DECEMBER 8, 2010 CITY COUNCIL AGENDA CERTIFICATION
This certification is given pursuant to Chapter XI, Section 9 of the City Charter for the City Council Agenda dated December 8, 2010. We hereby certify, as to those contracts, agreements, or other obligations on this Agenda authorized by the City Council for which expenditures of money by the City are required, that all of the money required for those contracts, agreements, and other obligations is in the City treasury to the credit of the fund or funds from which the money is to be drawn, as required and permitted by the City Charter, and that the money is not appropriated for any other purpose .
II - /fj -/O Mary K. Suhm Date City Manager
~ic 2 ~e- n r i er i o Edward cott Date City Controller
General Information Informacion General
EI Ayuntamiento de la Ciudad de Dallas. se reune regularr:nente The Dallas City Council regularly meets on Wednesda~s los rnlercolesen la Camara del Ayuntamiento en el sexto prsode beginning at 9:00 a.m. in the Council Chambers, 6th floor, ~Ity la Alcaldfa, 1500 Marilla, a las 9 de la manana. Las reuniones Hall, 1500 Marilla. Council agenda meetings are broadcast live informativas se lIevan a cabo el primer y tercer rniercoles del on WRR-FM radio (101.1 FM) and on Time Warner City Cable meso Estas audiencias se transmiten en vivo por la estaci6n de Channel 16. Briefing meetings are held the first and third radio WRR-FM 101.1 Y por cablevisi6n en la estaci6n Time Wednesdays of each month. Council agenda (voting) meetings Warner CityCable Canal 16. EI Ayuntamiento Municipal se are held on the second and fourth Wednesdays. Anyone wishing asu~~os to speak at a meeting should sign up with the City Secretary's reune el segundo y cuarto rnlercoles del mes para tratar presentados de manera oficial en la agenda para su aprobacion. Office by calling (214) 670-3738 before 9:0~ a.m. on the r:teetlng d~1 date. Citizens can find out the name of their representative and Toda persona que desee hablar durante la asamblea Ayuntamiento, debe inscribirse lIamando a la Secretana their voting district by calling the City Secretary's Office. Municipal al telefono (214) 670-3738, antes de las 9 de la manana del dla de la asamblea. Para enterarse del nombre de Sign interpreters are available upon request with a 48~hour su representante en el Ayuntamiento Municipal y el distrito advance notice by calling (214) 670-5208 V/TDD. The City of donde usted puede votar, favor de lIamar a la Secretaria Dallas is committed to compliance with the Americans with Municipal. DisabilitiesAct. The Council agenda is available in alternative formats upon request. lnterpretes para personas con impedimentos auditivos estan disponibles si 10 solicita con 48 horas de anticipaci6n !Iamando If you have any questions about this agenda or comments or al (214) 670-5208 (aparato auditivo V/TDD). La Ciudad de complaints about city services, call 311. Dallas se esfuerza por cumplir con el decreto que protege a las personas con impedimentos, Americans with Disabilties Act. La agenda del Avuntamiento esta disponible en formatos alternos si 10solicita.
Si tiene preguntas sobre esta agenda, 0 si desea hacer comentarios 0 presentar quejas con respecto a servicios de la Ciudad, lIame al 311. Rules of Courtesy Reglas de Cortesia City Council meetings bring together citizens of man~ varied Las asambleas del Ayuntamiento Municipal reunen a ciudadanos interests and ideas. To insure fairness and orderly meetings, the de diversos intereses e ideologfas. Para asegurar la Council has adopted rules of courtesy which apply to ~II imparcialidad y el orden durante las asambleas, el Ayuntamiento members of the Council, administrative staff, news media, ha adoptado ciertas reglas de cortesia que aplican a todos los citizens and visitors. These procedures provide: miembros del Ayuntamiento, al personal administrativo, personal de los medios de comunicaci6n, a los ciudadanos, ya visitantes. That no one shall delay or interrupt the proceedings, or Estos reglamentos establecen 10 siguiente: refuse to obey the orders of the presiding officer.
All persons should refrain from private conversation, eating, Ninguna pesona retrasara 0 lnterrurnpira los procedimientos, 0 se neqara a obedecer las 6rdenes del oficial que preside la asamblea. drinking and smoking while in the Council Chamber. Todas las personas deben de abstenerse de entablar Posters or placards must remain outside the Council conversaciones, comer, beber y fumar dentro de la carnara Chamber. del Ayuntamiento.
No cellular phones or audible beepers allowed in Council Anuncios y pancartas deben permanecer fuera de la Chamber while City Council is in session. carnara del Ayuntamiento. "Citizens and other visitors attending City Council meetings shall No se permite usar telefonos celulares 0 enlaces observe the same rules of propriety, decorum and good conduct electr6nicos (pagers) audibles en la carnara del applicable to members of the City Council. Any person making Ayuntamiento durante audiencias del Ayuntamiento w~o personal, impertinent, profane or slanderous remark.s or Municipal. becomes boisterous while addressing the City Council or while attending the City Council meeting shall be removed fro~ ~he "Los ciudadanos y visitantes presentes durante las asambleas room if the sergeant-at-arms is so directed by the presiding del Ayuntamiento Municipal deben de obedecer las mismas aUdien~e officer, and the person shall be barred from furthe.r reglas de comportamiento, decoro y buena conducta que se before the City Council during that session of the City Council. aplican a los miembros del Ayuntamiento Municipal. Cualqui~r If the presiding officer fails to act, any member of the City Council persona que haga comentarios impertinentes, utilice vocabulano th~ may move to require enforcement of rules, an.d the obsceno 0 difamatorio, 0 que al dirigirse al Ayuntamiento 10 haga affirmative vote of a majority of the City Council shall require the en forma escandalosa, 0 si causa disturbio durante la asamblea presiding officer to act." Section 3.3(c) of the City Council Rules del Ayuntamiento Municipal, sera expulsada de la carnara si el of Procedure. oficial que este presidiendo la asamblea asl 10 ordena. Adernas, se Ie prohlbira continuar participando en la audiencia ante el Ayuntamiento Municipal. Si el oficial que preside I.a asambl~a. no toma acci6n, cualquier otro miembro del Ayuntamiento Municipal puede tomar medidas para hacer cumplir las reglas establecidas, y el voto afirmativo de la mayorfa del Ayuntamiento Municipal precisara al oficial que este presidiendo la sesi6n a tomar acci6n." Segun la secci6n 3.3(c) de las reglas de procedimientos del Ayuntamiento. AGENDA CITY COUNCIL MEETING WEDNESDAY, DECEMBER 8, 2010 ORDER OF BUSINESS
Agenda items for which individuals have registered to speak will be considered no earlier than the time indicated below:
9:00 a.m. INVOCATION AND PLEDGE OF ALLEGIANCE
OPEN MICROPHONE
MINUTES Item 1
CONSENT AGENDA Items 2 - 50
ITEMS FOR INDIVIDUAL CONSIDERATION
No earlier Items 51 - 58 than 9:15 a.m.
PUBLIC HEARINGS AND RELATED ACTIONS
1:00 p.m. Items 59 - 71
NOTE: A revised order of business may be posted prior to the date of the council meeting if necessary.
AGENDA
CITY COUNCIL MEETING
DECEMBER 8, 2010
CITY OF DALLAS
1500 MARILLA
COUNCIL CHAMBERS, CITY HALL
DALLAS, TEXAS 75201
9:00 A. M.
Invocation and Pledge of Allegiance (Council Chambers)
Agenda Item/Open Microphone Speakers
VOTING AGENDA
1. Approval of Minutes of the November 10, 2010 City Council Meeting
CONSENT AGENDA
Aviation
2. Authorize a second amendment to Lease No. 1 and third amendment to Lease No. 2 with Signature Flight Support to reduce the annual rental revenue in the amount of approximately $513,387 from the pre-November 1, 2009 rate of $2,045,028 to approximately $1,531,641 in consideration of $7,000,000 in capital improvements to be expended within ten years and reimburse, through rental credits over the next year, with signature payments in the amount of approximately $1,059,050 at Dallas Love Field - Estimated Annual Revenue: $1,531,641
Business Development & Procurement Services
3. Authorize a three-year service contract for inspection, maintenance and repair of the existing fire alarm system at Dallas Love Field Airport - SimplexGrinnell, LP through the Texas Multiple Award Schedule contract - Not to exceed $187,905 - Financing: Aviation Current Funds (subject to annual appropriations) December 8, 2010 2
CONSENT AGENDA (Continued)
Business Development & Procurement Services (Continued)
4. Authorize the purchase of audio and visual equipment to replace the video wall system in the Fusion Center at Jack Evans Police Headquarters - Audio Fidelity Communication Corp. dba The Whitlock Group, through the Department of Information Resources, State of Texas Cooperative Contract - Not to exceed $311,495 - Financing: U. S. Department of Homeland Security Grant Funds
City Attorney's Office
5. Authorize settlement of the lawsuit styled Julie Anne London v. The City of Dallas, Cause No. 10-00794-D - Not to exceed $12,000 - Financing: Current Funds
6. Authorize settlement of the lawsuit styled Braulio Xolio v. City of Dallas, Cause No. 10- 01780-C - Not to exceed $13,000 - Financing: Current Funds
7. Authorize settlement of the lawsuit styled Claudette Drake, Individually and as Next Friend of Sashambry Hollins, a minor v. City of Dallas, Cause No. 10-03831-B - Not to exceed $21,500 - Financing: Current Funds
8. Authorize payment of annual software maintenance in support of the CityLaw performance-based tracking system from Cycom Data Systems, Inc. for the period November 1, 2010 through October 31, 2011 - Not to exceed $51,745 - Financing: Current Funds (subject to appropriations)
9. Authorize Supplemental Agreement No. 1 to the professional services contract with The Lawton Law Firm, P.C., for additional expert services related to the request by Atmos Pipeline - Texas (Atmos), a division of Atmos Energy Corporation, to increase its city gate service (CGS) and pipeline transportation (PT) rates filed September 17, 2010 with the Railroad Commission of Texas - Not to exceed $49,000, from $25,000 to $74,000 - Financing: Current Funds (the full amount is reimbursable by Atmos subject to approval by the Railroad Commission of Texas)
Economic Development
10. Authorize the City Manager to enter into an Interlocal Agreement with the Dallas/Fort Worth International Airport Board and the cities of Euless and Fort Worth to share revenue derived from the Euless municipal hotel occupancy tax collected from hotels located at Dallas/Fort Worth International Airport - Financing: No cost consideration to the City
December 8, 2010 3
CONSENT AGENDA (Continued)
Housing/Community Services
11. Authorize modifications to the Permanent Supportive Housing (PSH) Program Statement to: (1) remove references to a goal to create an exact number of PSH units; (2) provide for City consideration of assistance for PSH units when existing units have been absorbed and services for existing units are stabilized; (3) encourage developers and applicants to brief key neighborhood and community groups; (4) provide for staff to notify the City Council when staff receives PSH project proposals seeking City assistance; and (5) provide maximum level of funding per PSH unit and a minimum percentage of PSH units required for multifamily projects for developers willing to provide PSH units and seeking assistance from City programs - Financing: No cost consideration to the City
12. Authorize (1) the acceptance of a grant from the U. S. Department of Justice to provide substance abuse treatment and re-integration services to adult ex-offenders with minor children and families for the period October 1, 2010 through September 30, 2012; (2) the establishment of appropriations in the amount of $291,690; and (3) execution of the grant agreement - Not to exceed $291,690 - Financing: U. S. Department of Justice Grant Funds
13. Authorize (1) the acceptance of a grant from the U. S. Department of Justice to provide re-entry services (pre-release and post-release) to adult and juvenile ex-offenders, ages 18 years and older for the period October 1, 2010 through September 30, 2011; (2) execution of a contract between the City of Dallas and Safer Dallas Better Dallas/DOORS; and (3) execution of the grant agreement - Not to exceed $1,000,000 - Financing: U. S. Department of Justice Grant Funds ($750,000) and Current Funds ($250,000)
14. Authorize (1) Supplemental Agreement No. 1 to the contract with Metro Dallas Homeless Alliance. previously approved on April 14, 2010, by Resolution No. 10-0864, to provide use of software and to retrieve information from the system provide training and technical support on the Homeless Management and Information System; and (2) the revised contract term from April 1, 2010 through June 30, 2012 - Not to exceed $60,889, from $75,000 to $135,889 - Financing: 2008-09 Homeless Prevention and Rapid Re-Housing Program Grant Funds
15. Authorize Supplemental Agreement No. 1 to the contract with The Family Place, Inc. for emergency shelter services to provide a safe haven for victims of family violence while locating permanent housing for the period October 1, 2010 through September 30, 2011 - Not to exceed $15,200, from $44,900 to $60,100 - Financing: 2010-11 Emergency Shelter Grant Funds
16. Authorize Supplemental Agreement No. 2 to the Homelessness Prevention and Rapid Re-Housing contract with Legal Aid of NorthWest Texas, Inc. to reduce the contract amount for the period October 1, 2009 through September 30, 2011 - Not to exceed ($65,000), from $207,025 to $142,025 - Financing: 2008-09 Homeless Prevention and Rapid Re-Housing Program Grant Funds December 8, 2010 4
CONSENT AGENDA (Continued)
Housing/Community Services (Continued)
17. Authorize Supplemental Agreement No. 2 to increase the contract with Nexus Recovery Center, Inc. previously approved on August 26, 2009, by Resolution No. 09-2075, for the period October 1, 2010 through September 30, 2011 - Not to exceed $65,000, $358,519 to $423,519 - Financing: 2008-09 Homeless Prevention and Rapid Re- Housing Program Grant Funds
18. Authorize the fifth amendment to the contract with the Department of State Health Services to accept additional grant funds awarded for the continuation of the Special Supplemental Nutrition Program for the Women, Infants and Children Program for the period October 1, 2009 through December 1, 2010 - Not to exceed $693,847, from $16,221,474 to $16,915,321 - Financing: Department of State Health Services Grant Funds
Human Resources
19. Authorize a contract with Dallas Area Rapid Transit for the purchase of 384 annual passes in support of the City's clean air initiative - Not to exceed $157,752 - Financing: Current Funds (to be reimbursed by participating employees)
Office of Management Services
20. Authorize renewal of the professional service contract for initial registration and re- registration of City departments to International Organization for Standardization 9001:2008, 14001:2004 and OHSAS 18001:2007 standards with Bureau Veritas Certification North America for the period November 2010 through November 12, 2013 - Not to exceed $574,275 - Financing: Current Funds (subject to annual appropriations)
Park & Recreation
21. Authorize a contract for a new loop trail and connecting sidewalks at Tietze Park located at 3700 Skillman Street - LDM Investments, Inc. dba LDM Design and Construction, lowest responsible bidder of twelve - Not to exceed $254,808 - Financing: 2006 Bond Funds
22. Authorize a contract for a new pavilion and site furnishings at Cotillion Park located at 3600 Barnes Bridge Road - RoeschCo Construction, Inc., best value proposer of five - Not to exceed $282,000 - Financing: 2006 Bond Funds
23. Authorize a contract for a new pavilion at Umphress Park located at 7700 Umphress Road - MetalMan Design/Build Corporation, best value proposer of five - Not to exceed $281,854 - Financing: 2003 Bond Funds
December 8, 2010 5
CONSENT AGENDA (Continued)
Park & Recreation (Continued)
24. Authorize a contract for a playground replacement and replacement of the existing multi-use court at Walford Park located at 1700 North Haskell Avenue - Henneberger Construction, Inc., lowest responsible bidder of eleven - Not to exceed $107,730 - Financing: 2006 Bond Funds
25. Authorize a contract for Phase II for a trail reconstruction to include erosion control improvements, new asphalt loop trail, and landscaping at Bachman Lake Park located at 3500 Northwest Highway - Riverway Contractors and Management, Inc., lowest responsible bidder of seven - Not to exceed $604,600 - Financing: 2006 Bond Funds
26. Authorize a contract for relocation and restoration of the WPA-era stone pavilion to include removal of the existing parking lot and driveway; and replacement with new parallel parking; construction of new sidewalks; and repair and restoration of stone benches, tables and walls Stevens Park located at 1005 North Montclair Avenue - Gilbert May, Inc. dba Phillips/May Corporation, best value proposer of thirteen - Not to exceed $457,758 - Financing: 2003 Bond Funds
27. Authorize a contract for restoration of historic WPA stone walls, stairs, terraces, tables, fireplaces and walkways; and reconstruction of the existing vehicular entry road with a new gateway at Reverchon Park located at 3505 Maple Avenue - Hasen Design Build and Development dba Hasen Construction Services, best value proposer of six - Not to exceed $1,446,121 - Financing: 2003 Bond Funds
28. Authorize Supplemental Agreement No. 1 to the professional services contract with Kimley-Horn and Associates, Inc. for preparation of an aquatic facilities master plan to guide programming, site locations, renovations, new construction and a transition plan for aquatic facilities - Not to exceed $185,000, from $23,900 to $208,900 - Financing: 2006 Bond Funds
29. Authorize Supplemental Agreement No. 3 to the professional services contract with McAfee3 Architects for reimbursable expenses, additional irrigation design and roof consulting at Samuell-Grand Tennis Center located at 6200 East Grand Avenue - Not to exceed $7,504, from $122,560 to $130,064 - Financing: 2006 Bond Funds
Police
30. Authorize application for and acceptance of the 2010-12 Bulletproof Vest Partnership grant from the U.S. Department of Justice, Office of Justice Programs for partial reimbursement of approved bulletproof vest purchases for the period April 1, 2010 through August 31, 2012 - Not to exceed $199,617 - Financing: U.S. Department of Justice, Bureau of Justice Assistance Grant Funds
December 8, 2010 6
CONSENT AGENDA (Continued)
Police (Continued)
31. Authorize (1) an application for and the acceptance of the Community Oriented Policing Services (COPS) Child Sexual Predator Program (CSPP) from the U. S. Department of Justice Grant Funds to improve sex offender management for the period of September 1, 2010 through August 31, 2012; and (2) the execution of the grant agreement - Not to exceed $419,971 - Financing: U. S. Department of Justice, Office of Community Oriented Policing Services Grant Funds
Public Works & Transportation
32. Authorize a contract with Ark Contracting Services, LLC, lowest responsible bidder of five, for the construction of Bridge Repair and Modification Group 10-01 (list attached) - Not to exceed $1,293,670 - Financing: 2006 Bond Funds ($316,416) and Water Utilities Capital Improvement Funds ($977,254)
33. Authorize a professional services contract with Fitzgerald Collaborative for architectural and engineering services for design and construction administration services of the Bexar Street Redevelopment Investment Center located at the southwest corner of Bexar Street and Hooper Street - Not to exceed $164,953 - Financing: 2010 Certificates of Obligation
Sanitation Services
34. Authorize (1) the acceptance of a grant from the North Central Texas Council of Governments in the amount of $60,000 to conduct the second phase of the heavy bulk and brush study; and (2) an increase to the contract with R. W. Beck, previously approved by Administrative Action No. 09-2894 on November 17, 2009, for a bulk and brush study - Not to exceed $80,000, from $24,900 to $104,900 - Financing: North Central Texas Council of Governments Solid Waste Grant Funds ($60,000) and Current Funds ($20,000)
Sustainable Development and Construction
35. Authorize acquisition, including the exercise of the right of eminent domain, if such becomes necessary, from the Estate of Valrie Campbell, Russell Pattinson and Catalinga Zuniga of 3 tracts of land containing a total of approximately 20,400 square feet located on Peabody Avenue between Edgewood and Kimble Streets for the construction of Fire Station No. 6 - Not to exceed $201,000 ($196,000 plus closing costs not to exceed $5,000) - Financing: 2006 Bond Funds
36. Authorize acquisition, including the exercise of the right of eminent domain, if such becomes necessary, from TKD Mapleshade, LLC of 3 tracts of land containing a total of approximately 49,649 square feet of land located near Creek and Crosstimbers Drives for the Upper McKamy Flood Control Improvements - Not to exceed $302,394 ($297,894 plus closing costs not to exceed $4,500) - Financing: 2003 Bond Funds December 8, 2010 7
CONSENT AGENDA (Continued)
Sustainable Development and Construction (Continued)
37. Authorize (1) support for the proposed Texas Department of Transportation (TxDOT) design for I-35E from I-635 to U.S. 380 which includes managed toll lanes; (2) the use of innovative financing mechanisms, including public private-partnerships, to complete the I-35E improvements in five to seven years; (3) statutory authority for TxDOT to enter into public-private partnerships for the purpose of seeking competitive proposals and awarding the construction of the planned improvements for I-35E; and (4) expedited approval of authorization for TxDOT to enter into public-private partnerships with an effective date in the first quarter of calendar year 2011 - Financing: No cost consideration to the City
38. A resolution authorizing conveyance of a storm drainage easement containing approximately 18,550 square feet of land to the State of Texas for the construction and maintenance of storm water drainage facilities across City-owned land at Lake Ray Hubbard located near the intersection of Henry M. Chandler Drive and Farm to Market Road 740 - Revenue: $44,525
39. Authorize moving expense and rental assistance payments for Rosalba Zavala in the Cadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property at 710 Packard Street for future City facilities - Not to exceed $16,100 - Financing: 2006 Bond Funds
40. Authorize moving expense and replacement housing payments for Nora Gonzalez in the Cadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property at 803 Buick Avenue for future City facilities - Not to exceed $33,800 - Financing: 2006 Bond Funds
41. Authorize moving expense and replacement housing payments for Frances Pedroza in the Cadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property at 2939 Gloyd Street for future City facilities - Not to exceed $39,900 - Financing: 2006 Bond Funds
42. Authorize moving expense and replacement housing payments for Benjamin Gomez in the Cadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property at 911 Pontiac Avenue for future City facilities - Not to exceed $41,600 - Financing: 2006 Bond Funds
43. Authorize moving expense and replacement housing payments for Lillian Ford in the Cadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property at 2836 Alex Street for future City facilities - Not to exceed $42,900 - Financing: 2006 Bond Funds
44. An ordinance abandoning a portion of CityPlace West Boulevard to Blackburn Central Holdings, L.P., the abutting owner, containing approximately 1,452 square feet of land located near its intersection with U.S. Highway 75, authorizing the quitclaim, and providing for the dedication of approximately 16,997 square feet of land needed for street right-of-way - Revenue: $5,400 plus the $20 ordinance publication fee December 8, 2010 8
CONSENT AGENDA (Continued)
Sustainable Development and Construction (Continued)
45. An ordinance abandoning a portion of Forest Springs Drive to DFS-Villas at Castle Hills, LLC, SRE-Villas at Castle Hills, LLC, and DLM-Villas at Castle Hills, LLC, the abutting owners, containing approximately 66,537 square feet of land located near the intersection of Forest Springs Drive and Abrams Road, authorizing the quitclaim, and providing for the dedication of approximately 66,537 square feet of land needed for public open space - Revenue: $5,400 plus the $20 ordinance publication fee
Water Utilities
46. Authorize a Master Utility Adjustment Agreement with LBJ Infrastructure Group LLC and Trinity Infrastructure, LLC for water and wastewater main relocations and adjustments in Interstate Highway 635 (Lyndon B. Johnson Freeway) from Luna Road to U.S. Highway 75 (Central Expressway) and in Interstate Highway 35E (Stemmons Freeway) from Northwest Highway to Valwood Parkway - Not to exceed $240,000 - Financing: Water Utilities Current Funds (to be reimbursed by LBJ Infrastructure Group LLC and Trinity Infrastructure, LLC)
47. Authorize a thirty-year contract with the City of The Colony to continue providing treated water for the period November 5, 2010 through November 4, 2040 - Estimated Annual Revenue: $1,500,000
48. Authorize an Advanced Funding Agreement with the Water Research Foundation to fund the City’s cost share as part of a multi-agency collaboration on a Water Quality Improvements pilot project study entitled “Optimizing Engineered Biofiltration” - Not to exceed $150,000 - Financing: Water Utilities Capital Construction Funds
49. Authorize continuation of the contract with the United States Geological Survey for operation of stream flow and water quality gauging stations in the Trinity River basin, a lake evaporation station on Lake Lewisville, a pharmaceutical and personal care products water quality study, and a Zebra Mussel Study on Lake Ray Hubbard from December 8, 2010 through September 30, 2011 - $329,404 - Financing: Water Utilities Current Funds
50. Authorize (1) an eighteen-month master agreement for water and wastewater small services installations in the amount of $2,419,295; (2) a contract for the installation of water and wastewater mains at 7 locations in the amount of $2,597,300 (list attached); and (3) an eighteen-month master agreement for water and wastewater mainline extensions and emergency mainline installations at various locations in the amount of $1,799,450 with Atkins Bros. Equipment Co., Inc., lowest responsible bidder of seven - Total not to exceed $6,816,045 - Financing: Water Utilities Capital Improvement Funds ($2,597,300) and Water Utilities Capital Construction Funds ($4,218,745) December 8, 2010 9
ITEMS FOR INDIVIDUAL CONSIDERATION
City Secretary’s Office
51. Consideration of appointments to boards and commissions and the evaluation and duties of board and commission members (List of nominees is available in the City Secretary's Office)
Mayor and City Council
52. An ordinance amending Chapter 31 of the Dallas City Code to: (1) define terms; (2) prohibit multiple registered sex offenders from residing in the same dwelling unit, with certain defenses; (3) update references to state law in current city restrictions on specified sex offenders; (4) clarify crimes that cause a person to be designated as a specified sex offender; (5) provide a grandfather clause; and (6) provide a penalty not to exceed $500 - Financing: No cost consideration to the City
Sustainable Development and Construction
53. Authorize an appeal of the City Plan Commission’s decision to approve a minor amendment to the development plan and landscape plan for Planned Development District No. 771 on the south line of Lovers Lane, west of Inwood Road and east of Linwood Avenue - M090-057 - Financing: No cost consideration to the City
ITEMS FOR FURTHER CONSIDERATION
Public Works & Transportation
54. An ordinance amending Section 43-136 of Chapter 43 of the Dallas City Code to authorize the Director of Public Works and Transportation to promulgate regulations and operational standards governing the shared use of the public right-of-way by transportation uses (including streetcars) and public service providers - Financing: No cost consideration to the City
DESIGNATED PUBLIC SUBSIDY MATTERS
Economic Development
55. Authorize a nine-month Chapter 380 grant agreement, with four one-year renewal options, with World Affairs Council of Dallas / Fort Worth, the most advantageous proposer of two, for economic development and protocol services for the period January 1, 2011 through September 30, 2011 - Not to exceed $150,000 - Financing: Public/Private Partnership Funds (subject to annual appropriations)
56. Authorize an economic development grant agreement pursuant to Chapter 380 of the Texas Local Government Code in accordance with the City's Public/Private Partnership Program - Business Development Grant Program with International Bazaar, Inc., related to the remodeling of the Big T Plaza Shopping Center located at 4515 Village Fair Drive - Not to exceed $200,000 - Financing: 2006 Bond Funds December 8, 2010 10
ITEMS FOR INDIVIDUAL CONSIDERATION (Continued)
DESIGNATED PUBLIC SUBSIDY MATTERS (Continued)
Economic Development (Continued)
57. Authorize an economic development grant agreement pursuant to Chapter 380 of the Texas Local Government Code in accordance with the City's Public/Private Partnership Program - Business Development Grant Program with Bishop Arts Village, LLC, related to the acquisition of real estate and development of certain property within the City of Dallas - Not to exceed $2,000,000 - Financing: 2006 Bond Funds
Housing/Community Services
58. Authorize the reconstruction on-site of three homes in accordance with the Reconstruction/SHARE Program Statement requirements for properties located at 4107 Furey Street in the amount of $93,400; 1551 East Ohio Avenue in the amount of $93,400 and 1215 Woodview Lane in the amount of $93,400 - Total not to exceed $280,200 - Financing: 2009-10 Community Development Block Grant Reprogramming Funds
PUBLIC HEARINGS AND RELATED ACTIONS
Sustainable Development and Construction
ZONING CASES - INDIVIDUAL
59. A public hearing to receive comments regarding an application for and an ordinance granting an LI Light Industrial District and a resolution accepting deed restrictions volunteered by the applicant on property zoned an NO(A) Neighborhood Office District located on the northwest corner of Waterview Parkway and Cullum Street Recommendation of Staff and CPC: Approval, subject to deed restrictions volunteered by the applicant Z090-248(MG)
60. A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 1419 for an Industrial (outside) use for an asphalt batching plant on property zoned an IM Industrial Manufacturing District, at the terminus of Z Street, east of Luna Road Recommendation of Staff and CPC: Approval for a ten-year period with eligibility for automatic renewals of additional ten-year periods, subject to a site plan and conditions Z090-232(OTH)
December 8, 2010 11
PUBLIC HEARINGS AND RELATED ACTIONS (Continued)
Sustainable Development and Construction (Continued)
ZONING CASES - INDIVIDUAL (Continued)
61. A public hearing to receive comments regarding an application for and an ordinance granting an amendment to the Tract V portion of Planned Development District No. 314, the Preston Center Special Purpose Center, and an ordinance granting an amendment to the site plan for Specific Use Permit No. 744 for a bank with a drive-in window on the north line of Weldon Howell Parkway between Douglas Avenue and Westchester Drive Recommendation of Staff: Approval of an amendment to the Tract V portion of Planned Development District No. 314, subject to a revised development plan and staff conditions and approval of an alternate site plan to Specific Use Permit No. 744, subject to a site plan B Recommendation of CPC: Approval of an amendment to the Tract V portion of Planned Development District No. 314, subject to a revised development plan and conditions and approval of an alternate site plan to Specific Use Permit No. 744, subject to a site plan B Z090-225(WE)
ZONING CASES - UNDER ADVISEMENT - INDIVIDUAL
62. A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for an utility or government installation other than listed on property within Tract A of Planned Development District 468, the Oak Cliff Gateway Special Purpose District, on the east side of Beckley Avenue at the terminus of I-30 Frontage Road Recommendation of Staff & CPC: Approval for an eight-year period, subject to a site plan and conditions Z090-183(WE) Note: This item was considered by the City Council at public hearings on September 22 and October 13, 2010, and was taken under advisement until December 8, 2010, with the public hearing open.
DESIGNATED ZONING CASES - INDIVIDUAL
63. A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development District for MU-3 Mixed Use District Uses on property zoned an MU-3 Mixed Use District on the northeast corner of North Central Expressway and Twin Sixties Drive Recommendation of Staff: Approval, subject to a conceptual plan, Zone 2 development plan, a Zone 3 development plan, and staff's recommended conditions, and no change in zoning for that portion of the property under new ownership Recommendation of Staff and CPC: Approval, subject to a conceptual plan, Zone 2 development plan, a Zone 3 development plan, and conditions, and no change in zoning for that portion of the property under new ownership Z067-284(RB)
December 8, 2010 12
PUBLIC HEARINGS AND RELATED ACTIONS (Continued)
Sustainable Development and Construction (Continued)
DESIGNATED ZONING CASES - INDIVIDUAL (Continued)
64. A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for gas drilling and production on property zoned an IR Industrial Research District on south side of Jefferson Boulevard, east of Hardy Road adjacent to the water canal in the westernmost quadrant of the Hensley Field Airport and Naval Base Recommendation of Staff: Approval for a ten-year period with eligibility for automatic renewal of additional ten-year periods, subject to an existing site plan, operation plan for drilling, operation plan for production and conditions Recommendation of CPC: Denial Z090-211(WE)
65. A public hearing to receive comments regarding a City Plan Commission authorized hearing to determine proper zoning relative to appropriate sign standards in the Arts District Special Provision Sign District including, but not limited to, provisions to allow video board signs, LED signs, and construction barricade signs in an area generally bounded by Harwood Street to the southwest, Woodall Rodgers Freeway to the northwest, Routh Avenue to the east, and Ross Avenue to the southeast and an ordinance granting revisions to the Arts District Special Provision Sign District Recommendation of Staff and CPC: Approval SPSD089-002
DESIGNATED ZONING CASES - UNDER ADVISEMENT - INDIVIDUAL
66. A public hearing to receive comments regarding an application for and an ordinance granting an MU-3 Mixed Use District on property zoned an IR Industrial Research District and a resolution accepting deed restrictions volunteered by the applicant on the east side of Maple Avenue, between Inwood Road and Butler Street Recommendation of Staff and CPC: Approval of the MU-3 Mixed Use District and approval of the deed restrictions volunteered by the applicant Z090-169(WE) Note: This item was considered by the City Council at a public hearing on October 26, 2010, and was taken under advisement until December 8, 2010, with the public hearing open. December 8, 2010 13
PUBLIC HEARINGS AND RELATED ACTIONS (Continued)
Sustainable Development and Construction (Continued)
DEVELOPMENT CODE AMENDMENTS - CONSENT
67. A public hearing to receive comments regarding consideration of amendments to Chapter 51 and Chapter 51A, the Dallas Development Code providing that the Geographic Information System (GIS) shall be the official zoning map of the city; deleting airport flight overlay districts; and providing that height is restricted according to FAA regulations and an ordinance granting the revisions Recommendation of Staff: Approval Recommendation of CPC: Approval, subject to the following change; under the definition of “Legal Height” adding “whichever is more restrictive” at the end of the definition DCA101-002
68. A public hearing to receive comments regarding consideration of amendments to Chapter 51, Chapter 51A and Chapter 51P, the Dallas Development Code, to change the name of Development Services to Sustainable Development and Construction; name the managing director of the Office of Environmental Quality as the director over municipal setting designations; and including the Department of Trinity Watershed Management in the municipal setting designation process and an ordinance granting the revisions Recommendation of Staff and CPC: Approval DCA101-001
MISCELLANEOUS HEARINGS
Housing/Community Services
69. A public hearing to receive comments on Substantial Amendment No. 7 to the FY 2008- 09 Consolidated Plan for the Neighborhood Stabilization Program (NSP); and at the close of the hearing, authorize final adoption of Substantial Amendment No. 7 to the FY 2008-09 Consolidated Plan for the NSP to: (1) amend the Program Statement, Attachment A, Activity 1, Terms for Grants and Loans to modify provisions with respect to the AR Program from a tiered grant/loan to a homebuyer to a flat grant up to $25,000 per homebuyer; (2) the receipt and deposit of program income in an amount not to exceed $2,200,000 generated from NSP activities; and (3) the establishment of appropriations in an amount not to exceed $2,200,000 in the NSP Program Income Fund to be used for other eligible activities - Estimated Revenue: $2,200,000
December 8, 2010 14
PUBLIC HEARINGS AND RELATED ACTIONS (Continued)
MISCELLANEOUS HEARINGS - DESIGNATED PUBLIC SUBSIDY MATTERS
Economic Development
Note: Item Nos. 70 and 71 Cypress Waters TIF District must be considered collectively.
70. * A public hearing to receive comments concerning the creation of Tax Increment Financing Reinvestment Zone Number Nineteen for the Cypress Waters area, to be known as the Cypress Waters TIF District under the authority of the Tax Increment Financing Act, as amended (V.T.C.A, Tax Code Chapter 311) - Financing: No cost consideration to the City
71. * An ordinance establishing Tax Increment Financing Reinvestment Zone Number Nineteen to be known as the Cypress Waters TIF District under the authority of the Tax Increment Financing Act, as amended (V.T.C.A, Tax Code Chapter 311) - Financing: No cost consideration to the City December 8, 2010 15
Bridge Repair and Modification Group 10-01 Agenda Item #32
Location Council District
Lake June Road over Prairie Creek 5 Simpson Stuart Road over Five Mile Creek 8 December 8, 2010 16
Installation of Water and Wastewater Mains at 7 Locations Agenda Item #50
District 3
Commerce Street from Manila Road to Lone Star Drive
District 5
Catskill Street from Friendship Drive to Pocono Trail
Districts 5 and 8
Friendship Drive from Catskill Street to Rain Forest Drive
District 6
Conklin Street from Muncie Avenue south Muncie Avenue from Sylvan Avenue to Crossman Avenue
District 9
Barnes Bridge Road from southeast of Milhof Drive to northwest of Swaffar Drive Barnes Bridge Road from Dunaway Drive to Delford Circle December 8, 2010 17
A closed executive session may be held if the discussion of any of the above agenda items concerns one of the following:
1. Contemplated or pending litigation, or matters where legal advice is requested of the City Attorney. Section 551.071 of the Texas Open Meetings Act.
2. The purchase, exchange, lease or value of real property, if the deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person. Section 551.072 of the Texas Open Meetings Act.
3. A contract for a prospective gift or donation to the City, if the deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person. Section 551.073 of the Texas Open Meetings Act.
4. Personnel matters involving the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee or to hear a complaint against an officer or employee. Section 551.074 of the Texas Open Meetings Act.
5. The deployment, or specific occasions for implementation of security personnel or devices. Section 551.076 of the Texas Open Meetings Act.
6. Deliberations regarding Economic Development negotiations. Section 551.087 of the Texas Open Meetings Act. December 8, 2010 18
PUBLIC MEETINGS FOR DECEMBER 1 - DECEMBER 15, 2010
Tuesday, December 7, 2010
Civil Service Board 8:30 a.m. City Hall Suite 1C-South
AGENDA DATE December 8, 2010
ITEM IND # OK DEF DISTRICT TYPE DEPT. DOLLARS LOCAL MWBE DESCRIPTION 1 All V NA NA NA NA Approval of Minutes of November 10, 2010 City Council Meeting Authorize a second amendment to Lease No. 1 and third amendment to Lease No. 2 with Signature Flight Support to reduce the annual rental revenue in the amount of approximately $513,387 from the pre-November 1, 2009 rate of $2,045,028 to approximately $1,531,641 in consideration of $7,000,000 in capital improvements to be expended within ten years and reimburse, through rental credits over the next year, with signature payments in the amount of 2 14 C AVI REV $1,531,641 NA NA approximately $1,059,050 at Dallas Love Field Authorize a three-year service contract for inspection, maintenance and repair of the existing fire alarm system at 3 All C PBD, AVI $187,905.00 NA NA Dallas Love Field Airport Authorize the purchase of audio and visual equipment to replace the video wall system in the Fusion Center at Jack 4 N/A C PBD, POL GT NA NA Evans Police Headquarters 5 N/A C ATT, WTR $12,000.00 NA NA Authorize settlement of the lawsuit styled Julie Anne London v. The City of Dallas, Cause No. 10-00794-D 6 N/A C ATT, CCS $13,000.00 NA NA Authorize settlement of the lawsuit styled Braulio Xolio v. City of Dallas, Cause No. 10-01780-C Authorize settlement of the lawsuit styled Claudette Drake, Individually and as Next Friend of Sashambry Hollins, a 7 N/A C ATT, POL $21,500.00 NA NA minor v. City of Dallas, Cause No. 10-03831-B Authorize payment of annual software maintenance in support of the CityLaw performance-based tracking system from 8 N/A C ATT $51,745.00 NA NA Cycom Data Systems, Inc., for the period November 1, 2010 through October 31, 2011 Authorize Supplemental Agreement No. 1 to the professional services contract with The Lawton Law Firm, P.C., for additional expert services related to the request by Atmos Pipeline - Texas (Atmos), a division of Atmos Energy Corporation, to increase its city gate service (CGS) and pipeline transportation (PT) rates filed September 17, 2010 9 N/A C ATT $49,000.00 0.00% 0.00% with the Railroad Commission of Texas Authorize the City Manager to enter into an Interlocal Agreement with the Dallas/Fort Worth International Airport Board and the cities of Euless and Fort Worth to share revenue derived from the Euless municipal hotel occupancy tax 10 Outside C ECO, MGT NC NA NA collected from hotels located at Dallas/Fort Worth International Airport Authorize modifications to the Permanent Supportive Housing (PSH) Program Statement to: remove references to a goal to create an exact number of PSH units; provide for City consideration of assistance for PSH units when existing units have been absorbed and services for existing units are stabilized; encourage developers and applicants to brief key neighborhood and community groups; provide for staff to notify the City Council when staff receives PSH project proposals seeking City assistance; and provide maximum level of funding per PSH unit and a minimum percentage of PSH units required for multifamily projects for developers willing to provide PSH units and seeking assistance from City 11 All C HOU NC NA NA programs Authorize the acceptance of a grant from the U. S. Department of Justice to provide substance abuse treatment and re- integration services to adult ex-offenders with minor children and families for the period October 1, 2010 through 12 All C HOU GT NA NA September 30, 2012 and execution of the grant agreement Authorize the acceptance of a grant from the U. S. Department of Justice to provide re-entry services (pre-release and post-release) to adult and juvenile ex-offenders, ages 18 years and older for the period October 1, 2010 through September 30, 2011; execution of a contract between the City of Dallas and Safer Dallas Better Dallas/DOORS; and 13 All C HOU $250,000.00 NA NA execution of the grant agreement Authorize Supplemental Agreement No. 1 to the contract with Metro Dallas Homeless Alliance previously approved on April 14, 2010, by Resolution No. 10-0864, to provide use of software and to retrieve information from the system provide training and technical support on the Homeless Management and Information System; and extension of the 14 All C HOU GT NA NA contract term from April 1, 2010 through June 30, 2012 Authorize Supplemental Agreement No. 1 to the contract with The Family Place, Inc. for emergency shelter services to provide a safe haven for victims of family violence while locating permanent housing for the period October 1, 2010 15 All C HOU GT NA NA through September 30, 2011 Authorize Supplemental Agreement No. 2 to the Homelessness Prevention and Rapid Re-Housing contract with Legal Aid of NorthWest Texas, Inc. to reduce the contract amount for the period October 1, 2009 through September 30, 16 All C HOU GT NA NA 2011
Authorize Supplemental Agreement No. 2 to increase the contract with Nexus Recovery Center, Inc. previously 17 All C HOU GT NA NA approved on August 26, 2009, by Resolution No. 09-2075, for the period October 1, 2010 through September 30, 2011
Page 1 AGENDA DATE December 8, 2010
ITEM IND # OK DEF DISTRICT TYPE DEPT. DOLLARS LOCAL MWBE DESCRIPTION Authorize the fifth amendment to the contract with the Department of State Health Services to accept additional grant funds awarded for the continuation of the Special Supplemental Nutrition Program for the Women, Infants and Children 18 All C HOU GT NA NA Program for the period October 1, 2009 through December 1, 2010 Authorize a contract with Dallas Area Rapid Transit for the purchase of 384 annual passes in support of the City's clean 19 N/A C HRD $157,752.00 NA NA air initiative
Authorize renewal of the professional service contract for initial registration and re-registration of City departments to International Organization for Standardization 9001:2008, 14001:2004 and OHSAS 18001:2007 standards with Bureau 20 All C MGT $574,275.00 NA NA Veritas Certification North America for the period November 2010 through November 12, 2013 21 14 C PKR $254,808.00 81.81% 31.83% Authorize a contract for a new loop trail and connecting sidewalks at Tietze Park located at 3700 Skillman Street 22 9 C PKR $282,000.00 12.87% 60.68% Authorize a contract for a new pavilion and site furnishings at Cotillion Park located at 3600 Barnes Bridge Road 23 4, 5 C PKR $281,854.00 97.04% 97.04% Authorize a contract for a new pavilion at Umphress Park located at 7700 Umphress Road Authorize a contract for a playground replacement and replacement of the existing multi-use court at Walford Park 24 2 C PKR $107,730.00 100.00% 25.24% located at 1700 North Haskell Avenue Authorize a contract for Phase II for a trail reconstruction to include erosion control improvements, new asphalt loop 25 6 C PKR $604,600.00 69.06% 16.66% trail, and landscaping at Bachman Lake Park located at 3500 Northwest Highway Authorize a contract for relocation and restoration of the WPA-era stone pavilion to include removal of the existing parking lot and driveway; and replacement with new parallel parking; construction of new sidewalks; and repair and 26 3 C PKR $457,758.00 56.64% 68.94% restoration of stone benches, tables and walls Stevens Park located at 1005 North Montclair Avenue Authorize a contract for restoration of historic WPA stone walls, stairs, terraces, tables, fireplaces and walkways; and reconstruction of the existing vehicular entry road with a new gateway at Reverchon Park located at 3505 Maple 27 2 C PKR $1,446,121.00 54.11% 25.02% Avenue Authorize Supplemental Agreement No. 1 to the professional services contract with Kimley-Horn and Associates, Inc. for preparation of an aquatic facilities master plan to guide programming, site locations, renovations, new construction 28 All C PKR $185,000.00 62.16% 21.54% and a transition plan for aquatic facilities Authorize Supplemental Agreement No. 3 to the professional services contract with McAfee3 Architects for reimbursable expenses, additional irrigation design and roof consulting at Samuell-Grand Tennis Center located at 29 2 C PKR $7,504.00 100.00% 90.08% 6200 East Grand Avenue Authorize application for and acceptance of the 2010-12 Bulletproof Vest Partnership grant from the U.S. Department of Justice, Office of Justice Programs for partial reimbursement of approved bulletproof vest purchases for the period April 30 All C POL GT NA NA 1, 2010 through August 31, 2012
Authorize an application for and the acceptance of the Community Oriented Policing Services (COPS) Child Sexual Predator Program (CSPP) from the U. S. Department of Justice Grant Funds to improve sex offender management for 31 All C POL GT NA NA the period of September 1, 2010 through August 31, 2012 and execution of the grant agreement Authorize a contract with Ark Contracting Services, LLC, lowest responsible bidder of five, for the construction of Bridge 32 5, 8 C PWT, WTR $1,293,670.00 38.38% 30.77% Repair and Modification Group 10-01 Authorize a professional services contract with Fitzgerald Collaborative for architectural and engineering services for PWT, POL, design and construction administration services of the Bexar Street Redevelopment Investment Center located at the 33 7 C HOU $164,953.00 100.00% 79.87% southwest corner of Bexar Street and Hooper Street Authorize the acceptance of a grant from the North Central Texas Council of Governments to conduct the second phase of the heavy bulk and brush study; and an increase to the contract with R. W. Beck, previously approved by 34 All C SAN $20,000.00 NA NA Administrative Action No. 09-2894 on November 17, 2009, for a bulk and brush study Authorize acquisition of, including the exercise of the right of eminent domain, if such becomes necessary, from the Estate of Valrie Campbell, Russell Pattinson and Catalinga Zuniga of 3 tracts of land containing a total of approximately 20,400 square feet located on Peabody Avenue between Edgewood and Kimble Streets for the construction of Fire 35 7 C DEV, PWT $201,000.00 NA NA Station No. 6 Authorize acquisition, including the exercise of the right of eminent domain, if such becomes necessary, from TKD Mapleshade, LLC of 3 tracts of land containing a total of approximately 49,649 square feet of land located near Creek 36 12 C DEV, PWT $302,394.00 NA NA and Crosstimbers Drives for the Upper McKamy Flood Control Improvements
Page 2 AGENDA DATE December 8, 2010
ITEM IND # OK DEF DISTRICT TYPE DEPT. DOLLARS LOCAL MWBE DESCRIPTION Authorize support for the proposed Texas Department of Transportation (TxDOT) design for I-35E from I-635 to U.S. 380 which includes managed toll lanes; the use of innovative financing mechanisms, including public private- partnerships, to complete the I-35E improvements in five to seven years; statutory authority for TxDOT to enter into public-private partnerships for the purpose of seeking competitive proposals and awarding the construction of the planned improvements for I-35E; and expedited approval of authorization for TxDOT to enter into public-private 37 6 C DEV NC NA NA partnerships with an effective date in the first quarter of calendar year 2011
A resolution authorizing conveyance of a storm drainage easement containing approximately 18,550 square feet of land to the State of Texas for the construction and maintenance of storm water drainage facilities across City-owned land at 38 Outside C DEV REV $44,525 NA NA Lake Ray Hubbard located near the intersection of Henry M. Chandler Drive and Farm to Market Road 740 Authorize moving expense and rental assistance payments for Rosalba Zavala in the Cadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property at 710 Packard Street for future City 39 2 C DEV, PWT $16,100.00 NA NA facilities Authorize moving expense and replacement housing payments for Nora Gonzalez in the Cadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property at 803 Buick Avenue 40 2 C DEV, PWT $33,800.00 NA NA for future City facilities Authorize moving expense and replacement housing payments for Frances Pedroza in the Cadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property at 2939 Gloyd Street 41 2 C DEV, PWT $39,900.00 NA NA for future City facilities Authorize moving expense and replacement housing payments for Benjamin Gomez in the Cadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property at 911 Pontiac 42 2 C DEV, PWT $41,600.00 NA NA Avenue for future City facilities Authorize moving expense and replacement housing payments for Lillian Ford in the Cadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property at 2836 Alex Street for future City 43 7 C DEV, PWT $42,900.00 NA NA facilities An ordinance abandoning a portion of CityPlace West Boulevard to Blackburn Central Holdings, L.P., the abutting owner, containing approximately 1,452 square feet of land located near its intersection with U.S. Highway 75, authorizing the quitclaim, and providing for the dedication of approximately 16,997 square feet of land needed for street 44 14 C DEV REV $5,400 NA NA right-of-way
An ordinance abandoning a portion of Forest Springs Drive to DFS-Villas at Castle Hills, LLC, SRE-Villas at Castle Hills, LLC, and DLM-Villas at Castle Hills, LLC, the abutting owners, containing approximately 66,537 square feet of land located near the intersection of Forest Springs Drive and Abrams Road, authorizing the quitclaim, and providing 45 10 C DEV REV $5,400 NA NA for the dedication of approximately 66,537 square feet of land needed for public open space Authorize a Master Utility Adjustment Agreement with LBJ Infrastructure Group LLC and Trinity Infrastructure, LLC for water and wastewater main relocations and adjustments in Interstate Highway 635 (Lyndon B. Johnson Freeway) from Luna Road to U.S. Highway 75 (Central Expressway) and in Interstate Highway 35E (Stemmons Freeway) from 46 6, 11, 13 C WTR $240,000.00 NA NA Northwest Highway to Valwood Parkway Authorize a thirty-year contract with the City of The Colony to continue providing treated water for the period November 47 Outside C WTR REV $1,500,000 NA NA 5, 2010 through November 4, 2040 Authorize an Advanced Funding Agreement with the Water Research Foundation to fund the City's cost share as part of a multi-agency collaboration on a Water Quality Improvements pilot project study entitled “Optimizing Engineered 48 6 C WTR $150,000.00 NA NA Biofiltratiion" Authorize continuation of the contract with the United States Geological Survey for operation of stream flow and water quality gauging stations in the Trinity River basin, a lake evaporation station on Lake Lewisville, a pharmaceutical and personal care products water quality study, and a Zebra Mussel Study on Lake Ray Hubbard from December 8, 2010 49 All C WTR $329,404.00 NA NA through September 30, 2011 Authorize an eighteen-month master agreement for water and wastewater small services installations; a contract for the installation of water and wastewater mains at 7 locations; and an eighteen-month master agreement for water and 50 All C WTR $6,816,045.00 96.74% 25.06% wastewater mainline extensions and emergency mainline installations at various locations
Page 3 AGENDA DATE December 8, 2010
ITEM IND # OK DEF DISTRICT TYPE DEPT. DOLLARS LOCAL MWBE DESCRIPTION Consideration of appointments to boards and commissions and the evaluation and duties of board and commission 51 N/A I SEC NC N/A N/A members (List of nominees is available in the City Secretary's Office) An ordinance amending Chapter 31 of the Dallas City Code to: define terms; prohibit multiple registered sex offenders from residing in the same dwelling unit, with certain defenses; update references to state law in current city restrictions on specified sex offenders; clarify crimes that cause a person to be designated as a specified sex offender; provide a 52 All I MCC NC NA NA grandfather clause; and provide a penalty not to exceed $500 Authorize an appeal of the City Plan Commission's decision to approve a minor amendment to the development plan and landscape plan for Planned Development District No. 771 on the south line of Lovers Lane, west of Inwood Road 53 14 I DEV NC NA NA and east of Linwood Avenue (M090-057) An ordinance amending Section 43-136 of Chapter 43 of the Dallas City Code to authorize the Director of Public Works and Transportation to promulgate regulations and operational standards governing the shared use of the public right-of- 54 All I PWT NC NA NA way Authorize a nine-month Chapter 380 grant agreement, with four one-year renewal options, with World Affairs Council of Dallas / Fort Worth, the most advantageous proposer of two, for economic development and protocol services for the 55 All I ECO GT NA NA period January 1, 2010 through September 30, 2011 Authorize an economic development grant agreement pursuant to Chapter 380 of the Texas Local Government Code in accordance with the City's Public/Private Partnership Program - Business Development Grant Program with International Bazaar, Inc., related to the remodeling of the Big T Plaza Shopping Center located at 4515 Village Fair 56 4 I ECO $200,000.00 NA NA Drive
Authorize an economic development grant agreement pursuant to Chapter 380 of the Texas Local Government Code in accordance with the City's Public/Private Partnership Program - Business Development Grant Program with Bishop Arts 57 1 I ECO $2,000,000.00 NA NA Village, LLC, related to the acquisition of real estate and development of certain property within the City of Dallas
Authorize the reconstruction on-site of three homes in accordance with the Reconstruction/SHARE Program Statement 58 3, 4 I HOU GT NA NA requirements for properties located at 4107 Furey Street; 1551 East Ohio Avenue and 1215 Woodview Lane A public hearing to receive comments regarding an application for and an ordinance granting an LI Light Industrial District and a resolution accepting deed restrictions volunteered by the applicant on property zoned an NO(A) 59 12 PH DEV NC NA NA Neighborhood Office District located on the northwest corner of Waterview Parkway and Cullum Street A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 1419 for an Industrial (outside) use for an asphalt batching plant on property zoned an IM Industrial 60 6 PH DEV NC NA NA Manufacturing District, at the terminus of Z Street, east of Luna Road A public hearing to receive comments regarding an application for and an ordinance granting an amendment to the Tract V portion of Planned Development District No. 314, the Preston Center Special Purpose Center, and an ordinance granting an amendment to the site plan for Specific Use Permit No. 744 for a bank with a drive-in window on 61 13 PH DEV NC NA NA the north line of Weldon Howell Parkway between Douglas Avenue and Westchester Drive
A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for an utility or government installation other than listed on property within Tract A of Planned Development District 468, the 62 3 PH DEV NC NA NA Oak Cliff Gateway Special Purpose District, on the east side of Beckley Avenue at the terminus of I-30 Frontage Road A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development District for MU-3 Mixed Use District Uses on property zoned an MU-3 Mixed Use District on the northeast corner of 63 14 PH DEV NC NA NA North Central Expressway and Twin Sixties Drive A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for gas drilling and production on property zoned an IR Industrial Research District on south side of Jefferson Boulevard, east of Hardy Road adjacent to the water canal in the westernmost quadrant of the Hensley Field Airport and Naval 64 3 PH DEV NC NA NA Base
Page 4 AGENDA DATE December 8, 2010
ITEM IND # OK DEF DISTRICT TYPE DEPT. DOLLARS LOCAL MWBE DESCRIPTION A public hearing to receive comments regarding a City Plan Commission authorized hearing to determine proper zoning relative to appropriate sign standards in the Arts District Special Provision Sign District including, but not limited to, provisions to allow video board signs, LED signs, and construction barricade signs in an area generally bounded by Harwood Street to the southwest, Woodall Rodgers Freeway to the northwest, Routh Avenue to the east, and Ross 65 14 PH DEV NC NA NA Avenue to the southeast and an ordinance granting revisions to the Arts District Special Provision Sign District A public hearing to receive comments regarding an application for and an ordinance granting an MU-3 Mixed Use District on property zoned an IR Industrial Research District and a resolution accepting deed restrictions volunteered by 66 2 PH DEV NC NA NA the applicant on the east side of Maple Avenue, between Inwood Road and Butler Street A public hearing to receive comments regarding consideration of amendments to Chapter 51 and Chapter 51A, the Dallas Development Code providing that the Geographic Information System (GIS) shall be the official zoning map of the city; deleting airport flight overlay districts; and providing that height is restricted according to FAA regulations and 67 All PH DEV NC NA NA an ordinance granting the revisions A public hearing to receive comments regarding consideration of amendments to Chapter 51, Chapter 51A and Chapter 51P, the Dallas Development Code, to change the name of Development Services to Sustainable Development and Construction; name the managing director of the Office of Environmental Quality as the director over municipal setting designations; and including the Department of Trinity Watershed Management in the municipal setting 68 All PH DEV NC NA NA designation process and an ordinance granting the revisions A public hearing to receive comments on Substantial Amendment No. 7 to the FY 2008-09 Consolidated Plan for the Neighborhood Stabilization Program (NSP); and at the close of the hearing, authorize final adoption of Substantial Amendment No. 7 to the FY 2008-09 Consolidated Plan for the NSP to: amend the Program Statement, Attachment A, Activity 1, Terms for Grants and Loans to modify provisions with respect to the AR Program from a tiered grant/loan to a homebuyer to a flat grant up to $25,000 per homebuyer; the receipt and deposit of program income in an amount not to exceed $2,200,000 generated from NSP activities; and the establishment of appropriations in an amount not to exceed 69 All PH HOU REV $2,200,000 NA NA $2,200,000 in the NSP Program Income Fund to be used for other eligible activities
Cypress Waters TIF District: A public hearing to receive comments concerning the creation of Tax Increment Financing Reinvestment Zone Number Nineteen for the Cypress Waters area, to be known as the Cypress Waters TIF District 70 6 PH ECO NC NA NA under the authority of the Tax Increment Financing Act, as amended (V.T.C.A, Tax Code Chapter 311) Cypress Waters TIF District: An ordinance establishing Tax Increment Financing Reinvestment Zone Number Nineteen to be known as the Cypress Waters TIF District under the authority of the Tax Increment Financing Act, as amended 71 6 PH ECO NC NA NA (V.T.C.A, Tax Code Chapter 311)
TOTAL $16,836,318.00
Page 5
AGENDA ITEM # 2 KEY FOCUS AREA: Economic Vibrancy
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): 14
DEPARTMENT: Aviation
CMO: A. C. Gonzalez, 671-8925
MAPSCO: 34A&F ______
SUBJECT
Authorize a second amendment to Lease No. 1 and third amendment to Lease No. 2 with Signature Flight Support to reduce the annual rental revenue in the amount of approximately $513,387 from the pre-November 1, 2009 rate of $2,045,028 to approximately $1,531,641 in consideration of $7,000,000 in capital improvements to be expended within ten years and reimburse, through rental credits over the next year, with signature payments in the amount of approximately $1,059,050 at Dallas Love Field - Estimated Annual Revenue: $1,531,641
BACKGROUND
On June 10, 1992, the City Council approved Resolution No. 92-2174, which authorized the City Manager to enter into two ten-year leases (“Lease No. 1” and “Lease No. 2”), plus three ten-year options to extend the leases with Ryder Aviall, Inc. On February 8, 2005, the leases were assigned to Signature Flight Support.
Lease No. 1 contains approximately 332,997 square feet of land improved with multiple hangars, aircraft ramp, and office building/support facilities containing approximately 95,448 square feet.
Lease No. 2 contains approximately 2,023,375 square feet of land improved with multiple hangars, aircraft ramp and office buildings/support facilities containing approximately 452,463 square feet.
Both leases contain a unique provision that permits the City to increase annual rental rates on both leases to the airport’s prevailing rates for similar premises every three years without a limit on the amount of increase. All other airport leases have a similar escalation provision; however, the escalations are capped at 12% every three years. BACKGROUND (Continued)
On October 1, 2008, City Council updated the prevailing rates which increased Love Field's annual rental rates by an average 45%. On November 1, 2009, Signature’s annual rent for both leases were increased to the airport’s new prevailing rental rates. This resulted in an increase from $2,045,028 to $3,209,648. Rather than being capped at 12% like other similar leases at Love Field, this increase totaled 57%, and coupled with Signature’s 37% reduction in business over the past 3 years and Love Field’s 35% reduction in general aviation activity over the same time period, produced an untenable situation for Signature. Signature has not passed on these increases to its subtenants out of concern the subtenants would choose to vacate the airport. Prior to implementation of the rate increase, Signature objected to the rate increase as excessive. Signature and City staff immediately commenced negotiations to explore ways to diminish the burden on Signature and still produce a benefit to the airport and remain within federal regulations. Throughout the negotiation process Signature continued to pay rent, which included the rate increases, under protest so as not to create a default under the leases.
Signature has agreed to a capital commitment of not less than $7 million over the next ten years in consideration of a rent reduction to the airport’s improved ground rental rate. This item, if approved, will 1) commencing November 1, 2009 and ending October 31, 2010 increase the annual rental revenue by approximately $245,402 (12%) from the pre-November 1, 2009 level of $2,045,028 to $2,290,430, 2) reduce the annual rental revenue commencing November 1, 2010 in the amount of approximately $513,387 from the pre-November 1, 2009 rate of $2,045,028 to approximately $1,531,641 in consideration of the $7 million capital commitment and 3) reimburse Signature’s payments in excess of these amounts in the amount of approximately $1,059,050 through rental credits over the next 12 months. The leases’ rental rate escalations will be converted from the current method of prevailing rates every three years without a cap to the Consumer Price Index every three years with a 12% cap provided; there shall be no rent reduction in the event of a negative CPI.
PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS)
Lease No. 1 Original lease approved on June 10, 1992, by Resolution No. 92-2174. First Amendment approved October 22, 2003, by Resolution No. 03-2872.
Lease No. 2 Original lease approved on June 10, 1992, by Resolution No. 92-2174. First Amendment approvedMay 24, 1995, by Resolution No. 95-1895. Second Amendment approved on December 10, 1997, by Resolution No. 97-3896. (not executed) Inducement Resolution approved on December 10, 1997, by Resolution No. 97-3895. (not executed)
Agenda Date 12/08/2010 - page 2 FISCAL INFORMATION
$1,531,641 - Estimated Annual Revenue
OWNER
Signature Flight Support Corporation, a Delaware Corporation
Stephen W. Lee, President Keith P. Ryan, Vice President Joseph I. Goldstein, Secretary
MAP
See attached.
Agenda Date 12/08/2010 - page 3 DALLAS LOVE FIELD SIGNATURE FLIGHT SUPPORT CORPORATION
Signature Lease No. 1
Signature Lease No. 2
COUNCIL CHAMBER
December 8, 2010
WHEREAS, on November 1, 1993, Ryder Aviall, Inc. (“Aviall”), entered into two leases referenced herein as Lease No. 1 and Lease No. 2 (collectively “Leases”) containing combined total of approximately 54.1 acres of land and improvements, for aviation related purposes at Love Field authorized by the Dallas City Council on June 10, 1992 in Resolution No. 92-2174; and,
WHEREAS, on February 8, 2005 the Leases were assigned to Signature Flight Support Corporation ("Signature"); and,
WHEREAS, the Leases terms run coterminous and include ten-year primary terms plus four ten-year options that, if properly exercised, will extend the Leases to November 1, 2043; and,
WHEREAS, Signature shall immediately exercise its next 10-year option to extend the Leases’ terms to November 1, 2023; and,
WHEREAS, on November 1, 2009, the Leases’ annual rental rates were increased by approximately 57% from $2,045,028 to $3,209,648; and,
WHEREAS, commencing November 1, 2009, the Leases’ annual rental shall increase by approximately $245,402 from the pre-November 1, 2009 level of approximately $2,045,028 to $2,290,430; and,
WHEREAS, commencing November 1, 2010, the Leases’ annual rental shall decrease by approximately $513,387 from the pre-November 1, 2009 rate of $2,045,028 to $1,531,641 based on the airport’s current annual improved ground rental rate of $.65 per square foot; and,
WHEREAS, Signature shall be credited with an overpayment in the amount of approximately $1,059,050 to be returned to Signature in the form of rent credits over the next 12 months totaling approximately $88,254 per month; and,
WHEREAS, Signature commits to expending not less than $7 million in capital improvements on the leased premises within 10 years from November 1, 2009 with the first $2 million commencing not later than December 31, 2013 and completing such $2 million expenditure no later than December 31, 2015 and the remaining $5 million expenditure shall commence not later than December 31, 2018 and be completed no later than December 31, 2019; and,
WHEREAS, the capital commitment of $7 million shall include not less than $5 million in new capital improvements on the leased premises and not more than $2 million upgrading existing facilities; and, COUNCIL CHAMBER
December 8, 2010
WHEREAS, it is in the best interest of the City and Signature to execute a second amendment to Lease No. 1 and a third amendment to Lease No. 2;
Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That the proposed second amendment to Lease No. 1 and the proposed third amendment to Lease No. 2, are hereby approved and the City Manager is authorized to execute, on behalf of the City of Dallas, the second amendment to Lease No. 1 and the proposed third amendment to Lease No. 2 after approval as to form by the City Attorney.
Section 2. That the second amendment to Lease No. 1 and the third amendment to Lease No. 2 evidence, among other things, the following terms and conditions:
1) Signature shall immediately exercise its next 10-year options to extend Lease No. 1 and Lease No. 2 to November 1, 2023.
2) Commencing November 1, 2009, Lease No. 1 and Lease No. 2 combined annual rental shall increase by approximately $245,402 from the pre-November 1, 2009 rate of approximately $2,045,028 to $2,290,430.
3) Commencing November 1, 2010 Lease No. 1 and Lease No. 2 combined annual rental shall decrease by approximately $513,387 from the pre-November 1, 2009 rate of approximately $2,045,028 to $1,531,641 based on the airport’s current annual improved ground rental rate of $.65 per square foot.
4) Commencing November 1, 2012 and adjusted on each successive third year anniversary date thereafter, including any option periods, Lease No. 1 and Lease No. 2 rent shall be adjusted by the aggregate of the Consumer Price Index over the previous three-year period, however, the aggregate escalation for any three-year period shall not exceed twelve percent (12%), provided, the rental shall not be reduced in the event of a negative CPI.
5) Signature shall be credited with an overpayment on both Lease No. 1 and Lease No. 2 in the amount of approximately $1,059,050 to be returned to Signature in the form of rent credits over the next 12 months totaling approximately $88,254 per month for both Lease No. 1 and Lease No. 2. COUNCIL CHAMBER
December 8, 2010
6) Signature commits to expending not less than $7 million in capital improvements on Lease No. 1 and/or Lease No. 2 within approximately 10 years from November 1, 2009; with the first $2 million expenditure commencing not later than December 31, 2013 and completing such $2 million expenditure no later than December 31, 2015 and the remaining $5 million expenditure shall commence not later than November 1, 2018 and be completed no later than December 31, 2019.
7) The $7 million capital commitment shall include an amount not less than $5 million in new capital improvements on Lease No. 1 and/or Lease No. 2 leased premises, including, but not limited to, aircraft hangar(s), office/support buildings and aircraft ramp space and not more than $2 million shall be expended upgrading existing facilities on either Lease No. 1 and/or Lease No. 2 leased premises.
Section 3. That the City Controller be and is hereby authorized to deposit all revenues received under this Lease to: Aviation Operating Fund 0130; Dept. AVI; Unit 7722; Revenue Source 7814.
Section 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved.
Distribution: Dan Weber, Aviation Department, Dallas Love Field Tommy Poole, Aviation Department, Dallas Love Field Brenda Hozak, Aviation Department, Dallas Love Field Bob Sims, City Attorney Office, 7DN
AGENDA ITEM # 3 KEY FOCUS AREA: Make Government More Efficient, Effective and Economical
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): All
DEPARTMENT: Business Development & Procurement Services Aviation
CMO: Jeanne Chipperfield, 670-7804 A. C. Gonzalez, 671-8925
MAPSCO: 34Q ______
SUBJECT
Authorize a three-year service contract for inspection, maintenance and repair of the existing fire alarm system at Dallas Love Field Airport - SimplexGrinnell, LP through the Texas Multiple Award Schedule contract - Not to exceed $187,905 - Financing: Aviation Current Funds (subject to annual appropriations)
BACKGROUND
This service contract will provide three years of inspection, maintenance and repair of the existing fire alarm system at Love Field terminal, concourses and parking garages. In order to provide an acceptable level of safety, the system must be maintained at peak operating condition.
The SimplexGrinnell system uses a software program specifically designed for their equipment, only SimplexGrinnell technicians can use the equipment to test or service the central processing unit and its remote transponders. The system uses solid state technology, and all boards are manufactured exclusively by SimplexGrinnell. All boards required for operation of the system are stocked in the SimplexGrinnell Dallas branch and no other fire alarm service can obtain these parts or are authorized to maintain the equipment.
An exclusive feature of the SimplexGrinnell system is a color monitor-touch screen interface that displays a map/floor plan of the monitored area and allows instant identification of an alarm for ease and speed of dispatching. The SimplexGrinnell fire detection system consists of two front end graphic command center computers which are linked to a network of eleven fire alarm control panels located throughout the Love Field facility. The two control center computers receive all alarms from the approximately 800 smoke, heat and fire sprinkler monitoring devices located in the main terminal, west concourse, east concourse, parking garages, east satellite building and the central utility plant areas. BACKGROUND (Continued)
The State of Texas Multiple Award Schedule conform to the requirements of Texas statutes that are applicable for competitive bids and proposals, in accordance with the Interlocal Cooperation Act, Chapter 791, Texas Government Code. In addition, the State of Texas Multiple Award Schedule receive bids from manufacturers and dealers throughout the United States.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On August 25, 2004, City Council authorized a sixty-month service contract for maintenance of the fire alarm monitoring and control system at Dallas Love Field Airport by Resolution No. 04-2423.
FISCAL INFORMATION
$187,905.00 - Aviation Current Funds (subject to annual appropriations)
ETHNIC COMPOSITION
SimplexGrinnell, LP
White Male 85 White Female 7 Black Male 12 Black Female 2 Hispanic Male 18 Hispanic Female 0 Other Male 2 Other Female 0
BID INFORMATION
Bidder Address Amount of Bid
*SimplexGrinnell, LP 1125 East Collins Blvd. $187,905.00 Richardson, Texas 75081
OWNER
SimplexGrinnell, LP
Robert Chavin, President Michael Brant, Vice President Michele Kirse, Treasurer
Agenda Date 12/08/2010 - page 2 COUNCIL CHAMBER
December 8, 2010
WHEREAS, on August 25, 2004, City Council authorized a sixty-month service contract for maintenance of the fire alarm monitoring and control system at Dallas Love Field Airport by Resolution No. 04-2423;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That the City Manager is authorized to execute a service contract with SimplexGrinnell, LP (047757) through the Texas Multiple Award Schedule contract for inspection, maintenance and repair of the existing fire alarm system at Dallas Love Field for a term of three years in an amount not to exceed $187,905.00, upon approval as to form by the City Attorney. If the service was bid or proposed on an as needed, unit price basis for performance of specified tasks, payment to SimplexGrinnell shall be based only on the amount of the services directed to be performed by the City and properly performed by SimplexGrinnell under the contract.
Section 2. That the City Controller is authorized to disburse funds from the following appropriation in an amount not to exceed $187,905.00 (subject to annual appropriations):
Fund Dept Unit Object 0130 AVI 7725 3210
Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved.
AGENDA ITEM # 4 KEY FOCUS AREA: Public Safety Improvements and Crime Reduction
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): N/A
DEPARTMENT: Business Development & Procurement Services Police
CMO: Jeanne Chipperfield, 670-7804 Ryan S. Evans, 670-3314
MAPSCO: 45U ______
SUBJECT
Authorize the purchase of audio and visual equipment to replace the video wall system in the Fusion Center at Jack Evans Police Headquarters - Audio Fidelity Communication Corp. dba The Whitlock Group, through the Department of Information Resources, State of Texas Cooperative Contract - Not to exceed $311,495 - Financing: U. S. Department of Homeland Security Grant Funds
BACKGROUND
This purchase will provide audio and visual equipment to replace the video wall system in the Fusion Center at Jack Evans Police Headquarters. The replacement of this video wall will enhance the existing technology of the Fusion Center to allow the Police Department to operate more effectively and efficiently. The Fusion Center has proven to be a very productive tool for the Police Department by serving as the sole collection, analysis, and dissemination point of criminal intelligence and criminal activities, by sharing information throughout the Police Department as well as other agencies and the Federal government. This center is also used as an “Operations Center” in major police situations such as terrorist acts or hostage situations or large scale events such as the Super Bowl where the command and control of multiple officers is critical.
Video Wall allows for high resolution display of multiple images simultaneously of information and intelligence used to solving crimes and to monitor events in a real time environment. Some of the display capabilities of the video wall are:
z real time camera feeds from downtown and undercover sites z crime incidents maps z real time tracking of Police and undercover vehicles on maps z news feeds from across the nation z display information of Fusion Center individual computers z images and maps related to locating lost or kidnapped individuals BACKGROUND (Continued)
The existing video wall was installed in 2003, it is therefore seven years old and parts are no longer supported. This replacement will ensure the Fusion Center ability to perform at maximum effectiveness and remain compatible with other state, local and federal agencies.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
This item has no prior action.
FISCAL INFORMATION
$311,495.00 - U. S. Department of Homeland Security Grant Funds
OWNER
Audio Fidelity Communication Corp. dba The Whitlock Group
Doug Hall, Chief Executive Officer Roger Patrick, Chief Operations Officer Mark Baker, Chief Financial Officer
Agenda Date 12/08/2010 - page 2 COUNCIL CHAMBER
December 8, 2010 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That the purchase of audio and visual equipment to replace the video wall system in the Fusion Center at Jack Evans Police Headquarters is authorized with Audio Fidelity Communication Corp. dba The Whitlock Group through the Department of Information Resources, State of Texas Cooperative Contract (502028) in an amount not to exceed $311,495.00.
Section 2. That the Purchasing Agent is authorized, upon appropriate requisition, to issue a purchase order for audio and visual equipment to replace the video wall system in the Fusion Center at Jack Evans Police Headquarters. If a formal contract is required for this purchase instead of a purchase order, the City Manager is authorized to execute the contract upon approval as to form by the City Attorney.
Section 3. That the City Controller is authorized to disburse funds from the following appropriations, in an amount not to exceed $311,495.00:
FUND DEPT UNIT OBJ AMOUNT ENCUMBRANCE F229 CMO 1091 4780 $311,495.00 PODPD00000092909
Section 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved.
AGENDA ITEM # 5 KEY FOCUS AREA: Make Government More Efficient, Effective and Economical
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): N/A
DEPARTMENT: City Attorney's Office Water Utilities
CMO: Thomas P. Perkins, Jr., 670-3491 Ryan S. Evans, 670-3314
MAPSCO: N/A ______
SUBJECT
Authorize settlement of the lawsuit styled Julie Anne London v. The City of Dallas, Cause No. 10-00794-D - Not to exceed $12,000 - Financing: Current Funds
BACKGROUND
Plaintiff Julie Anne London filed a lawsuit against the City seeking compensation for alleged bodily injuries sustained in an automobile accident on July 16, 2008, involving a Water Utilities Department vehicle. Plaintiff is represented by Best, Watson & Gilbert.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Council is scheduled to be briefed in Closed Session on November 17, 2010.
FISCAL INFORMATION
Funding for this item is budgeted in the current fiscal year.
$12,000 - Current Funds
COUNCIL CHAMBER
December 8, 2010
WHEREAS, a lawsuit styled Julie Anne London v. The City of Dallas, Cause No. 10-00794-D, was filed by Plaintiff seeking compensation from the City of Dallas for alleged bodily injuries sustained in an automobile accident on July 16, 2008, involving a Water Utilities Department vehicle; and
WHEREAS, Plaintiff, Julie Anne London, through her attorney, Best, Watson & Gilbert, have agreed to settle this lawsuit for the amount of $12,000; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That the settlement of the lawsuit styled Julie Anne London v. The City of Dallas, Cause No. 10-00794-D, in an amount not to exceed $12,000 is hereby approved.
SECTION 2. That the City Controller is authorized to pay to Julie Anne London and her attorneys, Best, Watson & Gilbert, the amount of $12,000 from Fund 0192, Department ORM, Unit 3890, Obj. 3521, Vendor CTATT001.
SECTION 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
AGENDA ITEM # 6 KEY FOCUS AREA: Make Government More Efficient, Effective and Economical
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): N/A
DEPARTMENT: City Attorney's Office Code Compliance
CMO: Thomas P. Perkins, Jr., 670-3491 Forest E. Turner, 670-3390
MAPSCO: N/A ______
SUBJECT
Authorize settlement of the lawsuit styled Braulio Xolio v. City of Dallas, Cause No. 10-01780-C - Not to exceed $13,000 - Financing: Current Funds
BACKGROUND
Plaintiff Braulio Xolio filed a lawsuit against the City seeking compensation for alleged bodily injuries sustained when he was struck by a Code Compliance vehicle on August 6, 2008. Plaintiff is represented by John R. Salazar, P.C.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Council is scheduled to be briefed in Closed Session on November 17, 2010.
FISCAL INFORMATION
Funding for this item is budgeted in the current fiscal year.
$13,000 - Current Funds
COUNCIL CHAMBER
December 8, 2010
WHEREAS, a lawsuit styled Braulio Xolio v. City of Dallas, Cause No. 10-01780-C, was filed by Plaintiff seeking compensation from the City of Dallas for alleged bodily injuries sustained when he was struck by a Code Compliance vehicle on August 6, 2008; and
WHEREAS, Plaintiff, Braulio Xolio, through his attorney, John R. Salazar, P.C., has agreed to settle this lawsuit for the amount of $13,000; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That the settlement of the lawsuit styled Braulio Xolio v. City of Dallas, Cause No. 10-01780-C, in an amount not to exceed $13,000 is hereby approved.
SECTION 2. That the City Controller is authorized to pay to Braulio Xolio and his attorney, John R. Salazar, P.C., the amount of $13,000 from Fund 0192, Department ORM, Unit 3890, Obj. 3521, Vendor CTATT001.
SECTION 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
AGENDA ITEM # 7 KEY FOCUS AREA: Make Government More Efficient, Effective and Economical
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): N/A
DEPARTMENT: City Attorney's Office Police
CMO: Thomas P. Perkins, Jr., 670-3491 Ryan S. Evans, 670-3314
MAPSCO: N/A ______
SUBJECT
Authorize settlement of the lawsuit styled Claudette Drake, Individually and as Next Friend of Sashambry Hollins, a minor v. City of Dallas, Cause No. 10-03831-B - Not to exceed $21,500 - Financing: Current Funds
BACKGROUND
Plaintiff Claudette Drake filed a lawsuit individually and as next friend of Sashambry Hollins, a minor, against the City seeking compensation for alleged bodily injuries sustained in an automobile accident on November 24, 2008, involving a Police Department vehicle. Plaintiff is represented by Best, Watson & Gilbert, P.C.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Council is scheduled to be briefed in Closed Session on November 17, 2010.
FISCAL INFORMATION
Funding for this item is budgeted in the current fiscal year.
$21,500 - Current Funds
COUNCIL CHAMBER
December 8, 2010
WHEREAS, a lawsuit styled Claudette Drake, Individually and as Next Friend of Sashambry Hollins, a minor v. City of Dallas, Cause No. 10-03831-B, was filed by Plaintiff seeking compensation from the City of Dallas for alleged bodily injuries sustained in an automobile accident on November 24, 2008, involving a Police Department vehicle; and
WHEREAS, Plaintiff, Claudette Drake, through her attorney, Best, Watson & Gilbert, P.C., has agreed to settle this lawsuit for the amount of $21,500; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That the settlement of the lawsuit styled Claudette Drake, Individually and as Next Friend of Sashambry Hollins, a minor v. City of Dallas, Cause No. 10-03831-B, in an amount not to exceed $21,500 is hereby approved.
SECTION 2. That the City Controller is authorized to pay to Claudette Drake and her attorneys, Best, Watson & Gilbert, P.C., the amount of $15,000 from Fund 0192, Department ORM, Unit 3890, Obj. 3521, Vendor CTATT001.
SECTION 3. That the City Controller is authorized to pay to Sashambry Hollins and her attorneys, Best, Watson & Gilbert, P.C., the amount of $6,500 from Fund 0192, Department ORM, Unit 3890, Obj. 3521, Vendor CTATT001.
SECTION 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
AGENDA ITEM # 8 KEY FOCUS AREA: Make Government More Efficient, Effective and Economical
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): N/A
DEPARTMENT: City Attorney's Office
CMO: Thomas P. Perkins, Jr., 670-3491
MAPSCO: N/A ______
SUBJECT
Authorize payment of annual software maintenance in support of the CityLaw performance-based tracking system from Cycom Data Systems, Inc., for the period November 1, 2010 through October 31, 2011 - Not to exceed $51,745 - Financing: Current Funds (subject to appropriations)
BACKGROUND
The CityLaw Law Office Management System is the information management software used by the City Attorney's Office. The system's functional capabilities include: z Stores pleadings and other documents, emails, contracts, letters, memos, ordinances, and resolutions for cases and assignments. z Tracks lawsuits and claims from filing to disposition. z Records basic case information, case status, parties, witnesses, financial information and opposing attorneys. z Produces case calendars, dockets, case logs, and master staff calendars. z Captures and tracks costs for outside counsel, experts, departmental staff, general expenses, settlements, and awards. z Identifies and locates files, documents, and attorney work product. z Allows management to generate reports regarding lawsuits, claims, assignments, workloads, timekeeping and expenditures.
On September 27, 2006, by Resolution No. 06-2588, the City Council authorized the purchase of software licenses, training and professional support services for the CityLaw Law Office Management System and performance-based tracking for municipal law offices, from Cycom Data Systems, Inc., in an amount not to exceed $259,800. The purchase and maintenance agreement provides maintenance and support of the CityLaw system, including periodic software upgrades and remote assistance and support, upon payment of an annual fee. BACKGROUND (Continued)
On January 9, 2008, by Resolution No. 08-0131, the City Council authorized payment of the annual maintenance and support fee for the CityLaw system to Cycom Data Systems, Inc., in an amount not to exceed $45,468 for additional maintenance and support services for a 12-month period beginning November 1, 2007 through October 31, 2008, increasing the amount of the agreement from $259,800 to $305,268.
On February 12, 2009, pursuant to Administrative Action No. 09-0369, the City authorized funding for maintenance and support of the CityLaw system, in an amount not to exceed $23,467.50 for services for a six-month period beginning November 1, 2008 through April 30, 2009, increasing the amount of the agreement, as supplemented, from $305,268 to $328,735.50.
On August 12, 2009, by Resolution No. 09-1893, the City Council authorized Supplemental Agreement No. 1 to the CityLaw Law Office Management System purchase and maintenance agreement with Cycom Data System, Inc., in an amount not to exceed $72,748.50, which authorized additional maintenance and support of the CityLaw system, including periodic upgrades and remote assistance and support, at a negotiated reduced rate through October 31, 2010, increasing the amount of the agreement, as supplemented, from $328,735.50 to $401,484.00.
Cycom Data Systems, Inc. is the only vendor authorized to provide maintenance support for the CityLaw system.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
Authorized the purchase of software licenses, training and professional support services for the CityLaw case management system and performance-based tracking system for municipal law offices from Cycom Data Systems, Inc. in an amount not to exceed $259,800, on September 27, 2006, by Resolution No. 06-2588.
Authorized payment of the annual maintenance and support fee for the CityLaw system to Cycom Data Systems, Inc., in the amount of $45,468, for the period beginning November 1, 2007 through October 31, 2008, on January 9, 2008, by Resolution No. 08-0131.
FISCAL INFORMATION
$51,745 - Current Funds (subject to appropriations)
Agenda Date 12/08/2010 - page 2 COUNCIL CHAMBER
December 8, 2010
WHEREAS, on September 27, 2006, pursuant to Resolution No. 06-2588, the City Council authorized the purchase of software licenses, training and professional support services for the CityLaw Law Office Management system and performance-based tracking system for municipal law offices from Cycom Data Systems, Inc., through the Texas Building and Procurement Commission for the Catalog Information Systems Vendor cooperative purchasing program in an amount not to exceed $259,800; and
WHEREAS, on January 9, 2008, pursuant to Resolution No. 08-0131, the City Council authorized payment of the annual maintenance and support fee for the CityLaw system to Cycom Data Systems, Inc., for services for the period November 1, 2007 through October 31, 2008, in an amount not to exceed $45,468 increasing the amount of the agreement from $259,800 to $305,268; and
WHEREAS, on February 12, 2009, pursuant to Administrative Action No. 09-0369, the City authorized funding for the maintenance and support of the CityLaw system, in an amount not exceed $23,467.50 for services for a six-month period beginning November 1, 2008 through April 30, 2009 increasing the amount of the agreement, as supplemented, from $305,268 to $328,735.50; and
WHEREAS, on August 12, 2009, pursuant to Resolution No. 09-1893, the City Council authorized Supplemental Agreement No. 1 to the CityLaw Law Office Management System purchase and maintenance agreement with Cycom Data System, Inc., in an amount not to exceed $72,748.50, which authorized additional maintenance and support of the CityLaw system including periodic upgrades and remote assistance and support, at a negotiated reduced rate through October 31, 2010, increasing the amount of the agreement, as supplemented, from $328,735.50 to $401,484.00.
WHEREAS, the purchase and maintenance agreement provides that Cycom Data Systems, Inc., will provide maintenance and support of the CityLaw system, including periodic software upgrades and remote assistance and support, upon payment of an annual fee by the City; and
WHEREAS, additional maintenance and support of the CityLaw system is necessary and city staff has negotiated a reduced rate for this service with Cycom Data Systems, Inc.; Now, Therefore, COUNCIL CHAMBER
December 8, 2010
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That, the City Manager is hereby authorized to pay the annual maintenance and support fee for the CityLaw performance-based tracking system to Cycom Data Systems, Inc., in an amount not to exceed $51,745.
SECTION 2. That the City Controller is authorized to disburse, in periodic payments to Cycom Data Systems, Inc., an amount not to exceed $51,745, from Fund 0001, Department ATT, Unit 1308, Obj. 3070, Encumbrance No. ATT389011B168, Vendor No. VS0000011684, (subject to appropriations).
SECTION 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. AGENDA ITEM # 9 KEY FOCUS AREA: Make Government More Efficient, Effective and Economical
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): N/A
DEPARTMENT: City Attorney's Office
CMO: Chris Bowers, 670-3035
MAPSCO: N/A ______
SUBJECT
Authorize Supplemental Agreement No. 1 to the professional services contract with The Lawton Law Firm, P.C., for additional expert services related to the request by Atmos Pipeline - Texas (Atmos), a division of Atmos Energy Corporation, to increase its city gate service (CGS) and pipeline transportation (PT) rates filed September 17, 2010 with the Railroad Commission of Texas - Not to exceed $49,000, from $25,000 to $74,000 - Financing: Current Funds (the full amount is reimbursable by Atmos subject to approval by the Railroad Commission of Texas)
BACKGROUND
On September 17, 2010, Atmos filed a request to increase its city gate service and its pipeline transportation rates with the Railroad Commission. The case has been assigned Gas Utility Docket (GUD) No. 10000. Atmos provided the City with a copy of that filing concurrent with its filing at the Railroad Commission. The City Attorney's Office and staff have reviewed Atmos' request and associated schedules and determined that it is necessary to retain outside consultants with expertise in gas rate issues to assist in reviewing Atmos' request.
The Lawton Law Firm has expertise in gas rate matters and has assisted the City with gas-related issues before the Railroad Commission in the past. In addition, the City's outside counsel recommended that the firm be retained.
The City’s participation in this proceeding ensures that the City and its citizens will be fairly represented at the Railroad Commission and that the resulting rates will be fair and reasonable. This will require The Lawton Law Firm to continue to review and analyze Atmos' request, prepare testimony, and attend hearings and depositions. BACKGROUND (Continued)
On November 2, 2010, pursuant to Administrative Action No. 10-2716, the City entered into a professional services contract with The Lawton Law Firm, P.C. in an amount not to exceed $25,000 for expert services necessary in matters related to the request by Atmos to increase its city gate service (CGS) and pipeline transportation (PT) rates filed September 17, 2010 with the Railroad Commission.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
This item has no prior action.
FISCAL INFORMATION
$49,000 - Current Funds (the full amount is reimbursable by Atmos subject to approval by the Railroad Commission)
M/WBE INFORMATION
The recommended awardee has fulfilled the good faith requirements set forth in the Business Inclusion and Development (BID) Plan adopted by Council Resolution No. 08-2826, as amended.
ETHNIC COMPOSITION
The Lawton Law Firm, P.C.
White Male 2 White Female 0 African-American Male 0 African-American Female 0 Hispanic Male 0 Hispanic Female 0 Other Male 0 Other Female 0
OWNER
The Lawton Law Firm, P.C.
Daniel J. Lawton, Owner
Agenda Date 12/08/2010 - page 2 BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY
PROJECT: Authorize Supplemental Agreement No. 1 to the professional services contract with The Lawton Law Firm, P.C., for additional expert services related to the request by Atmos Pipeline - Texas (Atmos), a division of Atmos Energy Corporation, to increase its city gate service (CGS) and pipeline transportation (PT) rates filed September 17, 2010 with the Railroad Commission of Texas - Not to exceed $49,000, from $25,000 to $74,000 - Financing: Current Funds (the full amount is reimbursable by Atmos subject to approval by the Railroad Commission of Texas)
The Lawton Law Firm, P.C. is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use their own workforce.
PROJECT CATEGORY: Professional Services ______
LOCAL/NON-LOCAL CONTRACT SUMMARY - THIS ACTION ONLY Amount Percent Local contracts $0.00 0.00% Non-local contracts $49,000.00 100.00% ------TOTAL THIS ACTION $49,000.00 100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION THIS ACTION
Local Contractors / Sub-Contractors
None
Non-Local Contractors / Sub-Contractors
None
TOTAL M/WBE PARTICIPATION This Action Participation to Date Amount Percent Amount Percent African American $0.00 0.00% $0.00 0.00% Hispanic American $0.00 0.00% $0.00 0.00% Asian American $0.00 0.00% $0.00 0.00% Native American $0.00 0.00% $0.00 0.00% WBE $0.00 0.00% $0.00 0.00% ------Total $0.00 0.00% $0.00 0.00%
COUNCIL CHAMBER
December 8, 2010
WHEREAS, on September 17, 2010, Atmos Pipeline – Texas (Atmos), a division of Atmos Energy Corporation filed with the Railroad Commission of Texas a request to increase its city gate service (CGS) and pipeline transportation (PT) rates; and
WHEREAS, the case has been docketed by the Commission as Gas Utility Docket (GUD) No. 10000; and
WHEREAS, on November 2, 2010, pursuant to Administrative Action No. 10-2716, the City entered into a professional services contract with The Lawton Law Firm, P.C., for expert services in matters related to Atmos' request in the amount of $25,000; and
WHEREAS, the City requires outside assistance in reviewing Atmos' request to ensure that the City and its citizens are charged fair and reasonable rates by Atmos; and
WHEREAS, The Lawton Law Firm, P.C. has expertise in this area and has assisted the city in a gas rate review in the past; and
WHEREAS, the expert services of The Lawton Law Firm, P.C. continue to be necessary for representation of the City in this matter; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That, following approval as to form by the City Attorney, the City Manager is hereby authorized to enter into a professional services contract with The Lawton Law Firm, P.C., for expert services necessary in matters related to Atmos' request, in an amount not to exceed $49,000, increasing the original contract amount, as supplemented, from $25,000 to $74,000.
SECTION 2. That the City Controller is authorized to disburse, in periodic payments to The Lawton Law Firm, P.C., an amount not to exceed $49,000 from Fund 0192, Department ORM, Unit 3890, Obj. 3070, Encumbrance No. ATT389011A163, Vendor No. VS0000059296.
SECTION 3. That the City Controller is authorized to deposit reimbursements received from Atmos to Fund 0192, Department ORM, Unit 3890, Revenue Source Code 8524.
SECTION 4.That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
AGENDA ITEM # 10 KEY FOCUS AREA: Economic Vibrancy
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): Outside City Limits
DEPARTMENT: Office of Economic Development Office of Management Services
CMO: A. C. Gonzalez, 671-8925 Jeanne Chipperfield, 670-7804
MAPSCO: N/A ______
SUBJECT
Authorize the City Manager to enter into an Interlocal Agreement with the Dallas/Fort Worth International Airport Board and the cities of Euless and Fort Worth to share revenue derived from the Euless municipal hotel occupancy tax collected from hotels located at Dallas/Fort Worth International Airport - Financing: No cost consideration to the City
BACKGROUND
The City Council is asked to authorize an Interlocal Agreement concerning the use of municipal hotel occupancy taxes (HOT) at Dallas/Fort Worth International Airport (DFW Airport). Pursuant to the proposed Agreement, the City of Euless will share a portion of the HOT revenue collected from potential hotels located within Euless on DFW Airport to encourage new commercial development on the property. The Agreement provides for 2/3rds of the HOT revenue received by Euless to be shared with the cities of Dallas and Fort Worth. The Cities of Dallas and Fort Worth will apportion the increased HOT revenue according to proportional ownership of the Airport (7/11ths to Dallas, 4/11ths to Fort Worth).
The City of Dallas previously entered into an Interlocal Agreement with the Cities of Euless and Fort Worth and the Dallas/Fort Worth International Airport (DFW) Board pursuant to City of Dallas Resolution No. 98-0518, approved on February 11, 1998. Pursuant to the agreement, the City of Euless shares two-thirds of its increased revenues within DFW Airport boundaries with the Cities of Dallas and Fort Worth. The existing Interlocal Agreement does not include HOT revenue. Rather, "increased revenues" represent an amount equal to certain ad valorem taxes, sales and use taxes, utility franchise fees, municipal court revenues, mixed beverages taxes and all other general revenue tax levies (except those dedicated for specific purposes or otherwise excluded) attributable to property within the City of Euless and DFW Airport boundaries in excess of the revenues collected in the base year of 1996. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On December 6, 2010, a memo was submitted to the Economic Development Committee regarding the proposed Interlocal Agreement with the Dallas/Fort Worth International Airport Board and the cities of Euless and Fort Worth.
FISCAL INFORMATION
No cost consideration to the City
Agenda Date 12/08/2010 - page 2 COUNCIL CHAMBER
December 8, 2010
WHEREAS, the City of Euless receives benefits from having a portion of its city limits located within the Dallas/Fort Worth International Airport boundaries; and
WHEREAS, the Dallas/Fort Worth International Airport Board and the Cities of Dallas and Fort Worth are interested in generating revenue sharing between the owner cities and the City of Euless; and
WHEREAS, the Dallas/Fort Worth International Airport Board, a joint board of the Cities of Dallas, Texas and Fort Worth, Texas, the City of Dallas, Texas, the City of Forth Worth, Texas and the City of Euless, Texas desire to enter into an interlocal agreement for the sharing of Hotel Occupancy Taxes collected from hotels at Dallas/Fort Worth International Airport:
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That the City Manager upon approval as to form by the City Attorney, is hereby authorized to enter into an Interlocal Agreement with the Dallas/Fort Worth International Airport Board and the cities of Euless and Fort Worth to share revenue derived from the Euless municipal hotel occupancy tax collected from hotels located at Dallas/Fort Worth International Airport, in substantially the form as attached hereto as Exhibit A.
Section 2. That the City Controller is hereby authorized to receive and deposit revenues from this agreement in the General Fund: Fund 001, Department BMS, Unit 1991, Revenue Source 6520.
Section 3. That this resolution shall take effect immediately after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved.
Distribution: Office of Economic Development, Tenna Kirk, 5CS Office of Economic Development, Sajid Safdar, 2CN Office of Economic Development, Hammond Perot, 5CS City Attorney’s Office, Sarah Hasib INTERLOCAL AGREEMENT FOR THE SHARING OF MUNICIPAL HOTEL OCCUPANCY TAXES
STATE OF TEXAS § COUNTIES OF DALLAS AND TARRANT §
WHEREAS, the Dallas / Fort Worth International Airport Board, a joint board of the Cities of Dallas, Texas and Fort Worth, Texas (hereinafter “the Board”), the City of Dallas, Texas (hereinafter “Dallas”), the City of Fort Worth, Texas (hereinafter “Fort Worth”) and the City of Euless, Texas (hereinafter “Euless”) desire to enter into an interlocal agreement for the sharing of municipal hotel occupancy taxes generated from that portion of Euless located within the geographical boundaries of the Dallas / Fort Worth International Airport (hereinafter “the Property”);
WHEREAS, Euless desires to encourage hotel development within the Property; and
WHEREAS, in exchange for the Board, Dallas and Fort Worth encouraging and giving consideration to the development of future hotels to be located on the Property, Euless is willing to share a portion of its municipal hotel occupancy taxes with Dallas and Fort Worth;
NOW, THEREFORE, for and in consideration of the mutual consideration, terms, and provisions contained herein, Dallas, Fort Worth, Euless and the Board hereby enter into this Interlocal Agreement (“this Agreement”) as follows:
1. The Board hereby agrees to encourage hotel development opportunities within the Property that are feasible and consistent with the development policies of the Board, consistent with the Board’s legislative authority and subject to that certain Contract and Agreement between the City of Dallas, Texas and the City of Fort Worth, Texas dated and effective as of April 15, 1968 (continuing, expanding and further defining the powers and duties of the Dallas- Fort Worth Regional Airport Board, creating the Joint Airport Fund of the Cities and providing for the construction and operation of the Dallas-Fort Worth Regional Airport). This Agreement is authorized and governed by Section 22.0781 of the Texas Transportation Code.
2. For each year of this Agreement, Euless agrees to share Euless Municipal Hotel Occupancy Taxes (“EMHOT”), as currently authorized by Chapter 351 of the Texas Tax Code, or as may be authorized by any successor law, that are collected, credited to and/or received by Euless from any hotel or motel type facility within the Property in any calendar year, in the following percentages: one-third (1/3) to Euless and the remaining two-thirds (2/3) shall be shared by Dallas and Fort Worth in proportion to their respective ownership interest in the D/FW Airport.
3. Euless agrees that no tax abatement agreement, any other incentive plan or any other written agreement, including, but not limited to, a pledge of EMHOT for payment of any type of debt service, will be created regarding EMHOT with respect to all or any portion of the Property which would impact any revenues due Dallas and/or Fort Worth hereunder, unless all parties
1 agree in writing in advance to such a plan, as evidenced by duly adopted resolutions of the governing bodies of the parties hereto. If Euless grants, enters into, or authorizes any economic development program grant pursuant to Chapter 380 of the Texas Local Government Code with respect to all or any portion of the Property or any person, corporation, or entity using or occupying all or any portion of the Property and the amount of any such grant is based, in whole or in part, on the receipt of EMHOT, Dallas and Fort Worth will still nevertheless remain entitled to receive their shares of EMHOT in accordance with this Agreement unless all parties agree in writing in advance of Euless’s authorization of the grant to exempt such EMHOT from that obligation, as evidenced by duly adopted resolutions of the governing bodies hereto. Euless also agrees to levy and take all necessary action to collect all EMHOT which would be applicable against all properties, persons, individuals and corporations affected by this Agreement. The Board agrees to contractually require any hotel tenant or operator to pay all EMHOT.
4. This Agreement shall not be construed as affecting any revenues of Euless other than EMHOT, and shall not be construed as affecting any EMHOT generated outside the Property.
5. Nothing in this Agreement shall be construed as altering, changing or amending the tax status or exemptions for publicly owned property or any type of public entity. Nothing in this Agreement shall be construed as determining whether a hotel or motel type facility within the Property will be developed by a public entity as owner, by ground lease with a public entity as either landlord or tenant, or by any other particular means.
6. All parties agree to provide a vigorous defense of this Agreement in the event of litigation or threatened litigation. The cost of such defense shall be apportioned based on the percentages specified in Section 2 hereof. In the event of any adverse judicial decision or any other reason the anticipated sharing of EMHOT is not allowed, the parties agree to use their best efforts and cooperate with each other to enter into alternative arrangements to share revenues as contemplated herein.
7. The amount of EMHOT generated within the Property shall be verified by the independent auditor of Euless with the cost of such verification being apportioned based on the percentages specified in Section 2 of this Agreement. Dallas and Fort Worth, or their designated representatives, shall be entitled, no more frequently than annually, to audit Euless’ records of EMHOT generated within the Property. Euless agrees to pay Dallas and Fort Worth their respective shares of EMHOT generated within the Property and attributable to each calendar year by March 31st of the following calendar year, unless otherwise agreed in writing signed by all parties hereto.
8. This Agreement shall be governed by the laws of the State of Texas and the applicable laws of the United States of America, and venue on any suit brought hereunder shall lie exclusively in Dallas County or Tarrant County, Texas.
9. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and in lieu of each provision of this Agreement that is illegal, invalid, or unenforceable, there shall be added a new provision to this
2 Agreement as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and yet be legal, valid and enforceable, by means of good faith negotiation by the parties to this Agreement.
10. This Agreement shall be perpetual and may be terminated only by the mutual written agreement of all the parties hereto.
11. This Agreement shall become effective between the parties hereto on the day of its approval by all of the City Councils of Dallas, Fort Worth and Euless and by the Board, together with execution by the duly authorized official(s) of each such party as expressed in the approving resolution or order of the governing body of each such party.
12. This Agreement may be amended or modified by the mutual agreement of all the parties hereto, in writing, to be attached to and incorporated into this Agreement.
13. This Agreement contains all commitments and agreements of all the parties, and oral or written commitments not contained herein shall have no force or effect to alter any term or condition of this Agreement.
14. In the event that the Board, Dallas and Fort Worth enter into a future agreement with another municipality located within the geographical boundaries of the DFW Airport as it now exists and/or it may be changed for the sharing of municipal hotel occupancy taxes, and that agreement provides that such municipality shall retain a larger percentage of municipal hotel occupancy taxes than that retained by Euless pursuant to this Agreement, then in such event this Agreement shall be amended effective as of the date of such future agreement to provide for Euless’s retention of the same percentage of future EMHOT generated within the Property. Euless acknowledges that the current lack of sharing of municipal hotel occupancy taxes from other municipalities with taxing authority on the DFW Airport does not violate this section of the Agreement or otherwise constitute a basis for Euless to void the EMHOT sharing obligation created by this Agreement; provided, however, that Board hereby commits not to build new hotels or lease ground for new hotels within Irving, Coppell, or Grapevine unless the municipality agrees to share municipal hotel occupancy taxes in the same proportions as agreed in this Agreement.
EXECUTED on the dates set forth below:
THE CITY OF EULESS, TEXAS
By: Approved as to form: Gary McKamie, City Manager Date: Euless City Attorney
3
THE CITY OF DALLAS, TEXAS Mary K. Suhm, City Manager Approved as to form: Thomas P. Perkins, Jr.,City Attorney
By: By: Assistant City Manager Assistant City Attorney
Date:
THE CITY OF FORT WORTH, TEXAS
By: Approved as to form: Tom Higgins, Assistant City Manager Date: Fort Worth Assistant City Attorney
DALLAS / FORT WORTH INTERNATIONAL AIRPORT BOARD
By: Approved as to form: Jeffrey P. Fegan, Chief Executive Officer Date: DFW Airport General Counsel
4
AGENDA ITEM # 11 KEY FOCUS AREA: A Cleaner, Healthier City Environment
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): All
DEPARTMENT: Housing/Community Services
CMO: A. C. Gonzalez, 671-8925
MAPSCO: N/A ______
SUBJECT
Authorize modifications to the Permanent Supportive Housing (PSH) Program Statement to: (1) remove references to a goal to create an exact number of PSH units; (2) provide for City consideration of assistance for PSH units when existing units have been absorbed and services for existing units are stabilized; (3) encourage developers and applicants to brief key neighborhood and community groups; (4) provide for staff to notify the City Council when staff receives PSH project proposals seeking City assistance; and (5) provide maximum level of funding per PSH unit and a minimum percentage of PSH units required for multifamily projects for developers willing to provide PSH units and seeking assistance from City programs - Financing: No cost consideration to the City
BACKGROUND
The development of Permanent Supportive Housing and the support services that are required for the low-income tenants continue to be a priority for the Metro Dallas Homeless Alliance (MDHA), the Corporation for Supportive Housing and the City of Dallas. To that end, Permanent Support Housing (PSH) Steering Committee, and Housing Department/Community Services staff developed a strategy to address our community needs and the provision of housing and services to chronically homeless individuals.
Through a series of meetings the PSH Committee has developed a 5-year plan with the goal of increasing the number of PSH units in the City of Dallas by 700 by year 2014 and has outlined potential costs to the City based upon project models.
On August 18, 2008, the Housing Committee recommended the approval of the PSH Program Statement and the 5-year plan. The Program Statement to implement the 5-year plan incorporated polices and procedures for financing, determination of eligibility and the development of 700 PSH units. The City Council approved the Program Statement on January 28, 2009. BACKGROUND (continued)
On September 7, 2010 the Housing Committee was briefed that the 700 PSH unit goals identified in 2009 for 2014 may soon be met if all of the current pipeline units are placed into service over the next year. The Committee also heard that 600 or more units could be coming on line in the next year and could stretch the capabilities of the service providers.
This agenda item will authorize modifications to the PSH Program Statement as shown on the attached Attachment A and Exhibit A. The modified PSH Program Statement will remove references to PSH unit creation goals and provide for City consideration of assistance for PSH units when existing units have been absorbed into their communities and services for existing units are stabilized. The modifications will encourage developers to obtain support of key neighborhood and community groups and provide for staff to notify the City Council when staff receives PSH project proposals seeking City assistance. The modified program statement will also provide a maximum level for funding per PSH unit and a minimum percentage of PSH units required for multifamily projects where developers willing to provide PSH units, are seeking City assistance.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On August 18, 2008, the Housing Committee was briefed on the Permanent PSH Statement and 5-year Plan.
On September 8, 2008, the Quality of Life Committee was briefed on the PSH Program Statement and 5-year Plan.
On January 5, 2009, the Housing Committee was briefed on the PSH Program Statement and 5-year Plan.
On January 28, 2009 the City Council authorized approval of a PSH Program Statement and 5-year plan endorsing city-wide implementation for the creation of 700 PSH units for chronically homeless individuals and use of federal grants, general obligation bonds and certificates of obligation subject to future Council approval, to fund project gap requirements to the extent permissible from each funding source.
On September 7, 2010 the Housing Committee was briefed on the status of current PSH units, the status of the 700 PSH unit goal, on PSH unit production in comparison to the goal and on recommendations to determine the need for PSH units in 2011.
On October 4, 2010 the Housing Committee was given a PSH update by the Metro Dallas Homeless Alliance and the Dallas Housing Authority.
Agenda Date 12/08/2010 - page 2 FISCAL INFORMATION
No cost consideration to the City.
Agenda Date 12/08/2010 - page 3
COUNCIL CHAMBER
December 8, 2010
WHEREAS, the development of Permanent Supportive Housing (PSH) and the support services continues to be a high priority for the City of Dallas; and
WHEREAS, on November 7, 2006, the voters of Dallas approved a $1.35 Billion General Obligation Bond Program (GOB) of which $41,495,000 was set-aside for the purpose, among others, of providing funds for promoting economic development in the Southern Sector area of the City; and
WHEREAS, the PSH committee composed of Metro Dallas Homeless Alliance (MDHA), Corporation for Supportive Housing and the City of Dallas representatives have developed a 5-year plan with the goal of increasing the number of PSH units in the City of Dallas by 700 by 2014 and outlined potential costs to the City based upon project models; and
WHEREAS, on August 18, 2008, the Housing Committee was briefed on the Permanent Supportive Housing Program five year plan; and
WHEREAS, on January 5, 2009, the Housing Committee was briefed on the PSH Program Statement and 5-year Plan; and
WHEREAS, on January 28, 2009, the City Council authorized approval of a PSH Program Statement and 5-year plan endorsing city-wide implementation for the creation of 700 PSH units for chronically homeless individuals and use of federal grants, general obligation bonds and certificates of obligation subject to future Council approval, to fund project gap requirements to the extent permissible from each funding source by Resolution No. 09-0344; and
WHEREAS, on September 7, 2010, the Housing Committee was briefed on the status of current PSH units, the status of the 700 PSH unit goal, on PSH unit production in comparison to the goal and on recommendations to determine the need for PSH units in 2011; and
WHEREAS, On October 4, 2010, the Housing Committee was given a PSH update by the Metro Dallas Homeless Alliance and the Dallas Housing Authority; and COUNCIL CHAMBER
December 8, 2010
WHEREAS, the 700 PSH unit goals identified in 2009 for accomplishment in 2014 may already be met if all of the current pipeline units are placed into service over the next year since 600 or more units could be coming on line in the next year and could stretch the capabilities of the service providers; and
WHEREAS, the City of Dallas desires to provide for City consideration of assistance for PSH units when existing units have been absorbed into their communities and services for existing units are stabilized, encourage developers to brief key neighborhood and community groups, provide for staff to notify the City Council when staff receives PSH project proposals seeking City assistance, and provide a maximum level for funding per PSH unit and a minimum percentage of PSH units required for multifamily projects where developers willing to provide PSH units are seeking City assistance; and
WHEREAS, the City of Dallas now desires to adopt the modifications to the Permanent Supportive Housing Program Statement attached as Attachment A and Exhibit A; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That the City Council authorizes modifications to the Permanent Supportive Housing Program Statement to remove references to any PSH unit creation goals and provide for consideration of City assistance for PSH units when existing units have been absorbed into their communities and services for existing units are stabilized, encourage developers to brief key neighborhood and community groups, provide for staff to notify the City Council when staff receives PSH project proposals seeking City assistance, and provide a maximum level for funding per PSH unit and a minimum percentage of PSH units required for multifamily projects, where developers willing to provide PSH units are seeking assistance from City programs.
SECTION 2. That the City Manager is authorized to administer the Permanent Supportive Housing Program Statement.
SECTION 3. That, upon approval as to form by the City Attorney, the City Manager is authorized to execute all documents necessary for implementing procedures as set forth in the Permanent Supportive Housing Program Statement including, but not limited to: deeds, release of liens, releases of reverter interests, and deed restrictions. COUNCIL CHAMBER
December 8, 2010
SECTION 4. That this resolution shall take effect immediately from and after its passage, in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
DISTRIBUTION:
Housing/Community Department City Attorney's Office Office of Financial Services/Community Development, 4FN ATTACHMENT A
PROGRAM STATEMENT PERMANENT SUPPORTIVE HOUSING PROGRAM (PSH)
Program Purpose: To provide permanent supportive housing opportunities to chronically homeless individuals and to strive to [achieve the goals of the Five- Year Plan (PLAN) to] create [700] Permanent Supportive Housing (PSH) units for chronically homeless individuals endorsing citywide implementation based on land availability and cost.
[Out of the 700 units:] [200] Additional leased units’ rent [will] may be paid through the HUD Special Needs Voucher Program presently committed by the Dallas Housing Authority.
[500 new units will have a] Provide funding [gap] to build new units [depending on the type of financing structure that is used] and [will require rental subsidies] to subsidize rents for new units when any existing units in the production pipeline have been absorbed into their communities and when services are stabilized.
Client Profile: Chronically Homeless Individuals
A chronically homeless person is defined as 1) an unaccompanied homeless individual, 2) with a disabling condition, 3) either continuously homeless for a year or more OR at least 4 episodes of homelessness in three years, and 4) must have been sleeping in a place not meant for human habitation, (e.g. living on the streets) and or in emergency homeless shelters during that time.
Program Description: When it is determined that additional PSH units are needed and City assistance is sought, PSH Program provides guidance in the implementation and development of [the 700] PSH units [goals]:
Provides rental housing opportunities to chronically homeless individuals through the use of financing for the construction of SROs and multifamily programs using 9% tax credits with conventional financing, 4% tax credits and tax-exempt bonds.
Authorizes the use of Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds, General Obligation Bonds (GOB) and Certificates of Obligation[s] (COs), in accordance with their approved purposes, and to fund project gap requirements to the extent permissible from each funding source, subject to City Council approval of the project and federal, state and local law requirements on a case-by-case basis. GOB projects will be considered on a case by case basis and approved by City Council as part of an economic development initiative project area, while COs will be used for public works components in project initiatives where the City will own the improvements and will be considered on a case by case basis, approved by City Council and must meet state law requirements. As the program is developed and projects are identified City staff will return to Council with a financing plan to seek the Council’s approval on a project-by-project basis.
Provides residential development opportunities as part of economic development projects that include mixed-use[d], mixed-income and retail and commercial master plans.
Allows for ad valorem tax-exemptions, donation of land and/or other City resources when available and necessary to assist in funding the gap in financing.
Developers using Dallas Housing Trust Fund financing may reserve loans for development site rather than a specific buyer.
Assistance can be in the form of a lump sum payment at closing in exchange for the execution and placement of deed restrictions on the property for a 15-year term or longer, depending on the funding source.
An entity controlled by The Dallas Housing Finance Corporation or The Dallas Housing Authority may be the General Partner/Owner for the purpose of obtaining a 100% ad valorem tax exemption.
Encourages Public and Private Partnerships promoting revitalization and economic development initiatives that will provide residential development as part of mixed-use and mixed-income projects.
Program Policy:
Applies to multi-family projects receiving financial support from all City sources of funding including but not limited to federal entitlements, tax increment financing districts, tax abatements, public/private partnership funding, general obligation bonds, certificates of obligation, private activity bonds and City of Dallas general funds when PSH units have been identified as part of the project.
Requirements are mandatory for City programs providing financial support for multi-family developments that include PSH units and are in addition to affordable housing requirements of other City development programs except where prohibited by law or where application of the requirements would make conduct of the other City development programs ineffective or impossible. City and Developers will be subject to all other program requirements established by local, state and federal law including requirements of other Program Statements adopted by City Council.
City staff shall notify the City Council when staff receives PSH project proposals seeking City assistance. The notifications will include Developer’s name, address, and phone; location of the project; type of development eg. new construction, rehabilitation or conversion from commercial to residential. Depending upon the availability of the information and with the understanding that the information is subject to change, the notifications may also include total project cost; total number of residential units; number of market rate units; number of affordable units; number of PSH units; name of agency providing social services; types(s) and amounts of City funding assistance sought.
Before the Council Committee is briefed on the project, Developers and/or applicants of financial assistance should brief key neighborhood and community groups to provide community awareness and obtain community feedback.
City may provide up to a maximum of $40,000 per unit for Developers willing to provide 10% of the units as appropriately sized and accommodated PSH units and to deed restrict the use of the units for PSH for a term of 15 years in multi-family development projects where the City is able to identify and obtain PSH rental vouchers and provide resources for provision of appropriate and necessary support services.
If Developers apply for financial assistance directly from the Housing Department:
A project using conventional financing and/or other City funding sources such as CDBG, HOME, and GOB proceeds can apply in the form of a letter proposal requesting City assistance addressed to the Housing Director. Applicants can also propose the development of public improvements using CO proceeds that involve infrastructure, utilities, and projects that involve the development of City owned facilities.
Applications for proposed development of PSH, SROs and multi-family projects must include financing provisions for the cost associated with supportive services to chronically homeless individuals. Based on the availability of funding, the City may commit to funding a portion of the required supportive services costs.
For PSH Projects developers applying for financing for the construction of SROs and Multifamily programs using 9% tax credits with conventional financing, 4% tax credits and tax-exempt bonds: The applicant must submit[s] a pre-application package along with an initial fee of $1,000 payable to the City of Dallas in addition to all other required fees for the approval process. The initial fee may be waived for nonprofit developers as deemed appropriate by the Housing/Community Services Department Director.
Developers, and providers of affordable housing seeking City rental housing voucher assistance for PSH units are encouraged to meet with community members, and to brief the City Council Housing Committee in the same manner as recipients of City financial aid for PSH units in multi-family developments.
It is recommended that affordable housing providers obtaining rental housing vouchers from non-City sources follow the same requirements and procedures as developers and affordable housing providers seeking City rental housing voucher assistance.
The City invites other nonprofit and governmental bodies and agencies to join in the City’s effort to provide PSH opportunities through legislative or board adoption of this or similar policies for creation of PSH units.
Program Funding Year:
City assistance for the purpose of creating PSH units can be applied for all year st long; however, the City begins a new funding year on October 1 of each year in accordance with its budget calendar. Projects will be considered when it is determined that additional PSH units are needed and City resources are available.
Criteria Evaluation of Projects
Housing staff will evaluate each project based on established underwriting criteria for multifamily projects applying for financial assistance and the City’s approved criteria on Exhibit “A” attached
City Manager is authorized to establish guidelines and procedures to administer this program in accordance with this Program Statement and applicable federal and local regulations. EXHIBIT “A” Criteria for Multifamily Projects
1. Where the proposed project fits within the City's priorities which follow in order of priority: a. Demolition and reconstruction of an existing substandard multifamily development; b. Rehabilitation of an existing multifamily development; c. New construction of housing for special needs such as senior households, AIDS or other disabilities, youth projects, including housing for the homeless on an individual basis; or d. Accept applications for projects using conventional financing methods and tax credit financed projects for new construction of housing for chronically homeless individuals with a priority given to Master Plan Developments, Mixed Income Developments and Transit Oriented Developments.
2. Whether the City has already provided, or committed to provide, direct financial assistance to the project.
3. Whether the project involves the elimination of slum or blight already existing on the subject property.
4. Whether the site has or can obtain appropriate zoning for the project.
5. The proximity and capabilities of nearby schools, and comments of school district officials regarding the project.
6. The comments of owners and residents of properties located in the surrounding area at a public meeting held in the community in which the project will be located, attended by City of Dallas or Dallas Housing Finance Corporation representatives.
7. Whether there is already an over-concentration of SROs or multifamily developments in the surrounding area.
8. Whether the applicant has agreed to incorporate appropriate safety and security features into the project.
9. Whether the applicant has responded to and/or plans to address the lawful concerns, if any, raised by residents or owners of properties in the surrounding area.
10. Whether the proposed project will be of high quality. EXHIBIT “A” Criteria for Multifamily Projects (Continued)
11. Whether the applicant has taken into consideration, in the project design, the standard or specialized needs of expected tenants.
12. Whether the proposed project will have an adverse effect on the surrounding area.
13. Whether the project is compatible with existing or anticipated single-family developments in the surrounding area.
14. Whether the estimated parking demand and trip generation for the project will impose an undue burden on public facilities.
15. Whether the current and probable future capacities of adjacent and nearby streets on the City’s thoroughfare plan are adequate to address any anticipated changes caused by the project.
16. Whether there is existing or proposed adequate public transit available.
17. Whether the location, density and height of the buildings, structures, and equipment will be detrimental or injurious to future development of the surrounding area or otherwise impose an undue burden on public facilities.
18. Whether trees will be planted or protected and other landscaping provided to create, preserve, and enhance the natural beauty and vegetative space in the vicinity of the project.
19. Whether managers of the project will reside on site.
20. Whether the applicant has demonstrated the financial capacity to complete and operate the project in accordance with supportive services needs of the chronically homeless individuals.
21. Whether the proposed project’s rental market has the ability to absorb the proposed additional rental units.
22. Proposed financing for the construction of Single Room Occupancy (SROs) and multifamily programs using 9% tax credits with conventional financing, 4% tax credits and tax-exempt bonds requires that if two or more new projects are proposed within a mile of each other, whether either or any of the projects: EXHIBIT “A” Criteria for Multifamily Projects (Continued)
a. Contributes to the rehabilitation or elimination of substandard housing; b. Provides a significantly lower density of units per acre; or c. Provides revenues for the creation or support of additional affordable housing for chronically homeless individuals.
23. Whether the Applicant has presented a suitable development plan for the entire development site, including property acquired by the Applicant in excess of that to be developed specifically for the project.
24. Whether there exists any other factor relevant to the issue of whether the project is in the best interest of the City of Dallas. AGENDA ITEM # 12 KEY FOCUS AREA: A Cleaner, Healthier City Environment
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): All
DEPARTMENT: Housing/Community Services
CMO: A. C. Gonzalez, 671-8925
MAPSCO: N/A ______
SUBJECT
Authorize (1) the acceptance of a grant from the U. S. Department of Justice to provide substance abuse treatment and re-integration services to adult ex-offenders with minor children and families for the period October 1, 2010 through September 30, 2012; (2) the establishment of appropriations in the amount of $291,690; and (3) execution of the grant agreement - Not to exceed $291,690 - Financing: U. S. Department of Justice Grant Funds
BACKGROUND
The U. S. Department of Justice (DOJ) issued a grant announcement seeking application for funding under the Second Chance Act Family Based Prisoner Substance Abuse Treatment Program grant. The program will target abusing adult ex-offenders with minor children and families in the City of Dallas and Dallas County. The City of Dallas partnered with Safer Dallas Better Dallas(SDBD)/DOORS to submit an application for funding in the amount of $291,690. On October 29, 2010, the City of Dallas was notified by the DOJ that the request for funding was approved.
SDBD/DOOR will create a task force that is responsible for bringing stakeholders together to develop a comprehensive approach to addressing the needs of adult ex-offenders with substance abuse problems. Initial partners in the partnership include: The City of Dallas Housing/Community Services, Project Reconnect, Community Court and Police Department; The Bridge, Dallas County Criminal Justice Division, NorthSTAR (ValueOptions), Metrocare Services, and Parkland Health and Hospital Systems.
The program will provide services to serve 75 high-risk adult ex-offenders who have been diagnosed as substance abusers and have minor children and families. Case managers will conduct initial intakes for each client and establish a case plan tailored to meet each clients need, as well as make appropriate referrals. BACKGROUND (Continued)
These services will be secured through a Request for Competitive Sealed Proposals (RFCSP) through the Business Development and Procurement Services.
Many adult ex-offenders abuse and have drug dependency prior to arrest, and commit offenses while under the influence of drugs. Crime related to substance abuse accounts for nearly 48% of the total expenditures in the state’s criminal justice system. The Texas Commission on Alcohol and Drug Abuse reported six out of ten prisoners are estimated to have substance abuse problems and it is often challenging to meet the needs of already incarcerated or repeat offenders. According to the 2009 Dallas County Drug Impact Index, 20 percent of arrests in Dallas County are for alcohol and drug offenses.
The U. S. Department of Justice contract will be in effect for 2 years.
PRIOR ACTION/REVIEW (COUNCIL, BOARD, COMMISSIONS)
This item has no prior action.
FISCAL INFORMATION
$291,690 - U. S. Department of Justice Grant Funds
Agenda Date 12/08/2010 - page 2 COUNCIL CHAMBER
December 8, 2010
WHEREAS, the U. S. Department of Justice issued a grant announcement seeking application for funding under the Second Chance Act Family Based Prisoner Substance Abuse Treatment Program; and
WHEREAS, the program will target abusing adult ex-offenders with minor children and families in the City of Dallas and Dallas County; and
WHEREAS, according to the Dallas County Drug Impact Index, over 20 percent of arrests in Dallas County are for alcohol or drug offenses; NOW, THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That following approval as to form by the City Attorney, the City Manager is hereby authorized to (1) accept a grant from the U. S. Department of Justice to provide substance abuse treatment and re-integration services to adult ex-offenders with minor children and families for the period October 1, 2010 through September 30, 2012; (2) the establishment of appropriations in the amount of $291,690; and (3) execute any and all other documents required by the grant.
Section 2. That the City Controller is hereby authorized to receive and deposit grant funds in Fund F318, Dept. HOU, Unit 1401, Revenue Source 6506, in an amount not to exceed $291,690.
Section 3. That the City Manager is hereby authorized to establish appropriations in Fund F318, Dept. HOU, Unit 1401, in an amount not to exceed $291,690, according to the attached Schedule.
Section 4. That the City Controller is hereby authorized to disburse grant funds from Fund F318, Dept. HOU, Unit 1401, in an amount not to exceed $291,690, according to the attached Schedule.
Section 5. That the City Manager be authorized to provide additional information, make adjustments and to take other actions related to implementation of the Second Chance Act Family Based Prisoner Substance Abuse Treatment Program as may be necessary to satisfy the U. S. Department of Justice.
Section 6. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
DISTRIBUTION: Housing/Community Services Office of Financial Services, 4FN City Attorney's Office Schedule
U. S. Department of Justice Second Chance Act Family-Based Substance Abuse Treatment Program Fund F318, Dept. HOU, Unit 1401, Revenue Source 6505 October 1, 2010 through September 30, 2012
Object Code Description Amount
1101 Salary $ 30,000 1303 Benefits $ 7,500 2731 Data Processing Equipment $ 2,000 2110 Supplies $ 2,400 3099 Miscellaneous $235,000 3361 Professional Development $ 5,100 3363 Reimb. Personal Vehicle Use $ 1,195 3651 Gen Fund Cost Reimb $ 8,495
Total $291,690 AGENDA ITEM # 13 KEY FOCUS AREA: A Cleaner, Healthier City Environment
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): All
DEPARTMENT: Housing/Community Services
CMO: A. C. Gonzalez, 671-8925
MAPSCO: N/A ______
SUBJECT
Authorize (1) the acceptance of a grant from the U. S. Department of Justice to provide re-entry services (pre-release and post-release) to adult and juvenile ex-offenders, ages 18 years and older for the period October 1, 2010 through September 30, 2011; (2) execution of a contract between the City of Dallas and Safer Dallas Better Dallas/DOORS; and (3) execution of the grant agreement - Not to exceed $1,000,000 - Financing: U. S. Department of Justice Grant Funds ($750,000) and Current Funds ($250,000)
BACKGROUND
The U. S. Department of Justice (DOJ) issued a grant announcement seeking application for funding under the Second Chance Act Adult and Juvenile Offender Re-entry Demonstration Project. The project is intended to further the DOJ’s commitment to providing services and programs to help facilitate the successful re-integration of ex-offenders as they return to their communities. The City of Dallas partnered with Safer Dallas Better Dallas(SDBD)/DOORS to submit an application for funding in the amount of $750,000. On October 10, 2010, the City of Dallas was notified by the DOJ that the request for funding was approved. On September 22, 2010, the City Council appropriated $250,000 for a re-entry initiative. SDBD/DOORS will provide matching funds in the amount of $250,000 in private funds for the General Fund dollars.
SDBD/DOORS will provide pre-release and post-release programs to male and female adults, ages 18 years older and older. The target population will be areas with high recidivism rates and a disproportionate population of offenders released from prison/jails; and those housed in Dallas County’s Lew Sterrett Jail Facility.
SDBD/DOORS has implemented a comprehensive approach to address the underlying socio-economic conditions (unemployment/underemployment, long-term medical issues, disrupted families, etc.) facing those formerly incarcerated. BACKGROUND (Continued)
SDBD/DOORS has the infrastructure to accommodate the wide variety of client needs as they progress through each segment of the re-entry program such as one stop service centers, service partners, stakeholders, and Parkland Hospital. A common intake form will be utilized by all partners to reduce paperwork and duplication of services/clients. A common assessment tool will be used to collect, analyze and prioritize data to be used in developing a reintegration plan for clients. A web-based multi-dimensional data network is under development to track and document services and client progress.
The grant requires a 25% cash match and a 25% in-kind match. SDBD/DOORS has secured a cash match from Communities Foundations of Texas in the amount of $375,000 and the in-kind match will be secured from various partner agencies in the amount of $375,000. Matching funds will be tracked on monthly basis throughout the contract term.
Texas has the second largest prison population in the United States. Dallas County has the second largest number of ex-offender releases in Texas. Over 20,000 currently report to North Texas Region II for supervision; more than 11,000 in Dallas County alone. Texas has the second highest incarceration rate in the United States; 691 to 100,000 in 2007. Estimates indicate that with the rise in recidivism, about 9.3% will be added to the system by 2012. Texas received the longest average probation (6 years) of any state when compared to the national average of just over two years.
PRIOR ACTION/REVIEW (COUNCIL, BOARD, COMMISSIONS)
Authorized a contract with Safer Dallas Better Dallas/DOORS to provide re-entry services in the amount of $489,993 on November 9, 2009, by Resolution No. 09-2749.
FISCAL INFORMATION
$750,000 - U. S. Department of Justice Grant Funds $250,000 - Current Funds
Agenda Date 12/08/2010 - page 2 COUNCIL CHAMBER
December 8, 2010
WHEREAS, the U. S. Department of Justice issued a grant announcement seeking application for funding under the Second Chance Act Adult and Juvenile Offender Re-entry Demonstration Project; and
WHEREAS, the project is intended to further the Department of Justice’s commitment to providing services and programs to help facilitate the successful re-integration of offenders as they return to their communities; and
WHEREAS, Texas has the second largest prison population in the United States and Dallas County has the second largest number of offender releases in Texas; and
WHEREAS, the grant requires a 25% cash match and a 25% in-kind match. Safer Dallas Better Dallas(SDBD)/DOORS will provide the cash match; and
WHEREAS, the City of Dallas has recognized SDBD/DOORS as the regional leader in understanding and coordinating services to meet the needs of the formerly incarcerated in the Dallas metropolitan area and desires SDBD/DOORS to manage re-entry initiatives; NOW, THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That following approval as to form by the City Attorney, the City Manager is hereby authorized to (1) accept a grant from the U. S. Department of Justice to provide re-entry services (pre-release and post-release) to adult and juvenile ex-offenders, ages 18 years and older for the period October 1, 2010 through September 30, 2011; (2) execute a contract between the City of Dallas and Safer Dallas Better Dallas/DOORS; and (3) execute any and all other documents required by the grant.
Section 2. That the City Controller is hereby authorized to receive and deposit grant funds in Fund F319, Dept. HOU, Unit 1402, Revenue Source 6506, in an amount not to exceed $750,000.
Section 3. That the City Manager is hereby authorized to establish appropriations in Fund F319, Dept. HOU, Unit 1402, Object Code 3099, in an amount not to exceed $750,000.
Section 4. That the City Controller is hereby authorized to disburse grant funds from Fund F319, Dept. HOU, Unit 1402, Object Code 3099, Encumbrance No. CTGH184454 to Safer Dallas Better Dallas(SDBD)/DOORS, Vendor No. VS0000048706 in an amount not to exceed $750,000 and Fund 0001, Dept. HOU, Unit 4295, Object Code 3099, Encumbrance No. CTGH184454A, Vendor No. VS0000048706 in an amount not to exceed $250,000. COUNCIL CHAMBER
December 8, 2010
Section 5. That the City Manager is authorized to provide additional information, make adjustments and to take other actions related to implementation of the Second Chance Act Program as may be necessary to satisfy U. S. Department of Justice.
Section 6. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
DISTRIBUTION: Housing/Community Services Office of Financial Services, 4FN City Attorney's Office AGENDA ITEM # 14 KEY FOCUS AREA: A Cleaner, Healthier City Environment
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): All
DEPARTMENT: Housing/Community Services
CMO: A. C. Gonzalez, 671-8925
MAPSCO: N/A ______
SUBJECT
Authorize (1) Supplemental Agreement No. 1 to the contract with Metro Dallas Homeless Alliance previously approved on April 14, 2010, by Resolution No. 10-0864, to provide use of software and to retrieve information from the system provide training and technical support on the Homeless Management and Information System; and (2) the revised contract term from April 1, 2010 through June 30, 2012 - Not to exceed $60,889, from $75,000 to $135,889 - Financing: 2008-09 Homeless Prevention and Rapid Re-Housing Program Grant Funds
BACKGROUND
On September 22, 2010, City Council approved Substantial Amendment No. 2 to reprogram $858,875 of Homelessness Prevention and Rapid Re-Housing Program (HPRP) Homeless Prevention funds. The reprogramming of funds allows for $60,889 to supplement the current contract with Metro Dallas Homeless Alliance (MDHA) extending their services through June 30, 2012.
MDHA is currently training HPRP subrecipients and trouble shooting any problems encountered by sub-recipients. One-on-One sessions and group sessions are held regularly to train subrecipients and assist them in continuing to manage data.
On May 13, 2009, City Council adopted the substantial amendment to the FY 2008-09 Consolidated Plan and Action Plan regarding Federal Stimulus for HPRP funds (Grant No. S-09-MY-48-0001) in the amount of $7,187,357. As a requirement of receiving HPRP grant funds, grantees and sub-recipients are required to enter client-level data into a Homeless Management and Information System (HMIS). HMIS is an electronic data collection system that facilitates the collection of information on persons who are homeless or at risk of becoming homeless. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On September 22, 2010, City Council approved Substantial Amendment No. 2 to the FY2008-09 Consolidated Plan Budget and Action Plan regarding Federal Stimulus Homelessness Prevention and Rapid Re-housing Program funds by Resolution No. 10-2431.
On August 11, 2010, City Council approved preliminary adoption and public hearing regarding a Substantial Amendment No. 2 to the FY 2008-09 Consolidated Plan Budget and Action Plan regarding Federal Stimulus Homelessness Prevention and Rapid Re-Housing Program funds by Resolution No. 10-1958.
On August 5, 2010, the Community Development Commission was briefed on Substantial Amendment No. 2 for the Homelessness Prevention and Rapid Re-housing Program.
On August 2, 2010, the Housing Committee was briefed on Substantial Amendment No. 2 for Homelessness Prevention and Rapid Re-housing Program.
On April 14, 2010, City Council approved a contract with Metro Dallas Homeless Alliance to provide training by Resolution No. 10-0864.
On March 1, 2010, the Housing Committee was briefed on the Homelessness Prevention and Rapid Re-Housing Program.
On January 13, 2010, City Council approved Supplemental Agreement No. 1 to the contract with Community Council of Greater Dallas for additional training on the Homeless Management and Information System by Resolution No. 10-0184.
FISCAL INFORMATION
$60,889 - 2008-09 Homeless Prevention and Rapid Re-Housing Program Grant Funds
Agenda Date 12/08/2010 - page 2 COUNCIL CHAMBER
December 8, 2010
WHEREAS, on February 17, 2009, the President of the United States signed the American Recovery and Reinvestment Act of 2009 (Recovery Act) into law, which includes $1,500,000,000 for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) administered through the U.S. Department of Housing and Urban Development; and
WHEREAS, on May 13, 2009, City Council adopted the substantial amendment to the FY 2008-09 Consolidated Plan and Action Plan regarding Federal Stimulus for HPRP funds (Grant No. S-09-MY-48-0001) in the amount of $7,187,357; and
WHEREAS, the HPRP requires grantees/sub-grantees to report client-level data in the Homeless Management and Information System (HMIS); and
WHEREAS, HMIS is an electronic data collection system that gathers information on persons who are homeless or at-risk of homelessness; and
WHEREAS, grantees/sub-grantees are required to use the HMIS in the applicable Dallas Continuum of Care (DCC); and
WHEREAS, Metro Dallas Homeless Alliance is the local administrator (Effective April 1, 2010) of HMIS for the DCC and the sole provider of HMIS; NOW, THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That following approval as to form by the City Attorney, the City Manager is hereby authorized to enter into a (1) Supplemental Agreement No. 1 to the contract with Metro Dallas Homeless Alliance previously approved on April 14, 2010, by Resolution No. 10-0864 to provide use of software and to retrieve information from the system provide training and technical support on the Homeless Management and Information System; and (2) revise the contract term from April 1, 2010 through June 30, 2012, and execute any and all documents required by the agreement.
Section 2. That the City Controller is hereby authorized to disburse funds from Fund HP08, Dept. HOU, Unit 393A, Vendor No. 517577, Encumbrance No. CTGH184316A in an amount not to exceed $60,889.
Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
DISTRIBUTION: Housing/Community Services City Attorney’s Office Office of Financial Services/Community Development, 4FS
AGENDA ITEM # 15 KEY FOCUS AREA: A Cleaner, Healthier City Environment
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): All
DEPARTMENT: Housing/Community Services
CMO: A. C. Gonzalez, 671-8925
MAPSCO: N/A ______
SUBJECT
Authorize Supplemental Agreement No. 1 to the contract with The Family Place, Inc. for emergency shelter services to provide a safe haven for victims of family violence while locating permanent housing for the period October 1, 2010 through September 30, 2011 - Not to exceed $15,200, from $44,900 to $60,100 - Financing: 2010-11 Emergency Shelter Grant Funds
BACKGROUND
A Request for Competitive Sealed Proposal was advertised for Emergency Shelter Grant (BUZ9898), and closed on June 25, 2008. The Family Place, Inc. was awarded prevention, operation, and essential services funds in the amount of $44,900 for a one-year term with an option to renew for two additional one-year terms.
On June 23, 2010, City Council adopted the FY 2010-11 Consolidated Plan Budget, which includes the following funding: Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), Housing Opportunities for Persons with AIDS (HOPWA), and HOME Investments Partnerships Program.
Under the FY 2010-11 ESG budget, funding for homeless prevention activities were eliminated. The Housing/Community Services Department renewed the FY 2010-11 contract with $14,100 in Essential Services and with a $20,000 in operations only.
The Family Place, Inc. is one of the first shelters for victims in the state of Texas and was established in 1978. The Family Place, Inc. maintains a 501 (c) (3) tax exempt status with the Internal Revenue Service. BACKGROUND (Continued)
It opened a comprehensive facility for shelters and rehabilitation services for abused homeless women and children victims of domestic violence. The Family Place, Inc. allows up to a 45-day stay at the shelter location. Clients reside at the shelter an average of 26 days.
The Family Place, Inc. provides the emergency assistance to referrals from the residential program and outreach counseling programs and/or clients who reside in the emergency shelter. 2009-10 2009-10 2010-11 Number of Persons Assisted Goals Actual Goals
# Adults Provided Shelter 200 244 220
# of Children Provided Child Care 175 218 195
# Individuals/Families Provided 27 13 0 Rental/Security Deposited
2009-10 2009-10 2010-11 OUTCOME MEASURES Goals Actual Goals
Audits provided shelter services 150 201 165 that increase their awareness of community resources and options by at least 25% at exit.
Adults who reduce their sense of 150 183 165 Isolation by an average of at least 25%.
# Client maintaining stability 27 205 0
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
This item has no prior action.
FISCAL INFORMATION
$15,200 - 2010-11 Emergency Shelter Grant Funds
Agenda Date 12/08/2010 - page 2 ETHNIC COMPOSITION
The Family Place, Inc. (Board)
African American Females 6 African American Males 1 Asian Females 1 Asian Males 0 Caucasian Females 22 Caucasian Male 12 Hispanic Females 1 Hispanic Males 3 Other Females 2 Other Males 0
OWNER(S)
The Family Place, Inc.
Board of Directors
Azadeh Ajami Shelley Hicks Cassie Stern Kristin Bauer Steve Holland Sandi Stevens Pamela Bethel-LeDuff Robin Ladik Steve Thelen Denise Bunkley Kristin Larimore Shauna Trieb Lillian Cho Ellen Lasser Jesse Villarreal Calvin Colbert Nancy Loewe Justin Winter Tom D’Angelo Kevin Ann Marcyes Manuel Zaby, Jr. Leah Davis Denise Marino Ball Pam Davis Redding May Heather Deggans Kathrina McAfee Keenan Delaney Billye McNeil Amber Dietrich Feriale Millen T. Michael Dugan Retta Miller Christina Durovich Paige Nash Diane Fullingim Andrea Overman John M. Gala Lisa Peterson Pamela Gonzalez Kaki Roach Joyce Goss Caswell “Cass” Robinson Jamie Hardy Len Ruby Doug Hazelbaker Dr. Rudy Sanchez, Jr.
Agenda Date 12/08/2010 - page 3
COUNCIL CHAMBER
December 8, 2010
WHEREAS, The Family Place, Inc. is a non-profit 501(c)(3) organization in cooperation with other entities throughout the City of Dallas who provides a safe haven for victims of family violence who are in crisis while helping them find permanent housing; and
WHEREAS, Emergency Shelter Grant funds will be used to provide emergency shelter services including temporary shelter that will assist the newest segment of the homeless population - families with children; and
WHEREAS, this contract is funded by FY2010-11 Emergency Shelter Grant funds; and
WHEREAS, the FY2010-11 Emergency Shelter Grant funds are available beginning October 1, 2010; and
WHEREAS, the FY2010-11 Emergency Shelter Grant funds are contingent upon the U. S. Department of Housing and Urban Development’s approval of the City’s FY2010-11 Action Plan and execution of the grant agreement;
NOW, THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That following approval as to form by the City Attorney, the City Manager is hereby authorized to enter into a Supplemental Agreement No. 1 with The Family Place, Inc. for emergency shelter services to provide a safe haven for victims of family violence while locating permanent housing for the period October 1, 2010 through September 30, 2011, and execute any and all documents required by the agreement.
Section 2. That the City Controller is hereby authorized to disburse funds from Fund ES10, Dept. HOU, Unit 467C, Vendor No. 243202, Encumbrance No. GH184378A in an amount not to exceed $15,200.
Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
DISTRIBUTION: Housing/Community Services City Attorney's Office Office of Financial Services, 4FN
AGENDA ITEM # 16 KEY FOCUS AREA: A Cleaner, Healthier City Environment
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): All
DEPARTMENT: Housing/Community Services
CMO: A. C. Gonzalez, 671-8925
MAPSCO: N/A ______
SUBJECT
Authorize Supplemental Agreement No. 2 to the Homelessness Prevention and Rapid Re-Housing contract with Legal Aid of NorthWest Texas, Inc. to reduce the contract amount for the period October 1, 2009 through September 30, 2011 - Not to exceed ($65,000), from $207,025 to $142,025 - Financing: 2008-09 Homeless Prevention and Rapid Re-Housing Program Grant Funds
BACKGROUND
On September 22, 2010, Council approved Substantial Amendment No. 2 to reprogram $858,875 of HPRP Homeless Prevention funds. The reprogramming of funds allows for $60,889 to supplement the current contract with MDHA, extending their services through June 30, 2012.
On May 13, 2009, City Council adopted the Substantial Amendment to the FY 2008-09 Consolidated Plan and Action Plan regarding Federal Stimulus for Homeless Prevention and Rapid Re-Housing Program (HPRP) funds (Grant No.S09-MY-48-0001) in the amount of $7,187,357. On July 2, 2009, HUD approved the substantial amendment and on July 21, 2009, the grant agreement was received from HUD for execution; upon execution, grant funds will become available for use beginning October 1, 2009.
On June 3, 2009, the City of Dallas Business Development and Procurement Services Department solicited and received Request for Competitive Sealed Proposals (RFCSP) from area nonprofits for the contractual provisions of services in the following categories: Homeless Prevention ($2,615,424) and Rapid Re-Housing ($2,691,196). Homeless Prevention provide financial assistance and supportive services to those who would be at-risk of homelessness but for this assistance. Rapid Re-Housing provide financial assistance and supportive services to those who are already homeless. BACKGROUND (Continued)
The proposals were reviewed by a selection panel consisting of staff from the City Housing Department, Dallas County Commissioners Court, Welcome House, Inc., Legacy Counseling Center, and UT Southwestern Medical Center. Proposal ratings were completed by committee members on June 29, 2009.
Legal Aid of NorthWest Texas, Inc. (LANWT) is the successor to Legal Services of North Texas, Inc., which combined have provided free legal services to low-income people in the community for more than 40 years. Legal Aid of NorthWest Texas, Inc. was awarded $207,025 in Homeless Prevention. In April 2010, all HPRP providers were asked to revise their goals and benchmarks for a 24-month period rather than a 36-month period to better accomplish federal spending objectives. At this point, Legal Aid of NorthWest Texas, Inc. indicated that it could not spend all of its contracted HPRP funding within 24 months and opted for a contract revision reducing their contract by $65,000. This item reduces the contract amount from $207,025 to $142,025 (a reduction of $65,000) as follows:
Original Revised Description Amount Change(+/-) Amount
Financing Assistance $207,025 -$65,000 $142,025
Total HPRP Funds $207,025 -$65,000 $142,025
Funds released on this contract are scheduled for re-allocation to Nexus Recovery
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On August 11, 2010, the City Council approved preliminary adoption and public hearing regarding a Substantial Amendment No. 2 to the FY 2008-09 Consolidated Plan Budget and Action Plan regarding Federal Stimulus Homelessness Prevention and Rapid Re-Housing Program funds by Resolution No. 10-1958.
On August 5, 2010, the Community Development Commission was briefed on Substantial Amendment No. 2 for Homelessness Prevention and Rapid Re-Housing Program.
On August 2, 2010, the Housing Committee was briefed on Substantial Amendment No. 2 for Homelessness Prevention and Rapid Re-Housing Program.
On March 1, 2010, the Housing Committee was briefed on the Homelessness Prevention and Rapid Re-Housing Program.
Agenda Date 12/08/2010 - page 2 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued)
On August 26, 2009, the City Council authorized a thirty-six month contract with Legal Aid of NorthWest Texas, Inc. to provide temporary housing assistance and supportive services to persons at-risk of homelessness through the American Recovery and Reinvestment Act of 2009 Homeless Prevention and Rapid Re-Housing Program by Resolution No. 09-2072.
FISCAL INFORMATION
($65,000) - 2008-09 Homeless Prevention and Rapid Re-Housing Program Grant Funds
Agenda Date 12/08/2010 - page 3
COUNCIL CHAMBER
December 8, 2010
WHEREAS, on July 12, 2010, Supplemental Agreement No. 1 was approved by Administrative Action No. 10-1848; and
WHEREAS, on February 17, 2009, the President signed the American Recovery and Reinvestment Act of 2009 (Recovery Act) into law, which includes $1,500,000,000 for the Homeless Prevention and Rapid Re-Housing Program (HPRP) administered through the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, on March 19, 2009, HUD issued a notice of funding availability stating that the City of Dallas had received an allocation of HPRP funds in the amount of $7,187,357; and
WHEREAS, on May 13, 2009, the City Council approved the substantial amendment at the conclusion of the public hearing; and
WHEREAS, the City of Dallas adopted and submitted to HUD a substantial amendment to its FY2008-09 Consolidated Plan Budget and Action Plan; and
WHEREAS, Homeless Prevention and Rapid Re-Housing grant funds are contingent upon approval of the substantial change and execution of the grant agreement by HUD;
NOW, THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That following approvals as to form by the City Attorney, the City Manager is hereby authorized to enter into Supplemental Agreement No. 2 to the Homelessness Prevention and Rapid Re-Housing contract with Legal Aid of NorthWest Texas, Inc. to reduce the contract amount for the period October 1, 2009 through September 30, 2011 - Not to exceed ($65,000), from $207,025 to $142,025, and execute any and all documents required by the agreement.
Section 2. That the City Controller is hereby authorized to reduce the contract amount funds from Fund HP08, Dept. HOU, Unit 390A, in an amount not to exceed ($65,000).
Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
DISTRIBUTION: Housing/Community Services City Attorney's Office Office of Financial Services/Community Development, 4FS
AGENDA ITEM # 17 KEY FOCUS AREA: A Cleaner, Healthier City Environment
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): All
DEPARTMENT: Housing/Community Services
CMO: A. C. Gonzalez, 671-8925
MAPSCO: N/A ______
SUBJECT
Authorize Supplemental Agreement No. 2 to increase the contract with Nexus Recovery Center, Inc. previously approved on August 26, 2009, by Resolution No. 09-2075, for the period October 1, 2010 through September 30, 2011 - Not to exceed $65,000, from $358,519 to $423,519 - Financing: 2008-09 Homeless Prevention and Rapid Re-Housing Program Grant Funds
BACKGROUND
On May 13, 2009, City Council adopted the substantial amendment to the FY 2008-09 Consolidated Plan and Action Plan regarding Federal Stimulus for Homelessness Prevention and Rapid Re-Housing Program (HPRP) funds (Grant No. S-09-MY-48-0001) in the amount of $7,187, 357.
On September 22, 2010, Council approved Substantial Amendment No. 2 to reprogram $858,875 of HPRP Homeless Prevention funds. The reprogramming of funds allows for $60,889 to supplement the current contract with MDHA, extending their services through June 30, 2012. The contract revision increases the Nexus contract amount of $358,519 to $423,519.
Nexus Recovery Center, Inc. opened in 1971 with a focus on adult women. In 1991 Nexus was able to open its second residential program, which allowed women to bring up to three accompanying children into care with them. This expansion required a move to a campus setting with room for playgrounds and childcare. In 1991, Nexus opened its third residential program for 13-17 year old girls who were in need of addiction treatment. In 1993, Nexus Recovery Center, Inc. added an additional program, which focused on pregnant women and infants.
Since 2003, Nexus Recovery Center, Inc. has collaborated with UT Southwestern Medical Center to provide an addiction psychiatrist to serve as medical director to a growing client population with mental illness along with substance abuse issues. BACKGROUND (Continued)
Nexus Recovery Center, Inc. has requested an additional $65,000 to increase services to the homeless. The contract revision increases the contract amount $358,519 to $423,519.
Performance Measures 2009-11 2009-10 Goal Actual
# of persons to be assisted 90 69 (Thru September 30, 2010)
Outcome Measures
# of jobs created 0 FTE # of jobs retained 1.5 FTE # of clients maintaining stable housing 50 individuals
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On September 22, 2010, Council approved Substantial Amendment No. 2 to the FY 2008-09 Consolidated Plan Budget and Action Plan regarding Federal Stimulus Homelessness Prevention and Rapid Re-housing Program funds by Resolution No. 10-2431.
On August 11, 2010, Council approved preliminary adoption and public hearing regarding a Substantial Amendment No. 2 to the FY 2008-09 Consolidated Plan Budget and Action Plan regarding Federal Stimulus Homelessness Prevention and Rapid Re-Housing Program funds by Resolution No. 10-1958.
On August 5, 2010, the Community Development Commission was briefed on Substantial Amendment No. 2 for Homelessness Prevention and Rapid Re-housing Program.
On August 2, 2010, the Housing Committee was briefed on Substantial Amendment No. 2 for Homelessness Prevention and Rapid Re-housing Program.
On August 26, 2009, City Council authorized the City Manager to enter into a thirty-six month contract with Nexus Recovery Center, Inc. to provide temporary housing assistance and supportive services to persons who are homeless through the American Recovery and Reinvestment Act of 2009 Homeless Prevention and Rapid Re-Housing Program by Resolution No. 09-2075.
On March 1, 2010, the Housing Committee was briefed on the Homelessness Prevention and Rapid Re-Housing Program.
Agenda Date 12/08/2010 - page 2 FISCAL INFORMATION
$65,000 - 2008-09 Homeless Prevention and Rapid Re-Housing Program Grant Funds
Agenda Date 12/08/2010 - page 3
COUNCIL CHAMBER
December 8, 2010
WHEREAS, on August 2, 2010, Supplemental Agreement No. 1 was approved by Administrative Action No. 10-2042; and
WHEREAS, on February 17, 2009, the President of the United States signed the American Recovery and Reinvestment Act of 2009 (Recovery Act) into law, which includes $1,500,000,000 for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) administered through the U.S. Department of Housing and Urban Development; and
WHEREAS, on May 13, 2009, City Council adopted the substantial amendment to the FY 2008-09 Consolidated Plan and Action Plan regarding Federal Stimulus for HPRP funds (Grant No. S-09-MY-48-0001) in the amount of $7,187,357; and
WHEREAS, the City of Dallas adopted and submitted to HUD a substantial amendment to its FY2008-09 Consolidated Plan Budget and Action Plan; and
WHEREAS, on July 2, 2009, HUD approved the substantial amendment; and
WHEREAS, on July 21, 2009, HUD executed the grant with the City of Dallas and funds became available for use October 1, 2009; and
WHEREAS, on August 26, 2009, Nexus Recovery Center, Inc. was awarded a contract in the amount of $358,519 to provide temporary housing assistance and supportive services to persons at-risk of homelessness;
NOW, THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That following approvals as to form by the City Attorney, the City Manager is hereby authorized to enter into Supplemental Agreement No. 2 to increase the contract with Nexus Recovery Center, Inc. previously approved on August 26, 2009, by Resolution No. 09-2075, for the period October 1, 2010 through September 30, 2011 - Not to exceed $65,000, from $358,519 to $423,519, and execute any and all documents required by the agreement.
Section 2. That the City Controller is hereby authorized to disburse funds from Fund HP08, Dept. HOU, Unit 391A, Object Code 3099, Encumbrance Number CTGH184234A in an amount not to exceed $60,000; and Fund HP08, Dept HOU, Unit 392A, Object Code 3099, Encumbrance Number CT184235A in an amount not to exceed $5,000. COUNCIL CHAMBER
December 8, 2010
Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
DISTRIBUTION: Housing/Community Services City Attorney’s Office Office of Financial Services/Community Development, 4FS AGENDA ITEM # 18 KEY FOCUS AREA: A Cleaner, Healthier City Environment
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): All
DEPARTMENT: Housing/Community Services
CMO: A. C. Gonzalez, 671-8925
MAPSCO: N/A ______
SUBJECT
Authorize the fifth amendment to the contract with the Department of State Health Services to accept additional grant funds awarded for the continuation of the Special Supplemental Nutrition Program for the Women, Infants and Children Program for the period October 1, 2009 through December 1, 2010 - Not to exceed $693,847, from $16,221,474 to $16,915,321 - Financing: Department of State Health Services Grant Funds
BACKGROUND
Since 1974, the Department of State Health Services (DSHS) has funded the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) in Dallas. The WIC Program provides nutritious food, nutrition education, breastfeeding promotion and support, and referrals to health and social services. The program serves infants, children under age 5, and pregnant, postpartum and breastfeeding women. WIC is a United States Department of Agriculture program administered in Texas by the Department of State Health Services. In Dallas County, the WIC Program is administered by the City of Dallas, Housing/Community Services Department.
This item authorizes the acceptance of additional grant funds from the DSHS, increasing the total contract budget by $693,847. The funding increase is in accordance with additional award monies for expenditures incurred through September 30, 2010. The total expenditures are not to exceed $693,847.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
Authorized the fourth amendment to the contract for the Special Supplemental Nutrition Program for the Women, Infants and Children Program in the amount of $16,892 on September 8, 2010, by Resolution No. 10-2284. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
Authorized the third amendment to the contract for the Special Supplemental Nutrition Program for the Women, Infants and Children Program in the amount of $320,000 on August 11, 2010, by Resolution No. 10-1960.
Authorized the second amendment to the contract for the Special Supplemental Nutrition Program for the Women, Infants and Children Program in the amount of $1,409,844 on June 23, 2010, by Resolution No. 10-1592.
Authorized the first amendment to the contract for the Special Supplemental Nutrition Program for the Women, Infants and Children Program in the amount of $393,173 on January 27, 2010, by Resolution No. 10-0319.
Authorized a contract for the Special Supplemental Nutrition Program for the Women, Infants, and Children Program in the amount of $14,081,565 on September 23, 2009, by Resolution No. 09-2304.
FISCAL INFORMATION
$693,847 - Department of State Health Services Grant Funds
Agenda Date 12/08/2010 - page 2 COUNCIL CHAMBER
December 8, 2010
WHEREAS, the Department of State Health Services has awarded additional grant funds in the amount of $693,847 to the City of Dallas Women, Infants, and Children (WIC) Program; and
WHEREAS, there is a continued need for the Special Supplemental Nutrition Program for Women, Infants and Children, funded through the Department of State Health Services;
NOW, THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That following approval as to form by the City Attorney, the City Manager is hereby authorized to execute the fifth amendment to the contract (Contract No. 2010-033376) with the Department of State Health Services to accept additional grant funds for the continuation of the Special Supplemental Nutrition Program for the Women, Infants and Children Program for the period October 1, 2009 through December 1, 2010, and execute any and all documents required by the contract.
Section 2. That the City Controller is hereby authorized to receive and deposit grant funds from the Department of State Health Services in Fund F257, Dept. HOU, Unit 3892, Revenue Source 6509 in an amount not to exceed $693,847.
Section 3. That the City Controller is hereby authorized to disburse grant funds from the Department of State Health Services in Fund F257, Dept. HOU, Unit 3892, using Object codes according to the attached Schedule in an amount not to exceed $693,847.
Section 4. That the City Manager is hereby authorized to increase budgeted revenue and appropriations in the amount of $693,847, from $16,221,474 to $16,915,321 in Fund F257, Dept. HOU, Unit 3892, Revenue Source 6509, according to the attached Schedule.
Section 5. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
DISTRIBUTION: Housing/Community Services City Attorney's Office Office of Financial Services, 4FN SCHEDULE
Department of State Health Services Special Supplemental Nutrition Program for Women, Infants and Children October 1, 2009 through December 1, 2010 Fund F257, Dept. HOU, Unit 3892, Revenue Source 6509
Object Code Description Amount
3099 Miscellaneous Special $693,847 Services
Total $693,847 AGENDA ITEM # 19 KEY FOCUS AREA: Make Government More Efficient, Effective and Economical
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): N/A
DEPARTMENT: Human Resources
CMO: Mary K. Suhm, 670-5306
MAPSCO: N/A ______
SUBJECT
Authorize a contract with Dallas Area Rapid Transit for the purchase of 384 annual passes in support of the City's clean air initiative - Not to exceed $157,752 - Financing: Current Funds (to be reimbursed by participating employees)
BACKGROUND
The Dallas Area Rapid Transit (DART) annual pass program is designed to increase DART ridership through a reduced fare to program participants. Passes allow unlimited transportation for a full calendar year (7 days per week) on DART bus, rail and commuter rail routes. It is expected to increase the use of public transportation by City employees, thereby decreasing automobile emissions.
Increasing City employees use of mass transportation is part of the City's clean air strategies. The 2011 program will be effective January 1, 2011, through December 31, 2011.
The DART Pass program is open to permanent civilian and uniformed Fire employees. Uniformed Police employees already ride free of charge on DART transportation routes. The City will purchase approximately 384 annual bus passes which will be reimbursed by participating employees through payroll deductions. PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Authorized the DART A-Pass program on January 22, 2003, by Resolution No. 03-0373.
Authorized the City funded DART A-Pass program as part of the FY 2003-04 budget on September 24, 2003, by Resolution No. 03-2570.
Authorized a contract with DART to purchase A-Passes on October 22, 2003, by Resolution No. 03-2881.
Authorized the City funded DART A-Pass program as part of the FY 2004-05 budget on September 22, 2004, by Resolution No. 04-2841.
Authorized the City funded DART pass program as part of the FY 2005-06 budget on September 28, 2005, by Resolution No. 05-2822.
Authorized a contract with DART to purchase A-Passes on October 26, 2005, by Resolution No. 05-3038.
Authorized purchase of 1,700 bus passes from Dallas Area Rapid Transit on behalf of City employees in support of the City’s 2007 clean air initiative on October 25, 2006, by Resolution No. 06-2962.
Authorized purchase of 2,000 bus passes from Dallas Area Rapid Transit on behalf of City employees in support of the City’s 2008 clean air initiative on October 24, 2007, by Resolution No. 07-3196.
Authorized purchase of 4,000 bus passes from Dallas Area Rapid Transit on behalf of City employees in support of the City’s 2008 clean air initiative on November 10, 2008, by Resolution No. 08-3508.
Authorize a contract with Dallas Area Rapid Transit for the purchase of 450 annual passes in support of the City's 2008 clean air initiative on January 27, 2010 - Not to exceed $147,951 - Financing: Current Funds (to be reimbursed by participating employees) by Resolution No. 10-0364.
FISCAL INFORMATION
Current Funds - $157,752 (to be reimbursed by participating employees)
Agenda Date 12/08/2010 - page 2 OWNER
Dallas Area Rapid Transit
Gary Thomas, President and Executive Director
Agenda Date 12/08/2010 - page 3
COUNCIL CHAMBER
December 8, 2010
WHEREAS, the City Council authorized the Dallas Area Rapid Transit A-Pass program on January 22, 2003, by Resolution No. 03-0373; and
WHEREAS, the City Council authorized the City funded Dallas Area Rapid Transit A-Pass program on September 24, 2003, by Resolution No. 03-2570; and
WHEREAS, the City Council authorized the City funded Dallas Area Rapid Transit A-Pass program on October 22, 2003, by Resolution No. 03-2881; and
WHEREAS, the City Council authorized the City funded Dallas Area Rapid Transit A-Pass program on September 22, 2004, by Resolution No. 04-2841; and
WHEREAS, the City Council authorized the City funded Dallas Area Rapid Transit Pass program on September 28, 2005, by Resolution No. 05-2822; and
WHEREAS, the City Council authorized a contract with Dallas Area Rapid Transit to purchase A-Passes on October 26,2005, by Resolution No 05-3038; and
WHEREAS, the City Council authorized the City funded Dallas Area Rapid Transit Pass program on October 25, 2006, by Resolution No. 06-2962; and
WHEREAS, the City Council authorized the City funded Dallas Area Rapid Transit Pass program on October 24, 2007, by Resolution No. 07-3196; and
WHEREAS, the City Council authorized the City funded Dallas Area Rapid Transit Pass program on November 10, 2008, by Resolution No. 08-3508; and
WHEREAS, the City Council authorized a contract with Dallas Area Rapid Transit for the purchase of 450 annual passes in support of the City's 2008 clean air initiative - on January 27, 2010, by Resolution No. 10-0364; and
WHEREAS, it is the City's desire to execute a one-year contract for the 2011 Calendar year with Dallas Area Rapid Transit to purchase approximately 384 passes, the cost of which will be reimbursed through employee payroll deductions. COUNCIL CHAMBER
December 8, 2010
NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That the City Manager be and is hereby authorized to enter into a contract, where a contract is required, after approval as to form by the City Attorney, for the purchase of approximately 384 DART Passes to include Paratransit coupon books on behalf of City employees in support of the City's clean air initiative.
Section 2. That the City Controller or designee be and is hereby authorized to disburse funds from Fund 0001, Dept PER, Unit 1436, Object 3532, Encumbrance No. CT PER14362011 to Dallas Area Rapid Transit (Vendor #232802) for the purchase of approximately 384 passes, on behalf of City employees at a cost not to exceed $157,752, to be reimbursed through employee payroll deductions.
Section 3. That the City Controller or designee be and is hereby authorized to make employee payroll deductions to reimburse the City to Fund 0001, Dept PER, Unit 1436, Object 5011 in the amount of $ 157,752.
Section 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. AGENDA ITEM # 20 KEY FOCUS AREA: Make Government More Efficient, Effective and Economical
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): All
DEPARTMENT: Office of Management Services
CMO: Jeanne Chipperfield, 670-7804
MAPSCO: N/A ______
SUBJECT
Authorize renewal of the professional service contract for initial registration and re-registration of City departments to International Organization for Standardization 9001:2008, 14001:2004 and OHSAS 18001:2007 standards with Bureau Veritas Certification North America for the period November 2010 through November 12, 2013 – Not to exceed $574,275 – Financing: Current Funds (subject to annual appropriations)
BACKGROUND
The International Organization for Standardization (ISO) establishes “standards” for management in multiple business operations. ISO is internationally recognized as the most prestigious set of management standards for organizations. ISO certification, which must be validated by a third-party Registrar, ensures compliance with the ISO standards, thus assuring a high level of quality and performance.
The City of Dallas has and continues to implement three ISO standards: z ISO 9001:2008 - Quality Management System (QMS) - Ensures repeatable and consistent processes are used with goals to enhance quality of products and services, improve customer service, and improve productivity and efficiency. z ISO 14001:2004 - Environmental Management System (EMS) - Goes beyond regulatory compliance by focusing on reducing environmental impacts through best practices, pollution prevention and performance enhancement. BACKGROUND (continued) z OHSAS 18001:2007 - Occupational Health and Safety Management System (OHSAS) - Empowers an organization to control its OH&S risks and improve its performance. This system is geared towards reducing and preventing accidents and accident-related loss of lives, resources, and time.
This thirty-six month contract will continue to provide for an accredited Registrar to plan, conduct, and report on integrated audits (ISO 9001:2008/ ISO 14001:2004/ OHSAS 18001:2007 to the degree possible) of the management systems within multiple City departments to strive for the greatest level of efficiency and cost savings. Successful completion of these audits will result in receiving and maintaining an ISO Certification that the standards have been met.
The City departments registered to ISO14001:2004 in April 2007:
z Aviation z Code Compliance Services z Convention & Event Services z Court and Detention Services (Marshal's Office Only) z Dallas Fire Rescue z Dallas Police Department z Communications and Information Services (Radio Shop Only) z Dallas Water Utilities z Equipment and Building Services z Office of Environmental Quality z Public Works & Transportation z Park and Recreation z Sanitation Services z Street Services
The City departments registered to ISO 9001:2008 to date are:
z Street Services (2007) z Equipment Building & Services (2008) z Court and Detention Services (2008) z Convention & Event Services (2008) z Library (2009) z Code Compliance Services (2009) z Business Development & Procurement Services (2010) z Sanitation – McCommas Bluff Landfill (2010)
Agenda Date 12/08/2010 - page 2 BACKGROUND (continued)
City Departments pending implementation become ISO 9001:2008 registered include:
z Dallas Water Utilities (QMS Implementation in process) z Aviation Services (QMS Implementation in process) z Communication and Information Services z Sustainable Development & Construction z Park and Recreation z City Attorney’ Office – Prosecution Section z Public Works & Transportation
The City departments registered to OHSAS 18001:2007 to date are:
z Convention and Event Services (2008) z Court and Detention Services (2008) z Equipment and Building Services (2009)
City Departments pending implementation to become OHSAS 18001:2007 registered include:
z Code Compliance Department (OHS Implementation in process) z Communication and Information Services (OHS Implementation in process) z Dallas Public Library (OHS Implementation in process) z Sanitation Services z Business Development and Procurement z Street Services z Trinity Watershed Management z Aviation z Development Services z Public Works and Transportation z Housing z Park and Recreation z Dallas Police Department z Dallas Fire Rescue
In January, 2005 the City Council authorized implementation of an Environmental Management System (EMS) based upon ISO 14001 .
In February, 2005 the City Council authorized a professional services contract with the University of Texas at Arlington/Texas Manufacturing Assistance Center (TMAC) to implement ISO 9001:2000 within one division of the Department of Street Services.
Agenda Date 12/08/2010 - page 3 BACKGROUND (continued)
As benefits from these ISO initiatives were realized, the City Manager recommended expanding implementation of ISO initiatives to additional City departments and the City Council approved these recommendations.
z April 2005 – The implementation of an Environmental Management System (EMS) was mandated by City Management for eleven additional departments, Radio Shop (CIS) and Marshal's Office (CTS).
z May 2006 – City Council authorized a professional services contract to implement an ISO 9001 Quality Management System in thirteen City departments.
In March 2007, the Street Services Department became the first department within the City to receive certification in ISO 9001:2000 (QMS) .
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
rd On November 12, 2007, City Council authorized a professional services contract for 3 party auditing and the registration of City Departments to the Internal Organization for Standardization 9001:2000, 14001: 2004 and 18001:2007 by Resolution No. 07-3278.
On May 10, 2006, City Council authorized a professional services contract to implement an ISO 9001 Quality Management System in thirteen City departments by Resolution No. 06-1417.
On February 23, 2005, City Council authorized a professional services contract with the University of Texas at Arlington/Texas Manufacturing Assistance Center (TMAC) to implement an ISO 9001 Quality Management System for Streets Services by Resolution No. 05-0679.
On January 26, 2005, City Council authorized an Environmental Policy & implementation of an Environmental Management System (EMS) by Resolution No. 05-0362.
FISCAL INFORMATION
$574,275 – Current Funds (subject to annual appropriations) 2011 – $175,150 2012 – $169,725 2013 – $200,725 2014 – $ 28,675
Agenda Date 12/08/2010 - page 4 M/WBE INFORMATION
Bureau Veritas Certification North America has fulfilled their good faith requirements set forth in the Good Faith Effort Plan adopted by Council Resolution No. 84-3501 as amended.
ETHNIC COMPOSITION
Bureau Veritas Certification North America
Hispanic Female 8 Hispanic Male 10 Black Female 7 Black Male 8 Other Female 14 Other Male 16 White Female 150 White Male 230
OWNERS
Bureau Veritas Certification North America
Greg Rzonca, President David R. Church, Vice President Atul Puri, Vice President
Agenda Date 12/08/2010 - page 5
COUNCIL CHAMBER
December 8, 2010
WHEREAS, on January 26, 2005, City Council authorized an Environmental Policy & Implementation of an Environmental Management System (EMS) by Resolution No. 05-0362; and
WHEREAS, on February 23, 2005, City Council authorized to provide a professional services contract to the University of Texas at Arlington/Texas Manufacturing Assistance Center (TMAC) to implement an ISO 9001 Quality Management System for Streets Services by Resolution No. 05-0679; and
WHEREAS, on May 10, 2006, City Council authorized a professional services contract to implement an ISO 9001 Quality Management System in thirteen City departments by Resolution No. 06-1417;and
WHEREAS, on November 11, 2007 City Council authorized a professional services contract with Bureau Veritas Certification North America for the registration of City departments to the International Organization for Standardization 9001, 14001 and Occupational Health and Safety Management System 18001 by Resolution No. 07-3278.
Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That the City Manager is authorized to execute a professional services contract with Bureau Veritas Certification North America (VS0000021702), for a thirty-six month professional service contract for the initial registration and re-registration of City of Dallas departments to International Organization for Standardization 9001:2008, 14001:2004 and 18001:2007 in an amount not to exceed $574,275 (Subject to annual appropriations).
Section 2. That the City Controller is authorized to disburse funds, from the following appropriations, in an amount not to exceed $574,275:
FUND DEPT UNIT OBJECT ENCUMBRANCE AMOUNT FY11 0001 MGT 1248 3070 MGT1248BV003 $175,150 FY12 0001 MGT 1248 3070 MGT1248BV004 $169,725 FY13 0001 MGT 1248 3070 MGT1248BV005 $200,725 FY14 0001 MGT 1248 3070 MGT1248BV006 $ 28,675
Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved.
AGENDA ITEM # 21 KEY FOCUS AREA: Better Cultural, Arts and Recreational Amenities
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): 14
DEPARTMENT: Park & Recreation
CMO: Paul D. Dyer, 670-4071
MAPSCO: 36-Q ______
SUBJECT
Authorize a contract for a new loop trail and connecting sidewalks at Tietze Park located at 3700 Skillman Street - LDM Investments, Inc. dba LDM Design and Construction, lowest responsible bidder of twelve - Not to exceed $254,808 - Financing: 2006 Bond Funds
BACKGROUND
On October 28, 2010, twelve bids were received for a new loop trail and connecting sidewalks at Tietze Park. This item authorizes award of the construction contract to LDM Investments, Inc. dba LDM Design and Construction for the Base Bid and Alternate Nos. 1A, 1B, 1C, 1D, 1E, 2, 3, 4, 5, 6A, 6B, 6C, 6D, 7, 8, 9, 10 and 11, with a total bid amount of $254,808.
LDM Investments, Inc. dba LDM Design and Construction, has had no contractual activities with the City of Dallas for the past three years.
ESTIMATED SCHEDULE OF PROJECT
Began Design April 2009 Completed Design September 2010 Begin Construction January 2011 Complete Construction October 2011
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Park and Recreation Board authorized the advertisement for bids on April 1, 2010.
The Park and Recreation Board authorized award of the contract on November 18, 2010. FISCAL INFORMATION
2006 Bond Funds - $254,808
M/WBE INFORMATION
See attached.
ETHNIC COMPOSITION
LDM Investments, Inc. dba LDM Design and Construction
White Male 1 White Female 1 Black Male 0 Black Female 1 Hispanic Male 0 Hispanic Female 0 Other Male 0 Other Female 0
BID INFORMATION
The following twelve bids with quotes were received and opened on October 28, 2010:
*Denotes successful bidder
Alter. Nos. 1A,1B,1C, 1D,1E,2,3,4,5,6A,6B, Bidders Base Bid 6C,6D,7,8,9,10 & 11** Total Bid
*LDM Investment, Inc. dba LDM $174,640.00 $80,168.00 $254,808.00 Design and Construction 3824 Cedar Springs, #516 Dallas, TX Wall Enterprises $164,700.00 $103,100.00 $267,800.00 Stark Built, LTD. $193,027.10 $75,341.00 $268,368.10 H-B Construction, Inc. $199,040.00 $100,343.00 $299,383.00 MacVal Associates, LLC $206,900.00 $99,700.00 $306,600.00 Ratliff Hardscape, Ltd. $207,165.00 $103,197.00 $310,362.00 C. Green Scaping, L.P. $220,596.00 $91,454.00 $312,050.00 Irricon Construction $213,275.00 $100,251.00 $313,526.00 RoeschCo Construction, Inc. $221,400.00 $98,000.00 $319,400.00 Northstar Construction, Inc. $212,900.00 $106,800.00 $319,700.00 Primestar Development Corporation $232,000.00 $86,100.00 $318,100.00 dba Primestar Construction Texas Standard Construction, Ltd. $251,400.00 $100,400.00 $351,800.00
**Alternate No. 1A - provides for a bench and a concrete pad. **Alternate No. 1B - provides for benches and concrete pads.
Agenda Date 12/08/2010 - page 2 BID INFORMATION (Continued)
**Alternate No. 1C - provides for a bench and a concrete pad. **Alternate No. 1D - provides for a bench and a concrete pad. **Alternate No. 1E - provides for a bench and a concrete pad. **Alternate No. 2 - provides for installation of brick pavers. **Alternate No. 3 - provides for installation of drinking fountains. **Alternate No. 4 - provides for installation of solar powered trash receptacle. **Alternate No. 5 - provides for installation of tubular steel fence with concrete mow strip at basketball court. **Alternate No. 6A - provides for installation of trash receptacles and a concrete pad. **Alternate No. 6B - provides for installation of trash receptacles and a concrete pad. **Alternate No. 6C - provides for installation of trash receptacles and a concrete pad. **Alternate No. 6D - provides for installation of trash receptacles and a concrete pad. **Alternate No. 7 - provides for picnic tables. **Alternate No. 8 - provides for portable restroom enclosure. **Alternate No. 9 - provides for mile markers. **Alternate No. 10 - provides for shade structure. **Alternate No. 11 - provides for non-dry kiln portland cement.
OWNER
LDM Investments, Inc. dba LDM Design and Construction
Dorothy Modabberi, President
MAP
Attached
Agenda Date 12/08/2010 - page 3 BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY
PROJECT: Authorize a contract for a new loop trail and connecting sidewalks at Tietze Park located at 3700 Skillman Street - LDM Investments, Inc. dba LDM Design and Construction, lowest responsible bidder of twelve - Not to exceed $254,808 - Financing: 2006 Bond Funds
LDM Investments, Inc. dba LDM Design and Construction is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Construction ______
LOCAL/NON-LOCAL CONTRACT SUMMARY Amount Percent Total local contracts $208,452.00 81.81% Total non-local contracts $46,356.00 18.19% ------TOTAL CONTRACT $254,808.00 100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION
Local Contractors / Sub-Contractors
Local Certification Amount Percent Logan Trucking BMMB46490N0911 $10,000.00 4.80% The Playwell Group HFDB45249Y0511 $5,330.31 2.56% Image Concrete WFDB4678SY1011 $39,000.00 18.71% ------Total Minority - Local $54,330.31 26.06%
Non-Local Contractors / Sub-Contractors
Non-local Certification Amount Percent Site Source WFSBE672110611 $21,221.00 45.78% Big Belly Ardite WFDB44898Y0411 $4,105.00 8.86% Brock Environmental WFWB46473Y0911 $1,450.00 3.13% ------Total Minority - Non-local $26,776.00 57.76% TOTAL M/WBE CONTRACT PARTICIPATION Local Percent Local & Non-Local Percent African American $10,000.00 4.80% $10,000.00 3.92% Hispanic American $5,330.31 2.56% $5,330.31 2.09% Asian American $0.00 0.00% $0.00 0.00% Native American $0.00 0.00% $0.00 0.00% WBE $39,000.00 18.71% $65,776.00 25.81% ------Total $54,330.31 26.06% $81,106.31 31.83% Tietze Park
Council District 14
.
RD
S
M ABRA
2700 Skillman Street Mapsco # 36-Q COUNCIL CHAMBER
December 8, 2010
WHEREAS, on October 28, 2010, twelve bids were received for a new loop trail and connecting sidewalks at Tietze Park located at 3700 Skillman Street.
Alter. Nos. 1A,1B,1C, 1D,1E,2,3,4,5,6A,6B, Bidders Base Bid 6C,6D,7,8,9,10 & 11** Total Bid
LDM Investment, Inc. dba LDM $174,640.00 $80,168.00 $254,808.00 Design and Construction Wall Enterprises $164,700.00 $103,100.00 $267,800.00 Stark Built, LTD. $193,027.10 $75,341.00 $268,368.10 H-B Construction, Inc. $199,040.00 $100,343.00 $299,383.00 MacVal Associates, LLC $206,900.00 $99,700.00 $306,600.00 Ratliff Hardscape, Ltd. $207,165.00 $103,197.00 $310,362.00 C. Green Scaping, L.P. $220,596.00 $91,454.00 $312,050.00 Irricon Construction $213,275.00 $100,251.00 $313,526.00 RoeschCo Construction, Inc. $221,400.00 $98,000.00 $319,400.00
Northstar Construction, Inc. $212,900.00 $106,800.00 $319,700.00 Primestar Development Corporation $232,000.00 $86,100.00 $318,100.00 dba Primestar Construction Texas Standard Construction, Ltd. $251,400.00 $100,400.00 $351,800.00
**Alternate No. 1A - provides for a bench and a concrete pad. **Alternate No. 1B - provides for benches and concrete pads. **Alternate No. 1C - provides for a bench and a concrete pad. **Alternate No. 1D - provides for a bench and a concrete pad. **Alternate No. 1E - provides for a bench and a concrete pad. **Alternate No. 2 - provides for installation of brick pavers. **Alternate No. 3 - provides for installation of drinking fountains. **Alternate No. 4 - provides for installation of solar powered trash receptacle. **Alternate No. 5 - provides for installation of tubular steel fence with concrete mow strip at basketball court. **Alternate No. 6A - provides for installation of trash receptacles and a concrete pad. **Alternate No. 6B - provides for installation of trash receptacles and a concrete pad. **Alternate No. 6C - provides for installation of trash receptacles and a concrete pad. **Alternate No. 6D - provides for installation of trash receptacles and a concrete pad. **Alternate No. 7 - provides for picnic tables. **Alternate No. 8 - provides for portable restroom enclosure. **Alternate No. 9 - provides for mile markers. **Alternate No. 10 - provides for shade structure. **Alternate No. 11 - provides for non-dry kiln portland cement. COUNCIL CHAMBER
December 8, 2010
Now, Therefore,
BE IT RESOLVED BY THE PARK AND RECREATION BOARD AND THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That the City Manager is hereby authorized to enter into a contract with LDM Investments, Inc. dba LDM Design and Construction for a new loop trail and connecting sidewalks at Tietze Park, in an amount not to exceed $254,808.
SECTION 2. That the President of the Park and Recreation Board and the City Manager be authorized to execute a contract with LDM Investments, Inc. dba LDM Design and Construction, after approval as to form by the City Attorney's Office.
SECTION 3. That the City Controller be and is hereby authorized to pay the amount of $254,808 to LDM Investments, Inc. dba LDM Design and Construction, as follows:
(2006) Park and Recreation Facilities Improvements Fund Fund 8T00, Department PKR, Unit T294, Object 4599 Activity RFSI, Program PK06T294, CT-PKR10019211 Commodity 91200, Vendor VS0000057387 $37,568.55
(2006) Park and Recreation Facilities Improvement Fund Fund 7T00, Department PKR, Unit T294, Object 4599 Activity RFSI, Program PK06T294, CT-PKR10019211 Commodity 91200, Vendor VS0000057387 $217,239.45
Total amount not to exceed $254,808.00
SECTION 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. AGENDA ITEM # 22 KEY FOCUS AREA: Better Cultural, Arts and Recreational Amenities
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): 9
DEPARTMENT: Park & Recreation
CMO: Paul D. Dyer, 670-4071
MAPSCO: 39-F ______
SUBJECT
Authorize a contract for a new pavilion and site furnishings at Cotillion Park located at 3600 Barnes Bridge Road - RoeschCo Construction, Inc., best value proposer of five - Not to exceed $282,000 - Financing: 2006 Bond Funds
BACKGROUND
This action will award a contract for a new pavilion and site furnishings at Cotillion Park to RoeschCo Construction, Inc., best value proposer of five, in an amount not to exceed $282,000.
On September 30, 2010, five proposals were received and it was determined that RoeschCo Construction, Inc. was the best value proposer. Proposals based on RFCSP are evaluated on pre-set criteria which includes cost, qualifications of the prime contractor, construction amount and schedule ratings, which are based on mathematical formulas, with the best price and best schedule being given the highest scores. Ratings "1" to "10" are given for each criterion with "10" being the best rating. These ratings are multiplied by the weighting to obtain the score for each criteria.
The following is a list of the rating criteria and values for each criteria:
Rating Criteria Value
1. Proposed Construction Contract Award 50% 2. Qualifications/Experience/References for Prime Firm 20% 3. Subcontractor Experience 5% 4. Business Inclusion and Development Plan 15% 5. Financial Sufficiency 5% 6. Schedule/Time of Completion 5% 100% ESTIMATED SCHEDULE OF PROJECT
Began Design April 2009 Completed Design July 2010 Begin Construction January 2011 Complete Construction October 2011
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Park and Recreation Board authorized the advertisement for a Request for Competitive Sealed Proposals on May 6, 2010.
The Park and Recreation Board authorized award of the contract on November 18, 2010.
FISCAL INFORMATION
2006 Bond Funds - $282,000
M/WBE INFORMATION
See attached.
ETHNIC COMPOSITION
RoeschCo Construction, Inc.
White Male 1 White Female 2 Black Male 0 Black Female 0 Hispanic Male 2 Hispanic Female 0 Other Male 0 Other Female 0
Agenda Date 12/08/2010 - page 2 PROPOSAL INFORMATION
The following five proposals with quotes were received and opened on September 30, 2010:
*Denotes successful proposer
Alternate Nos. 1, 2,3,4 and 5 and Proposers Base Bid Special Alternate** Total Bid Scores
*RoeschCo Construction, Inc. $264,000 $18,000 $282,000 849 14205 Red Oak Circle North McKinney, TX Davitz Group $386,000 $27,200 $413,200 681 Metric Concrete Services, Inc. $387,163 $54,341 $441,504 624 Texas Standard Construction, Ltd. $299,000 $76,500 $375,500 624 SCM Construction $435,958 $27,553 $463,511 567
**Alternate No. 1 - provides for trash receptacles. **Alternate No. 2 - provides for a grill. **Alternate No. 3 - provides for concrete seatwalls and additional decomposed granite. **Alternate No. 4 - provides for concrete seatwalls and associated sandblasted concrete band. **Alternate No. 5 - provides for new concrete paving in lieu of asphalt paving at parking lot. **Special Alternate - provides for non-dry kiln portland cement.
Note: After value engineering, the final offer from RoeschCo Construction, Inc. for Base Bid, Alternate Nos. 1, 2, 3, 4 and 5 and Special Alternate was $282,000.
OWNERS
RoeschCo Construction, Inc.
Marcie L. Roeschley, President Sarah N. Roeschley, Vice President Keith R. Roeschley, Secretary/Treasurer
MAP
Attached
Agenda Date 12/08/2010 - page 3 BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY
PROJECT: Authorize a contract for a new pavilion and site furnishings at Cotillion Park located at 3600 Barnes Bridge Road - RoeschCo Construction, Inc., best value proposer of five - Not to exceed $282,000 - Financing: 2006 Bond Funds
RoeschCo Construction, Inc. is a non-local, minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Construction ______
LOCAL/NON-LOCAL CONTRACT SUMMARY Amount Percent Total local contracts $36,289.00 12.87% Total non-local contracts $245,711.00 87.13% ------TOTAL CONTRACT $282,000.00 100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION
Local Contractors / Sub-Contractors
Local Certification Amount Percent Charles Martin Enterprises BMDB44576Y0311 $15,000.00 41.33% Roderick Lee Electrical BMDB44986Y0411 $8,725.00 24.04% Image Concrete, Inc. WFDB46785Y1011 $11,280.00 31.08% Universal Fence Company, Inc. WFDB44291N0211 $1,284.00 3.54% ------Total Minority - Local $36,289.00 100.00%
Non-Local Contractors / Sub-Contractors
Non-local Certification Amount Percent
RoeschCo Construction, Inc. WFWB45132N0511 $134,831.00 54.87% ------Total Minority - Non-local $134,831.00 54.87%
TOTAL M/WBE CONTRACT PARTICIPATION Local Percent Local & Non-Local Percent African American $23,725.00 65.38% $23,725.00 8.41% Hispanic American $0.00 0.00% $0.00 0.00% Asian American $0.00 0.00% $0.00 0.00% Native American $0.00 0.00% $0.00 0.00% WBE $12,564.00 34.62% $147,395.00 52.27% ------Total $36,289.00 100.00% $171,120.00 60.68% Cotillion Park Council District 9
3600 Barnes Bridge Road Mapsco # 39-F
COUNCIL CHAMBER
December 8, 2010
WHEREAS, on September 30, 2010, five proposals were received for a new pavilion and site furnishings at Cotillion Park located at 3600 Barnes Bridge Road; and
Alternate Nos. 1, 2,3,4 and 5 and Proposers Base Bid Special Alternate** Total Bid Scores
RoeschCo Construction, Inc. $264,000 $18,000 $282,000 849 Davitz Group $386,000 $27,200 $413,200 681 Metric Concrete Services, Inc. $387,163 $54,341 $441,504 624 Texas Standard Construction, Ltd. $299,000 $76,500 $375,500 624 SCM Construction $435,958 $27,553 $463,511 567
**Alternate No. 1 - provides for trash receptacles. **Alternate No. 2 - provides for a grill. **Alternate No. 3 - provides for concrete seatwalls and additional decomposed granite. **Alternate No. 4 - provides for concrete seatwalls and associated sandblasted concrete band. **Alternate No. 5 - provides for new concrete paving in lieu of asphalt paving at parking lot. **Special Alternate - provides for non-dry kiln portland cement.
Note: After value engineering, the final offer from RoeschCo Construction, Inc. for Base Bid, Alternate Nos. 1, 2, 3, 4 and 5 and Special Alternate was $282,000.
WHEREAS, it has been determined that acceptance of the final and best offer from RoeschCo Construction, Inc., in an amount not to exceed $282,000 is the best value for the City of Dallas.
Now, Therefore,
BE IT RESOLVED BY THE PARK AND RECREATION BOARD AND THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That the City Manager is hereby authorized to enter into a contract with RoeschCo Construction, Inc. for a new pavilion and site furnishings at Cotillion Park, in an amount not to exceed $282,000.
SECTION 2. That the President of the Park and Recreation Board and the City Manager be authorized to execute a contract with RoeschCo Construction, Inc., after approval as to form by the City Attorney's Office. COUNCIL CHAMBER
December 8, 2010
SECTION 3. That the City Controller be and is hereby authorized to pay the amount of $282,000 to RoeschCo Construction, Inc. from (2006) Park and Recreation Facilities Improvement Fund, Fund 8T00, Department PKR, Unit T053, Object 4310, Activity RFSI, Program PK03K140, CT-PKR10019205, Commodity 91200, Vendor VS0000057213.
SECTION 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. AGENDA ITEM # 23 KEY FOCUS AREA: Better Cultural, Arts and Recreational Amenities
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): 4, 5
DEPARTMENT: Park & Recreation
CMO: Paul D. Dyer, 670-4071
MAPSCO: 58-F ______
SUBJECT
Authorize a contract for a new pavilion at Umphress Park located at 7700 Umphress Road - MetalMan Design/Build Corporation, best value proposer of five - Not to exceed $281,854 - Financing: 2003 Bond Funds
BACKGROUND
This action will award a contract for a new pavilion at Umphress Park to MetalMan Design/Build Corporation, best value proposer of five, in an amount not to exceed $281,854.
On August 5, 2010, five proposals were received and it was determined that MetalMan Design/Build Corporation was the best value proposer. Proposals based on RFCSP are evaluated on pre-set criteria which includes cost, qualifications of the prime contractor, construction amount and schedule ratings, which are based on mathematical formulas, with the best price and best schedule being given the highest scores. Ratings "1" to "10" are given for each criterion with "10" being the best rating. These ratings are multiplied by the weighting to obtain the score for each criteria.
The following is a list of the rating criteria and values for each criteria:
Rating Criteria Value
1. Proposed Construction Contract Award 40% 2. Qualifications/Experience/References for Prime Firm 20% 3. Subcontractor Experience 15% 4. Business Inclusion and Development Plan 15% 5. Financial Sufficiency 5% 6. Schedule/Time of Completion 5% 100% ESTIMATED SCHEDULE OF PROJECT
Began Design February 2007 Completed Design February 2009 Begin Construction January 2011 Complete Construction August 2011
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Park and Recreation Board authorized the advertisement for a Request for Competitive Sealed Proposals on August 6, 2009.
The Park and Recreation Board authorized award of the contract on November 18, 2010.
FISCAL INFORMATION
2003 Bond Funds - $281,854
Council District Amount
4 $140,927 5 $140,927
Total $281,854
M/WBE INFORMATION
See attached.
ETHNIC COMPOSITION
MetalMan Design/Build Corporation
White Male 1 White Female 0 Black Male 0 Black Female 0 Hispanic Male 5 Hispanic Female 0 Other Male 0 Other Female 1
Agenda Date 12/08/2010 - page 2 PROPOSAL INFORMATION
The following five proposals with quotes were received and opened on August 5, 2010:
*Denotes successful proposer Alternate No. 1 & Proposers Base Bid Special Alternate** Total Bid Scores
*MetalMan Design/Build Corporation $269,438 $16,416 $281,854 2649.53 4806 Norma Street, Dallas, TX Phoenix I Restoration and $312,000 $14,800 $326,800 2458.53 Construction, Ltd. Gilbert Construction Group, Inc. $335,000 $28,500 $363,500 2204.93 A S Con, Inc. $230,000 $29,000 $259,000 1949.71 XLNT Group, Inc. $344,416 $34,000 $378,416 1907.13
**Alternate No. 1 - provides for stainless steel furniture toppings. **Special Alternate - provides for dry kiln process.
Note: After value engineering, the final offer from MetalMan Design/Build Corporation for Base Bid, Alternate No. 1 and Special Alternate was $281,854.
OWNERS
MetalMan Design/Build Corporation
Tamara Crooks, President/Secretary/Treasurer J.V. McLure, Vice President Frank Argumaniz, Vice President
MAP
Attached
Agenda Date 12/08/2010 - page 3 BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY
PROJECT: Authorize a contract for a new pavilion at Umphress Park located at 7700 Umphress Road - MetalMan Design/Build Corporation, best value proposer of five - Not to exceed $281,854 - Financing: 2003 Bond Funds
MetalMan Design/Build Corporation is a local, minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Construction ______
LOCAL/NON-LOCAL CONTRACT SUMMARY Amount Percent Total local contracts $273,514.00 97.04% Total non-local contracts $8,340.00 2.96% ------TOTAL CONTRACT $281,854.00 100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION
Local Contractors / Sub-Contractors
Local Certification Amount Percent MetalMan Design/Build Coporation PFDB43912Y0111 $272,447.74 99.61% Universal Fence Co. WFDB44291N0211 $1,066.26 0.39% ------Total Minority - Local $273,514.00 100.00%
Non-Local Contractors / Sub-Contractors
None
TOTAL M/WBE CONTRACT PARTICIPATION Local Percent Local & Non-Local Percent African American $0.00 0.00% $0.00 0.00% Hispanic American $0.00 0.00% $0.00 0.00% Asian American $272,447.74 99.61% $272,447.74 96.66% Native American $0.00 0.00% $0.00 0.00% WBE $1,066.26 0.39% $1,066.26 0.38% ------Total $273,514.00 100.00% $273,514.00 97.04% Umphress Park Council Districts 4, 5
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7700 Umphress Road Mapsco 58-F
COUNCIL CHAMBER
December 8, 2010
WHEREAS, on August 5, 2010, five proposals were received for a new pavilion at Umphress Park located at 7700 Umphress Road; and
Alternate No. 1 & Proposers Base Bid Special Alternate** Total Bid Scores
MetalMan Design/Build Corporation $269,438 $16,416 $281,854 2649.53 Phoenix I Restoration and $312,000 $14,800 $326,800 2458.53 Construction, Ltd. Gilbert Construction Group, Inc. $335,000 $28,500 $363,500 2204.93 A S Con, Inc. $230,000 $29,000 $259,000 1949.71 XLNT Group, Inc. $344,416 $34,000 $378,416 1907.13
**Alternate No. 1 - provides for stainless steel furniture toppings. **Special Alternate - provides for dry kiln process.
Note: After value engineering, the final offer from MetalMan Design/Build Corporation for Base Bid, Alternate No. 1 and Special Alternate was $281,854.
WHEREAS, it has been determined that acceptance of the final and best offer from MetalMan Design/Build Corporation, in an amount of $281,854 is the best value for the City of Dallas.
Now, Therefore,
BE IT RESOLVED BY THE PARK AND RECREATION BOARD AND THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That the City Manager is hereby authorized to enter into a contract with MetalMan Design/Build Corporation for a new pavilion at Umphress Park, in an amount not to exceed $281,854.
SECTION 2. That the President of the Park and Recreation Board and the City Manager be authorized to execute a contract with MetalMan Design/Build Corporation, after approval as to form by the City Attorney's Office.
SECTION 3. That the City Controller be and is hereby authorized to pay the amount of $281,854 to MetalMan Design/Build Corporation, as follows:
(2003) Neighborhood Park and Recreation Facilities Fund Fund 3R05, Department PKR, Unit K283, Object 4310 Activity COPK, Program PK03K283, CT-PKR10019208 Commodity 91200, Vendor 358271 $9,966.96 COUNCIL CHAMBER
December 8, 2010
SECTION 3. (Continued)
(2003) Neighborhood Park and Recreation Facilities Fund Fund 4R05, Department PKR, Unit K283, Object 4310 Activity COPK, Program PK03K283, CT-PKR10019208 Commodity 91200, Vendor 358271 $73,871.00
(2003) Neighborhood Park and Recreation Facilities Fund Fund 5R05, Department PKR, Unit K283, Object 4310 Activity COPK, Program PK03K283, CT-PKR10019208 Commodity 91200, Vendor 358271 $58,879.74
(2003) Neighborhood Park and Recreation Facilities Fund Fund 6R05, Department PKR, Unit K283, Object 4310 Activity COPK, Program PK03K283, CT-PKR10019208 Commodity 91200, Vendor 358271 $139,136.30
Total amount not to exceed $281,854.00
SECTION 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. AGENDA ITEM # 24 KEY FOCUS AREA: Better Cultural, Arts and Recreational Amenities
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): 2
DEPARTMENT: Park & Recreation
CMO: Paul D. Dyer, 670-4071
MAPSCO: 45-D ______
SUBJECT
Authorize a contract for a playground replacement and replacement of the existing multi-use court at Walford Park located at 1700 North Haskell Avenue - Henneberger Construction, Inc., lowest responsible bidder of eleven - Not to exceed $107,730 - Financing: 2006 Bond Funds
BACKGROUND
On October 28, 2010, eleven bids were received for a playground replacement and replacement of the existing multi-use court at Walford Park. This item authorizes award of the construction contract to Henneberger Construction, Inc. for the Base Bid and Alternate Nos. 2, 4, 5, 6, and 7, with a total bid amount of $107,730.
The following chart illustrates Henneberger Construction, Inc.'s contractual activities with the City of Dallas for the past three years:
PWT DWU PKR
Projects Completed 0 0 3 Change Orders 0 0 3 Projects Requiring Liquidated Damages 0 0 0 Projects Completed by Bonding Company 0 0 0
ESTIMATED SCHEDULE OF PROJECT
Began Design March 2009 Completed Design October 2010 Begin Construction January 2011 Complete Construction July 2011 PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Park and Recreation Board authorized the advertisement for bids on April 1, 2010.
The Park and Recreation Board authorized award of the contract on November 18, 2010.
FISCAL INFORMATION
2006 Bond Funds - $107,730
M/WBE INFORMATION
See attached.
ETHNIC COMPOSITION
Henneberger Construction, Inc.
White Male 1 White Female 1 Black Male 0 Black Female 0 Hispanic Male 0 Hispanic Female 0 Other Male 0 Other Female 0
BID INFORMATION
The following eleven bids with quotes were received and opened on October 28, 2010:
*Denotes successful bidder
Alternate Nos. Bidders Base Bid 2,4,5,6, and 7** Total Bid
*Henneberger Construction, Inc. $66,532.00 $41,198.00 $107,730.00 8928 Fairglen Drive, Dallas, TX LDM Design Investments, Inc. dba $71,560.00 $44,393.75 $115,953.75 LDM Design and Construction A S Con, Inc. $78,000.00 $39,450.00 $117,450.00 C. Green Scaping, L.P. $79,465.00 $43,883.50 $123,348.50 H-B Construction, Inc. $84,604.00 $45,161.00 $129,765.00 Wall Enterprises $80,800.00 $54,300.00 $135,100.00 Primestar Development Corporation $98,000.00 $48,300.00 $146,300.00 dba Primestar Construction Texas Standard Construction, Ltd. $101,500.00 $47,000.00 $148,500.00 RoeschCo Construction, Inc. $99,700.00 $55,000.00 $154,700.00
Agenda Date 12/08/2010 - page 2 BID INFORMATION (Continued)
Alternate Nos. Bidders Base Bid 2,4,5,6, and 7** Total Bid
MEB Construction, LLC $125,600.00 $44,952.00 $170,552.00 C.R. Reynolds, Inc. $148,000.00 $48,200.00 $196,200.00
**Alternate No. 2 - provides for installation of a playground equipment. **Alternate No. 4 - provides for construction of a concrete walkway. **Alternate No. 5 - provides for construction of concrete radial bands. **Alternate No. 6 - provides for installation of a chain link fence. **Alternate No. 7 - provides for installation of site furnishings.
OWNERS
Henneberger Construction, Inc.
Cynthia Henneberger, President Dwight Henneberger, Vice President
MAP
Attached
Agenda Date 12/08/2010 - page 3 BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY
PROJECT: Authorize a contract for a playground replacement and replacement of the existing multi-use court at Walford Park located at 1700 North Haskell Avenue - Henneberger Construction, Inc., lowest responsible bidder of eleven - Not to exceed $107,730 - Financing: 2006 Bond Funds
Henneberger Construction, Inc. is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Construction ______
LOCAL/NON-LOCAL CONTRACT SUMMARY Amount Percent Total local contracts $107,730.00 100.00% Total non-local contracts $0.00 0.00% ------TOTAL CONTRACT $107,730.00 100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION
Local Contractors / Sub-Contractors
Local Certification Amount Percent S & L Construction HMMB45645N0611 $4,560.00 4.23% Recreation Consultants of Texas WFWB46581N0911 $22,628.00 21.00% ------Total Minority - Local $27,188.00 25.24%
Non-Local Contractors / Sub-Contractors
None
TOTAL M/WBE CONTRACT PARTICIPATION Local Percent Local & Non-Local Percent African American $0.00 0.00% $0.00 0.00% Hispanic American $4,560.00 4.23% $4,560.00 4.23% Asian American $0.00 0.00% $0.00 0.00% Native American $0.00 0.00% $0.00 0.00% WBE $22,628.00 21.00% $22,628.00 21.00% ------Total $27,188.00 25.24% $27,188.00 25.24% Walford Park Council District 2
1700 North Haskell Avenue Mapsco # 45-D
COUNCIL CHAMBER
December 8, 2010
WHEREAS, on October 28, 2010, eleven bids were received for a playground replacement and replacement of the existing multi-use court at Walford Park located at 1700 North Haskell Avenue.
Alternate Nos. Bidders Base Bid 2,4,5,6, and 7** Total Bid
Henneberger Construction, Inc. $66,532.00 $41,198.00 $107,730.00 LDM Design Investments, Inc. dba $71,560.00 $44,393.75 $115,953.75 LDM Design and Construction A S Con, Inc. $78,000.00 $39,450.00 $117,450.00 C. Green Scaping, L.P. $79,465.00 $43,883.50 $123,348.50 H-B Construction, Inc. $84,604.00 $45,161.00 $129,765.00 Wall Enterprises $80,800.00 $54,300.00 $135,100.00 Primestar Development Corporation $98,000.00 $48,300.00 $146,300.00 dba Primestar Construction Texas Standard Construction, Ltd. $101,500.00 $47,000.00 $148,500.00 RoeschCo Construction, Inc. $99,700.00 $55,000.00 $154,700.00 MEB Construction, LLC $125,600.00 $44,952.00 $170,552.00 C.R. Reynolds, Inc. $148,000.00 $48,200.00 $196,200.00
**Alternate No. 2 - provides for installation of a playground equipment. **Alternate No. 4 - provides for construction of a concrete walkway. **Alternate No. 5 - provides for construction of concrete radial bands. **Alternate No. 6 - provides for installation of a chain link fence. **Alternate No. 7 - provides for installation of site furnishings.
Now, Therefore,
BE IT RESOLVED BY THE PARK AND RECREATION BOARD AND THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That the City Manager is hereby authorized to enter into a contract with Henneberger Construction, Inc. for a playground replacement and replacement of the existing multi-use court at Walford Park, in an amount not to exceed $107,730.
SECTION 2. That the President of the Park and Recreation Board and the City Manager be authorized to execute a contract with Henneberger Construction, Inc., after approval as to form by the City Attorney's Office. COUNCIL CHAMBER
December 8, 2010
SECTION 3. That the City Controller be and is hereby authorized to pay the amount of $107,730 to Henneberger Construction, Inc., as follows:
(2006) Park and Recreation Facilities Improvement Fund Fund 8T00, Department PKR, Unit T315, Object 4599 Activity RFSI, Program PK06T315, CT-PKR10019210 Commodity 91200, Vendor 331939 $14,072.50
(2006) Park and Recreation Facilities Improvement Fund Fund 9T00, Department PKR, Unit T315, Object 4599 Activity RFSI, Program PK06T315, CT-PKR10019210 Commodity 91200, Vendor 331939 $93,657.50
Total amount not to exceed $107,730.00
SECTION 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. AGENDA ITEM # 25 KEY FOCUS AREA: Better Cultural, Arts and Recreational Amenities
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): 6
DEPARTMENT: Park & Recreation
CMO: Paul D. Dyer, 670-4071
MAPSCO: 33-C ______
SUBJECT
Authorize a contract for Phase II for a trail reconstruction to include erosion control improvements, new asphalt loop trail, and landscaping at Bachman Lake Park located at 3500 Northwest Highway - Riverway Contractors and Management, Inc., lowest responsible bidder of seven - Not to exceed $604,600 - Financing: 2006 Bond Funds
BACKGROUND
On October 28, 2010, seven bids were received for a trail reconstruction to include erosion control improvements, new asphalt loop trail, and landscaping at Bachman Lake Park. This item authorizes award of the construction contract to Riverway Contractors and Management, Inc. for the Base Bid and Alternate Nos. 1A, 1B, 1C and 1D with a total bid amount of $604,600.
The following chart illustrates Riverway Contractors and Management, Inc.'s contractual activities with the City of Dallas for the past three years:
PWT DWU PKR
Projects Completed 0 0 2 Change Orders 0 0 5 Projects Requiring Liquidated Damages 0 0 0 Projects Completed by Bonding Company 0 0 0
ESTIMATED SCHEDULE OF PROJECT
Began Design January 2005 Completed Design January 2006 Begin Construction January 2011 Complete Construction June 2011 PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Park and Recreation Board authorized the advertisement for bids on April 20, 2006.
The Park and Recreation Board authorized award of the contract on November 18, 2010.
FISCAL INFORMATION
2006 Bond Funds - $604,600
M/WBE INFORMATION
See attached.
ETHNIC COMPOSITION
Riverway Contractors and Management, Inc.
White Male 1 White Female 1 Black Male 0 Black Female 0 Hispanic Male 2 Hispanic Female 0 Other Male 0 Other Female 0
BID INFORMATION
The following seven bids with quotes were received and opened on October 28, 2010:
*Denotes successful bidder
Alternate Nos. Bidders Base Bid 1A,1B,1C & 1D** Total Bid
*Riverway Contractors and $315,200.00 $289,400.00 $604,600.00 Management, Inc. 4237 Lively Lane, Dallas, TX C. Green Scaping, L.P. $336,711.25 $288,083.00 $624,794.25 Irricon Construction $360,750.00 $353,128.00 $713,878.00 Wall Enterprises $385,300.00 $343,100.00 $728,400.00 Texas Standard Construction, Ltd. $407,917.00 $370,864.00 $778,781.00
Agenda Date 12/08/2010 - page 2 BID INFORMATION (Continued)
Alternate Nos. Bidders Base Bid 1A,1B,1C & 1D** Total Bid
Geotechnical Environmental Systems $453,100.00 $394,700.00 $847,800.00 The Fain Group, Inc. $457,300.00 $405,700.00 $863,000.00
**Alternate No. 1A - provides for demolition. **Alternate No. 1B - provides for site construction. **Alternate No. 1C - provides for landscaping. **Alternate No. 1D - provides for fencing.
OWNERS
Riverway Contractors and Management, Inc.
Richard Hightower, President/Vice President Sherry Hightower, Secretary/Treasurer
MAP
Attached
Agenda Date 12/08/2010 - page 3 BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY
PROJECT: Authorize a contract for Phase II for a trail reconstruction to include erosion control improvements, new asphalt loop trail, and landscaping at Bachman Lake Park located at 3500 Northwest Highway - Riverway Contractors and Management, Inc., lowest responsible bidder of seven - Not to exceed $604,600 - Financing: 2006 Bond Funds
Riverway Contractors and Management, Inc. is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Construction ______
LOCAL/NON-LOCAL CONTRACT SUMMARY Amount Percent Total local contracts $417,524.50 69.06% Total non-local contracts $187,075.50 30.94% ------TOTAL CONTRACT $604,600.00 100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION
Local Contractors / Sub-Contractors
Local Certification Amount Percent I & H Concrete Cutting BMDB45871Y0711 $400.00 0.10% Nelly's Tree Company HFDB45165Y0511 $20,425.00 4.89% A&R Rent a Fence HFWB45319N0511 $4,210.00 1.01% J.T. Dersner, Inc. WFDB44044Y0111 $55,700.00 13.34% ------Total Minority - Local $80,735.00 19.34%
Non-Local Contractors / Sub-Contractors
Non-local Certification Amount Percent
Walker Electrical BMMB46755N1011 $20,005.00 10.69% ------Total Minority - Non-local $20,005.00 10.69% TOTAL M/WBE CONTRACT PARTICIPATION Local Percent Local & Non-Local Percent African American $400.00 0.10% $20,405.00 3.37% Hispanic American $24,635.00 5.90% $24,635.00 4.07% Asian American $0.00 0.00% $0.00 0.00% Native American $0.00 0.00% $0.00 0.00% WBE $55,700.00 13.34% $55,700.00 9.21% ------Total $80,735.00 19.34% $100,740.00 16.66% Bachman Lake Park Council District 6
3500 Northwest Highway Mapsco # 33-C COUNCIL CHAMBER
December 8, 2010
WHEREAS, on October 28, 2010, seven bids were received for Phase II for a trail reconstruction to include erosion control improvements, new asphalt loop trail, and landscaping at Bachman Lake Park located at 3500 Northwest Highway.
Alternate Nos. Bidders Base Bid 1A,1B,1C & 1D** Total Bid
Riverway Contractors and $315,200.00 $289,400.00 $604,600.00 Management, Inc. C. Green Scaping, L.P. $336,711.25 $288,083.00 $624,794.25 Irricon Construction $360,750.00 $353,128.00 $713,878.00 Wall Enterprises $385,300.00 $343,100.00 $728,400.00 Texas Standard Construction, Ltd. $407,917.00 $370,864.00 $778,781.00 Geotechnical Environmental Systems $453,100.00 $394,700.00 $847,800.00 The Fain Group, Inc. $457,300.00 $405,700.00 $863,000.00
**Alternate No. 1A - provides for demolition. **Alternate No. 1B - provides for site construction. **Alternate No. 1C - provides for landscaping. **Alternate No. 1D - provides for fencing.
Now, Therefore,
BE IT RESOLVED BY THE PARK AND RECREATION BOARD AND THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That the City Manager is hereby authorized to enter into a contract with Riverway Contractors and Management, Inc. for Phase II for a trail reconstruction to include erosion control improvements, new asphalt loop trail, and landscaping at Bachman Lake Park, in an amount not to exceed $604,600.
SECTION 2. That the President of the Park and Recreation Board and the City Manager be authorized to execute a contract with Riverway Contractors and Management, Inc., after approval as to form by the City Attorney's Office.
SECTION 3. That the City Controller be and is hereby authorized to pay the amount of $604,600 to Riverway Contractors and Management, Inc., as follows:
(2006) Park and Recreation Facilities Improvement Fund Fund 8T00, Department PKR, Unit T012, Object 4599 Activity RFSI, Program PK06T012, CT-PKR10019207 Commodity 91200, Vendor 213792 $60,332 COUNCIL CHAMBER
December 8, 2010
SECTION 3. (Continued)
(2006) Park and Recreation Facilities Improvement Fund Fund BT00, Department PKR, Unit T012, Object 4599 Activity RFSI, Program PK06T012, CT-PKR10019207 Commodity 91200, Vendor 213792 $544,268
Total amount not to exceed $604,600
SECTION 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. AGENDA ITEM # 26 KEY FOCUS AREA: Better Cultural, Arts and Recreational Amenities
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): 3
DEPARTMENT: Park & Recreation
CMO: Paul D. Dyer, 670-4071
MAPSCO: 44-W ______
SUBJECT
Authorize a contract for relocation and restoration of the WPA-era stone pavilion to include removal of the existing parking lot and driveway; and replacement with new parallel parking; construction of new sidewalks; and repair and restoration of stone benches, tables and walls Stevens Park located at 1005 North Montclair Avenue - Gilbert May, Inc. dba Phillips/May Corporation, best value proposer of thirteen - Not to exceed $457,758 - Financing: 2003 Bond Funds
BACKGROUND
This action will award a contract for relocation and restoration of the WPA-era stone pavilion to include removal of the existing parking lot and driveway; and replacement with new parallel parking; construction of new sidewalks; and repair and restoration of stone benches, tables and walls at Stevens Park to Gilbert May, Inc. dba Phillips/May Corporation, best value proposer of thirteen, in an amount not to exceed $457,758.
On September 30, 2010, thirteen proposals were received and it was determined that Gilbert May, Inc. dba Phillips/May Corporation was the best value proposer. Proposals based on RFCSP are evaluated on pre-set criteria which includes cost, qualifications of the prime contractor, construction amount and schedule ratings, which are based on mathematical formulas, with the best price and best schedule being given the highest scores. Ratings "1" to "10" are given for each criterion with "10" being the best rating. These ratings are multiplied by the weighting to obtain the score for each criteria. BACKGROUND (Continued)
The following is a list of the rating criteria and values for each criteria:
Rating Criteria Value
1. Proposed Construction Contract Award 45% 2. Qualifications/Experience/References for Prime Firm 15% 3. Subcontractor Experience 15% 4. Business Inclusion and Development Plan 15% 5. Financial Sufficiency 5% 6. Schedule/Time of Completion 5% 100%
ESTIMATED SCHEDULE OF PROJECT
Began Design May 2008 Completed Design December 2009 Begin Construction January 2011 Complete Construction May 2011
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Park and Recreation Board authorized the advertisement for a Request for Competitive Sealed Proposals on January 21, 2010.
The Park and Recreation Board authorized award of the contract on November 18, 2010.
FISCAL INFORMATION
2003 Bond Funds - $457,758
M/WBE INFORMATION
See attached.
Agenda Date 12/08/2010 - page 2 ETHNIC COMPOSITION
Gilbert May, Inc. dba Phillips/May Corporation
White Male 40 White Female 3 Black Male 1 Black Female 0 Hispanic Male 37 Hispanic Female 8 Other Male 0 Other Female 0
PROPOSAL INFORMATION
The following thirteen proposals with quotes were received and opened on September 30, 2010:
*Denotes successful proposer
Alternate Nos. Proposers Base Bid 2 and 3** Total Bid Scores
*Gilbert May, Inc. dba Phillips/May $443,333.00 $14,425.00 $457,758.00 2474.30 Corporation 4861 Sharp Street, Dallas, TX Phoenix I Restoration and $586,000.00 $11,000.00 $597,000.00 2238.40 Construction, Ltd. MART, Inc. $533,000.00 $8,804.00 $541,804.00 2172.70 FHC Contracting, Inc. $396,998.00 $10,508.00 $396,998.00 2071.90 Healthy Resources Enterprises, $561,887.92 $31,850.00 $593,737.92 1996.00 Inc. RoeschCo Construction, Inc. 1910.60 Texas Standard Construction, $468,500.00 $58,000.00 $526,500.00 1874.80 Ltd. C. Green Scaping, L.P. $562,471.00 $18,350.00 $580,821.00 1835.20 The Fain Group, Inc. $625,640.00 $6,500.00 $632,140.00 1765.90 Sawyers Construction, Inc. $496,000.00 $14,000.00 $510,000.00 1755.20 The Gilbert Construction Group, $610,000.00 $6,500.00 $616,500.00 1715.70 Inc. Hasen Construction Services $704,000.00 $5,500.00 $709,500.00 1637.60 Irricon Construction $741,540.00 $12,000.00 $753,540.00 1086.40
**Alternate No. 2 - provides for wall structure and landscape material. **Alternate No. 3 - provides for stone restoration and grading at Annie Stevens Play Park.
Note: After value engineering, the final offer from Gilbert May, Inc. dba Phillips/May Corporation for Base Bid and Alternate Nos. 2 and 3 was $457,758.
Agenda Date 12/08/2010 - page 3 OWNERS
Gilbert May, Inc. dba Phillips/May Corporation
Gilbert May, President/Treasurer Gilbert L. Phillips, Vice President/Secretary
MAP
Attached
Agenda Date 12/08/2010 - page 4 BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY
PROJECT: Authorize a contract for relocation and restoration of the WPA-era stone pavilion to include removal of the existing parking lot and driveway; and replacement with new parallel parking; construction of new sidewalks; and repair and restoration of stone benches, tables and walls Stevens Park located at 1005 North Montclair Avenue - Gilbert May, Inc. dba Phillips/May Corporation, best value proposer of thirteen - Not to exceed $457,758 - Financing: 2003 Bond Funds
Gilbert May, Inc. dba Phillips/May Corporation is a local, minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Construction ______
LOCAL/NON-LOCAL CONTRACT SUMMARY Amount Percent Total local contracts $259,269.00 56.64% Total non-local contracts $198,489.00 43.36% ------TOTAL CONTRACT $457,758.00 100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION
Local Contractors / Sub-Contractors
Local Certification Amount Percent Grace Construction BMDB45141N0511 $51,546.00 19.88% Gilbert May, Inc. dba Phillips/May Corp. HMMB0466Y0911 $199,623.00 76.99% Carrco Painting Contractors HMDB45243Y0511 $8,100.00 3.12% ------Total Minority - Local $259,269.00 100.00%
Non-Local Contractors / Sub-Contractors
Non-local Certification Amount Percent Electric, Inc. WFWBE17310311 $44,235.00 22.29% Zion Contractors WFDB43923N0111 $8,892.00 4.48% Bear Creek Construction WFWB45836N0711 $3,200.00 1.61% ------Total Minority - Non-local $56,327.00 28.38% TOTAL M/WBE CONTRACT PARTICIPATION Local Percent Local & Non-Local Percent African American $51,546.00 19.88% $51,546.00 11.26% Hispanic American $207,723.00 80.12% $207,723.00 45.38% Asian American $0.00 0.00% $0.00 0.00% Native American $0.00 0.00% $0.00 0.00% WBE $0.00 0.00% $56,327.00 12.30% ------Total $259,269.00 100.00% $315,596.00 68.94% Stevens Park Council District 3
1005 North Montclair Avenue Mapsco #44-W
COUNCIL CHAMBER
December 8, 2010
WHEREAS, on September 30, 2010, thirteen proposals were received for relocation and restoration of the WPA-era stone pavilion to include removal of the existing parking lot and driveway; and replacement with new parallel parking; construction of new sidewalks; and repair and restoration of stone benches, tables and walls at Stevens Park located at 1005 North Montclair Avenue; and
Alternate Nos. Proposers Base Bid 2 and 3** Total Bid Scores
Gilbert May, Inc. dba Phillips/May $443,333.00 $14,425.00 $457,758.00 2474.30 Corporation Phoenix I Restoration and $586,000.00 $11,000.00 $597,000.00 2238.40 Construction, Ltd. MART, Inc. $533,000.00 $8,804.00 $541,804.00 2172.70 FHC Contracting, Inc. $396,998.00 $10,508.00 $396,998.00 2071.90 Healthy Resources Enterprises, $561,887.92 $31,850.00 $593,737.92 1996.00 Inc. RoeschCo Construction, Inc. $465,000.00 $11,000.00 $476,000.00 1910.60 Texas Standard Construction, $468,500.00 $58,000.00 $526,500.00 1874.80 Ltd. C. Green Scaping, L.P. $562,471.00 $18,350.00 $580,821.00 1835.20 The Fain Group, Inc. $625,640.00 $6,500.00 $632,140.00 1765.90 Sawyers Construction, Inc. $496,000.00 $14,000.00 $510,000.00 1755.20 The Gilbert Construction Group, $610,000.00 $6,500.00 $616,500.00 1715.70 Inc. Hasen Construction Services $704,000.00 $5,500.00 $709,500.00 1637.60 Irricon Construction $741,540.00 $12,000.00 $753,540.00 1086.40
**Alternate No. 2 - provides for wall structure and landscape material. **Alternate No. 3 - provides for stone restoration and grading at Annie Stevens Play Park.
Note: After value engineering, the final offer from Gilbert May, Inc. dba Phillips/May Corporation for Base Bid and Alternate Nos. 2 and 3 was $457,758.
WHEREAS, it has been determined that acceptance of the final and best offer from Gilbert May, Inc. dba Phillips/May Corporation, in an amount not to exceed $457,758 is the best value for the City of Dallas.
Now, Therefore,
BE IT RESOLVED BY THE PARK AND RECREATION BOARD AND THE CITY COUNCIL OF THE CITY OF DALLAS: COUNCIL CHAMBER
December 8, 2010
SECTION 1. That the City Manager is hereby authorized to enter into a contract with Gilbert May, Inc. dba Phillips/May Corporation for relocation and restoration of the WPA-era stone pavilion to include removal of the existing parking lot and driveway; and replacement with new parallel parking; construction of new sidewalks; and repair and restoration of stone benches, tables and walls at Stevens Park, in an amount not to exceed $457,758.
SECTION 2. That the President of the Park and Recreation Board and the City Manager be authorized to execute a contract with Gilbert May, Inc. dba Phillips/May Corporation, after approval as to form by the City Attorney's Office.
SECTION 3. That the City Controller be and is hereby authorized to pay the amount of $457,758 to Gilbert May, Inc. dba Phillips/May Corporation, as follows:
(2003) Neighborhood Park and Recreation Facilities Fund Fund 6R05, Department PKR, Unit K267, Object 4310 Activity COPK, Program PK03K266, CT-PKR10019209 Commodity 91200, Vendor 242277 $357,758
(2003) Neighborhood Park and Recreation Facilities Fund Fund 6R05, Department PKR, Unit K267, Object 4599 Activity COPK, Program PK03K266, CT-PKR10019209 Commodity 91200, Vendor 242277 $100,000
Total amount not to exceed $457,758
SECTION 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. AGENDA ITEM # 27 KEY FOCUS AREA: Better Cultural, Arts and Recreational Amenities
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): 2
DEPARTMENT: Park & Recreation
CMO: Paul D. Dyer, 670-4071
MAPSCO: 45-A ______
SUBJECT
Authorize a contract for restoration of historic WPA stone walls, stairs, terraces, tables, fireplaces and walkways; and reconstruction of the existing vehicular entry road with a new gateway at Reverchon Park located at 3505 Maple Avenue - Hasen Design Build and Development dba Hasen Construction Services, best value proposer of six - Not to exceed $1,446,121 - Financing: 2003 Bond Funds
BACKGROUND
This action will award a contract for restoration of historic WPA stone walls, stairs, terraces, tables, fireplaces and walkways; and reconstruction of the existing vehicular entry road with a new gateway at Reverchon Park to Hasen Design Build and Development dba Hasen Construction Services, best value proposer of six, in an amount not to exceed $1,446,121.
On September 30, 2010, six proposals were received and it was determined that Hasen Design Build and Development dba Hasen Construction Services was the best value proposer. Proposals based on RFCSP are evaluated on pre-set criteria which includes cost, qualifications of the prime contractor, construction amount and schedule ratings, which are based on mathematical formulas, with the best price and best schedule being given the highest scores. Ratings "1" to "10" are given for each criterion with "10" being the best rating. These ratings are multiplied by the weighting to obtain the score for each criteria. BACKGROUND (Continued)
The following is a list of the rating criteria and values for each criteria:
Rating Criteria Value
1. Proposed Construction Contract Award 45% 2. Qualifications/Experience/References for Prime Firm 15% 3. Subcontractor Experience 15% 4. Business Inclusion and Development Plan 15% 5. Financial Sufficiency 5% 6. Schedule/Time of Completion 5% 100%
ESTIMATED SCHEDULE OF PROJECT
Began Design July 2006 Completed Design January 2009 Begin Construction January 2011 Complete Construction January 2012
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Park and Recreation Board authorized the advertisement for a Request for Competitive Sealed Proposals on May 6, 2010.
The Park and Recreation Board authorized award of the contract on November 18, 2010.
FISCAL INFORMATION
2003 Bond Funds - $1,446,121
M/WBE INFORMATION
See attached.
ETHNIC COMPOSITION
Hasen Design Build and Development dba Hasen Construction Services
White Male 7 White Female 2 Black Male 0 Black Female 0 Hispanic Male 0 Hispanic Female 0 Other Male 0 Other Female 0
Agenda Date 12/08/2010 - page 2 PROPOSAL INFORMATION
The following six proposals with quotes were received and opened on September 30, 2010:
*Denotes successful proposer
Alternate Nos. Proposers Base Bid 1,2,3 and 4** Total Bid Scores
*Hasen Design Build and $988,247 $457,874 $1,446,121 2678.10 Developmen dba Hasen Construction Services 2900 Photo Avenue, Fort Worth, TX MetalMan Design/Build Corporation, $922,921 $495,998 $1,418,919 2636.10 Inc. Phoenix I Restoration and $1,130,000 $645,000 $1,775,000 2465.20 Construction, Ltd. RoeschCo Construction, Inc. $1,268,000 $391,000 $1,659,000 1976.10 Ratliff Hardscape, Ltd. $995,000 $677,500 $1,672,500 1960.60 Texas Standard Construction, Ltd. $1,295,000 $357,000 $1,652,000 1659.20
**Alternate No. 1 - provides for new entry drive, sidewalks and installation of turf and irrigation. **Alternate No. 2 - provides for new entry gate, stone walls, columns and associated landscape and irrigation. **Alternate No. 3 - provides for construction of all scope of work within park property along interface of Katy Trail. **Alternate No. 4 - provides for reconstruction of walls and paving.
Note: After value engineering, the final offer from Hasen Design Build and Development dba Hasen Construction Services for Base Bid and Alternate Nos. 1, 2, 3 and 4 was $1,446,121.
OWNERS
Hasen Design Build and Development dba Hasen Construction Services
David Hasenzahl/Owner/Secretary/Treasurer Chet Farnsworth/Vice President
MAP
Attached
Agenda Date 12/08/2010 - page 3 BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY
PROJECT: Authorize a contract for restoration of historic WPA stone walls, stairs, terraces, tables, fireplaces and walkways; and reconstruction of the existing vehicular entry road with a new gateway at Reverchon Park located at 3505 Maple Avenue - Hasen Design Build and Development dba Hasen Construction Services, best value proposer of six - Not to exceed $1,446,121 - Financing: 2003 Bond Funds
Hasen Design Build and Development dba Hasen Construction Services is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Construction ______
LOCAL/NON-LOCAL CONTRACT SUMMARY Amount Percent Total local contracts $782,460.00 54.11% Total non-local contracts $663,661.00 45.89% ------TOTAL CONTRACT $1,446,121.00 100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION
Local Contractors / Sub-Contractors
Local Certification Amount Percent Green Scaping HFDB45339Y0511 $314,243.00 40.16% Universal Fence Company WFDB44291N0211 $29,600.00 3.78% ------Total Minority - Local $343,843.00 43.94%
Non-Local Contractors / Sub-Contractors
Non-local Certification Amount Percent
San Saba Construction HMDB43461Y1210 $18,000.00 2.71% ------Total Minority - Non-local $18,000.00 2.71% TOTAL M/WBE CONTRACT PARTICIPATION Local Percent Local & Non-Local Percent African American $0.00 0.00% $0.00 0.00% Hispanic American $314,243.00 40.16% $332,243.00 22.97% Asian American $0.00 0.00% $0.00 0.00% Native American $0.00 0.00% $0.00 0.00% WBE $29,600.00 3.78% $29,600.00 2.05% ------Total $343,843.00 43.94% $361,843.00 25.02% Reverchon Park Council District 2
3505 Maple Avenue Mapsco #45-A COUNCIL CHAMBER
December 8, 2010
WHEREAS, on September 30, 2010, six proposals were received for restoration of historic WPA stone walls, stairs, terraces, tables, fireplaces and walkways; and reconstruction of the existing vehicular entry road with a new gateway at Reverchon Park located at 3505 Maple Avenue; and
Alternate Nos. Proposers Base Bid 1,2,3 and 4** Total Bid Scores
Hasen Design Build and Development $988,247 $457,874 $1,446,121 2678.10 dba Hasen Construction Services MetalMan Design/Build Corporation, $922,921 $495,998 $1,418,919 2636.10 Inc. Phoenix I Restoration and $1,130,000 $645,000 $1,775,000 2465.20 Construction, Ltd. RoeschCo Construction, Inc. $1,268,000 $391,000 $1,659,000 1976.10 Ratliff Hardscape, Ltd. $995,000 $677,500 $1,672,500 1960.60 Texas Standard Construction, Ltd. $1,295,000 $357,000 $1,652,000 1659.20
**Alternate No. 1 - provides for new entry drive, sidewalks and installation of turf and irrigation. **Alternate No. 2 - provides for new entry gate, stone walls, columns and associated landscape and irrigation. **Alternate No. 3 - provides for construction of all scope of work within park property along interface of Katy Trail. **Alternate No. 4 - provides for reconstruction of walls and paving.
Note: After value engineering, the final offer from Hasen Design Build and Development dba Hasen Construction Services for Base Bid and Alternate Nos. 1, 2, 3 and 4 was $1,446,121.
WHEREAS, it has been determined that acceptance of the final and best offer from Hasen Design Build and Development dba Hasen Construction Services, in an amount not to exceed $1,446,121 is the best value for the City of Dallas.
Now, Therefore,
BE IT RESOLVED BY THE PARK AND RECREATION BOARD AND THE CITY COUNCIL OF THE CITY OF DALLAS: COUNCIL CHAMBER
December 8, 2010
SECTION 1. That the City Manager is hereby authorized to enter into a contract with Hasen Design Build and Development dba Hasen Construction Services for restoration of historic WPA stone walls, stairs, terraces, tables, fireplaces and walkways; and reconstruction of the existing vehicular entry road with a new gateway at Reverchon Park, in an amount not to exceed $1,446,121.
SECTION 2. That the President of the Park and Recreation Board and the City Manager be authorized to execute a contract with Hasen Design Build and Development dba Hasen Construction Services, after approval as to form by the City Attorney's Office.
SECTION 3. That the City Controller be and is hereby authorized to pay the amount of $1,446,121 to Hasen Design Build and Development dba Hasen Construction Services, as follows:
(2003) Neighborhood Park and Recreation Facilities Fund Fund 4R05, Department PKR, Unit K251, Object 4599 Activity COPK, Program PK03K251, CT-PKR10019206 Commodity 91200, Vendor VS0000002628 $186,651.31
(2003) Major Recreational Facilities Improvement Fund Fund 5R00, Department PKR, Unit K251, Object 4599 Activity COPK, Program PK03K251, CT-PKR10019206 Commodity 91200, Vendor VS0000002628 $712,383.00
(2003) Neighborhood Park and Recreation Facilities Fund Fund 5R05, Department PKR, Unit K251, Object 4599 Activity COPK, Program PK03K251, CT-PKR10019206 Commodity 91200, Vendor VS0000002628 $547,086.69
Total amount not to exceed $1,446,121.00
SECTION 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. AGENDA ITEM # 28 KEY FOCUS AREA: Better Cultural, Arts and Recreational Amenities
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): All
DEPARTMENT: Park & Recreation
CMO: Paul D. Dyer, 670-4071
MAPSCO: N/A ______
SUBJECT
Authorize Supplemental Agreement No. 1 to the professional services contract with Kimley-Horn and Associates, Inc. for preparation of an aquatic facilities master plan to guide programming, site locations, renovations, new construction and a transition plan for aquatic facilities - Not to exceed $185,000, from $23,900 to $208,900 - Financing: 2006 Bond Funds
BACKGROUND
On March 11, 2010, Administrative Action No. 10-0791, authorized the award of a professional services contract with Kimley-Horn and Associates, Inc. for a City-Wide Aquatic Facilities Master Plan, Phase I for review of the types and location of aquatic facilities operated by the City of Dallas and for preparation of a presentation on "Types of Aquatic Programming and Trends in the City-Wide Aquatic Facilities Master Planning", in an amount not to exceed $23,900.
This action will authorize Supplemental Agreement No. 1 to the professional services contract with Kimley-Horn and Associates, Inc. for preparation of an aquatic facilities master plan to guide programming, site locations, renovations, new construction and a transition plan for aquatic facilities, in an amount not to exceed $185,000, making a revised contract amount of $208,900.
ESTIMATED SCHEDULE OF PROJECT
Began Master Plan May 2010 Complete Master Plan July 2011
PRIOR ACTION/REVIEW (Council, Boards, Commissions)\
The Park and Recreation Board authorized Supplemental Agreement No. 1 on November 18, 2010. FISCAL INFORMATION
2006 Bond Funds - $185,000
M/WBE INFORMATION
See attached.
ETHNIC COMPOSITION
Kimley-Horn and Associates, Inc.
White Male 911 White Female 383 Black Male 36 Black Female 31 Hispanic Male 60 Hispanic Female 26 Other Male 47 Other Female 15
OWNERS
Kimley-Horn and Associates, Inc.
Mark Wilson, President Michael Byrd, Vice President Nicholas Ellis, Secretary Richard Cook, Treasurer
Agenda Date 12/08/2010 - page 2 BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY
PROJECT: Authorize Supplemental Agreement No. 1 to the professional services contract with Kimley-Horn and Associates, Inc. for preparation of an aquatic facilities master plan to guide programming, site locations, renovations, new construction and a transition plan for aquatic facilities - Not to exceed $185,000, from $23,900 to $208,900 - Financing: 2006 Bond Funds
Kimley-Horn and Associates, Inc. is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Architecture & Engineering ______
LOCAL/NON-LOCAL CONTRACT SUMMARY - THIS ACTION ONLY Amount Percent Local contracts $115,000.00 62.16% Non-local contracts $70,000.00 37.84% ------TOTAL THIS ACTION $185,000.00 100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION THIS ACTION
Local Contractors / Sub-Contractors
Local Certification Amount Percent El Creative Advertising & Design HMMB43156N1110 $45,000.00 39.13% ------Total Minority - Local $45,000.00 39.13%
Non-Local Contractors / Sub-Contractors
None
TOTAL M/WBE PARTICIPATION This Action Participation to Date Amount Percent Amount Percent African American $0.00 0.00% $0.00 0.00% Hispanic American $45,000.00 24.32% $45,000.00 21.54% Asian American $0.00 0.00% $0.00 0.00% Native American $0.00 0.00% $0.00 0.00% WBE $0.00 0.00% $0.00 0.00% ------Total $45,000.00 24.32% $45,000.00 21.54%
COUNCIL CHAMBER
December 8, 2010
WHEREAS, On March 11, 2010, Administrative Action No. 10-0791, authorized the award of a professional services contract with Kimley-Horn and Associates, Inc. for a City-Wide Aquatic Facilities Master Plan, Phase I for review of the types and location of aquatic facilities operated by the City of Dallas and for preparation of a presentation on "Types of Aquatic Programming and Trends in the City-Wide Aquatic Facilities Master Planning", in an amount not to exceed $23,900; and
WHEREAS, it is now desired to enter into Supplemental Agreement No. 1 with Kimley-Horn and Associates, Inc. for preparation of an aquatic facilities master plan to guide programming, site locations, renovations, new construction and a transition plan for aquatic facilities, in an amount not to exceed $185,000, increasing the contract amount from $23,900 to $208,900.
Now, Therefore,
BE IT RESOLVED BY THE PARK AND RECREATION BOARD AND THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That the City Manager is hereby authorized to execute Supplemental Agreement No. 1 to the professional services contract with Kimley-Horn and Associates, Inc. for preparation of an aquatic facilities master plan to guide programming, site locations, renovations, new construction and a transition plan for aquatic facilities, in an amount not to exceed $185,000, increasing the contract amount from $23,900 to $208,900.
SECTION 2. That the President of the Park and Recreation Board and the City Manager be authorized to execute a contract with Kimley-Horn and Associates, Inc., after approval as to form by the City Attorney's Office.
SECTION 3. That the City Controller be and is hereby authorized to pay the amount of $185,000 to Kimley-Horn and Associates, Inc. from (2006) Park and Recreation Facilities Improvement Funds, Fund 8T00, Department PKR, Unit T050, Object 3070, Activity AQFC, Program PK06T050, CT-PKR10019158, Commodity 92500, Vendor 135447.
SECTION 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
AGENDA ITEM # 29 KEY FOCUS AREA: Better Cultural, Arts and Recreational Amenities
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): 2
DEPARTMENT: Park & Recreation
CMO: Paul D. Dyer, 670-4071
MAPSCO: 47-E ______
SUBJECT
Authorize Supplemental Agreement No. 3 to the professional services contract with McAfee3 Architects for reimbursable expenses, additional irrigation design and roof consulting at Samuell-Grand Tennis Center located at 6200 East Grand Avenue - Not to exceed $7,504, from $122,560 to $130,064 - Financing: 2006 Bond Funds
BACKGROUND
The original professional services contract was authorized by Council on June 11, 2008, by Resolution No. 08-1692, for a topographic survey and schematic design through construction administration services for a new tennis center pro-shop at Samuell-Grand Tennis Center, in an amount not to exceed $93,680.
On March 13, 2009, by Administrative Action No. 09-0740, authorized award of Supplemental Agreement No. 1 for planting and irrigation designs and construction support services at Samuell-Grand Tennis Center, in an amount not to exceed $9,000, making a revised contract amount of $102,680.
On April 7, 2010, by Administrative Action No. 10-0964, authorized award of Supplemental Agreement No. 2 for redesign of the entry plaza and gateway, additional consultant services to address court lighting controls and additional consultant services to comply with the City's green ordinance at Samuell-Grand Tennis Center, in an amount not to exceed $19,880, making a revised contract amount of $122,560.
This action will authorize Supplemental Agreement No. 3 to the professional services contract with McAfee3 Architects for reimbursable expenses, additional irrigation design and roof consulting at Samuell-Grand Tennis Center, in an amount not to exceed $7,504, making a revised contract amount of $130,064. ESTIMATED SCHEDULE OF PROJECT
Began Design August 2008 Completed Design February 2009 Begin Construction January 2011 Complete Construction January 2012
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Park and Recreation Board authorized award of the professional services contract on May 15, 2008.
City Council authorized award of the professional services contract on June 11, 2008, by Resolution No. 08-1692.
The Park and Recreation Board authorize Supplemental Agreement No. 3 on November 18, 2010.
FISCAL INFORMATION
2006 Bond Funds - $7,504
M/WBE INFORMATION
See attached.
ETHNIC COMPOSITION
McAfee3 Architects
White Male 2 White Female 0 Black Male 6 Black Female 7 Hispanic Male 0 Hispanic Female 0 Other Male 1 Other Female 0
OWNERS
McAfee3 Architects
Charles F. McAfee-Mitchell, President Charyl F. McAfee-Duncan, Vice President Charles F. McAfee, Chief Executive Officer
MAP
Attached
Agenda Date 12/08/2010 - page 2 BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY
PROJECT: Authorize Supplemental Agreement No. 3 to the professional services contract with McAfee3 Architects for reimbursable expenses, additional irrigation design and roof consulting at Samuell-Grand Tennis Center located at 6200 East Grand Avenue - Not to exceed $7,504, from $122,560 to $130,064 - Financing: 2006 Bond Funds
McAfee3 Architects is a local, minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors.
PROJECT CATEGORY: Architecture & Engineering ______
LOCAL/NON-LOCAL CONTRACT SUMMARY - THIS ACTION ONLY Amount Percent Local contracts $7,504.00 100.00% Non-local contracts $0.00 0.00% ------TOTAL THIS ACTION $7,504.00 100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION THIS ACTION
Local Contractors / Sub-Contractors
Local Certification Amount Percent McAfee3 Architects BMMB46252N0811 $4,155.00 55.37% Abadi Accessibility HFWB45263N0511 $649.00 8.65% Caye Cook & Associates WFWB45149Y0511 $2,700.00 35.98% ------Total Minority - Local $7,504.00 100.00%
Non-Local Contractors / Sub-Contractors
None
TOTAL M/WBE PARTICIPATION This Action Participation to Date Amount Percent Amount Percent African American $4,155.00 55.37% $78,455.00 60.32% Hispanic American $649.00 8.65% $23,115.00 17.77% Asian American $0.00 0.00% $895.00 0.69% Native American $0.00 0.00% $0.00 0.00% WBE $2,700.00 35.98% $14,699.00 11.30% ------Total $7,504.00 100.00% $117,164.00 90.08% Samuell-Grand Tennis Center Council District 2
6200 East Grand Avenue Mapsco 47-E COUNCIL CHAMBER
December 8, 2010
WHEREAS, on June 11, 2008, Resolution No. 08-1692, authorized a professional services contract with McAfee3 Architects for a topographic survey and schematic design through construction administration services for a new tennis center pro-shop at Samuell-Grand Tennis Center, in an amount not to exceed $93,680; and
WHEREAS, on March 13, 2009, Administrative Action No. 09-0740, authorized Supplemental Agreement No. 1 for planting and irrigation designs and construction support services at Samuell-Grand Tennis Center, in an amount not to exceed $9,000, increasing the contract amount from $93,680 to $102,680; and
WHEREAS, on April 7, 2010, Administrative Action No. 10-0964, authorized Supplemental Agreement No. 2 for redesign of the entry plaza and gateway, additional consultant services to address court lighting controls and additional consultant services to comply with the City's green ordinance at Samuell-Grand Tennis Center, in an amount not to exceed $19,880, increasing the contract amount from $102,680 to $122,560; and
WHEREAS, it is now desired to enter into Supplemental Agreement No. 3 with McAfee3 Architects for reimbursable expenses, additional irrigation design and roof consulting at Samuell-Grand Tennis Center, in an amount not to exceed $7,504, increasing the contract amount from $122,560 to $130,064.
Now, Therefore,
BE IT RESOLVED BY THE PARK AND RECREATION BOARD AND THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That the City Manager is hereby authorized to execute Supplemental Agreement No. 3 to the professional services contract with McAfee3 Architects for reimbursable expenses, additional irrigation design and roof consulting at Samuell-Grand Tennis Center, in an amount not to exceed $7,504, increasing the contract amount from $122,560 to $130,064.
SECTION 2. That the President of the Park and Recreation Board and the City Manager be authorized to execute a contract with McAfee3 Architects, after approval as to form by the City Attorney's Office.
SECTION 3. That the City Controller be and is hereby authorized to pay the amount of $7,504 to McAfee3 Architects from (2006) Park and Recreation Facilities Improvement Fund, Fund 8T00, Department PKR, Unit T273, Object 4114, Activity MAPK, Program PK06T273, CT-PKR08018976, Commodity 92500, Vendor VS0000031623. COUNCIL CHAMBER
December 8, 2010
SECTION 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. AGENDA ITEM # 30 KEY FOCUS AREA: Public Safety Improvements and Crime Reduction
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): All
DEPARTMENT: Police
CMO: Ryan S. Evans, 670-3314
MAPSCO: N/A ______
SUBJECT
Authorize application for and acceptance of the 2010-12 Bulletproof Vest Partnership grant from the U.S. Department of Justice, Office of Justice Programs for partial reimbursement of approved bulletproof vest purchases, for the period April 1, 2010, through August 31, 2012 - Not to exceed $199,617 - Financing: U.S. Department of Justice, Bureau of Justice Assistance Grant Funds
BACKGROUND
Public Law 105-181, signed into law on June 16, 1998, authorized the Bulletproof Vest Partnership Grant Act of 1998. The purpose of the Act is to save the lives of law enforcement officers by helping units of local government equip their law enforcement officers with ballistic vests. The Act allows municipalities to apply for partial reimbursement of the costs of bulletproof vests.
The nationwide program was officially launched on April 14, 1999. All units of local government are required to provide a 50% match for participation in the program. The Dallas Police Department submitted an application for the 2010 Bulletproof Vest Partnership Grant and was notified that up to $199,617 has been awarded to pay for up to 50% of the cost of approximately 322 vests during the period April 1, 2010, through August 31, 2012. Approval of this item will allow the Police Department to submit the initial request for reimbursement.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
Authorized the application for and acceptance of the 2001 Bulletproof Vest Partnership Grant from the Department of Justice, Office of Justice Programs; January 23, 2002; Resolution No. 02-0350. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued)
Authorized the application for and acceptance of the 2009 Bulletproof Vest Partnership Grant from the Department of Justice, Office of Justice Programs; August 11, 2010; Resolution No. 10-1965.
FISCAL INFORMATION
$199,617 - U.S. Department of Justice, Office of Justice Program Grant Funds
Agenda Date 12/08/2010 - page 2 COUNCIL CHAMBER
December 8, 2010
WHEREAS, the U.S. Department of Justice, Office of Justice Programs, has made reimbursement funds available for bulletproof vests for law enforcement officers beginning April 01, 2010 through August 31, 2012; and
WHEREAS, the Bulletproof Vest Partnership Grant will provide reimbursement funds of up to $199,617; and
WHEREAS, it is in the best interest of the City of Dallas to apply for and accept such funding; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That the City Manager or their designee be and is hereby authorized to apply for and accept the Bulletproof Vest Partnership Grant in the amount of $199,617 and execute the grant agreement.
Section 2. That the City Manager or their designee be and is hereby authorized to apply for a waiver so that up to 100% of the cost of each vest submitted be reimbursed to the City in an amount not to exceed $199,617.
Section 3. That the City Manager be authorized to establish the appropriation for the Bulletproof Vest Partnership grant in an amount not to exceed $199,617 in Fund F313, Agency DPD, Org 9252, Object 3899.
Section 4. That the City Controller be authorized to deposit grant funds in an amount not to exceed $199,617 in Fund F313, Agency DPD, Org 9252, Revenue Source 6506.
Section 5. That the City Controller be authorized to transfer funds in an amount not to exceed $199,617 from Fund F313, Agency DPD, Org 9252, Object 3899 to Fund 0001, Agency DPD, Org 2114, Object 5011, after expenditure for vest purchases in Fund 0001, Agency DPD, Org 2114, Object 2231.
Section 6. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved.
AGENDA ITEM # 31 KEY FOCUS AREA: Public Safety Improvements and Crime Reduction
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): All
DEPARTMENT: Police
CMO: Ryan S. Evans, 670-3314
MAPSCO: N/A ______
SUBJECT
Authorize (1) an application for and the acceptance of the Community Oriented Policing Services (COPS) Child Sexual Predator Program (CSPP) from the U. S. Department of Justice Grant Funds to improve sex offender management for the period of September 1, 2010 through August 31, 2012; and (2) the execution of the grant agreement - Not to exceed $419,971 - Financing: U. S. Department of Justice, Office of Community Oriented Policing Services Grant Funds
BACKGROUND
The City of Dallas Police Department has been awarded $419,971 in funding to promote strategies which support the systematic use of partnerships and problem-solving techniques that proactively address public safety in the area of sex offender management.
The Dallas Police Department is responsible for over 4,000 Registered Sex Offenders residing within the city limits. Because the Dallas Police Department’s sex offender program is well known throughout the law enforcement community for sex offender management and forming partnerships with other agencies, they were invited by the U.S. Attorney’s Office to apply for the CSPP Grant.
The Grant funds will help to promote community engagement and public awareness in monitoring registered sex offenders in their communities and increased compliance checks and arrest of non-compliant sex offenders.
The Grant funds will be used for the salary, pension, and benefits for two sworn police officers, an unmarked police equipped SUV, desk top computers and stand alone monitors, handheld radios, personnel overtime, training and partnerships with community entities. No cash match is required by the City.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
Briefed to the Public Safety Committee on November 1, 2010. FISCAL INFORMATION
$419,971 – U.S. Department of Justice, Office of Community Oriented Policing Services Grant Funds
Agenda Date 12/08/2010 - page 2 COUNCIL CHAMBER
December 8, 2010
Whereas, the U.S. Department of Justice, Office of Community Oriented Policing Services has made funds available for criminal justice projects for a two year period between 2010 through 2012; and
Whereas, the increased program and funding source would benefit the City of Dallas in its endeavor to reduce crime and improve public safety; and
Whereas, it is in the best interest of the City of Dallas to accept such funding; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That the City Manager or designee is hereby authorized to accept the Community Oriented Policing Services grant 2010CSWX0003, in an amount not to exceed $419,971 for the period of September 1, 2010 through August 31, 2012, and to execute the grant agreement.
Section 2. That the City Controller is authorized to deposit grant funds in an amount not to exceed $419,971 into Fund F311, Department DPD, Unit 7261, Revenue Source 6506.
Section 3. That the City of Dallas will provide no funding for cash match for the Community Oriented Policing Services Grant.
Section 4. That the City Controller is authorized to make disbursement from Fund F311, Department DPD, Unit 7261, Object 3090 in an amount not to exceed $419,971, in accordance with Schedule A.
Section 5. That in the event of loss or misuse of funds, the grantee will return all grant funds to the U.S. Department of Justice, Office of Community Oriented Policing Services, in full.
Section 6. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved.
Schedule A Office of Community Oriented Policing Services Grant F311; Unit 7261
1102 Sworn Salaries 212,716 1202 Sworn OT 9,350 1302 Sworn Pension 68,624 1303 Life Insurance 108 1304 Benefits 16,076 1306 FICA 3,220 2280 Other Supplies 5,650 2710 Furniture & Fixtures 1,000 2731 Data Processing Equipment 5,717 2735 Software 360 Radio & Communication 2760 Equip 56,290 3050 Communications 900 3051 Telephone Equip Charges 460 3361 Travel 2,500 4741 Automobiles 37,000
419,971
AGENDA ITEM # 32 KEY FOCUS AREA: Economic Vibrancy
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): 5, 8
DEPARTMENT: Public Works & Transportation Water Utilities
CMO: Jill A. Jordan, P.E., 670-5299 Ryan S. Evans, 670-3314
MAPSCO: 59J 66M ______
SUBJECT
Authorize a contract with Ark Contracting Services, LLC, lowest responsible bidder of five, for the construction of Bridge Repair and Modification Group 10-01 (list attached) - Not to exceed $1,293,670 - Financing: 2006 Bond Funds ($316,416) and Water Utilities Capital Improvement Funds ($977,254)
BACKGROUND
On December 12, 2007, City Council authorized a professional services contract with TranSystems Corporation, for the design of 15 bridge repair and modification projects identified in the 2006 Bond Program. This action will authorize a construction contract with Ark Contracting Services, LLC for two bridge repair projects. Eleven of the bridges in the design group were awarded for construction in a separate contract and the remaining two bridge repair projects were constructed by the Texas Department of Transportation and Dallas County.
The improvements consist of the repair of slope protection, installation of gabion retaining walls, channel clearing, replacement of a concrete cap over a 72" water main, and relocation of approximately 900 linear feet of 72" water main at Lake June Road over Prairie Creek and Simpson Stuart Road over Five Mile Creek bridge locations.
The following chart shows Ark Contracting Services, LLC's completed contractual activities for the past three years:
PWT WTR PKR
Projects Completed 1 0 0 Change Orders 0 0 0 Projects Requiring Liquidated Damages 0 0 0 Projects Completed by Bonding Company 0 0 0 ESTIMATED SCHEDULE OF PROJECT
Began Design February 2008 Completed Design September 2010 Begin Construction January 2011 Complete Construction December 2011
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
Authorized a professional services contract for engineering design services on December 12, 2007, by Resolution No. 07-3794.
Authorized Supplemental Agreement No. 1 to the engineering design contract on September 24, 2008, by Resolution No. 08-2569.
FISCAL INFORMATION
2006 Bond Funds - $316,416.00 Water Utilities Capital Improvement Funds - $977,254.00
Design - PBW $ 266,638.00 Supplemental Agreement No. 1 $ 74,725.00
Construction (this action) Bridge Repair - PBW $ 316,416.00 Water - DWU $ 977,254.00
Total Project Cost $1,635,033.00
Council District Amount
5 $ 135,144.00 8 $1,158,526.00
Total $1,293,670.00
M/WBE INFORMATION
See attached.
Agenda Date 12/08/2010 - page 2 ETHNIC COMPOSITION
Ark Contracting Services, LLC
Hispanic Female 0 Hispanic Male 98 African-American Female 0 African-American Male 0 Other Female 0 Other Male 0 White Female 4 White Male 12
BID INFORMATION
The following bids with quotes were received and opened on October 7, 2010:
*Denotes successful bidder
BIDDERS BID AMOUNT
*Ark Contracting Services, LLC $1,293,670.00 420 S. Dick Price Road Kennedale, Texas 76060 North Texas Contracting, LP $1,445,128.00 Jeske Construction $1,689,675.20 Texas Standard Construction $1,740,659.00
Engineer's estimate: PBW - $405,745.50 DWU - $762,718.20
OWNER
Ark Contracting Services, LLC
Steve Bowman, President
MAP
Attached.
Agenda Date 12/08/2010 - page 3 Bridge Repair and Modification Group 10-01
Location Council District
Lake June Road over Prairie Creek 5 Simpson Stuart Road over Five Mile Creek 8 BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY
PROJECT: Authorize a contract with Ark Contracting Services, LLC, lowest responsible bidder of five, for the construction of Bridge Repair and Modification Group 10-01 (list attached) - Not to exceed $1,293,670 - Financing: 2006 Bond Funds ($316,416) and Water Utilities Capital Improvement Funds ($977,254)
Ark Contracting Services, LLC is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Construction ______
LOCAL/NON-LOCAL CONTRACT SUMMARY Amount Percent Total local contracts $496,500.00 38.38% Total non-local contracts $797,170.00 61.62% ------TOTAL CONTRACT $1,293,670.00 100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION
Local Contractors / Sub-Contractors
Local Certification Amount Percent J & A Trucking HMMB43776N1210 $34,000.00 6.85% LKT & Associates, LLC WFDB47027Y1011 $340,000.00 68.48% Andrews Paving & Construction WFDB44822Y0411 $24,000.00 4.83% ------Total Minority - Local $398,000.00 80.16%
Non-Local Contractors / Sub-Contractors
None
TOTAL M/WBE CONTRACT PARTICIPATION Local Percent Local & Non-Local Percent African American $0.00 0.00% $0.00 0.00% Hispanic American $34,000.00 6.85% $34,000.00 2.63% Asian American $0.00 0.00% $0.00 0.00% Native American $0.00 0.00% $0.00 0.00% WBE $364,000.00 73.31% $364,000.00 28.14% ------Total $398,000.00 80.16% $398,000.00 30.77% BRIDGE REPAIR AND lVIODIFICATION PROJECT GROUP lO~Ol LAKE JUNE ROAD OVER PRAIRIE CREEK
,.) I :i 1_ ! GREENMOUND BARCLAY
Floranc';& 83 CHECOTA ..., MESrTA .... .". .. MUSKOGEE NEOSHO TOKOWA :::;
RHODA 101
[MAPSCO 59~) BRIDGE REPAIR ANDlVIODIFICATION PROJECT GROUP 10-01 SIlVIPSON STUART ROAD OVER FIVE lVIILE CREEK
66G ; \ 66H
( \ \ \ \ \ L \ \
JJ LEMMON
[MAPSCO S6M)
COUNCIL CHAMBER
December 8, 2010
WHEREAS, on December 12, 2007, Resolution No. 07-3794 authorized a professional services contract for engineering services for 15 bridge repair and modification projects; and,
WHEREAS, on September 24, 2008, Resolution No. 08-2569 authorized Supplemental Agreement No. 1 to the engineering services contract to allow a modification to the design for 4 of the 13 remaining bridge structures; and,
WHEREAS, bids were received on October 7, 2010, for Bridge Repair and Modification Group 10-01, as follows:
BIDDERS AMOUNT OF BID
Ark Contracting Services, LLC $1,293,670.00 North Texas Contracting, LP $1,445,128.00 Jeske Construction $1,689,675.20 Texas Standard Construction $1,740,659.00
Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That the City Manager is hereby authorized to enter into a contract with Ark Contracting Services, LLC, for the construction of Bridge Repair and Modification Group 10-01 in an amount not to exceed $1,293,670.00, this being the lowest responsive bid received as indicated by the tabulation of bids.
Section 2. That the City Manager is hereby authorized to execute the contract after it has been approved as to form by the City Attorney.
Section 3. That the City Controller is hereby authorized to disburse funds in accordance with the terms and conditions of the contract from:
Street and Transportation Improvements Fund Fund 6T22, Dept. PBW, Unit U194, Act. BRAM Obj. 4510, Program # PB06U194, CT PBW06U194C1 Vendor #VS0000017816, in an amount not to exceed $ 25,178.00
Street and Transportation Improvements Fund Fund 7T22, Dept. PBW, Unit U194, Act. BRAM Obj. 4510, Program # PB06U194, CT PBW06U194C1 Vendor #VS0000017816, in an amount not to exceed $ 89,450.00 COUNCIL CHAMBER
December 8, 2010
Street and Transportation Improvements Fund Fund 6T22, Dept. PBW, Unit U199, Act. BRAM Obj. 4510, Program # PB06U199, CT PBW06U194C1 Vendor #VS0000017816, in an amount not to exceed $ 74,581.00
Street and Transportation Improvements Fund Fund 7T22, Dept. PBW, Unit U199, Act. BRAM Obj. 4510, Program # PB06U199, CT PBW06U194C1 Vendor #VS0000017816, in an amount not to exceed $ 127,207.00
Water Capital Improvement Fund Fund 0115, Dept. DWU, Unit PW42, Act. RELP Obj. 4550, Program # 710199, Rep. W2IT, CT PBW710199CP Vendor #VS0000017816, in an amount not to exceed $ 977,254.00
Total in an amount not to exceed $1,293,670.00
Section 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the City of Dallas and it is accordingly so resolved. AGENDA ITEM # 33 KEY FOCUS AREA: Public Safety Improvements and Crime Reduction
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): 7
DEPARTMENT: Public Works & Transportation Police Housing/Community Services
CMO: Jill A. Jordan, P.E., 670-5299 Ryan S. Evans, 670-3314 A. C. Gonzalez, 671-8925
MAPSCO: 56C ______
SUBJECT
Authorize a professional services contract with Fitzgerald Collaborative for architectural and engineering services for design and construction administration services of the Bexar Street Redevelopment Investment Center located at the southwest corner of Bexar Street and Hooper Street - Not to exceed $164,953 - Financing: 2010 Certificates of Obligation
BACKGROUND
This action will authorize a contract with Fitzgerald Collaborative to provide architectural and engineering services for design and construction administration of the Bexar Street Redevelopment Investment Center containing a neighborhood police station, community meeting area, and related facilities in the amount of $164,953. Services will include schematic design, design development, preparation of construction documents, including furniture bid documents, bid evaluation and construction administration.
Fitzgerald Collaborative was selected to be the Architect for the project following a qualifications-based selection process in accordance with the City of Dallas procurement guidelines.
ESTIMATED SCHEDULE OF PROJECT
Begin Design November 2010 Complete Design April 2011 Begin Construction September 2011 Complete Construction March 2012 PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS)
Authorized issuance of Combination Tax and Revenue Certificates of Obligation, Series 2010 on January 27, 2010, by Resolution No. 10-0362.
FISCAL INFORMATION
2010 Certificates of Obligation - $164,953
M/WBE INFORMATION
See attached.
ETHNIC COMPOSITION
Fitzgerald Collaborative
Hispanic Female 2 Hispanic Male 0 African-American Female 0 African-American Male 3 Other Female 0 Other Male 0 White Female 3 White Male 19
OWNER
Fitzgerald Collaborative
Darrell A. Fitzgerald, FAIA, LEED AP, Principal
MAP
Attached.
Agenda Date 12/08/2010 - page 2 BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY
PROJECT: Authorize a professional services contract with Fitzgerald Collaborative for architectural and engineering services for design and construction administration services of the Bexar Street Redevelopment Investment Center located at the southwest corner of Bexar Street and Hooper Street - Not to exceed $164,953 - Financing: 2010 Certificates of Obligation
Fitzgerald Collaborative is a local, minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Architecture & Engineering ______
LOCAL/NON-LOCAL CONTRACT SUMMARY Amount Percent Total local contracts $164,953.00 100.00% Total non-local contracts $0.00 0.00% ------TOTAL CONTRACT $164,953.00 100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION
Local Contractors / Sub-Contractors
Local Certification Amount Percent Fitzgerald Collaborative BMMB46090N0811 $80,953.00 49.08% Jaster-Quintanilla HMMB44028N0111 $12,500.00 7.58% Purdy McGuire WFDB43217N1110 $21,500.00 13.03% Linda Tycher & Associates WFWB44717N0311 $16,800.00 10.18% ------Total Minority - Local $131,753.00 79.87%
Non-Local Contractors / Sub-Contractors
None
TOTAL M/WBE CONTRACT PARTICIPATION Local Percent Local & Non-Local Percent African American $80,953.00 49.08% $80,953.00 49.08% Hispanic American $12,500.00 7.58% $12,500.00 7.58% Asian American $0.00 0.00% $0.00 0.00% Native American $0.00 0.00% $0.00 0.00% WBE $38,300.00 23.22% $38,300.00 23.22% ------Total $131,753.00 79.87% $131,753.00 79.87% Bexar Street Redevelopment Investment Center
DO RIS VALENTI
copyright © 2006 MAPSCO, Inc OMi O.13Mi O.25Mi Mapsco 56C I COUNCIL CHAMBER
December 8, 2010
WHEREAS, on January 27, 2010, Resolution No. 10-0362 authorized the preparation and sale of Combination Tax and Revenue Certificates of Obligation pursuant to the authority granted by Subchapter C of Chapter 271, Texas Local Government Code (the "Certificate of Obligation Act of 1971"), as amended, not to exceed $23,000,000 for various capital purposes, including the Bexar Street Redevelopment Investment Center containing a neighborhood police station, community meeting area, and related facilities to be located in South Dallas in the Bexar Street Redevelopment Corridor; and,
WHEREAS, it is desirable to construct a neighborhood police station and related facilities, including a community meeting area in South Dallas in the Bexar Street Redevelopment Corridor designated as the Bexar Street Redevelopment Investment Center; and,
WHEREAS, at the conclusion of a selection process conducted by city staff, Fitzgerald Collaborative was chosen as the most qualified firm to provide professional services for this project; and,
WHEREAS, it is now desirable to enter into a professional services contract with Fitzgerald Collaborative to provide architectural and engineering services for design and construction administration services of the Bexar Street Redevelopment Investment Center in an amount not to exceed $164,953.
Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That the City Manager is hereby authorized to execute a professional services contract with Fitzgerald Collaborative to provide architectural and engineering services for design and construction administration services of the Bexar Street Redevelopment Investment Center in an amount not to exceed $164,953, after it has been approved as to form by the City Attorney.
Section 2. That the City Controller is authorized to disburse funds in accordance with the terms and conditions of the contract from:
2010 Certificates of Obligation Fund 0567, Dept. HOU, Unit P477, Act. HOIN Obj. 4112, Program #PBCOP477, CT PBWCOP477A1 Vendor #VS0000053335, not to exceed $164,953
Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
AGENDA ITEM # 34 KEY FOCUS AREA: A Cleaner, Healthier City Environment
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): All
DEPARTMENT: Sanitation Services
CMO: Ryan S. Evans, 670-3314
MAPSCO: N/A ______
SUBJECT
Authorize (1) the acceptance of a grant from the North Central Texas Council of Governments in the amount of $60,000 to conduct the second phase of the heavy bulk and brush study; and (2) an increase to the contract with R. W. Beck, previously approved by Administrative Action No. 09-2894 on November 17, 2009, for a bulk and brush study - Not to exceed $80,000, from $24,900 to $104,900 - Financing: North Central Texas Council of Governments Solid Waste Grant Funds ($60,000) and Current Funds ($20,000)
BACKGROUND
The City of Dallas collects heavy bulk and brush items from residential accounts on a monthly basis, as a part of the monthly Sanitation services. Periodically, the City reviews its service style and costs as a means to optimize service to the customer. The City initiated Phase I of this study in December 2009 with an administrative action to commission an experienced solid waste consultant (R.W. Beck) with the first phase of a multi-phased study. Phase I benchmarked Dallas’ service with several other cities, suggested several service change options, and broadly summarized the manpower needs, equipment requirements, overall cost of suggested program changes. Phase 1 work was to determine if changes to the current service style could result in (1) decreased cost of service to the rate-payers; (2) increased waste diversion by better segregation of brush from bulk. Results of Phase 1 identified several collection options that would accomplish both goals, if studied further. This agenda item will authorize Phase II of the study - to continue the initial work by identifying the specific steps and requirements to implement any of the service options proposed in Phase I. Primary funding for the item is furnished by the North Central Texas Council of Governments (NCTCOG) through a Texas Commission on Environmental Quality (TCEQ) solid waste grant program, intended to further the state of Texas’ goals on solid waste management. BACKGROUND(Continued)
The waste diversion goal of this project fits one of the state’s long-term goals. The City applied for and received North Central Texas Council of Government (NCTCOG) approval for these funds ($60,000) earlier this calendar year, and will provide matching funding in the amount of $20,000, as well as the $24,900 previously expended in FY10 for the Phase I work.
ESTIMATED SCHEDULE OF PROJECT
Begin Project December 2010 Complete Project May 2011
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On May 26, 2010, City Council authorized the City Manager to apply for and receive funds for several solid waste projects through the North Central Texas Council of Governments’ (NCTCOG) Request for Project Applications of the Regional Solid Waste Local Project Funding Program, by Resolution No.10-1310.
FISCAL INFORMATION
$60,000 – NCTCOG Solid Waste Grant Funds $20,000 – Current Funds
ETHNIC COMPOSITION
R.W. Beck
Hispanic Female 718 Hispanic Male 1,233 African American Female 1,804 African American Male 2,545 Other Female 1,378 Other Male 2,213 White Female 10,267 White Male 22,712
OWNER
R. W. Beck
Walt Havenstein, CEO of Science Application International Corporation Joseph T. Grumski, General Manager
Agenda Date 12/08/2010 - page 2 COUNCIL CHAMBER
December 8, 2010
WHEREAS, there is a continuing need to enhance the city’s Yard Waste and Bulky Brush collection program; and
WHEREAS, the North Central Texas Council of Governments (NCTCOG) through funds designated by the Texas Commission on Environmental Quality (TCEQ) has awarded the city a grant in the amount of $60,000 for the Yard Waste, Brush and Bulky Waste Implementation Plan; and
WHEREAS, the City of Dallas has agreed to provide matching fund contributions in the amount of $20,000 from current year funds, in addition to matching funds expended in the previous fiscal year; and
WHEREAS, the existing city agreement with solid waste consultant, R. W. Beck, may be extended to include the work to be conducted under the NCTCOG grant project;
NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That the City Manager or designee is hereby authorized to accept the NCTCOG grant in the amount of $60,000 for the Yard Waste, Brush and Bulky Waste Implementation Plan and execute the grant agreement.
Section 2. That the City Manager or designee is hereby authorized to increase the contract with R.W. Beck from $24,900 to $104,900 to execute all tasks designated for the Yard Waste and Bulky Brush Waste Implementation Plan, per NCTCOG project contract #11-04-G02.
Section 3. That the City Controller is hereby authorized to receive and deposit grant funds from NCTCOG in Fund S288, Dept. SAN, Unit 7356, Revenue Source Code 6508, in an amount not to exceed $60,000.
Section 4. That the City Manager or designee is hereby authorized to establish appropriations in Fund S288, Dept. SAN, Unit 7356, Object Code 3099, in an amount not to exceed $80,000.
Section 5. That the City Controller is hereby authorized to transfer the required cash match in an amount not to exceed $20,000 from Fund 0001, Dept. SAN, Unit 3591, Object Code 3642, to Fund S288, Dept. SAN, Unit 7356, Revenue Source 9201 (subject to appropriations). COUNCIL CHAMBER
Section 6. That the City Controller be authorized to disburse funds from the following appropriation, to R. W. Beck in the amount not to exceed $80,000:
FUND DEPT UNIT OBJ AMOUNT ENCUMBRANCE S288 SAN 7356 3099 $80,000 SAN3591B-11RWB
Section 7. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
Distribution: Sanitation Services City Attorney’s Office Office of Environmental Quality Office of Financial Services, 4FN AGENDA ITEM # 35 KEY FOCUS AREA: Economic Vibrancy
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): 7
DEPARTMENT: Sustainable Development and Construction Public Works & Transportation
CMO: A. C. Gonzalez, 671-8925 Jill A. Jordan, P.E., 670-5299
MAPSCO: 46S ______
SUBJECT
Authorize acquisition of, including the exercise of the right of eminent domain, if such becomes necessary, from the Estate of Valrie Campbell, Russell Pattinson and Catalinga Zuniga of 3 tracts of land containing a total of approximately 20,400 square feet located on Peabody Avenue between Edgewood and Kimble Streets for the construction of Fire Station No. 6 - Not to exceed $201,000 ($196,000 plus closing costs not to exceed $5,000) - Financing: 2006 Bond Funds
BACKGROUND
This item authorizes the acquisition of 3 tracts of land containing a total of approximately 20,400 square feet located on Peabody Avenue between Edgewood and Kimble Streets. These properties will be used for the replacement of Fire Station No. 6. The consideration is based on independent appraisals.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
This item has no prior action.
FISCAL INFORMATION
2006 Bond Funds - $201,000 ($196,000 plus closing costs not to exceed $5,000)
OWNERS
Estate of Valrie Campbell
Russell Pattinson
Catalinga Zuniga MAPS
Attached
Agenda Date 12/08/2010 - page 2 ...... Mapsco46S .. OZSMi. I I / I L Peabody Avenue
1 2 9 10 -I-' OJ -I-' OJ OJ 1.- OJ -I-' 1.- U') -I-' U') '"'0 0 OJ 0 .o S E OJ ~ en '"'0 UJ 11 12 13 14 15 16 17 18 19 20
Pennsylvania Avenue
Tracts To Be Acquired: COUNCIL CHAMBER
December 8, 2010 A RESOLUTION DETERMINING UPON THE NECESSITY OF ACQUIRING REAL PROPERTY AND AUTHORIZING ITS APPROPRIATION AND/OR CONDEMNATION FOR A MUNICIPAL PURPOSE AND PUBLIC USE.
DEFINITIONS: For the purposes of this resolution, the following definitions of terms shall apply:
"CITY": The City of Dallas.
“PROPERTY": The tracts or parcels of land described in "Exhibit A", attached hereto and made a part hereof for all purposes.
“PROJECT”: Fire Station #6
"PROPERTY INTEREST": Fee Simple
"OFFER AMOUNT”, "OWNER" and “AUTHORIZED AMOUNT” are described below:
Tract No. OWNER OFFER Closing Costs Authorized AMOUNT Not to Exceed Amount
1 Estate of $ 34,000.00 $1,500.00 $ 35,500.00 Valrie Campbell 2 Russell Pattinson $130,000.00 $2,000.00 $132,000.00
3 Catalina Zuniga $ 32,000.00 $1,500.00 $ 33,500.00
provided, however, that the term “OWNER” as used in this resolution means all persons having an ownership interest, regardless of whether those persons are actually named herein.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That the PROJECT is a municipal and public purpose and a public use.
SECTION 2. That public necessity requires that the CITY acquire the PROPERTY INTEREST in the PROPERTY for the PROJECT. COUNCIL CHAMBER
December 8, 2010
SECTION 3. That for the purpose of acquiring the PROPERTY INTEREST in the PROPERTY, the Assistant Director of the Sustainable Development and Construction Department, Real Estate Division, or such person as she may designate, is hereby authorized and directed to offer the OFFER AMOUNT as payment for the PROPERTY INTEREST in the PROPERTY.
SECTION 4. That in the event the OWNER accepts the OFFER AMOUNT, the City Controller is authorized and directed to draw a warrant in favor of the OWNER, or the then current owner of record, in the OFFER AMOUNT payable out of Fund No. 8T33, Department PBW, Unit T836, Activity No. FIRF, Program No. PB06T836, Object 4210. The OFFER AMOUNT and the CLOSING COSTS together shall not exceed the AUTHORIZED AMOUNT.
Tract No. OFFER Closing Costs Authorized Encumbrance AMOUNT Not to Exceed Amount No.
1 $ 34,000.00 $1,500.00 $ 35,500.00 SUST836VL77
2 $130,000.00 $2,000.00 $132,000.00 SUST836VL76
3 $ 32,000.00 $1,500.00 $ 33,500.00 SUST836VL75
SECTION 5. That the CITY is to have possession of the PROPERTY at closing; and the CITY will pay any title expenses and closing costs. In the event of condemnation the CITY will pay court costs as may be assessed by the Special Commissioners or the court. Further, that litigation expenses determined by the City Attorney to be necessary are authorized for payment. All costs and expenses described in this section shall be paid from the previously described funds.
SECTION 6. That if the OWNER refuses to accept the OFFER AMOUNT the CITY will appropriate the PROPERTY INTEREST in the PROPERTY for the PROJECT under the laws of eminent domain and the provisions of the Charter of the City of Dallas. In such case, the City Attorney is authorized and requested to file the necessary suit(s) and take the necessary action for the prompt acquisition of the PROPERTY INTEREST in the PROPERTY by condemnation or in any manner provided by law.
SECTION 7. That in the event it is subsequently determined that additional persons other than those named herein have an interest in the PROPERTY, the City Attorney is authorized and directed to join said parties as defendants in said condemnation suit(s). COUNCIL CHAMBER
December 8, 2010
SECTION 8. That in the event the Special Commissioners in Condemnation appointed by the Court return an award that is the same amount or less than the OFFER AMOUNT, the City Attorney is hereby authorized to settle the lawsuit for that amount and the City Controller is hereby authorized to issue a check drawn on the previously described funds in an amount not to exceed the Commissioners' award made payable to the County Clerk of Dallas County, to be deposited into the registry of the Court, to enable the CITY to take possession of the PROPERTY without further action of the Dallas City Council.
SECTION 9. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
APPROVED AS TO FORM: THOMAS P. PERKINS, JR., City Attorney
B EXHIBIT A TRACT 1
LOTS 3 & 4 in BLOCK 23/1302 - CITY OF DALLAS
ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Dallas, Texas, and being more particularly described as follows:
BEING all of lots 3 and 4 in Block 23/1302 of the South Park Addition, Revised, an addition to the City of Dallas, Texas, according to the map or plat thereof as recorded in Volume 99 Page 304 of the Deed Records of Dallas County, Texas and being all of the property described in a Warranty Deed recorded in Volume 73182 Page 0455 of the Deed Records of Dallas County, Texas into Eddie Campbell and his wife Valrie Campbell and containing 6,800 square feet, or 0.156 acres of land, based on dimensions from the above mentioned plat.
Approved As To Form
4~//~ €C6t(~: RPLS Assistant Chief City Surveyor For: Larry T. Billingsley, R.P.L.S. Chief City Surveyor
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LOTS 5 & 6 in BLOCK 23/1302 - CITY OF DALLAS
ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Dallas, Texas, and being more particularly described as follows:
BEING all of lots 5 and 6 in Block 23/1302 of the South Park Addition, Revised, an addition to the City of Dallas, Texas, according to the map or plat thereof recorded in Volume 99 Page 304 of the Deed Records of Dallas County, Texas and being all of the property described in Warranty Deed With Vendor's Lien recorded in Instrument Number 200600407406 of the Official Public Records Dallas County, Texas into Russell Pattinson and containing 6,800 square feet, or 0.156 acres of land, based on dimensions from the above mentioned plat.
Approved As To Form ~~f~ Assistant Chief City Surveyor For: Larry T. Billingsley, R.P.L.S. Chief City Surveyor
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LOTS 7 & 8 in BLOCK 2311302- CITY OF DALLAS
ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Dallas, Texas, and being more particularly described as follows:
BEING all of lots 7 and 8 in Block 23/1302 of the South Park Addition, Revised, an addition to the City of Dallas, Texas, according to the map or plat thereof recorded in Volume 99 Page 304 of the Deed Records of Dallas County, Texas and being all of the property described in Warranty Deed filed in Volume 99109 Page 5516 of the Deed Records of Dallas County, Texas into Catalina Zuniga and containing 6,800 square feet, or 0.156 acres of land, based on dimensions from the above mentioned plat.
Approved As To Form
4~//~ ~ifr.RPlS Assistant Chief City Surveyor For: Larry T. Billingsley, R.P.L.S. Chief City Surveyor
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PENNSYLVANIA AVE Property To Be 65' RIGHT-OF-WAY c Acquired ,.. -.- -I-;;~-' "'a>-I-~'-~-'-~-T-~-"'--- III IIIIII III IIIIII III IIIIII LOCATOR MAP Sheet 2 of 2 III IIIIII III IIIIII FIRE STATION NO. 6 III IIIIII III IIIIII Property Acquisition III IIIIII Catalina Zuniga: Lots 7 &. 8, Block 23.1302 III I~ IIIII I 7 ,I 8 ~I I~ 1 .1 2 ,I 3 J 4 J 5 J 6 DEPT, OF PUBLIC WORKS & TRANSPORTATION II ..I Il!i IIIII III IIIIII SURVEY DIVISION CITY OF DAllAS, TEXAS III IIIIII DATI! III IIIIII S. Holt III IIIIII III IIIIII III IIIIII S. Holt Block 23.1302 0410-32 III III II
AGENDA ITEM # 36 KEY FOCUS AREA: Economic Vibrancy
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): 12
DEPARTMENT: Sustainable Development and Construction Public Works & Transportation
CMO: A. C. Gonzalez, 671-8925 Jill A. Jordan, P.E., 670-5299
MAPSCO: 5C ______
SUBJECT
Authorize acquisition, including the exercise of the right of eminent domain, if such becomes necessary, from TKD Mapleshade, LLC of 3 tracts of land containing a total of approximately 49,649 square feet of land located near Creek and Crosstimbers Drives for the Upper McKamy Flood Control Improvements - Not to exceed $302,394 ($297,894 plus closing costs not to exceed $4,500) - Financing: 2003 Bond Funds
BACKGROUND
This item authorizes the acquisition of 3 tracts of unimproved land containing a total of approximately 49,649 square feet located near the intersection of Creek and Crosstimbers Drives from TKD Mapleshade, LLC. This property will be used for the Upper McKamy Flood Control Improvements. The consideration is based upon an independent fee appraisal.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
This item has no prior action.
FISCAL INFORMATION
2003 Bond Funds - $302,394 ($297,894 plus closing costs not to exceed $4,500)
OWNER
TKD Mapleshade, LLC
Thomas Wilson, Manager MAPS
Attached
Agenda Date 12/08/2010 - page 2 L
Scale 1 : 8 166 Mapleshade Lane
..Y ill ill L U
~ To be acquired COUNCIL CHAMBER
December 8, 2010 A RESOLUTION DETERMINING UPON THE NECESSITY OF ACQUIRING REAL PROPERTY AND AUTHORIZING ITS APPROPRIATION AND/OR CONDEMNATION FOR A MUNICIPAL PURPOSE AND PUBLIC USE.
DEFINITIONS: For the purposes of this resolution, the following definitions of terms shall apply:
"CITY": The City of Dallas
“PROPERTY": Approximately 49,649 square feet of property located in Collin County, and being the same property more particularly described in "Exhibit A", attached hereto and made a part hereof for all purposes.
“PROJECT”: Upper McKamy Flood Control Improvements
"PROPERTY INTEREST": FEE
"OWNER": TKD Mapleshade, LLC, provided, however, that the term “OWNER” as used in this resolution means all persons having an ownership interest, regardless of whether those persons are actually named herein.
"OFFER AMOUNT": $297,894
"CLOSING COSTS": Not to exceed $4,500
"AUTHORIZED AMOUNT": $302,394
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That the PROJECT is a municipal and public purpose and a public use.
SECTION 2. That public necessity requires that the CITY acquire the PROPERTY INTEREST in the PROPERTY for the PROJECT.
SECTION 3. That for the purpose of acquiring the PROPERTY INTEREST in the PROPERTY, the Assistant Director of the Sustainable Development and Construction Department, Real Estate Division, or such person as she may designate, is hereby authorized and directed to offer the OFFER AMOUNT as payment for the PROPERTY INTEREST in the PROPERTY. COUNCIL CHAMBER
December 8, 2010
SECTION 4. That in the event the OWNER accepts the OFFER AMOUNT, the City Controller is authorized and directed to draw a warrant in favor of the OWNER, or the then current owner of record, or the title company closing the transaction described herein in the OFFER AMOUNT and CLOSING COSTS payable out of Flood Protection and Storm Drainage Facilities, Fund No. 4R23, Department PBW, Unit R710, Activity FLDM, Program No. PB03R710, Object 4210, Encumbrance No. CT-SUSR710EG78 The OFFER AMOUNT and the CLOSING COSTS together shall not exceed the AUTHORIZED AMOUNT.
SECTION 5. That the CITY is to have possession of the PROPERTY at closing; and the CITY will pay any title expenses and closing costs. In the event of condemnation, the CITY will pay court costs as may be assessed by the Special Commissioners or the court. Further, that litigation expenses determined by the City Attorney to be necessary are authorized for payment. All costs and expenses described in this section shall be paid from the previously described funds.
SECTION 6. That if the OWNER refuses to accept the OFFER AMOUNT, the CITY will appropriate the PROPERTY INTEREST in the PROPERTY for the PROJECT under the laws of eminent domain and the provisions of the Charter of the City of Dallas. In such case, the City Attorney is authorized and requested to file the necessary suit(s) and take the necessary action for the prompt acquisition of the PROPERTY INTEREST in the PROPERTY by condemnation or in any manner provided by law.
SECTION 7. That in the event it is subsequently determined that additional persons other than those named herein have an interest in the PROPERTY, the City Attorney is authorized and directed to join said parties as defendants in said condemnation suit(s).
SECTION 8. That in the event the Special Commissioners in Condemnation appointed by the Court return an award that is the same amount or less than the OFFER AMOUNT, the City Attorney is hereby authorized to settle the lawsuit for that amount and the City Controller is hereby authorized to issue a check drawn on the previously described funds in an amount not to exceed the Commissioners' award made payable to the County Clerk of Dallas County, to be deposited into the registry of the Court, to enable the CITY to take possession of the PROPERTY without further action of the Dallas City Council. COUNCIL CHAMBER
December 8,2010
SECTION 9. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
APPROVED AS TO FORM: THOMAS P. PERKINS, JR., City Attorney Field Notes Describing Land To Be Acquired in Block F/8728 From TKO MAPLESHADE, LLC
Being situated in the Martha McBride Survey, Abstract No. 553, Collin County, Texas, and being all of Lots 92, 93 and 94, Block F/8728 (official City of Dallas Block Numbers) of the Preston Villa Addition, an addition to the City of Dallas, Recorded in Volume 2, Page 63 of the Map Records of Collin County, and being a portion of the property conveyed to TKO Mapleshade, LLC by Deed dated June 9, 2003 and recorded in 5438, Page of the Deed Records of Collin County, and containing 49,649 square feet of land (1.1398 Acres), according to the plat thereof.
This description is approved as to form.
Larry T lIingsley, RP Date: Chief City Surveyor
Sheet 1 of2 Parcel 114 N 89
9
,,\\At....81'__ .. '~.. '" ... 88.50'p 90.54' I " f'~ ~------.'lUr.. ~ 95 '""f'5.50'p VILLA RD. ~" (60' Right-of-Way) ~, 'c9.i~'" ~-i------T------'--- I 4!J.91p I 50p 1 1 1 I 96 1 1 1 1 1 1 I 1 I 1 1 1 ~I I... ~I ~I~ ~IN ~I ~190 66~.90 65~' 67 ~II~' ~I~ ~I .... ':3' 1 ':3'I 1 1 1 1 1 1 1 I 1
LOCATOR MAP Sheet 2 of 2 McKAMV BRANCH By-Pass Swale: PB03R710 Lots 92, 93 & 94, Block FJ8728 DEPT. OF PUBLIC WORKS & TRANSPORTATION SURVEY DIVISION CITY OF DALLAS, TEXAS
OPEll.NAME DESIGN FILE NAME DATE Limits of Property S. Holt N,\ENGlI\SURVEY\HOLT\~\_dgn O to be Acquired PARTY CHIEF CAlCULATIONS FOLDER S•. Holt S•. HD1t 311.~38.69 ...\Addition Plat with Rods.dgn 3/6/20093:16:16 PM
AGENDA ITEM # 37 KEY FOCUS AREA: Economic Vibrancy
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): 6
DEPARTMENT: Sustainable Development and Construction
CMO: A. C. Gonzalez, 671-8925
MAPSCO: 12 Y Z ______
SUBJECT
Authorize (1) support for the proposed Texas Department of Transportation (TxDOT) design for I-35E from I-635 to U.S. 380 which includes managed toll lanes; (2) the use of innovative financing mechanisms, including public private-partnerships, to complete the I-35E improvements in five to seven years; (3) statutory authority for TxDOT to enter into public-private partnerships for the purpose of seeking competitive proposals and awarding the construction of the planned improvements for I-35E; and (4) expedited approval of authorization for TxDOT to enter into public-private partnerships with an effective date in the first quarter of calendar year 2011 - Financing: No cost consideration to the City
BACKGROUND
The Dallas Regional Mobility Coalition (DRMC) has formed an I-35E Stakeholder Coalition comprised of cities and counties along I-35E between I-635 (LBJ Freeway) and U.S. 380 to advocate for funding to reconstruct this section of interstate freeway.
I-35E currently has six general purpose lanes and two-lane service roads, and carries about 200,000 vehicles per day. The design developed by the Texas Department of Transportation (TxDOT) would provide eight general purpose lanes, four managed toll lanes, and three-lane service roads. It is anticipated that traffic volumes will increase to 330,000 vehicles per day by 2030. The schematic design has been approved and environmental approvals are expected in early 2011. Only a small portion, less than one-half mile of this 28.2 mile, $4.4 billion project, is located in the City of Dallas. Denton County has already pledged $590 million towards the I-35E project from S.H. 121 regional toll revenues and a voter-approved bond program.
The City of Dallas has been asked to approve a Council resolution supporting the proposed design of I-35E and advocating for TxDOT to be given statutory authority by the state legislature to enter into a public-private partnership to fund and construct the project in an expedited time frame. The proposed resolution was briefed to the Council Transportation and Environment Committee on November 8, 2010. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On November 8, 2010, the Transportation and Environment Committee was briefed.
FISCAL INFORMATION
No cost consideration to the City.
MAP
Attached.
Agenda Date 12/08/2010 - page 2 [Vicinity Map]
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JOE FIELD
[1-35E Design]
COUNCIL CHAMBER
December 8, 2010
WHEREAS, Interstate Highway 35 (I-35) was an original Interstate Highway that was approved by the Texas State Highway Commission in 1962; and,
WHEREAS, the Interstate Highway System in Texas has had a positive economic impact and I-35, in particular, has become one of the nation’s most important interstate routes due to international trade and commerce; and,
WHEREAS, traffic volumes have increased geometrically as cities along I-35 have grown and become economic centers of national importance; and,
WHEREAS, I-35 has been designated by the United States Congress as a High Priority Corridor on the National Highway System; and,
WHEREAS, I-35 has been designated as an international trade route for commerce, known as the NAFTA Superhighway; and,
WHEREAS, the segment of I-35 East (I-35E) from Interstate Highway 635 (I-635) in Dallas to U.S. Highway 380 (U.S. 380) in Denton is approximately 28 miles in length with traffic counts between 175,000 and 200,000 vehicles per day; and,
WHEREAS, the 2030 traffic projections show traffic will exceed 330,000 vehicles per day in the most congested areas of I-35E; and,
WHEREAS, the use of managed toll lanes on I-35E has already been authorized by the Federal Highway Administration (FHWA) through approval of an Express Lane Demonstration Program entered into between TxDOT and FHWA on September 30, 2009; and,
WHEREAS, the design schematics and interstate access justification for I-35E were approved by FHWA on October 28, 2009; and,
WHEREAS, the design schematic for I-35E calls for the construction of four general purpose lanes and three service road lanes in each direction, providing a total of fourteen lanes for which no toll will be assessed; and,
WHEREAS, the capacity for the I-35E general purpose lanes and service road lanes will be enhanced by the inclusion of two managed toll lanes in each direction, and the managed toll lanes are a critical component to obtain financing necessary to complete development of the project; and,
WHEREAS, there has been significant public involvement during the I-35E design process, including multiple public meetings and forums; and, COUNCIL CHAMBER
December 8, 2010
WHEREAS, TxDOT has over the past ten years worked closely with local elected officials, stakeholders, and citizens along I-35E on the planned improvements; and,
WHEREAS, the total cost of the project, which is divided into three segments covering 28 miles, is projected to be $4.4 billion; and,
WHEREAS, Denton County has pledged $535 million in Regional Toll Revenue funds and $55 million in voter-approved County Road Bond funds to help finance the completion of the entire I-35E project; and,
WHEREAS, local officials understand the need for managed toll lanes, and support their inclusion in the congested I-35E corridor; and,
WHEREAS, the funding of I-35E utilizing innovative financing mechanisms, such as public-private partnerships, remains the only viable alternative to complete the construction of I-35E within a time horizon of five to seven years; and,
WHEREAS, I-35E public hearings are underway and final environmental clearance is expected in the first quarter of 2011.
Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That the City of Dallas supports the proposed TxDOT design for I-35E from I-635 to U.S. 380, which incorporates managed toll lanes.
Section 2. That the City of Dallas supports the use of innovative financing mechanisms, including public private-partnerships, in order to complete the I-35E improvements in five to seven years.
Section 3. That the City of Dallas supports giving TxDOT statutory authority to enter into public-private partnerships for the purpose of seeking competitive proposals and awarding the construction of the planned improvements for I-35E.
Section 4. That the City of Dallas supports expedited approval of authorization for TxDOT to enter into public-private partnerships with an effective date in the first quarter of calendar year 2011 to facilitate an early issuance of requests for proposals.
Section 5. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved. AGENDA ITEM # 38 KEY FOCUS AREA: Economic Vibrancy
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): Outside City Limits
DEPARTMENT: Sustainable Development and Construction
CMO: A. C. Gonzalez, 671-8925
MAPSCO: 30C-N ______
SUBJECT
A resolution authorizing conveyance of a storm drainage easement containing approximately 18,550 square feet of land to the State of Texas for the construction and maintenance of storm water drainage facilities across City-owned land at Lake Ray Hubbard, located near the intersection of Henry M. Chandler Drive and Farm to Market Road 740 - Revenue: $44,525
BACKGROUND
This item authorizes the conveyance of a storm drainage easement across City-owned land at Lake Ray Hubbard to the State of Texas needed for the Farm to Market Road 740 project. The operation, construction, repair and full maintenance of this project shall be at no cost to the City of Dallas.
The consideration is based on an independent appraisal.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
This item has no prior action.
FISCAL INFORMATION
Revenue: $44,525
MAPS
Attached o Mapsco,Inc.
I iMapsco 30C-N \ ,'-····································ccc.:c===::cf Lake Ray Hubbard
..Drainage Easement
COUNCIL CHAMBERS
December 8, 2010
WHEREAS, the City of Dallas owns certain tracts of land which are used for Lake Ray Hubbard; and
WHEREAS, the State of Texas has requested a storm drainage easement on said land for the construction , maintenance and use of storm water drainage facilities containing a total of approximately 18,550 square feet of land, located in Abstract No. 207, Rockwall County, Texas; Now Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That upon receipt of FORTY-FOUR THOUSAND FIVE HUNDRED TWENTY-FIVE AND NO/100 ($44,525.00) DOLLARS from the State of Texas the City Manager is authorized to execute a storm drainage easement to be attested by the City Secretary upon approval as to form by the City Attorney for a total of approximately 18,550 square feet tract of land, located in Abstract No. 207, Rockwall County, Texas.
SECTION 2. That the City Controller is authorized to deposit the proceeds in General Fund 0001, Department DEV, Balance Sheet 0519 and Sustainable Development and Construction - Real Estate Division shall be reimbursed for administrative cost incurred (Fund 0001, Department DEV, Unit 1183, Object 5011). Any remaining proceeds shall be transferred to the Water and Sewer Revenue Fund 0100, Department DWU, Unit 7005, Revenue Source 8428.
SECTION 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
APPROVED AS TO FORM: THOMAS P. PERKINS, JR. CITY ATTORNEY
By: ~ . (, Wll(}h ssistant City Attorney
AGENDA ITEM # 39 KEY FOCUS AREA: Economic Vibrancy
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): 2
DEPARTMENT: Sustainable Development and Construction Public Works & Transportation
CMO: A. C. Gonzalez, 671-8925 Jill A. Jordan, P.E., 670-5299
MAPSCO: 55H ______
SUBJECT
Authorize moving expense and rental assistance payments for Rosalba Zavala in the Cadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property at 710 Packard Street for future City facilities - Not to exceed $16,100 - Financing: 2006 Bond Funds
BACKGROUND
Chapter 39A of the Revised Code of Civil and Criminal Ordinances of the City of Dallas provides moving expense and rental assistance payments for individuals displaced by the City of Dallas in conjunction with its real property acquisition activities. On June 11, 2008, the City Council approved Resolution No. 08-1668 which authorized the acquisition of real property known as 710 Packard Street for future City facilities. Rosalba Zavala will be displaced as a direct result of this property acquisition. She has qualified for a moving expense payment of up to $1,400 and a rental assistance payment of up to $14,700 pursuant to City Code and will use the rental assistance payment to obtain a replacement dwelling.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On June 11, 2008, the City Council authorized the acquisition of single family homes in the Cadillac Heights neighborhood for future City facilities by Resolution No. 08-1668.
FISCAL INFORMATION
2006 Bond Funds - $16,100 OWNER
Maria Carrillo
TENANT
Rosalba Zavala
MAP
Attached
Agenda Date 12/08/2010 - page 2 FUTURE CITY FACILITIES PROJECT RELOCATION ASSISTANCE
Lot 9, Block 13/6641 — 710 Packard Street
COUNCIL CHAMBER
December 8, 2010
WHEREAS, on November 7, 2006, Dallas voters approved the use of General Obligation Bonds to acquire property for future City facilities; and
WHEREAS, Rosalba Zavala will be displaced as a direct result of this property acquisition and will vacate the property; and
WHEREAS, Chapter 39A of the Revised Code of Civil and Criminal Ordinances of the City of Dallas provides moving expense and rental assistance payments for individuals displaced by City of Dallas property acquisition activities; and
WHEREAS, on June 11, 2008, the City Council approved Resolution No. 08-1668 authorizing the acquisition of 710 Packard Street located in the Cadillac Heights neighborhood, to be used in conjunction with the construction of future City facilities; and
Now Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That Rosalba Zavala will be displaced in conjunction with future City facilities and is entitled to moving expense and rental assistance payments pursuant to Chapter 39A of the Revised Code of Civil and Criminal Ordinances of the City of Dallas.
Section 2. That Rosalba Zavala is eligible to receive a moving expense payment in an amount up to $1,400 and a rental assistance payment in an amount up to $14,700.
Section 3. That the City Controller is authorized to draw warrants in favor of Rosalba Zavala in an amount not to exceed $16,100 for moving expense and rental assistance payments.
These warrants are to be paid as follows:
Fund Dept Unit Obj Act Code Prog No CT Vendor No Amount
8T11 PBW T825 4240 LAAQ PB06T825 PBW06T825D2 VC0000009382 $14,700 8T11 PBW T825 4240 LAAQ PB06T825 PBW06T825D1 VC0000009409 $ 1,400 COUNCIL CHAMBER
December 8, 2010
Section 4. That this resolution shall take effect immediately from and after its passage in accordance with provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
Distribution:
Sustainable Construction and Development – Theresa O’Donnell City Attorney – Thomas P. Perkins, Jr. City Controller – Sherrian Parham, 4BN Public Works and Transportation – Rosemary Prichard, OCMC, Room 101 AGENDA ITEM # 40 KEY FOCUS AREA: Economic Vibrancy
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): 2
DEPARTMENT: Sustainable Development and Construction Public Works & Transportation
CMO: A. C. Gonzalez, 671-8925 Jill A. Jordan, P.E., 670-5299
MAPSCO: 55H ______
SUBJECT
Authorize moving expense and replacement housing payments for Nora Gonzalez in the Cadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property at 803 Buick Avenue for future City facilities - Not to exceed $33,800 - Financing: 2006 Bond Funds
BACKGROUND
Chapter 39A of the Revised Code of Civil and Criminal Ordinances of the City of Dallas provides moving expense and replacement housing payments for homeowners displaced by the City of Dallas in conjunction with its real property acquisition activities. On June 9, 2010, the City Council approved Resolution No. 10-1497 which authorized the acquisition of real property known as 803 Buick Avenue for future City facilities. Nora Gonzalez will be displaced as a direct result of this property acquisition. She has qualified for a moving expense payment of up to $1,300 and a replacement housing payment of up to $32,500 pursuant to City Code and will use the replacement housing payment to acquire a replacement property.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On June 9, 2010, the City Council authorized the acquisition of single family homes in the Cadillac Heights neighborhood for future City facilities by Resolution No. 10-1497.
FISCAL INFORMATION
2006 Bond Funds - $33,800 OWNER
Nora Gonzalez
MAP
Attached
Agenda Date 12/08/2010 - page 2 FUTURE CITY FACILITIES PROJECT RELOCATION ASSISTANCE
Lot 9, Block 11/6641 — 803 Buick Avenue
COUNCIL CHAMBER
December 8, 2010
WHEREAS, on November 7, 2006, Dallas voters approved the use of General Obligation Bonds to acquire property for future City facilities; and
WHEREAS, Nora Gonzalez will be displaced as a direct result of this property acquisition and will vacate the property; and
WHEREAS, Chapter 39A of the Revised Code of Civil and Criminal Ordinances of the City of Dallas provides moving expense and replacement housing payments for homeowners displaced by City of Dallas property acquisition activities; and
WHEREAS, on June 9, 2010, the City Council approved Resolution No. 10-1497 authorizing the acquisition of 803 Buick Avenue located in the Cadillac Heights neighborhood, to be used in conjunction with the construction of future City facilities; and
Now Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That Nora Gonzalez will be displaced in conjunction with future City facilities and is entitled to moving expense and replacement housing payments pursuant to Chapter 39A of the Revised Code of Civil and Criminal Ordinances of the City of Dallas.
Section 2. That Nora Gonzalez is eligible to receive a moving expense payment in an amount up to $1,300 and a replacement housing payment in an amount up to $32,500.
Section 3. That the City Controller is authorized to draw warrants in favor of Nora Gonzalez in an amount not to exceed $33,800 for moving expense and replacement housing payments.
These warrants are to be paid as follows:
Fund Dept Unit Obj Act Code Prog No CT Vendor No Amount
8T11 PBW T825 4240 LAAQ PB06T825 PBW06T825C7 VC0000009384 $32,500 8T11 PBW T825 4240 LAAQ PB06T825 PBW06T825C8 VC0000009385 $ 1,300 COUNCIL CHAMBER
December 8, 2010
Section 4. That this resolution shall take effect immediately from and after its passage in accordance with provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
Distribution:
Sustainable Construction and Development – Theresa O’Donnell City Attorney – Thomas P. Perkins, Jr. City Controller – Sherrian Parham, 4BN Public Works and Transportation – Rosemary Prichard, OCMC, Room 101 AGENDA ITEM # 41 KEY FOCUS AREA: Economic Vibrancy
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): 2
DEPARTMENT: Sustainable Development and Construction Public Works & Transportation
CMO: A. C. Gonzalez, 671-8925 Jill A. Jordan, P.E., 670-5299
MAPSCO: 55H ______
SUBJECT
Authorize moving expense and replacement housing payments for Frances Pedroza in the Cadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property at 2939 Gloyd Street for future City facilities - Not to exceed $39,900 - Financing: 2006 Bond Funds
BACKGROUND
Chapter 39A of the Revised Code of Civil and Criminal Ordinances of the City of Dallas provides moving expense and replacement housing payments for homeowners displaced by the City of Dallas in conjunction with its real property acquisition activities. On June 9, 2010, the City Council approved Resolution No. 10-1497 which authorized the acquisition of real property known as 2939 Gloyd Street for future City facilities. Frances Pedroza will be displaced as a direct result of this property acquisition. She has qualified for a moving expense payment of up to $1,500 and a replacement housing payment of up to $38,400 pursuant to City Code and will use the replacement housing payment to acquire a replacement property.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On June 9, 2010, the City Council authorized the acquisition of single family homes in the Cadillac Heights neighborhood for future City facilities by Resolution No. 10-1497.
FISCAL INFORMATION
2006 Bond Funds - $39,900 OWNER
Frances Pedroza
MAP
Attached
Agenda Date 12/08/2010 - page 2 FUTURE CITY FACILITIES PROJECT RELOCATION ASSISTANCE
Lot 10, Block 6642 — 2939 Gloyd Street
COUNCIL CHAMBER
December 8, 2010
WHEREAS, on November 7, 2006, Dallas voters approved the use of General Obligation Bonds to acquire property for future City facilities; and
WHEREAS, Frances Pedroza will be displaced as a direct result of this property acquisition and will vacate the property; and
WHEREAS, Chapter 39A of the Revised Code of Civil and Criminal Ordinances of the City of Dallas provides moving expense and replacement housing payments for homeowners displaced by City of Dallas property acquisition activities; and
WHEREAS, on June 9, 2010, the City Council approved Resolution No. 10-1497 authorizing the acquisition of 2939 Gloyd Street located in the Cadillac Heights neighborhood, to be used in conjunction with the construction of future City facilities; and
Now Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That Frances Pedroza will be displaced in conjunction with future City facilities and is entitled to moving expense and replacement housing payments pursuant to Chapter 39A of the Revised Code of Civil and Criminal Ordinances of the City of Dallas.
Section 2. That Frances Pedroza is eligible to receive a moving expense payment in an amount up to $1,500 and a replacement housing payment in an amount up to $38,400.
Section 3. That the City Controller is authorized to draw warrants in favor of Frances Pedroza in an amount not to exceed $39,900 for moving expense and replacement housing payments.
These warrants are to be paid as follows:
Fund Dept Unit Obj Act Code Prog No CT Vendor No Amount
8T11 PBW T825 4240 LAAQ PB06T825 PBW06T825B7 VC0000009329 $38,400 8T11 PBW T825 4240 LAAQ PB06T825 PBW06T825B8 VC0000009328 $ 1,500 COUNCIL CHAMBER
December 8, 2010
Section 4. That this resolution shall take effect immediately from and after its passage in accordance with provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
Distribution:
Sustainable Construction and Development – Theresa O’Donnell City Attorney – Thomas P. Perkins, Jr. City Controller – Sherrian Parham, 4BN Public Works and Transportation – Rosemary Prichard, OCMC, Room 101 AGENDA ITEM # 42 KEY FOCUS AREA: Economic Vibrancy
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): 2
DEPARTMENT: Sustainable Development and Construction Public Works & Transportation
CMO: A. C. Gonzalez, 671-8925 Jill A. Jordan, P.E., 670-5299
MAPSCO: 55H ______
SUBJECT
Authorize moving expense and replacement housing payments for Benjamin Gomez in the Cadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property at 911 Pontiac Avenue for future City facilities - Not to exceed $41,600 - Financing: 2006 Bond Funds
BACKGROUND
Chapter 39A of the Revised Code of Civil and Criminal Ordinances of the City of Dallas provides moving expense and replacement housing payments for homeowners displaced by the City of Dallas in conjunction with its real property acquisition activities. On October 28, 2009, the City Council approved Resolution No. 09-2646 which authorized the acquisition of real property known as 911 Pontiac Avenue for future City facilities. Benjamin Gomez will be displaced as a direct result of this property acquisition. He has qualified for a moving expense payment of up to $1,200 and a replacement housing payment of up to $40,400 pursuant to City Code and will use the replacement housing payment to acquire a replacement property.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On October 28, 2009, the City Council authorized the acquisition of single family homes in the Cadillac Heights neighborhood for future City facilities by Resolution No. 09-2646.
FISCAL INFORMATION
2006 Bond Funds - $41,600 OWNER
Benjamin Gomez
MAP
Attached
Agenda Date 12/08/2010 - page 2 FUTURE CITY FACILITIES PROJECT RELOCATION ASSISTANCE
Lot 16, Block 3/6641 — 911 Pontiac Avenue
COUNCIL CHAMBER
December 8, 2010
WHEREAS, on November 7, 2006, Dallas voters approved the use of General Obligation Bonds to acquire property for future City facilities; and
WHEREAS, Benjamin Gomez will be displaced as a direct result of this property acquisition and will vacate the property; and
WHEREAS, Chapter 39A of the Revised Code of Civil and Criminal Ordinances of the City of Dallas provides moving expense and replacement housing payments for homeowners displaced by City of Dallas property acquisition activities; and
WHEREAS, on October 28, 2009, the City Council approved Resolution No. 09-2646 authorizing the acquisition of 911 Pontiac Avenue located in the Cadillac Heights neighborhood, to be used in conjunction with the construction of future City facilities; and
Now Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That Benjamin Gomez will be displaced in conjunction with future City facilities and is entitled to moving expense and replacement housing payments pursuant to Chapter 39A of the Revised Code of Civil and Criminal Ordinances of the City of Dallas.
Section 2. That Benjamin Gomez is eligible to receive a moving expense payment in an amount up to $1,200 and a replacement housing payment in an amount up to $40,400.
Section 3. That the City Controller is authorized to draw warrants in favor of Benjamin Gomez in an amount not to exceed $41,600 for moving expense and replacement housing payments.
These warrants are to be paid as follows:
Fund Dept Unit Obj Act Code Prog No CT Vendor No Amount
8T11 PBW T825 4240 LAAQ PB06T825 PBW06T825C3 VC0000009363 $40,400 8T11 PBW T825 4240 LAAQ PB06T825 PBW06T825C4 VC0000009364 $ 1,200 COUNCIL CHAMBER
December 8, 2010
Section 4. That this resolution shall take effect immediately from and after its passage in accordance with provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
Distribution:
Sustainable Construction and Development – Theresa O’Donnell City Attorney – Thomas P. Perkins, Jr. City Controller – Sherrian Parham, 4BN Public Works and Transportation – Rosemary Prichard, OCMC, Room 101 AGENDA ITEM # 43 KEY FOCUS AREA: Economic Vibrancy
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): 7
DEPARTMENT: Sustainable Development and Construction Public Works & Transportation
CMO: A. C. Gonzalez, 671-8925 Jill A. Jordan, P.E., 670-5299
MAPSCO: 55M ______
SUBJECT
Authorize moving expense and replacement housing payments for Lillian Ford in the Cadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property at 2836 Alex Street for future City facilities - Not to exceed $42,900 - Financing: 2006 Bond Funds
BACKGROUND
Chapter 39A of the Revised Code of Civil and Criminal Ordinances of the City of Dallas provides moving expense and replacement housing payments for homeowners displaced by the City of Dallas in conjunction with its real property acquisition activities. On June 9, 2010, the City Council approved Resolution No. 10-1497 which authorized the acquisition of real property known as 2836 Alex Street for future City facilities. Lillian Ford will be displaced as a direct result of this property acquisition. She has qualified for a moving expense payment of up to $1,500 and a replacement housing payment of up to $41,400 pursuant to City Code and will use the replacement housing payment to acquire a replacement property.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On June 9, 2010, the City Council authorized the acquisition of single family homes in the Cadillac Heights neighborhood for future City facilities by Resolution No. 10-1497.
FISCAL INFORMATION
2006 Bond Funds - $42,900 OWNER
Lillian Ford
MAP
Attached
Agenda Date 12/08/2010 - page 2 FUTURE CITY FACILITIES PROJECT RELOCATION ASSISTANCE
Lot 85, Block 6642 — 2836 Alex Street
COUNCIL CHAMBER
December 8, 2010
WHEREAS, on November 7, 2006, Dallas voters approved the use of General Obligation Bonds to acquire property for future City facilities; and
WHEREAS, Lillian Ford will be displaced as a direct result of this property acquisition and will vacate the property; and
WHEREAS, Chapter 39A of the Revised Code of Civil and Criminal Ordinances of the City of Dallas provides moving expense and replacement housing payments for homeowners displaced by City of Dallas property acquisition activities; and
WHEREAS, on June 9, 2010, the City Council approved Resolution No. 10-1497 authorizing the acquisition of 2836 Alex Street located in the Cadillac Heights neighborhood, to be used in conjunction with the construction of future City facilities; and Now Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That Lillian Ford will be displaced in conjunction with future City facilities and is entitled to moving expense and replacement housing payments pursuant to Chapter 39A of the Revised Code of Civil and Criminal Ordinances of the City of Dallas.
Section 2. That Lillian Ford is eligible to receive a moving expense payment in an amount up to $1,500 and a replacement housing payment in an amount up to $41,400.
Section 3. That the City Controller is authorized to draw warrants in favor of Lillian Ford in an amount not to exceed $42,900 for moving expense and replacement housing payments.
These warrants are to be paid as follows:
Fund Dept Unit Obj Act Code Prog No CT Vendor No Amount
8T11 PBW T825 4240 LAAQ PB06T825 PBW06T825C1 VC0000009327 $41,400 8T11 PBW T825 4240 LAAQ PB06T825 PBW06T825C2 VC0000009326 $ 1,500
Section 4. That this resolution shall take effect immediately from and after its passage in accordance with provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
Distribution:
Sustainable Construction and Development – Theresa O’Donnell City Attorney – Thomas P. Perkins, Jr. City Controller – Sherrian Parham, 4BN Public Works and Transportation – Rosemary Prichard, OCMC, Room 101
AGENDA ITEM # 44 KEY FOCUS AREA: Economic Vibrancy
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): 14
DEPARTMENT: Sustainable Development and Construction
CMO: A. C. Gonzalez, 671-8925
MAPSCO: 45C ______
SUBJECT
An ordinance abandoning a portion of CityPlace West Boulevard to Blackburn Central Holdings, L.P., the abutting owner, containing approximately 1,452 square feet of land located near its intersection with U.S. Highway 75, authorizing the quitclaim, and providing for the dedication of approximately 16,997 square feet of land needed for street right-of-way - Revenue: $5,400 plus the $20 ordinance publication fee
BACKGROUND
This item authorizes the abandonment of a portion of CityPlace West Boulevard to Blackburn Central Holdings, L.P., the abutting owner. The area to be abandoned will be included with the property of the abutting owner for the realignment of the terminus of CityPlace West Boulevard as well as the terminus and turn-around for the McKinney Avenue trolley. The owner will dedicate approximately 16,997 square feet of land for needed street right-of-way. The cost of this abandonment is the minimum processing fee pursuant to the Dallas City Code, therefore, no appraisal is required.
This transaction is consistent with the recommendations of the Real Estate Task Force.
Notices were sent to 2 property owners located within 300 feet of the proposed abandonment area. There were no responses received in opposition to this request.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
This item has no prior action.
FISCAL INFORMATION
Revenue: $5,400 plus the $20 ordinance publication fee OWNER
Blackburn Central Holdings, L.P.
Hampstead Associates, Inc. Donald J. McNamara, President
MAPS
Attached
Agenda Date 12/08/2010 - page 2 O~ Ml~ 45C j-==-c:JO.25Mi.....-1 ~ ..."I", 1 • 11: "'l"'l? 1/639
Lemmon Ave. West
= Abandonment Area Proposed R.O.W = Dedication - Howell / Street ORDINANCE NO. ______
An ordinance providing for the abandonment of a portion of CityPlace West Boulevard located adjacent to City Block 1/639 in the City of Dallas and County of Dallas, Texas; providing for the quitclaim thereof to Blackburn Central Holdings, L.P.; providing for the terms and conditions of the abandonment and quitclaim made herein; providing for barricading; providing for the conveyance of needed land to the City of Dallas; providing for the indemnification of the City of Dallas against damages arising out of the abandonment herein; providing for the consideration to be paid to the City of Dallas; providing for the payment of the publication fee; providing a future effective date for this abandonment; and providing an effective date for this ordinance.
ooo0ooo WHEREAS, the City Council of the City of Dallas, acting pursuant to law and upon the request and petition of Blackburn Central Holdings, L.P., a Texas limited partnership, hereinafter referred to as GRANTEE, deems it advisable to abandon and quitclaim the hereinafter described tract of land to GRANTEE, and is of the opinion that, subject to the terms and conditions herein provided, said portion of CityPlace West Boulevard is not needed for public use, and same should be abandoned and quitclaimed to GRANTEE, as hereinafter stated; and WHEREAS, the City Council of the City of Dallas is of the opinion that the best interest and welfare of the public will be served by abandoning and quitclaiming the same to GRANTEE for the consideration and subject to the terms and conditions hereinafter more fully set forth; Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That the tract of land described in Exhibit A, which is attached hereto and made a part hereof, be abandoned, vacated and closed insofar as the right, title and interest of the public are concerned; subject, however, to the conditions and future effective date hereinafter more fully set out.
GM/35521 1 SECTION 2. That for and in monetary consideration of the sum of FIVE THOUSAND FOUR HUNDRED AND NO/100 ($5,400.00) DOLLARS paid by GRANTEE, and the further consideration described in Sections 8, 9, 10, 11, 14 and 15, the City of Dallas does by these presents FOREVER QUITCLAIM unto the said GRANTEE, subject to the conditions, reservations, future effective date and exceptions hereinafter made and with the restrictions and upon the covenants below stated, all of its right, title and interest in and to that certain tract described in Exhibit A. TO HAVE AND TO HOLD all of such right, title and interest in and to the property and premises, subject aforesaid, together with all and singular the rights, privileges, hereditaments and appurtenances thereto in any manner belonging unto the said GRANTEE forever. SECTION 3. That upon payment of the monetary consideration set forth in Section 2, GRANTEE accepts the terms, provisions, and conditions of this ordinance. SECTION 4. That the City Controller is authorized to deposit the sum paid by GRANTEE pursuant to Section 2 above in the General Fund 0001, Department DEV, Balance Sheet 0519 and Department of Sustainable Development and Construction - Real Estate Division shall be reimbursed for the cost of obtaining the legal description, appraisal and other administrative costs incurred. The reimbursement proceeds shall be deposited in General Fund 0001, Department DEV, Unit 1183, Object 5011 and any remaining proceeds shall be transferred to the General Capital Reserve Fund 0625, Department BMS, Unit 8888, Revenue Source 8416. SECTION 5. That the abandonment and quitclaim provided for herein are made subject to all present zoning and deed restrictions, if the latter exist, and are subject to all existing easement rights of others, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise, and are further subject to the conditions contained in Exhibit B, which is attached hereto and for all intents and purposes made a part hereof. SECTION 6. That the terms and conditions contained in this ordinance shall be binding upon GRANTEE, its successors and assigns.
GM/35521 2 SECTION 7. That the abandonment and quitclaim provided for herein shall extend only to the public right, title, easement and interest, and shall be construed to extend only to that interest the Governing Body of the City of Dallas may legally and lawfully abandon and vacate. SECTION 8. That as a condition of this abandonment and as a part of the consideration for the quitclaim to GRANTEE herein, GRANTEE, its successors and assigns, agree to indemnify, defend, release and hold the City of Dallas whole and harmless against any and all claims for damages, fines, penalties, costs or expenses to persons or property that may arise out of, or be occasioned by or from: (i) the use and occupancy of the property described in Exhibit A by GRANTEE, its successors and assigns; (ii) the presence, generation, spillage, discharge, release, treatment or disposition of any Hazardous Substance on or affecting the area set out in Exhibit A, (iii) all corrective actions concerning any discovered Hazardous Substances on or affecting the area described in Exhibit A, which GRANTEE, its successors and assigns, agree to undertake and complete in accordance with applicable federal, state and local laws and regulations; and (iv) the abandonment, closing, vacation and quitclaim by the City of Dallas of the area set out in Exhibit A. GRANTEE, its successors and assigns, hereby agree to defend any and all suits, claims, or causes of action brought against the City of Dallas on account of same, and discharge any judgment or judgments that may be rendered against the City of Dallas in connection therewith. For purposes hereof, "Hazardous Substance” means the following: (a) any “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., as amended; (b) any “hazardous substance” under the Texas Hazardous Substances Spill Prevention and Control Act, TEX. WATER CODE, Section 26.261 et seq., as amended; (c) petroleum or petroleum-based products (or any derivative or hazardous constituents thereof or additives thereto), including without limitation, fuel and lubricating oils; (d) any “hazardous chemicals” or “toxic chemicals” under the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq., as amended; (e) any “hazardous waste” under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., as amended; and (f) any “chemical substance” under the Toxic Substance Control Act, 15 U.S.C. Section 2601 et seq., as amended.
GM/35521 3 References to particular acts or codifications in this definition include all past and future amendments thereto, as well as applicable rules and regulations as now or hereafter promulgated thereunder. SECTION 9. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall: a) Obtain a street cut permit from Public Works Department at 214-948-4445. b) Install a right turn only lane for westbound Lemmon Avenue onto northbound Howell Street if the City Traffic Engineer deems traffic conditions have become unsafe from the proposed development. c) Contact Traffic Construction Coordinator Mr. Russell Finley at 214-670-5896 for scheduling lane closures or any other restrictions of public right-of-way associated with this project. d) Relocate existing water mains out of the abandoned area. e) Relocate any existing storm sewer or provide an easement if there is a need.
SECTION 10. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall file a final replat of the adjoining properties prior to the issuance of any building permits affecting the tract of land abandoned and quitclaimed herein. This final replat shall be recorded by GRANTEE in the Deed Records of Dallas County, Texas after its approval by the City Plan Commission of the City of Dallas. SECTION 11. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall convey by General Warranty Deed to the City of Dallas, within 90 days of the effective date of this ordinance, good, indefeasible and marketable fee simple title subject to only those title exceptions approved by the City Attorney, insured by an owner’s policy of title insurance approved as to form by the City Attorney, to certain properties located in City Block 1/639, containing approximately 16,997 square feet of land, a description of which is attached hereto and made a part hereof as Exhibit C. This abandonment shall not be effective unless and until this dedication is completed as herein provided and failure to convey the above described property as set forth shall render this ordinance null and void and of no further effect.
GM/35521 4 SECTION 12. That at such time as the instrument described in Section 11 above is executed and delivered to the City of Dallas and has been approved as to form by the City Attorney it be accepted, and thereafter, the Director of Sustainable Development and Construction is authorized and directed to record said instrument in the Deed Records of Dallas County, Texas; and the recorded instrument shall be forwarded to the City Secretary for permanent record. SECTION 13. That this ordinance and properly executed General Warranty Deed, approved as to form by the City Attorney, be forwarded to a title insurance company for closing. Subsequent to closing, all instruments conveying real estate interests to the City of Dallas shall be recorded in the official real property records of the county in which the subject property is located and thereafter returned to the City Secretary for permanent record. SECTION 14. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall pay all closing costs and title expenses associated with the acquisition of the property described in Section 11 above. SECTION 15. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall, immediately upon the passage of this ordinance, close, barricade and/or place signs in the area described in Exhibit A in accordance with detailed plans approved by the Director of Sustainable Development and Construction. GRANTEE's responsibility for keeping the area described in Exhibit A closed, barricaded and/or the signs in place shall continue until the street improvements and intersection returns are removed by GRANTEE, its successors and assigns, to the satisfaction of the Director of Sustainable Development and Construction.
GM/35521 5 SECTION 16. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recordation in the Deed Records of Dallas County, Texas, which certified copy shall be delivered to the Director of Sustainable Development and Construction, or designee. Upon receipt of the monetary consideration set forth in Sections 2 and 14, plus the fee for the publishing of this ordinance, which GRANTEE shall likewise pay and completion of the dedication set forth in Section 11, the Director of Sustainable Development and Construction, or designee: (i) shall deliver to GRANTEE a certified copy of this ordinance, and (ii) is authorized to and shall prepare and deliver a QUITCLAIM DEED with regard to the area abandoned herein, to GRANTEE hereunder, same to be executed by the City Manager on behalf of the City of Dallas, attested by the City Secretary and approved as to form by the City Attorney. The Director of Sustainable Development and Construction, or designee, shall be the sole source for receiving certified copies of this ordinance for one year after its passage. SECTION 17. That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so ordained.
APPROVED AS TO FORM: THOMAS P. PERKINS, JR. THERESA O'DONNELL City Attorney Director of Sustainable Development and Construction
(, BY ~'l/ \/V/Ju#y BY_~~~~=--__.....:...,, Assistant City Attorney
Passed _ EXHttsi I f\
RIGHT-OF-WAY ABANDONMENT PART OF LOT lA, BLOCK 1/639 JOHN GRIGSBY SURVEY, ABSTRACT NUMBER 495 CITY OF DAlLAS, DAlLAS COUNTY, TEXAS
RIGHT-OF-WAY ABANDONMENT 1,452 S.F. ClTYPLACE WEST BOULEVARD 0.033 Ac. (variable width R.O. W.) R.IGHT·OF·WAY DEDICATION TRAIT 0.6 VOLUME 2000179, PAGE 5169 .{.~
NUMBER BEARING DISTANCE 21' EASEMENT TO CITY OF DALLAS VOL. 86247, PG. 1 L8 N44-57'40"W 76.76' L9 S89-57'40"E 53.50' UO SOO-47'06"E 54.28'
aN BLOCK 1/6J9 POR.TlON OF LOT lA, BLOCK 1/639 QTYPLACE ADDITION VOL 86247, PC 1 D.ItD.CT.
BLACKBUR.N CENTRAL HOLDINGS, LP. VOL 96208, PG 3nO PRD.CT.
UECrEND o 60' CIRS capped ~on rod set SCALE: 1" = 60' 'x' FND "x" cut found (For SPRG m. conly) 5/8" IRF iron rod found Reviewed By.-FP;::;~.-::-=-::- Date: £!)·1.O·wliO (C.M.) controlling monument SPRG NO. 1904 R.O. W. abandonment Page 2 of 2 C3 BROCKETTE . DAVIS . DRAKE , Inc. R.O. \Yo ABANDONMENT c>c>consulting engineers 0.033 ACRES CIvil &: Structural Engineering·SUMl~g 1,452 Sq. Ft. 4144 North Central Expr8ll8WoY. Suite 1100 Dallas,Texas 75204 (214)824-3647. fox (214) 824-7064
CHECKED DRAWN EXHiBIT A RIGHT-OF-WAY ABANDONMENT PART OF LOT lA, BLOCK 1/639 JOHN GRIGSBY SURVEY, ABSTRACT NUMBER 495 CITY OF DALLAS, DALLAS COUNTY, TEXAS
PROPERTY DESCRIPTION
BEING a 0.033 acre tract of land situated in the John Grigsby Survey, Abstract No. 495, and being a portion of Lot 1A, Block 11639, Cit}p/ace Addition, according to the plat thereof recorded in Volume B6247, Page 1, Deed Records, Dallas County, Texas (O.R.O.C. T.), and also being a called dedicated right-of-way shown as Tract 0-6, as conveyed to the City of Dallas by Special Warranty Deed recorded in Volume 2000179, Page 5169, (O.R.O.C. T.), and being more particularly described as follows: N COMMENCING at an NX cut In concrete found for corner at the Intersection of southwest right-of-way line of Cit}p/ace West Boulevard (variable width R.O.W.) with the westerly right-of-way line of U.S. Highway 75 (North Central Expressway, variable width R.O. W.);
THENCE departing the westerly right-of-way line of said U.S. Highway 75, and along said southwest N right-of-way line of Cit}p/ace West Boulevard, North 44'57'40 West, a distance of 30.1B feet to a SiB-inch iron rod set with yellow plastic cap stamped -BOON and being the POINT OF BEGINNING; N THENCE continuing along said southwest right-of-way line of Cit}place West Boulevard North 44'57'40 West, N; 76.76 feet to a SiB-inch iron rod set with yellow plastic cap stamped NBOO
THENCE South B9'57'40N East, a distance of 53.50 feet to a SIB-Inch iron rod set with yellow plastic cap stamped -BOON; N THENCE South 00'47'06 East, a distance of 54.2B feet to the POINT OF BEGINNING and containing 0.033 acres (1,452 square feet) of land, more or less.
(For SPR~~nIY) Reviewed By.Z Date: II· ~ . 'UfO SPRG NO. 1904 Page 1 of 2
C3 BROCKETTE . DAVIS . DRAKE • Inc. R,O, ~ ABANDONMENT c>c>consulting engineers 0.033 ACRES C1\111 & Structural Engineering Surve)fng 1,452 Sq. Ft. 4144 North Central Expressway, Suite 1100 Dallas,Texas 75204- (214)824-3647, fax (214) 824-7064 EXHIBIT B
ADDITIONAL ABANDONMENT PROVISIONS
That as a condition hereof, this abandonment is subject to any utilities or communication facilities, including without limitation water and wastewater lines, gas lines, and storm sewers, ("Facilities") presently located within the abandoned area described in Exhibit "A", owned and/or operated by the City of Dallas or any utility or communications company, public or private, ("Utility") and to the rights of any Utility for the use of the abandoned area for its Facilities. It is the intent of the foregoing to confirm and maintain and there is hereby reserved and excepted unto the City of Dallas, and not abandoned or conveyed hereunder, an easement (to which this abandonment is made expressly subject) over, upon, under, through, in, and across the abandoned area for each Utility for its respective Facilities located therein at the time of this abandonment, together with the right to make any subsequent alterations, additions, expansions, upgrades or modifications to such Facilities as may, from time to time be deemed necessary or convenient by the Utility owning and/or operating same. No buildings, structures (above or below ground) or trees shall be constructed or placed within the abandoned area without written consent of each affected Utility. Each Utility shall have the full right to remove and keep removed all or part of any buildings, fences, trees, or other improvements or growths which in any way may endanger or interfere with the construction, maintenance or efficiency of its respective Facilities lying within the abandoned area and shall at all times have the full right of ingress and egress to or from and upon the abandoned area for the purposes of reconstructing, removing, relocating, inspecting, patrolling, maintaining, expanding, upgrading, and/or adding to all or part of its Facilities without the necessity at any time of procuring the permission of anyone. The easement reserved hereunder and the conditions and restrictions to which this abandonment is subject shall remain for the benefit of the applicable Utility and/or operators of the Facilities until said Facilities are removed and relocated from the abandoned area. The relocation, removal or adjustment of any or all such Facilities, if made necessary by GRANTEE'S (whether one or more natural persons or legal entities) use of the abandonment area, shall be at the expense of GRANTEE herein, or GRANTEE'S successors and assigns. Should GRANTEE'S relocation or removal of the Facilities require the obtaining of new easements, the acquisition of same shall be at the expense of GRANTEE, GRANTEE'S successors and assigns. If any of the Facilities (or relocations thereof) are allowed to remain on any part of the abandoned area, the easements and buildings restrictions provided herein shall remain thereon. Upon removal or relocation of all of the Facilities, any easements reserved or created herein relating to such removed or relocated Facilities shall terminate, and any building restrictions herein created shall cease.
ABAN.EXB (revised 11/9/00) EXHIBIT C RIGHT-OF-WAY DEDICATION FOR HOlfEU STREET PART OF LOT lA, BLOCK 1/639 && 2/639 JOHN GRIGSBY SURVEY, ABSTRACT NUMBER 495 CITY OF DAlLAS, DAlLAS COUNTY, TEXAS PROPERTY DESCRIPTION
BEING a 0.390 acre tract of land situated in the John Grigsby Survey, Abstract No. 495, and being a portion of Lot lA, Block 1/639 and Block 21639, Cityplace Addition, according to the plot thereof recorded in Volume 86247, Page 1, Deed Records, Dallas County, Texas (D.R.D.C. T.), and also being a portion of Tract 210143 Z, as conveyed by General Warranty Deed to Blackburn Central Holdings, L.P., by deed recorded In Volume 96208, Page 3710, (D.R.D.C. T.), and being more particularly described as follows:
COMMENCING at on "X" cut in concrete found for corner at the Intersection of southwest right-of-way line of Cit}p/ace West Boulevard (variable width R.O.W.) with the westerly right-of-way line of U.S. Highway 75 (North Central Expressway, variable width R.O. W.);
THENCE deporting the westerly right-of-way line of said U.S. Highway 75, and along said southwest right-of-way line of Clt}p/ace West Boulevard, North #"57'40" West, a distance of 214.59 feet to a 5/8-lnch capped Iron rod set with a yellow plastic cop stamped "BOD" for the POINT OF BEGINNING, said point also being the beginning of a non-tangent curve to the right, having a radius of 267.50 feet;
THENCE deporting said southwest right-of-way line of Cityplace West Boulevard and along said non-tangent curve to the right, through a central angle of 21'00'23", on arc distance of 98.07 feet and a chord bearing and distance of South 34'32'09" West, 97.53 to a 5/8-inch copped iron rod set with a yellow plastic cop stamped "BOD";
THENCE South 45"02'20" West, a distance of 22B.24 feet to a 5lB-inch copped iron rod set with a yellow plastic cap stomped "BOD";
THENCE South 0010'39" East, a distance of 14.08 feet to a 5/8-lnch capped iron rod set with a yellow plastic cap stamped "BOD" In the northeast right-of-way line of Lemmon Avenue East (variable width right-of-way);
THENCE continuing along said northeast line of Lemmon Avenue East, North 45'23'42" West, a distance of 70.00 feet to a 5lB-inch copped iron rod set with a yellow plastic cap stamped "BOD";
THENCE deporting said northeast line of Lemmon Avenue East, North 89'49'21" East, a distance of 14.20 feet to a 5lB-lnch capped iron rod set with a yellow plastic cop stamped "BOO";
THENCE North 45'02'20" East, a distance of 22B.61 feet to a 5/8-lnch copped iron rod set with a yellow plastic cap stomped "BOD" and the beginning of a tangent curve to the left having a radius of 217.50 feet;
THENCE continuing along said curve to the left. through a central angle of 23'29'34". on arc distance of 89.1B feet and a chord bearing and distance of North 3317'33" East, 88.56 feet to a 5/8-lnch capped Iron rod set with a yellow plastic cap stomped "BOD";
THENCE North 11'34'59" West, a distance of 16.70 feet to a SIB-inch copped iron rod set with a yellow plastic cap stomped "BOD" in the aforementioned southwest right-of-way line of Cityplace West Boulevard;
THENCE along said southwest right-of-way line of Cityplace West Boulevard, South 44'S7'40" East, a distance of 64.20 feet to the POINT OF BEGINNING and containing 0.390 acres (16,997 square feet) of land, more or less.
(For SPRG Reviewed By. Dote: SPRG NO. 1905 Page 1 of 2 C3 BROCKETTE . DAVIS . DRAKE • Inc. R.O. W. DEDICA110N c>c>consulting engineers 0.390 ACRES CIvil & Structural Engineering· Surve)fng 16,997 Sq. Ft. 4144 North Central ExpraswOY. Suite 1100 Dallas,Texas 75204 BASIS OF' BEARING (214)824-3647. fox (214) 824-7064 BearIngs are based on the southwesterly rlght-ot-way line
CHECKED DRA¥JN (H 44'5740" W) of ClTYPlAC£ AVENUE as shown on final of LOT II\, BLOCK A/977. ClTYPlAC£ !tEST. SECTION ..Qrl...addltiQrl..to..the..Clty .QfDallas.recordfld..In...VoIwn« EXHIBIT C RIGHT-OF-WAY DEDICATION FOR HOWELL STREET PART OF LOT lA, BLOCK 1/639 & 2/639 JOHN GRIGSBY SURVEY, ABSTRACT NUMBER 495 CITY OF DALLAS, DALLAS COUNTY, TEXAS
IUG/T.()F.WAY DEDICATION ORDINANCE NO 24147 TRACT 1).6 0'fYIIIA(J WBT IOWVAID VOLUME 2000248, PAGE 7796 (variable width R.O.W.) P.D.B. N44'57'40"W 214.59' "BOD' ClRS N44'57'40"W 224.28'
21' EASEMENT TO CITY OF OALLAS VOL. 86247, PG. 1
PORTION Of lOT 11\ BlOC/( V639 OTYPlACE ADDITION RESERVATION TRACT B VOL 86247, PC 1 VOL. 86247, PG. 1 (SHADED) DRD.CT. llEGEND 'x' FND "x" cut found
5/8' IRF iron rod found
CIRS capped iron rod set
(C.M.) controlling monument S1REET R.O••• DEDlCAllON R.O.W. Dedication FOR HOWEll SlREET PORTION Of LOT11\ 16.997 s.F'. BlOC/( 2/639 0.390 At:. ClTYl'lACE ADDInON VOL 86247, PC 1 NUMBER DELTA RADIUS ARC CHORD LONG CHORD C1 21'0023 267.50 98.07 534'3209'W 97.53 C2 23'2934w 217.50 89.18 N331733'E 88.56
NUMBER BEARING DISTANCE 11 545'0220wW 228.24 L2 SOO1039wE 14.08 BlACIC8URN CENTRAl HOlDINGS, U'. L3 N45'2342'W 70.00 PORTION Of TRACT 210143 Z L4 N89'4921'E 14.20 VOL 96208, PC mo L5 N45'0220 E 228.61 L6 N11"3459 W 16.70 L7 544"5740'E 64.20 o 60'
SCALE: 1" - 60'
(For SPRG I.EMMON AVENUE EAST Reviewed By: (variable width R.O.w.) Date: SPRG NO. 1905 Pagfl 2 of 2 E3 BROCKETIE . DAVIS . DRAKE • Inc. R.O. W. D£DICA nON c:>c:>consulting engineers 0.390 ACRES CM c!c Structural Engineering' Surve)fng 16.997 Sq. Ft. 4144 North Central Expressway. Suite 1100 Dallas,Texas 75204- (214)824-3647. fax (214) 824-7064
CHECKED DRAVIN SCALE JOB #
AGENDA ITEM # 45 KEY FOCUS AREA: Economic Vibrancy
AGENDA DATE: December 8, 2010
COUNCIL DISTRICT(S): 10
DEPARTMENT: Sustainable Development and Construction
CMO: A. C. Gonzalez, 671-8925
MAPSCO: 27A B ______
SUBJECT
An ordinance abandoning a portion of Forest Springs Drive to DFS-Villas at Castle Hills, LLC, SRE-Villas at Castle Hills, LLC, and DLM-Villas at Castle Hills, LLC, the abutting owners, containing approximately 66,537 square feet of land located near the intersection of Forest Springs Drive and Abrams Road, authorizing the quitclaim, and providing for the dedication of approximately 66,537 square feet of land needed for public open space - Revenue: $5,400 plus the $20 ordinance publication fee
BACKGROUND
This item authorizes the abandonment of a portion of Forest Springs Drive to DFS-Villas at Castle Hills, LLC, SRE-Villas at Castle Hills, LLC, and DLM-Villas at Castle Hills, LLC, the abutting owners. The area will be included with the property of the abutting owners to be used for a multi-family development. The abutting owners will dedicate approximately 66,537 square feet of land needed for a public open space. The cost for this abandonment is the minimum processing fee pursuant to the Dallas City Code, therefore, no appraisal is required.
Notices were sent to six property owners located within 300 feet of the proposed abandonment area. There were no responses received in opposition to this request.
This transaction is consistent with the recommendations of the Real Estate Task Force.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
Ordinance No. 26090 approved by City Council on August 24, 2005.
FISCAL INFORMATION
Revenue - $5,400 plus the $20 ordinance publication fee OWNERS
DFS-Villas at Castle Hills, LLC
David F. Stapleton, Managing Member
SRE-Villas at Castle Hills, LLC
Howard R. Akin, Jr., Managing Member
DLM-Villas at Castle Hills, LLC
Debbie Mino, Managing Member Montfort Management, L.P.
MAPS
Attached
Agenda Date 12/08/2010 - page 2 " . ~ItAN"[),r;,~, . 90 16V 17U r~·" .. ·§JJJI' zl·~·····~T!U ~ 'N1~jJHAM_i s: AMBERlEY ~ BURLESON -I ~ .... --" ikin Park CHERRYTRE i %-"""'-!f .& APPLE CREE ! Aikin 101@i '''/,--,f~~~", 17Y $ ~ .,----.g "'1 - .. . « FO ESTLN ~ 97
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L o o - Abandonment Area t\::..~"0S Open Space Area r········:····:··.) ORDINANCE NO. ______ An ordinance providing for the abandonment of a portion of Forest Springs Drive located adjacent to City Blocks M/8151, N/8151 and U/8151 in the City of Dallas and County of Dallas, Texas; providing for the quitclaim thereof to DFS-Villas at Castle Hills, LLC, SRE-Villas at Castle Hills, LLC, and DLM-Villas at Castle Hills, LLC; providing for the terms and conditions of the abandonment and quitclaim made herein; providing for barricading; providing for the indemnification of the City of Dallas against damages arising out of the abandonment herein; providing for the consideration to be paid to the City of Dallas; providing for the payment of the publication fee; providing for the waiver of certain provisions of the Dallas Development Code; providing a future effective date for this abandonment; and providing an effective date for this ordinance. ooo0ooo WHEREAS, on August 24, 2005, the City Council of the City of Dallas, passed Ordinance No. 26090, providing for the abandonment of a portion of Forest Springs Drive to the then abutting landowner Forest Run Chancellor, L.P; and WHEREAS, the conditions of said Ordinance were not met by the grantee therein named within the specified time period; and WHEREAS, Ordinance No. 26090 is now null and void; and WHEREAS, the City Council of the City of Dallas, acting pursuant to law and upon the request and petition of DFS-Villas at Castle Hills, LLC, a Delaware limited liability company, SRE-Villas at Castle Hills, LLC, a Delaware limited liability company and DLM-Villas at Castle Hills, LLC, a Delaware limited liability company, jointly and severally as tenants in common, the current abutting landowners hereinafter referred to collectively as GRANTEE, deems it advisable to abandon and quitclaim the hereinafter described tract of land to GRANTEE, and is of the opinion that, subject to the terms and conditions herein provided, said portion of Forest Springs Drive is not needed for public use, and same should be abandoned and quitclaimed to GRANTEE, as hereinafter stated; and LW/34402 1 WHEREAS, the City Council of the City of Dallas is of the opinion that the best interest and welfare of the public will be served by abandoning and quitclaiming the same to GRANTEE for the consideration and subject to the terms and conditions hereinafter more fully set forth; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That those certain provisions of Section 51A-8.506(b) of the Dallas Development Code regarding dead-end streets, to the extent not required by state law or City Charter, are hereby waived with respect to this ordinance. SECTION 2. That the tract of land described in Exhibit A, which is attached hereto and made a part hereof, be and the same is abandoned, vacated and closed insofar as the right, title and interest of the public are concerned; subject, however, to the conditions and future effective date hereinafter more fully set out. SECTION 3. That for and in monetary consideration of the sum of FIVE THOUSAND FOUR HUNDRED AND NO/100 ($5,400.00) DOLLARS paid by GRANTEE, and the further consideration described in Sections 9, 10, 11, 12, 13 and 15, the City of Dallas does by these presents FOREVER QUITCLAIM unto the said GRANTEE, subject to the conditions, reservations, future effective date and exceptions hereinafter made and with the restrictions and upon the covenants below stated, all of its right, title and interest in and to that certain tract or parcel of land hereinabove described in Exhibit A. TO HAVE AND TO HOLD all of such right, title and interest in and to the property and premises, subject aforesaid, together with all and singular the rights, privileges, hereditaments and appurtenances thereto in any manner belonging unto the said GRANTEE forever. SECTION 4. That upon payment of the monetary consideration set forth in Section 3, GRANTEE accepts the terms, provisions, future effective date and conditions of this ordinance. LW/34402 2 SECTION 5. That the City Controller is authorized to deposit the sum paid by GRANTEE pursuant to Section 3 above in the General Fund 0001, Department DEV, Balance Sheet 0519 and Department of Sustainable Development and Construction - Real Estate Division shall be reimbursed for the cost of obtaining the legal description, appraisal and other administrative costs incurred. The reimbursement proceeds shall be deposited in General Fund 0001, Department DEV, Unit 1183, Object 5011 and any remaining proceeds shall be transferred to the General Capital Reserve Fund 0625, Department BMS, Unit 8888, Revenue Source 8416. SECTION 6. That the abandonment and quitclaim provided for herein are made subject to all present zoning and deed restrictions, if the latter exist, and are subject to all existing easement rights of others, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise, and are further subject to the conditions contained in Exhibit B, which is attached hereto and for all intents and purposes made a part hereof. SECTION 7. That the terms and conditions contained in this ordinance shall be binding upon GRANTEE, its successors and assigns. SECTION 8. That the abandonment and quitclaim provided for herein shall extend only to the public right, title, easement and interest, and shall be construed to extend only to that interest the Governing Body of the City of Dallas may legally and lawfully abandon and vacate. SECTION 9. That as a condition of this abandonment and as a part of the consideration for the quitclaim to GRANTEE herein, GRANTEE, its successors and assigns, agree to indemnify, defend, release and hold the City of Dallas whole and harmless against any and all claims for damages, fines, penalties, costs or expenses to persons or property that may arise out of, or be occasioned by or from: (i) the use and occupancy of the property described in Exhibit A by GRANTEE, its successors and assigns; (ii) the presence, generation, spillage, discharge, release, treatment or disposition of any Hazardous Substance on or affecting the area set out in Exhibit A; (iii) all corrective actions concerning any discovered Hazardous Substances on or affecting the area described in Exhibit A, which GRANTEE, its successors and assigns, agree to undertake and complete in accordance with applicable federal, state and local laws and LW/34402 3 regulations; and (iv) the abandonment, closing, vacation and quitclaim by the City of Dallas of the area set out in Exhibit A. GRANTEE, its successors and assigns, hereby agree to defend any and all suits, claims, or causes of action brought against the City of Dallas on account of same, and discharge any judgment or judgments that may be rendered against the City of Dallas in connection therewith. For purposes hereof, "Hazardous Substance" means the following: (a) any "hazardous substances" under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., as amended; (b) any “hazardous substance” under the Texas Hazardous Substances Spill Prevention and Control Act, TEX. WATER CODE, Section 26.261 et seq., as amended; (c) petroleum or petroleum-based products (or any derivative or hazardous constituents thereof or additives thereto), including without limitation, fuel and lubricating oils; (d) any “hazardous chemicals” or “toxic chemicals” under the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq., as amended; (e) any “hazardous waste” under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., as amended; and (f) any “chemical substance” under the Toxic Substance Control Act, 15 U.S.C. Section 2601 et seq., as amended. References to particular acts or codifications in this definition include all past and future amendments thereto, as well as applicable rules and regulations as now or hereafter promulgated thereunder. SECTION 10. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall file a final replat of the adjoining properties prior to the issuance of any building permits affecting the tract of land abandoned and quitclaimed herein. This final replat shall be recorded by GRANTEE in the official real property records of the county in which the abandoned area is located after its approval by the City Plan Commission of the City of Dallas. LW/34402 4 SECTION 11. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein GRANTEE shall: (a) provide and maintain, the entire area described in Exhibit A, as a fire lane in full accordance with the Dallas City Code and the Dallas Fire Code. Prior to any partial or full removal or relocation of said fire lane, GRANTEE must: i) submit building plans to the Fire-Rescue Department and the Sustainable Development and Construction Department for review and approval; ii) install all needed replacement fire lanes in accordance with approved plans and permits; and iii) maintain GRANTEE’S abutting properties and the areas abandoned herein at all times in compliance with all Dallas City Code and Dallas Fire Code provisions; (b) provide a means of access for sanitation collection acceptable to the Departments of Streets, Sanitation and Code Enforcement; (c) pay for “Street Ends No Outlet” signs to be installed by the Department of Public Works and Transportation. Contact Public Works and Transportation at 214-670-4471 for work order and cost estimate for required sign installations; (d) submit plans for and provide gating and/or fencing that provides a turnaround area on Forest Springs Drive near its intersection with Abrams Road acceptable to the Department of Public Works and Transportation and the Fire-Rescue Department; (e) submit plans for gating and/or fencing to the Fire-Rescue Department of the City of Dallas for review and approval prior to the installation of any fencing or gates; (f) immediately upon the effectiveness of the abandonment, close, barricade and/or place signs in the area described in Exhibit A in accordance with detailed plans approved by the Fire-Rescue Department and the Director of Sustainable Development and Construction. GRANTEE’s responsibility for keeping the area described in Exhibit A closed, barricaded and/or the signs in place shall continue until the street improvements and intersection returns are removed by GRANTEE, its successors and assigns, to the satisfaction of the Fire-Rescue Department and the Director of Sustainable Development and Construction. LW/34402 5 SECTION 12. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall convey by General Warranty Deed to the City of Dallas, within 90 days of the effective date of this ordinance, good, indefeasible and marketable fee simple title, insured by an owner’s policy of title insurance approved as to form by the City Attorney, to that certain property located in City Block U/8151, containing approximately 66,537 square feet of land, a description of which is attached hereto and made a part hereof as Exhibit C. Failure to convey the above described property as set forth shall render this ordinance null and void and of no further effect. SECTION 13. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall, within 90 days after the passage of this ordinance, execute a maintenance agreement providing for maintenance of the area described in Exhibit C for the term of 20 years; and the City Manager is authorized to execute said agreement upon approval as to form by the City Attorney. Failure to fully execute the above described maintenance agreement as set forth herein above shall render this ordinance null and void and of no further effect. SECTION 14. That this ordinance and properly executed General Warranty Deed, approved as to form by the City Attorney, be forwarded to a title insurance company for closing. Subsequent to closing, all instruments conveying real estate interests to the City of Dallas and the maintenance agreement described in Section 13 shall be recorded in the Deed Records of Dallas County, Texas and thereafter returned to the City Secretary for permanent record; SECTION 15. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall pay all closing costs and title expenses associated with the acquisition of the property described in Section 12 above. LW/34402 6 AGENDA ITEM # 46 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: December 8, 2010 COUNCIL DISTRICT(S): 6, 11, 13 DEPARTMENT: Water Utilities CMO: Ryan S. Evans, 670-3314 MAPSCO: Various ______ SUBJECT Authorize a Master Utility Adjustment Agreement with LBJ Infrastructure Group LLC and Trinity Infrastructure, LLC for water and wastewater main relocations and adjustments in Interstate Highway 635 (Lyndon B. Johnson Freeway) from Luna Road to U.S. Highway 75 (Central Expressway) and in Interstate Highway 35E (Stemmons Freeway) from Northwest Highway to Valwood Parkway - Not to exceed $240,000 - Financing: Water Utilities Current Funds (to be reimbursed by LBJ Infrastructure Group LLC and Trinity Infrastructure, LLC) BACKGROUND This project consists of the design and construction of water and wastewater main relocations and adjustments in conjunction with the paving and drainage improvements by the Texas Department of Transportation (TxDOT) through a Comprehensive Development Agreement (CDA) with LBJ Infrastructure Group LLC (Developer) in Interstate Highway 635 (Lyndon B. Johnson Freeway) from Luna Road to U.S. 75 (Central Expressway) and in Interstate Highway 35E (Stemmons Freeway) from Northwest Highway to Valwood Parkway (IH 635 Managed Lanes Project). Pursuant to the CDA between TxDOT and the Developer, the Developer has undertaken the obligation to design, construct, finance, operate, and maintain the Interstate Highway 635 Managed Lanes Project. The Developer has contracted with Trinity Infrastructure, LLC (Design-Build Contractor) and the Design-Build Contractor has undertaken the obligation to design and construct the Interstate Highway 635 Managed Lanes Project, which includes necessary water and wastewater main relocations and adjustments at the Design-Build Contractor’s expense. Under the Master Utility Adjustment Agreement, the Developer and the Design-Build Contractor will reimburse the Water Utilities Department for the costs incurred providing in-house services, including engineering review, construction inspection services, testing services, right-of-way acquisitions, and utility investigations. The Design-Build Contractor is responsible for the costs of design and construction of the water and wastewater relocations and adjustments, excluding any betterment. BACKGROUND (Continued) The Master Utility Adjustment Agreement includes the water and wastewater relocations and adjustments in Segment 1 of the Interstate Highway 635 Managed Lanes Project, which includes Lyndon B. Johnson Freeway from Montfort Drive to Central Expressway and Stemmons Freeway from Northwest Highway to Valwood Parkway. Future segments of the Interstate Highway 635 Managed Lanes Project will be included in a Utility Adjustment Agreement Amendment. ESTIMATED SCHEDULE OF PROJECT Began Design August 2010 Complete Design January 2011 Begin Construction January 2011 Complete Construction January 2016 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized support of the recommendation documented in the LBJ Executive Board report dated September 5, 1996 and entitled “Report to Recommend a Locally Preferred Alternative for improvements to the Interstate Highway 635 (Lyndon B. Johnson Freeway) Corridor from Luna Road to U.S. Highway 80 on October 23, 1996, by Resolution No. 96-3469. Authorized a public hearing to receive comments on the proposed use of a portion of Anderson-Bonner Park for roadway improvements to Lyndon B. Johnson Freeway service road and Park Central Drive; and, at the close of the hearing, consideration of a resolution authorizing the use on November 12, 2007, by Resolution No. 07-3352. Authorized a public hearing to receive comments and Council action on the proposed use of a portion of Valley View Park (654 square feet) for roadway improvements to Lyndon B. Johnson Freeway service road and Park Central Drive; and, at the close of the hearing, consideration of a resolution authorizing the use on November 12, 2007, by Resolution No. 07-3353. Authorized a Project Specific Agreement with Dallas County for funding participation for the design and construction of paving and drainage improvements for Lyndon B. Johnson Freeway from Luna Road to Central Expressway on October 22, 2008, by Resolution No. 08-2872. Authorized a Local Project Advanced Funding Agreement with and payment to the Texas Department of Transportation for the design and construction of paving and drainage improvements for Lyndon B. Johnson Freeway from Luna Road to Central Expressway on October 22, 2008, by Resolution No. 08-2873. Agenda Date 12/08/2010 - page 2 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued) Authorized a Local Project Advanced Funding Agreement with the Texas Department of Transportation to provide a five-year cost reimbursement of $300,000 per year for two full-time engineers for engineering labor and overhead related to design review, project coordination, and mitigation of traffic congestion during the reconstruction of Lyndon B. Johnson (Interstate Highway 635) from Luna Road to Central Expressway (U.S. Highway 75) on June 23, 2010, by Resolution No. 10-1599. FISCAL INFORMATION $240,000 - Water Utilities Current Funds (to be reimbursed by LBJ Infrastructure Group LLC and Trinity Infrastructure, LLC) Council District Amount 6 $ 80,000.00 11 $ 80,000.00 13 $ 80,000.00 Total $240,000.00 MAP Attached Agenda Date 12/08/2010 - page 3 35E Council District 11 VALWOOD MONTFORT PRESTON HILLCREST MIDWAY COIT ROSSER WELCH WEBB CHAPEL MARSH 75 JOSEY DENTON DNT US 75 IH 635 LUNA Council District ROYAL 13 MERRELL WALNUT HILL Council District 6 MANANA 348 12 LOOP 12 Northwest Highway Loop 12 75 35E 114 12 482 Mapsco: Various Council Districts: 6, 11, 13 Council District: 6,11,13 12 13 11 10 9 6 214 7 1 3 4 5 8 Water Utilities Department Master Utility Adjustment Agreement Contract No. 11-033F/034F Water and Wastewater Main Relocations and Adjustments COUNCIL CHAMBER December 8, 2010 WHEREAS, the Texas Department of Transportation (TxDOT) proposes to construct paving and drainage improvements in Interstate Highway 635 (Lyndon B. Johnson Freeway) from Luna Road to U.S. 75 (Central Expressway) and in Interstate Highway 35E (Stemmons Freeway) from Northwest Highway to Valwood Parkway (Interstate Highway 635 Managed Lanes Project); and, WHEREAS, the design and construction of the Interstate Highway 635 Managed Lanes Project will be done by LBJ Infrastructure Group LLC and Trinity Infrastructure, LLC through a Comprehensive Development Agreement with TxDOT; and, WHEREAS, the Water Utilities Department (DWU) has existing water and wastewater mains in conflict with the Interstate Highway 635 Managed Lanes Project that will require relocation and adjustments to facilitate the project; and, WHEREAS, the Developer and the Design-Build Contractor have submitted an acceptable Master Utility Adjustment Agreement to incorporate DWU’s relocations and adjustments into the Interstate Highway 635 Managed Lanes Project; and, WHEREAS, under the Master Utility Adjustment Agreement the Developer and Design-Build Contractor are responsible for the costs of the design and construction of the water and wastewater relocations and adjustments, excluding betterment; and, WHEREAS, the Developer and the Design-Build Contractor are responsible for reimbursing DWU for the costs incurred providing in-house services, including engineering review, construction inspection services, testing services, right-of-way acquisitions, and utility investigations; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager be and is hereby authorized to enter into a Master Utility Adjustment Agreement with LBJ Infrastructure Group LLC and Trinity Infrastructure, LLC, for water and wastewater main relocations and adjustments in Interstate Highway 635 (Lyndon B. Johnson Freeway) from Luna Road to U.S. 75 (Central Expressway) and in Interstate Highway 35E (Stemmons Freeway) from Northwest Highway to Valwood, after approval of the Master Utility Adjustment Agreement by the City Attorney. Section 2. That the City Controller be and is hereby authorized to expend funds for the applicable costs from Fund 0100, Department DWU, Unit 7122, Various Object Codes. Section 3. That the City Controller be and is hereby authorized to deposit all reimbursements from LBJ Infrastructure Group LLC and Trinity Infrastructure, LLC pertaining to cost incurred under this project in Fund 0100, Department DWU, Unit 7005, Revenue Source 7505. COUNCIL CHAMBER December 8, 2010 Section 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved. AGENDA ITEM # 47 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: December 8, 2010 COUNCIL DISTRICT(S): Outside City Limits DEPARTMENT: Water Utilities CMO: Ryan S. Evans, 670-3314 MAPSCO: Outside City Limits ______ SUBJECT Authorize a thirty-year contract with the City of The Colony to continue providing treated water for the period November 5, 2010 through November 4, 2040 - Estimated Annual Revenue: $1,500,000 BACKGROUND This item is for authorization to enter into a new wholesale treated water contract with the City of The Colony. This entity is currently receiving City of Dallas treated water under an existing wholesale treated water contract which will expire on November 5, 2010. The City of The Colony is located within Dallas Water Utilities’ service area and desires to continue to purchase treated water from the City of Dallas under the terms of a standard wholesale treated water customer contract. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On November 5, 1980, the Dallas City Council approved a wholesale treated water contract with The Colony Municipal Utility District #1, by Council Resolution No. 80-3028. On July 7, 1986, The Colony Municipal Utility District was legally dissolved and consolidated with the City of The Colony. The City of Dallas Administrative Action, dated April 8, 1987, recognized the City of The Colony as the contracting party for the existing treated water contract with Dallas. FISCAL INFORMATION Estimated Annual Revenue - $1,500,000 (at current wholesale treated water two-part rate) MAP Attached Agenda Date 12/08/2010 - page 2 Lakewood Little Elm Village Frisco Lewisville Lake The Colony Plano Lewisville Hebron Carrollton Location: Outside City of Dallas 12 Mapsco: 553 Department: DWU 11 « 13 10 6 9 2 14 7 1 4 5 3 8 Treated Water Contract with City of The Colony D100810 COUNCIL CHAMBER December 8, 2010 WHEREAS, The City of The Colony currently purchases wholesale treated water from the City of Dallas, and Dallas currently delivers and sells wholesale treated water to The Colony as set forth under the terms, covenants, and conditions stated in a Wholesale Treated Water Contract between the Cities of Dallas and The Colony, dated November 5, 1980; and, WHEREAS, The Colony’s current contract with Dallas will expire on November 5, 2010; and, WHEREAS, Dallas and The Colony desire to enter into a new wholesale treated water contract; and, WHEREAS, the term of the new 30-year Wholesale Treated Water Contract will be November 5, 2010 through November 4, 2040; and, WHEREAS, approval of the new contract would be in the best interest of the City of Dallas as well as the City of The Colony; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager be and is hereby authorized to enter into a Wholesale Treated Water Contract with the City of The Colony to purchase treated water from the City of Dallas for the period November 5, 2010 through November 4, 2040 in the estimated annual amount of $1,500,000 after approval of the contract documents by the City Attorney. Section 2. That the City Controller is authorized and directed to deposit receipts for services provided under this contract to the Water Utilities Current Fund as follows: FUND DEPT UNIT REVENUE SOURCE 0100 DWU 7005 7849 Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved. AGENDA ITEM # 48 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: December 8, 2010 COUNCIL DISTRICT(S): 6 DEPARTMENT: Water Utilities CMO: Ryan S. Evans, 670-3314 MAPSCO: 33 C G ______ SUBJECT Authorize an Advanced Funding Agreement with the Water Research Foundation to fund the City’s cost share as part of a multi-agency collaboration on a Water Quality Improvements pilot project study entitled “Optimizing Engineered Biofiltration” - Not to exceed $150,000 - Financing: Water Utilities Capital Construction Funds BACKGROUND Dallas Water Utilities (DWU) owns and operates three water treatment plants: East Side Water Treatment Plant, Elm Fork Water Treatment Plant, and Bachman Water Treatment Plant. In June 2010, the recommended Water Quality Improvement projects were initiated at each of the three plants. The Water Quality design goals include conversion from conventional filtration to biological filtration in order to improve the finished drinking water quality. The biofiltration conversion will take place at all three plants resulting in large scale multi-year projects. The Water Research Foundation interest in biofiltration and its benefit to the drinking water industry will allow the smaller scale study located at the Bachman Water Treatment Plant to be an ideal fit for their research goals. The Water Research Foundation pilot project is a tailored collaboration between DWU, Tampa Bay Water, and Carollo Engineers, P.C. The proposed study focuses on evaluating methods to enhance biofiltration for optimum treatment performance. The pilot study benefits the utility by validating previous research, providing operational strategies for reducing maintenance cost, and better defining biofiltration design for all three DWU water treatment plants. This Advanced Funding Agreement will be between the Water Research Foundation and the City of Dallas through DWU. Tampa Bay Water will also be an equal co-sponsor of the pilot project. Carollo Engineers, Inc. will serve as the principal investigator for the work. The Water Research Foundation, Tampa Bay Water, and Dallas Water Utilities will each contribute $150,000 for the pilot study, which has a total value of $835,000 including the in-kind services provided by Carollo Engineers and other project participants. BACKGROUND (Continued) This action will authorize the Advanced Funding Agreement with the Water Research Foundation, allowing the proposed pilot project and research to proceed. No future Council action is anticipated at this time. ESTIMATED SCHEDULE OF PROJECT Begin Study December 2010 Complete Study August 2013 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized a professional services contract with Malcolm Pirnie, Inc. to provide engineering services for a treated water system Water Quality Study on June 28, 2006, by Resolution No. 06-1691. Authorized Supplemental Agreement No. 1 to the professional services contract with Malcolm Pirnie, Inc. for additional engineering services for a treated water system Water Quality Study on September 26, 2007, by Resolution No. 07-2778. Authorized a professional services contract with Carollo Engineers, P.C. to provide engineering services for the Bachman Water Treatment Plant water quality improvements on June 23, 2010, by Resolution No. 10-1640. Authorized a professional services contract with Malcolm Pirnie, Inc. to provide engineering services for the Elm Fork Water Treatment Plant water quality improvements on June 23, 2010, by Resolution No. 10-1641. Authorized a professional services contract with Black & Veatch Corporation to provide engineering services for the East Side Water Treatment Plant water quality improvements on June 23, 2010, by Resolution No. 10-1639. FISCAL INFORMATION $150,000.00 - Water Utilities Capital Construction Funds MAP Attached Agenda Date 12/08/2010 - page 2 NORTHWEST HWY JAMISON DR DENTON DR HARRY HINES BLVD COMMUNITY DR OVERLAKESHEILA DR LN NORTHWEST HWY WEBB CHAPEL EXT NORTHWEST HWY SHORECREST DR WEBB CHAPEL EXT WYLIE DR BACHMAN DR Bachman Water Treatment Plant WEISS ST Mapco: 33 C, G Council District: 6 Bachman Lake Council District 6 STEMMONS FWY Council District 14 FELDER ST STEMMONS FWY RACEWAY DR HARRY HINES BLVD LOVE FIELD DR INGE ST Council District 2 SEELCCO ST Mapsco: 33 C, G 12 Council District: 6 11 / 10 13 Council District:6 9 6 2 14 7 1 3 4 5 8 Water Utilities Department Contract No. 11-047E Bachman Water Treatment Plant Water Research Foundation Pilot Project D1791 "Optimizing Engineered Biofiltration" COUNCIL CHAMBER December 8, 2010 WHEREAS, the Water Research Foundation plans to perform a research study to enhance biofiltration for optimum performance; and, WHEREAS, the Water Research Foundation proposes a tailored collaboration between the Water Utilities Department, Tampa Bay Water, and Carollo Engineers, P.C.; and, WHEREAS, the Water Research Foundation has submitted an acceptable contract agreement to complete the collaborative research for “Optimizing Engineered Biofiltration”; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY DALLAS: Section 1. That the City Manager be and is hereby authorized to enter into an Advanced Funding Agreement with the Water Research Foundation for a Water Quality Improvements pilot project study titled “Optimizing Engineered Biofiltration”, after approval of the contract documents as to form by the City Attorney. Section 2. That the City Controller be and is hereby authorized to pay the amount of $150,000.00 from the Water Construction Fund as follows: FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR 0102 DWU CW01 STMP 4111 711047 W2IN CTDWU711047EN VC0000008752 Water Research Foundation - (Contract No. 11-047E) - $150,000.00 Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved. AGENDA ITEM # 49 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: December 8, 2010 COUNCIL DISTRICT(S): All DEPARTMENT: Water Utilities CMO: Ryan S. Evans, 670-3314 MAPSCO: All ______ SUBJECT Authorize continuation of the contract with the United States Geological Survey for operation of stream flow and water quality gauging stations in the Trinity River basin, a lake evaporation station on Lake Lewisville, a pharmaceutical and personal care products water quality study, and a Zebra Mussel Study on Lake Ray Hubbard from December 8, 2010 through September 30, 2011 - $329,404 - Financing: Water Utilities Current Funds BACKGROUND The United States Geological Survey (USGS) provides basic water quality and flow monitoring data collection services throughout the United States. It is recognized as an unbiased agency whose data is unquestionably accepted by state and federal regulatory agencies. The City of Dallas’ current contract is a cost-sharing agreement with USGS. Obtaining water quality and flow data through a cost-sharing program provides the most economical method for Dallas to obtain the needed information. The cost sharing for this agreement has several components. It includes $34,017 as the City of Dallas’ cost share of an agreement between USGS and the cities of Dallas and Fort Worth, and the Trinity River Authority for monitoring of the Trinity River. The total cost to all parties for this portion of the 2010-11 agreement will be $121,745. The agreement also includes $74,492 as the City of Dallas’ share of an agreement between the City of Dallas and USGS for the operation and maintenance of stream flow stations. The Denton Creek gage near Grapevine is required by the Texas Commission on Environmental Quality’s Settlement Order on Lake Grapevine. Dallas County Park Cities Municipal Utility District (DCPCMUD) splits the cost with the City of Dallas for this gage. USGS provides stream flow data to the City of Dallas that is used in operating Lake Grapevine, Lake Ray Hubbard, Lake Lewisville, and Ray Roberts Lake. BACKGROUND (Continued) The City of Dallas also participates in the collection of water quality monitoring at several stream flow stations. The agreement includes $59,395 as Dallas’ share of water quality monitoring. In addition to the stream flow and water quality stations, the 2010-11 agreement includes the continuation of the evaporation station on Lewisville Lake, and the second year of a pharmaceutical and personal care products water quality study on the Trinity River, and a Zebra Muscle Study on Lake Ray Hubbard. The City of Dallas share' of the investigative study program is $161,500. The total cost for this portion of the agreement is $225,000. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) City Council approved continuation to participate with USGS for Fiscal Year 2009-10 on December 9, 2009, by Resolution No. 09-2992. FISCAL INFORMATION $329,404.00 - Water Utilities Current Funds Agenda Date 12/08/2010 - page 2 COUNCIL CHAMBER December 8, 2010 WHEREAS, the City of Dallas has participated with the United States Geological Survey (USGS) in gauging flows relating to the City’s water supply reservoirs, collection of water quality, and flow data in the Trinity River, and bromide loading studies in the Red River Basin; and, WHEREAS, the USGS, P.O. Box 100706, Atlanta, GA 30384, has submitted a contract to continue the program for the period October 1, 2010 - September 30, 2011, with the City of Dallas' share of the cost at $329,404. The total program cost of $509,867 is to be shared between USGS, Ft. Worth, Dallas County Park Cities Municipal Utility District, Dallas, and the Trinity River Authority. WHEREAS, a joint funding agreement is the most cost-effective method for the City of Dallas to obtain the required data; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is authorized to continue the contract with the United States Geological Survey for the period October 1, 2010 - September 30, 2011 with the City of Dallas' share of the cost in an amount not to exceed $329,404 for operation of stream flow and water quality gauging stations in the Trinity River basin, a lake evaporation station on Lake Lewisville, and a pharmaceutical and personal care products water quality study, and a Zebra Mussel Study on Lake Ray Hubbard. Section 2. That the City Controller be authorized to pay an amount not to exceed $329,404 from the Water Utilities Current Fund as follows: FUND DEPT UNIT OBJ ENCUMBRANCE VENDOR 0100 DWU 7030 3070 DWU7030B1109 157940E Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved. AGENDA ITEM # 50 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: December 8, 2010 COUNCIL DISTRICT(S): All DEPARTMENT: Water Utilities CMO: Ryan S. Evans, 670-3314 MAPSCO: All ______ SUBJECT Authorize (1) an eighteen-month master agreement for water and wastewater small services installations in the amount of $2,419,295; (2) a contract for the installation of water and wastewater mains at 7 locations in the amount of $2,597,300 (list attached); and (3) an eighteen-month master agreement for water and wastewater mainline extensions and emergency mainline installations at various locations in the amount of $1,799,450 with Atkins Bros. Equipment Co., Inc., lowest responsible bidder of seven - Total not to exceed $6,816,045 - Financing: Water Utilities Capital Improvement Funds ($2,597,300) and Water Utilities Capital Construction Funds ($4,218,745) BACKGROUND Part 1 of this contract consists of a small service 18-month master agreement for the installation of ¾-inch to 2-inch water services, and 6-inch wastewater connections as needed, and as requested by the Sustainable Development and Construction Department upon issuance of a permit to the property owner or developer. The fees collected to provide these services are applied to future small services agreements. Part 2 of this contract includes the installation of approximately 310 feet of 6-inch, 4,020 feet of 8-inch, 2,690 feet of 12-inch, and 3,300 feet of 16-inch water mains and the installation of approximately 5,420 feet of 8-inch and 950 feet of 10-inch wastewater mains. Approximately 2,090 feet of wastewater mains will be rehabilitated utilizing technologies that are more cost effective than the typical open-cut construction method, which require less excavation, thereby minimizing disturbance to the existing pavement as well as inconvenience to the public. The existing water and wastewater mains were built between 1947 and 1977. These mains are contributing to the increase of maintenance costs as well as service interruptions. The installation of the proposed segments will improve the capacity of the water and wastewater systems and reduce maintenance costs. BACKGROUND (Continued) Part 3 of this contract includes water and wastewater mainline extensions and consists of an 18-month master agreement as needed, in support of small services that may require extension of existing mainlines. Also included in this part of the contract are limited water and wastewater emergency mainline replacements that will allow for the quick response to certain situations in support of the Water Utilities Department’s operations. Atkins Bros. Equipment Co., Inc. contractual activities for the past three years: PWT DWU PKR Projects Authorized 0 6 0 Change Orders 0 0 0 Projects Requiring Liquidated Damages 0 0 0 Projects Completed by Bonding Company 0 0 0 ESTIMATED SCHEDULE OF PROJECT Began Design October 2009 Completed Design July 2010 Begin Construction January 2011 Complete Construction July 2012 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized a professional services contract with Kimley-Horn and Associates, Inc. to provide engineering design services for the renewal of water and wastewater mains at 51 locations on August 26, 2009, by Resolution No. 09-2104. FISCAL INFORMATION $2,597,300.00 - Water Utilities Capital Improvement Funds $4,218,745.00 - Water Utilities Capital Construction Funds M/WBE INFORMATION See attached. ETHNIC COMPOSITION Atkins Bros. Equipment Co., Inc. Hispanic Female 0 Hispanic Male 15 Black Female 0 Black Male 2 Other Female 0 Other Male 0 White Female 5 White Male 2 Agenda Date 12/08/2010 - page 2 BID INFORMATION The following bids with quotes were opened on September 30, 2010: *Denotes successful bidder Bidders Bid Amount *Atkins Bros. Equipment Co., Inc. $ 6,816,045.00 918 West Marshall Grand Prairie, Texas 75051 Barson Utilities, Inc. $ 7,396,867.00 Omega Contracting, Inc. $ 7,585,749.00 John Burns Construction Company of Texas, Inc. $ 8,767,680.00 Ark Contracting Services, LLC $ 9,320,028.00 P & E Contractors, Inc. $ 9,562,244.00 National Power Rodding Corporation $11,392,243.30 OWNER Atkins Bros. Equipment Co., Inc. Mike Atkins, President MAPS Attached Agenda Date 12/08/2010 - page 3 Installation of Water and Wastewater Mains at 7 Locations District 3 Commerce Street from Manila Road to Lone Star Drive District 5 Catskill Street from Friendship Drive to Pocono Trail Districts 5 and 8 Friendship Drive from Catskill Street to Rain Forest Drive District 6 Conklin Street from Muncie Avenue south Muncie Avenue from Sylvan Avenue to Crossman Avenue District 9 Barnes Bridge Road from southeast of Milhof Drive to northwest of Swaffar Drive Barnes Bridge Road from Dunaway Drive to Delford Circle BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize (1) an eighteen-month master agreement for water and wastewater small services installations in the amount of $2,419,295; (2) a contract for the installation of water and wastewater mains at 7 locations in the amount of $2,597,300 (list attached); and (3) an eighteen-month master agreement for water and wastewater mainline extensions and emergency mainline installations at various locations in the amount of $1,799,450 with Atkins Bros. Equipment Co., Inc., lowest responsible bidder of seven - Total not to exceed $6,816,045 - Financing: Water Utilities Capital Improvement Funds ($2,597,300) and Water Utilities Capital Construction Funds ($4,218,745) Atkins Bros. Equipment Co., Inc. is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Construction ______ LOCAL/NON-LOCAL CONTRACT SUMMARY Amount Percent Total local contracts $6,593,545.00 96.74% Total non-local contracts $222,500.00 3.26% ------TOTAL CONTRACT $6,816,045.00 100.00% LOCAL/NON-LOCAL M/WBE PARTICIPATION Local Contractors / Sub-Contractors Local Certification Amount Percent Alex Walton Construction BMMB47069N1011 $1,100,000.00 16.68% Ted Alvarez Trucking, Inc. HMDB46421Y0811 $155,000.00 2.35% Andrews Paving & Construction WFDB44822Y0411 $200,000.00 3.03% Magnum Manhole & Underground WFDB44143Y0211 $53,000.00 0.80% Company ------Total Minority - Local $1,508,000.00 22.87% Non-Local Contractors / Sub-Contractors Non-local Certification Amount Percent GHR Concrete, Inc. HMMB45113N0511 $45,000.00 20.22% Eagle Aggregate Transportation, LLC WFDB47098Y1111 $80,000.00 35.96% Ricochet Fuel Distributors, Inc. WFWB43928Y1110 $75,000.00 33.71% ------Total Minority - Non-local $200,000.00 89.89% BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY Page 2 TOTAL M/WBE CONTRACT PARTICIPATION Local Percent Local & Non-Local Percent African American $1,100,000.00 16.68% $1,100,000.00 16.14% Hispanic American $155,000.00 2.35% $200,000.00 2.93% Asian American $0.00 0.00% $0.00 0.00% Native American $0.00 0.00% $0.00 0.00% WBE $253,000.00 3.84% $408,000.00 5.99% ------Total $1,508,000.00 22.87% $1,708,000.00 25.06% TORONTO ST SINGLETON BLVD SINGLETON BLVD POINTERST 16" Water Main BEDFORD ST 8" Wastewater Main KINGBRIDGEST Mapsco: 43 Q RD FISH TRAP WESTERFIELDST Council District: 3 MANILARD BOYNTON ST BOYNTON Council District 3 COMMERCEST POSTAL WAY LONE STAR DR POSTAL WAY TERRE COLONY CT 12 Commerce Street Council District: 3 from Manila Road to Lone Star Drive 11 « 13 10 6 9 2 14 7 1 4 5 3 8 Water Utilities Department Contract No. 10-261/262 Water and Wastewater Main Installations PID: 1914 at 7 Locations Segment 1 of 7 MUSKOGEE DR PEBBLEWOOD DR PEBBLEWOOD POCONO TRL POCONO FOX RUN DR RUN FOX 8" Water Main N/A Wastewater Main CYMBAL DR Mapsco: 59 L, M Council District: 5 CATSKILL ST Council District 5 CATSKILL ST FRIENDSHIP DR Catskill Street from Friendship Drive to Pocono Trail 12 Council District: 5 « 11 13 10 6 9 2 14 7 1 4 5 3 8 Water Utilities Department Contract No. 10-261/262 Water and Wastewater Main Installations PID: 5167 at 7 Locations Segment 2 of 7 MUSKOGEE DR SPRING TREE DR FOXRUN DR MASTERS DR MUSKOGEE CIR MUSKOGEE NEOSHO DR CHEYENNE RD CHEYENNE GARDENSIDEDR POCONO TRL POCONO CYMBAL DR CATSKILL ST DR PEBBLEWOOD Council District 5 8" Water Main MASTERS DR 8" Wastewater Main Mapsco: 59 L, M AMITYLN Council District:District 5,5 8 DR PARK SPRING SPRING FOREST DR LAKE JUNE RD LAKE JUNE RD LEOTA DR FRIENDSHIP DR RAIN FOREST DR FOREST RAIN PLEASANT OAKS DR OAKS PLEASANT JILLS DR JILLS Council District 8 RAIN FOREST CT BUDTIME LN HAPPY HOLLOW LN LEEPER DR BRAVURA LN GLENN VISTA DR JEAN DR BITTER CREEK DR CHEYENNE RD PONDWOOD DR PONDWOOD ROAD RUNNER LN BURLYWOOD DR BURLYWOOD 12 Friendship Drive CouncilCouncil District District: 5, 85 from Catskill Street to Rain Forest Drive 11 « 13 10 6 9 2 14 7 1 4 5 3 8 Water Utilities Department Contract No. 10-261/262 Water and Wastewater Main Installations PID: 1970 at 7 Locations Segment 3 of 7 BAYONNE ST OBENCHAIN ST OBENCHAIN 6" Water Main N/A Wastewater Main MUNCIE AVE Mapsco: 44 P Council District: 6 WINNETKA AVE Council District 6 CONKLIN ST WALKWAY ST OBENCHAIN ST OBENCHAIN Conklin Street from Muncie Avenue south 12 Council District: 6 « 11 13 10 6 9 2 14 7 1 4 5 3 8 Water Utilities Department Contract No. 10-261/262 Water and Wastewater Main Installations PID: 3152 at 7 Locations Segment 4 of 7 CANADA DR MCBROOM ST MCBROOM ST MCBROOM ST MCBROOM ST DENNISON ST NOMAS ST CORONET BLVD NOMAS ST ST WAKE RUTZ ST RUTZ HERBERT ST PUEBLO ST ST PASTOR SYLVAN AVE SYLVAN CHICAGO ST CHICAGO EL BENITO DR BENITO EL WINNETKA AVE WINNETKA TORONTO ST CHIHUAHUA ST CHIHUAHUA CROSSMAN AVE CROSSMAN PARVIA AVE PARVIA TORONTO ST AVE TOPEKA TORONTO ST ST CONROE GULDEN LN GULDEN OBENCHAIN ST OBENCHAIN BATAAN ST BATAAN SINGLETON BLVD SYLVAN AVE SYLVAN 8" Water Main 8" Wastewater Main BEDFORD ST BORGER ST Mapsco: 44 P AMONETTE ST DULUTH ST Council District: 6 DULUTH ST DULUTH ST Council District 3 BAYONNE ST MAIN ST MUNCIE AVE Council District 6 PITTMAN ST PABLO ST AMOS ST GUEST ST ANDY ST CROSSMANAVE YUMA CT COMMERCE ST TOPEKA AVE TOPEKA FOY DR FOY SULPHUR ST SULPHUR SEALE ST AVE EVANSTON SEALE ST ORMSBYST SEALE ST ST NEAL YORKTOWN ST STAFFORD AVE MALONE DR FORT WORTH AVE VILBIG RD VILBIG WALMSLEY AVE CHAPPELST WILLOMET AVE WILLOMET MONTCLAIRAVE WINDOMERE AVE WINDOMERE FLANDERS ST DALLAS FT WORTH SERV NEAL NEAL ST BRADLEY ST DALLAS FT WORTH TPKE CASTLE ST EDGEFIELD AVE EDGEFIELD KESSLER PKWY NAVARO ST NAVARO Muncie Avenue from Sylvan Avenue to Crossman Avenue 12 Council District: 6 « 11 13 10 6 9 2 14 7 1 4 5 3 8 Water Utilities Department Contract No. 10-261/262 Water and Wastewater Main Installations PID: 3151 at 7 Locations Segment 5 of 7 12" Water Main WATTERSON DR N/A Wastewater Main Mapsco: 39 F, G, L Council District: 9 COTILLION DR MANORVIEW CIR DELFORD CIR Council District 9 MILHOF DR ERHARD DR BARNES BRIDGE RD SWAFFAR DR PLUMMER DRMANDALAY DR SANDRA LYNN DR MANORVIEW LN STRAYHORN DR IVY DR 12 Barnes Bridge Road Council District: 9 from southeast of Milhof Drive to northwest 11 of Swaffar Drive « 13 10 6 9 2 14 7 1 4 5 3 8 Water Utilities Department Contract No. 10-261/262 Water and Wastewater Main Installations PID: 4433 at 7 Locations Segment 6 of 7 DRUMMOND CIR DRUMMOND DR COTILLION CT FERGUSON RD PARADER CT BON PARK CT PEPPERIDGE CIR RIDGEFROST CIR 12" Water Main 10" Wastewater Main Mapsco: 39 F Council District: 9 Council District 9 GENETTA DR DUNAWAY DR WATTERSON DR DELFORD CIR MANORVIEW CIR PARK OAK CIR PLUMMER DR BARNES BRIDGE RD COTILLION DR SANDRA LYNN DR MILHOF DR ERHARD DR MAYHEW DR 12 Barnes Bridge Road Council District: 9 from Dunaway Drive to Delford Circle 11 « 13 10 6 9 2 14 7 1 4 5 3 8 Water Utilities Department Contract No. 10-261/262 Water and Wastewater Main Installations PID: 4434 at 7 Locations Segment 7 of 7 COUNCIL CHAMBER December 8, 2010 WHEREAS, bids were received on September 30, 2010 for water and wastewater small services installations at various locations, water and wastewater main installations at various locations, and water and wastewater mainline extensions and emergency mainline replacements at various locations, Contract No. 10-261/10-262, listed as follows: BIDDERS BID AMOUNT Atkins Bros. Equipment Co., Inc. $ 6,816,045.00 Barson Utilities, Inc. $ 7,396,867.00 Omega Contracting, Inc. $ 7,585,749.00 John Burns Construction Company of Texas, Inc. $ 8,767,680.00 Ark Contracting Services, LLC $ 9,320,028.00 P & E Contractors, Inc. $ 9,562,244.00 National Power Rodding Corporation $11,392,243.30 and, WHEREAS, the bid submitted by Atkins Bros. Equipment Co., Inc., 918 West Marshall, Grand Prairie, Texas 75051, in the amount of $6,816,045.00 is the lowest and best of all bids received; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the bid submitted by Atkins Bros. Equipment Co., Inc. in the amount of $6,816,045.00, for doing the work covered by the plans, specifications, and contract documents, Contract No. 10-261/262, be accepted. Section 2. That the City Manager be and is hereby authorized to enter into a contract with Atkins Bros. Equipment Co., Inc., for (1) an eighteen-month master agreement for water and wastewater small services installations in the amount of $2,419,295.00, (2) a contract for the installation of water and wastewater mains at 7 locations in the amount of $2,597,300.00, and (3) an eighteen-month master agreement for water and wastewater mainline extensions and emergency mainline installations at various locations in the amount of $1,799,450.00, after having approval of the contract documents by the City Attorney. Section 3. That the City Controller be and is hereby authorized to pay the amount of $6,816,045.00 from the Water Capital Improvement Fund, Water Construction Fund, Wastewater Capital Improvement Fund, and Wastewater Construction Fund as follows: COUNCIL CHAMBER December 8, 2010 FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR 0115 DWU PW40 MPSA 4550 710261 W2IO CTDWU710261CP 268610 Atkins Bros. Equipment Co., Inc. - (Contract No. 10-261) - $1,527,550.66 FUND DEPT BALANCE SHEET ACCOUNT VENDOR 0102 DWU 0531 268610 Atkins Bros. Equipment Co., Inc. - (Contract No. 10-261) - $1,229,175.00 FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR 0102 DWU CW40 HOUA 4550 710261 W2IO CTDWU710261EN 268610 Atkins Bros. Equipment Co., Inc. - (Contract No. 10-261) - $941,320.00 FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR 0116 DWU PS40 MPSA 4560 710262 T2DY CTDWU710262CP 268610 Atkins Bros. Equipment Co., Inc. - (Contract No. 10-262) - $1,069,749.34 FUND DEPT BALANCE SHEET ACCOUNT VENDOR 0103 DWU 0531 268610 Atkins Bros. Equipment Co., Inc. - (Contract No. 10-262) - $1,190,120.00 FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR 0103 DWU CS40 HOUA 4560 710262 T2DY CTDWU710262EN 268610 Atkins Bros. Equipment Co., Inc. - (Contract No. 10-262) - $858,130.00 Section 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved. AGENDA ITEM # 52 KEY FOCUS AREA: Public Safety Improvements and Crime Reduction AGENDA DATE: December 8, 2010 COUNCIL DISTRICT(S): All DEPARTMENT: Mayor and City Council CMO: N/A MAPSCO: N/A ______ SUBJECT An ordinance amending Chapter 31 of the Dallas City Code to: (1) define terms; (2) prohibit multiple registered sex offenders from residing in the same dwelling unit, with certain defenses; (3) update references to state law in current city restrictions on specified sex offenders; (4) clarify crimes that cause a person to be designated as a specified sex offender; (5) provide a grandfather clause; and (6) provide a penalty not to exceed $500 - Financing: No cost consideration to the City BACKGROUND The proposed ordinance would add Section 31-17.1 to CHAPTER 31, “OFFENSES - MISCELLANEOUS,” of the Dallas City Code to regulate the residency of registered sex offenders. Under the proposed ordinance, a registered sex offender would be prohibited from either temporarily or permanently residing in the same dwelling unit with other registered sex offenders, regardless of whether the dwelling unit is located on a single-family, duplex, townhome, or multi-family property. A registered sex offender would include any person required to register as a sex offender under the Texas Code of Criminal Procedure. A citation for a violation could be issued to either the sex offender or the owner, operator, or person in control of the dwelling unit that allowed multiple registered sex offenders to reside in the dwelling unit. An offense would be punishable by a fine of up to $500. It would be a defense to prosecution if: (1) the multiple sex offenders were related by blood, marriage, adoption, or foster care; (2) the victim was below the age of 17, was a willing participant in the sexual activity, and was not more than four years younger than the registered sex offender (a/k/a “Romeo & Juliet” defense); or (3) the dwelling unit was a lawfully operating halfway house, overnight general purpose shelter, homeless assistance center, or institute for special education operating a state approved program for criminal offenders. Multiple registered sex offenders residing in the same dwelling unit on the passage date of the proposed ordinance would have one year to comply with the ordinance. BACKGROUND (continued) The proposed ordinance would also amend Section 31-17 of the Dallas City Code to update the city’s current regulations on specified sex offenders to be consistent with state law. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Council was briefed in Closed Session on November 17, 2010. FISCAL INFORMATION No cost consideration to the City. Agenda Date 12/08/2010 - page 2 11/18/2010 ORDINANCE NO. An ordinance amending Section 31-17 of and adding Section 31-17.1 to CHAPTER 31, “OFFENSES - MISCELLANEOUS,” of the Dallas City Code, as amended; defining terms; prohibiting multiple registered sex offenders from residing in the same dwelling unit, with certain defenses; updating references to state law in current city restrictions on specified sex offenders; clarifying crimes that cause a person to be designated as a specified sex offender; providing a grandfather clause; providing a penalty not to exceed $500; providing a saving clause; providing a severability clause; and providing an effective date. WHEREAS, Chapter 62 of the Texas Code of Criminal Procedure requires persons with convictions or adjudications of certain sexually-related crimes to register as sex offenders; and WHEREAS, the city council finds that, when convicted sex offenders reenter society, they are more likely than any other type of offender to be rearrested for new sexually-related offenses; and WHEREAS, the likelihood of a convicted sex offender committing a new sexually- related offense increases if he or she resides with another convicted sex offender in an unsupervised setting; and WHEREAS, this high rate of recidivism not only poses a real danger to the residents and visitors of the neighborhoods in which these registered sex offenders live, but also makes people afraid to live in or visit those neighborhoods, thereby lowering property values; and WHEREAS, the city council has determined that the negative effect on neighborhood property values and the danger to neighborhood residents and visitors significantly increases when multiple registered sex offenders reside in the same dwelling unit; and 1 WHEREAS, the city council has determined that restricting the number of registered sex offenders that may reside in one dwelling unit, with certain defenses, is in the interest of the public health, safety, and welfare; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That Section 31-17, “Specified Sex Offenders Near Schools and Child- care Facilities,” of CHAPTER 31, “OFFENSES - MISCELLANEOUS,” of the Dallas City Code, as amended, is amended to read as follows: “SEC. 31-17. SPECIFIED SEX OFFENDERS NEAR SCHOOLS AND CHILD- CARE FACILITIES. (a) In this section: (1) CHILD-CARE FACILITY has the meaning given that term in Section 51A-4.204(3)(A) of the Dallas Development Code, as amended. (2) CONTINUAL PATTERN OF UNAUTHORIZED ENTRY means that, on at least two occasions within the preceding 12-month period, the specified sex offender came onto the premises of any school or child-care facility or onto a street, sidewalk, or other public way adjacent to the premises of any school or child-care facility and was asked to leave by a person in authority. (3) PERSON IN AUTHORITY means the chief administrative officer of the school or child-care facility, the chief administrative officer’s authorized agent, or a peace officer. (4) SCHOOL means any public or private school that has a curriculum for kindergarten, elementary, or secondary education and that exists apart from a child’s home. (5) SPECIFIED SEX OFFENDER means any person required to register as a sex[ual] offender under Chapter 62 of the Texas Code of Criminal Procedure [Section 6252- 13c.1 of Vernon’s Texas Civil Statutes], as amended, for a reportable conviction or adjudication of any of the following violations: (A) Continuous sexual abuse of a young child or children, as described in Section 21.02 of the Texas Penal Code, as amended. (B) Indecency [indecency] with a child, as described in Section 21.11 of the Texas Penal Code, as amended. [;] 2 (C) [(B)] Sexual [sexual] assault of a child, as described in Section 22.011 of the Texas Penal Code, as amended. [;] (D) [(C)] Aggravated [aggravated] sexual assault of a child, as described in Section 22.021 of the Texas Penal Code, as amended. [;] (E) Online solicitation of a minor, as described in Section 33.021 of the Texas Penal Code, as amended. (F) [(D)] Sexual [sexual] performance by a child, as described in Section 43.25 of the Texas Penal Code, as amended. [; or] (G) [(E)] Possession [possession] or promotion of child pornography, as described in Section 43.26 of the Texas Penal Code, as amended. (H) Any other violation listed in Article 62.001(5) of the Texas Code of Criminal Procedure, as amended, involving a victim younger than 17 years of age. (I) A violation of the laws of another state, federal law, laws of a foreign country, or the Uniform Code of Military Justice if the violation contained elements substantially similar to the elements of the violations described in Subparagraphs (A) through (H) of this paragraph. (b) A person commits an offense if the person [he] is a specified sex offender and: (1) remains on any part of the premises of a school or child-care facility or on any street, sidewalk, or other public way adjacent to any part of the premises of a school or child- care facility after being asked to leave by a person in authority; (2) reenters onto any part of the premises of a school or child-care facility or onto any street, sidewalk, or other public way adjacent to any part of the premises of a school or child-care facility within seven days of being asked to leave by a person in authority; or (3) has established a continual pattern of unauthorized entry onto the premises of any school or child-care facility or onto a street, sidewalk, or other public way adjacent to the premises of any school or child-care facility. (c) It is a defense to prosecution under Subsection (b) that the person: (1) was the parent or guardian of a child attending the school or child-care facility, unless a court of competent jurisdiction has issued an order restricting the person’s access to or presence near the child; (2) was at the time of the offense enrolled in and attending the school as a student; 3 (3) had prior written permission from the chief administrative officer of the school or child-care facility to be present, at the time of the offense, on the premises or on the street, sidewalk, or other public way adjacent to the premises; or (4) was in active transit in a motor vehicle on a public street that was a direct route between two locations at which the person had legitimate business. (d) A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500.” SECTION 2. That CHAPTER 31, “OFFENSES - MISCELLANEOUS,” of the Dallas City Code, as amended, is amended by adding new Section 31-17.1, “Restrictions on Sex Offenders Residing in the Same Dwelling Unit,” to read as follows: “SEC. 31-17.1 RESTRICTIONS ON SEX OFFENDERS RESIDING IN THE SAME DWELLING UNIT. (a) In this section: (1) DWELLING means a structure or building occupied as a residence. (2) DWELLING UNIT means one or more rooms in a single-family, duplex, townhouse, or multifamily dwelling that: (A) are designed to be a single housekeeping unit to accommodate one family; and (B) contain one or more kitchens, one or more bathrooms, and one or more bedrooms. (3) MULTIFAMILY DWELLING means a multifamily use as defined in Section 51A-4.209(b)(5) of the Dallas Development Code, as amended. (4) REGISTERED SEX OFFENDER means any person registered or required to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure, as amended. (b) A person who is a registered sex offender commits an offense if the person resides, either temporarily or permanently, in the same dwelling unit with another registered sex offender. (c) The owner, operator, or person in control of a dwelling unit commits an offense if he or she, either personally or through an employee or agent, allows a registered sex offender to reside, either temporarily or permanently, in the dwelling unit with another registered sex offender. 4 (d) It is a defense to prosecution under Subsection (b) or (c) that: (1) all registered sex offenders residing in the dwelling unit were related to each other by one or any combination of the following: (A) blood; (B) marriage; (C) adoption; or (D) foster care under a placement program authorized by the Texas Department of Family and Protective Services pursuant to Chapter 264, Subchapter B of the Texas Family Code, as amended; (2) the violation for which the sex offender was required to register was the only sex crime on the sex offender’s record and, at the time of that violation, the victim in the case was: (A) between 14 and 17 years of age; (B) a willing participant in the sexual activity; and (C) not more than four years younger than the registered sex offender; or (3) the dwelling unit was a lawfully established and lawfully operating: (A) halfway house, as defined in Section 51-4.204(5) or 51A-4.204(13) of the Dallas Development Code, as amended; (B) overnight general purpose shelter, as defined in Section 51A- 4.205(2.1) of the Dallas Development Code, as amended; (C) homeless assistance center, as defined and authorized in Section 51P-357.108 of the Dallas Development Code, as amended; or (D) institute for special education that holds a valid certificate of occupancy specifically for that use and that operates a program approved by the State of Texas for the housing, rehabilitation, and training of criminal offenders. (e) A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500.” 5 SECTION 3. That any registered sex offenders residing in the same dwelling unit on the passage date of this ordinance, and any owner, operator, or person in control of a dwelling unit in which multiple registered sex offenders were residing on the passage date of this ordinance, will have until December 13, 2011 to comply with this ordinance. SECTION 4. That CHAPTER 31 of the Dallas City Code, as amended, will remain in full force and effect, save and except as amended by this ordinance. SECTION 5. That the terms and provisions of this ordinance are severable and are governed by Section 1-4 of CHAPTER 1 of the Dallas City Code, as amended. SECTION 6. That this ordinance will take effect on December 13, 2010, and it is accordingly so ordained. APPROVED AS TO FORM: THOMAS P. PERKINS, JR., City Attorney By Assistant City Attorney Passed LC/DCC/00476A 6 AGENDA ITEM # 53 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: December 8, 2010 COUNCIL DISTRICT(S): 14 DEPARTMENT: Sustainable Development and Construction CMO: A. C. Gonzalez, 671-8925 MAPSCO: 34 C D ______ SUBJECT Authorize an appeal of the City Plan Commission’s decision to approve a minor amendment to the development plan and landscape plan for Planned Development District No. 771 on the south line of Lovers Lane, west of Inwood Road and east of Linwood Avenue - M090-057 - Financing: No cost consideration to the City BACKGROUND Section 51A-4.702(h) of the Dallas Development Code establishes a process for consideration of a minor amendment to a development plan for property governed by a Planned Development District. Section 51A-4.702(i) of the Dallas Development Code establishes a process for consideration of a minor amendment to a landscape plan for property governed by a Planned Development District. This process allows for flexibility as necessary to meet contingencies of development. The City Plan Commission shall, after a public hearing, authorize minor changes in the development plan that otherwise comply with the PD ordinance and do not: z alter the basic relationship of the proposed development to adjacent property; z increase a height shown on the original development plan by more than 10 percent or 12 feet, whichever is less, provided there is no increase in the number of habitable stories or parking levels above grade; z decrease the amount of required off-street parking spaces shown on the original development plan so as to create a traffic hazard or traffic congestion or fail to provide adequate parking; or z reduce setbacks at the boundary of the site as specified by a building or setback line shown on the original development plan. BACKGROUND (continued) The City Plan Commission shall, after a public hearing, authorize minor changes in the landscape plan that otherwise comply with the PD ordinance and do not: z reduce the perimeter landscape buffer strip shown on the original landscape plan; z detrimentally affect the original landscape plan's aesthetic function relative to adjacent right-of-way or surrounding property; or z detrimentally affect the original landscape plan's screening or buffering function. On September 1, 2010, the property owner submitted a request for consideration of a minor amendment to a development plan and landscape plan for property governed by Planned Development District No. 771 for certain mixed uses to provide for internal revisions related to infrastructure improvements, revised fence and retaining wall alignments along Kelton Drive, and revised tree planting and landscaped areas. The property is developed with a private school campus, inclusive of classroom/administrative floor area, recreational areas, and surface parking. On October 21, 2010, the City Plan Commission approved the requested minor amendment to the development plan and landscape plan. Section 51A-4.702(h)(3) and Section 51A-4.702(i)(3) allows for an appeal to city council by either the applicant or an owner of real property within the notification area (200 feet) City Council shall decide whether the City Plan Commission erred, using the same standards that City Plan Commission used. On October 27, 2010, a property owner within the area of notification submitted a written appeal of the City Plan Commission’s approval. PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) On October 21, 2010, the City Plan Commission recommended approval of a minor amendment to the development plan and landscape plan for Planned Development District No. 771 on the south line of Lovers Lane, west of Inwood Road and east of Linwood Avenue. FISCAL INFORMATION No cost consideration to the City. MAP Attached. Agenda Date 12/08/2010 - page 2 [Vicinity Map] MANNING CARUTH GREENBRI 4 AMHERST LOVERS L In HYER 4 EOM NO [M090-057] COUNCIL CHAMBER December 8, 2010 WHEREAS, Section 51A-4.702(h) and (i) of the Dallas Development Code establishes a process for consideration of a minor amendment to a development plan and landscape plan for property governed by a Planned Development District, and WHEREAS, the City Plan Commission shall, after a public hearing, authorize minor changes in the development plan and landscape plan that otherwise comply with the PD ordinance and do not: z alter the basic relationship of the proposed development to adjacent property; z increase a height shown on the original development plan by more than 10 percent or 12 feet, whichever is less, provided there is no increase in the number of habitable stories or parking levels above grade; z decrease the amount of required off-street parking spaces shown on the original development plan so as to create a traffic hazard or traffic congestion or fail to provide adequate parking; or z reduce setbacks at the boundary of the site as specified by a building or setback line shown on the original development plan; z reduce the perimeter landscape buffer strip shown on the original landscape plan; z detrimentally affect the original landscape plan's aesthetic function relative to adjacent right-of-way or surrounding property; or z detrimentally affect the original landscape plan's screening or buffering function. WHEREAS, on October 21, 2010, in Case No. M090-057, the City Plan Commission approved a minor amendment to the development plan and landscape plan for Planned Development District No. 771, and WHEREAS, Section 51A-4.702(h)(3) and (i)(3) allows for an appeal to City Council by either the applicant or an owner of real property within the notification area, and WHEREAS, on October 27, 2010, an owner of real property within the notification area appealed this decision to the City Council; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Council finds that the minor amendments comply with the requirements of Section 51A-4.702(h) and (i) of the Dallas Development Code and the City Plan Commission's decision to approve a minor amendment to the development plan and landscape plan is affirmed. Section 2. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. CITY PLAN COMMISSION THURSDAY, OCTOBER 21, 2010 Planner: Richard E. Brown FILE NUMBER: M090-057 DATE FILED: September 1, 2010 LOCATION: South line of Lovers Lane, West of Inwood Road and East of Linwood Avenue COUNCIL DISTRICT: 14 MAPSCO: 34 C, D SIZE OF REQUEST: Approx. 5.5 Acres CENSUS TRACT: 71.02 APPLICANT/OWNER: Providence Christian School REPRESENTATIVE: Robert D. Richardson MISCELLANEOUS DOCKET ITEM Minor Amendment for Development Plan and Landscape Plan On November 12, 2007, the City Council passed Ordinance No. 27004 which established Planned Development District No. 771 for certain mixed uses on the on property at the above location. At this time, the property owner has submitted an application for consideration of a minor amendment to the development plan and landscape plan to provide for internal revisions related to infrastructure improvements, revised fence and retaining wall alignments along Kelton Drive, and revised tree planting and landscaped areas. The requested minor amendment does not impact any of the other provisions of the ordinance permitting this use. STAFF RECOMMENDATION: Approval 1 2 3 Proposed Development Plan 4 Proposed Landscape Plan Existing Development Plan 5 6 Existing Landscape Plan 7 Page 1 of 6 9/8/2010 Notification List of Property Owners M090-057 174 Property Owners Notified Label # Address Owner 1 7806 LOVERS PROVIDENCE CHRISTIAN SCHOOL OF TEXAS 2 7802 LOVERS PROVIDENCE CHRISTIAN SCHOOL OF TEXAS 3 4814 KELTON SKINNER LORENA M 4 4926 KELTON DR LEWIS DON V SUITE B 5 4816 KELTON DR LEWIS DON V STE B 6 4820 KELTON GALVAN ERISTEO 7 4828 KELTON PARK PLACE INVESTMENTS & 8 4829 NEWMORE AVE CHANEY TIM 9 4823 NEWMORE AVE G & G ADRIAN LLC 10 4902 KELTON KAPLAN BEATRICE S 11 4904 KELTON BROSIUS MURRAY T 12 4912 KELTON PEREZ GUSTAVO A & AMELIA S PEREZ 13 4916 KELTON HARRINGTON FAMILY TRUST 14 4920 KELTON HALL DANIEL W 15 4927 NEWMORE AVE KOSTER PROPERTIES LTD 16 4921 NEWMORE AVE ALVAREZ SANDRO 17 4915 NEWMORE AVE CARY THELMA M 18 4909 NEWMORE AVE CHANEY TIMOTHY & 19 4905 NEWMORE AVE MCMILLAN EVA C & KATHERINE P 20 4907 NEWMORE AVE MCMILLAN EVA C 21 4901 NEWMORE AVE ADRIAN G & G LLC 22 7702 KAYWOOD HARRISON CAMERON SAGE 23 7716 KAYWOOD GRIFFITH RUSSELL F & JUDITH W NELSON CO- TRS 24 7719 CAILLET CEPHUS LUBERTHA 25 7715 CAILLET WEAVER BARBARA ANN 26 7711 CAILLET DEPRATO LISA Wednesday, September 08, 2010 8 Label # Address Owner 27 7707 CAILLET CLEVELAND TIM 28 7703 CAILLET CLEVELAND LUBY 29 7811 MORTON PEREZ GUSTAVO A & AMELIA S 30 7807 MORTON THOMAS BETTY J 31 7803 MORTON RANDEL KATHERINE M 32 7723 MORTON JC LEASING LLP 33 7719 MORTON DAVIS TOM & TOMIKO DAVIS 34 7715 MORTON PRUITT ESTELLE 35 5050 LOVERS A & D HARRIS FMLY LTD PS 36 5050 LOVERS A & D HARRIS FMLY LTD PS 37 5040 LOVERS PROVIDENCE CHRISTIAN SCHOOL OF TEXAS 38 7718 CAILLET JONES ARTHUR C CORDELIA 39 7714 CAILLET JEFFERSON LEVONIA 40 7710 CAILLET NIXON MICHAEL R & CALLIE C 41 7706 CAILLET SRJ PROPERTIES 42 4914 AMHERST SIMMONS JAMES M & REBECCA 43 4918 AMHERST HARRIS JOHNNIE 44 4922 AMHERST DECET DENNIS 45 4931 LOVERS RAA INVESTMENTS INC 46 4919 LOVERS OTTO DWIGHT R & KAREN M 47 4915 LOVERS PORTTEUS GROUP LLC 48 4911 LOVERS STUDIO 4911 LLC 49 4907 LOVERS BUTLER RICHARD FRANK & KIMBERLY DAWN BUTLER 50 4901 LOVERS DIXON KENNY MARIE GRANTOR TRUST 51 4813 LOVERS SCOTTI ANTHONY J 52 4811 LOVERS YIP CHUN PING & 53 4809 LOVERS EWTON VALYNDA A 54 4802 AMHERST DI JOY DAVID 55 4810 AMHERST RAMOS JOE B JR 56 4814 AMHERST STEED DAVID G & JOHNNIE C 57 4822 AMHERST ELIAS PATRICIA A RESIDUARY TRUST PATRICIA A ELIAS Wednesday, September 08, 2010 9 Label # Address Owner 58 4826 AMHERST CHILDS WILLIAM C & LAYNE B 59 4900 AMHERST BULKLEY ELIZABETH B 60 4902 AMHERST STEIN TODD A 61 4910 AMHERST TAYLOR JULIA DAWN 62 4926 AMHERST RENNA MELINDA RAMOS 63 4930 AMHERST MCMAHAN MATTHEW D 64 5000 AMHERST JONES LAUREL SCHRAECHER & CHUCK JONES 65 5006 AMHERST MENDOZA MARIA DEL ROSARIO ANTONIO MENDOZA 66 5010 AMHERST BRANAM DAWN M 67 5025 LOVERS JOE F G 68 5023 LOVERS CROFT T GEORGE 69 5017 LOVERS BARNHART JOSLYN NICOLE 70 5015 LOVERS 5013 15 LOVERS LANE PS W.C. MILLER PROPERTIES, LLC 71 5013 LOVERS 5013 15 LOVERS LANE PS W.C, MILLER PROPERTIES, LLC 72 5009 LOVERS WALDMAN FLORENCE A & WALDMAN FAMILY TRUST 73 5001 LOVERS LOVERS LANE ANTIQUE W.C. MILLER PROPERTIES, LLC 74 4719 LOVERS SCHENKEL ROBERTS PARTNERS LTD STE 520/LB 84 75 5060 LOVERS BRACKEN JOHN W % NICHOLSON-HARDIE 76 4807 LOVERS LOVERS LANE OFFICE PARTNERS LIMITED 77 4801 LOVERS 4801 PARTNERS LTD 78 4923 LOVERS OTTO DWIGHT R & KAREN M OTTO 79 4800 W LOVERS LN YARBROUGH DARRELL G 80 4800 W LOVERS LN MATTIVI LOUIS J 81 4800 W LOVERS LN PANDO DUANE 82 4800 W LOVERS LN RICE RANDY G 83 4800 W LOVERS LN IDICULA IDICHANDI & PONNAMMA 84 4800 W LOVERS LN KORAL KORGUN & KADRIYE M KADRIYE KORAL 85 4800 W LOVERS LN JOHNSON ANDREA & CHRISTOPHER JOHNSON 86 4800 W LOVERS LN VO VI AN 87 4800 W LOVERS LN WOMACK JAMES W & JEAN 88 4800 W LOVERS LN CONKLIN REAL ESTATE INVESTMENTS LTD PS Wednesday, September 08, 2010 10 Label # Address Owner 89 4800 W LOVERS LN WOMACK JAMES W & JEAN 90 4800 W LOVERS LN KORAL KORGUN & KADRIYE KORAL 91 4800 W LOVERS LN HURT GREGORY P 92 4800 W LOVERS LN WEI JEN-HSUAN 93 4800 W LOVERS LN SHORE LINDA C UNIT 115 94 4800 W LOVERS LN SHEPHERD JACKI UNIT 116 95 4800 W LOVERS LN SUERO PAOLA P BLDG A UNIT 117 96 4800 W LOVERS LN STUBBLEFIELD CAROLYN J UNIT 118A 97 4800 W LOVERS LN BEVERLY 236 98 4800 W LOVERS LN RUIZ JUAN A & PATRICIA L 99 4800 W LOVERS LN VISHWANATH MRIDULA BLDG A UNIT 121 100 4800 W LOVERS LN NGUYEN SUONG BLDG A UNIT 122 101 4800 W LOVERS LN GUEST HOWARD A 102 4800 W LOVERS LN DIEHL ANGELA M 103 4800 W LOVERS LN RAYSON LEE UNIT 501 104 4800 W LOVERS LN COLLARD RICHARD 105 4800 W LOVERS LN SINCLAIR FOSTER 106 4800 W LOVERS LN VILLANUEVA CLAUDIA Y 107 4800 W LOVERS LN JANSON LEE W 4/9 ADVOCATES CLOSE 108 4800 W LOVERS LN PARIS MARCUS E 109 4800 W LOVERS LN NICHOLS LAUREN IVY 110 4800 W LOVERS LN APPLEGATE JAMES 111 4800 W LOVERS LN ESTRADA EDUARDO J UNIT 509 112 4800 W LOVERS LN SMITH ROBERT G & DOREEN R SMITH 113 4800 W LOVERS LN SMITH KELLY B 114 4800 W LOVERS LN MCCOY SHANA LEE # 512 115 4800 W LOVERS LN SIMPSON EDWIN P III & DEBORAH L LIV TRUST 116 4800 W LOVERS LN SILVA ELAINE 117 4800 W LOVERS LN SCHAER DAVID D 118 4800 W LOVERS LN LI JINGQI 119 4800 W LOVERS LN BENJAMIN JAMAAL L & Wednesday, September 08, 2010 11 Label # Address Owner 120 4800 W LOVERS LN LANDRY CATHY B BLDG B UNIT 518 121 4800 W LOVERS LN SEATON MARLEE R BLDG B UNIT 519 122 4800 W LOVERS LN KINDER JENNIFER ANNE APT 424 123 4800 W LOVERS LN SUKUMAR SUMITHA UNIT 521 124 4800 W LOVERS LN TYLER ANDREW F 125 4800 W LOVERS LN WYNNE BEDFORD S 126 4800 W LOVERS LN ROY REBECCA L BLDG B UNIT 524 127 4800 W LOVERS LN PACHOLCZUK ORES & ANTONIA 128 4800 W LOVERS LN CRAPO STEPHANIE A 129 4800 W LOVERS LN NICHOLS LAUREN IVY 130 4800 W LOVERS LN MEZZOUR MOHAMED 131 4800 W LOVERS LN SANFORD ROBYN BLDG C UNIT 305 132 4800 W LOVERS LN BUI DAVID T #116-113 133 4800 W LOVERS LN THATCHER KARLA D 134 4800 W LOVERS LN SNAPP CHARLES 135 4800 W LOVERS LN NASH ABIGAIL I 136 4800 W LOVERS LN ACTKINSON KEITH R 137 4800 W LOVERS LN CABRERA JOSE A & 138 4800 W LOVERS LN SPENCE DAVID A BLDG C UNIT 312 139 4800 W LOVERS LN WOLOSZYN SHERRI T & TOMASZ K 140 4800 W LOVERS LN NOSWORTHY DUDLEY II 141 4800 W LOVERS LN BARRON TIMOTHY V 142 4800 W LOVERS LN SALAHUDEEN AMEEN BLDG D UNIT 401 143 4800 W LOVERS LN ROBERT BRYAN BLDG D UNIT 402 144 4800 W LOVERS LN SMITH TAMARA BLDG D UNIT 404 145 4800 W LOVERS LN BRANAMAN RACHEL E. 146 4800 W LOVERS LN PACHOLCZUK ANTONIA & ORES J 147 4800 W LOVERS LN WANG TZU-MING & XIAOCHENG CHEN 148 4800 W LOVERS LN HA TUONG UNIT 408 149 4800 W LOVERS LN LUETHE TROY A 150 4800 W LOVERS LN OMARY JOHN Wednesday, September 08, 2010 12 Label # Address Owner 151 4800 W LOVERS LN MATTHEWS KRISTA A 152 4800 W LOVERS LN CRABTREE KAREN BLDG E UNIT 203 153 4800 W LOVERS LN WATSON JERRY 154 4800 W LOVERS LN DURNEY KRISTIN 155 4800 W LOVERS LN BOND H BENTON & ARABELLA 156 4800 W LOVERS LN RODRIGUEZ ARMANDO NO 207 157 4800 W LOVERS LN LYONS ELAINE G BLDG E UNIT 208 158 4800 W LOVERS LN SMITH CHRISTOPHER L 159 4800 W LOVERS LN ORTEGA BLAS F J UNIT 210 160 4800 W LOVERS LN YANG CHINRANG 161 4800 W LOVERS LN KANNADAN SONIA & 162 4800 W LOVERS LN PORTER SHAINA N 163 4800 W LOVERS LN MYERS FAMILY REV TRUST 164 4800 W LOVERS LN KORAL KORGAN & KADRIYE KADRIYE KORAL 165 4800 W LOVERS LN TRAN TU & ANNE B 166 4800 W LOVERS LN HYDE HEATH E #217 167 4800 W LOVERS LN MCNEEL MARION RANELL 168 4800 W LOVERS LN CERVANTES CHRISTOPHER R BLDG E UNIT 219 169 4800 W LOVERS LN EGAL STEPHEN K 170 4800 W LOVERS LN DUNCAN JACK L 171 4800 W LOVERS LN BARELLO LORELI BLDG E UNIT 222 172 4800 W LOVERS LN NGUYEN HUNG & HOC NGOC QUYNH 173 4800 W LOVERS LN BRANAMAN TIM F & NANCY 174 4800 LOVERS LN LYONS ELAINE Wednesday, September 08, 2010 13 PLAN COMMISSION MINUTES October 21, 2010 M090-057 Planner: Richard Brown Motion: It was moved to approve a minor amendment to the development plan and landscape plan for Planned Development District No. 771 for certain mixed uses on the south line of Lovers Lane, west of Inwood Road and east of Linwood Avenue with an added provision that the gate on the south side of the property be used only for emergency purposes. Maker: Peterson Second: Bernbaum Result: Carried: 13 to 0 For: 13 - R. Davis, Wally, Anglin, M. Davis*, Rodgers, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Wolfish, Schwartz, Peterson Against: 0 Absent: 1 - Alcantar Vacancy: 1 - District 6 *out of the room, shown voting in favor Speakers: For: Rob Richardson, 5002 W. Lovers Ln., Dallas, TX, 75209 Against: Dr. Gus Perez, 7811 Morton St., Dallas, TX, 75209 1 10-;97-10 -r0: ;f/r 'R (C0 tVcf growA 5r. p(a r1 ncr: (~ --x aV1'\ 0( pr0-P12r-f.-r W11h. ;;;'00 -(-I d.-{ 'P,6vtdeAc..e Cl-t't'Sh'Wt. Sc"oo I 0+ T-eyCeS. S wr: 4 to a.ppRCi I ~ Clf?fOVcz( o ~ f2---e m (~rOr rJ.rY/£AJt/YJ-fA/T -rhvT ca es t:?fPOv..td hoi ~ ft1 () q o~ 057 • P~e7., Gus A. ?h, '0 , 7 g /1 111 orkA sf. RECEIVED BY Dot I!«J(1-r)C.C1J 75;:)-09 OCT 27 2010 - ;';urrent Planning c.: , _ . ...., '--r "' AGENDA ITEM # 54 KEY FOCUS AREA: Make Government More Efficient, Effective and Economical AGENDA DATE: December 8, 2010 COUNCIL DISTRICT(S): All DEPARTMENT: Public Works & Transportation CMO: Jill A. Jordan, P.E., 670-5299 MAPSCO: N/A ______ SUBJECT An ordinance amending Section 43-136 of Chapter 43 of the Dallas City Code to authorize the Director of Public Works and Transportation to promulgate regulations and operational standards governing the shared use of the public right-of-way by transportation uses (including streetcars) and public service providers - Financing: No cost consideration to the City BACKGROUND This action will amend Section 43-136 of Chapter 43 of the Dallas City Code to authorize the Director of Public Works and Transportation to promulgate regulations and operational standards governing the shared use of the public right-of-way by transportation uses (including streetcars) and public service providers. Future streetcar projects are planned within City of Dallas right-of-way by the Dallas Area Rapid Transit (DART) and the City of Dallas and it is necessary to specify how the use of City right-of-way will be shared, specifically with the franchise utility companies. This ordinance pertains specifically to activities within the public right-of-way that would affect City operation of existing or future streetcars. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Deferred by Councilmember Steve Salazar on June 23, 2010. Deferred for no longer than 4 months by Councilmember Linda Koop on August 11, 2010. FISCAL INFORMATION No cost consideration to the City. 5/17/10 ORDINANCE NO. An ordinance amending Section 43-136 of CHAPTER 43, “STREETS AND SIDEWALKS,” of the Dallas City Code, as amended; authorizing the director of public works and transportation to promulgate regulations and operational standards governing the shared use of the public right-of- way by transportation uses (including streetcars) and public service providers; providing a penalty not to exceed $2,000; providing a saving clause; providing a severability clause; and providing an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That Section 43-136, “Director’s Authority; Enforcement; Offenses,” of Article VIII, “Certain Uses of Public Right-of-Way,” of CHAPTER 43, “STREETS AND SIDEWALKS,” of the Dallas City Code, as amended, is amended to read as follows: “SEC. 43-136. DIRECTOR’S AUTHORITY; ENFORCEMENT; OFFENSES. (a) The director is authorized to administer and enforce the provisions of this article, and to promulgate regulations, including but not limited to engineering, technical, and other special criteria and standards, to aid in the administration and enforcement of this article that are not in conflict with this article, this code, or state or federal law. To further aid in the administration and enforcement of this article, the director is also authorized to promulgate regulations and operational standards governing the shared use of the public right-of-way by transportation uses (including but not limited to streetcars) and public service providers, so long as those regulations and standards are not in conflict with this article, this code, or state or federal law. (b) The director is authorized to enter upon a construction site for which a permit is granted under this article or, where necessary, upon private property adjacent to the construction site, for purposes of inspection to determine compliance with the permit or this article. (c) A person commits an offense if he: 1 (1) performs, authorizes, directs, or supervises construction without a valid permit issued under this article; (2) violates any other provision of this article; (3) fails to comply with restrictions or requirements of a permit issued under this article; or (4) fails to comply with an order or regulation of the director issued pursuant to this article. (d) A person commits an offense if, in connection with the performance of construction in the public right-of-way, he: (1) damages the public right-of-way beyond what is incidental or necessary to the performance of the construction; (2) damages public or private facilities within the public right-of-way; or (3) knowingly fails to clear debris associated with the construction from a public right-of-way after construction is completed. (e) It is a defense to prosecution under Subsection (d)(2) if the person complied with all of the requirements of this article and state law and caused the damage because the facilities in question: (1) were not shown or indicated in a plan document, plan of record, record construction drawing, or field survey, staking, or marking; and (2) could not otherwise be discovered in the public right-of-way through the use of due diligence. (f) A person commits an offense if, while performing any construction or other activity along a public right-of-way (whether or not a building or other permit is required for the activity), the person: (1) damages the public right-of-way or public or private facilities located within the public right-of-way; or (2) fails to clear debris associated with the construction or other activity from a public right-of-way. (g) It is a defense to prosecution under Subsections (f)(1) and (f)(2) that the person was performing all of the construction or other activity along the public right-of-way in compliance with any permit issued for the construction or activity. 2 (h) [Unless specifically provided otherwise, a culpable mental state is not required to prove an offense under this article.] A person who violates a provision of this article is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued, authorized, directed, or permitted. An offense under Subsection (d)(3) or (f)(2) is punishable by a fine of not less than $500 or more than $2,000. Any other offense under this article is punishable by a fine of $500. The culpable mental state required for the commission of an offense under this article is governed by Section 1-5.1 of this code. (i) This article may be enforced by civil court action in accordance with state or federal law, in addition to any other remedies, civil or criminal, the city has for a violation of this article. (j) Prior to initiation of civil enforcement litigation, the permittee or any other person who has violated a provision of this article must be given the opportunity to correct the violation within the time frame specified by the director. This subsection does not prohibit the director or the city from taking enforcement action as to past or present violations of this article, notwithstanding their correction.” SECTION 2. That CHAPTER 43 of the Dallas City Code, as amended, will remain in full force and effect, save and except as amended by this ordinance. Any proceeding, civil or criminal, based upon events that occurred prior to the effective date of this ordinance are saved, and the former law is continued in effect for that purpose. SECTION 3. That the terms and provisions of this ordinance are severable and are governed by Section 1-4 of CHAPTER 1 of the Dallas City Code, as amended. SECTION 4. That this ordinance will take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so ordained. APPROVED AS TO FORM: THOMAS P. PERKINS, JR., City Attorney By Assistant City Attorney Passed LC/DCC/00487A 3 AGENDA ITEM # 55 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: December 8, 2010 COUNCIL DISTRICT(S): All DEPARTMENT: Office of Economic Development CMO: A. C. Gonzalez, 671-8925 MAPSCO: N/A ______ SUBJECT Authorize a nine-month Chapter 380 grant agreement, with four one-year renewal options, with World Affairs Council of Dallas / Fort Worth, the most advantageous proposer of two, for economic development and protocol services for the period January 1, 2011 through September 30, 2011 - Not to exceed $150,000 - Financing: Public/Private Partnership Funds (subject to annual appropriations) BACKGROUND Under this contract, the World Affairs Council of Dallas/Fort Worth (WAC) will provide protocol services to the City of Dallas and specifically the Office of Economic Development (OED). Responsibilities include: supporting the International Business Division of the Office of Economic Development to promote foreign investment and attract foreign companies to Dallas, particularly in the southern sector; working with the office of the Mayor, City Councilmembers and City officials to market Dallas to the international community and provide protocol and logistical support for international delegations visiting Dallas; and managing the Sister Cities International Program. The World Affairs Council of Dallas/Fort Worth has been under contract to staff and manage the City of Dallas Protocol office; however, their contract expired on September 30, 2010. A three month renewal was put in place to allow for continued staffing during the proposal and bid process. The City issued an RFP BPZ1032 to solicit bids for professional assistance related to Protocol Services on August 19, 2010. BACKGROUND (Continued) A four member evaluation committee was selected from the following departments: z Economic Development – 2 z Cultural Affairs - 1 z Intergovernmental Services – 1 The successful proposer was selected by the committee on the basis of the following criteria: A. Responsiveness to the Request for Proposal: (25 points) 1. Requested information included and thoroughness of response. (15 points) 2. Clarity and brevity of response. (10 points) B. Statement of Qualifications (15 points) C. References and previous experience related to protocol services, hosting foreign delegations, and working with municipal and federal governments. (20 points) D. Business Inclusion and Development Plan. (15 points) E. Cost (25 points) As part of the solicitation process and in an effort to increase competition, Business Development and Procurement Services (BDPS) used its procurement system to send out 829 email bid notifications to vendors registered under respective commodities. To further increase competition, BDPS uses historical solicitation information, the internet, and vendor contact information obtained from user departments to contact additional vendors by phone. Additionally, in an effort to secure more bids, notifications were sent by the BDPS’ ResourceLINK Team (RLT) to 25 chambers of commerce, the DFW Minority Business Council and the Women’s Business Council – Southwest, to ensure maximum vendor outreach. Upon City Council approval, the City will enter into a nine-month contract with the World Affairs Council of Dallas / Fort Worth, with an option for up to four one-year renewals. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On January 23, 2008, the City Council authorized the first of three twelve-month renewal terms to the grant agreement with the World Affairs Council of Dallas/Fort Worth for the period October 1, 2007 through September 30, 2008 by Resolution No. 08-0307. On September 24, 2008, the City Council authorized the second of three twelve-month renewal terms to the grant agreement with the World Affairs Council of Dallas/Fort Worth for the period October 1, 2008 through September 30, 2009 by Resolution No. 08-2542. Agenda Date 12/08/2010 - page 2 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued) On April 20, 2009, the Economic Development Committee was briefed on the formation of a privately capitalized restricted fund, Mayor’s International Relations Fund, to support international initiatives of the City of Dallas. WAC will initiate solicitations to capitalize Mayor’s International Relations Fund. On September 21, 2009, a memo was submitted to the Economic Development Committee regarding the renewal of the World Affairs Council of Dallas/Fort Worth grant agreement. On September 20, 2010, a memo was submitted to the Economic Development Committee regarding the amendment to the World Affairs Council of Dallas/Fort Worth grant agreement that will extend the contract for 90 days. On September 22, 2010, the City Council authorized a three-month renewal to the grant agreement with the World Affairs Council of Dallas/Fort Worth for the period October 1, 2010 through December 31, 2010, by Resolution No. 10-2415. FISCAL INFORMATION $150,000 – Public/Private Partnership Funds M/WBE INFORMATION 199 - Vendors contacted 199 - No response 0 - Response (Bid) 0 - Response (No bid) 0 - Successful The recommended awardees have fulfilled the good faith requirements set forth in the Business Inclusion and Development (BID) Plan adopted by Council Resolution No. 08-2826 as amended. ETHNIC COMPOSITION World Affairs Council of Dallas/Forth Worth White Male 1 White Female 13 Black Male 0 Black Female 0 Hispanic Male 0 Hispanic Female 0 Other Male 1 Other Female 1 Agenda Date 12/08/2010 - page 3 PROPOSAL INFORMATION The following proposals were received from solicitation number BPZ1032 and were opened on October 20, 2010. This service contract is being awarded in its entirety to the most advantageous proposer. *Denotes successful proposer Proposers Address Score *World Affairs Council 325 N. St Paul Street, Suite 4200 82.5 of Dallas/Fort Worth Dallas, TX 75201 Senteena Business 1499 Regal Row, #200 45.92 Solutions, LLC Dallas, TX 75247 OWNER World Affairs Council of Dallas/Forth Worth James Falk, President & Chief Executive Officer Agenda Date 12/08/2010 - page 4 COUNCIL CHAMBER December 8, 2010 WHEREAS, the City recognizes the importance of its role in local economic development; and WHEREAS, Chapter 380 of the Texas Local Government Code allows the governing body of a municipality to partner with a nonprofit organization to administer a program to promote local economic development and stimulate business and commercial activity in the municipality; and WHEREAS, the City now desires to issue a grant agreement with the World Affairs Council of Dallas/Fort Worth for services relating to business development and protocol for the period January 1, 2011 through September 30, 2015. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager, upon approval as to form by the City Attorney is hereby authorized to enter a grant agreement with four one-year renewal options with the World Affairs Council of Dallas/Fort Worth for economic development and protocol services for the period January 1, 2011 through September 30, 2011 and execute any and all documents required by the contract. Section 2. That the City Controller is hereby authorized to disburse funds from: Fund 0352, Department ECO, Unit P476, Object 3016, Encumbrance No. ECOP476B001, Activity PPPF, Vendor No. 509630 in an amount not to exceed $150,000. Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. Distribution: Office of Economic Development – Tenna Kirk, 5CS Office of Economic Development – Sajid Safdar, 2CN Office of Economic Development – Heather Lepeska, 5CS City Attorney's Office – Barbara Martinez City Attorney's Office – Sarah Hasib AGENDA ITEM # 56 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: December 8, 2010 COUNCIL DISTRICT(S): 4 DEPARTMENT: Office of Economic Development CMO: A. C. Gonzalez, 671-8925 MAPSCO: 64 G ______ SUBJECT Authorize an economic development grant agreement pursuant to Chapter 380 of the Texas Local Government Code in accordance with the City's Public/Private Partnership Program - Business Development Grant Program with International Bazaar, Inc., related to the remodeling of the Big T Plaza Shopping Center located at 4515 Village Fair Drive – Not to exceed $200,000 – Financing: 2006 Bond Funds BACKGROUND International Bazaar, Inc., seeks City Council approval of an economic development grant in an amount not to exceed $200,000 for the remodeling of the Big T Plaza, a 161,325 square foot shopping center situated on approximately 17.8 acres located at the northwest quadrant of the intersection of I-35E and W. Ledbetter Road at 4515 Village Fair Drive. International Bazaar, Inc., will make a private investment of approximately $1,000,000 in order to be eligible for the proposed economic development grant. The economic development grant is designed to offset certain remodeling costs including demolition, retrofitting, and other related improvements. The economic development grant will be payable in the amount of the lesser of 20% of actual expenditures or $200,000 upon substantial completion of approximately $1,000,000 in improvements by June 30, 2011. The proposed development meets minimum eligibility requirements of the Public/Private Partnership Program as adopted by the City Council on June 23, 2010. ESTIMATED PROJECT SCHEDULE Began Construction December 2010 Complete Construction June 2011 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On December 6, 2010, a memo was submitted to the Economic Development Committee regarding an economic development grant agreement with International Bazaar, Inc. related to the remodeling of the Big T Plaza Shopping Center located at 4515 Village Fair Drive. FISCAL INFORMATION $200,000 - 2006 Bond Funds OWNER DEVELOPER International Bazaar, Inc. International Bazaar, Inc. James P. Lee, President James P. Lee, President MAP Attached. Agenda Date 12/08/2010 - page 2 Big T Plaza Shopping Center MONTE CARLO EDGEFIELD EISENHOWER GRAYSON OBANNON MCVEY SHADOW WOOD TOLUCA RYAN WILDROSE BRODIE HOKE SMITH CORNING GARAPAN PERRYTON LACEWOOD ALABAMA MICHIGAN SEEVERS LLEWELLYN TENNESSEE PENLAND EDGEFIELD DOGWOOD KIEST GRACELAND RAMSEY CHAMPAGNE ARIZONA CRIPPLE CREEK NOKOMIS ALASKA VERNON NOKOMIS BECKLEY HOLDEN HOLDEN TYLER NAVAJO CONWAY DRIFTWOOD TRIBUNE FAWN RIDGE OVERTON IDAHO TRAILRIDGE MARYLAND BRIARCREST LEGENDARY FAWN VALLEY FAWN GARZA FIVE MILE PENTAGON BOW AND ARROW TYLER SUMMIT RIDGE FORTUNE MARSALIS Big T Plaza Shopping Center VANETTE FORDHAM 4515 Village Fair Drive SUN VALLEY Dallas, TX 75224 HUCKLEBERRY LOST CREEK FIVE MILE PENTAGON BROOKMERE ¤£67 TARRYALL BROOK SPRING PARKWOOD ELK HORN ELK BROOKWOOD VILLAGE^_ FAIR ANN ARBOR OAK FOREST LEDBETTER HIGHLAND OAKS LASHLEY SLEETH CEDAR FALLS CEDAR GREEN CASTLE MENTOR 12 OAK PARK )" PENTAGON HOLLY GLEN WEEHAVEN FIVE MILE SUNNY GLEN WHITESTONE MOSS POINT CLEAR CREEK JADE GREEN RIDGE OAK ROCKPORT MISTY GLEN MISTY GLEN HAYWOOD PALODURO OAK MEADOWS GREEN COVE POLK REGATTA GLEN ARBOR TOWN CREEK ¨¦§35E WOODACRE OAK VISTA BROOK VALLEY BROOK VALLEY HILLVALE WOODACRE MAUREEN DRURY GREEN HILL GREGORY CHERRY GLEN CALCUTTA FOX HILL FOX MEADOW HEATH LONGLEAF LAKE PLACID LAKE CHALET RIDGE ROCKY PENGUIN CLEAR FORK GLEN OAKS HAMMERKING SUMATRA MARSALIS SPRUCE VIEW SPRUCE TIMBER DELL LOS CABOS RUSSELL GLEN TRAILWOOD REGATTA WOOD RIVER SCOTTSBORO GLEN FOREST GLEN MARGARITA REYNOLDSTON GLEN STONE FOXBORO BURRELL LAURELAND GLEN OAKS HUNTERS VIEW HEATHER GLEN Miles CEDAR GLEN CEDAR ² GREENSPAN 0 0.1 0.2 0.4 DALLAS Legend ECONOMIC DEVELOPMENT Freeway Arterial Research & Information Division Highway Local Road 214.670.1685 dallas-ecodev.org Created 11.2.10, Updated 11.3.10 - 10-11-02 Jim Greenwalt.TCG Source: City of Dallas, 2010 COUNCIL CHAMBER December 8, 2010 WHEREAS, the City recognizes the importance of its role in local economic development; and WHEREAS, the City, pursuant to Resolution No. 10-1721 approved by the City Council on June 23, 2010: (1) adopted revised Public/Private Partnership Program - Guidelines and Criteria, which established certain guidelines and criteria for the use of City incentive programs for private development projects; and (2) established programs for making loans and grants of public money to promote local economic development and to stimulate business and commercial activity in the City of Dallas pursuant to the Economic Development Programs provisions under Chapter 380 of the Texas Local Government Code, (the “Act”); and WHEREAS, on June 23, 2010, the City Council elected to continue its participation in economic development grants pursuant to Chapter 380 of the Texas Local Government Code by Resolution No. 10-1721, as amended; and WHEREAS, on November 7, 2006, Dallas voters approved $41,495,000 in bond funding to promote economic development activities which include the construction of certain public improvements including, but not limited to, street improvements, utility and other infrastructure improvements in Southern Dallas; and WHEREAS, the City desires to enter into an economic development grant agreement with International Bazaar, Inc. for the remodeling of Big T Plaza Shopping Center at 4515 Village Fair Drive, Dallas, Texas 75224. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager, upon approval as to form by the City Attorney is hereby authorized to execute an economic development grant agreement pursuant to Chapter 380 of the Texas Local Government Code in accordance with the City's Public/Private Partnership Program - Business Development Grant Program with International Bazaar, Inc. for the remodeling of Big T Plaza Shopping Center located at 4515 Village Fair Drive, Dallas, Texas 75224. Section 2. That the economic development grant with International Bazaar, Inc. in an amount not to exceed $200,000, will be payable upon substantial completion of approximately $1,000,000 in real property improvements on or before June 30, 2011. Section 3. That if the actual expenditures for the improvements are less than $1,000,000, the economic development grant will be limited to an amount not to exceed 20% of those actual expenditures. COUNCIL CHAMBER December 8, 2010 Section 4. That the City Controller is hereby authorized to encumber and disburse funds from: Fund 9T52, Department ECO, Unit T809, Object 3016, Activity INFS, Encumbrance No. ECOT809B102, Vendor No. VS0000059577, in an amount not to exceed $200,000. Section 5. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. Distribution: Office of Economic Development - Tenna Kirk, 5CS Office of Economic Development – J. Hammond Perot, 5CS Office of Economic Development – Jim Greenwalt, 2CN Office of Economic Development - Sajid Safdar, 2CN City Attorney's Office - Barbara Martinez AGENDA ITEM # 57 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: December 8, 2010 COUNCIL DISTRICT(S): 1 DEPARTMENT: Office of Economic Development CMO: A. C. Gonzalez, 671-8925 MAPSCO: 44X-Z, 45W, 54 B-D, 54 F-H, 55A, 55E ______ SUBJECT Authorize an economic development grant agreement pursuant to Chapter 380 of the Texas Local Government Code in accordance with the City's Public/Private Partnership Program - Business Development Grant Program with Bishop Arts Village, LLC, related to the acquisition of real estate and development of certain property within the City of Dallas – Not to exceed $2,000,000 – Financing: 2006 Bond Funds BACKGROUND Bishop Arts Village, LLC (BAV) seeks City Council approval of an economic development grant in an amount not to exceed $2,000,000 related to the acquisition of real estate and project development of certain property within the North Oak Cliff area of the City of Dallas. BAV has plans to develop a mixed-use residential and commercial development exceeding 1 million s.f. and resulting in an investment exceeding $100 million. The company has already secured several properties for the proposed development and the requested funding will support the acquisition of additional properties, project planning and due diligence. The proposed Chapter 380 agreement represents Phase I of the City's proposed relationship with BAV. Subject to the successful implementation of Phase I, strategies and public incentives to support future phases of private development may be considered. If BAV does not implement the project beyond Phase I by December 31, 2015, BAV agrees to provide the City collateral interest in real property equal to $2 million, or the cash equivalent. The proposed development meets minimum eligibility requirements of the Public/Private Partnership Program as adopted by the City Council on June 23, 2010. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On December 6, 2010, a memo was submitted to the Economic Development Committee regarding the proposed Chapter 380 economic development grant agreement with Bishop Arts Village, LLC. FISCAL INFORMATION $2,000,000 – 2006 Bond Funds OWNER DEVELOPER Bishop Arts Village, LLC Bishop Arts Village, LLC Farrokh Nazerian Farrokh Nazerian MAP Attached. Agenda Date 12/08/2010 - page 2 C T H H T TH C AP OR R T W U FLANDERS O ORTH LAS F W P FT W AL CT T LLAS D AD R E DA VI FO L DU CL D OREGON A EA I LE V VD I Y N T BL TO N S L N N N L IO VISTA I R O N O R LL R S H I PA T L H E O S L S B L Y R N O E U ER O S NI Y N A E F O EAL O S NDL D N S U T R D HA IA H J N HILL K E GREE E N ER EV R JEF I TU K NB C L S EE AK C R KNOTT A G O E TILDEN S C Y N D A L A S Y O N A VA HAD 1ST BRAZOS M M S O T DE E N S A W LE W R L Y ALLISON E E E EA NBOW O ADDISON A B AI N T R L L E R I I Y D U C P DG E G S R A E P R L N E H E Y B K E ADO R N OR E COL U B I C F M R L AL I E E U C E K T K B T E L L SS E LE C WICKFORD A R D R COMAL R LA R COMAL KE O D L SALMON CA DODD N S A AY F O O L SABINE K NECHES F T MASSON THO B T LI N I E N C L N A C 5TH N V R ER I L 5TH E 5TH D Y W T YL R 6TH G S S T 6TH N GREEN O N N S P I H F R CA D T W O R SO EVERTS W W 7TH 7TH R N H A FF 7T A H E I E A A DI L A E S S L V T I R L A D ANTY SBE LE C E DA C N S B C G L M O N E I E K E N O IN I D 8TH N A WINSTO WINSTON K G S W H F S A N L NEELY RCH F CHU I A AKER NEELY L FOUR 9TH CL DAVIS H D NOA EN 7TH N VE 10TH O 8TH TH P T BETTERTON 9 ATT R S N O N O MELBA ON T S E I S 11TH 11TH C DI UR R ND S FF 9TH A ST I B AW A D L M L O NG N I A N N C N K R F E A M L O O EY L L V R 10TH E R T NG A O MS P E L RNO D P A N P A L F E Z C U D T Y SUNSE HO V A T A S S I N TH O VIOLA TE JEFFERSON B 12 NT R 13 HO R T CENTRE T H WILLOMET L R G FOSTER E L 12TH N T A Y A Z L PAGE D E E PAGE H N CLAUD R 35E T Y 5 ¦¨§ ND S 1 LA RRELL N MO T A KLYN R BROOKLYN BROOKLYN BROO RE T O S A O I RL Y N M N D L H PEMB T O ROK E L E R A A S O D E B N N E R H S G O T R E Y 7 V SA 1 D D V R STRICKLAN L ELAWA R RE W A H UM A L YARMOUT I H F C L E M BUCKALEW DELAWARE F CK I GALLOWAY S S P I W T SUFFOLK O M E O H BROOKS R L WACO H WACO L DA S JERDEN I A 18TH 18TH B FORESTER A LARENDON N C A A E N OLT E K N D R IG S MA ZO I O O NOLTE H H A WINTERS R R K N O S L IC U E L V A H S H A O E W K E T M O E L R R MCDOWELL N R O A P H T N NO S R R M H O ON E T HI E SSE U GENOA N APPIAN F L N O S W ALE Y MAYRANT ELMD T Garden District Area of North Oak Cliff City of Dallas General area Office of Economic Development http://www.Dallas-EcoDev.org Created November 2010 COUNCIL CHAMBER December 8, 2010 WHEREAS, the City recognizes the importance of its role in local economic development; and WHEREAS, the City, pursuant to Resolution No. 10-1721 approved by the City Council on June 23, 2010: (1) adopted revised Public/Private Partnership Program - Guidelines and Criteria, which established certain guidelines and criteria for the use of City incentive programs for private development projects; and (2) established programs for making loans and grants of public money to promote local economic development and to stimulate business and commercial activity in the City of Dallas pursuant to the Economic Development Programs provisions under Chapter 380 of the Texas Local Government Code, (the “Act”); and WHEREAS, on June 23, 2010, the City Council elected to continue its participation in economic development grants pursuant to Chapter 380 of the Texas Local Government Code by Resolution No. 10-1721, as amended; and WHEREAS, on November 7, 2006, Dallas voters approved $41,495,000 in bond funding to promote economic development activities which include the construction of certain public improvements including, but not limited to, street improvements, utility and other infrastructure improvements in Southern Dallas; and WHEREAS, the City desires to enter into a Chapter 380 economic development grant agreement with Bishop Arts Village, LLC related to the acquisition of real estate and development of certain property within the City of Dallas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager, upon approval as to form by the City Attorney is hereby authorized to execute an economic development grant agreement pursuant to Chapter 380 of the Texas Local Government Code in accordance with the City's Public/Private Partnership Program - Business Development Grant Program with Bishop Arts Village, LLC, related to the acquisition of real estate and development of certain property within the City of Dallas. Section 2. That the City Controller is hereby authorized to encumber and disburse funds from: Fund 9T52, Department ECO, Unit T808, Object 3016, Activity INFS, Encumbrance No. ECOT808B103, Vendor No. VS0000059741, in an amount not to exceed $2,000,000. Section 3. That if Bishop Arts Village, LLC does not implement the project beyond Phase I by December 31, 2015, Bishop Arts Village, LLC agrees to provide the City collateral interest in real property equal to $2 million, or the cash equivalent. COUNCIL CHAMBER December 8, 2010 Section 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. Distribution: Office of Economic Development - Tenna Kirk, 5CS Office of Economic Development – J. Hammond Perot, 5CS Office of Economic Development – Karl Stundins, 2CN Office of Economic Development - Sajid Safdar, 2CN City Attorney's Office - Barbara Martinez AGENDA ITEM # 58 KEY FOCUS AREA: A Cleaner, Healthier City Environment AGENDA DATE: December 8, 2010 COUNCIL DISTRICT(S): 3, 4 DEPARTMENT: Housing/Community Services CMO: A. C. Gonzalez, 671-8925 MAPSCO: 43F 55K 55T ______ SUBJECT Authorize the reconstruction on-site of three homes in accordance with the Reconstruction/SHARE Program Statement requirements for properties located at 4107 Furey Street in the amount of $93,400; 1551 East Ohio Avenue in the amount of $93,400 and 1215 Woodview Lane in the amount of $93,400 - Total not to exceed $280,200 - Financing: 2009-10 Community Development Block Grant Reprogramming Funds BACKGROUND The homeowners herein described and their properties are eligible for a Reconstruction/SHARE Program loan. The homeowners are below 80% AMFI and their names, ages and property addresses are as follows: Tyrone Andrews and Jeanette Andrews, an elderly couple, 70 & 69 years old, residing at 4107 Furey Street; Charles O. C. Miller and Glen R. Thompson, an elderly Uncle & Nephew, 70 & 78 years old, residing at 1551 E. Ohio Avenue; and Gloria Higgins, an elderly female, 64 years old, residing at 1215 Woodview Lane. On November 12, 2007, City Council approved an amendment to the Program Statement for the Home Repair Program which authorized loans for reconstruction of homes on-site to low-income homeowners in Dallas earning less than 50% Citywide, and 80% in NIP areas of Area Median Family Income (AMFI). On October 8, 2008, City Council approved an amendment to the Program Statement for the Home Repair Program which authorized loans for reconstruction of homes on-site to low-income homeowners in Dallas earning less than 80% of Area Median Family Income (AMFI), and are older than 62 years of age or disabled, and to provide assistance with one (1) tax and insurance payment. On December 9, 2009, City Council approved an amendment to the Program Statement for the Reconstruction/SHARE program to provide to homeowners a maximum of $93,400 for a new home on-site of approximately 1,200 sq ft. BACKGROUND (continued) On September 22, 2010, City Council authorized modifications to the Program Statement for the Reconstruction/SHARE Program to include reconstruction of homes with a failure of 3 systems and a foundation, and/or life, safety and health concerns. Allow payoff of liens up to the dollar amount of the amenities package of $5,900.00; this reduces the dollar amount available for reconstruction to no less than $87,500 annually, a 10% set-aside of funds will be used to assist persons younger than 62 years old, or without a disability, and still meeting all other criteria City Council authorization is required prior to proceeding with reconstruction on-site when all of the following conditions exist: (a) repairs necessary to meet the City’s locally adopted Housing Rehabilitation Standards or Federal Housing Quality Standards and all applicable codes cannot be accomplished within the program funding limits; (b) the conditions of the home create an imminent danger to the life, health and/or safety of the residents, and/or the neighborhood; and (c) repairs are not feasible to extend the life of the repaired structure beyond 15 years. This action provides authority to proceed with reconstruction of the three (3) single-family homes on-site, in compliance with the conditions listed above. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On November 12, 2007, City Council approved the Program Statement authorizing the Housing Department to implement the Reconstruction/SHARE Program Statement for reconstruction on-site pursuant to certain conditions for assistance up to $87,500 by Resolution No. 07-3307. On April 23, 2008, City Council authorized an amendment to the Reconstruction/SHARE Program Statement to add an amenities package up to $5,900 by Resolution No. 08-1266. On October 8, 2008, City Council authorized an amendment to the Reconstruction/SHARE Program Statement to assist low-income homeowners in Dallas earning less than 80% of Area Median Family Income (AMFI), and are older than 62 years of age or disabled, and to provide assistance with one (1) tax and insurance payment by Resolution No. 08-2768. On December 9, 2009, City Council authorized an amendment to the Reconstruction/SHARE Program Statement to increase the maximum Reconstruction Program Assistance Type One loan amount from $87,500 to $93,400 by Resolution No. 09-2951. Agenda Date 12/08/2010 - page 2 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (continued) On September 22, 2010, City Council authorized modifications to the Program Statement for the Reconstruction/SHARE Program by Resolution No. 10-2465. FISCAL INFORMATION 2009-10 Community Development Block Grant Reprogramming Funds- $280,200 Council District 3 - $93,400 Council District 4 - $186,800 MAP(S) Attached Agenda Date 12/08/2010 - page 3 IRVING BLVD ~ IU .· L J y~ 6~ /f' ~ 43 ! ~ I J~ EASY I f ' -r- .... 30 I I : i II I ~ ! fH i ::.: i 1 I' I i 'AI ' X I X i 21 ~ ~ I ui s 0 1 c..J! I' I=! ! ! I I i ~ ! I ~.LMK&O LD J 41 39 43A a.::a ~~ I i 52 ' '!i U0 b Ii TrIm' 'fy Rlrer' iI -.------.-.------.------i------~ ----1------j---- : IVI I ' i ~ ! i I f ~ ! 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[MAPSCO 55T) COUNCIL CHAMBER December 8, 2010 WHEREAS, on November 12, 2007, City Council approved the Program Statement authorizing the Housing Department to implement the Reconstruction/SHARE Program Statement for reconstruction on-site pursuant to certain conditions and for assistance up to $87,500 by Resolution No. 07-3307; and WHEREAS, on April 23, 2008, City Council authorized an amendment to the Reconstruction/SHARE Program Statement which added an amenities package up to $5,900 by Resolution No. 08-1266; and WHEREAS, on October 8, 2008, City Council authorized an amendment to the Reconstruction/SHARE Program Statement to assist low-income homeowners at 80% of AMFI, and older than 62 years old or disabled, and to provide assistance with one (1) tax and insurance payment; and WHEREAS, on December 9, 2009, City Council authorized an amendment to the Reconstruction/SHARE Program Statement to increase the maximum Reconstruction Program Assistance Type One loan amount from $87,500 to $93,400 by Resolution No. 09-2951; and WHEREAS, on September 22, 2010, City Council authorized modifications to the Program Statement for the Reconstruction/SHARE Program by Resolution No. 10-2465; and WHEREAS, the homeowners herein described made applications to the Home Repair Program: Tyrone Andrews & Jeanette Andrews at 4107 Furey Street; Charles O. C. Miller & Glen R. Thompson at 1551 E. Ohio Avenue; and Gloria Higgins at 1215 Woodview Lane ;and WHEREAS, all three conditions outlined in the Reconstruction/SHARE Program Statement for reconstruction of homes on-site were met for the property owners: Tyrone Andrews & Jeanette Andrews; Charles O. C. Miller & Glen R. Thompson; and Gloria Higgins; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the applications and properties from the homeowners described herein for reconstruction loans be approved under the Reconstruction/SHARE Program: Tyrone Andrews & Jeanette Andrews at 4107 Furey Street; Charles O. C. Miller & Glen R. Thompson at 1551 E. Ohio Avenue; and Gloria Higgins at 1215 Woodview Lane. The loans are in the amount shown in Section 3 hereof. COUNCIL CHAMBER December 8, 2010 SECTION 2. That the City Manager, upon approval as to form by the City Attorney, is authorized to execute the following loan documents: Tyrone Andrews & Jeanette Andrews for reconstruction on-site at 4107 Furey Street; Charles O. C. Miller & Glen R. Thompson for reconstruction on-site at 1551 E. Ohio Avenue and Gloria Higgins for reconstruction on-site at 1215 Woodview Lane. SECTION 3. That the City Controller is authorized to make payments for reconstruction of the home in accordance with the following funding information: Fund 09R1 Dept HOU, Unit 653B, Obj 3099 CT HOU653BB495 - $93,400 Vendor # VS0000040190 – Altura Homes DFW, LP – 4107 Furey Street Fund 09R1 Dept HOU, Unit 653B, Obj 3099 CT HOU653BB497 - $93,400 Vendor # 339393 – Bethel Construction – 1551 E. Ohio Avenue Fund 09R1 Dept HOU, Unit 653B, Obj 3099 CT HOU653BB496 - $93,400 Vendor # VS0000030119 – Myers Custom Builders – 1215 Woodview Lane SECTION 4. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas and it is accordingly so resolved. DISTRIBUTION: Housing/Community Services Department City Attorney’s Office Office of Financial Services/Community Development, 4FS AGENDA ITEM # 59 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: December 8, 2010 COUNCIL DISTRICT(S): 12 DEPARTMENT: Sustainable Development and Construction CMO: A. C. Gonzalez, 671-8925 MAPSCO: 6 Q SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an LI Light Industrial District and a resolution accepting deed restrictions volunteered by the applicant on property zoned an NO(A) Neighborhood Office District located on the northwest corner of Waterview Parkway and Cullum Street Recommendation of Staff and CPC: Approval, subject to deed restrictions volunteered by the applicant Z090-248(MG) HONORABLE MAYOR AND COUNCIL WEDNESDAY, DECEMBER 8, 2010 ACM: A.C. Gonzalez FILE NUMBER: Z090-248(MG) DATE FILED: August 20, 2010 LOCATION: Waterview Parkway and Cullum Street, northwest corner COUNCIL DISTRICT: 12 MAPSCO: 6 Q SIZE OF REQUEST: Approx. 4.2848 acres CENSUS TRACT: 192.05 APPLICANT / OWNER: Eclipse Electronic Systems, Inc. REPRESENTATIVE: Jackson Walker, L.L.P./Bill Dahlstrom OWNER: FG Synergy Park, Inc. REQUEST: An application for an LI Light Industrial District with deed restrictions volunteered by the applicant on property zoned an NO(A) Neighborhood Office District SUMMARY: The purpose of the proposed zoning change with associated deed restrictions is to allow for the operation of an electronics assembly business. CPC RECOMMENDATION: Approval, subject to deed restrictions volunteered by the applicant. STAFF RECOMMENDATION: Approval, subject to deed restrictions volunteered by the applicant. 1 Z090-248 (MG) BACKGROUND INFORMATION: • The 4.2848 acre request site is currently developed with a two-story 47,086 sq. ft. office/commercial building and 143 parking spaces. • The proposed rezoning will permit the relocation of an electronics assembly business and associated office to the subject site. • The surrounding land uses are varied and include office to the north, multi-family to the east and vacant land to the west. Utility use and additional vacant land is located to the south. • The applicant has proposed several deed restrictions to prevent more intensive and inappropriate uses that would otherwise be allowed in a LI Light Industrial District. Zoning History: There have been no recent zoning changes requested within the immediate vicinity. Thoroughfares/Streets: Thoroughfare/Street Type Existing Proposed ROW ROW Waterview Parkway Thoroughfare 120 ft. 120 ft. Cullum Street Local 40 ft. 40 ft. Land Use: Zoning Land Use Site NO(A) Commercial North NO(A) Commercial South City of Richardson Utility/vacant East City of Richardson Multi-family West R-7.5(A) Vacant COMPREHENSIVE PLAN: The fowardDallas! Comprehensive Plan was adopted by the City Council in June 2006. The fowardDallas! Comprehensive Plan outlines several goals and policies which can serve as a framework for assisting in evaluating the applicant’s request. The Plan identifies the request site as being in the Commercial Corridor. These areas primarily function as service and job destinations and are similar to Business Centers or Corridors, but are smaller and incorporate less density. These 2 Z090-248 (MG) corridors, commonly at the intersection of major streets, are easily accessed via automobiles. Buckner Boulevard is an example of a Commercial Corridor. Buildings in these areas tend to be on separate parcels and stand one to five stories with offices, restaurants and a range of retail and commercial uses. In addition to jobs and services, Commercial Centers or Corridors also may include multifamily housing in low- to mid- rise apartment buildings or condominiums. Landscaping and urban design will enhance the visitor’s experience and is used to separate sidewalks from major roads and define pedestrian routes in large parking lots. For large shopping centers, this may involve adding public plazas or other “town center” features. Public transit enhancements as well as quality access and visibility are important components of successful auto- oriented development. LAND USE GOAL 1.2 PROMOTE DESIRED DEVELOPMENT Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. STAFF ANALYSIS: Land Use Compatibility: The 4.2848 acre site is developed with an existing two story office/commercial building containing 47,086 square feet and 143 parking spaces. No additional construction or expansion of the existing building is proposed. The proposed rezoning will permit the relocation of an electronics assembly business and associated office to the subject site. The adjacent land to the west, zoned R-7.5(A) single family residential, is owned by Texas A&M University and is primarily vacant. Land to the south and east is located within the City of Richardson and is developed with utility building and open space. To the east is a multi-family development owned by the University of Texas at Dallas. Adjacent property to the north is zoned NO(A) Neighborhood Office and is developed with commercial and office buildings. Although the proposed LI Light Industrial zoning designation allows more intensive uses for this location, the applicant’s proposed deed restrictions prevents uses that could have detrimental impacts to the surrounding area. Staff has reviewed and supports the applicant’s request and proposed deed restrictions. Staff believes that the proposed zone change will not adversely affect the safety of the surrounding area. 3 Z090-248 (MG) Development Standards: Lot Special DISTRICT SETBACKS Density Height PRIMARY Uses Front Side/Rear Coverage Standards NO(A) - Existing 15’ 0’ NA 30’ 50% NA Commercial Commercial LI– Proposed 15’ 0’ NA 70’ 80% NA Commercial Commercial Parking: The off-street parking requirement for electronics assembly use, pursuant to the Dallas Development Code, is one space for every 600 square feet of floor area. The requirement for office use is one space for every 333 square feet. The existing 47,086 square feet building will have 30,500 square feet of office related uses and 16,500 square feet of space used for electronics assembly. This results in a requirement of 79 parking spaces. A total of 143 spaces are provided by this existing site. The proposed electronic assembly and office use must meet the parking requirements in accordance to Section 51A-4.200 of the Dallas Development Code for any future expansion. Landscaping: Any new landscaping must meet Article X requirements. Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed this request and finds no outstanding issues. CPC Action: November 4, 2010 Motion: It was moved to recommend approval of a LI Light Industrial District, subject to deed restrictions volunteered by the applicant with the addition of the following uses as prohibited for Gas drilling and production; animal shelter or clinic with outside runs; and Bar, lounge or tavern on property zoned an NO(A) Neighborhood Office District on the northwest corner of Waterview Parkway and Cullum Street. Maker: Wolfish Second: Rodgers Result: Carried: 14 to 0 For: 14 - R. Davis, Wally, Anglin, M. Davis, Rodgers, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Wolfish, Schwartz, Peterson, Alcantar Against: 0 Absent: 0 4 Z090-248 (MG) Vacancy: 1 - District 6 Notices: Area: 300 Mailed: 7 Replies: For: 0 Against: 0 Speakers: For: Bill Dahlstrom, 901 Main St., Dallas, TX, 75202 Against: None 5 Z090-248 (MG) LIST OF OFFICERS AND DIRECTORS ECLIPSE ELECTRONIC SYSTEMS, INC. Name Office Held Jeffrey Sanders President/Treasurer/Director Kathy Sanders Vice President/Secretary/Director 6 Z090-248 (MG) PROPOSED DEED RESTRICTIONS Page 1 7 Z090-248 (MG) PROPOSED DEED RESTRICTIONS Page 2 8 Z090-248 (MG) PROPOSED DEED RESTRICTIONS Page 3 9 Z090-248 (MG) PROPOSED DEED RESTRICTIONS Page 4 10 Z090-248 (MG) PROPOSED DEED RESTRICTIONS Page 5 11 Z090-248 (MG) 12 Z090-248 (MG) Office Vacant Multi-family Vacant Utility 13 Z090-248 (MG) CPC RESPONSES 14 Z090-248 (MG) Page 1 of 1 9/9/2010 Notification List of Property Owners Z090-248 7 Property Owners Notified Label # Address Owner 1 17111 WATERVIEW F G SYNERGY PARK INC ATTN CLAY BARTUS 2 17100 COIT TEXAS A & M UNIVERSITY 3 17201 WATERVIEW ISTAR CTL WATERVIEW ISTAR FINANCIAL INC 4 2201 WATERVIEW LENNOX COMMERCIAL REALTY INC 5 2140 LAKE PARK BTMU CAPITAL CORPORATION 6 2400 WATERVIEW PKWY UNIVERSITY OF TEXAS % REAL ESTATE OFFICE 7 2200 WATERVIEW PKWY WATERVIEW PARK LTD ATTN MARK R EAG Thursday, September 09, 2010 15 AGENDA ITEM # 60 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: December 8, 2010 COUNCIL DISTRICT(S): 6 DEPARTMENT: Sustainable Development and Construction CMO: A. C. Gonzalez, 671-8925 MAPSCO: 22 K SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 1419 for an Industrial (outside) use for an asphalt batching plant on property zoned an IM Industrial Manufacturing District, at the terminus of Z Street, east of Luna Road Recommendation of Staff and CPC: Approval for a ten-year period with eligibility for automatic renewals of additional ten-year periods, subject to a site plan and conditions Z090-232(OTH) HONORABLE MAYOR & CITY COUNCIL WEDNESDAY, DECEMBER 8, 2010 ACM: A.C. GONZALEZ FILE NUMBER: Z090-232 (OTH) DATE FILED: July 16, 2010 LOCATION: At the terminus of Z Street, east of Luna Road. COUNCIL DISTRICT: 6 MAPSCO: 22K SIZE OF REQUEST: Approx. 15.13 acres CENSUS TRACT: 99.00 REPRESENTATIVE: Kate Scott APPLICANT: Meridian Aggregates Company OWNER: Jackson Myers Stewart, LLC REQUEST: An application to renew SUP No. 1419 for Industrial (outside) for an asphalt batching plant, on property zoned an IM Industrial Manufacturing District. SUMMARY: The applicant proposes to continue the use of the property for an asphalt batching plant. CPC RECOMMENDATION: Approval for a period of ten years with eligibility for automatic renewals of additional ten-year periods. STAFF RECOMMENDATION: Approval for a period of ten years with eligibility for automatic renewals of additional ten-year periods. 1 Z090-232(OTH) BACKGROUND INFORMATION: • The request site is being utilized for an asphalt batching plant. The applicant is requesting the renewal of Specific Use Permit No. 1419 for an asphalt batching plant. Specific Use Permit No. 1419 was approved by City Council on September 13, 2000 for a period of ten-years with eligibility for automatic renewals of additional ten years. • The applicant failed to submit the application for automatic renewal within the required period to obtain automatic renewal. Therefore, the application must be considered by City Plan Commission and City Council to renew. The conditions and site plan for the SUP will remain unchanged. • The property is surrounded by vacant land to the east, south and west, and by an asphalt batching plant to the northeast and a Sand, Gravel, & Earth Sales & Storage to the north. Zoning History: There has been one recent zoning change requested in the surrounding area: 1. Z067-250 On September 27, 2007, the City Council denied a zoning request for a Specific Use Permit for an Industrial (outside) potentially incompatible use for a Concrete crushing plant on property zoned an IM Industrial Manufacturing District, on the east line of Luna Road, South of Y Street. Thoroughfares/Streets: Thoroughfares/Street Type Existing ROW Local Luna Road 60 feet Z Street Local 60 feet 2 Z090-232(OTH) Land Use: Zoning Land Use Site IR Undeveloped IM & IR Sand, Gravel, &Earth Sales & Storage, and North Concrete batching plant West IM & IR Vacant East IM Vacant South IM Vacant Comprehensive Plan: The requested zoning change and proposed use is compatible with the intent of the Comprehensive Plan. forwardDallas’s Vision Illustration presents the area as an Industrial area. The below mentioned goals and policies for the Land Use support the request. Land Use Element Industrial Areas, which offer important employment opportunities, occupy large areas of land and usually are near major roads and heavy rail lines. Evolving technology and the need for freight movement through Dallas to the rest of the country and internationally means this sector can offer good opportunities for jobs. Logistics and warehousing, a growing industry with strong potential for upward mobility of skilled workers, would thrive in such areas. Examples include Southport and the Agile Port, parts of West Dallas along I-30, and the Stemmons industrial area. These areas include a mix of low- and medium-density industrial buildings and industrial yards and have large surface parking for cars and trucks. Industrial Areas rely on quality road access and may be linked to rail for freight purposes. Street lanes are wide and intersections are large. Transit, sidewalks and other pedestrian improvements are limited. Goal 1.1 Promote Desired Development. Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. 3 Z090-232(OTH) STAFF ANALYSIS: Land Use Compatibility: The property is surrounded by Industrial Manufacturing District and Industrial Research District. There are some similar uses in the vicinity of the property and the requested use is compatible with the existing surrounding land uses. The property is surrounded by vacant land to the east, south and west, and by an asphalt batching plant to the northeast and a Sand, Gravel, & Earth Sales & Storage to the north. The applicant failed to submit the application for automatic renewal within the required period to obtain automatic renewal. Therefore, the application must be considered by City Plan Commission and City Council to renew. The conditions and site plan for the SUP will remain unchanged. The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be compatible with the adjacent property and consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. Landscaping: Landscaping requirements must meet Article X of the Dallas Development Code. Traffic: The Engineering Section of the Building Inspection Division of the Sustainable Development and Construction Department has reviewed the requested zoning change to IM Industrial Manufacturing District and determined the proposal will not have a significant impact on the street system. CPC Action: 4 Z090-232(OTH) October 21, 2010 Motion: It was moved to recommend approval for the renewal of Specific Use Permit No. 1419 for an Industrial (outside) use for an asphalt batching plant for a ten-year period with eligibility for automatic renewals for additional ten-year periods on property zoned an IM Industrial Manufacturing District, at the terminus of Z Street, east of Luna Road. Maker: Rodgers Second: Wally Result: Carried: 13 to 0 For: 13 - R. Davis, Wally, Anglin, M. Davis, Rodgers, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Wolfish, Schwartz, Peterson Against: 0 Absent: 1 - Alcantar Vacancy: 1 - District 6 Notices: Area: 400 Mailed: 18 Replies: For: 1 Against: 0 Speakers: None 5 Z090-232(OTH) List of Officers/Partners Jackson Myers Stewart, LLC Registered Agent Pamela Spavar Governing Persons/Managers Charles Myers Carol Stewart 6 Z090-232(OTH) EXISTING CONDITIONS 7 Z090-232(OTH) 8 Z090-232(OTH) EXISTING SITE PLAN 9 Z090-232(OTH) 10 Z090-232(OTH) Sand, gravel, & earth sales & Concrete Batching plant Vacant Vacant Vacant 11 Z090-232(OTH) 1 12 Z090-232(OTH) CPC RESPONSES 13 Z090-232(OTH) Page 1 of 1 9/13/2010 Notification List of Property Owners Z090-232 18 Property Owners Notified Label # Address Owner 1 11080 LUNA JACKSON ALMA S ETAL % BANK OF AMERICA N A 2 10910 LUNA TEXAS UTILITIES ELEC CO % STATE & LOCAL TAX DEPT 3 11131 LUNA JACKSON ALMA S ET AL % NATIONSBANK OF TEXAS NA 4 11104 LUNA TERRY CHARLES F %CYNTHIA T.ALDREDGE EXEC. 5 11106 LUNA TERRY CHARLES F %CYNTHIA T.ALDREDGE EXEC 6 11110 LUNA TERRY CHARLES F % CYNTHIA T ALDREDGE EXEC 7 11114 LUNA TERRY CHARLES F %CYNTHIA T.ALDREDGE EXECU 8 11130 LUNA TERRY CHARLES F % CYNTHIA ALDREDGE EXEC 9 11115 FRED LYDE JAMES P 10 11111 FRED CLEM H N 11 11107 FRED CLEM HOWARD % LINDA TILLERY 12 11107 FRED CLEM HOWARD 13 11103 FRED TERRY CHARLES F CYNTHIA T ALDREDGE EXCU. 14 11101 FRED TERRY CHARLES F CYNTHIA T ALDREDGE,EXECU O 15 11101 NEWKIRK ST BROWN SOUTHWELL PPTIES INC 16 1760 Z MERIDIAN AGGREGATES CO SUITE 229 17 1798 Z EUBANK AGNES L TRUST NO 1 THE 18 1798 Z EUBANK AGNES L TRUST 1 Monday, September 13, 2010 14 AGENDA ITEM # 61 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: December 8, 2010 COUNCIL DISTRICT(S): 13 DEPARTMENT: Sustainable Development and Construction CMO: A. C. Gonzalez, 671-8925 MAPSCO: 25 W X SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an amendment to the Tract V portion of Planned Development District No. 314, the Preston Center Special Purpose Center, and an ordinance granting an amendment to the site plan for Specific Use Permit No. 744 for a bank with a drive-in window on the north line of Weldon Howell Parkway between Douglas Avenue and Westchester Drive Recommendation of Staff: Approval of an amendment to the Tract V portion of Planned Development District No. 314, subject to a revised development plan and staff conditions and approval of an alternate site plan to Specific Use Permit No. 744, subject to a site plan B Recommendation of CPC: Approval of an amendment to the Tract V portion of Planned Development District No. 314, subject to a revised development plan and conditions and approval of an alternate site plan to Specific Use Permit No. 744, subject to a site plan B Z090-225(WE) HONORABLE MAYOR AND CITY COUNCIL WEDNESDAY, DECEMBER 8, 2010 ACM: A. C. Gonzalez FILE NUMBER: Z090-225(WE) DATE FILED: June 30, 2010 LOCATION: North line of Weldon Howell Parkway between Douglas Avenue and Westchester Drive COUNCIL DISTRICT: 13 MAPSCO: 25-X & W SIZE OF REQUEST: Approx. 2.367 acres CENSUS TRACT: 73.01 APPLICANT /OWNER: Dallas Preston Center II Associates Limited Partnership c/o Hines Interests Limited Partnership REPRESENTATIVE: Suzan Kedron, Susan Mead Jackson Walker, LLP REQUEST: An application for an amendment to Tract V portion of Planned Development District No. 314, the Preston Center Special Purpose Center, and an amendment to the site plan for Specific Use Permit No. 744 for a bank with a drive-in window. SUMMARY: The requested amendment to the Tract V portion of Planned Development District No. 314 is to change the primary use from multifamily to office uses by increasing the permitted floor area ratio for non-residential uses from 0.2 to 2.45 and the amendment to Specific Use Permit No. 744 will provide for an alternate site plan in conjunction with the proposed office development. CPC RECOMMENDATION: Approval of an amendment to Tract V portion of PDD No. 314, subject to a revised development plan and conditions and approval of an alternate site plan to SUP No. 744, subject to site plan B STAFF RECOMMENDATION: Approval of an amendment to Tract V portion of PDD No. 314, subject to a revised development plan and staff’s recommended conditions and approval of an alternate site plan to SUP No. 744, subject to site plan B 1 Z090-225(WE) BACKGROUND INFORMATION: • The applicant’s request for an amendment to Tract V portion of Planned Development District No. 314 is fourfold: 1) to retain the development rights of 115 multifamily units, 2) permit an increase in the floor area ratio for non-residential uses, those uses permitted in the Neighborhood Office (NO(A) District, from 0.2 to 2.45, 3) permit a maximum of 250,000 square feet of floor area for the proposed development and 4) provide an alternate site plan for the Specific Use Permit for the existing bank (Site Plan B). • The request site is developed with a 14-lane motor bank facility within the eastern portion of the site and a surface parking lot within the western portion of the property. • The land uses surrounding the request site are developed with retail, office, townhomes and institutional uses. Zoning History: There have been three recent zoning changes requested in the area. 1. Z056-286 On April 11, 2007, the City Council approved an amendment to the Tract IV-A portion of Planned Development District No. 314, the Preston Center Special Purpose District, on property located at the southwest corner of Preston Road and Weldon Howell Parkway 2. Z056-319 On June 20, 2007, the City Council approved an amendment to the Tract V portion of Planned Development District No. 314, the Preston Center Special Purpose District, and an amendment to the site plan and conditions for Specific Use Permit No. 744 for a Bank with drive-in windows at the southwest corner of Preston Road and Weldon Howell Parkway. 3. Z090-135 On Wednesday, April 28, 2010, the City Council approved an amendment to, and an expansion of, Planned Development District No. 314, the Preston Center Special Purpose District on property zoned an MF-1(A) Multifamily District at the southwest corner of Preston Road and Weldon Howell Parkway 2 Z090-225 (WE) Thoroughfares/Streets: Thoroughfare/Street Type Existing Proposed ROW ROW Weldon Howell Local 50 ft. 50 ft. Parkway Douglas Avenue Collector 100 ft. 100 ft. Westchester Drive Local 56 ft. 56 ft. Land Use: Zoning Land Use Site PDD No. 314, Tract V Bank, surface parking North PDD No. 314, Tract VI Retail South PDD No. 314, Tract VII Athletic field East PDD No. 314, Tract IV Retail, Office West MF-1(A) Surface parking COMPREHENSIVE PLAN: The fowardDallas! Comprehensive Plan was adopted by the City Council in June 2006. The fowardDallas! Comprehensive Plan outlines several goals and policies which can serve as a framework for assisting in evaluating the applicant’s request. The Plan identifies the request site being within a Business Center or Corridors. This Building Block represents major employment or shopping destinations outside of Downtown. Examples include the Galleria area, the North Park Center area, Southwest Center Mall area at I-20 and US Hwy 67 and the Stemmons Corridor. Business Centers are usually at major intersections or along Highways or major arterials and rely heavily on car access. These areas typically include high-rise office towers and low- to mid-rise residential buildings for condos or apartments and may include multifamily housing. Land uses are typically separated from one another by parking lots, freeways or arterial roads. Streets in these areas emphasize efficient movement of vehicles. Bold lighting and linear landscaping features such as esplanades and tree-lined boulevards can all work to distinguish and identify these areas. Public spaces may be at key entry points and central locations. Gateway landscaping, monuments and other devices will provide visibility from the freeway and guide visitors to destinations. Public transit may play a role in these areas and help create some pockets of transit oriented development. Business Centers and Corridors provide important concentrations of employment within Dallas that compete with suburban areas. 3 Z090-225 (WE) LAND USE GOAL 1.2 PROMOTE DESIRED DEVELOPMENT Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. HOUSING GOAL 3.1 Ensure a sustainable and efficient long-range housing supply Policy 3.1.2 Encourage alternatives to single family housing developments for homeownership Area Plans: Preston Center Special Study: The Dallas City Council approved the Preston Center Special Study in 1989 which envisioned Tract V as a transition to residential areas south of Preston Center. The applicant’s proposal to retain the multifamily component within the development is not in compliance with the overall character of the surrounding area nor does it comply with the intent of the Preston Center Special Study area. STAFF ANALYSIS: Land Use Compatibility: The 2.367 acre site is developed with a 14-lane motor bank facility within the eastern portion of the site and a surface parking lot within the western portion of the property. In 2007, the City Council approved an amendment to Tract V of PDD No. 314, to permit the construction of a high density residential development limited to 115 units. The amendment increased permitted height from 30 feet to 119 feet to accommodate two residential towers and the existing motor bank facility being relocated to the western portion of the site and integrated into the western residential tower. That request also exempted multifamily development from the 0.5 Floor Area Ratio (FAR) limitations while subjecting non-residential uses to a 0.2 FAR. The applicant is now requesting an amendment to Planned Development District No. 314 to increase the floor area for permitted office uses within the proposed development. The request is fourfold: 1) to retain the development rights of 115 multifamily units, 2) permit an increase in the floor area ratio for non-residential uses, those uses permitted in the Neighborhood Office (NO(A) district, from 0.2 to 2.45, 3) permit a maximum of 250,000 square feet of floor area for the proposed development and 4) provide an alternate site plan for the Specific Use Permit for the existing bank. Office uses within the proposed development are consistent with the overall vision of the Preston Center Special Study Area (1989) and the previous zoning on the property. While the applicant is proposing infrastructure improvements to alleviate traffic 4 Z090-225 (WE) congestion, staff is concerned with the impact of increasing the development rights of this site combined with the possibility of redevelopment elsewhere in Preston Center where developments of the density that are being proposed are more consistent with the adopted Preston Center Special Study Area recommendations. The overall combined development could have a significant impact on the roadway system in the area. The applicant is proposing a maximum floor area of 250,000 square feet of office space in conjunction with the 115 residential units but has limited FAR for all uses to 2.45. If the area dedicated as an easement for vehicular and pedestrian traffic, which provides easement for Westchester Drive and Weldon Howell Parkway, is subtracted, a more accurate reflection of the proposed FAR for the site would be closer to 2.70. The maximum FAR for Tract 4 immediately east of the site is 2.0, the FAR for Tract 6 north of the site is 0.75 and the FAR for the area between Douglas and Preston Road along Northwest Highway is also limited to 2.0. Only the portion of the Preston Center PD along the North Dallas Tollway has a greater FAR of 4.0. Staff is concerned that the applicant’s proposal is not consistent with the overall intent of PDD No. 314 and the Preston Center Special Study Area, which envisions Tract V as a transition to the residential areas south of Preston Center. Staff can support a maximum floor area of 150,000 square feet on the site which translates to an FAR of approximately 1.6 when excluding the easement area which serves as right-of-way for Weldon Howell and Westchester. With respect to the amendment to Specific Use Permit No. 744, the request complies with the intent of the Dallas Development Code. The applicant proposes to replace the existing Site Plan B with a new Site Plan B. The new site plan B identifies the buildable area of the proposed development and clearly defines the points of ingress and egress on Weldon Howell Parkway. In addition, the site plan will permit the continuation of the financial institution use with drive-in window use. The City Plan Commission recommended approval of the amendment to a portion of Tract V of PDD 314 and increased the overall buildable floor area by 50,000 square feet. The City Plan Commission recommended a maximum of 200,000 square feet of buildable floor area. As it relates to the Site Plan B, the City Plan Commission recommended that the previous site plan be replaced with a new site plan B. The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. 5 Z090-225 (WE) Development Standards: Lot Special DISTRICT SETBACKS Density Height PRIMARY Uses Front Side/Rear Coverage Standards 20’ adjacent Proximity PDD – Tract V to residential 0.2 FAR 119’ Slope Visual Existing 15’ OTHER: 10 stories 50% Office, Multifamily, Bank 115 DU Intrusion No Min. 20’ adjacent Proximity PDD – Tract V to residential Max 150,000 sq. 119’ Slope Visual Staff’s recommendation 15’ OTHER: 9 stories 60% Office, Multifamily, Bank ft./115 DU Intrusion No Min. 20’ adjacent 2.45 FAR Proximity PDD – Tract V to residential 119’ Slope Visual Applicant’s Proposal 15’ OTHER: 115 DU 9 stories 60% Office, Multifamily, Bank Intrusion No Min. Max 250,000 sq. ft. Landscaping: Landscaping of any development will be in accordance with Article X requirements, as amended. Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the request and has determined that a proposed development of 250,000 square feet of floor area will not result in an unacceptable level of service on the surrounding street system subject to specified improvements. However, staff remains concerned that any development that exceeds 150,000 square feet of floor area may have a negative impact on the surrounding street system when combined with future development and redevelopment in Preston Center in areas more appropriate for the proposed density. CPC Action (October 21, 2010) Motion I: It was moved to recommend approval of an amendment to Tract V portion of Planned Development District No. 314, the Preston Center Special Purpose Center, subject to a revised development plan and staff’s recommended conditions and approval of an alternate site plan to Specific Use Permit No. 744, for a bank with a drive-in window, subject to a site plan B on the north line of Weldon Howell Parkway between Douglas Avenue and Westchester Drive with the following changes to the conditions: 1) Increase the total floor area allowed from 150,000 to 200,000 feet. 2) Change FAR to 1.94. Maker: Schwartz Second: Anglin Result: Carried: 13 to 0 For: 13 - R. Davis, Wally, Anglin, M. Davis, Rodgers, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Wolfish, Schwartz, Peterson 6 Z090-225 (WE) Against: 0 Absent: 1 - Alcantar Vacancy: 1 - District 6 Notices: Area: 500 Mailed: 81 Replies: For: 16 Against: 6 Speakers: For: Susan Mead, 901 Main St., Dallas, TX, 75202 Andrew Bennett, 6104 Shady Cliff Dr., Dallas, TX, 75214 Anthony Nato, 5409 Amherst Cir., Dallas, TX, 75209 Scott Johnson, 12700 Park Central Dr., Dallas, TX, 75251 Sara Dodd, 5538 Ridgedale Ave., Dallas, TX, 75206 Against: None 7 Z090-225 (WE) LIST OF OFFICERS HINES INTEREST LIMITED PARTNERSHIP • Gerald Hines • Jeff Hines • Hasty Johnson • Mark Cover • Clayton Elliott • Charlie Baughn • Kay Forbes LIST OF OFFICERS JP MORGAN CHASE BANK (Successor In interest to Preston State Bank) • John Creech Vice President • George Ross Executive Vice president • Kim Bertin Senior Vice President • Martin J. Silverman Vice President 8 Z090-225 (WE) CPC PROPOSED PDD CONDITIONS Preston Center Special Purpose District SEC. 51P-314.101. LEGISLATIVE HISTORY. PD 314 was established by Ordinance No. 20397, passed by the Dallas City Council on July 26, 1989. Ordinance No. 20397 amended Ordinance Nos. 10962 and 19455, Chapters 51 and 51A of the Dallas City Code, as amended. Subsequently, Ordinance No. 20397 was amended by Ordinance No. 20619, passed by the Dallas City Council on May 9, 1990; Ordinance No. 22689, passed by the Dallas City Council on February 28, 1996; and Ordinance No. 23277, passed by the Dallas City Council on September 24, 1997. SEC. 51P-314.102. PROPERTY LOCATION AND SIZE. PD 314 is established on property generally bounded by Northwest Highway on the north, Preston Road on the east, Colgate Avenue, Westchester Drive, and Wendon Howell Parkway on the south, and Lomo Alto Drive (Dallas North Tollway) on the west. The size of PD 314 is approximately 65.13 acres. SEC. 51P-314.103. DEFINITIONS AND INTERPRETATIONS. (a) Unless the context clearly indicates otherwise, in this article: (1) BAR, LOUNGE, OR TAVERN USE means the "bar, lounge, or tavern" use defined in Section 51A-4.210. (2) DIR means development impact review pursuant to Division 51A-4.800. (3) FORMER PLANNED DEVELOPMENT DISTRICT NO. 6 means the planned development district established and governed by Ordinance No. 7059, passed by the Dallas City Council on September 10, 1956, as amended by Ordinance Nos. 14320 and 19221, passed by the Dallas City Council on November 5, 1973, and July 16, 1986, respectively. Copies of Ordinance Nos. 7059, 14320, and 19221 are included in this article as Exhibit 314A. (4) INTERIOR SIDEYARD means side yard that is not adjacent to a street. (5)[(4)] NEARBY INTERSECTIONS means those street intersections within a one- quarter (1/4) mile radius of the building site. (6)[(5)] NEW DEVELOPMENT means any work that increases the total floor area on a building site. 9 Z090-225 (WE) (7)[(6)] OFFICE USES means those uses defined in Section 51A-4.207. (8)[(7)] OWNER means the owner or owners, from time to time, of property in this district. (9)[(8)] PARAGRAPH means the first division of a subsection. Paragraphs are designated by arabic numerals in parentheses, e.g. "(1)." (10)[(9)] PRIVATE PROPERTY means any property not dedicated to public use, except that "private property" does not include the following: [(A) A private street or alley. (B) Property on which a utility and public service use listed in Section 51A-4.212 is being conducted as a main use. (C) A railroad right-of-way. (D) A cemetery or mausoleum. (11)[(10)] RAR means residential adjacency review pursuant to Division 51A-4.800. (12)[(11)] RESIDENTIAL PROXIMITY SLOPE means the "residential proximity slope" defined in Section 51A-4.412. (13)[(12)] RETAIL AND PERSONAL SERVICE USES means those uses defined in Section 51A-4.210. (14)[(13)] SECTION means a section of this article. (15)[(14)] SUBAREA A means Subarea A in Tract I, Subarea A in Tract II, or Subarea A in Tract IV. (16)[(15)] SUBPARAGRAPH means a division of a paragraph. Subparagraphs are designated by capital letters in parentheses, e.g. "(A)." A division of a subparagraph is also referred to as a subparagraph. (17)[(16)] SUBSECTION means the first division of a section. Subsections are designated by lower case letters in parentheses, e.g. "(a)." (18)[(17)] SUP means specific use permit. (19)[(18)] THIS DISTRICT means the entire planned development district created by Ordinance No. 20397, as amended. (20)[(19)] TRACT means one of the tracts referred to in Section 314.105 of this article. 10 Z090-225 (WE) (21)[(20)] UNACCEPTABLE LEVEL-OF-SERVICE means a level-of-service "E" or "F" as defined in the Highway Capacity Manual, Transportation Research Board of the National Research Council, Washington, D.C. (22)[(21)] USE CATEGORY means the group of uses defined in any one of the following sections: Sections 51A-4.201 through 51A-4.217. The name of the use category corresponds to the section title. For example, "Retail and Personal Service" is a use category consisting of those uses defined in Section 51A-4.210, which is entitled "Retail and Personal Service Uses." (b) Unless otherwise stated, the definitions contained in CHAPTER 51A apply to this article. In the event of a conflict, this section controls. (c) Unless otherwise stated, all references to code sections in this article refer to sections in CHAPTER 51A. (d) In Tract V, development and use of the Property must comply with the development plan (Exhibit 314D). If there is a conflict between the text of this article and the development plan, the text of this article controls. In the rest of the district, no development plan is required and the provisions of Section 51A-4.702 regarding submission of or amendments to a development plan, site analysis plan, conceptual plan, development schedule, and landscape plan do not apply. (e) The interpretations in CHAPTER 51A, including Section 51A-2.101, "Interpretations," apply to this article. (f) The phrase "the only uses permitted are those permitted in the ... district" means that the uses indicated are permitted in this district under precisely the same conditions (e.g. SUP, DIR, RAR, etc.) as permitted in the referenced district. (g) In the event of a conflict between this article and Ordinance No. 7059, passed by the Dallas City Council on September 10, 1956, as amended by Ordinance Nos. 14320 and 19221, passed by the Dallas City Council on November 5, 1973, and July 16, 1986, respectively (see Exhibit 314A), this article controls. (h) For purposes of determining the applicability of regulations in this article and in Chapter 51A triggered by adjacency or proximity to another zoning district, and for purposes of interpreting the DIR and RAR requirements of Division 51A-4.800, this district and each tract within this district is considered to be a "nonresidential zoning district." 11 Z090-225 (WE) SEC. 51P-314.104. ZONING CLASSIFICATION CHANGE AND DISTRICT NAME. PD 314 is to be known as the Preston Center Special Purpose District. The boundaries of this district are described in Exhibit A of Ordinance No. 20397. SEC. 51P-314.105. CREATION OF SEPARATE TRACTS. This district is divided into six tracts: Tracts I, II, III, IV, V, and VI. In addition, Tract I contains a designated “Subarea A,” Tract II contains a designated "Subarea A," and Tract IV contains a designated “Subarea A.” The boundaries of all tracts, including Subareas A in Tract I, II, and IV, are verbally described in Exhibit 314B. A map showing the boundaries of the various tracts, including Subareas A in Tracts I, II, and IV, is labelled Exhibit 314C. In the event of a conflict, the verbal descriptions in Exhibit A of Ordinance No. 20397 and Exhibit 314B control over the graphic description in Exhibit 314C. SEC. 51P-314.106. USE REGULATIONS AND DEVELOPMENT STANDARDS FOR TRACTS I AND V. (a) Use regulations. The following use regulations apply in Tracts I and V (including Subarea A): (1) Except as otherwise provided in Paragraph (2), the only uses permitted are: (A) those permitted in the NO(A) district; (B) in Subarea A of Tract I and Tract V only, financial institution with drive in windows [SUP]; and (C) in Tract V only, multifamily and office. (2) The "bar, lounge, or tavern" use is prohibited. (b) Yard, lot, and space regulations. The following yard, lot, and space regulations apply in Tracts I and V (including Subarea A): (1) Front, side, and rear yards. [Minimum front, side, and rear yards are the same as those for the NO(A) district.] (A) Minimum front, side, and rear yards are the same as those for the NO(A) district. (B) Tract V, no minimum interior side yard is required 12 Z090-225 (WE) CPC Recommendation (2) Density. In Tract V, maximum number of dwelling units is 115. Applicant’s Proposal (2) Density. In Tract V, maximum number of dwelling units is 115. In Tract V, the maximum number of square feet of office uses is 250,000. CPC Recommendation (3) Floor area ratio. Except as otherwise provided in this paragraph, maximum floor area ratio is 0.5. (A) Maximum floor area ratio for all [non-residential] uses in Tract V is 1.94 [0.2]. (B) The maximum floor area for all uses in Tract V is 200,000 square feet. Staff’s Recommendation (3) Floor area. [Except as otherwise provided in this paragraph, maximum floor area ratio is 0.5. (A) The Maximum floor area ratio for Tract I is 0.5] (B) The maximum floor area for all uses in Tract V is 150,000 square feet. Applicant’s Proposal (3) Floor area ratio. Except as otherwise provided in this paragraph, maximum floor area ratio is 0.5. (A) Maximum floor area ratio for all [non-residential] uses in Tract V is 2.45 [0.2]. [(B) No maximum floor area for residential uses in Tract V.] (4) Height. (A) Residential proximity slope. If any portion of a structure is over 26 feet in height, that portion may not be located above a residential proximity slope. Exception: Structures listed in Section 51A-4.408 (a)(2) may project through the slope to a height not to exceed the maximum structure height, or 12 feet above the slope, whichever is less. (B) Maximum height. Unless further restricted under Subparagraph (A), maximum structure height is as follows: 13 Z090-225 (WE) (i) 30 feet in Tract I. (ii) 119 feet in Tract V. (5) Lot coverage. Maximum lot coverage is 60 [50] percent. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not. (6) Stories. (A) Tract I. Maximum number of stories above grade is two. Parking garages are exempt from this requirement, but must comply with the height regulations in Paragraph (4). (B) Tract V. Maximum number stories above grade is 9 [10]. The top story may only be used for mechanical equipment. Parking garages are exempt from this requirement, but must comply with the height regulations in Paragraph (4). (c) Required off-street parking. (A) Except as provided. Required off-street parking in Tracts I and V (including Subarea A) must be provided for each use in accordance with Chapter 51A. (B) Tract V, office uses. One space per 410 square feet of floor area. (d) Tract V environmental performance standards. (1) In general. Except as provided in this section, see Article VI. (2) LEED certification. (A) A United States Green Building Council’s Leadership in Energy and Environmental Design (LEED) checklist, effective May 1, 2004 (or more current), must be submitted with an application for a building permit for development, indicating how the development will comply with a LEED compliance designation. A LEED accredited professional designated by the department of development services must affirm that development plans submitted for a building permit are LEED compliant. The building official must determine that the project is consistent with the standards and criteria for a LEED certified designation before a building permit may be issued. (B) If during development, the developer is unable to achieve all of the green building rating system points identified on the checklist, the developer must replace any points not achieved with other green building rating system points acceptable under the United States Green Building Council’s LEED rating system. 14 Z090-225 (WE) (C) All supporting documentation and templates related to the points previously approved by the city for the LEED level designation must be submitted with an application for a certificate of occupancy. A certificate of occupancy may not be issued until a LEED accredited professional designated by the department of development services affirms that the building complies with the LEED certified designation. (e) Landscape regulations. Landscaping in Tracts I and V (including Subarea A) must be provided on all property in accordance with Article X. (f) Development impact review in Tracts I and V (including Subarea A). A site plan must be submitted and approved in accordance with the requirements of Section 51A-4.803 before an application is made for a permit for work in this district if the estimated trip generation for all uses on the lot collectively is equal to or greater than 6,000 trips per day and 500 trips per acre per day. See Table 1 in Section 51A-4.803 to calculate estimated trip generation. CPC Recommendation [(g) General Requirements. If an application for a building permit to authorize constructions of a minimum of 150,000 square feet of floor area for non-residential uses is not submitted by December 31, 2014, the Director shall notify the commission and the commission may call a public hearing to consider limiting the floor area of non- residential uses to a maximum of 150,000 square feet.] Applicant’s proposal (g) General Requirements. If an application for a building permit to authorize constructions of a minimum of 150,000 square feet of floor area for non-residential uses is not submitted by December 31, 2014, the Director shall notify the commission and the commission may call a public hearing to consider limiting the floor area of non- residential uses to a maximum of 150,000 square feet. 15 Z090-225 (WE) EXISTING DEVELOPMENT PLAN 16 Z090-225 (WE) PROPOSED DEVELOPMENT PLAN 17 Z090-225 (WE) EXISITING SUP No. 744 CONDITIONS 18 Z090-225 (WE) 19 Z090-225 (WE) EXISITING SITE PLAN A 20 Z090-225 (WE) EXISITING SITE PLAN B 21 Z090-225 (WE) PROPOSED SITE PLAN B 22 Z090-225 (WE) 23 Z090-225 (WE) Townhomes Retail Surface parking Office Church w/school Athletic Filed Church Single Family 24 Z090-225 (WE) 1 & 2 3 25 Z090-225 (WE) CPC RESPONSES 26 Z090-225 (WE) Notification List of Property Owners Z090-225 81 Property Owners Notified 6 Property Owners Opposed 16 Property Owners in Favor Vote Label Address Owner O 1 8117 WESTCHESTER DALLAS PRESTON CENTER 2 ASSOC 2 8226 DOUGLAS DOUGLAS PLAZA LTD O 3 6110 SHERRY HIGHLAND PARK PLASTIC O 4 6114 SHERRY RHINO VENTURE LP X 5 6120 SHERRY GAHAGAN LAWRENCE O 6 6128 SHERRY K & JOSEY TEXAS LTD ETAL 7 6134 SHERRY BECKMANN LAND LLC 8 6140 SHERRY BANTA REAL ESTATE LP 9 6150 SHERRY BV SHERRY LP 10 6160 SHERRY ROSEBRIAR SHERRY LN LPwe 11 6065 SHERRY TOMLIN FAMILY LTD O 12 6012 SHERRY 6012 SHERRY LANE LTD O 13 6020 SHERRY KIDWELL JOHN E DDS INC & O 14 6030 SHERRY SALON PROPERTIES INC 15 6036 SHERRY KINGDOM SARAH REED 16 6044 SHERRY PRESTON GRAND INC O 17 6050 SHERRY J & J AHN LP 18 6059 SHERRY K & B SHERRY TX LTD & 19 6072 SHERRY SHERRY LANE BUILDING LLC 20 6023 SHERRY BV SHERRY II LP 21 6031 SHERRY SHERRY LANE INV INC 22 6071 SHERRY 6071 SHERRY LN VENTURE 23 8215 WESTCHESTER LEGGE LYNDA L TRUSTEE & 24 8222 DOUGLAS CF02 DALLAS LLC 25 6103 SHERRY OCONNOR - SHERRY LANE LTD 26 6125 SHERRY TECHNICALL SCOTTISH I LTD Friday, October 22, 2010 27 Z090-225 (WE) Vote Label Address Owner O 27 6137 SHERRY YATER C M & SONS MFG JLRS 28 6141 SHERRY PAYNE JONATHAN M III O 29 6147 SHERRY THEP SHERRY LAND LTD 30 8214 WESTCHESTER CCP PC OFFICE LP 31 8235 DOUGLAS RMC DOUGLAS LP 32 5949 SHERRY BF STERLING PLAZA LP % 33 5911 FREDERICK SQUARE SMAA CORP EPISCOPAL DIOCESE OF 34 5911 FREDERICK SQUARE EPISCOPAL DIOCESE OF DALLAS CORP O 35 8005 WESTCHESTER ROMAN CATH DIOCESE DALLAS O 36 4100 COLGATE CHRIST THE KING CHURCH X 37 4301 COLGATE HORNISH SHARI O 38 8200 DOUGLAS MILLCREEK SHERRY DOUGLAS 39 8201 PRESTON T-C PRESTON SHERRY PLAZA LLC 40 5956 SHERRY SHERRY REALTY HOLDINGS 41 8111 PRESTON BF PRESTON COMMONS LP % 42 8120 WESTCHESTER ZML PRESTON COMMONS LP 43 8123 PRESTON VAN FOUR LTD 44 8119 PRESTON RB 8119 PRESTON LLC 45 8011 DOUGLAS CORP OF THE EPISCOPAL 46 4237 COLGATE BEEBY ERIC JAY 47 4233 COLGATE STEWART KATHY K O 48 4229 COLGATE PARDOE WILLIAM H X 49 4225 COLGATE BLAKE BRIAN K & MARNEY L X 50 4221 COLGATE OBRIEN SEAN C & 51 4217 COLGATE BANK OF TEXAS NA 52 4213 COLGATE CHANEY GARY W & LINDA O 53 4209 COLGATE SMITH HARRY & ADINA O 54 4205 COLGATE BENDALIN RONALD M & 55 4201 COLGATE ELLIS DAVID WILLIAM & Friday, October 22, 2010 28 Z090-225 (WE) Vote Label Address Owner 56 4137 COLGATE CONCES J GUY & PHYLLIS J 57 4236 COLGATE WEAVER JOSEPH R JR & X 58 4232 COLGATE MCCUTCHAN FRANCIS G & 59 4228 COLGATE KOHLER THOMAS C & 60 4224 COLGATE STEELE CAROLE E O 61 4220 COLGATE COLE THOMAS B & 62 4216 COLGATE CARLILE WILLIAM JACK & 63 4212 COLGATE SHERER SCOTT D & BLAIRE B 64 4208 COLGATE LANE DAVID & X 65 4204 COLGATE COOKSEY JAMES D & HOLLY 66 4200 COLGATE GATTON NINA PATRICIA 67 8181 DOUGLAS AVE WILLIS LISA HART 68 8181 DOUGLAS AVE GARDNER GARY A & 69 8181 DOUGLAS AVE BEAUCHAMP DEANNA KIRK 70 8181 DOUGLAS AVE MABREY JAMES L 71 8181 DOUGLAS AVE JONES JEFFREY L & 72 8181 DOUGLAS AVE BROWN CHRISTINE 73 8181 DOUGLAS AVE DEASON DARWIN TR & 74 8181 DOUGLAS AVE CAMP BARBARA S 75 8181 DOUGLAS AVE JAGMIN CHRIS L & LISA K 76 8181 DOUGLAS AVE JARCHOW STEPHEN P 77 8181 DOUGLAS AVE WILLIAMSON JOHN D JR & 78 8181 DOUGLAS AVE JACKSON MELVIN 79 8181 DOUGLAS AVE RILEY SANDRA A 80 8181 DOUGLAS AVE DEASON DARWIN 81 8181 DOUGLAS AVE DEASON DARWIN Friday, October 22, 2010 29 AGENDA ITEM # 62 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: December 8, 2010 COUNCIL DISTRICT(S): 3 DEPARTMENT: Sustainable Development and Construction CMO: A. C. Gonzalez, 671-8925 MAPSCO: 44 V SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for an utility or government installation other than listed on property within Tract A of Planned Development District 468, the Oak Cliff Gateway Special Purpose District, on the east side of Beckley Avenue at the terminus of I-30 Frontage Road Recommendation of Staff & CPC: Approval for an eight-year period, subject to a site plan and conditions Z090-183(WE) Note: This item was considered by the City Council at public hearings on September 22 and October 13, 2010, and was taken under advisement until December 8, 2010, with the public hearing open. HONORABLE MAYOR AND CITY COUNCIL WEDNESDAY, DECEMBER 8, 2010 ACM: A. C. Gonzalez FILE NUMBER: Z090-183(WE) DATE FILED: March 26, 2010 LOCATION: East side of Beckley Avenue at the terminus of 1-30 Frontage Road COUNCIL DISTRICT: 3 MAPSCO: 44-V SIZE OF REQUEST: Approx. 2.905 acres CENSUS TRACT: 20.00 APPLICANT/OWNER: Dallas County REPRESENTATIVE: Shannon Brown, Dallas County & Monty Anderson, Options Real Estate REQUEST: An application for a Specific Use Permit for a utility or government installation other than listed on property within Tract A of Planned Development District 468, the Oak Cliff Gateway Special Purpose District. SUMMARY: The purpose of this request is to allow Dallas County to provide limited maintenance to their fleet of vehicles. CPC RECOMMENDATION: Approval for an eight year period, subject to a site plan and conditions STAFF RECOMMENDATION: Approval for an eight year period, subject to a site plan and conditions 1 Z090-183(WE) BACKGROUND INFORMATION: • The applicant’s request for a Specific Use Permit for a utility or government installation other than listed will permit Dallas County to operate an auto service center on an interim basis. • The surrounding land uses consist of Interstate 30 to the north, retail and personal uses to the south, the Trinity River levee and industrial uses (inside) to the west. Zoning History: There has not been any zoning changes requested in the area. Thoroughfares/Streets: Thoroughfare/Street Type Existing Proposed ROW ROW N. Beckley Avenue Collector 120 ft. 120 ft. Interstate 30 Local Street Variable Variable lane widths lane widths Land Use: Zoning Land Use Site PDD No. 468, Tract A Vacant office North IR Interstate 30 South PDD No. 468, Tract A Undeveloped, industrial East PD No. 468, Tract A Undeveloped West PDD No. 468, Tract A & Bakery, Undeveloped IR Comprehensive Plan: The fowardDallas! Comprehensive Plan was adopted by the City Council in June 2006. The fowardDallas! Comprehensive Plan outlines several goals and policies which can serve as a framework for assisting in evaluating the applicant’s request. The Plan identifies the request site as being in an Urban Mixed Use Building Block. The Urban Mixed-Use Building Block incorporates a vibrant mix of residential and employment uses at a lower density than the Downtown Building Block. These areas are typically near Downtown, along the Trinity River or near major transit centers. Examples include Uptown, the City Place/West Village area, Stemmons Design District, Cedars and Deep Ellum. Urban Mixed-Use Building Blocks provide residents with a vibrant blend of opportunities to live, work, shop and play within a closely defined area. Buildings range from high-rise residential or mid-rise commercial towers to townhomes and small corner shops. Good access to transit is a critical element. Similar to Downtown, the Urban Mixed-Use Building Blocks offer employment and housing options and are important economic growth areas for businesses. People on foot or bike can 2 Z090-183(WE) enjoy interesting storefronts at ground level with benches, public art, on-street parking and wide sidewalks, creating an appealing streetscape. Large parking areas and other auto-oriented land uses are typically located at the edges. Land Use GOAL 1.2 PROMOTE DESIRED DEVELOPMENT Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. Economic GOAL 2.1 PROMOTE BALANCED GROWTH. Policy 2.1.1 Ensure that zoning is flexible enough to respond to changing economic conditions. Area Plans: The North Oak Cliff Land Use and Development Plan was adopted by the Dallas City Council in March 1986. The Plan recommends that the south corner of Beckley and I-30 should be developed as mixed use. The mixed use development could include office, medium to high density residential and supported by commercial uses. Oak Cliff Dallas, Texas: The City of Dallas requested the assistance of the Urban Land Institute (ULI) to study and provide recommendations on future development/redevelopment opportunities in the North Oak Cliff area. The ULI Panel identifies in the report, Oak Cliff Dallas, Texas, October 2001, the request site as being in the Oak Cliff Gateway District. The Panel states that the District, “establishes multiple levels of retail and commercial experiences, as well as new opportunities for rental and for-sale housing and public gathering places for families and single people.” Oak Cliff Gateway: In May 2009, the City Council approved an amendment to the Oak Cliff Gateway Land Use Plan. The Plan envisions the Oak Cliff Gateway area as a “walkable, mixed use community surrounding a core residential area around Lake Cliff Park.” In addition, the Plan has identified the requested site as being within a “mixed use high density” area which provides easy pedestrian and bike access from north Oak Cliff into the Trinity River Park from the adjacent neighborhoods. STAFF ANALYSIS: Land Use Compatibility: The 2.905 acre site is developed with a one-story, 25,000 square foot vacant building that will be retrofitted to accommodate the Dallas County need for vehicle maintenance. The applicant’s request for a Specific Use Permit for a utility or government installation other than listed will permit Dallas County to operate an auto service center on an interim basis. 3 Z090-183(WE) Dallas County is aware that the North Oak Cliff Land Use and Development Plan and the Urban Land Institute (ULI) study recommend this particular site to be development with mixed uses. Therefore, the County is proposing to operate the facility no more than 8 years. The primary function of the site will be for performing minor vehicle maintenance and vehicle re-fueling of County vehicles. Services such as oil changes, fluid replacement, wheel alignments, brake components replacements and tune-ups will be performed at this site. Major repairs for the County vehicles will be performed at another location. Even though an auto service center is permitted by right within Tract A of PDD No. 468, a government entity will be operating the facility; thus allowing the use to be considered an utility or government installation other than listed, which requires an Specific Use Permit. Staff is recommending approval of the applicant’s request for an eight year period, subject to the site plan and conditions because of the short time period the use will be operating at this location. The applicant will have to comply with all federal, state and local regulations as it relates to the fueling station and disposing of all oil products. The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The request does not appear to have an adverse impact on the surrounding zoning and land uses. Development Standards: Lot Special DISTRICT SETBACKS Density Height PRIMARY Uses Front Side/Rear Coverage Standards Planned Development Proximity Commercial & business Slope U-form service, Utility & public 15’ 0’/0’ 3:1 FAR 270’ 80% District No. 468 – (Existing) setback service, retail & personal Subdistrict A Tower spacing service Parking: The Dallas Development Codes states that the off-street parking regulations for a utility or government installation other than listed use “may be established in the ordinance granting the permit.” The facility in which the Dallas County will operate contains approximately 25,000 square feet of floor area. The minimum number of off-street parking spaces required is 21 spaces. 4 Z090-183(WE) Landscaping: Landscaping of any development will be in accordance with Article X requirements, as amended. Traffic: The Engineering Section of the Department Sustainable Development and Construction has reviewed the request and determined that it will not impact the surrounding street system for the proposed development. Park and Recreation Department: The City of Dallas Park and Recreation Department is in the beginning stages of negotiations with Dallas County to acquire approximately 20 to 30 feet of easement on the southern portion of the property. The proposed easement will accommodate a planned bicycle trail (Coombs trail) that is included in the City of Dallas Trail Network Master Plan. The existing section of the Coombs Trail runs along Kessler Parkway from Stevens Golf Course to the west of Beckley Avenue. Future plans show the trail continuing west and connecting to the planned Trinity River Trail system. The current alignment has the trail crossing Beckley Avenue and proceeding east to the Trinity levees. CPC Action (August 19, 2010) Motion: It was moved to recommend approval of a Specific Use Permit for an utility or government installation other than listed for an eight-year period, subject to approval by the City Engineer, a site plan and revised conditions, on property within Tract A of Planned Development District 468, the Oak Cliff Gateway Special Purpose District on the east side of Beckley Avenue at the terminus of I-30 Frontage Road with the following additions: 1) Expansion of the definition of ”Use” to read: “The only use authorized by this specific use permit is as a government installation for the routine maintenance, minor repairs, and refueling of vehicles owned and operated by Dallas County in the conducting of its official business; 2) Height limitations; 3) Prohibition of any outside storage; and 4) Submission and approval of a landscape plan prior to the issuance of a Certificate of Occupancy. Maker: Anglin Second: Schwartz Result: Carried: 12 to 0 For: 12 - R. Davis, Wally, Anglin, M. Davis, Lozano, Bagley, Lavallaisaa, Tarpley, Wolfish, Schwartz, Peterson, Alcantar Against: 0 Absent: 3 - Rodgers, Shellene, Bernbaum Vacancy: 0 5 Z090-183(WE) Notices: Area: 300 Mailed: 17 Replies: For: 0 Against: 2 Speakers: For: Monty Anderson, 901 Fort Worth Ave., Dallas, TX, 75208 Against: None 6 Z090-183(WE) LIST OF DALLAS COUNTY COMMISSIONERS/JUDGE • Jim Foster, County Judge • Maurine Dickey, District 1 Commissioner • Mike Cantrell District 2 Commissioner • John Wiley Price District 3 Commissioner • Kenneth A. Mayfield District 4 Commissioner 7 Z090-183(WE) CPC PROPOSED SUP CONDITIONS CPC Recommendation 1. USE: The only use authorized by this specific use permit is as a government installation for the routine maintenance, minor repair, and refueling of vehicles owned and operated by Dallas County in the conducting of its official business. Staff’s Recommendation 1. USE: The only use authorized by this specific use permit is a utility or government installation other than listed for Dallas County vehicles. CPC Recommendation 2. SITE PLAN: Use and development of the Property must comply with the attached site plan and be approved by a City of Dallas Engineer. Staff’s Recommendation 2. SITE PLAN: Use and development of the Property must comply with the attached site plan. 3. TIME LIMIT: This specific use permit automatically terminates on (eight years from passage of the ordinance). 4. PARKING: The minimum number of off-street parking spaces required is 21 spaces. CPC Recommendation 5. FENCING: Fencing facing Beckley Avenue should have masonry pillars and be of wrought iron 6. OUTSIDE STORAGE: Outside storage is prohibited. 7. HEIGHT: The maximum height of the structure may not exceed 32 feet. 8. MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance. 9. GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas. 8 Z090-183(WE) PROPOSED SITE PLAN 9 Z090-183(WE) 10 Z090-183(WE) Undeveloped Levee Undeveloped Undeveloped Bakery Industrial 11 Z090-183(WE) CPC RESPONSES 12 Z090-183(WE) Notification List of Property Z090-183 17 Property Owners Notified 2 Property Owners Opposed 0 Property Owners in Favor Vote Label # Address Owner 1 2036 BECKLEY TRINITY RIVER ACQUISTIONS LIMITED 2 2206 BECKLEY MHG PROPERTIES LLC 3 101 IH 30 CITY & COUNTY LEVEE 4 2120 BECKLEY PRESCOTT INTERESTS L C 5 2008 BECKLEY DEALEY LTD 6 1916 BECKLEY REID JON ROY 7 119 OREGON TRINITY FLOOR CO INC 8 1902 BECKLEY TRINITY FLOOR COMPANY 9 1902 BECKLEY SUNDOWN ASSOCIATES 10 129 OREGON GVIRTZ JOE H 11 211 OREGON TRINITY RIVER ACQUISTIONS 12 123 OREGON 123 E OREGON JV 13 125 OREGON 123 E OREGON JV X 14 1909 BECKLEY BURDINE INDUSTRIES INC 15 118 COMSTOCK METHODIST HOSPITALS OF DALLAS X 16 2011 BECKLEY LONE STAR CONSOLIDATED 17 2000 BECKLEY DALLAS CITY & COUNTY Tuesday, August 24, 2010 13 AGENDA ITEM # 63 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: December 8, 2010 COUNCIL DISTRICT(S): 14 DEPARTMENT: Sustainable Development and Construction CMO: A. C. Gonzalez, 671-8925 MAPSCO: 36 E J SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development District for MU-3 Mixed Use District Uses on property zoned an MU-3 Mixed Use District on the northeast corner of North Central Expressway and Twin Sixties Drive Recommendation of Staff: Approval, subject to a conceptual plan, Zone 2 development plan, a Zone 3 development plan, and staff's recommended conditions, and no change in zoning for that portion of the property under new ownership Recommendation of Staff and CPC: Approval, subject to a conceptual plan, Zone 2 development plan, a Zone 3 development plan, and conditions, and no change in zoning for that portion of the property under new ownership Z067-284(RB) HONORABLE MAYOR & CITY COUNCIL WEDNESDAY, DECEMBER 8, 2010 ACM: A. C. Gonzalez FILE NUMBER: Z067-284(RB) DATE FILED: March 7, 2007 LOCATION: North Central Expressway and Twin Sixties Drive, Northeast Quadrant COUNCIL DISTRICT: 14 MAPSCO: 36 E, J SIZE OF REQUEST: Approx. 10.943 Acres CENSUS TRACT: 79.05 APPLICANT: Prescott Realty Group REPRESENTATIVE: Suzan Kedron OWNERS: See Attached REQUEST: An application for a Planned Development District for MU-3 Mixed Uses on property zoned an MU-3 Mixed Use District. SUMMARY: The applicant is requesting a PDD to provide for a mixed use development. CPC RECOMMENDATION: Approval, subject to a conceptual plan, Zone 2 development plan, a Zone 3 development plan, and conditions, and no change in zoning for that portion of the property under new ownership. STAFF RECOMMENDATION: Approval, subject to a conceptual plan, Zone 2 development plan, a Zone 3 development plan, and staff’s recommended conditions, and no change in zoning for that portion of the property under new ownership. DESIGNATED ZONING CASE 1 Z067-284(RB) BACKGROUND: • The request site is developed with a mix of uses and surface parking areas. • The applicant proposes to redevelop the site with ground floor retail and multifamily uses, with specific considerations given to its proximity to mass transit and a nearby college that provides shuttle service to its campus. • A PDD is being requested for consideration of the following: 1) development that does not comply with the tower spacing regulations; 2) alternative urban form setback regulations; 3) no minimum front yard setback; 4) enhanced sign regulations; 5) increase in structure height on a portion of the property; and, 6) alternative off-street parking regulations. • Due to a change of ownership for some of the property within the original request, consideration of a smaller site will be presented at this public hearing (see Miscellaneous-Revised Request Area, below). Zoning History: File No. Request, Disposition, and Date 1. Z067-189 A Planned Development District for MU-2 District Uses. Approved by the City Council on September 26, 2007. 2. Z078-168 A Planned Development District for MU-3 District Uses. Approved by the City Council on June 11, 2008. 3. Z090-181 A PDD for certain Mixed Uses on property zoned an MU-3 Mixed Use District. Pending a City Plan Commission public hearing. Street/Thoroughfare Designation; Existing & Proposed ROW North Central Expressway Freeway; Variable ROW Twin Sixties Drive Street easement; 58’ ROW 2 Z067-284(RB) STAFF ANALYSIS: Comprehensive Plan The applicant is proposing a mixed use (residential and retail uses) development with special consideration for various development standards. The site is in close proximity to mass transit and represents a continuation of other transit oriented developments within close proximity to the Mockingbird Park and Ride Station. The scale of the proposed development is somewhat consistent with that permitted on adjacent properties. The proposed development is envisioned to utilize the existing mass transportation infrastructure south of the site as well as benefiting from the SMU commuter bus service that serves the area (see attached bus route). Sidewalk pavement widths greater than required along with additional pedestrian amenities are proposed. For these reasons, the request is in compliance with the Economic, Housing, Urban Design, and Environment Elements, respectively, outlined in forwardDallas! Economic Element Goal 2.2: Engage in Strategic Economic Development Policy 2.2.2: Maximize development opportunities around DART stations Housing Element Goal 3.2 Answer the need for housing options. Policy 3.2.2 Encourage higher density housing within a quarter-mile of DART stations. Urban Design Element Goal 5.1 Promote a sense of place, safety, and walkability. Policy 5.1.3 Encourage complementary building height, scale, design and character. Environment Element Goal 6.3 Improve Energy Efficiency and Air Quality Policy 6.3.3 Limit vehicle miles traveled. Land Use Compatibility: The request site is developed with a mix of uses and surface 3 Z067-284(RB) parking areas. The applicant proposes to continue development of the site with mixed uses with respect to its proximity to mass transit. A PDD is being requested for consideration of the following: 1) development that does not comply with the tower spacing regulations; 2) alternative urban form setback regulations; 3) no minimum front yard setback; 4) enhanced sign regulations; 5) increase in structure height on a portion of the property; and, 6) alternative off-street parking regulations. Surrounding land use consists of a mix of office and retail uses. Two mixed use projects that will provide for retail and residential uses have been approved for property along SMU Boulevard northeast of the site (see Zoning History). Lastly, DART right-of- way abuts the eastern property line. It should be noted the proposed plans provide for access to pedestrian paths that access the Mockingbird Station, south of the site. Staff supports the concept of a mixed use development at this location. The area can generally support greater levels of development due to close proximity to mass transit and thoroughfares. Additionally, the applicant has determined a major focus of its residential housing component will be targeted to SMU students and faculty, utilizing the existing and future expanded bus route service (see attached service maps). Per the Thoroughfare Plan, SMU Boulevard will ultimately be configured as a five-lane undivided thoroughfare within a 100 foot right-of-way. Lastly, this project maintains the focus of redevelopment towards mixed use development in close proximity to thoroughfares and mass transit options. Based on staff’s analysis of the submitted request, support is being given based on staff’s recommended conditions. Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the traffic impact analysis submitted in conjunction with the request and determined that it will not impact the surrounding street system subject to not permitting on-street parking as requested by the applicant. Parking: As part of the request, the applicant is requesting a reduction of required off- street parking requirements for certain uses. Staff has reviewed the parking study submitted by the applicant and concurs with the requested revisions. Landscaping: The site possesses minimal plantings. The applicant is proposing landscaping to comply with Article X as well as certain pedestrian amenities as referenced in the proposed conditions. This will provide for a focus of street level improvements not currently seen in the immediate area but being provided for with redevelopment efforts east of the site. DART Infrastructure: Dallas Area Rapid Transit operates the Mockingbird Park and 4 Z067-284(RB) Ride Station, approximately one-quarter mile southwest of the site. The applicant is working with various public entities (DART, the Council of Governments, and the City) to provide for infrastructure improvements along the SMU Boulevard right-of-way, between the northbound service road of North Central Expressway and Greenville Avenue. As addressed above, bus service through the area that is linked to the SMU campus is provided with plans for an expanded route (see attached bus routes). Miscellaneous-Revised Request Area: At this time, a change of ownership has occurred for a portion of the site that fronts North Central Expressway, north of Twin Sixties Drive (see attached Change of Ownership Parcel). During discussions between both parties, it has become apparent that with respect to certain public and private agreements as well as general disagreements between both parties, the new owner no longer wishes to be part of this request. This area (approximately 3.278 acres) will retain MU-3 District zoning. CPC recommended no change in zoning for this property. CPC ACTION (April 15, 2010) Motion: In considering an application for a Planned Development District for MU-3 Mixed uses on property zoned an MU-3 Mixed Use District on the northeast corner of North Central Expressway and Twin Sixties Drive, it was moved to hold this case under advisement until July 1, 2010. Maker: Peterson Second: M. Davis Result: Carried: 12 to 0 For: 12 - R. Davis, Anglin*, M. Davis, Lozano, Bagley, Lavallaisaa, Tarpley, Bernbaum, Wolfish, Schwartz, Peterson, Alcantar *out of the room, shown voting in favor Against: 0 Absent: 2 - Wally, Rodgers Vacancy: 1 - District 10 Notices: Area: 500 Mailed: 21 Replies: For: 2 Against: 0 5 Z067-284(RB) Speakers: None (July 1, 2010) Motion: In considering an application for a Planned Development District for MU-3 Mixed Use District uses on property zoned an MU-3 Mixed Use District on the northeast corner of North Central Expressway and Twin Sixties Drive, it was moved to hold this case under advisement until July 15, 2010. Maker: Peterson Second: Bernbaum Result: Carried: 14 to 0 For: 14 - Wally, Anglin, M. Davis, Rodgers, Lozano, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Wolfish, Schwartz, Peterson, Alcantar Against: 0 Absent: 1 - R. Davis Vacancy: 0 Notices: Area: 500 Mailed: 21 Replies: For: 12 Against: 1 Speakers: None (July 15, 2010) Motion: In considering an application for a Planned Development District for MU-3 Mixed Uses on property zoned an MU-3 Mixed Use District on the northeast corner of North Central Expressway and Twin Sixties Drive, it was moved to hold this case under advisement until September 16, 2010. Maker: Peterson Second: Wally Result: Carried: 12 to 0 For: 12 - R. Davis, Wally, Anglin, M. Davis, Rodgers, Lavallaisaa, Shellene, Bernbaum, Wolfish, Schwartz, Peterson, Alcantar 6 Z067-284(RB) Against: 0 Absent: 3 - Lozano, Bagley, Tarpley Vacancy: 0 Notices: Area: 500 Mailed: 21 Replies: For: 12 Against: 1 Speakers: For: Suzan Kedron, 901 Main St, Ste 6000 Tommy Mann, 5400 Renaissance Tower Against: None (September 16, 2010) Motion I: It was moved to recommend denial without prejudice of a Planned Development District for MU-3 Mixed District Uses on property zoned an MU-3 Mixed Use District in the northeast quadrant of North Central Expressway and Twin Sixties Drive. Maker: Peterson Second: None Result: Failed for lack of a second Motion II: It was moved to recommend approval of a Planned Development District for MU-3 Mixed Uses on property zoned an MU-3 Mixed Use District in the northeast quadrant of North Central Expressway and Twin Sixties Drive, subject to a conceptual plan, a Zone 1B development plan, a Zone 2A development plan, a Zone 3 development plan, and staff’s revised recommended conditions. Maker: Wally Second: None Result: Failed for lack of a second Motion III: It was moved to recommend approval of a Planned Development District for MU-3 Mixed Uses on property zoned an MU-3 Mixed Use District in the northeast quadrant of North Central Expressway and Twin Sixties Drive, subject to a conceptual plan, a Zone 2A development plan, a Zone 3 development plan, and staff’s revised recommended conditions with following three changes: 1) Removal of Zone 1B and 2B, 2) Creation of two subdistricts and 3) Development plan and conditions to return on a future miscellaneous docket. Maker: Tarpley Second: Schwartz 7 Z067-284(RB) Withdrawal: It was moved to withdraw the previous motion to recommended approval of a Planned Development District for MU-3 Mixed Uses on property zoned an MU-3 Mixed Use District in the northeast quadrant of North Central Expressway and Twin Sixties Drive, subject to a conceptual plan, a Zone 2A development plan, a Zone 3 development plan, and staff’s revised recommended conditions with following three changes: 1) Removal of Zone 1B and 2B, 2) Creation of two subdistricts and 3) Development plan and conditions to return on a future miscellaneous docket. Commissioner Tarpley withdrew her motion Commissioner Schwartz withdrew his second Motion IV: In considering an application for a Planned Development District for MU-3 Mixed Uses on property zoned an MU-3 Mixed Use District in the northeast quadrant of North Central Expressway and Twin Sixties Drive, it was moved to hold this case under advisement until October 21, 2010, to allow staff and the applicant to prepare a plan and conditions for a Planned Development District to encompass Zone 1A, Zone 2A, Zone 3 and Zone 4 of the currently proposed planned development district to the exclusion Zone 1B and Zone 2B. Maker: Tarpley Second: Anglin Result: Carried: 15 to 0 For: 15 - R. Davis, Wally, Anglin, M. Davis, Rodgers, Lozano, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Wolfish, Schwartz, Peterson, Alcantar Against: 0 Absent: 0 Vacancy: 0 Notices: Area: 500 Mailed: 21 Replies: For: 12 Against: 1 Speakers: For: Vance Detwiler, 6060 N. Central Expwy., Dallas, TX, 75206 Suzan Kedron, 901 Main St., Dallas, TX, 75202 Steven Caufield, 500 N. Akard St., Dallas, Texas 75201 For (Did not speak): Brian Leslie, 6060 N. Central Expwy., Dallas, TX, 75206 Against: Kirk Williams, 5400 Renaissance Tower, Dallas, TX, 75270 (October 21, 2010) 8 Z067-284(RB) Motion: It was moved to recommend approval of a Planned Development District for MU-3 Mixed Uses, subject to a conceptual plan, revised Zone 2 development plan, a Zone 3 development plan, and staff’s recommended and amending conditions with two additional amendments 1) Under Subsection 51P.116, Sidewalks, (a) to read as follows: “Sidewalks must be provided on location shown on the conceptual plan less there is a conflict due to landscaping and utilities. In the event of a conflict due to landscaping and utilities sidewalks may be relocated up to 6 feet from the location shown on the conceptual plan without modifying the conceptual plan”. 2) Height in Zones 1 approved to 300 feet and no change in zoning for that portion of the property under new ownership on property zoned an MU-3 Mixed Use District in the northeast quadrant of North Central Expressway and Twin Sixties Drive. Maker: Peterson Second: Shellene Result: Carried: 13 to 0 For: 13 - R. Davis, Wally, Anglin*, M. Davis, Rodgers, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Wolfish, Schwartz, Peterson Against: 0 Absent: 1 - Alcantar Vacancy: 1 - District 6 *out of the room, shown voting in favor Notices: Area: 500 Mailed: 21 Replies: For: 12 Against: 1 Speakers: For: Suzan Kedron, 901 Main St., Dallas, TX, 75202 Kirk Williams, 5400 Renaissance Tower, Dallas, TX, 75270 Susan Mead, 901 Main St., Dallas, TX, 75202 Against: None 9 Z067-284(RB) Officers at time of submission of application 10 Z067-284(RB) Current ownership of property no longer in request area as noted on ‘Change of Ownership Parcel’ Exhibit The current ownership entity of the hotel is TPP 2 Dallas Hotel, LLC. The officers of this entity are Jon Pettee, Jay Henry, and Jeff Yarckin. Let me know if you need anything else. Thanks, Tommy Tommy Mann, Attorney Winstead PC | 5400 Renaissance Tower | 1201 Elm Street | Dallas, Texas 75270 214.745.5724 direct | 214.745.5390 fax | [email protected] | www.winstead.com 11 Z067-284(RB) CPC RECOMMENDED CONDITIONS “ARTICLE . PD . SEC. 51P-___.101. LEGISLATIVE HISTORY. PD was established by Ordinance No. ______, passed by the Dallas City Council on ______. SEC. 51P- ___.102. PROPERTY LOCATION AND SIZE. PD is established on property located east of North Central Expressway, west of the DART Rail line, and north of Twin Sixties Drive. The size of PD ___ is approximately 7.665 acres. SEC. 51P- ___.103. DEFINITIONS AND INTERPRETATIONS. Unless otherwise stated, the definitions and interpretations in Chapter 51A apply to this article. In this district: DEVELOPMENT AGREEMENT means the mixed-use development agreement recorded at Volume 99138, Page 593, of the Deed Records of Dallas County, Texas. HOTEL PROPERTY means Lot 1D in City Block 1/5185, more commonly known as 6070 North Central Expressway. TANDEM PARKING means one parking space in front of another parking space, making it necessary to pass through one parking space to gain vehicular access to the other parking space. Unless otherwise stated, all references to articles, divisions, or sections in this article are to articles, divisions, or sections in Chapter 51A. This district is considered to be a nonresidential zoning district. 12 Z067-284(RB) SEC. 51P- ___.104. DEVELOPMENT AGREEMENT AND UNITY AGREEMENT. (a) Development agreement. (1) As of (date of passage of this ordinance), the Property is subject to a development agreement which allows the Property, in combination with the hotel property, to qualify as a mixed use project under Section 51A-4.125. The development agreement treats the Property and the hotel property as one building site for purposes of the off-street parking and loading regulations and the yard, lot, and space regulations. (2) Until the development agreement is terminated, the building official may not issue a building permit to authorize work on the Property until the development agreement is amended to provide the required unified development plan reflecting the existing conditions. (3) Any amendment to the development agreement must include a parking analysis that shows compliance with the minimum parking requirements. The master parking tabulation chart required in Section 51P-___.112 may count as the required parking analysis. (b) Unity agreement. As of (date of passage of this ordinance), the Property is subject to a unity agreement with the hotel property, recorded at Volume 99138, Page 533, of the Deed Records of Dallas County, Texas, to allow compliance with the Dallas Building Code. SEC. 51P-___.105. EXHIBITS. The following exhibits are incorporated into this article: (a) Exhibit _____A: conceptual plan. (b) Exhibit _____B: development plan for Zone 2. (c) Exhibit _____C: development plan for Zone 3. (d) Exhibit _____D: master parking tabulation chart. SEC. 51P- ___.106. CREATION OF ZONES. This district is divided into four zones, Zones 1, 2, 3, and 4 as shown on the conceptual plan (Exhibit A). The zones may, but are not required to, correspond to platted lot lines. Structures must conform to the yard, lot, and space regulations for the respective zone. 13 Z067-284(RB) SEC. 51P- ___.107. CONCEPTUAL PLAN. Development and use of the Property must comply with the conceptual plan (Exhibit A). If there is a conflict between the text of this article and the conceptual plan, the text of this article controls. SEC. 51P- ___.108. DEVELOPMENT PLAN. Zone 2. Development and use of the Property must comply with the development plan for Zone 2 (Exhibit ___B). If there is a conflict between the text of this article and the development plan for Zone 2, the text of this article controls. Zone 3. Development and use of the Property must comply with the development plan for Zone 3 (Exhibit ___C). If there is a conflict between the text of this article and the development plan for Zone 3, the text of this article controls. (c) Zones 1 and 4. A development plan must be approved by the city plan commission before the issuance of any building permit to authorize work in these zones other than the repair of existing structures, demolition and grading, erecting structures for security purposes, or work intended to provide for the irrigation or maintenance of landscaping. If there is a conflict between the text of this article and a development plan, the text of this article controls. The provision of Section 51A-4.702 requiring submission of a development plan within six months of city council approval of this district is not applicable. SEC. 51P- .109. MAIN USES PERMITTED. The following uses are the only main uses permitted: Agricultural uses. None permitted. Commercial and business service uses. Catering service. Custom business services. Electronics service center. Labor hall. [SUP] Medical or scientific laboratory. Technical school. Tool or equipment rental. Industrial uses. Temporary concrete or asphalt batching plant. [By special authorization of the building official.] Institutional and community service uses. 14 Z067-284(RB) Adult day care facility. Child-care facility. Church. College, university, or seminary. Community service center. [SUP] Convalescent and nursing homes, hospice care, and related institutions. Convent or monastery. Foster home. Hospital. Library, art gallery, or museum. Open-enrollment charter school. [SUP] Public or private school other than an open-enrollment charter school. Lodging uses. Extended stay hotel or motel. Hotel or motel. Miscellaneous uses. Temporary construction or sales office. Office uses. Financial institution without drive-in window. Financial institution with drive-in widow. [DIR] Medical clinic or ambulatory surgical center. Office. Recreation uses. Country club with private membership. Private recreation center, club, or area. Public park, playground, or golf course. Residential uses. College dormitory, fraternity, or sorority house. Duplex. Group residential facility. [SUP required if spacing component of Section 51A-4.209(b)(3) is not met.] Handicapped group dwelling unit [SUP required if spacing components of Section 51A-4.209(b)(3.1) is not met.] Multifamily. Residential hotel. Retirement housing. Single family. Retail and personal service uses. Alcoholic beverage establishments. [See Section 51A-4.210(b)(4).] Animal shelter or clinic without outside runs. Business school. 15 Z067-284(RB) Commercial parking lot or garage. Dry cleaning or laundry store. Furniture store. General merchandise or food store 3,500 square feet or less. General merchandise or food store greater than 3,500 square feet. General merchandise or food store 100,000 square feet or more. [SUP] Household equipment and appliance repair. Liquor store. Mortuary, funeral home, or commercial wedding chapel. Motor vehicle fueling station. Nursery, garden shop, or plant sales. Personal service uses. Restaurant without drive-in or drive-through service. Restaurant with drive-in or drive-through service. [DIR] Temporary retail use. Theater. Transportation uses. Helistop. [SUP] Private street or alley. Railroad passenger station. [SUP] Transit passenger shelter. Transit passenger station or transfer center. [By SUP or city council resolution. See Section 51A-4.211.] Utility and public service uses. Commercial radio or television transmitting station. Electrical substation. Local utilities. [SUP may be required. See Section 51A-4.212(4).] Police or fire station. Post office. Radio, television, or microwave tower. [SUP] Tower/antenna for cellular communication. [See Section 51A- 4.212(10.1).] Utility or government installation other than listed. [SUP] Wholesale, distribution, and storage uses. Mini-warehouse. [SUP] Office showroom/warehouse. Recycling buy-back center [SUP may be required. See Section 51A-4.213 (11).] Recycling collection center. [SUP may be required. See Section 51A- 4.213(11.1).] Recycling drop-off container. [SUP required if the requirements of Section 51A-4.213(11.2)(E) are not satisfied.] Recycling drop-off for special occasion collection. [SUP required if the requirements of Section 51A-4.213(11.3)(E) are not satisfied.] Trade center. 16 Z067-284(RB) SEC. 51P- .110. ACCESSORY USES. As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some specific accessory uses, however, due to their unique nature, are subject to additional regulations in Section 51A-4.217. For more information regarding accessory uses, consult Section 51A-4.217. The following accessory use is not permitted: -- Private stable. The following accessory uses are permitted by SUP only: -- Accessory medical/infectious waste incinerator. -- Accessory pathological waste incinerator. SEC. 51P- .111. YARD, LOT, AND SPACE REGULATIONS. (Note: The yard, lot, and space regulations in this section must be read together with the yard, lot, and space regulations in Division 51A-4.400. If there is a conflict between this section and Division 51A-4.400, this section controls.) In general. Except as provided in this section, the yard, lot, and space regulations for the MU-3 Mixed Use District apply. Development agreement. Until the development agreement is terminated, development rights under the yard, lot, and space regulations are determined by combining the Property with the hotel property and treating them as a single building site in accordance with Section 51A-4.125. Front yard. A 15-foot front yard setback is required for any portion of a structure above 45 feet in height, otherwise, no minimum front yard. (d) Side and rear yard. (1) No minimum side and rear yard. (2) Tower spacing does not apply. (e) Floor area. Maximum floor area is 1,502,424 square feet (f) Floor area ratio. No maximum floor area ratio. (g) Height. 17 Z067-284(RB) CPC Recommended/Applicant requested: In Zones 1 and 4, maximum structure height is 300 feet. Staff recommended: (1) In Zones 1 and 4, maximum structure height is 270 feet. (2) In Zones 2 and 3, maximum structure height is 125 feet. (h) Stories. (1) In Zones 1 and 4, maximum number of stories above grade is 25. (2) In Zones 2 and 3 maximum number of stories above grade is eight. SEC. 51P-___.112. OFF-STREET PARKING AND LOADING. In general. Except as provided in this section, consult the use regulations in Division 51A-4.200 for the specific off-street parking and loading requirements for each use. Development agreement. Until the development agreement is terminated, off-street parking and loading requirements are determined by combining the Property with the hotel property and treating them as a single building site in accordance with Section 51A-4.125. Medical or scientific laboratory. Two spaces per 1,000 square feet of floor area are required. College, university, or seminary and technical school. One space per 40 square feet of classroom floor area is required. Hospital. Three-quarters of one space per bed is required. Multifamily. One and one-quarter space per unit is required. Lodging uses. Three-quarters of one space per room for rooms 1 to 250, .5 spaces per room for rooms 251 or greater, plus one space per one thousand square feet of meeting room floor area is required. Office uses. Two spaces per 1,000 square feet of floor area is required. Retail and personal service uses. Two and one-half spaces per 1,000 square feet of floor area is required. Screening of off-street loading spaces and service areas. Off-street loading spaces and service areas must be screened from all public streets and from all adjoining property whether abutting or directly across a street or alley. 18 Z067-284(RB) Screening must be at least nine feet in height measured from the horizontal plane passing through the nearest point of the off-street loading space and may be provided by any of the methods for providing screening described in Section 51A-4.602(b)(3), except that screening around service areas for trash collection must be screened by a masonry wall. Parking structures. Below-grade parking structures may project to the lot line. Tandem parking. Tandem parking is permitted for all residential uses. (m) Fees. (1) Except as provided in this subsection, the Property owner may charge occupants or customers of the use a fee on a daily, hourly, or other basis for the use of required off-street parking. (2) The Property owner may not charge fees for parking spaces provided to the hotel property under the development agreement. (n) Location of parking. The entire district is considered one lot for the purposes of parking nonresidential uses. Required parking for residential uses must be located on the same lot as the residential use. If there is a conflict between this paragraph and the development agreement, this paragraph controls. Required parking may cross zone lines. (o) Master parking tabulation chart. (1) Purpose. The master parking tabulation chart (Exhibit D) identifies the locations of all off-street parking, determines the amount of required off-street parking, identifies any available off-street parking, and ensures that each use within the district and each use on the hotel property meets the off-street parking requirements. (2) Master parking tabulation chart. (A) To maintain adequate required off-street parking for all uses within this district and on the hotel property, a master parking tabulation chart must be submitted to and approved by the building official if: (i) a development plan or minor amendment is approved by city plan commission; (ii) required off-street parking spaces are relocated; (iii) special parking spaces are added or removed; or 19 Z067-284(RB) (iv) the development agreement is amended or terminated. (B) A master parking tabulation chart must include: (i) the number of existing required off-street parking spaces; (ii) the number of required off-street parking spaces added, deleted, or relocated; (iii) the location of required off-street parking spaces added, deleted, or relocated; and (iv) the number and location of all special parking spaces; (C) The building official shall maintain a copy of each approved master parking tabulation chart. (D) The Property owner must deliver a copy of each approved master parking tabulation chart to the director within five days of the building official’s approval of each master parking tabulation chart. (E) Until the development agreement is terminated, a master parking tabulation chart may not be amended without the written consent of the owner of the hotel property. SEC. 51P- .113. ENVIRONMENTAL PERFORMANCE STANDARDS. See Article VI. SEC. 51P- .114. LANDSCAPING. Landscaping must be provided in accordance with Article X. Plant materials must be maintained in a healthy, growing condition. SEC. 51P- .115. SIGNS. Except as provided in this section, signs must comply with the provisions for business zoning districts in Article VII. The entire district is considered one premise. SEC. 51P- .116. SIDEWALKS. (a) Sidewalks must be provided in the locations shown on the conceptual plan unless there is a conflict due to landscaping or utilities. In the event of a conflict due to landscaping or 20 Z067-284(RB) utilities, the sidewalks may be relocated up to six feet from the locations shown on the conceptual plan without modifying the conceptual plan. (b) The board may not grant a variance to the sidewalk requirements. (c) Sidewalk waivers are prohibited. SEC. 51P- .117. ADDITIONAL PROVISIONS. The Property must be properly maintained in a state of good repair and neat appearance. Development and use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. SEC. 51P- .118. COMPLIANCE WITH CONDITIONS. All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation. The building official shall not issue a building permit to authorize work, or a certificate of occupancy to authorize the operation of a use, until there has been full compliance with this article, the Dallas Development Code, the construction codes, and all other ordinances, rules, and regulations of the city. SEC. 51P- .119. ZONING MAP. PD _____ is located on Zoning Map No. H-8.” 21 Z067-284(RB) 22 Z067-284(RB) Existing SMU Bus Route 23 Z067-284(RB) Future SMU Bus Route 24 Z067-284(RB) No change of zoning Remainder of Request Area 25 Change of Ownership P arcel Z067-284(RB) Proposed Conceptual Plan 26 Z067-284(RB) Proposed Zone 2 Development Plan 27 Z067-284(RB) Proposed Zone 3 Development Plan 28 Z067-284(RB) 29 Z067-284(RB) Office Residential, Retail Office, U.S. Post Multifamily Lodging Office Multifamily Dist. Cntr. Utility Office/Structured parking 30 Z067-284(RB) 1 2 3 31 CPC RESPONSES Z067-284(RB) 32 Z067-284(RB) Page 1 of 1 10/22/2010 Notification List of Property Z067-284 21 Property Owners Notified 1 Property Owner Opposed 12 Property Owners in Vote Label Address Owner 1 6060 CENTRAL AP PRESCOTT TWIN SIXTIES O 2 6080 CENTRAL AP PRESCOTT 6080 LP 3 6070 CENTRAL AP APH DALLAS LP 4 555 2ND DART O 5 6200 CENTRAL SOUTHERN METHODIST O 6 5540 YALE SOUTHERN METHODIST UNIV 7 403 REUNION DALLAS AREA RAPID TRANSIT O 8 4436 WORCOLA MC TOWNHOMES I LP 9 5606 YALE U S POSTAL SERVICE 10 5555 MOCKINGBIRD PRINCIPAL LIFE INS CO 11 5910 CENTRAL PREMIER PLACE OF DALLAS X 12 5307 MOCKINGBIRD MOCKINGBRD STATION INVEST 13 4420 WORCOLA UNIVERSITY PARK CITY OF O 14 2816 BINKLEY SOUTHERN METHODIST UNIV O 15 2823 SMU SOUTHERN METHODIST UNIV O 16 2932 BINKLEY SOUTHERN METHODIST UNIV O 17 2924 BINKLEY SOUTHERN METHODIST UNIV O 18 2901 BINKLEY SOUTHERN METHODIST UNIV O 19 2800 SMU SOUTHERN METHODIST UNIV O 20 2816 SMU SOUTHERN METHODIST O 21 2824 SMU SOUTHERN METH UNIV Friday, October 22, 2010 33 Z067-284(RB) Al Romero Anthony Jones Betty Wadkins PO Box 870875 PO Box 0711 2843 Modesto Drive Mesquite, TX 75150 Galveston, TX 77553 Dallas, TX 75227 EN Z067-284(RB) Bill Dahlstrom Bridge Ballowe c/o Nextel Cindy Harris 901 Main St.,Ste 6000 1680 N. Prospert Dr. 4310 Buena Vista #8 Dallas, TX 75202 Ricardson, TX 75081 Dallas, TX 75205 Clarence F Cope Jane Guerrini Jeff Bosse 10404 Ferndale 7032 Lupton PO Box 4738 Dallas, TX 75238 Dallas, TX 75225 Dallas, TX 75208 Leanne Witek Marcus Wood Pam Conley 16660 N Dallas Pkwy #1200 6060 N Central Expy Ste 333 901 N Madison Avenue Dallas, TX 75248 Dallas, TX 75206 Dallas, TX 75208 Rob Baldwin Robert P. Garza Stephanie Pegues 401 Exposition 412 E. Sixth St. 1500 Marilla 5FS Dallas, TX 75226 Dallas, TX 75203 Dallas, TX 75201 Steve Craft Steve Kim Alpha Testing, Inc P O Box 542225 4318 Sexton Ln. Virginia Brown Dallas, TX 75354 Dallas, TX 75229 2209 Wisconsin St, Ste 100 Dallas, TX 75229 Am. Metro/Study Corp Arborilogical Services, Inc. Axley & Hargrove Marque Nelson Bill Seaman James Schnurr 14881 Quorum Dr #400 16 Steel Rd. 3400 Carlisle St, #400 Dallas, TX 75240 Wylie, TX 75098 Dallas, TX 75204-1268 Bluffview Homeowner Cedar Vista Conservation Dallas ISD Pat White Chris Lomax Stan Armstrong 4714 Wildwood 6439 Dixie Garden Ln 3700 Ross Ave, Box 61 Dallas, TX 75209 Dallas, TX 75236 Dallas, TX 75204 34 Z067-284(RB) Dallas Planning Asoc FW Dodge Reports INCAP Fund Stuart Pully Donna McGuire Lauren Odell P O Box 781609 9155 Sterling Dr. Ste 160 300 Crescent Court Dallas, TX 75378 Dallas, TX 75063 Dallas, TX 75208 Jackson Walker Kiestwood Neighbors Lake Highlands AIA Suzan Kedron Neoma Shafer Terri Woods 901 Main St. #6000 2538 W Kiest Blvd 9603 Rocky Branch Drive Dallas, TX 75202 Dallas, TX 75233 Dallas, TX 75243 Law Office of R Albright Master Plan MetroStudy Corp Roger Albright J Kimborough Rebecca Webb 3301 Elm St 900 Jackson St 14881 Quorum Dr #400 Dallas, TX 75226 Dallas, TX 75202 Dallas, TX 75254 Micheal R Coker Co Minyards Properties Inc N Pk Lovefied Comm Civic League Michael R Coker Dennis O'Malley Joyce Lockley 2700 Swiss Ave. #100 777 Freeport Pkwy 4718 Wateka Dr. Dallas, TX 75209 Coppell, TX 75019 Dallas, TX 75209 Oak Cliff Chamber PARC DU LAC PWS Architects Inc. Joe Burkleo Linda Sharp Phillip Shepherd 545 Lacewood Drive 12126 Vendome Place 4616 Abbott Ave Dallas, TX 75224 Dallas, TX 75230 Dallas, TX 75205 Quick Trip Co. Robert Reeves & Assoc. Inc. Signs Manufacturing Teri Dorazil Robert Reeves William Watson 14450 Trinity Blvd. #300 900 Jackson St, Suite 160 4610 Mint Way Fort Worth, TX 76155 Dallas, TX 75202 Dallas, TX 75236 United HOA United HOA W.A.R.N. Norma Parry Thelma J. Norman Tashia Moseley 1515 Reynaldston Ln. 2628 Blackstone Dr. 5353 Maple Ave. Ste. 200 Dallas, TX 75232 Dallas, TX 75237 Dallas, TX 75235 Burk Lowe Clyde McClendon Gay Hopkins 6918 Redstart Ln 5809 Hudson St. 6030 Monticello Ave Dallas, TX 75214 Dallas, TX 75206 Dallas, TX 75206 Laura French Margaret L Ray Advocate 3856 W Beverly 3211 Cherrywood Rick Wamre Dallas, TX 75209 Dallas, TX 75235 6301 Gaston Ave, Ste 820 Dallas, TX 75214 35 Z067-284(RB) Belmont NA Cochran Heights Cochran Heights Avi S Adelman Hector Garcia Mitch Deshotels P O Box 721376 3601 Turtle Creek Blvd #901 5210 Alcott St Dallas, TX 75372 Dallas, TX 75219 Dallas, TX 75206 Cochran Heights Dixon Branch HOA Glencoe Park Karen Anderson Sue Harrington Holly Kuper 5122 Pershing St 11118 Yorkspring Dr 5522 Anita St Dallas, TX 75206 Dallas, TX 75218 Dallas, TX 75206 Glencoe Park Glencoe Park NA Greenland Hills Sally Garcia Mr & Mrs William Zeiss William A Payne 5623 Anita 5504 Ellsworth Ave 5523 Monticello Ave Dallas, TX 75206 Dallas, TX 75206 Dallas, TX 75206 EN Z067-284(RB) Greenville Merchants Assoc. Hollywood Santa Monica NA Junius Heights HOA Pat Baker Santos T. Martinez Kara Kunkel 2800 N. Henederson #200 1111 Cordova 5527 Tremont Street Dallas, TX 75206 Dallas, TX 75223 Dallas, TX 75214 Lower Greenville NA Lower Greenville NA Lower Greenville NA Kathryn Willison Maxine Aaronson Patricia Carr 5814 Morningside Ave. 600 N Pearl St, #2170 5843 Vanderbilt Ave. Dallas, TX 75206 Dallas, TX 75201 Dallas, TX 75206 Old E Dallas Renaissance Orion Real Estate Group Swiss Ave Hist Dist Assn Rick Leggio Bill Lamm V. McAlester/D. Savage 4503 Reiger Avenue PO Box 540021 5703 Swiss Avenue Dallas, TX 75246 Dallas, TX 75354 Dallas, TX 75214 White Rock NA Leslie Densmore 4027 Santa Barbara EN Z067-284(RB) Dallas, TX 75214 36 AGENDA ITEM # 64 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: December 8, 2010 COUNCIL DISTRICT(S): 3 DEPARTMENT: Sustainable Development and Construction CMO: A. C. Gonzalez, 671-8925 MAPSCO: 51A Q R SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for gas drilling and production on property zoned an IR Industrial Research District on south side of Jefferson Boulevard, east of Hardy Road adjacent to the water canal in the westernmost quadrant of the Hensley Field Airport and Naval Base Recommendation of Staff: Approval for a ten-year period with eligibility for automatic renewal of additional ten-year periods, subject to an existing site plan, operation plan for drilling, operation plan for production and conditions Recommendation of CPC: Denial Z090-211(WE) HONORABLE MAYOR AND CITY COUNCIL WEDNESDAY, DECEMBER 8, 2010 ACM: A. C. Gonzalez FILE NUMBER: Z090-211(WE) DATE FILED: May 25, 2010 LOCATION: South side of Jefferson Boulevard, east of Hardy Road adjacent to the water canal in the westernmost quadrant of the Hensley Field Airport and Naval Base COUNCIL DISTRICT: 3 MAPSCO: 51A-Q, R SIZE OF REQUEST: Approx. 3.67 acres CENSUS TRACT: 159.00 APPLICANT: XTO Energy Inc OWNER: City of Dallas REPRESENTATIVE: Dallas Cothrum MASTERPLAN REQUEST: An application for a Specific Use Permit for gas drilling and production on property zoned an IR Industrial Research District. SUMMARY: The purpose of this request is to allow for the drilling, and production of natural gas on a site at Hensley Field. CPC RECOMMENDATION: Denial without prejudice STAFF RECOMMENDATION: Approval for a ten-year period with eligibility for automatic renewal of additional ten-year periods, subject to an existing site plan, operation plan for drilling, operation plan for production and conditions. DESIGNATED ZONING CASE 1 Z090-211(WE) BACKGROUND INFORMATION: • The applicant’s request for a Specific Use Permit will allow for the operation and production of natural gas on Hensley Field, a de-commissioned naval air base. The applicant proposes to drill approximately 12 wells on a 3.67 acre site. • The request site is one of several proposed gas well sites on Hensley Field. The applicant could propose up to 9 additional drill sites on Hensley Field depending on the success of this site. Additional sites will require Specific Use Permits. • In September 2007, the City Council approved Ordinance No. 26920 requiring a Specific Use Permit for gas drilling and production in all zoning districts. • The City of Dallas has entered into an agreement with the applicant to lease the property for gas drilling and production. • The request site is zoned an IR Industrial Research District. An open channel water canal separates the proposed gas drilling site from the single family uses. The proposed wells are approximately 898 feet from the nearest residential use. Zoning History: There has not been any recent zoning changes request in the area. Thoroughfares/Streets: Thoroughfare/Street Type Existing Proposed ROW ROW Jefferson Boulevard Principal Arterial 100 ft. 100 ft. Land Use: Zoning Land Use Site IR Decommissioned Naval base North IR Undeveloped, Hensley Field South IR, R-7.5(A) Undeveloped, Lake East IR, R-7.5(A) Undeveloped, Hensley Field West IR Undeveloped Comprehensive Plan: The comprehensive plan does not make a specific land use recommendation related to the request, however the forwardDallas! Vision Illustration is comprised of a series of Building Blocks that shows general land use patterns. They are generalized patterns without well-defined boundaries that indicate where certain types and densities of development might logically occur. 2 Z090-211(WE) The request site lies within an Industrial Area Building Block. This Building Block offers important employment opportunities, occupy large areas of land and usually are near major roads and heavy rail lines. Evolving technology and the need for freight movement through Dallas to the rest of the country and internationally means this sector can offer good opportunities for jobs. Logistics and warehousing, a growing industry with strong potential for upward mobility of skilled workers, would thrive in such areas. Examples include Southport and the Agile Port, parts of West Dallas along I-30, and the Stemmons industrial area. These areas include a mix of low- and medium-density industrial buildings and industrial yards and have large surface parking for cars and trucks. Industrial Areas rely on quality road access and may be linked to rail for freight purposes. Street lanes are wide and intersections are large. Transit, sidewalks and other pedestrian improvements are limited STAFF ANALYSIS: Land Use Compatibility: The 3.67 acre site is undeveloped and is located on Hensley Field, a de-commissioned Naval air base, and is in close proximately to the City of Grand Prairie. An open channel water canal, which is west of the request site, will act as a buffer between the proposed gas site and an existing residential development. The nearest single family development is approximately 898 feet from the proposed site. The applicant’s request for a Specific Use Permit will permit the operation and production of gas drilling and extraction. In the Development Code, gas drilling and production means the activities related to the “the extraction of any fluid, either combustible or noncombustible, that is produced in a natural state from the earth and that maintains a gaseous or rarefied state at standard temperature and pressure conditions, or the extraction of any gaseous vapors derived from petroleum or natural gas.” The Development Code requires the applicant to provide the following site plans for a gas drilling and production use: • Site plan showing existing/original conditions; • Site/operation plan for the drilling phase; and • Site/operation plan for the production phase. The applicant has submitted the following plans for the Specific Use Permit application: an existing conditions plan, an operations plan for the drilling phase, and an operations plan for the production phase. The operation plan for the drilling phase addresses the natural-gas drilling. The plan shows the location of several temporary construction trailers, water tanks, mud tanks, and drilling equipment. A drilling rig with an approximate height of 160 feet will be on site during this phase. The building official will consider this as a temporary structure, similar to a crane used in constructing a tall building. The SUP conditions will limit the drilling phase for 90 days per calendar year, 3 Z090-211(WE) because drilling (with lighting) will be done 24 hours a day, and noise could impact the surrounding uses. There are two methods for drilling: an open-loop system and a closed-loop system. An open-loop system uses a lined mud-pit to hold mud. The mud-pit may be a safety hazard and may have a negative impact on adjacent property. In contrast, a closed- loop system uses tanks to hold the mud. There are fewer environmental concerns with a closed-loop system and the applicant is providing a drilling phase plans that will include a closed-loop system. The applicant is proposing to drill approximately 12 wells on site in an area that is 70 feet by 170 feet. The production plan shows an area in the southwest quadrant of the pad site that will store the equipment (e.g., horizontal separators, water tanks and gas lift compressors). The SUP area will be enclosed by an eight-foot-high chain link fence that will have a vinyl coating. The equipment being used for the drilling phase consists of water pumps, rigs floor, pumps, tanks generators and centrifuge. The location of the request site is located on an undeveloped portion of land within a de- commission naval air field. The request site is adjacent to an open channel water canal and is near the City of Grand Prairie. The applicant proposes to drill approximately 12 wells to extract natural gas from the site. There are several measures that are in place pursuant to the Dallas Development Code that requires the applicant to restore the site back to it natural state after the wells have been capped. In addition, there are additional provisions in the Code that require the right-of-ways (infrastructure) to be restored. Staff has reviewed the applicant’s request for a SUP for gas drilling and production and is recommending approval for a time period of 10 years with eligibility for automatic renewal of additional 10 year periods, subject to the attached plans and conditions. The City Plan Commission had concerns regarding the potential health of the general public and discussed holding the case under advisement until further studies/reports were concluded by the City of Fort Worth and TECQ. The recommendations from the proposed reports are projected to be released next year. The applicant requested that the City Plan Commission vote on the zoning request because of their obligations under the lease agreement. As a result of the applicant’s request, the City Plan Commission recommended denial without prejudice. The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the 4 Z090-211(WE) public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The request does not appear to have an adverse impact on the surrounding zoning and land uses. Development Standards: Lot Special DISTRICT SETBACKS Density Height PRIMARY Uses Front Side/Rear Coverage Standards 30’ adjacent to 2.0 FAR overall Industrial, wholesale 200’ Proximity Slope IR residential 15’ 0.75 office/ retail 15 stories 80% Visual Intrusion distribution & storage, Industrial research OTHER: 0.5 retail supporting office & retail No Min. Landscaping: The proposed pad site for a gas drilling and production use will not trigger any landscaping requirements that pertain to landscape requirements in Article X, as amended. The request site is heavily screened with vegetation along the southern and western portion of the Property. Due to the naval base being an emergency air base for commercial aircraft, any additional planting materials around the request area would not be recommended. Additional planting materials may attract birds to the area and could cause problems, if the de-commissioned air base becomes operational in the future. Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the request and determined that it will not impact the surrounding street system for the proposed development. The applicant proposes to access the site from W. Jefferson Boulevard. Upon entering the naval base, the large trucks will use the west taxiway to deliver the necessary equipment to the site. A proposed 30 foot gravel access road will be constructed from the west taxiway to the request site. Miscellaneous – Conditions: Staff incorporated additional regulations in the Specific Use Permit conditions that were proposed by the commissioner of the district even though the City Plan Commissioners did not recommend approval of the request. These additional conditions included: maximum number of wells, Chemical Additive Reports, Evaporation and Land Farming, Dehydration Operations, Water handling, Noise Management Plan, Leaks and Air and Production Samplings. CPC Action (October 21, 2010) Motion I: It was moved to recommend approval of for a Specific Use Permit for gas drilling and production for a ten-year period with eligibility for automatic renewal of additional ten-year periods, subject to an existing site plan, operation plan for drilling, operation plan for production and conditions (including conditions distributed at briefing) on property zoned an IR Industrial Research District on the south side of Jefferson Boulevard, east of Hardy Road adjacent to the water canal in the westernmost quadrant of the Hensley Field Airport and Naval Base with the following additional changes to the conditions 5 Z090-211(WE) distributed at the briefing: 1) Condition 14, NOISE MANAGEMENT PLAN (c) to read as follows: “detail how noise impacts will be mitigated (e.g., including the providing of acoustical absorption walls around the site to shield neighboring uses), considering specific site characteristics, including, but not limited to, the nature and location, proximity and type of adjacent development, seasonal prevailing weather patterns, including wind directions, vegetative cover on or adjacent to the site, and topography of the site.” 2) Condition 15, LEAKS to read as follows: “All flow lines, compression equipment and shut-off valves shall be inspected for leak detection at least annually, using infrared cameras, filtered and tuned for the wavelengths of sunlight absorbed and re- emitted by natural gas hydrocarbons, or other equally effective detection devices. Reports of such inspections shall be delivered to the Gas Inspector within 15 days of inspection, and no later than 90 days following the date of the preceding annual report. The Gas Inspector shall promptly forward such report to the Director and notify the Director of any potential violation.” 3) Condition 16, AIR SAMPLING to read as follows: “Ambient air sampling, prior to a drilling permit being issued and drilling activity commencing, must be performed to establish a baseline sample for air quality. A second sampling must be taken within 60 days of the first well entering a production phase and annually there after. Air samples must be taken by a qualified firm approved the director of the office of environmental quality. Samples will be analyzed by a qualified 3rd party laboratory, certified by industry standards, and all results will be provided to the city Gas Inspector within 15 days of issuance of the report. The Gas Inspector shall promptly forward such report to the Director and notify the Director of any potential violation.” and 4) Condition 17, PRODUCTION SAMPLING to read as follows: “Within 60 days of the first well entering production, gas samples must be taken and analyzed by a qualified 3rd party laboratory, certified by industry standards, and all results provided to the city Gas Inspector within 15 days of issuance of the report. The Gas Inspector shall promptly forward such report to the Director and notify the Director of any potential violation. Results must provide a thorough breakdown of the gas and record any presence of benzene, hydrocarbons or other constituents.” Maker: Anglin Second: Tarpley Result: Failed: 6 to 7 For: 6 - Anglin, Bagley, Tarpley, Bernbaum, Wolfish, Schwartz, Against: 7 - R. Davis, Wally, M. Davis, Rodgers, Lavallaisaa, Shellene, Peterson Absent: 1 - Alcantar Vacancy: 1 - District 6 6 Z090-211(WE) Substitute Motion: In considering an application for a Specific Use Permit for gas drilling and production on property zoned an IR Industrial Research District on south side of Jefferson Boulevard, east of Hardy Road adjacent to the water canal in the westernmost quadrant of the Hensley Field Airport and Naval Base, it was moved to hold this case under advisement until April 21, 2011 Maker: Peterson Second: Wally Commissioner Peterson withdrew his motion. Commissioner Wally withdrew her second. Motion: It was moved to recommend denial without prejudice for a Specific Use Permit for gas drilling and production on property zoned an IR Industrial Research District on south side of Jefferson Boulevard, east of Hardy Road adjacent to the water canal in the westernmost quadrant of the Hensley Field Airport and Naval Base. Maker: Peterson Second: Schwartz Result: Carried: 10 to 3 For: 10 - R. Davis, M. Davis, Rodgers, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Schwartz, Peterson Against: 3 - Wally, Anglin, Wolfish Absent: 1 - Alcantar Vacancy: 1 - District 6 Notices: Area: 1000 Mailed: 48 Replies: For: 0 Against: 3 Speakers: For: Dallas Cothrum, 900 Jackson St., Dallas, TX, 75202 Walter Dueease, 810 Houston St., Fort Worth, TX, 76102 William Cothrum, 900 Jackson St., Dallas, TX, 75202 Against: Raymond Crawford, 2647 Southwood Dr., Dallas, TX, 75233 Mariana Griggs, 1803 Marydale Dr., Dallas, TX, 75208 Marc McCord, 7660 La Bolsa Dr., Dallas, TX, 75248 Jennifer Land, 3905 Weeburn Dr., Dallas, TX, 75229 Timothy Ruggiero, 415 Star Shell Rd., Decater, TX, 76234 Cherelle Blazer, 4815 Darko Dr., Dallas, TX, 75232 Darryl Baker, 2606 Woodmere Dr., Dallas, TX, 75233 Molly Rooke, 5825 Palm Ln., Dallas, TX, 75206 7 Z090-211(WE) Jim Schermbeck, P.O. Box 253, Slaton, TX, 79369 Jeffery Jacoby, 5920 La Vista Dr., Dallas, TX, 75206 Michele R. Vaughan, 5920 La Vista Dr., Dallas, TX, 75206 Lynn Rooks, 4413 Worth St., Dallas, TX, 75246 Kathryn Rowe, 3140 N. Hall St., Dallas, TX, 75204 Against (Did not speak): Peter Wilson, 8650 Southwestern Blvd., Dallas, TX, 75206 Kevin Vilbig, 8780 Park Ln., Dallas, TX, 75231 Ana Badillo, 4208 Lafayette, Dallas, TX, 75204 J.W. Fain Sr., 3134 Carlson, Dallas, TX, 75235 Daryel McCortt, 4509 Club Estates, Mesquite, TX, 75150 Emily Gammage, 1000 Liberty Cr., Hurst, TX, 76053 Joshua Rollins, 7575 Frankford, Dallas, TX, 75252 Cynthia Gaertner, 8033 Forest Trail, Dallas, TX, 75238 Jane Hoffman, 10720 Sandpiper Ln., Dallas, TX, 75230 Leslie Durlham, 9920 Ridgehaven Dr., Dallas, TX, 75238 Tony Nuncio, 1511 Briarcrest Dr., Dallas, TX, 75224 Justen Ray, 7407 Fair Oaks Ave., Dallas, TX, 75231 David McFatridge, 101 S. Mountain Ridge, Cresson, TX, 76035 Alisa Livingstone, 4207 Live Oak St., Dallas, TX, 75204 Anna Rowe, 5723 Charlestown Dr., Dallas, TX, 75230 Maralyn Hamaker, 1139 Haines Ave., Dallas, TX, 75208 Anita Hamakert, 1137 Haines Ave., Dallas, TX, 75208 Eric Harvey, 4216 Glenwood Ave., Dallas, TX, 75205 Noel Navarrete, 2019 Cloudcroft, Dallas, TX, 75224 Giovanni Salazar, 4420 Fair Vista, Dallas, TX, 75227 Alberto Nunez, 7106 Lovett Ave., Dallas, TX, 75227 Lauren Wyatt, 1240 Dalhart Dr., Richard, TX, 75080 Erica Peterson, 4421 Worth St., Dallas, TX, 75246 Sarah Semrad, 108 S. Rosemont Ave., Dallas, TX, 75208 Thao Reeves, 5804 Kenwood Ave., Dallas, TX, 75206 David Griggs, 13214 Glad acres Dr., Dallas, TX, 75234 Joen Mein, 1415 San Saba Dr., Dallas, TX, 75218 Emily Gossett, 7223 Fenton Dr., Dallas, TX, 75231 John Prude, 6967 Helsem Way, Dallas, TX, 75230 Patty Ballard, 8235 Hunnicut Rd., Dallas, TX, 75228 Roydrick West, 2309 Rexlawn Dr., Dallas, TX, 75227 Crisel Vargas, 6715 Overpark Ct., Dallas, TX, 75217 Amber Bynum, Address not given Nicole Horn, 826 ½ N. Clinton Ave., Dallas, TX, 75208 Susan Read, 508 Edgeview, Grand Prairie, TX, 75052 Canoace Weinberg, 3930 McKinney Ave., Dallas, TX, 75204 City Staff: Bonnie Meeder, Sustainable Development and Construction Kris Sweckard, Office of Environmental Quality 8 Z090-211(WE) XTO ENERGY INC OFFICERS • Bob R. Simpson Chairman of the Board • Keith A. Hutton Chief Executive Officer • Vaughn O. Vennerberg II President • Louis G. Baldwin Executive Vice President and CFO • Timothy L. Petrus Executive Vice President – Acquisitions • James L. Death Senior Vice President – Land • Edwin S. Ryan, Jr. Senior Vice President – Land Administration • Mark J. Pospisil Senior Vice President of Geology • Timothy Mcllwain Vice President of Operations – FW Division • Lindsey Dingmore Vice President of Government and Regulatory Affairs PELOTON LAND SOLUTIONS, LLLP • Aric A. Head Managing Partner • Richard R. Payne Managing Partner • Patrick A. Smith Managing Partner 9 Z090-211(WE) STAFF’S PROPOSED SUP CONDITIONS 1. USE: The only use authorized by this specific use permit is gas drilling and production. 2. SITE/OPERATION PLANS: Use and develop the Property must compliance with the following attached site and operation plans: (a) Site plan showing existing/original conditions; (b) Site/operation plan for the drilling phase; and (c) Site/operation plan for the production phase. 3. TIME LIMIT: Except as provided in Paragraph (4)(b), this specific use permit expires on (ten year from passage of ordinance), but is eligible for automatic renewal for additional 10-year periods pursuant to Section 51A-4.219 of Chapter 51A of the Dallas City Code, as amended. For automatic renewal to occur, the Property owner must file a complete application for automatic renewal with the director before the expiration of the current period. Failure to timely file a complete application will render this specific use permit ineligible for automatic renewal. (Note: The Code currently provides that applications for automatic renewal must be filed after the 180th but before the 120th day before the expiration of the current specific use permit period. The Property owner is responsible for checking the Code for possible revisions to this provision. The deadline for applications for automatic renewal is strictly enforced.) (b) The Operator shall notify the building official in writing at least 10 days before permanently stopping gas production (abandoning the well). Once the Operator permanently stops production, this specific use permit expires after the Operator restores the Property in accordance with Article XII. After the Operator restores the Property, a new specific use permit is required for any other gas drilling and production operation. 4. HEIGHT: Except temporary structures authorized by the building official, no structure may exceed 24 feet in height. 5. TIME LIMITS ON OPERATIONS: The following limits on operations apply to the gas drilling and production use: (a) DRILLING PHASE: Gas drilling activities may occur 24 hours a day, seven days a week. If a residential use is located within 600 feet of the operation site, the Operator shall begin drilling all of the wells approved by the SUP within one year after receiving a gas well permit for the first well. See Section 51A- 12.105(d)(6). 10 Z090-211(WE) (b) FRACTURING and REWORKING PHASE: (1) Except as provided in this subsection, fracturing may occur during daylight hours, seven days a week, except that flowback operations may occur 24 hours a day, seven days a week. See Section 51A- 12.105(m)(1). (2) Except as provided in this subsection, reworking may occur 24 hours a day, seven days a week. (3) If a residential use is located within 600 feet of the operation site, fracturing and reworking may occur no more than 90 days in any 365 day period. (c) PRODUCTION PHASE: Gas production may occur at any time of day, but the Operator must make any repairs or improvements, other than fracturing or reworking, between 6:00 am to 9:00 pm, Monday through Saturday, except that emergency repairs may be made at any time. 6. MANEUVERING SURFACE: Vehicle maneuvering surfaces must be gravel or a similar material in the locations shown on the site/operation plans. 7. PERMITS: The building official may not issue a certificate of occupancy for a gas drilling and production use until the Operator obtains all required permits from the Railroad Commission of Texas, Texas Commission on Environmental Quality, and all other state, federal, or city agencies. 8. SIGNS: Signs must comply with the provisions for non-business zoning districts in Article VII and gas drilling and production in Article XII. 9. MAXIMUM NUMBER OF WELLS: No more than 12 wells may be on this site. 10. CHEMICAL ADDITIVE REPORTS: At least 10 days prior to commencement of drilling or hydraulic fracturing operations, the Operator will deliver to the Gas Inspector (both as defined in Sec. 51A-12.102.b) a completed Material Safety Data Sheet ("MSDS") containing an accurate inventory of chemicals to be injected into the well bore for the purpose of drilling or hydraulic fracturing, or related well bore activities. Such MSDS reports shall disclose every chemical to be used, including quantity, concentrations, combinations, and formulations, sufficient to satisfy the Gas Inspector that full disclosure has been made. All such reports shall be reasonably available to the public upon request. Any failure or refusal to provide such MSDS reports to the Gas Inspector as provided herein shall be a violation as defined in Sec. 51A-12.105(h) and Sec. 51A- 12.109. 11. EVAPORATION AND LAND FARMING: No open holding or evaporation pits or "land farming" processes (as that term is commonly understood in the industry) 11 Z090-211(WE) shall be allowed on the site, and all operations shall be conducted on a "closed loop system" basis, as that term is defined in Sec. 51A-12.102(5). 12. DEHYDRATION OPERATIONS: Unless other equivalent means are proposed by Operator and approved by the Gas Inspector, all gas dehydration operations shall be handled by zero-emission separators to minimize fugitive emissions. 13. WATER HANDLING: Within a reasonable time (to be determined by the Director) the Operator shall transmit a certified disclosure to the Gas Inspector stating the amounts and sources of all water actually used in any hydraulic fracturing operation. Within a reasonable time (to be determined by the Director) the Operator shall transmit a certified disclosure to the Gas Inspector stating the quantity of all flow-back or produced fluids recovered from each will. Within a reasonable time (to be determined by the Director) the Operator shall transmit a certified disclosure to the Gas Inspector stating the final destination of all fluids, slurries and muds removed from the site for disposal or reprocessing. 14. NOISE MANAGEMENT PLAN: Prior to the issuance of a gas well permit and the commencement of operations, the Operator shall submit a Noise Management Plan detailing how the equipment used in the drilling, completion, transportation, or production of the well(s) complies with the maximum permissible noise levels set forth in the applicable city ordinance. The noise management plan must: (a) identify operation noise impacts; (b) provide documentation of a professional 72-hour study establishing the Ambient Noise Level prior to construction at the site; and (c) detail how noise impacts will be mitigated (e.g., the providing of acoustical absorption walls around the site to shield neighboring uses), considering specific site characteristics, including, but not limited to, the nature and location, proximity and type of adjacent development, seasonal prevailing weather patterns, including wind directions, vegetative cover on or adjacent to the site, and topography of the site. The Operator shall be responsible for verifying to the Gas Inspector compliance with this condition and with the noise management plan after the installation of noise generating equipment. Approval of such Noise Management Plan by the Gas Inspector shall be a prerequisite to issuance of a gas well permit for the site. 15. LEAKS: All flow lines, compression equipment and shut-off valves shall be inspected for leak detection at least annually, using infrared cameras, filtered and tuned for the wavelengths of sunlight absorbed and re-emitted by natural gas hydrocarbons, or other equally effective detection devices. Reports of such inspections shall be delivered to the Gas Inspector within 15 days of inspection, and no later than one year following the date of the preceding annual report. 12 Z090-211(WE) 16. AIR SAMPLING: Ambient air sampling, prior to a drilling permit being issued and drilling activity commencing, must be performed to establish a baseline sample for air quality. A second sampling must be taken within 60 days of the first well entering a production phase and annually there after. Air samples must be taken by a qualified firm approved the director of the office of environmental quality. Samples will be analyzed by a qualified 3rd party laboratory, certified by industry standards, and all results will be provided to the city. 17, PRODUCTION SAMPLING: Within 60 days of the first well entering production, gas samples must be taken and analyzed by a qualified 3rd party laboratory, certified by industry standards, and all results provided to the city. Results must provide a thorough breakdown of the gas and record any presence of benzene, hydrocarbons or other constituents. 18. MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance. 19. GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and City of Dallas ordinances, rules, and regulations, including the gas drilling regulations. 13 Z090-211(WE) EXISTING CONDITIONS 14 Z090-211(WE) DRILLING PLAN Closed loop mud system 15 Z090-211(WE) PRODUCTION PLAN 16 Z090-211(WE) 17 Z090-211(WE) Undeveloped Undeveloped Single Family 18 Z090-211(WE) CPC RESPONSES 19 Z090-211(WE) Notification List of Property Z090-211 48 Property Owners Notified 3 Property Owners Opposed 0 Property Owners in Favor Vote Label Address Owner 1 2233 MOUNTAIN CREEK PK MARNAT CREEK LTD PTNSHP 2 2233 MOUNTAIN CREEK PK TEXAS UTILITIES ELEC CO 3 2600 MOUNTAIN CREEK EXTEX LAPORTE L P 4 1774 NINA BEAZER HOMES TEXAS LP 5 1916 COURTSIDE DERRICK MAXWELL & KRYSTAL 6 1901 COURTSIDE TCIF LLC 7 1905 COURTSIDE ROJAS ADELA & 8 1909 COURTSIDE VARGAS FELIX SR 9 1913 COURTSIDE SAYER JENNY 10 1917 COURTSIDE PADILLA OCTAVIANA J & 11 1921 COURTSIDE ALONSO ROXANNA & X 12 1925 COURTSIDE TOMASZEWSKI SERGIO & X 13 1929 COURTSIDE ALLEN FREDERICK E 14 1933 COURTSIDE HAWKINS IRVIN 15 1937 COURTSIDE BIRDOW AMERA M 16 1941 COURTSIDE NUNEZ CARLOS 17 1945 COURTSIDE SECRETARY OF HOUSING & URBAN DEV 18 1949 COURTSIDE MOCTEZOMA ANGELICA 19 1953 COURTSIDE MAYORE DUKE O 20 1957 COURTSIDE GALLARDO PATRICIA A 21 1961 COURTSIDE DIEFER INVESTMENTS 22 1965 COURTSIDE ALVAREZ CRECENCIO III 23 1969 COURTSIDE MITCHELL MARTHA 24 1973 COURTSIDE KALENA KAREN M 25 1977 COURTSIDE BREINDEL TONI 26 1981 COURTSIDE ARENAS RICHARD Friday, October 22, 2010 20 Z090-211(WE) Vote Label Address Owner 27 1985 COURTSIDE CROCKETT CHARLES B & 28 1993 COURTSIDE MAE FANNIE 29 1997 COURTSIDE MARUPUDI KUMARA S 30 1602 NINA MARUPUDI LAKSHMI D 31 1606 NINA MARUPUDI LASKSHMI & 32 1926 COURTSIDE MARTINEZ IMELDA 33 1930 COURTSIDE ARRUBLA LUIS X 34 1934 COURTSIDE WILSON COREY J 35 1938 COURTSIDE RAMIREZ ALFONSO & 36 1942 COURTSIDE HAYES SARITA 37 1946 COURTSIDE LOPEZ MARIA & 38 1950 COURTSIDE TREVINO FRANCISO & JUANA 39 1954 COURTSIDE MARTINEZ JOSE 40 1958 COURTSIDE UME GENEVIEVE 41 1962 COURTSIDE COLBERT MILTON 42 1966 COURTSIDE SHAMSHOIAN SID B 43 1970 COURTSIDE WILLIAMS TASHA 44 1974 COURTSIDE CONEJO TOMAS M & 45 1978 COURTSIDE URUETA ALEJANDRO 46 1982 COURTSIDE KIMBLE DONALD W & 47 1986 COURTSIDE DINH MAI & TUAN NGUYEN 48 1990 COURTSIDE GONZALEZ MARIO A & BLANCA Friday, October 22, 2010 21 AGENDA ITEM # 65 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: December 8, 2010 COUNCIL DISTRICT(S): 14 DEPARTMENT: Sustainable Development and Construction CMO: A. C. Gonzalez, 671-8925 MAPSCO: 45 F G L K SUBJECT A public hearing to receive comments regarding a City Plan Commission authorized hearing to determine proper zoning relative to appropriate sign standards in the Arts District Special Provision Sign District including, but not limited to, provisions to allow video board signs, LED signs, and construction barricade signs in an area generally bounded by Harwood Street to the southwest, Woodall Rodgers Freeway to the northwest, Routh Avenue to the east, and Ross Avenue to the southeast and an ordinance granting revisions to the Arts District Special Provision Sign District Recommendation of Staff and CPC: Approval SPSD089-002 HONORABLE MAYOR AND CITY COUNCIL WEDNESDAY, DECEMBER 8, 2010 ACM: A. C. Gonzalez FILE NUMBER: SPSD089-002 DATE INITIATED: June 11, 2009 DATE AMENDED: September 2, 2010 LOCATION: Area generally bounded by Harwood Street to the southwest, Woodall Rodgers Freeway to the northwest, Routh Avenue to the east, and Ross Avenue to the southeast. COUNCIL DISTRICT: 14 MAPSCO: 45 F, G, L, K SIZE OF REQUEST: Approx 60 acres CENSUS TRACT: 0021.00, 0017.01 PROPOSAL: A City Plan Commission authorized hearing to determine proper zoning relative to appropriate sign standards in the Arts District Special Provision Sign District including, but not limited to, provisions to allow video board signs, LED signs, and construction barricade signs. SUMMARY: The purpose of this authorization is to determine if provisions for new signage in the Arts District Special Provision Sign District is warranted. STAFF RECOMMENDATION: Approval CPC RECOMMENDATION: Approval DESIGNATED ZONING CASE 1 SPSD 089-002 BACKGROUND INFORMATION: • The City Plan Commission of the City of Dallas authorized a hearing on June 11, 2009 to determine the proper special sign district regulations on property regulated by the Arts District Special Provision Sign District, with consideration being given to provide regulations governing signs related to cultural institutions for the performing or visual arts. • On September 2, 2010, the City Plan Commission amended the previously authorized hearing, and added non-premise construction barricade signs. • Signage within the Arts District Special Provision Sign Districts is limited to the existing signage types defined within the Arts District Special Provision Sign District code. Under current regulations, video boards, LED displays and construction barricade signs are not allowed. • The Arts District Sign Review Committee (ADSRC) met with property owner representatives and considered the proposed amendments twice, and recommended approval of the proposed new sign types. STAFF ANALYSIS: Planning staff worked with representatives of the Arts District property owners and the Arts District Sign Review Committee (ADSRC) to formulate a proposal that would address the needs identified, while insuring the signage would be appropriate for the Arts District tenants, and the signs would not be allowed to proliferate on an individual building. New sign types for the Arts District would include the following: (a) CANOPY FASCIA SIGN means a changeable message, digital display sign which is integrated into the canopy. Canopy fascia signs may only be located on a building located on Flora Street, with a maximum of two canopy fascia signs, one per building side allowed. The maximum height of a canopy fascia sign is four feet, and the maximum length of a canopy fascia sign is 74 feet, with a maximum effective area of 496 square feet. Canopy fascia signs may only display premise and sponsorship content. (b) CONSTRUCTION BARRICADE SIGN means a sign located around construction or a construction site and may be affixed to a fence. Minimum 10 percent of the effective area of the sign must display the names of the owner, occupant, district or abutting district sponsor, district or abutting district activity, and district or abutting district park name. Non-premise messages are allowed, with a limit of one non-premise message per side, per elevation, along a continuous street frontage. A sign that is affixed to a construction barricade must be removed when the construction barricade is removed. 2 SPSD 089-002 The message area on a construction barricade sign may be fully decorated or graphically designed if no decoration or graphic horizontally projects more than two inches from the surface of the barricade; or no decoration or graphic vertically projects more than four feet above the top of the barricade. (c) CULTURAL INSTITUTION DIGITAL POSTERCASE SIGN means a monument sign that identifies the cultural institution, district, sponsor, or the arts organization such as a symphony, dance troupe, or theatre group that uses that cultural institution. Cultural institution digital postercase signs must be monument signs, with a maximum of six cultural institution digital postercase signs allowed. Cultural institution digital postercase signs may only display premise and sponsorship content. One digital postercase sign is allowed near Woodall Rogers and Jack Evans Street, with a maximum height of 50 feet and a maximum length of 20 feet. The maximum effective area is 1,000 square feet, per side, and no minimum setback is required. One digital postercase sign is allowed near Ross Avenue and Leonard Street, with a maximum height of 25 feet and a maximum length of 12 feet. The maximum effective area is 420 square feet, per side, and the minimum setback is 15 feet. Four digital postercase signs are allowed near Flora Street, each with a maximum height of 7 feet and a maximum length of 3.5 feet. The maximum effective area is 8 square feet, per side, and no minimum setback is required. (d) FREESTANDING IDENTIFICATION SIGN means a monument sign that identifies the cultural institution, district, sponsor, or the arts organization such as a symphony, dance troupe, or theater group that uses the cultural institution and is located abutting the retail pavilion which sells tickets to the cultural institution. Freestanding identification signs must be monument signs, with a maximum of three freestanding identification signs allowed. The maximum height of a freestanding identification sign is 20 feet, with a maximum length of 8 feet. The maximum effective area of a freestanding identification sign is 160 square feet, per side, with no minimum setback required. Freestanding identification signs may only display premise and sponsorship content. 3 SPSD 089-002 ADSRC ACTION (August 24, 2010) Motion: It was moved to approve the Canopy Signs provision, as submitted on 8/24/10. Maker: Tarpley Second: Bauer Result: Carried: 4 to 0 For: 4 - Bauer, Van Dermark, Winn, Tarpley Against: 0 Absent: 1 – Enloe Conflict: 1 - Gomez Motion: It was moved to approve the Freestanding ID Signs provision, as submitted on 8/24/10, with the following change: the maximum number of Freestanding ID signs allowed is 3. Maker: Tarpley Second: Bauer Result: Carried: 4 to 0 For: 4 - Bauer, Van Dermark, Winn, Tarpley Against: 0 Absent: 1 – Enloe Conflict: 1 – Gomez Motion: It was moved to approve the Cultural Institution Digital Postercase Signs provision, as submitted on 8/24/10, with the following change: the maximum number of the 6.5-foot tall signs allowed is 4. Maker: Bauer Second: Tarpley Result: Carried: 4 to 0 For: 4 - Bauer, Van Dermark, Winn, Tarpley Against: 0 Absent: 1 – Enloe Conflict: 1 – Gomez 4 SPSD 089-002 Motion: It was moved to approve the Operational Requirements for Signs with Digital Displays provision, as submitted on 8/24/10, with the following revision: ticker tape streaming is permitted only under a Special Events permit. Maker: Tarpley Second: Winn Result: Carried: 4 to 0 For: 4 - Bauer, Van Dermark, Winn, Tarpley Against: 0 Absent: 1 – Enloe Conflict: 1 – Gomez Motion: It was moved to approve the Signs on Construction Barricades provision, as submitted on 8/24/10, with the following changes: 1) removal of scaffolding or construction netting from the definition; 2) Minimum of 10% of the effective area of the sign on each street frontage must display the name of the owner, occupant, district or abutting district sponsor, district or abutting district activity, or park name; and 3) limited non-premise product placement ads to one advertiser per street frontage. Maker: Bauer Second: Tarpley Result: Carried: 4 to 0 For: 4 - Bauer, Van Dermark, Winn, Tarpley Against: 0 Absent: 1 – Enloe Conflict: 1 – Gomez CPC ACTION (October 21, 2010) Motion: It was moved to recommend approval of an amendment to the Arts District Special Provision Sign District to include, video board signs, LED signs, and construction barricade signs in an area generally bounded by Harwood Street to the southwest, Woodall Rodgers Freeway to the northwest, Routh Avenue to the east, and Ross Avenue to the southeast with the smaller monument sign be 7.0 feet. 5 SPSD 089-002 Maker: Peterson Second: Bernbaum Result: Carried: 9 to 4 For: 9 - R. Davis, Anglin, M. Davis, Lavallaisaa, Tarpley, Shellene, Bernbaum, Schwartz, Peterson Against: 4 - Wally, Rodgers, Bagley, Wolfish Absent: 1 - Alcantar Vacancy: 1 - District 6 Notices: Area: 200 Mailed: 165 Replies: For: 0 Against: 1 Speakers: For: Suzan Kedron, 901 Main St., Dallas, TX, 75202 Michael Korns, 5420 Kingston, Richardson, TX Veletta Forsythe Lill, 622 Blair Blvd., Dallas, TX, 75223 For (Did not speak): Franchesca Guzman, 510 Kelly Ct., Duncanville, TX, 75137 Against: Michael Veale, 1717 Arts Plaza, Dallas, TX, 75201 Against (Did not speak): Noel Navarrete, 2019 Cloudcroft Cir., Dallas, TX, 75224 6 SPSD 089-002 10-14-10 ORDINANCE NO. ______ An ordinance amending Chapter 51A, "Dallas Development Code: Ordinance No. 19455, as amended," of the Dallas City Code by amending Sections 51A-7.1203, 51A- 7.1207, 51A-7.1208; adding new Sections 51A-7.1205.1, 51A-7.1211, 51A-7.1212, 51A- 7.1213, 51A-7.1214, 51A-7.1215; amending the Arts District Sign District by defining canopy, monument sign, premise, and sponsorship content; defining and allowing canopy fascia signs, cultural institution digital postercase signs, freestanding identification signs, and construction barricade signs; providing for operational requirements for signs with digital displays; defining the Arts District Sign District as a commercial zone for purposes of applying the Federal and Texas Highway Beautification Acts; providing a penalty not to exceed $2,000; providing a saving clause; providing a severability clause; and providing an effective date. WHEREAS, the city plan commission and the city council, in accordance with the Charter of the City of Dallas, the state law, and the ordinances of the City of Dallas, have given the required notices and have held the required public hearings regarding this amendment to the Dallas City Code; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. Section 51A-7.1203, “Definitions,” of Division 51A-7.1200, “Provisions for Arts District Sign District” of Article VII, “Sign Regulations,” of Chapter 51A, "Dallas Development Code: Ordinance No. 19455, as amended," of the Dallas City Code is amended by adding Paragraph 7.1, “Canopy,” Paragraph 7.2, “Canopy Fascia Sign,” Paragraph 9.0, “Construction Barricade Sign,” Paragraph 9.1.1, “Cultural Institution Digital Sign,” Paragraph 12.1, “Freestanding Identification Sign,” Paragraph 17.1, “Monument Sign,” Paragraph 18.1, “Premise,” and Paragraph 24.1, “Sponsorship Content,” to read as follows: 7 SPSD 089-002 “(7.1) CANOPY means a permanent non-fabric architectural element projecting from the face of a building. (7.2) CANOPY FASCIA SIGN means a sign with a digital display that is attached to, applied on, or supported by the fascia of a canopy. (9.0) CONSTRUCTION BARRICADE SIGN means a sign that is affixed to a construction barricade. (9.1.1) CULTURAL INSTITUTION DIGITAL SIGN means a monument sign with a digital display that identifies the cultural institution, the district, a sponsor of the cultural institution, district, or arts organization, or the arts organization such as a symphony, dance troupe, or theatre group that uses that cultural institution. (12.1) FREESTANDING IDENTIFICATION SIGN means a monument sign that identifies the cultural institution, the district, a sponsor of the cultural institution, district, or arts organization, or the arts organization such as a symphony, dance troupe, or theater group that uses the cultural institution. (17.1) MONUMENT SIGN means a detached sign applied directly onto a grade-level support structure (instead of a pole support) with no separation between the sign and grade. (18.1) PREMISE means the entire Arts District Sign District land area as defined in 51A-7-1201(a). (24.1) SPONSORSHIP CONTENT means goods and services sold by the sponsor of the cultural institution, district, or arts organization whether sold on or off the premises.” SECTION 2. That Division 51A-7.1200, “Provisions for Arts District Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended," of the Dallas City Code is amended by adding new Section 51A-7.1205.1, “Operational Requirements for Signs with Digital Displays,” to read as follows: “SEC. 51A-7.1205.1. OPERATIONAL REQUIREMENTS FOR SIGNS WITH DIGITAL DISPLAYS. (a) Display. All signs with digital display: (1) must contain a default mechanism that freezes the image in one position in case of a malfunction; (2) must automatically adjust the sign brightness based on natural ambient light conditions in compliance with the following formula: 8 SPSD 089-002 (A) the ambient light level measured in luxes, divided by 256 and then rounded down to the nearest whole number, equals the dimming level; then (B) the dimming level, multiplied by .0039 equals the brightness level; then (C) the brightness level, multiplied by the maximum brightness of the specific sign measured in nits, equals the allowed sign brightness, measured in nits. For example: 32768 = ambient light in luxes ÷ 256 128 = dimming level x .0039 .4992 = brightness level x 9000 = (maximum brightness of the example sign) 4492.8 = allowed brightness in nits; and (3) may not display light of such intensity or brilliance to cause glare, impair the vision of an ordinary driver, or constitute a nuisance. (4) must have a full color display able to display a minimum of 281 trillion color shades; and (5) must be able to display a high quality image with a minimum resolution equivalent to the following table: Digital Display Sign Resolution Chart Size of LED Panel Maximum Pixel Size 100 s/f to 125 s/f 16 mm Greater than 126 s/f 19 mm (b) Light intensity. Before the issuance of a sign permit for a sign with a digital display, the applicant shall provide written certification from the sign manufacturer that: (1) the light intensity has been factory programmed to comply with the maximum brightness and dimming standards in the table in Subparagraph (a)(2); and (2) the light intensity is protected from end-user manipulation by password-protected software, or other method satisfactory to the building official. (c) Change of message. Except as provided in this section, changes of message must comply with the following: (1) Each message must be displayed for a minimum of eight seconds. 9 SPSD 089-002 (2) Changes of message must be accomplished within two seconds. (3) Changes of message must occur simultaneously on the entire sign face. (4) No flashing, dimming, or brightening of message is permitted except to accommodate changes of message. (d) Streaming information. If a special events permit has been issued for district activities, ticker tape streaming and streaming video and audio is permitted. (e) Malfunction. Digital display sign operators must respond to a malfunction or safety issue within one hour after notification.” SECTION 3. That Paragraph (1) of Subsection (a), “In General,” of Section 51A- 7.1207, “Attached Private Signs,” of Division 51A-7.1200, “Provisions for Arts District Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(1) This section applies to all attached private signs except building identification signs, [and] cultural institution identification signs, and canopy fascia signs. For the regulations governing building identification signs, see Section 51A-7.1209. For the regulations governing cultural institution identification signs, see Section 51A- 7.1210. For the regulations governing canopy fascia signs, see Section 51A-7.1211.” SECTION 4. That Subsection (a), “Detached Non-Premise Signs,” of Section 51A-7.1208, “Detached Private Signs,” of Division 51A-7.1200, “Provisions for Arts District Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(a) Detached non-premise signs. Detached non-premise private signs are prohibited in this district. This provision does not apply to: (1) sponsorship messages on canopy fascia signs, cultural institution digital signs, and freestanding identification signs; or (2) non-premise messages allowed on construction barricade signs.” 10 SPSD 089-002 SECTION 5. That Paragraph (1) of Subsection (b), “Detached Premise Signs,” of Section 51A-7.1208, “Detached Private Signs,” of Division 51A-7.1200, “Provisions for Arts District Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(1) This subsection applies to all detached premise signs except building identification signs, [and] cultural institution identification signs, cultural institution digital signs, freestanding identification signs, and construction barricade signs. For the regulations governing building identification signs, see Section 51A- 7.1209. For the regulations governing cultural institution identification signs, see Section 51A-7.1210. For the regulations governing cultural institutional digital signs, see Section 51A-7.1212. For the regulations governing freestanding identification signs, see Section 51A-7.1213. For the regulations governing construction barricade signs, see Section 51A-7.1214.” SECTION 6. That Division 51A-7.1200, “Provisions for Arts District Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended," of the Dallas City Code is amended by adding new Section 51A-7.1211, “Canopy Fascia Signs,” to read as follows: “SEC. 51A-7.1211. CANOPY FASCIA SIGNS. (a) This section applies only to canopy fascia signs as defined in Section 51A- 7.1203. (b) Canopy fascia signs must comply with the operational requirements in Section 51A-7.1205.1. (c) Canopy fascia signs may only be located on buildings fronting on Flora Street. (d) A maximum of two canopy fascia signs per building is allowed. Only one canopy fascia sign is allowed on a building facade. (e) Maximum height of a canopy fascia sign is four feet. (f) Maximum length of a canopy fascia sign is 74 feet. (g) Maximum effective area of a canopy fascia sign is 496 square feet. 11 SPSD 089-002 (h) Canopy fascia signs may only display premise and sponsorship content.” SECTION 7. That Division 51A-7.1200, “Provisions for Arts District Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended," of the Dallas City Code is amended by adding new Section 51A-7.1212, “Cultural Institution Digital Signs,” to read as follows: “SEC. 51A-7.1212. CULTURAL INSTITUTION DIGITAL POSTERCASE SIGNS. (a) This section applies only to cultural institution digital signs as defined in Section 51A-7.1203. (b) Cultural institution digital signs must comply with the operational requirements in Section 51A-7.1205.1. (c) A maximum of six cultural institution digital signs are allowed. (1) One cultural institution digital sign is allowed at the northwest corner of the intersection of Woodall Rogers and Jack Evans Street. (A) Maximum height is 50 feet. (B) Maximum width is 20 feet. (C) Total maximum effective area is 1,000 square feet, per side. Maximum effective area for identification of sponsor is 400 square feet, per side. (D) Minimum setback is 12 feet from back of curb. (2) One cultural institution digital sign is allowed at the near corner of the intersection of Ross Avenue and Leonard Street. (A) Maximum height is 35 feet. (B) Maximum width is 12 feet. (C) Total maximum effective area is 420 square feet, per side. Maximum effective area for identification of sponsor is 144 square feet, per side. (D) Minimum setback is 35 feet from back of curb. (3) Four cultural institution digital signs are allowed along Flora Street. (A) Maximum height is 7 feet. 12 SPSD 089-002 (B) Maximum width is 3.5 feet. (C) Total maximum effective area is 8 square feet, per side. Maximum effective area for identification of sponsor is 1.25 square feet, per side. (D) Minimum setback is 30 feet from back of curb. (d) Cultural institution digital postercase signs may only display premise and sponsorship content.” SECTION 8. That Division 51A-7.1200, “Provisions for Arts District Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended," of the Dallas City Code is amended by adding new Section 51A-7.1213, “Freestanding Identification Signs,” to read as follows: “SEC. 51A-7.1213. FREESTANDING IDENTIFICATION SIGNS. (a) This section applies only to freestanding identification signs as defined in Section 51A-7.1203. (b) A maximum of three freestanding identification signs are allowed only along Flora Street. (c) Maximum height is 20 feet. (d) Maximum width is 8 feet. (e) Maximum effective area is 160 square feet, per side. (f) Minimum setback is 30 feet from back of curb. (g) Freestanding identification signs may only display premise and sponsorship content.” SECTION 9. That Division 51A-7.1200, “Provisions for Arts District Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended," of the Dallas City Code is amended by adding new Section 51A-7.1214, “Signs on Construction Barricades,” to read as follows: “SEC. 51A-7.1214. CONSTRUCTION BARRICADE SIGNS. 13 SPSD 089-002 (a) This section applies only to construction barricade signs as defined in Section 51A-7.1203. (b) Minimum 10 percent of the effective area of the sign must display the names of the owner, occupant, district sponsor, district activity, or Woodall Rogers Park name or activity. (c) Non-premise messages are allowed. Only one non-premise message along a street frontage is allowed. Non-premise messages must comply with the size limitations of the Federal and Texas Highway Beautification Acts. (d) Construction barricade signs must be removed when the construction barricade is removed. (e) The message area on a construction barricade sign may be fully decorated or graphically designed if: (1) no decoration or graphic horizontally projects more than two inches from the surface of the barricade; or (2) no decoration or graphic vertically projects more than four feet above the top of the barricade.” SECTION 10. That Division 51A-7.1200, “Provisions for Arts District Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended by adding new Section 51A-7.1215, “Applicability of Highway Beautification Acts,” to read as follows: “SECTION 51A-7.1215. APPLICATION OF HIGHWAY BEAUTIFICATION ACTS. For purposes of applying the Federal and Texas Highway Beautification Acts, this district is considered to be a commercial zone.” SECTION 11. That a person violating a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000. SECTION 12. That Chapter 51A of the Dallas City Code shall remain in full force and effect, save and except as amended by this ordinance. 14 SPSD 089-002 SECTION 13. That the terms and provisions of this ordinance are severable and are governed by Section 1-4 of Chapter 1 of the Dallas City Code, as amended. SECTION 14. That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so ordained. 15 SPSD 089-002 16 SPSD 089-002 17 SPSD 089-002 18 SPSD 089-002 Page 1 of 6 10/5/2010 Notification List of Property Owners SPSD089-002 165 Property Owners Notified Label # Address Owner 1 2501 ROSS AVE CKS ASSET MANAGEMENT INC 2 2501 FLORA Dallas ISD 3 1901 ROUTH Dallas ISD 1500 MARILLA ST 4 2600 MUNGER ST PAULS M E CHURCH 5 2606 MUNGER ST PAUL METHODIST CHURCH EXEMPT 1964 6 2605 WADE ST PAUL METHODIST CHURCH EXEMPT 1972 7 2001 ROSS CRESCENT ROSS AVE REALTY ATTN: PROPERTY TAX DEPT X 8 1722 PEARL SACRED HEART CATHEDRAL 9 2200 ROSS ROMAN CATH DIOCESE DALLAS % BISHOP KEVIN FARRELL 10 2251 PEARL ST ROMAN CATH DIOCESE DALLAS % BISHOP KEVIN FARRELL 11 2212 WOODALL RODGERS DALLAS SYMPHONY FOUNDATION 12 2702 WOODALL ROGERS CROW BILLINGSLEY 17 SUITE 1100 13 1722 ROUTH ST BILLINGSLEY ARTS PARTNERS LTD STE 1100 14 1717 ARTS PLAZA DR HENRY BARRY & LENORE M SULLIVAN 15 1717 ARTS PLAZA DR BILLINGSLEY ARTS PS LTD STE 1100 16 1717 ARTS PLAZA DR RAILSBACK PAUL W 17 1717 ARTS PLAZA DR BUCK STEPHEN 18 1717 ARTS PLAZA DR BOWLES JOHN R & PATRICIA C 19 1717 ARTS PLAZA DR DANGEL RICHARD 20 1717 ARTS PLAZA DR SHINN GRESHAM J UNIT 1807 21 1717 ARTS PLAZA DR BILLINGSLEY ARTS STE 1100 22 1717 ARTS PLAZA DR MULFORD ROSS CLAYTON 23 1717 ARTS PLAZA DR JEFFERS HARRIET H 24 1717 ARTS PLAZA DR ABEL RIC E & KIM V 25 1717 ARTS PLAZA DR FASULLO GREG SUITE 1903 26 1717 ARTS PLAZA DR HEU OLIVIER NORBERT Tuesday, October 05, 2010 19 SPSD 089-002 Label # Address Owner 27 1717 ARTS PLAZA DR WAYNE BRAD & ERNIE FAM TR APT 5E 28 1717 ARTS PLAZA DR FITE JAMES R & PATRICIA J PARKER 29 1717 ARTS PLAZA DR NEWELL SUSAN CAROL 30 1717 ARTS PLAZA DR BUTTIGIEG JOSEPH J & MARY K 31 1717 ARTS PLAZA DR GHB 2008 INVESTMENT INC SUITE 1100 32 1717 ARTS PLAZA DR ARTS RES PARTNERS INC #1100 33 1717 ARTS PLAZA DR TCB 2008 INVESTMENT INC STE 1100 34 1717 ARTS PLAZA DR LPB 2008 INVESTMENT INC STE 1100 35 1717 ARTS PLAZA DR CAYTON EVANGELINE T MD 36 1717 ARTS PLAZA DR MASCARENHAS WINSTON L 37 1717 ARTS PLAZA DR WOODARD EUGENE & JANICE S 38 1717 ARTS PLAZA DR CABRERA MARCO 39 1717 ARTS PLAZA DR BERGREN SCOTT ETAL % PIZZA HUT 40 1717 ARTS PLAZA DR HIRSCHMAN KAREN L 41 1717 ARTS PLAZA DR SANKARAPANDIAN BALAMURUGA 42 1717 ARTS PLAZA DR LAFREDO STEVE & 43 1717 ARTS PLAZA DR FORMAN JAMES & ADELE 44 1717 ARTS PLAZA DR ASB 2008 INVESTMENT INC STE 1100 45 1717 ARTS PLAZA DR WILK DAVID I 46 1717 ARTS PLAZA DR WAYNE JONATHAN M & DEVON 47 1717 ARTS PLAZA DR CHAMBERS JAMES H & CHAMBERS JOLEEN P 48 1717 ARTS PLAZA DR WOLFE DAVID STE 2112 49 1717 ARTS PLAZA DR GRANT CATHAL 50 1717 ARTS PLAZA DR ALAVI REZA & MONA 51 1717 ARTS PLAZA DR WILLIAMS MELISSA & RYAN 52 1717 ARTS PLAZA DR VEALE MICHAEL R FAMILY TR 53 1717 ARTS PLAZA DR PAPALIA ROCCO 54 1717 ARTS PLAZA DR BRAME RONALD M 55 1717 ARTS PLAZA DR BARRETT ANGELA C UNIT 2303 56 1717 ARTS PLAZA DR LASKO MATTHEW E & EMILY O 57 1717 ARTS PLAZA DR BYRNE MOLLY L Tuesday, October 05, 2010 20 SPSD 089-002 Label # Address Owner 58 1717 ARTS PLAZA DR DERMAN ANDREW B & LYNN E 59 1717 ARTS PLAZA DR COBB BONNIE STE 2309 60 1717 ARTS PLAZA DR PENA LUCILO & 61 1722 ROUTH ST THOMPSON & KNIGHT ONE ARTS PLAZA 62 1722 ROUTH ST GATEHOUSE CAPITAL CORP 63 1722 ROUTH ST INVESTORS ADVANTAGE INCORPORATED 64 1722 ROUTH ST MARTY COLLINS INTERESTS INC 65 1722 ROUTH ST WILLIAMS LEA INC 66 1722 ROUTH ST BILLINGSLEY PROPERTY SERVICES 67 1722 ROUTH ST T TIME HOLDINGS G P LLC 68 1722 ROUTH ST PINNELL PAUL % PAUL PINNELL 69 1722 ROUTH ST NRI INC 70 1722 ROUTH ST OGER RENEE % RENEE OGER 71 1722 ROUTH ST GEORGE A VELOZ ENTERPRISES INC 72 1722 ROUTH ST STALLION RESTARAUNUT GROUP LLC 73 1722 ROUTH ST SCREEN DOOR AT ONE ARTS 74 1722 ROUTH ST LAWTON REPROGRAPHIC CENTERS INC 75 1722 ROUTH ST WILLIAMS LEA INCORPORATED 76 1722 ROUTH ST SEVEN ELEVEN CORP %CORP TAX DEPT 77 1722 ROUTH ST HAMMOND HERBERT 78 1722 ROUTH ST WOMBLE BILL R 79 1722 ROUTH ST MORRISON SEIFERT MURPHYINC % LIONEL MORRISON 80 1722 ROUTH ST RESOURCE ONE CREDIT UNION 81 1722 ROUTH ST SOUTHLAND CORP 82 1722 ROUTH ST AMEGY BANK 83 2021 FLORA NASHER FOUNDATION THE SUITE 830 84 901 PEARL ARTS DISTRICT PPTIES LTD 85 2101 ROSS DALLAS BAR FOUNDATION 86 2318 ROSS AVE HALL LONE STAR ASSOC LP ATTN KEITH TAYLOR 87 2301 ROSS AVE HALL LONE STAR ASSOCS LP ATTN KEITH TAYLOR 88 800 OLIVE ST MUSEUM TOWER LP %BROOK PARTNERS,INC Tuesday, October 05, 2010 21 SPSD 089-002 Label # Address Owner 89 1928 ROSS FIRST UNITED METHODIST CHURCH 90 2020 ROSS CROW WILLIAMS 9 % K BOVY M20 91 2016 ROSS CROW WILLIAMS 9 % K BOVY M20 92 2021 SAN JACINTO TRINITY UNIVERSAL % CONTROLLER 93 2014 ROSS TRINITY UNIVERSAL INC CO % CONTROLLER 94 801 ROSS AVE 2100 ROSS REALTY LP %THE MOINIAN GROUP 95 2100 ROSS AVE MERRILL LYNCH PIERCEINC CORPORATE TAX DEPARTMENT 96 2100 ROSS AVE MOSS PETROLEUM CO %DANIEL P LITTLE PRES 97 2100 ROSS AVE LEGER MICHAEL 98 2100 ROSS AVE WILLIAMS PROPERTIES INC 99 2100 ROSS AVE LIPSCOMB & LIGON BENEFITS 100 2100 ROSS AVE GORDON & REESE LLP 101 2100 ROSS AVE WESTFORK 102 2100 ROSS AVE LEDGENT ATTN BONNIE LUONG 103 2100 ROSS AVE RELIANCE GLOBALCOM SERVICES INC 104 2100 ROSS AVE CB RICHARD ELLIS INC %TAX DEPT/ JOHN ELLIS 105 2100 ROSS AVE LANDMARK LEGAL SOLUTIONS 106 2100 ROSS AVE NOF INVESTMENTS AUSTIN 107 2100 ROSS AVE TURNBRIDGE CAPITAL 108 2100 ROSS AVE MAHANAY BRADLEY K 109 2100 ROSS AVE CBRE TECHNICAL SERVICES LLC %PROP TA X DEPT 110 2100 ROSS AVE SQUARE ONE ADVERTISING INC 111 2100 ROSS AVE TEXAS TREES FOUNDATION 112 2100 ROSS AVE KESSLER COLLINS PC 113 2100 ROSS AVE TEXAS FOREST SERVICE 114 2100 ROSS AVE PNL COMPANIES 115 2100 ROSS AVE DALLAS CENTER FOR PERFORMING ARTS 116 2100 ROSS AVE CB RICHARD ELLIS INC %JOHN ELLIS/ TAX MGR 117 750 N ST PAUL ST LEGAL CONNECTIONS 118 2100 ROSS AVE BERLAND LORIN F 119 2100 ROSS AVE HELLBERG JEFFREY W JR PC Tuesday, October 05, 2010 22 SPSD 089-002 Label # 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Address Owner 151 2526 ROSS AVE OBERCHAIN DAVID LEE 152 2526 ROSS AVE OBENCHAIN THOMAS A 153 2615 ROSS JEFFERSON AT SAN JACINTO STE 1800 154 2613 ROSS CHARTER LEO LP STE 1700 155 2613 ROSS JEFFERSON AT ARTS DISTRICT LP 156 2200 ROSS AVE HINES REIT 2200 ROSS AVE LP %HINES INTEREST LTD PS 157 2200 ROSS AVE TEXAS PETROLEUM RESOURCES 158 2200 ROSS AVE Z PROJECTS 159 2200 ROSS AVE GREENBERG TRAURIG LLP 160 2200 ROSS AVE ARAMARK CORPORATION #7713 %PROP TAX DEPT 161 2200 ROSS AVE HADDOCK RON W % RON W HADDOCK 162 2200 ROSS AVE AUTONOMY 163 2200 ROSS AVE STREAM TRUCKING LLC 164 2200 ROSS AVE PITNEY BOWES INC 165 2400 ROSS SOUTHWESTERN BELL SBC COMM INC PPTY TAX DEP Tuesday, October 05, 2010 24 AGENDA ITEM # 66 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: December 8, 2010 COUNCIL DISTRICT(S): 2 DEPARTMENT: Sustainable Development and Construction CMO: A. C. Gonzalez, 671-8925 MAPSCO: 34 U SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an MU-3 Mixed Use District on property zoned an IR Industrial Research District and a resolution accepting deed restrictions volunteered by the applicant on the east side of Maple Avenue, between Inwood Road and Butler Street Recommendation of Staff and CPC: Approval of the MU-3 Mixed Use District and approval of the deed restrictions volunteered by the applicant Z090-169(WE) Note: This item was considered by the City Council at a public hearing on October 26, 2010, and was taken under advisement until December 8, 2010, with the public hearing open. HONORABLE MAYOR AND CITY COUNCIL WEDNESDAY, DECEMBER 8, 2010 ACM: A. C. Gonzalez FILE NUMBER: Z090-169(WE) DATE FILED: February 25,2010 LOCATION: East side of Maple Avenue, between Inwood Road and Butler Street COUNCIL DISTRICT: 2 MAPSCO: 34-U SIZE OF REQUEST: Approx. 1.1457 acres CENSUS TRACT: 04.04 APPLICANT: Chicory Court IX, L.P. OWNER: MaplelDouglas, L.P. REPRESENTATIVE: Jackson Walker, LLP Suzan Kedron REQUEST: An application for an MU-3 Mixed Use District and deed restrictions volunteered by the applicant on property zoned an IR Industrial Research District. SUMMARY: The purpose of the request is to allow for the construction of a mixed use development that will have approximately 108 multifamily units and retail and personal services uses on the ground floor. The proposed development will provide underground parking for their tenants. The applicant will volunteer deed restrictions that will restrict the structure's height to a maximum of 90 feet or 7 stories. CPC RECOMMENDATION: Approval of the MU-3 Mixed Use District and approval of the deed restrictions volunteered by the applicant STAFF RECOMMENDATION: Approval of the MU-3 Mixed Use District and approval of the deed restrictions volunteered by the applicant DESIGNATED ZONING CASE 1 Z090-169(WE) BACKGROUND INFORMATION: • The applicant’s request for a mixed use district will allow for the redevelopment of an existing warehouse facility. The proposed development will consist of approximately 108 multifamily units with retail and personal services uses on the ground floor. • The applicant has volunteered deed restrictions that will limit the structure’s height to a maximum of 90 feet or 7 stories. The site is also in close proximity to Love Field Airport and is within the 65 DNL of the Dallas Love Field Noise zone. The applicant will have to comply with the Aircraft Noise Aviation measures that are outlined in the Dallas Building Code. • The applicant has submitted an application to the Texas Department of Housing and Community Affairs (TDHCA) for consideration of receiving tax credits for the mixed use development. Zoning History: There has been three zoning changes requested in the area. 1. Z056-210 On February 14, 2007, the City Council approved an MU-1 Mixed Use District and deed restrictions volunteered by the applicant on property zoned an IR Industrial Research District. 2. Z056-215 On Wednesday, June 28, 2006, the City Council approved a Specific Use Permit for an alcoholic beverage establishment limited to a bar, lounge, or tavern and deed restrictions volunteered by the applicant. 3. Z067-121 On Wednesday, February 28, 2007, the City Council approved a Specific Use Permit for a transit passenger station or transfer center on property zoned an IR Industrial Research District and a CS Commercial Service District. Thoroughfares/Streets: Thoroughfare/Street Type Existing Proposed ROW ROW Maple Avenue Collector 60 ft. 60 ft. 2 Z090-169(WE) Land Use: Zoning Land Use Site IR Warehouse Northwest IR, CS, Commercial, Southeast IR, Industrial, Northeast IR w/SUP No. 1654 DART Transfer station Southwest MU-3 W/ DR Retail w/residence Comprehensive Plan: In June 2006, the City Council adopted the fowardDallas! Comprehensive Plan. The fowardDallas! Comprehensive Plan outlines goals and policies which can serve as a framework for assisting in evaluating the applicant’s request. The Plan identifies the request site as being within a Transit Center or Multi- Modal Corridor. Transit centers support a compact mix of employment, retail, cultural facilities and housing. Multi-modal corridors should encourage the redevelopment of aging auto- oriented commercial strip development while respecting existing single family neighborhoods. While normally located around DART light-rail or commuter rail stations, these building blocks could also be focused streetcar or enhanced bus corridors such as bus rapid transit. Examples of transit centers include the Mockingbird Station area, the Cityplace Station area and the Westmoreland Station area, and examples of multi- modal corridors include the Lancaster and Ferguson Road corridor. These areas offer dense mixed use at the transit station or multi-modal corridor and then transition to multi-family and single-family housing at the edge. Of all the Building Blocks, this incorporates the greatest range of building structures and land uses, including multi- story residential above retail to townhomes to single-family residences. Transit centers and multi-modal corridors may sometimes be near residential neighborhoods and call for appropriate mitigation requirements. Areas currently developed with single-family or duplex uses should generally be maintained unless redevelopment is addressed through an Area Planning process. Multi-modal corridors in particular would diminish quickly in scale, density, and intensity away from the corridor, respecting existing single family neighborhoods while maintaining a strong focus on transit orientation and access. Interactive public plazas and/or civic uses will be centrally located and residential roof terraces and balconies overlooking transit station areas add “eyes on the street” that can aid public safety. Land Use GOAL 1.2 PROMOTE DESIRED DEVELOPMENT Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. GOAL 1.3 PROVIDE EQUITABLE OPPORTUNITIES FOR DALLAS RESIDENTS Policy 1.3.1 Create housing opportunities throughout Dallas 3 Z090-169(WE) Economic GOAL 2.1 PROMOTE BALANCED GROWTH. Policy 2.1.1 Ensure that zoning is flexible enough to respond to changing economic conditions. Goal 2.2 ENGAGE IN STRATEGIC ECONOMIC DEVELOPMENT Policy 2.2.2 Maximize development opportunities around DART stations Housing: Goal 3.2. ANSWER THE NEED FOR HOUSING OPTIONS Policy 3.2.2 Encourage higher density housing within a quarter-mile of DART stations Area Plans: The request site lies within the boundaries of the Love Field Land Use Study, adopted by the City Council in January, 1987. The Study recommends the following: compatibility with adjacent land uses, protect the stability and integrity of the existing residential neighborhoods, and strive to avoid residential population increases when making zoning and development-related decisions for land within the 65 DNL and above noise contours. The site also lies within the Stemmon Corridor – Southwestern Medical District Area Plan. In June 2010, the City Council adopted the Stemmon Corridor – Southwestern Medical District Area Plan which identifies the request site as being in an Urban Residential Medium area as well as within a strategic opportunity area - the DART Inwood Station Area. The Plan recommends a diversity of housing options ranging from townhomes to three to five story condominiums to limited commercial uses. In addition, the Plan encourages mixed use development with ground floor retail and street amenities that will promote pedestrian activities. STAFF ANALYSIS: Land Use Compatibility: The 1.1457 acre site is currently developed with a warehouse facility and is adjacent to a DART light rail station. The applicant’s request for an MU-3 Mixed Use District will permit the redevelopment of the proposed site into a mixed use development. The proposed development will have approximately 108 multifamily units in addition to retail and personal service uses on the ground floor. The applicant has also volunteered deed restrictions that will limit the maximum height of the structure to 90 feet or 7 stories. The proposed height of the multifamily development will comply with the recommendations in the Stemmon Corridor – Southwestern Medical District Area Plan. 4 Z090-169(WE) Moreover, the applicant has submitted an application to the Texas Department of Housing and Community Affairs (TDHCA) for consideration to receive tax credits for the multifamily development. The surrounding land use consists of a mix of nonresidential uses in all directions except for the adjacent mixed use site (retail with one residential unit). Aside from the public elementary school across Maple Avenue (SUP No. 1247), the immediate area is developed with retail and commercial uses. This area is an established commercial/industrial area developed with predominately one story structures, many of which possess an outside storage component. Staff’s recommendation is for approval of the MU-3 Mixed Use District for a mixed use development because of its adjacency to the DART light rail station and the request is within the scope of the forwardDallas! Comprehensive Plan and the Stemmon Corridor – Southwestern Medical District Area Plan. Development Standards: Lot Special DISTRICT SETBACKS Density Height PRIMARY Uses Front Side/Rear Coverage Standards 30’ adjacent 2.0 FAR overall Proximity Industrial, wholesale to residential 200’ IR - Existing Slope Visual 15’ OTHER: 0.75 office/ retail 15 stories 80% distribution & storage, Industrial research Intrusion No Min. 0.5 retail supporting office & retail 20’ adjacent 3.2 FAR base Proximity Slope Office, retail & personal to residential 4.0 FAR maximum 270’* U-form setback MU-3 - Proposed 15’ 80% service, lodging, residential, Mixed use-3 OTHER: + bonus for 20 stories Tower spacing No Min. residential Visual Intrusion trade center * The applicant has volunteered deed restriction that will limit the structure height to a maximum of 90 feet or 7 stories. Parking: The applicant will have to comply with the parking requirements that are associated with the proposed development (e.g., multifamily, retail, & personal uses). The applicant will have to submit a parking analysis to the Building Official in order to receive a CO certificate of occupancy for each use that will occupied the proposed development. Landscaping: Landscaping must be provided and maintained in accordance with Article X, as amended. Traffic: The Engineering Section of the Department Sustainable Development and Construction has reviewed the request and determined that it will not impact the surrounding street system for the proposed development. 5 Z090-169(WE) CPC Action (September 16, 2010) Motion: It was moved to recommend approval of an MU-3 Mixed Use District, subject to deed restrictions volunteered by the applicant on property zoned an IR Industrial Research District on the east side of Maple Avenue, between Inwood Road and Butler Street. Maker: Wally Second: Bagley Result: Carried: 15 to 0 For: 15 - R. Davis, Wally, Anglin, M. Davis, Rodgers, Lozano, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Wolfish, Schwartz, Peterson, Alcantar Against: 0 Absent: 0 Vacancy: 0 Notices: Area: 300 Mailed: 13 Replies: For: 1 Against: 1 Speakers: For (Did not speak): Juit Huizenga, 5610 Maple Ave., Dallas, TX, 75235 Suzan Kedron, 901 Main St., Dallas, TX, 75202 Against: None 6 Z090-169(WE) LIST OF OFFICERS Maple/Douglas, L. P. • Lance Douglas, Member • Thomas J. Colven, Agent LIST OF OFFICER Chicory Court IX, L. P. • Saleem A. Jafar, Manager 7 Z090-169(WE) PROPOSED DEED RESTRICTONS THE STATE OF TEXAS ) ) KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF DALLAS ) I The undersigned Maple/Douglas, L.P., a Texas limited partnership (“the Owner”), is the owner of the following described property (“the Property”), being in particular a tract of land out of the Crawford Grigsby Survey, Abstract No. 532, City Block A/5708, City of Dallas (“City”), Dallas County, Texas, and being that same tract of land conveyed to the Owner by Lance Douglas, by deed dated June 24, 2004, and recorded in Volume 2004127, Page 17688, in the Deed Records of Dallas County, Texas, and being more particularly described in Exhibit A attached hereto. II The Owner does hereby impress all of the Property with the following deed restrictions (“restrictions”), to wit: The maximum height of any structure is 90 feet, to the mid-point of the roof, and The maximum number of stories for any structure, except a parking structure, is 7. III. These restrictions shall continue in full force and effect for a period of 20 years from the date of execution, and shall automatically be extended for additional periods of 10 years unless amended or terminated in the manner specified in this document. IV. These restrictions may be amended or terminated as to any portion of the Property, upon application to the City of Dallas by the current owner of that portion of the Property, without the concurrence of the owners of the remaining portion of the Property. These restrictions may be amended or terminated only after a public hearing before the City Plan Commission and a public hearing before and approval by the City Council of the City. Notice of the public hearings must be given as would be required by law for a zoning change on the Property. The amending or terminating instrument must be approved as to form by the city attorney. If the City Council approves an amendment 8 Z090-169(WE) or termination of these restrictions, the Owner must then file the amending or terminating instrument in the Deed Records of the county or counties where the Property is located at his or her sole cost and expense before the amendment or termination becomes effective. V. These restrictions are not intended to restrict the right of the City Council of the City to exercise its legislative duties and powers insofar as zoning of the Property is concerned. 9 Z090-169(WE) 10 Z090-169(WE) Passenger transfer station Office Retail DART Retail Warehouse Manufacturing Public school 11 Z090-169(WE) 2 3 1 12 Z090-169(WE) CPC RESPONSES 13 Z090-169(WE) Notification List of Property Z090-169 13 Property Owners Notified 1 Property Owner Opposed 1 Property Owner in Favor Vote Label # Address Owner 1 5602 MAPLE MAPLE DOUGLAS LP 2 5505 MAPLE HEWITT BILL FAMILY 3 5513 MAPLE PRESCOTT INTERESTS LTD 4 5611 MAPLE CHANG CHI SHING & 5 5555 MAPLE Dallas ISD 6 2522 INWOOD AUTOZONE INC 7 2506 INWOOD GINGERCREST INC O 8 2608 INWOOD 2608 INWOOD LTD 9 2608 INWOOD DART 10 2722 INWOOD DART X 11 5610 MAPLE HUIZENGA INC 12 2516 INWOOD FRIS CHKN LLC 13 5542 MAPLE SHARIFI HOLDINGS LLC Tuesday, September 28, 2010 14 AGENDA ITEM # 67 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: December 8, 2010 COUNCIL DISTRICT(S): All DEPARTMENT: Sustainable Development and Construction CMO: A. C. Gonzalez, 671-8925 MAPSCO: N/A SUBJECT A public hearing to receive comments regarding consideration of amendments to Chapter 51 and Chapter 51A, the Dallas Development Code providing that the Geographic Information System (GIS) shall be the official zoning map of the city; deleting airport flight overlay districts; and providing that height is restricted according to FAA regulations and an ordinance granting the revisions Recommendation of Staff: Approval Recommendation of CPC: Approval, subject to the following change; under the definition of “Legal Height” adding “whichever is more restrictive” at the end of the definition DCA101-002 HONORABLE MAYOR & CITY COUNCIL WEDNESDAY, DECEMBER 8, 2010 ACM: A.C. GONZALEZ FILE NUMBER: DCA 101-002 (DC) DATE INITIATED: 3-12-10 TOPIC: Official Zoning Maps and Airport Overlay COUNCIL DISTRICT: All CENSUS TRACT: All PROPOSAL: Consideration of amendments to Chapter 51 and Chapter 51A providing that the Geographic Information System (GIS) shall be the official zoning map of the city; deleting airport flight overlays and providing that height is restricted according to FAA regulations SUMMARY: The purpose of the amendment is to reflect the current technology used to maintain the City’s zoning maps. STAFF RECOMMENDATION: Approval. CITY PLAN COMMISSION RECOMMENDATION: Approval, subject to the following change; under the definition of “Legal Height” adding “whichever is more restrictive” at the end of the definition. 1 DCA 101-002 BACKGROUND INFORMATION: • Currently the city code refers to hard copies of zoning maps. Since approximately 2004 the city has been maintaining all zoning maps in a digital format. • Under the current provisions of the city code, all modifications to an airport flight overlay must go through a zoning change process. • Airport flight overlays only indicate the height restrictions required by the Federal Aviation Administration (FAA). • City staff has mapped the FAA height maps and included them in the city’s GIS system for reference. • On October 21, 2010, the Zoning Ordinance Committee recommended approval of the proposed amendments by a vote of 6 to 0. CPC ACTION (November 4, 2010): Motion: It was moved to recommend approval of amendments to Chapter 51 and Chapter 51A providing that the Geographic Information System (GIS) shall be the official zoning map of the city; deleting airport flight overlays and providing that height is restricted according to FAA regulations, subject to Zoning Ordinance Advisory Committee’s recommendations with the following change; under the definition of “Legal Height” adding “whichever is more restrictive” at the end of the definition. Maker: Wolfish Second: Bagley Result: Carried: 14 to 0 For: 14 - Alcantar, Anglin, Bagley, Bernbaum, M. Davis, R. Davis, Lavallaisaa, Peterson, Rodgers, Schwartz, Shellene, Tarpley, Wally, Wolfish, Against: 0 Vacancy: 1 - District 6 Speakers: None 2 DCA 101-002 ORDINANCE NO. ______ An ordinance amending Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” and Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code by amending Sections 51-2.102, 51-4.102, 51-4.103, 51-4.408, 51-4.504, 51A-2.102, 51A-4.103, 51A-4.408, and 51A-4.504; providing that the Geographic Information System (GIS) shall be the official zoning map of the city; deleting airport flight overlays; providing that height is restricted according to FAA regulations; providing a penalty not to exceed $2,000; providing a saving clause; providing a severability clause; and providing an effective date. WHEREAS, the city plan commission and the city council, in accordance with the Charter of the City of Dallas, the state law, and the ordinances of the City of Dallas, have given the required notices and have held the required public hearings regarding this amendment to the Dallas City Code; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That Paragraph (56) of Section 51-2.102, “Definitions,” of Article II, “Interpretations and Definitions,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended to read as follows: “(56) LEGAL HEIGHT means the maximum building height allowed under Federal Aviation Administration [the airport flight overlay district] regulations or any other ordinance or regulation in effect, whichever is most restrictive.” SECTION 2. That Paragraph (7), “AF Airport Flight Overlay District,” of Subsection (d), “Overlay Zoning Districts,” of Section 51-4.102, “Purpose of Zoning Districts,” of Division 51-4.100, “Establishment of Zoning Districts,” of Article IV, “Zoning Regulations,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended to read as follows: 3 DCA 101-002 “(7) Reserved. [AF Airport Flight Overlay District. The purpose of the airport flight overlay district is to control use of land and the height of structures and plant life within the flight areas of airports in order to protect the lives and property of airport users and of occupants of land in the vicinity of airports, and prevent the impairment of the usefulness of airports.]” SECTION 3. That Section 51-4.103, “Zoning District Map,” of Division 51-4.100, “Establishment of Zoning Districts,” of Article IV, “Zoning Regulations,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended to read as follows: “SEC. 51-4.103. ZONING DISTRICT MAP. This section incorporates by reference the language of Section 51A-4.103 of Chapter 51A of the Dallas City Code, as amended. [(a) The boundaries of zoning districts are recorded on a set of separately numbered, sectional zoning district maps of the city. The original set of zoning district maps, bearing the signature of the director and the attestation of the city secretary, is the official zoning district map of the city and may not be changed in any manner. The official zoning district map is made a part of and incorporated into this chapter. (b) The director shall file the official zoning district maps in the office of the city secretary. The director shall place additional copies of the original set of zoning district maps in the offices of the city secretary, the director, and the building official. The director shall keep the additional copies up to date by posting or causing to be posted to the maps any subsequent zoning district amendment. (c) An ordinance that changes a zoning district must state the map number where the district is located. (d) In case of any question involving a district designation within the city, the updated copy of the official zoning district map on file in the office of the city secretary is presumed correct, and the person challenging the accuracy of that copy has the burden of presenting the official zoning map, together with the ordinances amending the map, to prove the inaccuracy of the updated copy.]” 4 DCA 101-002 SECTION 4. That Paragraph (1) of Subsection (a), “Special Height Provisions,” of Section 51-4.408, “Minimum Building Height,” of Division 51-4.400, “Yard, Lot, and Space Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended to read as follows: “(1) Structures for utility and [public] service uses and institutional uses may be erected to any height consistent with the Federal Aviation Administration air space limitations[, airport flight overlay district regulations,] and the building code, if setbacks are provided as required by Sections 51-4.401, 51-4.402, and 51-4.403. However, local utility transmission and distribution lines and supporting structures, and, as specified in this paragraph, mounted cellular antennae are exempt from the setbacks required by Sections 51-4.401, 51- 4.402, and 51-4.403. A mounted cellular antenna, as defined in Section 51-4.202(12), attached to a utility structure is exempt from the setbacks required by Sections 51-4.401, 51-4.402, and 51- 4.403 if the utility structure is greater than 65 feet in height. For purposes of this subparagraph, a utility structure means an electrical transmission distribution tower, an elevated water storage tank, and any other structure operated by a municipality, a transit authority, or a certificated, franchised, or licensed utility company in connection with provision of the utility.” SECTION 5. That Section 51-4.504, “Airport Flight Overlay District,” of Division 51- 4.500, “Overlay and Conservation District Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended to read as follows: “SEC. 51-4.504. RESERVED. [AIRPORT FLIGHT OVERLAY DISTRICT. This section incorporates by reference the language of Section 51A-4.504, “Airport Flight Overlay District,” of Chapter 51A of the Dallas City Code, as amended, as that section exists today and as it may be amended in the future.]” SECTION 6. That Paragraph (61), “Legal Height,” of Section 51A-2.102, “Definitions,” of Article II, “Interpretations and Definitions,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(61) LEGAL HEIGHT means the maximum building height allowed under Federal Aviation Administration [the airport flight overlay district] regulations or any other ordinance or regulation in effect, whichever is most restrictive.” 5 DCA 101-002 SECTION 7. That Section 51A-4.103, “Zoning District Map,” of Division 51A-4.100, “Establishment of Zoning Districts,” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “SEC. 51A-4.103. ZONING DISTRICT MAP. (a) The boundaries of zoning districts are recorded on the Geographic Information System (GIS) maintained by the department [on a set of separately numbered, sectional zoning district maps of the city]. The original set of zoning district maps, bearing the signature of the director and the attestation of the city secretary, is the official zoning district map of the city and may not be changed in any manner. The official zoning district map is made a part of and incorporated into this chapter. (b) [The director shall file the official zoning district maps in the office of the city secretary.] The director shall maintain [place additional copies of] the [original set of] zoning district map[s] in the department [offices of the city secretary, the director, and the building official]. The director shall revise [keep] the map to reflect [additional copies up to date by posting or causing to be posted to the maps] any subsequent zoning district amendment. (c) [An ordinance that changes a zoning district must state the map number where the district is located. (d)] In case of any question involving a district designation within the city, the updated copy of the official zoning district map on file in the office of the director [city secretary] is presumed correct, and the person challenging the accuracy of that copy has the burden of presenting the official zoning map, together with the ordinances amending the map, to prove the inaccuracy of the updated copy.” SECTION 8. That Section 51A-4.408, “Maximum Building Height,” of Division 51A- 4.400, “Yard, Lot, and Space Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “SEC. 51A-4.408. MAXIMUM BUILDING HEIGHT. (a) Special height provisions. 6 DCA 101-002 (1) Structures for utility and public service uses and institutional uses may be erected to any height consistent with the Federal Aviation Administration air space limitations, [airport flight overlay district regulations,] residential proximity slope height restrictions, and the building code. Exceptions: (A) No portion of a structure that exceeds the maximum structure height specified in the district regulations (Divisions 51A-4.100 et seq.) may be located above a residential proximity slope. See Section 51A-4.412. (B) Local utility transmission and distribution lines and supporting structures are exempt from residential proximity slope height restrictions. (C) A mounted cellular antenna, as defined in Paragraph 51A- 4.212(10.1), attached to a utility structure is exempt from residential proximity slope height restrictions if the utility structure is greater than 65 feet in height. For purposes of this subparagraph, a utility structure means an electrical transmission distribution tower, an elevated water storage tank, and any other structure operated by a municipality, a transit authority, or a certificated, franchised, or licensed utility company in connection with provision of the utility. (D) A monopole cellular tower, as defined in Paragraph 51A- 4.212(10.1), is exempt from residential proximity slope height restrictions if a specific use permit is required for the monopole cellular tower use. (2) In a district in which building height is limited to 36 feet or less, the following structures may project a maximum of 12 feet above the maximum structure height specified in the district regulations (Divisions 51A-4.100 et seq.): (A) Structures on top of a building: (i) Elevator penthouse or bulkhead. (ii) Mechanical equipment room. (iii) Cooling tower. (iv) Tank designed to hold liquids. (v) Ornamental cupola or dome. (vi) Skylights. (vii) Clerestory. (viii) Visual screens which surround roof mounted mechanical equipment. 7 DCA 101-002 (ix) Chimney and vent stacks. (x) Amateur communications tower. (xi) Parapet wall, limited to a height of four feet. (B) Structures at grade level: (i) Amateur communications tower. Note: The heights allowed in Subsection (a)(2) are subject to any residential proximity slope height restrictions that may be contained in the district regulations for a particular district. (See Divisions 51A-4.100 et seq.). (3) The maximum building height requirements in a planned development district are controlled by the planned development district regulations. (4) In single family, duplex, townhouse, MF-1(A), MF-1(SAH), MF-2(A), and MF-2(SAH) districts: (A) no dormer eaves may project above the maximum structure height specified in the district regulations (Divisions 51A-4.100 et seq.); and (B) the highest point of a structure with a gable, hip, gambrel, or dome roof may not project more than 12 feet above the maximum height specified in the district regulations (Divisions 51A-4.100 et seq.). [(5) and (6) Reserved.] (b) Schedule of maximum building heights. [(1)] Except as otherwise provided in this section, a person shall not erect, alter, or convert any structure or part of a structure to exceed the maximum height standards in the district regulations (Divisions 51A-4.100 et seq.). A schedule of maximum building heights is contained in Section 51A-4.410. (c) FAA Height Restrictions. To protect navigable airspace, no structure shall be erected, altered, or maintained at a height in excess of limits established by Federal Aviation Administration regulations.” 8 DCA 101-002 SECTION 9. That Section 51A-4.504, “Airport Flight Overlay District,” of Division 51A-4.500, “Overlay and Conservation District Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “SEC. 51A-4.504. RESERVED. [AIRPORT FLIGHT OVERLAY DISTRICT. (a) General provisions. (1) Every airport flight overlay district must show the maximum permitted height as measured in feet from mean sea level. Maps separate from the zoning district maps may be used to illustrate the airport flight overlay districts, but these maps are subject to the same rules as the zoning district maps. (2) A person shall not erect, place or maintain an object, structure or plant in an airport flight overlay district at a height that violates the height restrictions of the airport flight overlay district. (3) A person shall not conduct a use or erect, place or maintain an object, structure or plant that causes interference with radio communications or transmission of electronic signals between airport and aircraft, impairs the visibility of the airport or the lights of the airport, or endangers the landing, take off or maneuvering of aircraft in any manner. (b) Airport flight overlay district procedures. (1) The applicant for the airport flight overlay district shall comply with the zoning amendment procedure for a change in the zoning district classification. The applicant shall pay the notification costs. (2) The board of adjustment may allow a special exception from the use or height requirements in an airport flight overlay district if the board finds the public convenience will be served, the appropriate use of neighboring property will not be substantially injured, and the safety of aircraft will not be jeopardized.]” SECTION 10. That a person violating a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000. SECTION 11. That Chapters 51 and 51A of the Dallas City Code shall remain in full force and effect, save and except as amended by this ordinance. 9 DCA 101-002 SECTION 12. That the terms and provisions of this ordinance are severable and are governed by Section 1-4 of Chapter 1 of the Dallas City Code, as amended. SECTION 13. That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so ordained. APPROVED AS TO FORM: THOMAS P. PERKINS, JR., City Attorney By______Assistant City Attorney Passed______ 10 AGENDA ITEM # 68 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: December 8, 2010 COUNCIL DISTRICT(S): All DEPARTMENT: Sustainable Development and Construction CMO: A. C. Gonzalez, 671-8925 MAPSCO: N/A SUBJECT A public hearing to receive comments regarding consideration of amendments to Chapter 51, Chapter 51A and Chapter 51P, the Dallas Development Code, to change the name of Development Services to Sustainable Development and Construction; name the managing director of the Office of Environmental Quality as the director over municipal setting designations; and including the Department of Trinity Watershed Management in the municipal setting designation process and an ordinance granting the revisions Recommendation of Staff and CPC: Approval DCA101-001 HONORABLE MAYOR & CITY COUNCIL WEDNESDAY, DECEMBER 8, 2010 ACM: A.C. GONZALEZ FILE NUMBER: DCA 101-001 (DC) DATE INITIATED: 1-15-10 TOPIC: Department Name Change COUNCIL DISTRICT: All CENSUS TRACT: All PROPOSAL: Consideration of amendments to Chapter 51, Chapter 51A and Chapter 51P, the Dallas Development Code, to change the name of development services to sustainable development and construction; name the managing director of the office of environmental quality as the director over municipal setting designations; and including the department of Trinity watershed management in the municipal setting designation process. SUMMARY: The purpose of the amendment is to ensure consistency between city codes and current department names and responsibilities. STAFF RECOMMENDATION: Approval. CITY PLAN COMMISSION RECOMMENDATION: Approval 1 DCA 101-001 BACKGROUND INFORMATION: • The department of development services name was formally changed to the department of sustainable development and construction with the implementation of the 2009-2010 budget on October 1, 2009. • At the time the Municipal Setting Designation process was first established in May of 2005, the office of environmental quality was just being created. The real estate division of development services was given purview over the process to provide staffing and to ensure the recording of deed restrictions that was required as part of the process. Since that time the entire work flow of the MSD process has been shifted to the office of environmental quality due to their staff expertise on ground water contamination. • On October 21, 2010 the Zoning Ordinance Committee voted 6 to 0 to recommend approval of the proposed amendments. CPC ACTION (November 4, 2010): Motion: It was moved to recommend approval of amendments to Chapter 51, Chapter 51A and Chapter 51P, the Dallas Development Code, to change the name of development services to sustainable development and construction; name the managing director of the office of environmental quality as the director over municipal setting designations; and including the department of Trinity watershed management in the municipal setting designation process. Maker: Wolfish Second: Rodgers Result: Carried: 14 to 0 For: 14 - Alcantar, Anglin, Bagley, Bernbaum, M. Davis, R. Davis, Lavallaisaa, Peterson, Rodgers, Schwartz, Shellene, Tarpley, Wally, Wolfish, Against: 0 Vacancy: 1 - District 6 Speakers: None 2 DCA 101-001 ORDINANCE NO. ______ An ordinance amending Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” and Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code by amending Sections 51-2.102, 51-4.212, 51-4.803, 51A-1.104.1, 51A-1.105, 51A-1.108, 51A-2.102, 51A-3.103, 51A-4.124, 51A-4.206, 51A-4.210, 51A-4.211, 51A-4.301, 51A-4.411, 51A-4.501, 51A-4.502, 51A-4.703, 51A-4.803, 51A-5.106, 51A-5.204, 51A-5.209, 51A-6.108, 51A-7.504, 51A-7.801, 51A-7.907, 51A-7.913, 51A-7.1204, 51A-7.1607, 51A- 7.2104, 51A-8.403, 51A-8.404, 51A-8.503, 51A-8.504, 51A-8.506, 51A-8.507, 51A-8.509, 51A- 8.510, 51A-8.601, 51A-8.602, 51A-8.604, 51A-8.606, 51A-8.607, 51A-8.609, 51A-8.612, 51A- 8.613, 51A-8.618, 51A-8.620, 51A-8.702, 51A-8.707, 51A-9.302, 51A-9.303, 51A-9.305, 51A- 10.135, 51A-10.140, 51P-16.116, 51P-50.119, 51P-63.103, 51P-80.105, 51P-85.105, 51P- 90.106, 51P-95.105, 51P-97.105, 51P-99.111, 51P-114.105, 51P-121.105, 51P-143.107, 51P- 143.118, 51P-145.105, 51P-184.119, 51P-193.104, 51P-193.107, 51P-193.113, 51P-193.126, 51P-193.129, S-7.110, S-19.105, S-52.110, S-53.111, S-54.111, S-66.110, S-74.111, S-77.111, S-79.112, S-82.111, S-83.112, 51P-211.113, 51P-215.105, 51P-215.116, 51P-216.105, 51P- 216.107, 51P-225.105, 51P-225.112, 51P-228.110, 51P-233.105, 51P-236.105, 51P-240.105, 51P-241.105, 51P-246.105, 51P-246.106, 51P-246.114, 51P-250.105, 51P-250.115, 51P- 252.104, 51P-255.104, 51P-256.106, 51P-262.105, 51P-262.116, 51P-266.115, 51P-268.105, 51P-269.104, 51P-269.110, 51P-272.105, 51P-279.105, 51P-289.104, 51P-291.112, 51P- 307.114, 51P-307.115, 51P-314.106, 51P-316.108, 51P-317.111, 51P-327.105, 51P-330.108, 51P-335.110, 51P-341.105, 51P-342.105, 51P-348.105, 51P-357.110, 51P-357.119, 51P- 366.110, 51P-366.112, 51P-368.117, 51P-381.103, 51P-383.108, 51P-386.105, 51P-388.103, 51P-389.108, 51P-390.113, 51P-410.106, 51P-414.108, 51P-426.108, 51P-462.108, 51P- 462.109, 51P-479.107, 51P-582.104, 51P-582.113, 51P-583.114, 51P-596.110, 51P-621.109, 51P-621.113, 51P-625.116, 51P-708.105, 51P-741.113, 51P-758.106, 51P-768.111, 51P- 3 DCA 101-001 781.114, 51P-782.118, and 51P-801.113; changing the name of development services to sustainable development and construction; naming the managing director of the office of environmental quality as the director over municipal setting designations; including the department of Trinity watershed management in the municipal setting designation process; providing a penalty not to exceed $2,000; providing a saving clause; providing a severability clause; and providing an effective date. WHEREAS, the city plan commission and the city council, in accordance with the Charter of the City of Dallas, the state law, and the ordinances of the City of Dallas, have given the required notices and have held the required public hearings regarding this amendment to the Dallas City Code; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That Paragraph (32), “Department,” of Section 51-2.102, “Definitions,” of Article II, “Interpretations and Definitions,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended to read as follows: “(32) DEPARTMENT means department of sustainable development and construction [service]. The department of sustainable development and construction was formerly named the department of development services, the department of planning and development, the department of urban design, and the city plan department. Any reference to these departments is a reference to the department of sustainable development and construction.” SECTION 2. That Paragraph (33), “Director,” of Section 51-2.102, “Definitions,” of Article II, “Interpretations and Definitions,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended to read as follows: “(33) DIRECTOR means the director of the department of sustainable development and construction [services] or his representative.” SECTION 3. That Item (iii) of Subparagraph (F), “Additional Provisions,” of Paragraph (13), “Service Station,” of Section 51-4.212, “Motor Vehicle Related Uses,” of Division 51- 4.200, “Use Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51, “Dallas 4 DCA 101-001 Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended to read as follows: “(iii) A gasoline pump island must be constructed in a manner that allows vehicular access adjacent to the gasoline pump island without interference with or obstruction to off-street parking. Determination of the proper placement of gasoline pump islands must be based on the dimensions in the City of Dallas manual, “Layout and Design Standards for Parking Lots,” which is expressly adopted as part of this subsection. A person shall obtain approval from the director of sustainable development and construction [services] for the placement of a gasoline pump island before the building official may issue a building permit for the construction.” SECTION 4. That Subparagraph (A) of Paragraph (5) of Subsection (a), “When a Site Plan is Required,” of Section 51-4.803, “Site Plan Review,” of Division 51-4.800, “Development Impact Review,” of Article IV, “Zoning Regulations,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended to read as follows: “(A) the director [of planning and development]; or” SECTION 5. That Subsection (e), “Review by the Director,” of Section 51-4.803, “Site Plan Review,” of Division 51-4.800, “Development Impact Review,” of Article IV, “Zoning Regulations,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended to read as follows: “(e) Review by the director. (1) Upon the filing of a complete application for review of a site plan and a complete site plan submission, the director [of planning and development] shall promptly forward one copy of each to the directors of transportation, public works, and health and human services for their review and comments. The directors of transportation, public works, and health and human services shall review the application and submission and return written recommendations to the director [of planning and development] within 15 calendar days of the filing date. (2) The director [of planning and development] shall make a decision regarding the application and submission within 30 calendar days of the filing date. That decision must take one of three forms: 5 DCA 101-001 (A) Approval, no conditions. (B) Approval, subject to conditions noted. (C) Denial. (3) If the director fails to make a decision regarding the application and submission within 30 calendar days of the filing date, the application and submission are considered to be approved subject to compliance with all applicable city codes, ordinances, rules, and regulations. (4) The time periods in Subsections (e)(1), (e)(2), and (e)(3) do not begin to run until the applicant provides all of the information required in Subsections (b), (c), and (d). In cases where the director requests additional information within 10 calendar days of the filing date, the time periods in Subsections (e)(1), (e)(2), and (e)(3) do not begin to run until the applicant provides the additional information. (5) If the director denies an application or submission, he shall state in writing the specific reasons for denial. If he approves an application or submission subject to conditions, he shall state in writing the specific requirements to be met before issuance of a permit to authorize work on the lot.” SECTION 6. That Subsection (b), of Section 51A-1.104.1, “Applications,” of Article I, “General Provisions,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(b) A waiver application form may be obtained from the department [of development services]. The waiver application form and waiver application fee must be filed with the city secretary.” SECTION 7. That Paragraph (3), “Fee Schedule,” of Subsection (k), “Fees for Miscellaneous Items,” of Section 51A-1.105, “Fees,” of Article I, “General Provisions,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(3) Fee schedule. Type of Application Application Fee Area of Notification for Hearing 6 DCA 101-001 Minor plan amendment $825.00 [200 feet. See also note below] Detailed development plan when $600.00 submitted after passage of an for each ordinance establishing a planned submission development district Waiver of the two year waiting period $300.00 under Section 51A-4.701(d)(3) Extension of the development schedule $75.00 under Section 51A-4.702(g)(3) Waiver of requirement of proof that taxes, $200.00 fees, fines, and penalties are not delinquent under Section 51A-1.104.1 Appeal to the city council of a moratorium $300.00 on a zoning or nonzoning matter handled by the department [of development services] Request for a letter from the department $150.00 [of development services] explaining the availability of water services for a development site Request for a letter from the department $150.00 [of development services] explaining the availability of wastewater services for a development site Request for performance of a wastewater $800.00 capacity analysis on an existing wastewater line to determine its capacity for a proposed development or land use Appeal an apportionment determination $600.00 to the city council Appeal a decision of the landmark $300.00 commission on a predesignation certificate of appropriateness, certificate of appropriateness, or certificate for demolition or removal to the city plan commission 7 DCA 101-001 regarding a single family use or a handicapped group dwelling unit use. Appeal a decision of the landmark $700.00 commission on a predesignation certificate of appropriateness, certificate of appropriateness, or certificate for demolition or removal to the city plan commission regarding any other use. Note: The director shall also send notification of minor plan amendments to the city plan commission members, any known neighborhood associations covering the property, and persons on the early notification list at least 10 days prior to the public hearing.” SECTION 8. That Subparagraph (A) of Paragraph (1) of Subsection (l), “Fees for a Street Name Change,” of Section 51A-1.105, “Fees,” of Article I, “General Provisions,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(A) A street name change fee must be paid to the director [of development services] before an application will be processed.” SECTION 9. That Paragraph (6) of Subsection (n), “Fees for Platting, Replatting, and Other Related Fees,” of Section 51A-1.105, “Fees,” of Article I, “General Provisions,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(6) An applicant who submits engineering plans shall pay to the director [of development services]: (A) $1,050 for the initial submission of engineering plans; (B) no fee for the applicant’s submission of the first modification of the initial submission of engineering plans if it includes only those modifications required in response to comments and requirements made by the department [of development services] after reviewing the initial submission; and (C) $300 for each subsequent submission. The fees required in this paragraph must be paid to the director [of development services] at the time of each submission. After the department [of development services] has approved all 8 DCA 101-001 engineering plans and received payment of all required fees, the director [of development services] shall notify the commission of such approval and payment.” SECTION 10. That Subsection (a), “Adoption,” of Section 51A-1.108, “Comprehensive Plan,” of Article I, “General Provisions,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(a) Adoption. The comprehensive plan was adopted following review by the department [of development services] and the city plan commission, and following a hearing at which the public was given the opportunity to give testimony and present written evidence.” SECTION 11. That Paragraph (28), “Department,” of Section 51A-2.102, “Definitions,” of Article II, “Interpretations and Definitions,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(28) DEPARTMENT means the department of sustainable development and construction [services]. The department of sustainable development and construction was formerly named the department of development services, the department of planning and development, the department of urban design, and the city plan department. Any reference to these departments is a reference to the department of sustainable development and construction.” SECTION 12. That Paragraph (32), “Director,” of Section 51A-2.102, “Definitions,” of Article II, “Interpretations and Definitions,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(32) DIRECTOR means the director of the department of sustainable development and construction [services] or the director’s representative.” SECTION 13. That Paragraph (4) of Subsection (a), “Creation; Membership; Appointment,” of Section 51A-3.103, “Landmark Commission,” of Article III, “Decisionmaking and Administrative Bodies,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(4) In addition to the 15 regular members, representatives from the city plan commission, department of sustainable development and construction [services], the building inspection division of the department of sustainable development and construction [services], code compliance department, urban rehabilitation standards board, and the park and recreation 9 DCA 101-001 department shall sit on the landmark commission as ex officio members. The ex officio members are not entitled to vote but assist the landmark commission in various functions. The department [of development services] shall provide adequate staff support to the landmark commission and shall assign a member of the staff to act as the historic preservation officer.” SECTION 14. That Item (xi), “Parkway Landscape Permit,” of Subparagraph (K), “Landscaping,” of Paragraph (9), “Commercial Parking Garages and Surface Parking Lots,” Subsection (a), “CA-1(A) District,” of Section 51A-4.124, “Central Area Districts,” of Division 51A-4.120, “Nonresidential District Regulations” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(xi) Parkway landscape permit. A parkway landscape permit must be obtained from the director [of development services] for all landscaping in the parkway. (aa) An application for a parkway landscape permit must be in writing on a form approved by the director [of development services] and accompanied by plans or drawings showing the area of the parkway affected and the planting proposed. (bb) Upon receipt of the application, the director [of development services] shall circulate it to all affected city departments, utilities, and other franchise holders for review and comment. If, after receiving those comments, the director [of development services] determines that the construction and planting proposed will not be inconsistent with and will not unreasonably impair the public use of the right-of-way, he shall issue a parkway landscape permit to the property owner; otherwise, he shall deny the permit. (cc) A parkway landscape permit issued by the director [of development services] is subject to immediate revocation upon written notice if at any time he determines that the use of the parkway authorized by the permit is inconsistent with or unreasonably impairs the public use of the right-of-way. (dd) The issuance of a parkway landscape permit under this subparagraph does not excuse the property owner, his agents, or employees from liability in the installation or maintenance of trees or shrubs in the right-of-way.” SECTION 15. That Item (iv), “Operations Plan,” of Subparagraph (E), “Additional Provisions,” Paragraph (5), “Placement of Fill Material,” of Section 51A-4.206, “Miscellaneous Uses,” of Division 51A-4.200, “Use Regulations” of Article IV, “Zoning Regulations,” of 10 DCA 101-001 Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(iv) Operations plan. An applicant shall submit to the director of sustainable development and construction [services] an operations plan which includes: (aa) hours of operation; (bb) location and depth of fill; (cc) fences or any other barriers necessary for safety and screening; (dd) drainage and erosion control measures, if required; (ee) means for protection of trees; (ff) truck routes to be used (usage of truck routes must be in compliance with Article X of Chapter 28 of the Dallas City Code); (gg) the length of time necessary to complete the filling; (hh) sufficient ingress and egress to and from the site; and (ii) any other information the director [of development services] determines is reasonably necessary for a complete review of the proposed filling operations.” SECTION 16. That Item (ii) of Subparagraph (E), “Additional Provisions,” of Paragraph (19), “Motor Vehicle Fueling Station,” Subsection (b), “Specific Uses,” of Section 51A-4.210, “Retail and Personal Service Uses,” of Division 51A-4.200, “Use Regulations” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(ii) A fuel pump island must be constructed in a manner that allows vehicular access adjacent to the island without interfering with or obstructing off-street parking. The building official shall not issue a permit to authorize the construction of a pump island until its placement has been approved by the director [of development services].” 11 DCA 101-001 SECTION 17. That Item (ii) of Subparagraph (E), “Additional Provisions,” of Paragraph (30.1), “Truck Stop,” of Subsection (b), “Specific Uses,” of Section 51A-4.210, “Retail and Personal Service Uses,” of Division 51A-4.200, “Use Regulations” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(ii) A fuel pump island must be constructed in a manner that allows vehicular access adjacent to the island without interfering with or obstructing off-street parking. The building official shall not issue a permit to authorize the construction of a pump island until its placement has been approved by the director [of development services].” SECTION 18. That Item (i) of Subparagraph (E), “Additional Provisions,” of Paragraph (5), “Private Street or Alley,” of Section 51A-4.211, “Transportation Uses,” of Division 51A- 4.200, “Use Regulations” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(i) Private streets and alleys must be constructed and maintained to the standards for public rights-of-way and must be approved by the director [of development services]. Sidewalks are required and must be constructed and maintained to the standards for sidewalks in the public right-of-way. Water and sanitary sewer mains must be installed in accordance with the applicable ordinances.” SECTION 19. That Item (iv) of Subparagraph (E), “Additional Provisions,” Paragraph (5), “Private Street or Alley,” of Section 51A-4.211, “Transportation Uses,” of Division 51A- 4.200, “Use Regulations” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(iv) Street lights comparable with those required on public rights-of-way must be provided. Street lighting design plans must be approved by the director [of development services] in compliance with applicable department of public works and transportation standards.” 12 DCA 101-001 SECTION 20. That Subparagraph (E), “Additional Provisions,” Paragraph (10), “Transit Passenger Station or Transfer Center,” of Section 51A-4.211, “Transportation Uses,” of Division 51A-4.200, “Use Regulations” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(E) Additional provisions: (i) Analyses required. In all districts except central area districts: (aa) transit and parking demand analyses must be submitted with an application for a specific use permit or for an approval by city council resolution; and (bb) a traffic impact analysis is required when the same is requested by the director [of development services], or when the proposed facility will generate more than 1,000 vehicle trips per day. (ii) Landscaping. Landscaping must be provided to comply with Article X of this chapter, or with a landscape plan approved by the city council. In approving a landscape plan, the city council shall, as a minimum, impose landscaping requirements that are reasonably consistent with the standards and purposes of Article X. (iii) Screening. Screening must be provided to comply with Section 51A-4.602, or with a site plan approved by the city council. (iv) Vehicular ingress and egress. (aa) Vehicular ingress and egress between this use and a residential alley is prohibited. For purposes of this paragraph, the term "residential alley" means a public alley or access easement that abuts or is in a single family, duplex, townhouse, or clustered housing district. (bb) Any vehicular ingress and egress between this use and a minor street must be shown on a site plan approved by the city council. (v) Minimum setbacks for parking and maneuvering. In residential districts, all off-street parking spaces and bus bays, including maneuvering areas, must be located behind the required setback lines established in this chapter, or behind the established setbacks for the blockface, whichever results in the greater setback. A minimum setback of ten feet must be provided for a side or rear yard adjacent to a residential use. 13 DCA 101-001 (vi) Outside speaker restrictions. Outside speakers are not permitted within 50 feet of another lot in a residential district. Outside speakers, when permitted, must face away from adjacent properties. (vii) Restrictions on authorization by city council resolution in certain districts. In NO(A), LO(A), MO(A), NS(A), CR, RR, CS, LI, MU-1, MU-1(SAH), MC- 1, and MC-2 districts, authorization by city council resolution is not available unless: (aa) a traffic impact analysis demonstrates to the satisfaction of the director [of development services] that the projected traffic from the proposed facility will not reduce traffic operating conditions on public streets to a level-of-service “E” or “F” as defined in the Highway Capacity Manual, Transportation Research Board of the National Research Council, Washington, D.C.; and (bb) the facility: [1] is located greater than 330 feet from private property (as defined in Section 51A-4.412 of the Dallas Development Code) in a single family, duplex, townhouse, or CH district; [2] has no parking other than that needed for the drop-off and pick-up of passengers, and no more than five bus bays; or [3] is separated from a lot in a single family, duplex, townhouse, or CH district by a street 64 feet or more in width. (viii) Procedures for authorization by city council resolution. Authorization by city council resolution must strictly comply with the following procedures and requirements: (aa) The specific use permit requirement for each particular station or transfer center site shall remain in effect unless and until the city council adopts a resolution approving that site in accordance with this subsection. (bb) An applicant for authorization by city council resolution shall submit a site plan that complies with the requirements of Section 51A-4.803 to the director [of development services]. The director shall review the site plan in accordance with that section and formulate a recommendation for the city council within 30 calendar days of the date of its submission. (cc) Upon formulating a recommendation regarding the site plan, the director shall schedule a public hearing before the city council to receive public comment regarding the plan. The director shall send written notice of the public hearing to all 14 DCA 101-001 owners of real property within 500 feet of the proposed site. The measurement of the 500 feet includes streets and alleys. The notice must be given not less than 10 days before the date set for the hearing. Notice is given by depositing the notice properly addressed and postage paid in the United States mail to the property owners as evidenced by the last approved city tax roll. (dd) The city secretary shall give notice of the public hearing in the official newspaper of the city at least 15 days before the hearing. After the city council holds its public hearing, it shall make a decision regarding the plan. The decision need not be made on the same day that the public hearing is held. (ee) The city council may approve or deny the site plan. An approval must be by resolution adopted by a majority of those councilmembers present and eligible to vote, and a true and correct copy of the site plan must be attached to the resolution as an exhibit. The city council may impose reasonable conditions upon the approval of a site plan consistent with the purposes stated in Section 51A-1.102 of this chapter. Any conditions imposed must be in writing and made part of the resolution. (ff) After a final decision is reached by the city council denying a site plan, no further applications for site plan approval may be considered for that particular station or transfer center site for two years from the date of the final decision. If the city council renders a final decision of denial without prejudice, the two year time limitation is waived. A property owner may apply for a waiver of the two year time limitation by submitting a request in writing to the director [of development services]. Only the city council may waive the time limitation applicable to site plans reviewed under this subsection. A simple majority vote by the city council is required to grant the request. The two year time limitation applicable to site plans reviewed under this subsection does not affect the ability of a property owner to apply for a specific use permit for the same site. (gg) Authorization by city council resolution shall no longer be available for a particular station or transfer center site when an application is made for a specific use permit for that site unless the application is withdrawn prior to the mailing of notices for the public hearing before the city plan commission.” SECTION 21. That Paragraph (13) of Subsection (a), “General Provisions,” of Section 51A-4.301, “Off-Street Parking Regulations,” of Division 51A-4.300, “Off-Street Parking and Loading Regulations” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(13) In an agricultural, multifamily, MH(A), or nonresidential district, a person shall not construct or maintain a parking lot or garage that has access to a public alley or access easement that abuts or is in an R, R(A), D, D(A), TH, TH(A), or CH district unless the director [of development services] approves the means of access.” 15 DCA 101-001 SECTION 22. That Paragraph (3.1) of Subsection (d), “Construction and Maintenance Provisions for Off-Street Parking,” of Section 51A-4.301, “Off-Street Parking Regulations,” of Division 51A-4.300, “Off-Street Parking and Loading Regulations” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(3.1) For a vehicle storage lot use, the surface of a parking space, maneuvering area for parking, or driveway must consist of an all weather material which allows delivery and release of vehicles in all weather conditions as approved by the director [of development services], unless paving surface requirements reasonably consistent with this paragraph and Subsection (d)(4) are provided in an ordinance granting or amending a specific use permit or a planned development district.” SECTION 23. That Paragraph (8) of Subsection (d), “Construction and Maintenance Provisions of Off-Street Parking,” of Section 51A-4.301, “Off Street Parking Regulations,” of Division 51A-4.300, “Off-Street Parking and Loading Regulations” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(8) All off-street parking spaces and areas must comply with the guidelines established in the Off-Street Parking Handbook. The director [of development services] shall keep a true and correct copy of the Off-Street Parking Handbook on file in his office for public inspection and/or copying upon request.” SECTION 24. That Paragraph (1) of Subsection (d), “Shared Access Area Requirements,” of Section 51A-4.411, “Shared Access Development,” of Division 51A-4.400, “Yard, Lot, and Space Regulations” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(1) Design and lighting of the shared access area must be approved by the director [of development services].” 16 DCA 101-001 SECTION 25. That Paragraph (1) of Subsection (k), “Historic Preservation Fund,” of Section 51A-4.501, “Historic Overlay District,” of Division 51A-4.500, “Overlay and Conservation District Regulations” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(1) The department [of development services], in cooperation with community organizations, shall develop appropriate funding structures and shall administer the historic preservation fund.” SECTION 26. That Paragraph (6), “Departmental Review,” of Subsection (e), “Site Plan Process,” of Section 51A-4.502, “Institutional Overlay District,” of Division 51A-4.500, “Overlay and Conservation District Regulations” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(6) Departmental review. The director shall forward the information to the departments of sustainable development and construction [services], public works and transportation, street services, sanitation services, and code compliance, and to any other appropriate departments. Within 30 days following receipt of a completed application for site plan approval, or for a longer time agreed to by the applicant, the departments shall review the proposed development and forward their comments, if any, in writing to the director. Upon conclusion of the departmental review, the director shall forward to the commission the application for site plan approval and the written information provided by the departments. (A) The directors of the departments of public works and transportation and water utilities shall prepare a written statement evaluating the impact of the proposed institutional uses on public facilities including sewers, water utilities, and streets. (B) The director of public works and transportation shall prepare a written statement describing any known drainage or topography problems.” 17 DCA 101-001 SECTION 27. That Subparagraph (C) of Paragraph (2) of Subsection (a), “Initiation,” of Section 51A-4.703, “Board of Adjustment Hearing Procedures,” of Division 51A-4.700, “Zoning Procedures,” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(C) The official shall forward the notice of appeal and the record upon which the appeal is based to the director [of development services].” SECTION 28. That Table 1 in Section 51A-4.803, “Site Plan Review,” of Division 51A- 4.800, “Development Impact Review” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “TABLE 1 TRIP GENERATION ASSUMPTIONS USE TRIPS PER DAY INDUSTRIAL USES 6.97 per 1,000 gsf LODGING USES 10.50 per room OFFICE USES Financial institution without drive-in 140.61 per 1,000 gsf Financial institution with drive-in 265.21 per 1,000 gsf Other by floor area: 10,000 gsf or less 24.60 per 1,000 gsf over 10,000 to 50,000 gsf 16.58 per 1,000 gsf over 50,000 to 100,000 gsf 14.03 per 1,000 gsf over 100,000 to 150,000 gsf 12.71 per 1,000 gsf over 150,000 to 200,000 gsf 11.85 per 1,000 gsf RESIDENTIAL USES Single Family 9.55 Other 6.59/dwelling unit 18 DCA 101-001 RETAIL AND PERSONAL SERVICE USES General merchandise over 3,500 sq. ft. 177.59 per 1,000 gsf General merchandise under 3,500 sq. ft. 737.99 per 1,000 gsf Restaurant without drive-in 205.36 per 1,000 gsf Restaurant with drive-in 786.22 per 1,000 gsf Other: 10,000 gsf or less 167.59 per 1,000 gsf over 10,000 to 50,000 gsf 91.65 per 1,000 gsf over 50,000 to 100,000 gsf 70.67 per 1,000 gsf over 100,000 to 150,000 gsf 62.59 per 1,000 gsf over 150,000 to 200,000 gsf 54.50 per 1,000 gsf WHOLESALE, DISTRIBUTION, AND STORAGE USES Mini-warehouse 2.61 per 1,000 gsf Warehouse 4.88 per 1,000 gsf ‘gsf’ means gross square feet. These rates are based on the ITE Trip Generation Report, 5th edition, January, 1991. Rates for uses and floor areas not listed shall be based on the ITE Trip Generation Report. Rates for uses and floor areas not listed in the ITE Trip Generation Report shall be determined by the director [of development services] based on a survey of similar existing uses.” SECTION 29. That Subparagraph (A) of Paragraph (5) of Subsection (a), “When a Site Plan is Required,” of Section 51A-4.803, “Site Plan Review,” of Division 51A-4.800, “Development Impact Review” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(A) the director [of development services]; or” SECTION 30. That Paragraph (2) of Subsection (e), “Review by the Director,” of Section 51A-4.803, “Site Plan Review,” of Division 51A-4.800, “Development Impact Review” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: 19 DCA 101-001 “(2) The director [of development services] shall make a decision regarding the application and submission within 30 calendar days of the filing date. That decision must take one of three forms: (A) Approval, no conditions. (B) Approval, subject to conditions noted. (C) Denial.” SECTION 31. That Paragraph (2), “Vehicular Circulation and Infrastructure Standards,” of Subsection (f), “Grounds for Denial,” of Section 51A-4.803, “Site Plan Review,” of Division 51A-4.800, “Development Impact Review” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(2) Vehicular circulation and infrastructure standards. (A) Except as otherwise provided in Subsection (g), the director shall deny a site plan under this section if: (i) the provisions for vehicular loading and unloading or parking, or for vehicular or pedestrian circulation, will create hazards to safety or will impose a significant burden upon public facilities which can be avoided or substantially mitigated by reasonable modifications in the plan; or (ii) the site plan is required due to estimated trip generation and the owner of the lot refuses to comply with one or more of the following development-related infrastructure requirements: (aa) The owner shall construct traffic control improvements, including, if applicable, traffic signal upgrades, at intersections adjacent to the lot if the director of public works and transportation determines that such improvements are necessitated by and wholly attributable to the proposed new development. (bb) The owner shall construct right and left turn lanes, stacking lanes, and bus turnouts in right-of-way adjacent to the lot if the director [of development services] determines that such improvements are necessitated by and wholly attributable to the proposed new development. 20 DCA 101-001 (cc) The owner shall dedicate right-of-way or easements to the city to allow for those right and left turn lanes, stacking lanes, and bus turnouts that the director [of development services] determines are necessitated by and wholly attributable to the proposed new development. (B) To construct the improvements required under Subparagraph (A), the owner shall enter into a private development contract satisfactory to the city. The contract must be made according to terms and conditions stated on a form provided by the director [of development services] and approved by the city attorney. The contract must include performance and payment bonds equivalent to those which the city uses and requires in its standard specifications, and the city must be a named obligee in the bonds. (C) In lieu of constructing the improvements required under Subparagraph (A), the owner may voluntarily pay the city an amount equal to the estimated cost of constructing the improvements before issuance of a building permit to authorize work on the lot. For purposes of this subparagraph, the estimated cost of constructing the improvements shall be determined by the director [of development services] on a case by case basis. Such payments, being voluntarily tendered to the city as an optional alternative to the performance of construction work, shall not be "impact fees" as defined by state law, but shall constitute compensation for the city's construction of the required improvements. All payments made pursuant to this subparagraph must be credited to separate interest-bearing accounts and used only for financing construction of the specified improvements. Any payments made that are not spent on the specified improvements within five years after the date of payment must be refunded together with interest accrued at the city's investment rate during the five-year period, less administrative costs. Refunds shall be made to the owner of record shown on the last approved city ad valorem tax roll at the time the refund is paid, except that payments made by a political subdivision or governmental entity shall be refunded to that political subdivision or governmental entity.” SECTION 32. That Subsection (c) of Section 51A-5.106, “Setback from Natural Channel Required,” of Division 51A-5.100, “Flood Plain Regulations” of Article V, “Flood Plain and Escarpment Zone Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(c) A structurally engineered retention system approved by the director [of development services] may be substituted for the setback required in Subsection (b).” SECTION 33. That Subsection (j) of Section 51A-5.204, “Escarpment Permit Application and Review,” of Division 51A-5.200, “Escarpment Regulations,” of Article V, “Flood Plain and Escarpment Zone Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: 21 DCA 101-001 “(j) An inspector from the department [of development services] shall monitor all development for which an escarpment permit is required to ensure compliance with the approved plans, the requirements of this chapter, and all applicable ordinances, rules, and regulations of the city of Dallas.” SECTION 34. That Subsection (a) of Section 51A-5.209, “Escarpment Area Review Committee,” of Division 51A-5.200, “Escarpment Regulations,” of Article V, “Flood Plain and Escarpment Zone Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(a) In order to assist the director and the board of adjustment in the administration and interpretation of these escarpment regulations, and to establish an efficient forum for city input and review of proposed developments in geologically similar areas, an escarpment area review committee ("the committee") shall be established. The committee shall be advisory in nature and be comprised of at least one representative from the departments of sustainable development and construction [services], parks and recreation, and public works and transportation. Members of the committee shall be appointed by the directors of the departments they represent. At least two representatives must be present to constitute a quorum.” SECTION 35. That Paragraph (6), “Director,” of Subsection (c), “Definitions,” of Section 51A-6.108, “Municipal Setting Designation Ordinance,” of Article VI, “Environmental Performance Standards,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(6) DIRECTOR means the managing director of the office of environmental quality [the department of sustainable development and construction] or the director’s representative.” SECTION 36. That Paragraph (1) of Subsection (e), “Staff Review,” of Section 51A- 6.108, “Municipal Setting Designation Ordinance,” of Article VI, “Environmental Performance Standards,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(1) The director shall distribute a copy of the complete application to the city attorney, the department of sustainable development and construction, the office of management services, the department of Trinity watershed management, the park and recreation department, 22 DCA 101-001 the department of public works and transportation, and the Dallas water utilities department for review and comment. The director shall also send a copy of the application to the TCEQ.” SECTION 37. That Subsection (b) of Section 51A-7.504, “Special Sign District Advisory Committee Created,” of Division 51A-7.500, “Special Provision Sign Districts,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(b) The committee shall meet at least once each month with additional meetings upon call by the committee chairman or a simple majority of the committee members. A simple majority of members present shall constitute a quorum and issues shall be decided by a simple majority vote of the members present. The department [of development services] shall furnish staff support to the committee.” SECTION 38. That Section 51A-7.801, “Authority to Amend; Submission of Proposed Amendments to City Plan Commission,” of Division 51A-7.800, “Procedures for Changes and Amendments,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “SEC. 51A-7.801. AUTHORITY TO AMEND; SUBMISSION OF PROPOSED AMENDMENTS TO CITY PLAN COMMISSION. The city council may from time to time amend, supplement, or change this article. The amendment, supplement, or change may be petitioned for by any person, corporation, or group of persons by filing an application and paying an application fee to the department [of development services]. Proposals for amending, supplementing, or changing this article in the public interest may also be initiated by motion of the city council or the city plan commission. Before taking any action on a proposed amendment, supplement, or change, the city council shall submit the same to the city plan commission for its recommendation and report.” SECTION 39. That Paragraph (2) of Subsection (a), “Signs Over the Right-of-Way,” of Section 51A-7.907, “Special Provisions for Signs Within the General CBD, Main Street, and Retail Subdistricts,” of Division 51A-7.900, “Downtown Special Provision Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: 23 DCA 101-001 “(2) The director [of development services] shall review the location of any sign located in or overhanging the public right-of-way to ensure that the sign will not pose a traffic hazard or visibility obstruction.” SECTION 40. That Subsection (a) of Section 51A-7.913, “Signs on Construction Barricades,” of Division 51A-7.900, “Downtown Special Provision Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(a) The director [of development services] shall review all signs to be placed on a construction barricade for consistency with the construction fence requirements of the Dallas Central Business District Streetscape plan. Upon approval of the signs by the director, a sign permit for the signs may be issued. This review is a condition precedent for any permit issued for a construction barricade. No additional sign permits for the barricade may be issued after the barricade permit is issued.” SECTION 41. That Subsection (c) of Section 51A-7.1204, “Arts District Sign Permit Requirement,” of Division 51A-7.1200, “Provisions for Arts District Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(c) No sign permit may be issued to authorize a sign in this district unless the director [of development services (“the director”)] has first issued a certificate of appropriateness in accordance with this section.” SECTION 42. That Subsection (e) of Section 51A-7.1204, “Arts District Sign Permit Requirement,” of Division 51A-7.1200, “Provisions for Arts District Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(e) The committee shall meet upon the call of the chair or a simple majority of the committee members. A simple majority of members present shall constitute a quorum, and issues shall be decided by a simple majority vote of the members present. The department [of development services] shall furnish staff support to the committee.” 24 DCA 101-001 SECTION 43. That Paragraph (6) of Subsection (c), “Detached Movement Control Signs in the Camden Sign Subdistrict,” of Section 51A-7.1607, “Special Provisions for Detached Signs,” of Division 51A-7.1600, “Farmers Market Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(6) A detached movement control sign may be located within a visibility triangle, as defined in Section 51A-4.602(d), if the director [of development services] finds that the sign will not pose a traffic hazard.” SECTION 44. That Subsection (c) of Section 51A-7.2104, “Arts District Extension Area Sign Permit Requirement,” of Division 51A-7.2100, “Provisions for the Arts District Extension Area Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(c) No sign permit may be issued to authorize a sign in this district unless the director [of development services (“the director”)] has first issued a certificate of appropriateness in accordance with this section.” SECTION 45. That Subparagraph (D) of Paragraph (6), “Satisfaction of Conditions Required,” of Subsection (a), “Plat Approval Process,” of Section 51A-8.403, “Platting Process,” of Division 51A-8.400, “Procedures,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(D) Releases must be secured by the applicant from the department of sustainable development and construction [services], the city controller, and the city attorney.” SECTION 46. That Section 51A-8.404, “Engineering Plan Approval Procedure,” of Division 51A-8.400, “Procedures,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: 25 DCA 101-001 “SEC. 51A-8.404. ENGINEERING PLAN APPROVAL PROCEDURE. (a) Generally. A person seeking approval of engineering plans for infrastructure must not submit those plans until a preliminary plat has been approved for the property which the infrastructure is to serve. After approval of the preliminary plat, plans for the infrastructure must be submitted to the department [of development services]. The director [of development services] shall review the plans submitted under this section for completeness. (b) Contents of engineering plans. Plans submitted must include the following: (1) All required fees. (2) A completed private development checklist on a form provided by the department [of development services]. The form must be signed by the professional engineer responsible for the plans. (3) A completed fee receipt on a form approved by the director [of development services]. (4) Two blueline prints of the approved preliminary plat. (5) Two sets of infrastructure plans. (6) A copy of any specific use permit or planned development district ordinance regulating the property. (7) A copy of any deed restrictions regulating the property in which the city of Dallas is an enforcing party. (c) Staff review of engineering plans. All affected divisions of the department [of development services] shall review the engineering plans against the established criteria and forward their comments to the director [of development services]. Changes or corrections in the design or right-of-way requirements must be itemized and forwarded, in writing, to the responsible engineer and the owner as those persons are reflected on the private development checklist. (d) Required off-site easements. If off-site easements or rights-of-way are required to accomplish the construction shown in the engineering plans, field notes describing the easements or rights-of-way, sketches showing the required easements or rights-of-way, copies of recorded deeds for all affected property, and agreements from the owners of the off-site property must be submitted before approval of the plans. The agreements are acceptable only if they are from the current owners and were executed less than one year before the time they are submitted. 26 DCA 101-001 (e) Infrastructure plans approval. Upon approval of the infrastructure engineering plans, the applicant shall be notified by the director [of development services] and advised of the documents needed to secure a final release from the department [of development services]. (f) Extension of infrastructure plan approval. An extension of the approval of the street paving, storm drainage, bridge, and culvert plans will be considered upon a formal request by the owner to the director of public works and transportation. Six-month extensions may be granted only if the conditions surrounding the plat, as well as the standards, criteria, and requirements listed in Section 51A-8.601 do not require a redesign of the infrastructure improvements.” SECTION 47. That Paragraph (4) of Subsection (b), “Frontage,” of Section 51A-8.503, “Lots,” of Division 51A-8.500, “Subdivision Layout and Design,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(4) If four or more single family, townhouse, and duplex lots share a private driveway, a private driveway easement must be provided. The private driveway easement must provide a minimum access width of 20 feet with a flare to 30 feet at its intersection with the curb line of a minor street, and a flare to 40 feet at its intersection with the curb line of a thoroughfare. The private driveway access easement need not be exclusive to a particular lot, but must be indicated on the plat, and must have direct access to a dedicated public street or a private street approved in accordance with this chapter. No more than four lots may share a private driveway access easement unless, upon recommendation from the director [of development services], the commission finds that the extraordinary topography or shape of the property unduly limits the development potential of the property, and that the proposed development is consistent with the spirit and intent of this chapter. The shared access area in a shared access development is not subject to this paragraph.” SECTION 48. That Subsection (c), “Residential Access to Thoroughfares,” of Section 51A-8.503, “Lots,” of Division 51A-8.500, “Subdivision Layout and Design,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(c) Residential access to thoroughfares. Where single family, townhouse, or duplex lots abut a divided thoroughfare, driveway access to the thoroughfare is prohibited unless, upon recommendation of the director [of development services], the commission finds that the extraordinary topography or shape of the property unduly limits the development potential of the property, and the proposed development is consistent with the spirit and intent of this chapter. If the commission permits access under this subsection, the traffic barrier otherwise required in Section 51A-8.618 is waived.” 27 DCA 101-001 SECTION 49. That Subsection (a), “Block Length,” of Section 51A-8.504, “Blocks,” of Division 51A-8.500, “Subdivision Layout and Design,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(a) Block length. Block lengths in plats for single family lots should not exceed 1200 feet measured from block corner to block corner. The length may be extended if, upon recommendation from the director [of development services], the commission finds that the extraordinary topography or shape of the property unduly limits the development potential of the property, and that the proposed development is consistent with the spirit and intent of this chapter.” SECTION 50. That Subsection (b), “Dead-End Streets,” of Section 51A-8.506, “Street Layout,” of Division 51A-8.500, “Subdivision Layout and Design,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(b) Dead-end streets. (1) Temporary dead-end streets. If adjacent property is undeveloped and a street must terminate temporarily, the right-of-way must extend to the boundary of the plat. When a temporary dead-end street is shown on a plat, a temporary circular or "T" shaped turnaround must be provided and shown as an easement on the subdivision plat, and must be indicated on the plat by dotted lines. No turnaround is required if the street is 150 feet or less in length, measured from the intersection of the street right-of-way lines with the subdivision boundary to the street’s intersection with a through street. All temporary turnarounds are subject to approval by the director [of development services]. (2) Permanent dead-end streets. (A) Except as otherwise provided in this paragraph, if a permanent dead-end street is created within a proposed plat, a circular turnaround or other approved turnaround must be provided. The minimum radius for the circular turnaround is 50 feet for the right-of-way and 43.5 feet for the pavement measured to the back of the curb. The length of permanent dead-end streets must not exceed 600 feet, measured along the centerline from the block corner to the center of the cul-de-sac. The length of a permanent dead-end street may be extended upon recommendation of the director [of development services] if he or she finds that the extraordinary topography or shape of the property unduly limits the development potential of 28 DCA 101-001 the property, and that the proposed development is consistent with the spirit and intent of this chapter. (B) A waiver to the requirement of a turnaround for a dead-end street may be obtained from the director [of development services] only upon the director’s determination that a turnaround is not needed to serve the traffic on the street or otherwise needed to protect the public interest.” SECTION 51. That Subsection (e), “Street Names,” of Section 51A-8.506, “Street Layout,” of Division 51A-8.500, “Subdivision Layout and Design,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(e) Street names. The naming of public or private streets created through the platting process is the responsibility of the applicant. Street names must conform to the standards for street names contained in Division 51A-9.300 of this chapter. All proposed street names must be reviewed by the fire department, the department of sustainable development and construction [services], and the police department before consideration by the commission.” SECTION 52. That Paragraph (4) of Subsection (b), “Regulations,” of Section 51A- 8.507, “Alleys,” of Division 51A-8.500, “Subdivision Layout and Design,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(4) Permanent dead-end alleys are not allowed unless all access is prohibited between the alley and public rights-of-way. Alleys must either intersect with a dedicated public or private undivided street or an existing alley. If a dead-end alley is shown on a proposed plat, an approved turnaround must be provided unless a waiver is obtained from the director [of development services]. A waiver is permitted only if the director [of development services] determines a turnaround is not necessitated by the amount of traffic on the alley, nor otherwise needed to protect the public interest.” SECTION 53. That Subsection (b), “Water Supply,” of Section 51A-8.509, “Fire and Police Access,” of Division 51A-8.500, “Subdivision Layout and Design,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: 29 DCA 101-001 “(b) Water supply. Provisions must be made for the extension of water lines and the appropriate placement of fire hydrants as required by the department [of development services] before approval of the final plat.” SECTION 54. That Subsection (g) of Section 51A-8.510, “Community Unit Development,” of Division 51A-8.500, “Subdivision Layout and Design,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(g) Open space provided in a CUD must be approved as appropriate for its intended purpose by the director [of development services]. The open space area must be within 1320 feet, measured radially, of any residential lot that is reduced in size in accordance with Subsection (c) of this section. (1) Unimproved open space: (A) may extend into floodway easements or floodway management areas; (B) must be indicated on the plat with a prohibition of structures and parking areas; and (C) must have a minimum of 10,000 square feet. (2) Improved open space: (A) must not extend into floodway easements or floodway management areas unless the proposed improvements are in compliance with Division 51A- 5.100 of this chapter; and (B) must be developed in accordance with a site plan approved by the city council after recommendation by the commission. The site plan must include the location and dimensions of all improvements and structures planned for the open space.” SECTION 55. That Paragraph (7) of Subsection (b) of Section 51A-8.601, “General Standards,” of Division 51A-8.600, “Infrastructure Design and Construction,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(7) The Plan Development Checklist of the department [of development services].” 30 DCA 101-001 SECTION 56. That Subparagraph (B) of Paragraph (1) of Subsection (c), “Streets,” of Section 51A-8.602, “Dedications,” of Division 51A-8.600, “Infrastructure Design and Construction,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(B) When a thoroughfare is along the perimeter of a proposed plat, sufficient right-of-way must be dedicated to provide one-half of the thoroughfare plan requirement, measured from the centerline of the existing right-of-way or, if there is no existing right-of-way, the proposed right-of-way as determined by the director [of development services]. If the property on the side of the thoroughfare opposite the property to be platted is railroad right-of-way or a utility or floodway easement, or if some physical or topographical condition makes the property on that side of the street undesirable for street right-of-way, the commission may require a correspondingly greater dedication.” SECTION 57. That Subparagraph (D) of Paragraph (3) of Subsection (c), “Streets,” of Section 51A-8.602, “Dedications,” of Division 51A-8.600, “Infrastructure Design and Construction,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(D) the director [of development services] recommends the waiver; and” SECTION 58. That Paragraph (1) of Subsection (d), “Private Streets Criteria,” of Section 51A-8.604, “Street Engineering Design and Construction,” of Division 51A-8.600, “Infrastructure Design and Construction,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(1) Private streets must be constructed and maintained to the standards for public rights-of-way and must be approved by the director [of development services]. Sidewalks are required and must be constructed and maintained to the standards for sidewalks in the public right-of-way. Water and wastewater mains must be installed in accordance with the applicable ordinances.” 31 DCA 101-001 SECTION 59. That Paragraph (4) of Subsection (d), “Private Streets Criteria,” of Section 51A-8.604, “Street Engineering Design and Construction,” of Division 51A-8.600, “Infrastructure Design and Construction,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(4) Street lights comparable with those required on public rights-of-way must be provided. Street lighting design plans must be approved by the director [of development services] based upon applicable guidelines.” SECTION 60. That Subsection (a), “Required,” of Section 51A-8.606, “Sidewalks,” of Division 51A-8.600, “Infrastructure Design and Construction,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(a) Required. Sidewalk construction is required along all public and private streets unless waived by the director [of development services].” SECTION 61. That Subsection (d), “Waiver of Sidewalks,” of Section 51A-8.606, “Sidewalks,” of Division 51A-8.600, “Infrastructure Design and Construction,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(d) Waiver of sidewalks. A person desiring a waiver of a sidewalk requirement shall make application to the director [of development services]. The director [of development services] shall take into account any specific pedestrian traffic need such as a project recommended by the school children safety committee, transit stops, parks and playgrounds, and other population intensive areas when considering the request for sidewalk waivers. Should the director [of development services] waive the required sidewalks, the waiver does not preclude the city from installing sidewalks at some later time and assessing the abutting owners for the cost of the installation. A waiver of the sidewalk requirement may be appropriate in the following instances: (1) The potential pedestrian traffic in the area is so minimal that sidewalks are not warranted. 32 DCA 101-001 (2) In a single family or duplex zoning district, at least 50 percent of the lots located on the same side of the block as the proposed plat have been developed with completed, approved structures without sidewalks. (3) A permanent line and grade cannot be set within the public street right-of- way. (4) It is desirable to preserve natural topography or vegetation preexisting the proposed plat, and pedestrian traffic can be accommodated internally on the property.” SECTION 62. That Paragraph (3) of Subsection (b), “When Required,” of Section 51A- 8.607, “Median Openings, Extra Lanes, and Driveways,” of Division 51A-8.600, “Infrastructure Design and Construction,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(3) they are recommended and approved by the director [of development services] for proper traffic management.” SECTION 63. That Paragraph (4) of Subsection (d), “Relocation of Openings,” of Section 51A-8.607, “Median Openings, Extra Lanes, and Driveways,” of Division 51A-8.600, “Infrastructure Design and Construction,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(4) the proposed relocation is shown on engineering plans approved by the director [of development services].” SECTION 64. That Section 51A-8.609, “Railroad Crossings,” of Division 51A-8.600, “Infrastructure Design and Construction,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: 33 DCA 101-001 “SEC. 51A-8.609. RAILROAD CROSSINGS. (a) Generally. All engineering plans and construction of infrastructure in the railroad right-of-way must be approved by the department [of development services] and the railroad. (b) Pipeline license agreements. All underground improvements in the railroad right- of-way require pipeline license agreements. The owner of the property to be platted is responsible for securing railroad approval and all costs associated with plan approval, insurance, and construction. (c) Railroad agreements. All surface improvements in the railroad right-of-way require railroad agreements. The owner of the property to be platted is responsible for securing railroad approval and all costs associated with plan approval, insurance, and construction. (d) Agreement processing. Both railroad agreements and railroad license agreements are processed in the following manner: (1) The owner of the property to be platted submits the executed agreement to the director [of development services] for approval. (2) Upon approval, all required funding must be submitted to the director, who coordinates the receipt of documents and funding and schedules the items for city council approval. (3) No improvements are permitted until all agreements are accepted and executed, and all funding has been received by the city. (4) No improvements may be accepted until receipt and approval of final invoices from the railroad. (5) The owner is responsible for any shortfall in funding. (6) The city refunds any remaining funds to the owner should the final cost prove less than the funding supplied by the developer. (e) No work permitted until agreements complete. Infrastructure work in the railroad right-of-way is not permitted until: (1) completed agreements have been executed between the city and the property owner; (2) completed agreements have been executed between the city and the railroad; and (3) all required funding for the agreements is received by the city. 34 DCA 101-001 (f) Payment to railroad. The city shall forward funds received from the owner to the railroad upon acceptance of the improvements by both the director [of development services] and the railroad, and after receipt and approval of the final invoices from the railroad. The owner is responsible for any additional costs or cost overruns on the work, and the city shall refund any remaining funds to the developer should the final cost be less than the funding supplied by the developer.” SECTION 65. That Section 51A-8.612, “Private Development Contracts,” of Division 51A-8.600, “Infrastructure Design and Construction,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “SEC. 51A-8.612. PRIVATE DEVELOPMENT CONTRACTS. (a) Generally. Once the infrastructure plans and apportionment determination have been approved, but before the final release of a plat or approval of a zoning district classification or boundary change requiring an exaction, private development contracts must be executed by the chief engineer for sustainable development and construction [services] to build the proposed infrastructure facilities. Private development contracts for water and wastewater improvements, if needed, must comply with Chapter 49 of the Dallas City Code. Private development contracts for other infrastructure improvements must comply with this section. In addition, to ensure that the city will not incur claims or liabilities as a result of the developer's failure to make payment in accordance with the terms of a private development contract, the director [of development services] may require the developer, as a precondition of approval or release of a final plat or approval of a zoning district classification or boundary change requiring an exaction, to provide sufficient surety guaranteeing satisfaction of claims against the development in the event such default occurs. The surety shall be in the amount of the private development contract. The surety shall also be in the form of a bond, escrow account, cash deposit or unconditional letter of credit drawn on a state or federally chartered lending institution. The form of surety shall be reviewed and approved by the city attorney. If a bond is furnished, the bond shall be on a form provided by the director and approved by the city attorney. The bond shall be executed by the developer and at least one corporate surety authorized to do business and licensed to issue surety bonds in the State of Texas and otherwise acceptable to the city. If a cash deposit is provided, the deposit shall be placed in a special account and shall not be used for any other purpose. Interest accruing on the special account shall be credited to the developer. If an escrow account is provided, the account shall be placed with a state or federally chartered lending institution with a principal office or branch in Texas, and any escrow agreement between the developer and the escrowing institution shall provide for a retainage of not less than ten percent of the private development contract amount, to be held until the director gives written approval of the construction of the facilities. (b) Cost. The cost of infrastructure construction is the responsibility of the developer of the property to be platted except as provided in Sections 51A-1.109 and 51A-8.614. 35 DCA 101-001 (c) Form. The private development contract must be on a form provided by the director [of development services] and approved by the city attorney. (d) Bonds. The private development contract must include performance and payment bonds equivalent to those the city uses and requires in its standard specifications, and the city must be a named obligee in the bonds. (e) Duplicate plans. As part of the contract submission, duplicate sets of approved plans must be submitted to the director [of development services] in sufficient number to meet the current contract plan distribution requirements of the city. (f) Construction inspection. Before the approval of a private development contract, the owner shall submit to the director [of development services] the name of the engineer licensed to practice in the State of Texas with whom he has contracted to provide the required construction inspection. The engineer performing the construction inspection shall attest to the director that the engineer, or a qualified member of the engineer’s firm, made periodic visits to the worksite, as dictated by recognized and customary practice, to inspect the construction of the storm drainage, street paving, bridge, culvert, and traffic signal improvements, and to assure that the improvements were constructed according to the approved plans, profiles, details, and specifications for the project. The engineer shall submit copies of the construction inspection reports along with his declaration. (g) Material testing. Before the approval of a private development contract, the name of a local materials testing company that is: (1) competent in the field of testing pertinent to the contract; and (2) under contract with the owner; must be submitted to and approved by the director [of development services]. Materials testing and certification must comply with the standard specifications for public works construction. (h) Authorization to begin. No construction of infrastructure improvements may begin until a letter authorizing the construction has been issued by the director [of development services]. (i) Order of construction. (1) Except where the contractor has obtained a permit to barricade and occupy existing street right-of-way, paving and storm drainage construction which must be accomplished in existing public right-of-way must be completed and accepted by the department [of development services] before the issuance of any building permits for structures in the platted area unless waived by the director [of development services] when sequencing of the work is infeasible. If paving and storm drainage work in existing right-of-way and work requiring a building permit are allowed to occur simultaneously, the paving and storm drainage work must be completed and accepted by the department [of development services] before the issuance of a certificate of occupancy or authorization for utility connections. 36 DCA 101-001 (2) In order to obtain building permits for structures to be constructed in the platted area: (A) all required infrastructure work must have been completed and accepted; or (B) the necessary infrastructure work to satisfy the fire department requirements must have been completed, and the developer must have furnished satisfactory evidence in the form of a development bond, approved by the city attorney and furnished by the property owner with the city of Dallas named as the obligee on the bond, in an amount equal to the estimated cost of the uncompleted infrastructure. The estimated cost of the uncompleted infrastructure must be approved by the director [of development services]. (3) Private development contracts for paving must not be approved by the city until the related storm drainage construction is completed and acceptable, and a water and wastewater release is issued by the director of water utilities approving the related water facilities construction work beneath or in close proximity to the proposed pavement. (j) Assurance of compliance. The owner of the property to be platted is responsible for all construction and inspection services required for paving and drainage improvements. The owner shall ensure that the work is performed and completed in conformance with the approved plans, the standard specifications for public works construction, and the standard construction details. The responsible engineer shall certify in writing that the materials and work are in conformance with all plans and specifications. (k) Letter of acceptance. No infrastructure improvements are considered accepted until: (1) the owner has filed an affidavit affirming that: (A) all parties to the private development contracts have been paid except for the normal and usual 10 percent retainage; and (B) no liens exist on the property dedicated; (2) the department [of development services] has a copy of the approved recorded plat; (3) the director [of development services] has inspected the infrastructure improvements and determined that they comply with the approved plans and specifications and all applicable city ordinances; (4) all fees required by this chapter or another city ordinance for the construction of the infrastructure improvements have been paid to the city; 37 DCA 101-001 (5) a letter of acceptance has been issued by the director [of development services]; and (6) the engineer of record has certified that all addition corners have been set pursuant to Section 51A-8.617. (l) Maintenance and repairs. The contractor responsible for the construction of the infrastructure shall make maintenance repairs and replace all defective materials and workmanship for a period of one year from the date of the acceptance of the improvements. The decision of the director [of development services] is conclusive on the determination as to needed maintenance or defective materials or workmanship. The director’s determination shall be based upon applicable guidelines.” SECTION 66. That Subsection (b) of Section 51A-8.613, “Covenant Procedures,” of Division 51A-8.600, “Infrastructure Design and Construction,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(b) Upon approval of the terms of the paving and storm drainage covenant by the director [of development services], the owner shall execute the covenant on a form provided by the director. Executed covenants must be submitted to the department [of development services] for processing.” SECTION 67. That Subsection (e) of Section 51A-8.613, “Covenant Procedures,” of Division 51A-8.600, “Infrastructure Design and Construction,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(e) Upon determination by the director [of development services] that all conditions of a covenant have been fulfilled, the city manager may execute, and cause to be filed of record, a release of the covenant without the necessity of city council approval. In the event of a conflict between this subsection and other provisions in the Dallas City Code, this subsection controls.” SECTION 68. That Subsection (c), “Design,” of Section 51A-8.618, “Traffic Barriers,” of Division 51A-8.600, “Infrastructure Design and Construction,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: 38 DCA 101-001 “(c) Design. The design and construction of traffic barriers must be approved by the director [of development services]. If concrete is used for traffic barriers, it must be reinforced and have a minimum compressive strength of 3000 pounds per square inch at 28 days test. The traffic barrier must be at least 24 inches in height. All traffic barriers must be maintained by the property owner or a homeowners association.” SECTION 69. That Subsection (e), “Acceptance of Construction,” of Section 51A-8.618, “Traffic Barriers,” of Division 51A-8.600, “Infrastructure Design and Construction,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(e) Acceptance of construction. All traffic barriers must be constructed under a private development contract in accordance with Section 51A-8.612. If a screening wall serves as a traffic barrier, it must be designed by an engineer and approved by the director [of development services].” SECTION 70. That Section 51A-8.620, “Retaining Walls,” of Division 51A-8.600, “Infrastructure Design and Construction,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “SEC. 51A-8.620. RETAINING WALLS. All retaining walls located on private property along public rights-of-way or easements must be constructed of reinforced concrete or other materials determined to be sufficiently durable by the director [of development services]. Retaining wall design must be approved by director of public works and transportation to ensure site conditions are adequately addressed by the design. Engineer certification and building permits may be required by other applicable regulations.” SECTION 71. That Paragraph (9) of Subsection (d), “Requirements for Approval,” of Section 51A-8.702, “Early Release of Building or Foundation Permit,” of Division 51A-8.700, “Administration,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: 39 DCA 101-001 “(9) infrastructure plans for the proposed plat have been submitted to the department [of development services] and are in general conformance with city standards;” SECTION 72. That Paragraph (10) of Subsection (d), “Requirements for Approval,” of Section 51A-8.702, “Early Release of Building or Foundation Permit,” of Division 51A-8.700, “Administration,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(10) if required by the director [of development services], private development contracts and bonds have been submitted;” SECTION 73. That Subsection (a) of Section 51A-8.707, “Platting in the Escarpment Zone and in the Geologically Similar Area,” of Division 51A-8.700, “Administration,” of Article VIII, “Plat Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(a) The commission or the subdivision administrator shall refuse permission to plat property in the escarpment zone or in the geologically similar area, as defined in the escarpment regulations of this chapter, unless the director [of development services] has first issued an escarpment permit for the development proposed.” SECTION 74. That Paragraph (2) of Subsection (b) of Section 51A-9.302, “General Provisions,” of Division 51A-9.300, “Street Naming and Name Change Process,” of Article IX, “Thoroughfares,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(2) the director of the department [of development services] if necessary to address public safety concerns;” SECTION 75. That Section 51A-9.303, “Application,” of Division 51A-9.300, “Street Naming and Name Change Process,” of Article IX, “Thoroughfares,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: 40 DCA 101-001 “SEC. 51A-9.303. APPLICATION. An application for a street name change must be filed with the department [of development services] on an application form furnished by that department. The application must include the following: (1) The application fee. The city council may waive the application fee if the city council finds that payment of the fee would result in substantial financial hardship to the applicant. (2) A statement of the reasons supporting a street name change. (3) The existing and proposed street names. (4) The roadway’s status as a major roadway or a minor roadway. (5) For all applications except those made by the director [of development services], a city council member, or the city plan commission, a petition indicating that at least 51 percent of the owners of all lots abutting the street favor the name change. (6) A site plan showing the location of the street.” SECTION 76. That Paragraph (4) of Subsection (a) of Section 51A-9.305, “Review of Application,” of Division 51A-9.300, “Street Naming and Name Change Process,” of Article IX, “Thoroughfares,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(4) Department of sustainable development and construction [services].” SECTION 77. That Paragraph (1) of Subsection (c), “Reforestation Fund,” of Section 51A-10.135, “Alternative Methods of Compliance with Tree Replacement Requirements,” of Division 51A-10.130, “Tree Preservation, Removal, and Replacement,” of Article X, “Landscape and Tree Preservation Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: 41 DCA 101-001 “(1) The director [of development services] shall administer the reforestation fund to purchase trees to plant on public property or to acquire conservation easements or wooded property.” SECTION 78. That Subparagraph (H) of Paragraph (6) of Subsection (b) of Section 51A-10.140, “Criminal Responsibility, and Defenses to Prosecution,” of Division 51A-10.130, “Tree Preservation, Removal, and Replacement,” of Article X, “Landscape and Tree Preservation Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(H) the director of sustainable development and construction [services];” SECTION 79. That Paragraph (3) of Subsection (b) of Section 51P-16.116, “Landscaping,” of Article 16, “PD 16,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(3) Drainage improvements approved by the Building Official must be installed in the 50-foot buffer strip within 120 days after June 14, 2006 or prior to the issuance of a certificate of occupancy for any use on the Property, whichever is earlier. The owner of the Property must submit the engineering plans for the proposed drainage system to the engineering division of the [development services] department for review and approval. These plans must be sealed by a licensed engineer who is registered to practice in the state of Texas. The proposed drainage system must be adequate for its purpose and must comply with all city requirements including but not limited to discharge velocity, erosion control, and positive drainage.” SECTION 80. That Section 51P-50.119, “Property Owners’ Association Required,” of Article 50, “PD 50,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-50.119. PROPERTY OWNERS’ ASSOCIATION REQUIRED. Prior to the sale of any lot or parcel within this PD, a property owners’ association must be created to provide for maintenance of common open areas, facilities, parking courts, and easements. The provisions of this association must be submitted to the department [of development services], approved as to form by the city attorney, and filed for record with the County Clerk of Dallas County, Texas.” 42 DCA 101-001 SECTION 81. That Paragraph (12), “Director,” of Subsection (a) of Section 51P-63.103, “Definitions,” of Article 63, “PD 63,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(12) DIRECTOR means the director of sustainable development and construction [services] or his representative. SECTION 82. That Section 51P-80.105, “Development Plan,” of Article 80, “PD 80,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-80.105. DEVELOPMENT PLAN. The Phase I development plan (Exhibit 80B), as approved by the city plan commission, is attached to and made a part of Ordinance No. 14912. A development plan for each additional phase as referenced on the conceptual plan must be approved by the city plan commission, attested by the chairman of the city plan commission and the director [of development services] prior to the issuance of any building permits within the designated phase, and attached to and made a part of Ordinance No. 14912 by resolution of the city council.” SECTION 83. That Section 51P-85.105, “Development Plan,” of Article 85, “PD 85,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-85.105. DEVELOPMENT PLAN. (a) A detailed development plan for the area designated as Phase I on the conceptual plan must be submitted to the city plan commission within six months after the passage of Ordinance No. 14991. A plan may be submitted on either Area "A" or Area "B" or Areas "A" and "B" of Phase I. A Phase I plan must be approved by the city plan commission, signed by the director [of development services], and attested by the chair of the city plan commission prior to the issuance of a building permit within the boundaries of the designated phase. 43 DCA 101-001 (b) A detailed development plan must also be submitted and approved by the city plan commission, signed by the director [of development services] and attested by the chair of the city plan commission on each subsequent phase of development prior to the issuance of a building permit within that phase. (c) Each approved development plan must be attached to and made a part of the ordinance through resolution of the city council. Development within this PD must comply with the approved development plans. (d) A development plan for Phase I, Area “A” is labelled Exhibit 85B. A development plan for Phase I, Area “B” is labelled Exhibit 85C. A development plan for the first phase of the retail area is labelled Exhibit 85D. A development plan for the second phase of the retail area is labelled Exhibit 85E. A development plan for the first phase of the office area is labelled Exhibit 85F. A development plan for the second phase of the office area is labelled Exhibit 85G.” SECTION 84. That Subsection (a) of Section 51P-90.106, “Development Plan,” of Article 90, “PD 90,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(a) A detailed development plan for the initial area of development and/or utilization must be submitted to the city plan commission within six months after the passage of Ordinance No. 15236, and must be approved by the city plan commission, signed by the director [of development services], and attested by the chair of the city plan commission prior to the issuance of a building permit.” SECTION 85. That Subsection (b) of Section 51P-95.105, “Development Plan,” of Article 95, “PD 95,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(b) A detailed development plan must be submitted and approved by the city plan commission, signed by the director [of development services], and attested by the chair of the city plan commission on each subsequent phase of development prior to the issuance of the building permit within that phase.” 44 DCA 101-001 SECTION 86. That Paragraph (13), “Director,” of Subsection (a), “Definitions,” of Section 51P-97.105, “Definitions and Interpretations,” of Article 97, “PD 97,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(13) DIRECTOR means the director of sustainable development and construction [services] or the director’s representative.” SECTION 87. That Subsection (a) of Section 51P-99.111, “Appeals,” of Article 99, “PD 99,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(a) An applicant may appeal any decision made by the director pursuant to this article to the board of adjustment by filing a written request for appeal with the department [of development services] within 10 days after notice is given to the applicant of the director’s decision.” SECTION 88. That Subsection (c), “Detailed Development Plans,” of Section 51P- 114.105, “Development Plan,” of Article 114, “PD 114,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(c) Detailed development plans. The applicant for development plan approval must furnish copies of the plan to the Far North Dallas Homeowner's Coalition; the Prestonwood Sections 19, 20, and 21 Homeowner's Association; and the Woodstream Property Association, or the designee of each, prior to the date the city plan commission considers the plan. The detailed development plan must include the site plan requisites listed in the "Development Impact Review" section of the Dallas Development Code. In deciding whether to approve or deny a development plan, the city plan commission shall follow the standards set out for the director [of development services] in the "Development Impact Review" section of the Dallas Development Code.” 45 DCA 101-001 SECTION 89. That Section 51P-121.105, “Development Plan,” of Article 121, “PD 121,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-121.105. DEVELOPMENT PLAN. (a) A detailed development plan for the areas designated as Phase 1a and/or Phase 1b on the conceptual plan must be submitted to the city plan commission within six months of November 5, 1980. A Phase 1 plan must be approved by the city plan commission, signed by the director [of development services], and attested by the chair of the city plan commission prior to issuance of a building permit within the boundaries of the designated phase. [Editor’s note: A Phase 1a and Phase 1b development plan (Exhibit 121B) was approved by the Dallas City Council on November 12, 1997. A development plan for Phases 2, 3, and 4 (Exhibit 121C) was approved by the Dallas City Council on July 17, 1985.] (b) A detailed development plan must also be submitted and approved by the city plan commission, signed by the director [of development services], and attested by the chair of the city plan commission on each subsequent phase of development prior to the issuance of a building permit within that phase. (c) Each approved development plan must be attached to and made a part of the ordinance through resolution of the city council. Development within this PD must be in accordance with the approved development plan.” SECTION 90. That Section 51P-143.107, “Development Plan,” of Article 143, “PD 143,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-143.107. DEVELOPMENT PLAN. No building permit for construction on any portion of the Property may be issued until a detailed development plan for that portion of the Property is submitted to and approved by the city plan commission. The detailed development plan must include the site plan requisites listed in Section 51-4.803(d). In deciding whether to approve or deny the development plan, the city plan commission shall follow the standards set out for the director [of development services] in Section 51-4.803.” 46 DCA 101-001 SECTION 91. That Subsection (a) of Section 51P-143.118, “Private School Pick- Up/Drop-Off,” of Article 143, “PD 143,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(a) The development plan approved for a private school must include an on-site pick- up and drop-off area approved by the director [of development services] that complies with the provisions outlined in the Traffic Circulation Study (Exhibit 143D).” SECTION 92. That Section 51P-145.105, “Development Plan Review for All Development Within the Dallas Arts District, Except Subarea 1,” of Article 145, “PD 145,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-145.105. DEVELOPMENT PLAN REVIEW FOR ALL DEVELOPMENT WITHIN THE DALLAS ARTS DISTRICT, EXCEPT SUBAREA 1. (a) A person desiring to develop property in the Dallas Arts District shall consult with the director [of development services] to discuss whether the project is consistent with the Sasaki Plan and the requirements of this article. The consultation shall occur at the schematic plan stage. (b) Upon receipt of an application for a building permit for the construction of, or modification to, any building or structure in the Dallas Arts District, the building official shall refer the permit application and plans to the director [of development services] for review to determine whether the project complies with the requirements of Section 51P-145.104(b) through (k) of this article. The director shall conduct his review so that his decision on issuance of the permit can be made within 30 days from the date the completed application is submitted to the building official. (c) If the director determines that the project complies with the requirements of Section 51P-145.104(b) through (k) of this article, he shall refer the permit application and plans back to the building official, who shall issue the permit if all requirements of the construction codes and all other applicable ordinances have been met. (d) If the director determines that the project does not comply with the requirements of Section 51P-145.104(b) through (k) of this article, he shall direct the building official to deny the permit.” 47 DCA 101-001 SECTION 93. That Paragraph (3) of Subsection (b), “LEED Certification,” of Section 51P-184.119, “Zone 1 Environmental Performance Standards,” of Article 184, “PD 184,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(3) All supporting documentation and templates related to the points previously approved by the city for the LEED certified level designation must be submitted with an application for a certificate of occupancy. A certificate of occupancy may not be issued until a LEED accredited professional designated by the department [of development services] certifies that the building complies with the LEED certified designation (26 to 32 points).” SECTION 94. That Paragraph (7), “Director,” of Subsection (a), “Definitions,” of Section 51P-193.104, “Definitions and Interpretations,” of Part I, “General Regulations,” of Article 193, “PD 193,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(7) DIRECTOR means the director of the department of sustainable development and construction [services], or that person's representative.” SECTION 95. That Item (i) of Subparagraph (H), “Additional Provisions,” of Paragraph (7), “Dance Hall,” of Subsection (i), “Bar and Restaurant Uses,” of Section 51P-193.107, “Use Regulations,” of Part I, “General Regulations,” of Article 193, “PD 193,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(i) No SUP for a dance hall may be granted for more than a five-year[-]period. An SUP for a dance hall is not eligible for automatic renewal. When applying for an SUP or for a renewal of an SUP for a dance hall, an applicant must submit a report addressing the items in Subparagraph (E) to the director [of development services]. Provisions addressing the items in Subparagraph (E) may be included in any ordinance granting an SUP for a dance hall.” 48 DCA 101-001 SECTION 96. That Subparagraph (E), “Additional Provisions,” of Paragraph (12), “Stone, Sand, or Gravel Mining,” of Subsection (m), “Commercial Uses,” of Section 51P- 193.107, “Use Regulations,” of Part I, “General Regulations,” of Article 193, “PD 193,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(E) Additional provisions. (i) The applicant shall submit a site plan of existing conditions, operations plan, reclamation plan, and the proposed bond to the director [of development services] for review and recommendation by the departments of sustainable development and construction [services], park and recreation, and public works and transportation, and the environmental quality committee of the city plan commission. (ii) If an SUP is granted for the mining use, the directors of public works and transportation and sustainable development and construction [services] shall inspect and monitor the mining and reclamation operation at least once annually. The site will also be monitored annually by the department of health and human services to determine if toxic elements are present. A person conducting a mining operation shall meet the standards of the Texas Water Quality Act. (iii) An SUP may not be issued for mining on city park land.” SECTION 97. That Subparagraph (I), “Performance Bond,” of Paragraph (12), “Stone, Sand, or Gravel Mining,” of Subsection (m), “Commercial Uses,” of Section 51P-193.107, “Use Regulations,” of Part I, “General Regulations,” of Article 193, “PD 193,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(I) Performance bond. (i) The applicant shall post a performance bond with the city controller once the application has been approved by the city council, but prior to the passage of the ordinance granting the SUP. The performance bond must be approved as to form by the city attorney. 49 DCA 101-001 (ii) The bond must be twice the estimated cost to the city of restoring the premises in a manner shown on the reclamation plan. The amount of the bond shall be determined by the director of public works and transportation on the basis of relevant factors including but not limited to expected changes in the price index, topography of the site, project methods being employed, depth and composition of overburden, and data provided in the reclamation plan. (iii) The bond must be issued by a surety company licensed to do business in Texas. The applicant may deposit cash, certificates of deposit, or government securities in lieu of a bond. Interest received on deposits and securities must be returned to the applicant upon the approval of reclamation of the site. (iv) The directors of public works and transportation and sustainable development and construction [services] shall conduct a final inspection to determine whether the site has been reclaimed in accordance with the SUP. Final inspection must be made not more than two years after the expiration of the SUP. A registered surveyor provided by the applicant shall verify the final topography of the site. (v) The director [of development services] shall report to the city council on the completion of the project. The city council shall determine by resolution whether the reclamation has been completed in accordance with the SUP and whether the SUP should be eliminated from the zoning map. (vi) The city controller shall release the bond or deposit if the city council finds that the applicant has completed reclamation of the site in accordance with the SUP. If the site is not restored in accordance with the reclamation plan, the director of public works and transportation shall use the bond or deposit to restore the site in accordance with the plan.” SECTION 98. That Subparagraph (B), “Cost of Constructing a Parking Garage Space,” of Paragraph (2), “Payment Into Oak Lawn Transit Fund,” of Subsection (g), “Off-Street Parking Reduction Options,” of Section 51P-193.113, “Off-Street Parking Regulations,” of Part I, “General Regulations,” of Article 193, “PD 193,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: 50 DCA 101-001 “(B) Cost of constructing a parking garage space. Until January 2, 1995, the cost of constructing a parking garage space for purposes of this section is $6,619.28. On January 2, 1995, and on January 2 of each odd-numbered year thereafter, the director [of development services] shall determine a new cost of constructing a parking garage space by using the following formula: National Dallas Cost of Constructing Median Cost x 320 sq. ft. x Cost = a Parking Sq. Ft. Index Garage Space For purposes of the formula, "National Median Cost/Sq. Ft." is the national median cost per square foot of a parking space in a parking garage. Both the National Median Cost/Sq. Ft. and the Dallas Cost Index must be derived from the most recent issue of Building Construction Cost Data, published by the Robert Snow Means Company, Inc., of Kingston, Massachusetts, unless another publication is designated by the director.” SECTION 99. That Subparagraph (I), “Oak Lawn Open Space Fund,” of Paragraph (5), “Trees,” of Subsection (b), “Landscaping Requirements in General,” of Section 51P-193.126, “Landscape, Streetscape, Screening, and Fencing Standards,” of Part I, “General Regulations,” of Article 193, “PD 193,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(I) Oak Lawn Open Space Fund. The department [of development services] shall administer a city account to be known as the Oak Lawn Open Space Fund. Funds from the Oak Lawn Open Space Fund must be used only for acquiring park and open-space property within the Oak Lawn SPD. The amount of the payment required is calculated by using the formula for appraising the value of a tree, as derived from the most recent edition of the Guide for Establishing Values of Trees and Other Plants published by the Council of Tree & Landscape Appraisers, unless another publication is designated by the building official. Payments made into the Oak Lawn Open Space Fund must be spent within 10 years of the date of payment.” SECTION 100. That Item (iii) of Subparagraph (B), “When a Site Plan is Required,” of Paragraph (3), “Loudspeaker Impact Review,” of Subsection (d), “Drive-Through Loudspeaker Regulations,” of Section 51P-193.129, “Outdoor Loudspeakers,” of Part I, “General Regulations,” of Article 193, “PD 193,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: 51 DCA 101-001 “(iii) The building official shall not issue a permit authorizing work for which a site plan is required under Subparagraph (B) unless the site plan has been approved by: (aa) the director [of development services]; or (bb) the board of adjustment as part of the appeal process.” SECTION 101. That Item (i) of Subparagraph (F), “Review by the Director,” of Paragraph (3), “Loudspeaker Impact Review,” of Subsection (d), “Drive-Through Loudspeaker Regulations,” of Section 51P-193.129, “Outdoor Loudspeakers,” of Part I, “General Regulations,” of Article 193, “PD 193,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(i) Upon the filing of a complete application for review of a site plan and a complete site plan submission, the director [of development services] shall promptly forward one copy of each to the directors of public works and transportation and health and human services for their review and comments. The directors of public works and transportation and health and human services shall review the application and submission and return written recommendations to the director [of development services] within 15 calendar days of the filing date.” SECTION 102. That Section S-7.110, “Landscaping,” of Division S-7, “PD Subdistrict 7,” of Part II, “PD Subdistrict Regulations,” of Article 193, “PD 193,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. S-7.110. LANDSCAPING. Landscaping must be provided as shown on the development plan. Any trees located in the visibility triangle must be approved by the director of public works and transportation. Any trees identified on the development plan that are located in the visibility triangle, and not approved as to their location by the director of public works and transportation, must be relocated on the Property with the approval of the director [of development services]. All plant material must be maintained in a healthy, growing condition at all times.” 52 DCA 101-001 SECTION 103. That Subsection (g) of Section S-19.105, “Development Plans,” of Division S-19, “PD Subdistrict 19,” of Part II, “PD Subdistrict Regulations,” of Article 193, “PD 193,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(g) Minor amendments to an approved development plan may be authorized by the director [of development services].” SECTION 104. That Subsection (b), “LEED Certification,” of Section S-52.110, “Environmental Performance Standards,” of Division S-52, “PD Subdistrict 52,” of Part II, “PD Subdistrict Regulations,” of Article 193, “PD 193,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(b) LEED certification. (1) A United States Green Building Council’s Leadership in Energy and Environmental Design (LEED) checklist, effective May 1, 2004, must be submitted with an application for a building permit for development on the Property, indicating how development of the Property will comply with a certified designation (26 to 32 project points). The development plans submitted for a building permit must be certified by a LEED accredited professional designated by the department [of development services]. Prior to the issuance of a building permit, the building official shall determine that the project is consistent with the standards and criteria for a LEED certified designation. (2) If during development of the Property, the developer is unable to achieve all of the green building rating system points identified on the checklist, the developer must replace any points not achieved with other green building rating system points acceptable under the United States Green Building Council’s LEED rating system. (3) All supporting documentation and templates related to the points previously approved by the city for the LEED certified level designation must be submitted with an application for a certificate of occupancy. A certificate of occupancy may not be issued until a LEED accredited professional designated by the department [of development services] certifies that the building complies with the LEED certified designation (26 to 32 project points).” 53 DCA 101-001 SECTION 105. That Subsection (b), “LEED Certification,” of Section S-53.111, “Environmental Performance Standards,” of Division S-53, “PD Subdistrict 53,” of Part II, “PD Subdistrict Regulations,” of Article 193, “PD 193,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(b) LEED certification. (1) A United States Green Building Council’s Leadership in Energy and Environmental Design (LEED) checklist, effective May 1, 2004, must be submitted with an application for a building permit for development on the Property, indicating how development of the Property will comply with a certified designation (26 to 32 project points). The development plans submitted for a building permit must be certified by a LEED accredited professional designated by the department [of development services]. Prior to the issuance of a building permit, the building official shall determine that the project is consistent with the standards and criteria for a LEED certified designation. (2) If during development of the Property, the developer is unable to achieve all of the green building rating system points identified on the checklist, the developer must replace any points not achieved with other green building rating system points acceptable under the United States Green Building Council’s LEED rating system. (3) All supporting documentation and templates related to the points previously approved by the city for the LEED certified level designation must be submitted with an application for a certificate of occupancy. A certificate of occupancy may not be issued until a LEED accredited professional designated by the department [of development services] certifies that the building complies with the LEED certified designation (26 to 32 project points).” SECTION 106. That Subsection (b), “LEED Certification,” of Section S-54.111, “Environmental Performance Standards,” of Division S-54, “PD Subdistrict 54,” of Part II, “PD Subdistrict Regulations,” of Article 193, “PD 193,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: 54 DCA 101-001 “(b) LEED certification. (1) A United States Green Building Council’s Leadership in Energy and Environmental Design (LEED) checklist, effective May 1, 2004, must be submitted with an application for a building permit for development on the Property, indicating how development of the Property will comply with a certified designation (26 to 32 project points). The development plans submitted for a building permit must be certified by a LEED accredited professional designated by the department [of development services]. Prior to the issuance of a building permit, the building official shall determine that the project is consistent with the standards and criteria for a LEED certified designation. (2) If during development of the Property, the developer is unable to achieve all of the green building rating system points identified on the checklist, the developer must replace any points not achieved with other green building rating system points acceptable under the United States Green Building Council’s LEED rating system. (3) All supporting documentation and templates related to the points previously approved by the city for the LEED certified level designation must be submitted with an application for a certificate of occupancy. A certificate of occupancy may not be issued until a LEED accredited professional designated by the department [of development services] certifies that the building complies with the LEED certified designation (26 to 32 project points).” SECTION 107. That Subsection (b), “LEED Certification,” of Section S-66.110, “Environmental Performance Standards,” of Division S-66, “PD Subdistrict 66,” of Part II, “PD Subdistrict Regulations,” of Article 193, “PD 193,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(b) LEED certification. (1) A United States Green Building Council’s Leadership in Energy and Environmental Design (LEED) checklist, effective May 1, 2004, must be submitted with an application for a building permit for development on the Property, indicating how development of the Property will comply with a certified designation (26 to 32 project points). The development plans submitted for a building permit must be certified by a LEED accredited professional designated by the department [of development services]. Prior to the issuance of a building permit, the building official shall determine that the project is consistent with the standards and criteria for a LEED certified designation. 55 DCA 101-001 (2) If during development of the Property, the developer is unable to achieve all of the green building rating system points identified on the checklist, the developer must replace any points not achieved with other green building rating system points acceptable under the United States Green Building Council’s LEED rating system. (3) All supporting documentation and templates related to the points previously approved by the city for the LEED certified level designation must be submitted with an application for a certificate of occupancy. A certificate of occupancy may not be issued until a LEED accredited professional designated by the department [of development services] certifies that the building complies with the LEED certified designation (26 to 32 project points).” SECTION 108. That Subsection (b), “LEED Compliance,” of Section S-74.111, “Environmental Performance Standards,” of Division S-74, “PD Subdistrict 74,” of Part II, “PD Subdistrict Regulations,” of Article 193, “PD 193,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(b) LEED compliance. For all uses, the following LEED compliance provisions must be met. (1) A United States Green Building Council’s Leadership in Energy and Environmental Design (LEED) checklist, effective May 1, 2004 (or more current), must be submitted with an application for a building permit for development on the Property, indicating how development of the Property will comply with a LEED compliance designation (26 to 32 project points). A LEED accredited professional designated by the department [of development services] must affirm that development plans submitted for a building permit are LEED compliant. Prior to the issuance of a building permit, the building official shall determine that the project is consistent with the standards and criteria for a LEED compliance designation. (2) If during development of the Property, the developer is unable to achieve all of the green building rating system points identified on the checklist, the developer must replace any points not achieved with other green building rating system points acceptable under the United States Green Building Council’s LEED rating system. (3) All supporting documentation and templates related to the points previously approved by the city for the LEED level designation must be submitted with an application for a certificate of occupancy. A certificate of occupancy may not be issued until a LEED accredited professional designated by the department [of development services] affirms that the building complies with the LEED compliance designation (26 to 32 project points).” 56 DCA 101-001 SECTION 109. That Subsection (b), “LEED Compliance,” of Section S-77.111, “Environmental Performance Standards,” of Division S-77, “PD Subdistrict 77,” of Part II, “PD Subdistrict Regulations,” of Article 193, “PD 193,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(b) LEED compliance. (1) A United States Green Building Council’s Leadership in Energy and Environmental Design (LEED) checklist, effective May 1, 2004 (or more current), must be submitted with an application for a building permit for development on the Property, indicating how development of the Property will comply with a LEED compliance designation (26 to 32 project points). A LEED accredited professional designated by the department [of development services] must affirm that development plans submitted for a building permit are LEED compliant. Prior to the issuance of a building permit, the building official shall determine that the project is consistent with the standards and criteria for a LEED certified designation. (2) If during development of the Property, the developer is unable to achieve all of the green building rating system points identified on the checklist, the developer must replace any points not achieved with other green building rating system points acceptable under the United States Green Building Council’s LEED rating system. (3) All supporting documentation and templates related to the points previously approved by the city for the LEED level designation must be submitted with an application for a certificate of occupancy. A certificate of occupancy may not be issued until a LEED accredited professional designated by the department [of development services] affirms that the building complies with the LEED certified designation (26 to 32 project points).” SECTION 110. That Paragraph (3) of Subsection (b), “LEED Certification,” of Section S-79.112, “Environmental Performance Standards,” of Division S-79, “PD Subdistrict 79,” of Part II, “PD Subdistrict Regulations,” of Article 193, “PD 193,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: 57 DCA 101-001 “(3) All supporting documentation and templates related to the points previously approved by the city for the LEED certified level designation must be submitted with an application for a certificate of occupancy. A certificate of occupancy may not be issued until a LEED accredited professional designated by the department [of development services] certifies that the building complies with the LEED certified credit amount set forth in Paragraph (1).” SECTION 111. That Paragraph (3) of Subsection (b), “LEED Certification Requirements for a Special Residential Project,” of Section S-82.111, “Environmental Performance Standards,” of Division S-82, “PD Subdistrict 82,” of Part II, “PD Subdistrict Regulations,” of Article 193, “PD 193,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(3) All supporting documentation and templates related to the points previously approved by the city for the LEED certified level designation must be submitted with an application for a certificate of occupancy. A certificate of occupancy may not be issued until a LEED accredited professional designated by the department [of development services] certifies that the building complies with the LEED certified designation (26 to 32 points).” SECTION 112. That Paragraph (3) of Subsection (b), “LEED Certification,” of Section S-83.112, “Environmental Performance Standards,” of Division S-83, “PD Subdistrict 83,” of Part II, “PD Subdistrict Regulations,” of Article 193, “PD 193,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(3) All supporting documentation and templates related to the points previously approved by the city for the LEED certified level designation must be submitted with an application for a certificate of occupancy. A certificate of occupancy may not be issued until a LEED accredited professional designated by the department [of development services] certifies that the building complies with the LEED certified credit amount set forth in Paragraph (1).” 58 DCA 101-001 SECTION 113. That Paragraph (2) of Subsection (e), “Impact Fee for Off-Site Improvements,” of Section 51P-211.113, “Road Improvements,” of Article 211, “PD 211,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(2) used for off-site road improvements, as defined in the Dallas Parkway Center Study on file with the department [of development services].” SECTION 114. That Section 51P-215.105, “Land Use Plan,” of Article 215, “PD 215,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-215.105. LAND USE PLAN. The Dallas Parkway Center Study is a land use study adopted by the city council, on June 26, 1985, which addresses, among other things, problems of density and transportation in an area bounded by L.B.J. Freeway (I.H. 635), the Dallas North Tollway, Belt Line Road, and Montfort Road. A copy of the adopted study is on file in the department [of development services].” SECTION 115. That Paragraph (2), “Credits,” of Subsection (d), “Funding for Off-Site Improvements,” of Section 51P-215.116, “Road Improvements,” of Article 215, “PD 215,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(2) Credits. If a person finances directly any off-site road construction within the area defined in the Dallas Parkway Center Study, and if that financing has received prior written approval from the director of public works and transportation, he or she shall receive a credit for those construction costs. Included in this credit is the appraised value, or the acquisition cost, whichever is less, of off-site right-of-way conveyed to the city. The appraised value is to be determined by the director [of development services] as of the date of conveyance. No credit given under this paragraph may exceed the maximum fee required for full development of the Property under this article.” 59 DCA 101-001 SECTION 116. That Section 51P-216.105, “Land Use Plan,” of Article 216, “PD 216,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-216.105. LAND USE PLAN. The Dallas Parkway Center Study is a land use study adopted by the city council on June 26, 1985, which addresses, among other things, problems of density and transportation in an area bounded by L.B.J. Freeway (I.H. 635), the Dallas North Tollway, Belt Line Road, and Montfort Road. A copy of the adopted study is on file in the department [of development services].” SECTION 117. That Section 51P-216.107, “Amendments,” of Article 216, “PD 216,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-216.107. AMENDMENTS. Any amendments to a development plan, other than minor amendments authorized by the director [of development services] in accordance with Section 51-4.703(b), shall only require the approval of the commission. If the commission denies a development plan or an amendment to a development plan, the applicant may appeal the decision to the city council.” SECTION 118. That Paragraph (14), “Director,” of Subsection (c) of Section 51P- 225.105, “Definitions and Interpretations,” of Article 225, “PD 225,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(14) DIRECTOR means the director of sustainable development and construction [services] or the director’s representative.” 60 DCA 101-001 SECTION 119. That Subsection (c), “Application for Tax Freeze,” of Section 51P- 225.112, “Tax Freeze Regulations,” of Article 225, “PD 225,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(c) Application for tax freeze. An application for a historic landmark tax freeze must be filed with the director [of development services]. Each application must be signed and sworn to by the owner of the property and must include the following information: (1) The legal description of the property. (2) Detailed plans and documents related to the proposed work showing how the exterior of the historic landmark is to be restored in accordance with the preservation criteria. (3) A statement and documentation of the costs for the restoration of the exterior and interior of the historic landmark to show that the costs exceed 50 percent of the assessed value of the structure. (4) A projection of the construction time and completion date of the restoration. (5) The proposed use of the property. (6) Any other information which is necessary to the city in determining eligibility.” SECTION 120. That Section 51P-228.110, “Flood Plain,” of Article 228, “PD 228,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-228.110. FLOOD PLAIN. (a) The flood plain must be monumented at each lot line and at other points deemed necessary by the director of Trinity watershed management [public works and transportation]. (b) No structures may be placed within the flood plain. For the purposes of this article, “structure” includes but is not limited to: swimming pools; cabanas; gazebos; storage sheds; and fences. 61 DCA 101-001 (c) Maintenance access easements (as may be deemed necessary by the director of Trinity watershed management [public works and transportation]) must be provided to enter upon the flood plain for the purpose of inspecting and performing any maintenance.” SECTION 121. That Subsection (a), “Dallas Parkway Center Study,” of Section 51P- 233.105, “Land Use Plans,” of Article 233, “PD 233,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(a) Dallas Parkway Center Study. The Dallas Parkway Center Study is a land use study that was adopted by the city council on June 26, 1985, which addresses, among other things, problems of density and transportation in an area bounded by L.B.J. Freeway (I.H. 635), the Dallas North Tollway, Belt Line Road, and Montfort Road. A copy of the adopted study is on file in the department [of development services].” SECTION 122. That Subsection (c), “CPC Action,” of Section 51P-236.105, “Development Plan,” of Article 236, “PD 236,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(c) CPC action. In deciding whether to approve or deny the development plan, the city plan commission shall follow the standards set out for the director [of development services] in Section 51-4.803. The city plan commission in reviewing the development plan shall make one of the following decisions: (1) Approval, no conditions. (2) Approval, subject to conditions noted. (3) Denial.” 62 DCA 101-001 SECTION 123. That Subsection (b), “All Other Tracts,” of Section 51P-240.105, “Development Plan,” of Article 240, “PD 240,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(b) All other tracts. A development plan for each tract must be submitted to and approved by the city plan commission prior to the issuance of any building permit on that tract. The development plan must include the site plan requisites listed in Sections 51-4.803(d). In deciding whether to approve or deny the development plan, the city plan commission shall follow the standards set out for the director [of development services] in Section 51-4.803.” SECTION 124. That Section 51P-241.105, “Development Plan,” of Article 241, “PD 241,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-241.105. DEVELOPMENT PLAN. Development of Phase I of the Property must be in accordance with the development plan (Exhibit 241B). A development plan for the remainder of the Property or portion thereof must be submitted to and approved by the city plan commission prior to the issuance of any building permit on that tract. All development plans must include the site plan requisites listed in Section 51-4.803(d). In deciding whether to approve or deny the development plan, the city plan commission shall follow the standards set out for the director [of development services] in Section 51-4.803.” SECTION 125. That Section 51P-246.105, “Land Use Plan,” of Article 246, “PD 246,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-246.105. LAND USE PLAN. The Dallas Parkway Center Study is a land use study adopted by the city council on June 26, 1985, which addresses, among other things, problems of density and transportation in an area bounded by L.B.J. Freeway (I.H. 635), the Dallas North Tollway, Belt Line Road, and Montfort Road. A copy of the adopted study is on file in the department [of development services].” 63 DCA 101-001 SECTION 126. That Section 51P-246.106, “Development Plan,” of Article 246, “PD 246,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-246.106. DEVELOPMENT PLAN. Within one year of August 27, 1986, a detailed development plan for all or a portion of the Property must be submitted to the city plan commission for approval. A detailed development plan for the Property must be approved by the city plan commission prior to the issuance of any building permit on the Property. Detailed development plans covering only a portion of the Property are acceptable provided that no building permit is issued for a portion of the Property not covered by an approved detailed development plan. All detailed development plans must comply with the conceptual site plan. All detailed development plans must include the site plan requisites listed in Section 51-4.803(d). In deciding whether to approve or deny the development plan, the city plan commission shall follow the standards set out for the director [of development services] in Section 51-4.803.” SECTION 127. That Paragraph (2) of Subsection (c), “Impact Fee for Off-Site Improvements,” of Section 51P-246.114, “Road Improvements,” of Article 246, “PD 246,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(2) used for off-site road improvements, as defined in the Dallas Parkway Center Study on file with the department [of development services].” SECTION 128. That Subsection (d), “Credits,” of Section 51P-246.114, “Road Improvements,” of Article 246, “PD 246,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: 64 DCA 101-001 “(d) Credits. If a person finances directly any off-site road construction within the area defined in the Dallas Parkway Center Study, and if that financing has received prior written approval from the director of public works and transportation, he shall receive a credit for those construction costs. Included in this credit is the appraised value, or the acquisition cost, whichever is less, of off-site right-of-way conveyed to the city. The appraised value is to be determined by the director of sustainable development and construction [services] as of the date of conveyance. Right-of-way that is within the boundaries of or contiguous to the Property is not off-site right-of-way. No credit given under this subsection may exceed the maximum fee required for full development of the Property under this article.” SECTION 129. That Section 51P-250.105, “Land Use Plan,” of Article 250, “PD 250,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-250.105. LAND USE PLAN. The Dallas Parkway Center Study is a land use study adopted by the city council on June 26, 1985, which addresses, among other things, problems of density and transportation in an area bounded by L.B.J. Freeway (I.H. 635), the Dallas North Tollway, Belt Line Road, and Montfort Road. A copy of the adopted study is on file in the department [of development services].” SECTION 130. That Paragraph (2), “Credits,” of Subsection (c), “Funding for Off-Site Improvements,” of Section 51P-250.115, “Road Improvements,” of Article 250, “PD 250,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(2) Credits. If a person finances directly any off-site road construction within the area defined in the Dallas Parkway Center Study, and if that financing has received prior written approval from the director of public works and transportation, he shall receive a credit for those construction costs. Included in this credit is the appraised value, or the acquisition cost, whichever is less, of off-site right-of-way not listed in this article conveyed to the city. The appraised value is to be determined by the director of sustainable development and construction [services] as of the date of conveyance. No credit given under this paragraph may exceed the maximum fee required for full development of the Property under this article.” 65 DCA 101-001 SECTION 131. That Section 51P-252.104, “Development Plan,” of Article 252, “PD 252,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-252.104. DEVELOPMENT PLAN. Development of the Property must conform to the city plan commission-approved development plan (Exhibit 252A). The director [of development services] may not authorize minor amendments in the development plan [which would otherwise be authorized under Section 51-4.702(h)] after it has been approved by the city council.” SECTION 132. That Section 51P-255.104, “Development Plan,” of Article 255, “PD 255,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-255.104. DEVELOPMENT PLAN. Utilization of the Property must comply with the city plan commission-approved development plan (Exhibit 255A). The development plan serves as the detailed development plan for Tract B. A detailed development plan for Tract A must be approved by the city plan commission prior to the issuance of any building permit on that tract. The detailed development plan must include the site plan requisites listed in Section 51-4.803(d). In deciding whether to approve or deny the development plan, the city plan commission shall follow the standards set out for the director [of development services] in Section 51-4.803.” SECTION 133. That Subsection (e) of Section 51P-256.106, “Landscape Plan,” of Article 256, “PD 256,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(e) The director [of development services] shall make a landscaping and irrigation progress report to the members of the city council and the plan commissioner for District 1 on or before July 1, 2002.” 66 DCA 101-001 SECTION 134. That Subsection (b), “Development Plan for Tract C,” of Section 51P- 262.105, “Development Plan,” of Article 262, “PD 262,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(b) Development plan for Tract C. For Tract C, a development plan(s) in compliance with the conceptual plan must be submitted to and approved by the city plan commission prior to the issuance of any building permit for construction on Tract C of the Property. A development plan must include the site plan requisites listed in Section 51-4.803(d). In deciding whether to approve or deny a development plan, the city plan commission shall follow the standards set out for the director [of development services] in Section 51-4.803. In reviewing a development plan, the city plan commission shall consider the following: (1) Additional density and massing should be distributed so as to minimize any negative impact on the historic resources in the environmental zone. (2) Any new construction should be so situated as to protect significant public spaces and building facades in the environmental zone.” SECTION 135. That Section 51P-262.116, “Paving,” of Article 262, “PD 262,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-262.116. PAVING. Except as provided in this section, all paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation. Alternative materials, including crushed granite, may be used for drives and parking areas in the environmental zone, subject to the approval of the director [of development services] as routine maintenance. The director may require a report from the city arborist and an engineering analysis to support any request for alternative materials.” 67 DCA 101-001 SECTION 136. That Paragraph (2) of Subsection (a), “Generally,” of Section 51P- 266.115, “Impact Fee of Off-Site Improvements,” of Article 266, “PD 266,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(2) used for off-site road improvements, as defined in the Dallas Parkway Center Study on file with the department [of development services].” SECTION 137. That Section 51P-268.105, “Development Plan,” of Article 268, “PD 268,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-268.105. DEVELOPMENT PLAN. A development plan for each tract or portion thereof must be submitted to and approved by the city plan commission prior to the issuance of any building permits for construction on the respective tract or portion thereof. The development plan must include the site plan requisites listed in Section 51-4.803(d). In deciding whether to approve or deny the development plan, the city plan commission shall follow the standards set out for the director [of development services] in Section 51-4.803. All development must conform with the approved development plans.” SECTION 138. That Paragraph (10), “Director,” of Subsection (c), “Definitions,” of Section 51P-269.104, “Definitions and Interpretations,” of Article 269, “PD 269,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(10) DIRECTOR means the director of sustainable development and construction [services] or the director’s representative.” 68 DCA 101-001 SECTION 139. That Paragraph (11), “Parkway Landscape Permit,” of Subsection (k), “Landscaping,” of Section 51P-269.110, “Additional Requirements for Commercial Parking Garages and Commercial Parking Lots,” of Article 269, “PD 269,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(11) Parkway landscape permit. A parkway landscape permit must be obtained from the director [of development services] for all landscaping in the parkway required by this section. (A) An application for a parkway landscape permit must be in writing on a form approved by the director [of development services] and accompanied by plans or drawings showing the area of the parkway affected and the planting proposed. (B) Upon receipt of the application, the director [of development services] shall circulate it to all affected city departments, utilities, and other franchise holders for review and comment. If, after receiving those comments, the director [of development services] determines that the construction and planting proposed will not be inconsistent with and will not unreasonably impair the public use of the right-of-way, he shall issue a parkway landscape permit to the property owner; otherwise, he shall deny the permit. (C) A parkway landscape permit issued by the director [of development services] is subject to immediate revocation upon written notice if at any time he determines that the use of the parkway authorized by the permit is inconsistent with or unreasonably impairs the public use of the right-of-way. (D) The issuance of a parkway landscape permit under this subparagraph does not excuse the property owner, his agents, or employees from liability in the installation or maintenance of trees or shrubs in the right-of-way.” SECTION 140. That Section 51P-272.105, “Development Plan,” of Article 272, “PD 272,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: 69 DCA 101-001 “SEC. 51P-272.105. DEVELOPMENT PLAN. Some development is currently built on Tracts A and B of the Property. Development of Tract A must be in conformance with the conceptual site plan. Any further development on Tract B requires a detailed development plan. A development plan for each future phase on Tracts B, C, and D must be submitted to and approved by the city plan commission prior to the issuance of any building permits for construction on those portions of the Property. All development plans must include the site plan requisites listed in Section 51-4.803(d). In deciding whether to approve or deny the development plan, the city plan commission shall follow the standards set out for the director [of development services] in Section 51-4.803. All development must be in conformance with an approved development plan.” SECTION 141. That Section 51P-279.105, “Land Use Plan,” of Article 279, “PD 279,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-279.105. LAND USE PLAN. The Dallas Parkway Center Study is a land use study adopted by the city council on June 26, 1985, which addresses, among other things, problems of density and transportation in an area bounded by L.B.J. Freeway (Interstate Highway 635), the Dallas North Tollway, Belt Line Road, and Montfort Road. A copy of the adopted study is on file in the department [of development services].” SECTION 142. That Section 51P-289.104, “Dallas Parkway Center Study,” of Article 289, “PD 289,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-289.104. DALLAS PARKWAY CENTER STUDY. The Dallas Parkway Center Study is a land use study adopted by the city council on June 26, 1985, which addresses, among other things, problems of density and transportation in an area bounded by Interstate Highway 635, Montfort Drive, the Dallas North Tollway, and Belt Line Road. A copy of the adopted study is on file in the department [of development services].” 70 DCA 101-001 SECTION 143. That Subsection (b), “No Parking Signs,” of Section 51P-291.112, “Off- Street Parking,” of Article 291, “PD 291,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(b) No parking signs. The owner(s) must provide “no parking” signs on all dedicated streets traversing or bordering the Property as required by the director [of the department of development services].” SECTION 144. That Section 51P-307.114, “Stormwater Risk Analysis Study,” of Article 307, “PD 307,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-307.114. STORMWATER RISK ANALYSIS STUDY. The owner shall submit a stormwater risk analysis study to the director [of development services] by May 1, 1989. The study must examine the risk of a spill occurring at the shipping and receiving areas, as shown on the development plan, and it must analyze whether additional improvements are required. All recommendations in the study must be implemented by the owner.” SECTION 145. That Section 51P-307.115, “Fire-Fighting Water Control System,” of Article 307, “PD 307,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-307.115. FIRE-FIGHTING WATER CONTROL SYSTEM. The owner shall develop and implement an on-site control system for the temporary retention of fire-fighting water runoff within 12 months of April 12, 1989. The system must be reviewed and approved by the fire department, the water utilities department, and the department of environmental and health services. The owner shall submit an approved copy of the report detailing the system to the department [of development services].” 71 DCA 101-001 SECTION 146. That Paragraph (2), “LEED Certification,” of Subsection (d), “Tract V Environmental Performance Standards,” of Section 51P-314.106, “Use Regulations and Development Standards for Tracts I and V,” of Article 314, “PD 314,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(2) LEED certification. (A) A United States Green Building Council’s Leadership in Energy and Environmental Design (LEED) checklist, effective May 1, 2004 (or more current), must be submitted with an application for a building permit for development, indicating how the development will comply with a LEED compliance designation. A LEED accredited professional designated by the department [of development services] must affirm that development plans submitted for a building permit are LEED compliant. The building official must determine that the project is consistent with the standards and criteria for a LEED certified designation before a building permit may be issued. (B) If during development, the developer is unable to achieve all of the green building rating system points identified on the checklist, the developer must replace any points not achieved with other green building rating system points acceptable under the United States Green Building Council’s LEED rating system. (C) All supporting documentation and templates related to the points previously approved by the city for the LEED level designation must be submitted with an application for a certificate of occupancy. A certificate of occupancy may not be issued until a LEED accredited professional designated by the department [of development services] affirms that the building complies with the LEED certified designation.” SECTION 147. That Subparagraph (M), “Wholesale, Distribution, and Storage Uses,” of Paragraph (2), “Main Uses Permitted,” of Subsection (c), “Areas 3 and 4 (Office/Mixed Use [Medium Density],” of Section 51P-316.108, “Use Regulations and Development Standards,” of Article 316, “PD 316,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: 72 DCA 101-001 “(M) Wholesale, distribution, and storage uses. -- Warehouse. [In Subarea 4a only. This use must be in compliance with a city plan commission-approved site plan that complies with the site plan requisites of Section 51A- 4.803. The plan must be submitted to the director [of development services]. The director shall review the plan and formulate a recommendation for the city plan commission within 30 calendar days of the date of its submission.]” SECTION 148. That Item (ii), “Cedars Open Space Fund,” of Subparagraph (D), “Site Trees,” of Paragraph (7), “Landscape Regulations,” of Subsection (b), “Subdistrict 2 and 2A (Moderate Density Mixed Use Corridors,” of Section 51P-317.111, “Use Regulations and Development Standards,” of Article 317, “PD 317,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(ii) Cedars open space fund. The department [of development services] shall administer a city account to be known as the Cedars Open Space Fund. Funds from the Cedars Open Space Fund must be used only for acquiring park and open-space property, and for the purchase, planting, and maintenance of landscaping on public property in Subdistrict 3A. The amount of the payment required for each site tree not planted is calculated by using the formula for appraising the value of a two-inch tree, as derived from the most recent edition of the Guide for Establishing Values of Trees and Other Plants published by the Council of Tree & Landscape Appraisers, unless another publication is designated by the building official, and adding the cost of planting and maintaining a two-inch tree for two years.” SECTION 149. That Item (iii), “Cedars Open Space Fund,” of Subparagraph (D), “Site Trees,” of Paragraph (7), “Landscape Regulations,” of Subsection (d), “Subdistrict 3A (Transit- Oriented High Density Mixed Use,” of Section 51P-317.111, “Use Regulations and Development Standards,” of Article 317, “PD 317,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: 73 DCA 101-001 “(iii) Cedars open space fund. The department [of development services] shall administer a city account to be known as the Cedars Open Space Fund. Funds from the Cedars Open Space Fund must be used only for acquiring park and open-space property, and for the purchase, planting, and maintenance of landscaping on public property in Subdistrict 3A. The amount of the payment required for each site tree not planted is calculated by using the formula for appraising the value of a two-inch tree, as derived from the most recent edition of the Guide for Establishing Values of Trees and Other Plants published by the Council of Tree & Landscape Appraisers, unless another publication is designated by the building official, and adding the cost of planting and maintaining a two-inch tree for two years.” SECTION 150. That Section 51P-327.105, “Development Plan,” of Article 327, “PD 327,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-327.105. DEVELOPMENT PLAN. A detailed development plan for each phase of development must be submitted to and approved by the city plan commission prior to the issuance of any building permit for that phase. Approval of the detailed development plan replaces any residential adjacency review or development impact review otherwise required by the Dallas Development Code. No time limit exists for the submission of the detailed development plan for Phase I. Each detailed development plan must include the site plan requisites listed in Section 51A-4.803(d). In deciding whether to approve or deny the development plan, the city plan commission shall follow the standards set out for the director [of development services] in Section 51A-4.803. Development on the Property must comply with the approved detailed development plans. The applicant must forward a copy of each development plan to the president of the Greenville Avenue Homeowner’s Association, if the association is in existence, and to the executive director of the Dallas Housing Authority.” SECTION 151. That Subparagraph (B), “Cost of Constructing a Parking Garage Space,” of Paragraph (3), “Payment Into Oak Lawn Transit Fund,” of Subsection (e), “Off-Street Parking Reduction Options,” of Section 51P-330.108, “Off-Street Parking and Loading,” of Article 330, “PD 330,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: 74 DCA 101-001 “(B) Cost of constructing a parking garage space. Until January 2, 1987, the cost of constructing a parking garage space for purposes of this section was $5,873.63. On January 2, 1987, and on January 2 of each odd-numbered year thereafter the director of sustainable development and construction [services] shall determine a new cost of constructing a parking garage space by using the following formula: National Median Cost x 320 sq. ft. x Dallas Cost Index Sq. Ft. where National Median Cost/Sq. Ft. is the national median cost per square foot of a parking space in a parking garage. Both the National Median Cost/Sq. Ft. and the Dallas Cost Index must be derived from the most recent issue of Building Construction Cost Data, published by the Robert Snow Means Company, Inc., of Kingston, Massachusetts, unless another publication is designated by the director [of development services].” SECTION 152. That Paragraph (2) of Subsection (e), “Maintenance,” of Section 51P- 335.110, “Landscape, Open Space, and Building Form Regulations,” of Article 335, “PD 335,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(2) Each owner of land within the Property that abuts a parkway shall be responsible for maintaining landscaping in the parkway. Each owner of land within the Property required by this article to dedicate that portion of a street with a median shall be responsible for maintaining landscaping in that median. All owners responsible for maintaining landscaping in the parkway or median must execute a maintenance agreement consistent with the provisions of this article. The maintenance agreement must be approved as to form by the city attorney and filed with the director [of development services].” SECTION 153. That Section 51P-341.105, “Detailed Development Plan,” of Article 341, “PD 341,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: 75 DCA 101-001 “SEC. 51P-341.105. DETAILED DEVELOPMENT PLAN. A detailed development plan for each phase of development must be approved by the commission before the issuance of any building permit for work in that phase. Each detailed development plan must include the site plan requisites listed in Section 51A-4.803(d). In deciding whether to approve or deny the detailed development plan, the commission shall follow the standards set forth for the director [of development services] in Section 51A-4.803. All development on the Property must conform with the approved detailed development plans.” SECTION 154. That Section 51P-342.105, “Development Plan,” of Article 342, “PD 342,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-342.105. DEVELOPMENT PLAN. A development plan for each phase of development except Phase 1 must be submitted to and approved by the city plan commission prior to the issuance of any building permit for that phase. No development plan is required for Phase 1. Approval of a development plan replaces any residential adjacency review or development impact review otherwise required by the Dallas Development Code. Each development plan must include the site plan requisites listed in Section 51A-4.803(d). In deciding whether to approve or deny the development plan, the city plan commission shall follow the standards set forth for the director [of development services] in Section 51A-4.803. Development on the Property must comply with the approved development plans.” SECTION 155. That Section 51P-348.105, “Development Plan,” of Article 348, “PD 348,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-348.105. DEVELOPMENT PLAN. A development plan for each phase of development must be submitted to and approved by the city plan commission before the issuance of any building permit for that phase. Approval of a development plan replaces any residential adjacency review or development impact review otherwise required by the Dallas Development Code. Each development plan must include the site plan requisites listed in Section 51A-4.803(d). In deciding whether to approve or deny the development plan, the city plan commission shall follow the standards set forth for the director [of development services] in Section 51A-4.803. Development on the Property must comply with the approved development plans.” 76 DCA 101-001 SECTION 156. That Paragraph (11), “Compliance Reports,” of Subsection (d), “Commercial Parking Lots and Garages,” of Section 51P-357.110, “Off-Street Parking and Loading,” of Article 357, “PD 357,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(11) Compliance reports. An owner of an existing use in this district must submit a report by January 26, 1995, to the director [of development services] describing compliance with the lighting requirement. A report describing compliance with the striping and construction requirements must be submitted to the director [of development services] by January 26, 1997. A report describing voluntary compliance with the trash receptacle, attendant booth, access openings, and screening and landscaping requirements must be submitted to the director [of development services] by January 26, 1999.” SECTION 157. That Section 51P-357.119, “Evaluation,” of Article 357, “PD 357,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-357.119. EVALUATION. The director [of development services] shall submit a report to the city plan commission within five years of June 22, 1994. The report must contain an evaluation of the effectiveness of Ordinance No. 22097 and recommendations as to what, if any, changes should be made to it.” SECTION 158. That Paragraph (2) of Subsection (c), “Front Yard Strip Landscaping,” of Section 51P-366.110, “Landscaping,” of Article 366, “PD 366,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(2) Front yard strip landscaping must be approved by the director of the department [of development services].” 77 DCA 101-001 SECTION 159. That Section 51P-366.112, “Landscape Plan,” of Article 366, “PD 366,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “SEC. 51P-366.112. LANDSCAPE PLAN. (a) A landscape plan must be submitted to and approved by the director [of the department of development services] prior to the installation of landscaping required by this article. (b) Upon the submission of a plan for or including the installation of parkway landscaping, the director [of the department of development services] shall circulate it to all affected city departments and all utilities and communication companies for review and comment. If, after receiving comments from affected city departments, utilities, and communication companies, the director determines that the construction and planting proposed is in compliance with this article, and will not be inconsistent with and will not impair the public, utility, or communications company use of the right-of-way, the director shall approve the landscape plan; otherwise, the director shall disapprove the plan. (c) A property owner is not required to comply with any parkway landscaping requirement of this article if compliance is made impossible due to the director’s [of the department of development services’s] disapproval of a plan to install parkway landscaping on the basis that the installation of the landscaping will be inconsistent with, or will unreasonably impair the public, utility, or communication company use of the right-of-way. (d) The approval of a plan to install parkway landscaping does not excuse the property owner, his agents, or employees from liability in the installation or maintenance of trees, landscaping, or pavement in the public right-of-way.” SECTION 160. That Subsection (a) of Section 51P-368.117, “General Requirements,” of Article 368, “PD 368,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(a) Construction on Tract III must comply with a drainage plan approved by the department [of development services].” 78 DCA 101-001 SECTION 161. That Paragraph (4), “Coalition Review Committee,” of Subsection (a) of Section 51P-381.103, “Definitions and Interpretations,” of Article 381, “PD 381,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(4) COALITION REVIEW COMMITTEE means a committee of no more than six people selected by area homeowners’ associations that represent homeowners within 500 feet of the Property, which committee is registered with the department [of development services].” SECTION 162. That Paragraph (2) of Subsection (a), “Transit Passenger Station or Transfer Center,” of Section 51P-383.108, “Off-Street Parking and Loading,” of Article 383, “PD 383,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(2) No sooner than the end of the 18th month and no later than the end of the 36th month of operation of the transit passenger station or transfer center, the owner must provide for, at the owner’s expense, an independent study to analyze the adequacy of the off- street parking provided. The study must be arranged for through city staff and the results of the study must be provided to the directors of the department of public works and transportation and the department of sustainable development and construction [services]. After the initial independent study is completed, the director of the department of public works and transportation may require additional parking studies at a frequency not to exceed one every 18 months for up to a period of 10 years or until such time as the maximum number of spaces required are provided. Any additional parking requirements identified by any of the studies must be provided by the owner up to the maximum number of spaces required by Paragraph (1) within 12 months of being instructed to do so by the director of the department of public works and transportation.” SECTION 163. That Section 51P-386.105, “Notice Requirements,” of Article 386, “PD 386,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: 79 DCA 101-001 “SEC. 51P-386.105. NOTICE REQUIREMENTS. In addition to the notice requirements of state law and Chapter 51A, notice for a change in zoning district classification or boundary on the Property must be sent to all neighborhood associations within one mile of the Property that are registered on the “homeowner association early notification list” maintained by the department [of development services of the city].” SECTION 164. That Paragraph (9), “Director,” of Subsection (a), “Definitions,” of Section 51P-388.103, “Definitions and Interpretations,” of Article 388, “PD 388,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(9) DIRECTOR means the director of the department of sustainable development and construction [services] or that person's representative.” SECTION 165. That Paragraph (3) of Subsection (a), “Transit Passenger Station or Transfer Center,” of Section 51P-389.108, “Off-Street Parking and Loading,” of Article 389, “PD 389,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(3) No sooner than the end of the 24th month and no later than the end of the 36th month of operation of the transit passenger station or transfer center, the owner must provide for, at the owner’s expense, an independent study to analyze the adequacy of the off- street parking regulations contained in this article. The study must be arranged for through city staff and the results of the study must be provided to the directors of the department of public works and transportation and the department of sustainable development and construction [services]. After the initial independent study is completed, the director of the department of public works and transportation may require additional parking studies at a frequency not to exceed one every 24 months for up to a period of 10 years or until such time as the maximum number of spaces required are provided. Any additional parking requirement identified by any of the studies must be provided by the owner up to the maximum number of spaces required by Paragraph (2) within 12 months of being instructed to do so by the director of the department of public works and transportation.” 80 DCA 101-001 SECTION 166. That Subsection (a), “Noise,” of Section 51P-390.113, “Environmental Performance Standards,” of Article 390, “PD 390,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(a) Noise. When the sound pressure level on the boundary lot line of an existing adjacent residential use (Lots 21 and 22 in City Block 29/3590 and Lot 14 in City Block 28/3589) exceeds 75 decibels, the owner must implement mitigation measures that are in compliance with the Urban Mass Transportation Administration requirements and approved by the director [of the department of development services].” SECTION 167. That Subsection (a) of Section 51P-410.106, “Special Notification,” of Article 410, “PD 410,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(a) In addition to notice required by state law and the Dallas Development Code, the director [of the department of development services] shall notify all owners of real property lying within 500 feet of the boundary of this PD upon application for a specific use permit within this PD.” SECTION 168. That Subsection (a) of Section 51P-414.108, “Additional Provisions,” of Article 414, “PD 414,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(a) A parking demand and supply study must be performed at the property owner’s expense by a professional engineer and submitted to the director [of the department of development services] no later than five years from April 12, 1995. If the director determines, based on the results of the study, that spillover parking or traffic problems are caused in the area, additional spaces identified by the study up to a maximum of one space per 200 square feet of floor area must be provided for the “College, university, or seminary” use. The director shall give written notice of his or her determination to the property owner by depositing the notice, properly addressed and postage paid, in the U.S. mail. Additional parking must be supplied within 120 days of the notice by the director.” 81 DCA 101-001 SECTION 169. That Subsection (a), “Transit Passenger Station or Transfer Center,” of Section 51P-426.108, “Off-Street Parking and Loading,” of Article 426, “PD 426,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(a) Transit passenger station or transfer center. (1) Nine kiss-and-ride parking spaces must be provided as shown on the development plan prior to the issuance of a certificate of occupancy. (2) In addition to the nine kiss-and-ride spaces required, a minimum of 456 off-street parking spaces must be provided prior to the issuance of a certificate of occupancy. At least 201 of these spaces must be located on the station site. The remainder may be located off site and may be shared spaces. (3) A parking plan for the projected parking demand for this station and adjacent stations along the transit line within the South Oak Cliff corridor must be submitted and approved by the director [of the department of development services] prior to the issuance of a certificate of occupancy. (4) Within 12 months of the issuance of a certificate of occupancy for a transit passenger station or a transfer center, the owner must provide for an independent study to analyze the parking situation surrounding the use. The study must be arranged for through city staff and the results of the study must be provided to the director [of the department of development services]. If the director determines, based on the results of the study, that spillover parking from the use creates a traffic problem in the area, a Residential Parking Management Plan (RPM Plan) must be provided to and approved by the director. The RPM Plan must provide for one of the following options to be implemented within 1,200 feet of the station site: (A) Installation of regulatory parking signs such as: “No Parking,” “___ Hour Limit,” “No Stopping or Standing,” “No Parking between the hours of and ______.” (B) An RPM Plan meeting the intent of this section that is approved by the city council after public hearings before the city plan commission and the council. The RPM Plan must be implemented within six months of its approval. If Option (B) is chosen, any approval by the director is conditioned on approval by the council. If council approval is not obtained, an Option (A) RPM Plan must be submitted to the director within 60 days of the council decision.” 82 DCA 101-001 SECTION 170. That Paragraph (1), “Crime Prevention Through Environmental Desgin,” of Subsection (j), “Urban Design Guidelines for New Construction or Major Modifications,” of Section 51P-462.108, “Subdistricts 1, 3, 3A, and 5,” of Article 462, “PD 462,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(1) Crime Prevention Through Environmental Design. Principles of Crime Prevention Through Environmental Design (CPTED) must be integrated to the maximum extent possible for all construction requiring a building permit. A copy of the CPTED manual may be obtained in the d[D]epartment [of Development Services], or contact the Building Official Plans Examiner for information on CPTED review standards.” SECTION 171. That Paragraph (1), “Crime Prevention Through Environmental Design,” of Subsection (k), “Urban Design Guidelines for All Other Exterior Structure Modifications,” of Section 51P-462.108, “Subdistricts 1, 3, 3A, and 5,” of Article 462, “PD 462,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(1) Crime Prevention Through Environmental Design. Principles of Crime Prevention Through Environmental Design (CPTED) must be integrated to the maximum extent possible for all construction requiring a building permit. A copy of the CPTED manual may be obtained in the d[D]epartment [of Development Services], or contact the Building Official Plans Examiner for information on CPTED review standards.” SECTION 172. That Paragraph (1), “Crime Prevention Through Environmental Design,” of Subsection (h), “Urban Design Guidelines,” of Section 51P-462.109, “Subdistricts 2 and 4,” of Article 462, “PD 462,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: 83 DCA 101-001 “(1) Crime Prevention Through Environmental Design. Principles of Crime Prevention Through Environmental Design (CPTED) must be integrated to the maximum extent possible for all construction requiring a building permit. A copy of the CPTED manual may be obtained in the d[D]epartment [of Development Services], or contact the Building Official Plans Examiner for information on CPTED review standards.” SECTION 173. That Subsection (c) of Section 51P-479.107, “Development Standards,” of Article 479, “PD 479,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(c) Maximum structure height for a radio, television, or microwave tower and a tower/antenna for cellular communication use is 307 feet. Prior to the issuance of a building permit for a radio, television, or microwave tower or a tower/antenna for cellular communication use, a copy of the Federal Aviation Administration’s determination of the appropriate height of the structure must be submitted to the building official’s office and the department [of development services].” SECTION 174. That Subsection (a) of Section 51P-582.104, “Interpretations,” of Article 582, “PD 582,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(a) Unless otherwise stated, all references to code articles, divisions, or sections are to Chapter 51A, and all references to the “director” are to the director of sustainable development and construction [services].” SECTION 175. That Item (ii) of Subparagraph (C), “Master Parking Plan and Floor Area Plan,” of Paragraph (2), “Master Parking and Floor Area Supplement,” of Subsection (e), “Master Parking and Floor Area Plan,” of Section 51P-582.113, “Off-Street Parking and Loading Regulations,” of Article 582, “PD 582,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: 84 DCA 101-001 “(ii) The Property owner must deliver a copy of each approved master parking and floor area supplement to the director [of development services] within five days of the building official’s approval of each supplement.” SECTION 176. That Subsection (g) of Section 51P-583.114, “Additional Provisions,” of Article 583, “PD 583,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(g) The director [of development services] shall inspect the Property three years from the date of passage of Ordinance No. 24304 for the purpose of determining whether there has been compliance with the conditions of Ordinance No. 24304. The director shall then report his or her findings to the city plan commission.” SECTION 177. That Subsection (d) of Section 51P-596.110, “Landscaping,” of Article 596, “PD 596,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(d) Within 30 days after passage of Ordinance No. 24513, an application for a private license must be submitted to the director [of development services] for the existing landscaping located in the parkway as shown on the development plan. If the private license is not granted, then the landscaping must be removed.” SECTION 178. That Item (ii), “Determination of Eligibility,” of Subparagraph (C), “LEED Rating,” of Paragraph (5.1), “Height Bonuses for Subdistricts 1A and 1B,” of Subsection (a), “Subdistricts 1, 1A, and 1B,” of Section 51P-621.109, “Yard, Lot, and Space Regulations,” of Article 621, “PD 621,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(ii) Determination of eligibility. (aa) A United States Green Building Council’s Leadership in Energy and Environmental Design (LEED) checklist, effective May 1, 2004, must be submitted with an application for a building permit for development, indicating how development will comply with a certified designation. The development plans submitted for a 85 DCA 101-001 building permit must be certified by a LEED accredited professional designated by the department [of development services]. (bb) Before the issuance of a building permit, the building official shall determine that the project is consistent with the standards and criteria for a LEED certified designation. (cc) If the developer is unable to achieve all of the green building rating system points identified on the checklist, the developer must replace any points not achieved with other green building rating system points acceptable under the United States Green Building Council’s LEED rating system. (dd) The checklist, certified development plans, and any supporting documents and templates related to the points previously approved by the city for the LEED certified level designation must be submitted with an application for a certificate of occupancy. A certificate of occupancy may not be issued until a LEED accredited professional designated by the department [of development services] certifies that the building complies with the LEED certified designation.” SECTION 179. That Paragraph (10), “LEED’s Credit,” of Subsection (c), “Design Test Requirements in Subdistricts 1, 1A, and 1B,” of Section 51P-621.113, “Architectural Design Guidelines,” of Article 621, “PD 621,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(10) LEED’s credit. (Total possible points = 20) Twenty points are awarded for a project with a floor area ratio of more than 2.0 when the project complies with the following: (A) A United States Green Building Council’s Leadership in Energy and Environmental Design (LEED) Checklist, effective May 1, 2004, must be submitted with an application for a building permit for development, indicating how development will comply with a certified designation (26 to 32 project points). The development plans submitted for a building permit must be certified by a LEED accredited professional designated by the department [of development services]. Prior to the issuance of a building permit, the building official shall determine that the project is consistent with the standards and criteria for a LEED certified designation. (B) If the developer is unable to achieve all of the green building rating system points identified on the checklist, the developer must replace any points not achieved with other green building rating system points acceptable under the United States Green Building Council’s LEED rating system. 86 DCA 101-001 (C) All supporting documentation and templates related to the points previously approved by the city for the LEED certified level designation must be submitted with an application for a certificate of occupancy. A certificate of occupancy may not be issued until a LEED accredited professional designated by the department [of development services] certifies that the building complies with the LEED certified designation (26 to 32 project points).” SECTION 180. That Subsection (e) of Section 51P-625.116, “Additional Provisions,” of Article 625, “PD 625,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(e) At least 30 days before submitting a development plan, the applicant must notify the Runyon Springs Neighborhood Association and the Hidden Valley Neighborhood Association. The addresses for the entities are the most current on file with the d[D]epartment [of Development Services]. The applicant must hold a neighborhood meeting with both associations before submitting a development plan.” SECTION 181. That Subsection (a) of Section 51P-708.105, “Building Permit Review,” of Article 708, “PD 708,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(a) A person desiring to develop property in this district shall consult with the director [of development services] to discuss whether the project is consistent with the Sasaki plan and the requirements of this article. The consultation shall occur at the schematic plan stage.” SECTION 182. That Paragraph (1) of Subsection (a) of Section 51P-741.113, “Additional Provisions,” of Article 741, “PD 741,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(1) A Traffic Impact Analysis (TIA) has been approved by the director [of development services].” 87 DCA 101-001 SECTION 183. That Subsection (b) of Section 51P-758.106, “Development Plan,” of Article 758, “PD 758,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(b) For a public park, playground, or golf course use, a development plan must be approved by the park and recreation board, and an approved copy of the development plan must be submitted to the director [of development services] before the issuance of any building permit to authorize the development of a public park, playground, or golf course use in this area.” SECTION 184. That Subsection (b), “LEED Certification,” of Section 51P-768.111, “Environmental Performance Standards,” of Article 768, “PD 768,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(b) LEED certification. If a United States Green Building Council’s Leadership in Energy and Environmental Design (LEED) certification for single-family and low-rise multifamily structures is available when the Property is developed, the following provisions apply: (1) A LEED checklist, effective May 1, 2004 (or more current), must be submitted with an application for a building permit for development, indicating how the development will comply with a LEED compliance designation. A LEED accredited professional designated by the department [of development services] must affirm that development plans submitted for a building permit are LEED compliant. The building official must determine that the project is consistent with the standards and criteria for a LEED certified designation before a building permit may be issued. (2) If during development, the developer is unable to achieve all of the green building rating system points identified on the checklist, the developer must replace any points not achieved with other green building rating system points acceptable under the United States Green Building Council’s LEED rating system. (3) All supporting documentation and templates related to the points previously approved by the city for the LEED level designation must be submitted with an application for a certificate of occupancy. A certificate of occupancy may not be issued until a LEED accredited professional designated by the department [of development services] affirms that the building complies with the LEED certified designation.” 88 DCA 101-001 SECTION 185. That Subsection (d) of Section 51P-781.114, “Additional Provisions,” of Article 781, “PD 781,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(d) At least 30 days before filing an application for a development plan, the Property owner must mail notices of the application by certified mail, return receipt requested, to the designated representative, as identified by the d[D]epartment [of Development Services], of: (1) The Peninsula Neighborhood Association; (2) Forest Hills Association; (3) Little Forest Hills Neighborhood Association; (4) Casa Linda Estates Neighborhood Association; (5) White Rock Neighborhood Association; (6) Emerald Isle Neighborhood Association; and (7) Save White Rock Lake.” SECTION 186. That Paragraph (3) of Subsection (b), “LEED Certification,” of Section 51P-782.118, “Environmental Performance Standards,” of Article 782, “PD 782,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(3) All supporting documentation and templates related to the points previously approved by the city for the LEED certified level designation must be submitted with an application for a certificate of occupancy. A certificate of occupancy may not be issued until a LEED accredited professional designated by the department [of development services] certifies that the building complies with the LEED certified designation (26 to 32 points).” 89 DCA 101-001 SECTION 187. That Subparagraph (C) of Paragraph (2), “Requirements,” of Subsection (b), “Greenbelt Area,” of Section 51P-801.113, “Landscaping,” of Article 801, “PD 801,” of Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City Code is amended to read as follows: “(C) Improvements in the greenbelt area are limited to fencing, paved walkways, trails, benches, and trash receptacles. Improvements must be approved by the director [of development services] and the director of public works and transportation to ensure that the improvements will not impede the 100-year frequency flood discharge.” SECTION 188. That a person violating a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000. SECTION 189. That Chapters 51, 51A, and 51P of the Dallas City Code shall remain in full force and effect, save and except as amended by this ordinance. SECTION 190. That the terms and provisions of this ordinance are severable and are governed by Section 1-4 of Chapter 1 of the Dallas City Code, as amended. SECTION 191 . That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so ordained. APPROVED AS TO FORM: THOMAS P. PERKINS, JR., City Attorney By______Assistant City Attorney Passed______ 90 AGENDA ITEM # 69 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: December 8, 2010 COUNCIL DISTRICT(S): All DEPARTMENT: Housing/Community Services CMO: A. C. Gonzalez, 671-8925 MAPSCO: N/A ______ SUBJECT A public hearing to receive comments on Substantial Amendment No. 7 to the FY 2008-09 Consolidated Plan for the Neighborhood Stabilization Program (NSP); and at the close of the hearing, authorize final adoption of Substantial Amendment No. 7 to the FY 2008-09 Consolidated Plan for the NSP to: (1) amend the Program Statement, Attachment A, Activity 1, Terms for Grants and Loans to modify provisions with respect to the AR Program from a tiered grant/loan to a homebuyer to a flat grant up to $25,000 per homebuyer; (2) the receipt and deposit of program income in an amount not to exceed $2,200,000 generated from NSP activities; and (3) the establishment of appropriations in an amount not to exceed $2,200,000 in the NSP Program Income Fund to be used for other eligible activities - Estimated Revenue: $2,200,000 BACKGROUND In July 2008, the Housing and Economic Recovery Act of 2008 (HERA) was enacted into law. HERA appropriated $3.92 billion to assist states and localities in redevelopment efforts, particularly for foreclosed or abandoned housing properties. The Program is referred to as the Neighborhood Stabilization Program (NSP) and is considered a Special Allocation of 2008 Community Development Block Grant Funds. On September 26, 2008, the City of Dallas was notified of its allocation of $7,932,555 of NSP funds. Allocations to states and localities were based on percentage and number of home foreclosures, homes financed by sub prime mortgage related loans, and homes in default or delinquency. Localities who wished to accept the allocation of NSP funds submitted an amendment to their Consolidated Plan on December 1, 2008. The City of Dallas amendment included identification of the “Areas of Greatest Need” based upon the greatest percentage of home foreclosures, the highest percentage of homes financed by subprime mortgage loans, and areas identified as likely to face a significant rise in foreclosures. BACKGROUND (continued) The NSP funds may benefit low, moderate and middle income persons up to 120% Area Median Family Income (AMFI) for Dallas and 25% of the NSP funds must benefit low income persons up to 50% AMFI. The use of the funds must comply with the requirements under the HERA; the Community Development Block Grant regulations; the Uniform Relocation Assistance Real Property Acquisition Policies Act of 1970, and other federal requirements. Notice of the allocation of NSP funds was provided to the public on October 23, 2008 and comments as to the use of funds were requested. On November 17, 2008, the Housing Committee of the City Council was briefed on the NSP and reviewed recommendations for the use of funds. On November 19, 2008, City Council authorized the FY 2008-09 Consolidated Plan Reprogramming Budget #1 for the NSP funds, which included $2.5 million for Acquisition, Demolition, and Redevelopment of Foreclosed and Abandoned Properties (ADR), $4,639,300 for Acquisition, Rehabilitation, and Sell or Rent Foreclosed Properties (ARSR), and $793,255 to provide for the administration, planning, oversight, reporting and implementation of projects to be funded by NSP over a four year period. This Council action would provide final approval to (1) amend the current program statement Activity 1, Terms for Grants and Loans, to provide up to $25,000 per unit and, (2) authorize the receipt and deposit of program income, and (3) authorize appropriation of NSP program income for the production of additional affordable units. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On September 2, 2008, the Housing Committee was briefed on the City of Dallas foreclosure activity. On November 3, 2008, the Housing Committee was briefed on Dallas Foreclosure and Code Compliance Updates which included information regarding the pending Neighborhood Stabilization Program (NSP) allocations. On November 17, 2008, the Housing Committee was briefed on the NSP allocation and reviewed recommendations for the use of funds. On November 19, 2008, the City Council authorized the FY 2008-09 Consolidated Plan Reprogramming Budget #1 for the NSP funds by Council Resolution No. 08-3195. On February 25, 2009, the City Council authorized the acceptance of the NSP funds by Council Resolution No. 09-0530. On December 9, 2009, the City Council authorized substantial amendment No. 4 to the 2008-09 Consolidated Plan for the NSP Program by Council Resolution No. 09-3019. Agenda Date 12/08/2010 - page 2 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (continued) On June 23, 2010, the City Council authorized a public hearing for the (1) Substantial amendment No. 5 to the FY 2008-2009 Consolidated Plan to amend the program statement to include Activity 4- Acquisition, Redevelopment, & Sale of Foreclosed/Abandon Properties (2) Reprogram of funds from Activity 2-Acquisition, Rehabilitation, & Sale/Rent (ARSR) Foreclosed Properties to Activity 4- Acquisition, Redevelopment, & Sale of Foreclosed/Abandon Properties and (3) Reprogram $1,300,000 from Activity 2-ARSR to Activity 1-Acquisition, Demolition, Maintenance, Redevelopment, & Sale for Land Banking Program (ADR). On August 25, 2010, the City Council approved final adoption of the (1) Substantial amendment No. 5 to the FY 2008-2009 Consolidated Plan to amend the program statement to include Activity 4- Acquisition, Redevelopment, & Sale of Foreclosed/Abandon Properties (2) Reprogram of funds from Activity 2-Acquisition, Rehabilitation, & Sale/Rent (ARSR) Foreclosed Properties to Activity 4- Acquisition, Redevelopment, & Sale of Foreclosed/Abandon Properties and (3) Reprogram $1,300,000 from Activity 2-ARSR to Activity 1-Acquisition, Demolition, Maintenance, Redevelopment, & Sale for Land Banking Program (ADR). On November 15, 2010, the Housing Committee was provided an update briefing on NSP activities to date. FISCAL INFORMATION Estimated Revenue: $2,200,000 Agenda Date 12/08/2010 - page 3 COUNCIL CHAMBER December 8, 2010 WHEREAS, On September 2, 2008, the City Council Housing Committee was briefed on the City of Dallas foreclosure activity; and WHEREAS, On November 3, 2008, the City Council Housing Committee was briefed on Dallas Foreclosure and Code Compliance Updates which included information regarding the pending Neighborhood Stabilization Program (NSP) allocations; and WHEREAS, On November 17, 2008, the City Council Housing Committee was briefed on the NSP allocation and reviewed recommendations for the use of funds; and WHEREAS, On November 19, 2008, the City Council authorized the FY 2008-09 Consolidated Plan Reprogramming Budget #1 for the NSP funds; and, WHEREAS, On February 25, 2009, the City Council authorized the acceptance of the NSP funds; and, WHEREAS, On December 9, 2009, the City Council authorized Substantial Amendment No.4 to the FY 2008-09 Consolidated Plan for the Neighborhood Stabilization Program; and, WHEREAS, On June 23, 2010, the City Council authorized the public hearing for the adoption of Substantial Amendment No. 5 to the FY 2008-09 Consolidated Plan for the Neighborhood Stabilization Program; and WHEREAS, On August 25, 2010, the City Council authorized final adoption of Substantial Amendment No. 5 to the FY 2008-09 Consolidated Plan for the Neighborhood Stabilization Program; and WHEREAS, Program income generated through NSP activities must be used for other NSP eligible activities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:` SECTION 1. That a public hearing is held on December 8, 2010 to receive comments on the proposed Substantial Amendment No. 7 to the FY 2008-09 Consolidated Plan for the Neighborhood Stabilization Program (NSP) to: (a) amend the Program Statement, Attachment A, Activity 1, Terms for Grants and Loans to modify provisions with respect to the AR Program from a tiered grant/loan to a homebuyer to a flat grant up to $25,000 per homebuyer; (b) the receipt and deposit of program income in an amount not to exceed $2,200,000 generated from NSP activities; and (c) the establishment of appropriations in an amount not to exceed $2,200,000 in the NSP Program Income Fund to be used for other eligible activities. December 8, 2010 COUNCIL CHAMBER SECTION 2. That the final adoption of the Substantial Amendment No. 7 to the FY 2008-09 Consolidated Plan for the Neighborhood Stabilization Program (NSP) to: (a) amend the Program Statement, Attachment A, Activity 1, Terms for Grants and Loans to modify provisions with respect to the AR Program from a tiered grant/loan to a homebuyer to a flat grant up to $25,000 per homebuyer; (b) the receipt and deposit of program income in an amount not to exceed $2,200,000 generated from NSP activities; and (c) the establishment of appropriations in an amount not to exceed $2,200,000 in the NSP Program Income Fund to be used for other eligible activities is hereby approved. SECTION 3. That the City Controller is hereby authorized to receive and deposit the NSP Program Income funds in the amount of $2.2M in the Neighborhood Stabilization Program Fund NS08, Department HOU, Unit 413A, Revenue Source Code 8474. SECTION 4. That the City Manager is hereby authorized to establish appropriations in the amount of $2.2M in Fund NS08, Department HOU, Unit 413A. SECTION 5. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved. ATTACHMENT A PROGRAM STATEMENT NEIGHBORHOOD STABILIZATION PROGRAM (NSP) Program Purpose: To provide Neighborhood Stabilization Program (NSP) funding for the establishment of financing mechanisms for 1) the acquisition, demolition, maintenance, redevelopment and sale of foreclosed or abandoned single-family homes and multi-family properties, and the acquisition of vacant, abandoned or foreclosed land operated by the Dallas Housing Acquisition and Development Corporation (DHADC); 2) the acquisition, rehabilitation, and sale/rent of improved properties that have been foreclosed, on a bulk sales basis; 3) program administration; and 4) the acquisition, redevelopment, and sale of foreclosed/abandoned and vacant properties. Acquisitions could include duplexes and four-plexes, multifamily properties for Permanent Supportive Housing redevelopment, including Homeless rental units, to achieve affordability for low and moderate-income homebuyers and renters. To benefit NSP designated neighborhoods through the making of loans/grants that promote activities that contribute to the development of viable neighborhood communities by providing decent housing and a suitable living environment. Both components will increase the supply of existing and new affordable single-family housing, workforce housing and multifamily development. Funding: $7,139,300 – NSP/Community Development Block Grant Funds (CDBG) Twenty-five percent (25%) of the NSP funds must be used for housing individuals and families whose incomes do not exceed 50 percent of AMFI NSP funds will be made available to interested parties via Request for Application (RFA), under all development activities NSP Areas: NSP areas are identified as “Areas of Greatest Need” (AGN). Areas were selected based on the greatest percentage of home foreclosures; highest percentage of homes financed by a subprime mortgage related loan; and identified as likely to face a significant rise in the rate of home foreclosures. Each AGN is identified by a MAPSCO page because they represent smallest areas in foreclosure data base. There are a total of 13 AGN authorized by the City. Implementation: The City Manager, or his designee, is authorized to implement the Housing/Community Services NSP program as per this Program Statement and execute any documents necessary to implement this program. The City of Dallas Housing/Community Services Director approves NSP funding for each project with fewer than 50 units. Development funding for projects with 51 units or more requires City Council approval. Evaluation criteria includes: developer ATTACHMENT A PROGRAM STATEMENT NEIGHBORHOOD STABILIZATION PROGRAMS (NSP) experience, ability to complete work within proposed financing schedules, and ownership/financial strategy. Activity 1: Available Funding: $3,800,000- Acquisition, Demolition, Maintenance & Redevelopment and Sale for Land Banking Program (ADR) Description: The City Housing Department, through the Land Bank section of the DHADC, will purchase improved properties that have been foreclosed upon, identified as abandoned or blighted structures and/or improved properties which are unoccupied and vacant, abandoned or foreclosed land within the designated “Areas of Greatest Need.” z Abandoned - A home is abandoned when mortgage or tax foreclosure proceedings have been initiated for that property, the property has been unoccupied for at least 90 days, and/or no mortgage or tax payments have been made by the property owner for at least 90 days. z Properties will be demolished and land banked for up to 10 years, pursuant to NSP federal guidelines. The vacant properties will be maintained by the City and held for future sale to developers for development of new affordable and workforce single-family housing and for development of multifamily projects. z The City of Dallas may demolish up to 50 units under the land bank portion of the NSP z Under the NSP, one-for-one replacement requirements under CDBG regulations have been waived z The City of Dallas will not use eminent domain or allow for involuntary sales in its NSP Redevelopment of Properties 1. The Housing Department will provide non-profit & for profit entities (the “Developer”) loans/grants for the purchase, redevelopment, and sale of foreclosed/abandoned and vacant residential properties for sale to families at 120% or below of AMFI. 2. All acquisition/redevelopment must be with land banked properties. ATTACHMENT A PROGRAM STATEMENT NEIGHBORHOOD STABILIZATION PROGRAMS (NSP) 3. Eligibility requirements will be observed in accordance with federal guidelines. 4. The City Housing Department will solicit applications via a Request for Application (RFA) that includes project and selection criteria. 5. Development experience, financial capacity, and production timeline will all be considered in contract awards. 6. Housing/Community Services Department Director (or designee) will provide approval of individual applications for funding under this program. 7. The City Housing/Community Services Department is responsible for implementation, monitoring, and evaluation under this program. Additional Provisions for AR Program z Require a minimum of 4 foreclosed/abandoned and vacant property acquisitions per application z Require an environmental assessment report on each property acquired z Redeveloped properties will carry a 15 year affordability deed restriction z Proceeds from the sale of the redeveloped property will be returned to the City of Dallas for reuse on additional Land Bank program properties z Terms for grants and loans are as follows: Homebuyer Income Grant 50% or Below AMFI Up to 50% of total costs 51% to 80% AMFI Up to 25% of total costs 81% to 120% AMFI Up to 10% of total costs z Provide up to $25,000 of the total costs as a grant to the homebuyer z Developer must sell redeveloped properties for total cost (acquisition & redevelopment) minus amount of grant from City of Dallas z AR Program homebuyers will be eligible for up to a maximum of $5,000 for down payment and closing costs ATTACHMENT A PROGRAM STATEMENT NEIGHBORHOOD STABILIZATION PROGRAMS (NSP) z Program Income generated through Activity #1 will be reused for this activity. Activity 2: Available Funding: $839,300- Acquisition, Rehabilitation, & Sell/Rent Foreclosed Properties Program (ARSR) Description The City of Dallas Housing Department will provide funds to qualified non-profit and for-profit developers to assist with acquisition and rehabilitation costs of single-family and multi-family properties that have been foreclosed. Acquired properties must be rehabilitated, sold or rented to achieve affordability for low and moderate-income homebuyers and renters. The ARSR program funds will benefit NSP neighborhoods by making of loans/grants that promote activities which contribute to the development of viable communities by providing decent housing and a suitable living environment, and to increase the supply of new affordable housing for individuals and families. z The Housing Department will provide non-profit and for-profit entities (the “Developer”) loans/grants for the purchase and rehabilitation of foreclosed homes and residential properties for sale or rent to families at 120% or below of AMFI. z The City Housing Department will solicit proposals via a Request for Application (RFA) that includes project and selection criteria for acquisition and rehabilitation of properties. z At a minimum, the project must meet applicable City Codes, and locally adopted Minimum Housing Standards (MHS). z Affordability requirements and eligibility requirements will be observed in accordance with federal guidelines. z The RFA will include a listing of properties that have been foreclosed for each of the MAPSCO pages designated as an AGN by the City Council. The foreclosure listing will be the most recently updated data available to the City; however, there may be properties on the foreclosure listing that have already been sold by the lender/owner. ATTACHMENT A PROGRAM STATEMENT NEIGHBORHOOD STABILIZATION PROGRAMS (NSP) AREAS OF GREATEST NEED City No. MAPSC # of Council O Page Foreclosure Districts s 1 65 161 8,5,4 2 59 151 8,5 3 46 135 7 4 55 132 4 5 54 127 3,4,1 6 56 127 4,5,7 7 64 124 5,8,4 8 58 102 5,8,4 9 66 100 8,5 10 48 90 7,4 11 53 89 8,5,3,1 12 69 68 8 13 69A 50 8 Total 1456 z All acquisition of foreclosed properties must be located in the following designated MAPSCO pages that included the highest number of foreclosure concentrations, corresponding Foreclosure Needs Score (FNS), as published by the LISC Foreclosure Response Project issued October 2008 (FNS with a score of 100 being the highest needs category) and corresponding ZIP Codes. RFP Foreclosure List will be made available for the following MAPSCO Pages 65: 161 foreclosures includes ZIP Codes 75216 that has a 48.4 FNS (48.1 Subprime, 32.6 foreclosure and 30.9 delinquency scores), and 75241 with a 58.6 FNS (59.1 Subprime, 68.2 foreclosure and 50.8 delinquency scores) 59: 151 foreclosures includes ZIP Codes 75217 with an 81.2 FNS (71.9 Subprime, 45.4 foreclosure and 63.0 delinquency scores), the highest in the City of Dallas, and 75227 that has a 52.6 FNS (49.9 Subprime, 45.7 foreclosure and 53.3 delinquency scores) ATTACHMENT A PROGRAM STATEMENT NEIGHBORHOOD STABILIZATION PROGRAMS (NSP) 46: 135 foreclosures includes ZIP Codes 75215 with an 11.6 FNS; 75223 with a 2.3 FSN; 75210 with a 5.2 FSN; 75204 with a 1.1 FSN; 75214 with a 1.1; 75246 with rd a 1.1 FSN having the 3 highest number of foreclosures 55: 132 foreclosures includes ZIP Codes 75215 with a 11.6 FNS; 75203 with a 5.5 FNS; 75216 with 48.4 FNS (48.1 Subprime, 32.6 foreclosure and 30.9 delinquency scores) 54: 127 foreclosures includes ZIP Codes 75208 with a 5.6 FNS and 75224 with a 16.2 FNS (16.0 Subprime, 9.4 foreclosure and 17.2 delinquency scores) 56: 127 foreclosures includes ZIP Codes 75215 with 11.6 FNS and 75216 with 48.4 FNS (48.1 Subprime, 32.6 foreclosure and 30.9 delinquency scores) 64: 124 foreclosures includes ZIP Codes 75224 with a 16.2 FNS (16.0 Subprime, 9.4 foreclosure and 17.2 delinquency scores) and 75232 with a 39.1 (37.6 Subprime, 38.7 foreclosure and 37.6 delinquency scores) 58: 102 foreclosures includes ZIP Codes 75227 with a 52.6 FNS (49.9 Subprime, 45.7 foreclosure and 53.3 delinquency scores) and 75217 with an 81.2 FNS (71.9 Subprime, 45.4 foreclosure and 63.0 delinquency scores), the highest in the City of Dallas 66: 100 foreclosures includes ZIP Codes 75216 with a 48.4 FNS (48.1 Subprime, 32.6 foreclosure and 30.9 delinquency scores) and 75241 with a 58.6 FNS (59.1 Subprime, 68.2 foreclosure and 50.8 delinquency scores) 48: 90 foreclosures includes ZIP Codes 75228 with a 20.8 FSN (24.1 Subprime, 12.4 foreclosure and 18.9 delinquency scores) and 75227 with a 52.6 FNS (49.9 Subprime, 45.7 foreclosure and 53.3 delinquency scores) 53: 89 foreclosures includes ZIP Codes 75211 with an 30.0 FNS (31.6 Subprime, 15.0 foreclosure and 31.0 delinquency scores) and 75233 that has a 12.6 FNS (8.8 Subprime, 6.9 foreclosure and 12.1 delinquency scores) ATTACHMENT A PROGRAM STATEMENT NEIGHBORHOOD STABILIZATION PROGRAMS (NSP) 69: 68 foreclosures includes ZIP Codes 75217 with an 81.2 FNS (71.9 Subprime, 45.4 foreclosure and 63.0 delinquency scores), the highest in the City of Dallas; and 75253 that has a 10.2 FNS (8.7 Subprime, 17.1 foreclosure and 8.6 delinquency scores) 69A: 50 foreclosures includes ZIP Code 75253 that has a 10.2 FNS (8.7 Subprime, 17.1 foreclosure and 8.6 delinquency scores) Program Operations: ARSR Activities will proceed as follows: z ARSR Request for Applications (RFA) are made when available funding is sufficient to support a NSP project request according to the requirements of this program statement. z ARSR contract awards will be made through an RFA that will be mailed to interested entities for the acquisition, rehabilitation and sale of foreclosed properties as follows: z Prior to mail out of any RFA, a letter will be sent to entities on City’s non-profit, for-profit mailing list and an ad placed in the Dallas Morning News announcing NSP funding availability z The letter outlining the terms, process and requirements of the City of Dallas’ NSP will include MAPSCO pages identifying “Areas of Greatest Need” that have been approved by the City Council z Interested entities will be required to respond within 2 weeks identifying one or all of the MAPSCO pages if they intend to participate z RFA package will be sent to each interested applicant, detailing all the requirements for participation in the NSP z Capacity, development experience, financials and production will all be considered in recommending a contract award z RFA will include list of all known foreclosed properties in each MAPSCO area elected by proposer ATTACHMENT A PROGRAM STATEMENT NEIGHBORHOOD STABILIZATION PROGRAMS (NSP) z Applicants will have 30-days to respond to the RFA z Proposer will identify proposed foreclosure acquisitions by address z Those applicants receiving an award will be provided a letter from City that can be used in negotiating the acquisition of properties with the owner of the property (lender), and with a commitment to advance funds for a period of 90 days z Applicant will have 90 days to submit sales contracts to City z Once sales contract(s) are received, Applicant will have up to 90 days to complete each environmental, appraisal, title commitment, survey and close on the property z City staff is responsible for reviewing completeness of funding ARSR/ADR proposals and determining if the applicant meets the minimum requirements, prior to briefing and a recommendation for funding to the Dallas City Council’s Housing Committee. z Those applications not meeting the RFP criteria will not be sent to the Housing Committee for consideration. z The City Housing Department is responsible for seeking Housing Committee and City Council approval, timing of the RFA, entering into a contract with the successful Developer, and monitoring of the loan. z The City reserves the right to reject all proposals/applications. z The Developer who purchases foreclosed properties from lenders/owners in the designated NSP Areas will be responsible for: 1) providing documentation of purchase of the foreclosed single-family or multi-family properties in the NSP Areas; 2) securing primary financing with guarantees where required; 3) securing commitment(s) from home builders (if applicable); 4) completing the project on time and within budget; and 5) managing the rehabilitation and/or build-out of the development. z The ARSR Activity will: z Require a minimum of 10 foreclosed property acquisitions per NSP proposal ATTACHMENT A PROGRAM STATEMENT NEIGHBORHOOD STABILIZATION PROGRAMS (NSP) z Restrict the acquisition and rehabilitation to homes built after 1978 z Require a 1 % or greater discount off appraised value on the acquisition of a property from a lender z Require an environmental assessment report on each property acquired z Require an appraisal no more than 60 days prior to date of acquisition (lender may provide current appraisal) z Provide 50% of the acquisition cost for homes to be acquired by qualified entities @ 0% interest loan z Provide up to $20,000 in a deferred loan, for rehabilitation cost, to bring the home up to minimum housing standards z Require full insurance coverage to protect against theft, vandalism and other losses until home is sold z Allow the contractor a maximum developer fee of 20% on the sale or rental of each home z Apply affordability period pursuant to HOME regulations, will be a 15 year deed restriction z Require the Developer to pay City’s acquisition loan in full, upon sale and closing of permanent loan to homebuyer z Require Developers to maintain properties in order to avoid City Code Compliance Department (CCD) violations. z All NSP property addresses have been provided to the CCD for monitoring purposes z ARSR Loans may be negotiated as a rental/lease with option to buy, with home sold to qualified homebuyer no later than 5 years of acquisition from lender with a balloon payment made to the City for 50% of the initial acquisition cost. Homes not sold within the 5 year period will convert to rental units and will remain affordable for a period not to exceed a total of 15 years. z Provisions for Insurance and Maintenance will be required until home is sold z Program Income generated through Activity #2 will be reused for this activity. ATTACHMENT A PROGRAM STATEMENT NEIGHBORHOOD STABILIZATION PROGRAMS (NSP) Additional Requirements z The Developer or any of its associated companies must not have any outstanding compliance issues, delinquent taxes, or code violations with the City of Dallas. z The Developer, or any of its associated companies, must not have had any bankruptcies in the last seven (7) years. Activity 3: Available Funding: $793,255- Program Administration z General administration and planning activities for the City of Dallas Activity 4: Available Funding: $2,500,000- Acquisition, Redevelopment, & Sale of Foreclosed/Abandoned Properties (AR) Description The City of Dallas Housing Department will provide funds to qualified non-profit developers that are also certified Community Housing Development Organizations (CHDOs) to acquire, redevelop (construct), and sell single-family homes on foreclosed/abandoned and vacant properties. 1. The Housing Department will provide non-profit entities (the “Developer”) loans/grants for the purchase, redevelopment, and sale of foreclosed/abandoned and vacant residential properties for sale to families at 50% or below of AMFI. 2. All acquisition of foreclosed/abandoned and vacant properties must be located in the City designated Areas of Greatest Need (AGN) 3. Eligibility requirements will be observed in accordance with federal guidelines. 4. The City Housing Department will solicit applications via a Request for Application (RFA) that includes project and selection criteria. 5. Development experience, financial capacity, and production timeline will all be considered in contract awards. 6. Housing/Community Services Department Director (or designee) will provide approval of individual applications by CHDOs for funding under this program. 7. The City Housing/Community Services Department is responsible for implementation, monitoring, and evaluation under this program. Additional Provisions for AR Program z Require a minimum of 4 foreclosed/abandoned and vacant property acquisitions per application z Require an environmental assessment report on each property acquired z Provide up to 50% of the redevelopment total costs, including acquisition costs, as a grant to the homebuyer z Redeveloped properties will carry a 15 year affordability deed restriction z CHDO developer must sell redeveloped property for 50% of redevelopment total cost, including acquisition costs z Proceeds from the sale of the redeveloped property will be returned to the City of Dallas for reuse on additional AR program properties z CHDO developer must sell redeveloped property to a household with income at or below 50% of Area Median Family Income (AMFI) z AR Program homebuyers will be eligible for up to a maximum of $5,000 for down payment and closing costs z Program Income generated through Activity #4 will be reused for this activity. AGENDA ITEMS # 70,71 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: December 8, 2010 COUNCIL DISTRICT(S): 6 DEPARTMENT: Office of Economic Development CMO: A. C. Gonzalez, 671-8925 MAPSCO: 11A B-R ______SUBJECT Cypress Waters TIF District * A public hearing to receive comments concerning the creation of Tax Increment Financing Reinvestment Zone Number Nineteen for the Cypress Waters area, to be known as the Cypress Waters TIF District under the authority of the Tax Increment Financing Act, as amended (V.T.C.A, Tax Code Chapter 311) - Financing: No cost consideration to the City * An ordinance establishing Tax Increment Financing Reinvestment Zone Number Nineteen to be known as the Cypress Waters TIF District under the authority of the Tax Increment Financing Act, as amended (V.T.C.A, Tax Code Chapter 311) - Financing: No cost consideration to the City BACKGROUND State law requires that in order to create a new Tax Increment Financing ("TIF") Reinvestment Zone, a public hearing must be held to allow individuals for and against the proposal to voice their opinions on the proposed Cypress Waters TIF District. This item allows for the public hearing and at the close of the hearing, allows City Council to vote to create the new TIF reinvestment zone. The proposed TIF district represents the City's effort to provide a model for supporting the development of land near employment centers and to take full advantage of the planned expansion of the DART light rail system along the Cotton Belt Line. The Cypress Waters TIF District is located north and east of the intersection of LBJ Freeway (I-635) and Belt Line Road and is entirely in the City of Dallas. The proposed TIF district contains approximately 939 acres (excluding public rights-of way). BACKGROUND (Continued) During the 30-year term of the proposed TIF district, additional taxable value attributed to new private investment is projected at $2.7 billion in total dollars. The City's participation rate is proposed to be 0% in 2011 then rise to 85% for 2012 and each of the remaining years of the District. The County's participation is anticipated to be 0% in 2011-2013 then rise to 55% for 20 years or until the District is terminated. It is anticipated that the TIF budget of $68 million NPV (or approximately $157 million in total dollars) will be reached by tax year 2033, after 21 years of collection. The preliminary reinvestment zone financing plan for the Cypress Waters TIF District consists of a program of public improvements, under the authority of the TIF Act, which is intended to stimulate private investment and leasing demand that would not otherwise occur. The potential TIF-eligible improvements, based on an estimated budget of approximately $68 million NPV would include: z Infrastructure/utility improvements z Public safety facilities z Administration and implementation On February 23, 2005, the City Council approved Criteria for Evaluating Potential TIF Districts, as amended, as a policy tool for the Area Redevelopment Program. Staff has reviewed the preliminary plan for the Cypress Waters TIF District and found it to conform to the approved criteria. The establishment of the reinvestment zone and the use of the tax increment financing mechanism is intended to cause private investment in this area to occur earlier than would happen otherwise. The entities other than the City of Dallas that levy real property taxes within the proposed zone are Dallas County, Dallas County Community College District, Dallas County Hospital District, Coppell Independent School District, and Carrollton-Farmers Branch Independent School District. The City is currently in discussions with Dallas County about their participation in this district. The area within the Cypress Waters TIF District substantially impairs the sound growth of Dallas, retards the provision of housing accommodations, constitutes an economic and social liability, and is a menace to the public welfare due to the predominance of defective or inadequate sidewalk and street layout. Agenda Date 12/08/2010 -page 2 BACKGROUND (Continued) The following conditions are proposed to further define the City’s intent with regard to this district: 1. The district shall take effect on January 1, 2011 and terminate on December 31, 2040, or at an earlier time designated by subsequent ordinance of the City Council in the event the City determines that the Cypress Waters TIF District should be terminated due to insufficient private investment or at such time as all project costs and the interest thereon have been paid in full. 2. A final Project and Financing Plan will be developed subsequent to the authorization of the TIF and will be subject to City Council approval. For any proposed TIF project, the developer involved will be obligated by the conditions in the Project and Financing Plan and the development agreement for the specific project, which is subject to Council approval. Any development agreements will clearly specify that funds are to be repaid solely from the TIF district revenues and only to the extent that those revenues are available during the defined life of the TIF district. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On September 20, 2010, a briefing was submitted to the Economic Development Committee to call a public hearing for December 8, 2010, to consider creation of TIF Reinvestment Zone Number 19 (Cypress Waters TIF District). On September 22, 2010, the City Council authorized a public hearing to be held on December 8, 2010, for the creation of the Cypress Waters District by Resolution No. 10-2357. On December 6, 2010, a memo was submitted to the Economic Development Committee on the proposed Cypress Waters TIF District. FISCAL INFORMATION No cost consideration to the City MAP Attached. Agenda Date 12/08/2010 -page 3 Cypress Waters Proposed TIF District Location Map E E ² LIN K T A BEL L H T R RE O O NORTH LAKE N O E M IN L T BEL P O O L S R E D N A S North Lake E N I C L LI T O L B E R B E P Y H D K Y ILO N V A WA A M N Z O A T N T D T R O AT R E N E G RANCH HACKBERRY ¦¨§635 §635 City of Dallas ¦¨ Office of Economic Development Legend http://www.Dallas-EcoDev.org CypressWatersTIF Boundary Created 08/2010 Dallas City limit ORDINANCE NO.______ AN ORDINANCE OF THE CITY OF DALLAS, DESIGNATING A CERTAIN AREA AS TAX INCREMENT FINANCING REINVESTMENT ZONE NUMBER NINETEEN, CITY OF DALLAS, TEXAS (THE "CYPRESS WATERS TIF DISTRICT"); ESTABLISHING A BOARD OF DIRECTORS; ESTABLISHING AN EFFECTIVE DATE; ESTABLISHING A TAX INCREMENT FUND FOR THE CYPRESS WATER TIF DISTRICT; PROVIDING A SEVERABILITY CLAUSE; AND ENACTING OTHER MATTERS RELATED T HERETO. WHEREAS, the City desires to promote the development and redevelopment of the Cypress Waters area by creating a tax increment financing ("TIF") reinvestment zone, (the "Cypress Waters TIF District"), pursuant to the Tax Increment Financing Act, Chapter 311 of the Tax Code as amended, (the "Act"); and WHEREAS, on February 23, 2005, the City Council authorized the Criteria for Evaluating Potential TIF Districts as a policy tool for the Area Redevelopment Program by Resolution No. 09-2761, as amended; and WHEREAS, the City Council finds that the Cypress Waters area (as shown in Exhibit A-2) substantially impairs the sound growth of the municipality and that development or redevelopment of the district would not occur solely through private investment in the reasonably foreseeable future; and WHEREAS, in accordance with the Act, the City must hold a public hearing on the creation of the proposed Cypress Waters TIF District and its benefits to the City and to property in the proposed district; and WHEREAS, the Act further requires the City to notify the other taxing jurisdictions which levy real property taxes in the proposed Cypress Waters TIF District of its intent to establish the reinvestment zone at least sixty (60) days prior to holding a public hearing regarding the creation of the Zone, unless the 60-day requirement is waived by the county and school district, and to publish notice of the hearing in a newspaper having general circulation in the City; and WHEREAS, the City notified the other taxing units in writing that the City intends to establish the reinvestment zone; and WHEREAS, in compliance with the Act, the City called a public hearing to hear public comments on the creation of the proposed reinvestment zone and its benefits to the City and to the property, residents and property owners within the proposed reinvestment zone; and WHEREAS, in compliance with the Act, notice of such public hearing was published in the Dallas Morning News, a daily paper of general circulation in the City, such publication date being not later than seven days prior to the date of the public hearing; and WHEREAS, such hearing was convened at the time and place mentioned in the published notice, to wit, on the 8th day of December, 2010, at 1:00 p.m., at the Council Chamber in the City Hall of the City of Dallas, which hearing was then closed; and WHEREAS, the City, at such hearing, invited any interested person, or his attorney, to appear and contend for or against the creation of the reinvestment zone, the boundaries of the proposed reinvestment zone, as described in Exhibit A-1 (Perimeter Description) and Exhibit A-2 (Map of Proposed Cypress Waters TIF Reinvestment Zone) attached hereto, whether all or part of the territory which is described and depicted in Exhibit A-1 and Exhibit A-2 should be included in such proposed reinvestment zone, the concept of tax increment financing and the appointment of a board of directors for the proposed reinvestment zone; and WHEREAS, all owners of property located within the proposed reinvestment zone and all other taxing units and other interested persons were given the opportunity at such public hearing to protest the creation and to protest the inclusion of property in the proposed reinvestment zone; and WHEREAS, the proponents of the reinvestment zone offered evidence, both oral and documentary, in favor of all of the foregoing matters relating to the creation of the reinvestment zone, and opponents, if any, of the reinvestment zone appeared to contest creation of the reinvestment zone; and WHEREAS, the City has prepared a preliminary reinvestment zone financing plan, attached hereto as Exhibit B, and has sent a copy of the plan to the governing body of each taxing unit that levies taxes on real property in the proposed reinvestment zone; and WHEREAS, in further compliance with the Act, the City has made a formal presentation to the governing body of Dallas County, such presentation providing information of the boundaries of the zone, the tentative plans for development of the zone, and an estimate of the general impact of the proposed zone on property values and tax revenues. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City hereby creates a reinvestment zone over the area described in Exhibit A-1 and depicted by the map attached hereto as Exhibit A-2, and such reinvestment zone shall hereafter be identified as Tax Increment Financing Reinvestment Zone Number Nineteen, City of Dallas, Texas to be known as the Cypress Waters TIF District. SECTION 2. That the facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. SECTION 3. That the City Council, after conducting such hearing and having heard such evidence and testimony, has made the following findings and determinations based on the evidence and testimony presented to it: (a) That the public hearing on adoption of the reinvestment zone has been properly called, held and conducted and that notice of such hearing has been published as required by law and delivered to all taxing units overlapping the territory inside the proposed reinvestment zone. (b) That creation of the proposed reinvestment zone with boundaries as described in Exhibit A-1 and depicted in Exhibit A-2 will result in benefits to the City, its residents and property owners, in general, and to the property, residents and property owners in the reinvestment zone. (c) That the Project Plan for the development or redevelopment of the Cypress Waters area contains a list of proposed public works or public improvements designed to facilitate a mix of new housing, new retail and other commercial uses, and public infrastructure to support a more pedestrian and transit oriented environment, and funding to help create public safety features. (d) That the reinvestment zone, as defined in Exhibit A-1 and Exhibit A-2, meets the criteria for the creation of a reinvestment zone as set forth in the Act in that: (1) The reinvestment zone is a contiguous geographic area located wholly within the corporate limits of the City. (2) The area within the reinvestment zone substantially arrests or impairs the sound growth of the City; retards the provision of housing accommodations; contains faulty lot layout in relation to size, adequacy, accessibility, or usefulness; contains a predominance of defective or inadequate sidewalk and street layout; has deterioration of site or other improvements and public infrastructure which cannot support private investment. SECTION 3. (Continued) (e) That the total appraised value of all taxable real property in the proposed reinvestment zone according to the most recent appraisal roll of the City, together with the total appraised value of taxable real property in all other existing reinvestment zones within the City, according to the most recent appraisal roll of the City, does not exceed 15 percent of the current total appraised value of taxable real property in the City and in the industrial districts created by the City, if any. (f) That the proposed reinvestment zone does not contain more than 15 percent of the total appraised value of real property taxable by a county or school district. (g) That the improvements in the reinvestment zone will significantly enhance the value of all taxable real property in the reinvestment zone. (h) That not more than 10 percent of the property in the proposed TIF reinvestment zone, excluding property that is publicly owned, is used for residential purposes, within the meaning of the Act. (i) That the development or redevelopment of the property in the proposed reinvestment zone will not occur solely through private investment in the reasonably foreseeable future. SECTION 4. That the City hereby creates a reinvestment zone over the area described in Exhibit A-1 and depicted by the map attached hereto as Exhibit A-2, and such reinvestment zone shall hereafter be identified as Tax Increment Financing Reinvestment Zone Number Nineteen, City of Dallas, Texas to be known as the Cypress Waters TIF District. SECTION 5. That there is hereby established a board of directors for the Cypress Waters TIF District which shall consist of up to 10 members. The board of directors for the Cypress Waters TIF District shall be appointed as follows (subject to change if a jurisdiction elects not to participate or participates at a reduced percentage of their tax increment): (a) Five (5) members shall be appointed by the City Council. Each of the governing bodies of the following taxing units which levy taxes on real property in the Cypress Waters TIF District (Dallas County, Dallas County Community College District, Dallas County Hospital District, Coppell Independent School District, Carrollton-Farmers Branch Independent School District), may appoint one (1) member to the Board, provided, however, that if a taxing unit waives its right to appoint a member of the board, the City may appoint such a board member in its stead. SECTION 5. (Continued) (b) The initial board of directors shall be appointed by resolution of the governing bodies of the City and the taxing units as provided herein within sixty (60) days of the passage of this ordinance or within a reasonable time thereafter. All members appointed to the board shall meet eligibility requirements as set forth in the Act. (c) The terms of the City-appointed board members shall be for two years. Each year the City Council shall designate a member of the board to serve as chairman of the board of directors, and the board shall elect from its members a vice chairman and other officers as it sees fit. (d) The board of directors shall make recommendations to the City Council concerning the administration of the Cypress Waters TIF District. It shall prepare and adopt a final project plan and reinvestment zone financing plan for the Cypress Waters TIF District and must submit such plans to the City Council for its approval. The board of directors shall possess all powers necessary to prepare, implement and monitor such project plans for the Cypress Waters TIF District, as the City Council considers advisable, including the submission of an annual report on the status of the Cypress Waters TIF District. SECTION 6. That the Cypress Waters TIF District shall take effect on January 1, 2011, and that the termination of the Cypress Waters TIF District shall occur on December 31, 2040, (including collection of the 2040 increment in calendar year 2041 and any related matters to be concluded in 2041) or at an earlier time designated by subsequent ordinance of the City Council in the event the City determines that the Cypress Waters TIF District should be terminated due to insufficient private investment, or at such time as all project costs and the interest thereon have been paid in full. Additionally, five years after the later of (1) adoption of a project plan recommended by a TIF board or (2) the date sufficient utilities have been delivered to the site and accepted by the City, a total investment of at least $100 million in the TIF District has not occurred, City Council may desire to dissolve the TIF District, subject to satisfaction of outstanding obligations SECTION 7. That the tax increment base for the Cypress Waters TIF District, which is the total appraised value of all taxable real property located in the Cypress Waters TIF District, is to be determined as of January 1, 2010, the year in which the Cypress Waters TIF District was designated a reinvestment zone. For detailed information involving the appraised value of the property see attached Exhibit B. SECTION 8. That there is hereby confirmed the establishment of a tax increment fund for the Cypress Waters TIF District which may be divided into such sub accounts as may be authorized by subsequent resolution or ordinance, into which all tax increments, less any of the amounts not required to be paid into the Tax Increment Fund pursuant to the Act, are to be deposited. SECTION 8. (Continued) The City's final participation level for the Tax Increment Fund will be determined by the final project plan. The Tax Increment Fund and any sub accounts are to be maintained in an account at the City Treasurer's affiliated depository bank of the City and shall be secured in the manner prescribed by law of Texas cities. In addition, all revenues from the sale of any tax increment bonds and notes hereafter issued by the City, revenues from the sale of any property acquired as part of the tax increment financing plan and other revenues to be dedicated to and used in the Cypress Waters TIF District shall be deposited into such fund or sub account from which money will be disbursed to pay project costs for the Cypress Waters TIF District. SECTION 9. That the Cypress Waters TIF District is designated as a reinvestment zone under Section 311.005(a)(1) of the Act. SECTION 10. That the total reimbursable project costs to be adopted in the preliminary Cypress Waters Project Plan and Reinvestment Zone Financing Plan are estimated to be approximately $157,271,159 in total dollars (NPV value in 2010 dollars of $68,014,537). SECTION 11. That the City may consider TIF bond sales in accordance with the City's Financial Management Performance Criteria and adequate revenue. SECTION 12. That subject to the approval of the City Council, the board of directors of a reinvestment zone, as necessary or convenient to implement the project plan and reinvestment zone financing plan and achieve their purposes, may establish and provide for the administration of one or more programs for the public purposes of developing and diversifying the economy of the zone, eliminating unemployment and underemployment in the zone, and developing or expanding transportation, business, and commercial activity in the zone, including programs to make grants and loans from the tax increment fund of the zone in an aggregate amount not to exceed the amount of the tax increment produced by the municipality and paid into the tax increment fund for the zone for activities that benefit the zone and stimulate business and commercial activity in the zone. SECTION 13. That a portion of all housing units constructed in the Cypress Waters TIF District will meet the City's established affordable housing criteria. Affordable housing units are affordable to a household earning 80% of area median family income for the Dallas metropolitan area. SECTION 14. That Urban Design Guidelines will be developed for the Cypress Waters TIF District. SECTION 15. That developers receiving TIF funding shall comply with Fair Share Guidelines for private construction and provide preferential hiring to neighborhood residents for any new jobs created. SECTION 16. That if any section, paragraph, clause or provision of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or un-enforceability SECTION 16. That if any section, paragraph, clause or provision of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or un-enforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this ordinance. SECTION 17. That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so ordained. APPROVED AS TO FORM: THOMAS P. PERKINS, JR. CITY ATTORNEY BY ~~ Assistant City Attorney Passed _ Exhibit A-1 Boundary Description Cypress Waters TIF District The Cypress Waters TIF District is generally bounded by East Belt Line Road to the north, South Belt Line Road to the west, Ranch Trail Drive and Hackberry Road to the south, and the City of Irving to the east. District boundaries that follow public streets and highways shall be construed to extend to the far sides of such rights-of-way, measured from the reinvestment zone, except where zone boundaries abut another TIF zone or the jurisdictional limits of another City. In such cases, the boundary shall run to the centerline of the right-of-way. Boundaries that approximate property lines shall be construed as following such property lines. See Exhibit A-2 for a detailed boundary map. Exhibit A-2: Cypress Waters Proposed TIF District Location Map E E ² LIN K T A BEL L H T R RE O O NORTH LAKE N O E M IN L T BEL P O O L S R E D N A S North Lake E N I C L LI T O L B E R B E P Y H D K Y ILO N V A WA A M N Z O A T N T D T R O AT R E N E G RANCH HACKBERRY ¦¨§635 §635 City of Dallas ¦¨ Office of Economic Development Legend http://www.Dallas-EcoDev.org CypressWatersTIF Boundary Created 08/2010 Dallas City limit Exhibit B Cypress Waters Tax Increment Financing District Preliminary Project Plan & Reinvestment Zone Financing Plan September 2010 Acknowledgements The Cypress Waters TIF District Project Plan and Reinvestment Zone Financing Plan was prepared by the City of Dallas, Office of Economic Development, based on an initial preliminary plan prepared by Billingsley Development Corporation. The Office of Economic Development wishes to acknowledge the efforts of everyone who contributed to the development of this plan, including the following organizations and individuals: City of Dallas Mary Suhm City Manager A. C. Gonzalez Assistant City Manager Karl Zavitkovsky Director, Office of Economic Development (OED) Karl Stundins Area Redevelopment Manager, OED Sue Hounsel Senior Coordinator, OED Pam Thompson Economic Development Analyst, OED Barbara Martinez Assistant City Attorney, City Attorney’s Office Sarah Hasib Assistant City Attorney, City Attorney’s Office Dallas City Council Mayor Tom Leppert Mayor Pro Tem Dewaine R. Caraway Deputy Mayor Pro Tem Pauline Medrano Jerry Allen Tennell Atkins Carolyn R. Davis Vonciel Jones Hill Angela Hunt Delia Jasso Sheffie Kadane Linda Koop Ann Margolin Ron Natinsky Dave Neumann Steve Salazar ______Exhibit B Preliminary Project Plan and Financing Plan Page 1 Cypress Waters TIF District Table of Contents Section 1: Project Plan 2 Background 2 Description of District 2 Existing Conditions 6 Existing Land Uses 6 Existing Zoning 6 Development Goals and Objectives 10 Market Feasibility and Planned Development 12 TIF District Policy Considerations 14 Section 2: Public Improvement Plan 16 Project Costs 16 DWU Participation 17 Section 3: Financing Plan 18 TIF Financing Overview 18 Annual Real Property Appraisals to the TIF Fund 24 Financial Assumptions 26 Financial Feasibility 26 TIF Project Costs and Debt Service 27 Financial Policies 28 Conclusion 29 Appendix A: 2010 DCAD Certified Real Property Accounts in the Cypress Waters TIF District 30 ______Exhibit B Preliminary Project Plan and Financing Plan Page 2 Cypress Waters TIF District Section 1: Project Plan Background The Cypress Waters Tax Increment Financing (TIF) District represents the outgrowth of the City of Dallas’ effort to provide a model for supporting the development of underdeveloped land within the City of Dallas near employment centers and to take full advantage of the planned expansion of the DART light rail system along the Cotton Belt Line. The Cypress Waters TIF District (the District) was proposed in August 2010 to encourage the initial development of a large tract of undeveloped land within the City of Dallas (approximately 1,661 acres in total) surrounding North Lake. This District will promote the development of pedestrian-oriented traditional neighborhood development (TND) containing multifamily and residential development, a potential senior housing component, pedestrian-oriented retail development, and additional commercial development. The District is located in the area north and east of the intersection of LBJ Freeway (I- 635) and Belt Line Road, with the entire site being located within the City of Dallas. The District contains approximately 939 acres of contiguous undeveloped land which will be adjacent to a 362 acre lake (upon the planned reduction of North Lake). The remaining property in the 1,1661 acre area is non-TIF area, including proposed school sites, drilling sites, and a former power plant. Due to the remoteness of the property in the Cypress Waters TIF District from the remainder of the City of Dallas, fully developing the property will require significant public expenditures for infrastructure/utility improvements (including extensive water and wastewater transmission, storage and distribution improvements); construction of primary roadway improvements; facilities for police, fire and emergency services; environmental remediation; lake reclamation, etc. The use of TIF funds will allow this large, master-planned development, which is currently located outside of accessible City of Dallas services, to commence development much sooner, and to proceed to completion much more quickly, than such would occur absent the use and availability of TIF funds. A preliminary version of the Cypress Waters TIF District is being initiated by the City of Dallas, pursuant to Section 311.005, Texas Tax Code as the Cypress Waters area substantially impairs the sound growth of Dallas, retards the provision of housing accommodations, constitutes an economic and social liability, and is a menace to the public welfare due to the predominance of defective or inadequate sidewalk and street layout. Less than 10 percent of property in the District is currently being used for residential use with fewer than five living units. ______Exhibit B Preliminary Project Plan and Financing Plan Page 2 Cypress Waters TIF District In conjunction with the proposed TIF district, the Cypress Waters Municipal Management District (MMD) has been created by the Texas State Legislature. Municipal Management Districts (MMD) are self-governed, political subdivisions of the State of Texas. MMDs have the power to levy taxes on property in the district. In addition, MMDs can supply additional services that are supplemental or complementary to regular municipal services. Real property taxes must be approved by a majority of eligible voters in the MMD. The Cypress Waters MMD will benefit the proposed district by providing additional funding options and infrastructure creation capacity, and may also serve as the financing mechanism for any bonds that may be sold to finance project costs within the TIF. Description of District The Cypress Waters TIF District is generally bounded by E. Belt Line Road to the north, S. Belt Line Road to the west, Ranch Trail Drive and Hackberry Road to the south, and the City of Irving to the east. It is depicted in Exhibit A. District boundaries that follow public streets and highways shall be construed to extend to the far sides of such rights- of-way, measured from the reinvestment zone, except where zone boundaries abut another TIF zone or the jurisdictional limits of another City. In such cases, the boundary shall run to the centerline of the right-of-way. Boundaries that approximate property lines shall be construed as following such property lines. The Cypress Waters TIF District is 939 acres in size, excluding existing rights-of way and North Lake. The estimated taxable appraised value of real property in the proposed District for tax year 2010 is $75,672 based on information derived from the certified 2010 tax roll from the Dallas Central Appraisal District (DCAD). It will be adjusted to match final tax roll figures when available. It equates to 0.0001% of the $71,083,488,723 (certified 2010) of taxable real property in the City of Dallas. Texas cities may not designate a reinvestment zone if the total appraised value of taxable real property in the proposed zone and other existing zones exceeds 15% of the total appraised value of taxable real property in the municipality. The value of the proposed zone and other reinvestment zones in Dallas is less than this statutory limit. Moreover, the appraised value of taxable real property in this and all other Dallas TIF reinvestment zones combined is below the maximum threshold of 10% of the City’s tax base as set by the City’s Financial Management Performance Criteria (FMPC), as amended on September 24, 2008. All real property accounts known to be within the TIF district boundary, based on DCAD’s certified 2010 tax roll, are listed in Appendix A. The base value of the TIF district/zone is the total appraised value of all taxable real property in the zone, as determined by the Dallas Central Appraisal District certified tax roll for 2010. The base value of the District may be adjusted in the future to reflect property tax protests and settlements that affect the 2010 valuation of properties within the Cypress Waters TIF District. Inclusion of property in a TIF district does not change tax rates for any property ______Exhibit B Preliminary Project Plan and Financing Plan Page 2 Cypress Waters TIF District in the district. Rates remain the same as tax rates outside the district, given a constant set of taxing jurisdictions. The boundary of this District follows the proposed new shoreline of North Lake. If at any time during the life of the Cypress Waters TIF District, the shore line should be reconfigured or moved, the boundary of the TIF District will follow the new location of the shore line. The proposed duration of the Cypress Waters TIF District is 30 years, beginning on January 1, 2011. The District’s base year is 2010. It is scheduled to terminate on December 31, 2040, (including collection of the 2040 increment in calendar year 2041 and any related matters to be concluded in 2041) or when the budget of approximately $68 million Net Present Value (NPV) has been collected, whichever occurs first; provided that all TIF project costs included in TIF bonded indebtedness shall have been fully repaid at such time (or, alternatively, other arrangements have been made). The City’s participation rate will be 0% in 2011 then rise to 85% for 2012 and each of the remaining years of the TIF. The County’s participation is anticipated to be 0% in 2011-2013 then rise to 55% for 20 years or until the District is terminated. TIF funds will be disbursed annually, subject to the availability of funds, and according to development agreements or securities obligations approved by the City Council. All such agreements and obligations must be consistent with the TIF project plan and financing plan approved by the TIF board and the City Council, as prescribed by the TIF Act. All payments to the Cypress Waters TIF District Fund will terminate upon the occurrence of any of the following events: 1. The TIF budget of $68 million (net present value) has been collected, or December 31, 2040 (including collection of the 2040 increment in calendar year 2041 and any related matters to be concluded in 2041), whichever occurs first; provided that all TIF project costs included in bonded indebtedness shall have been fully repaid at such time (or, alternatively, other arrangements have been made). 2. All financial obligations of the TIF fund have been satisfied and the City Council has dissolved the TIF District. 3. The TIF fund has no financial obligations within three years of City Council adoption of a project plan recommended by a TIF board, and the City Council has dissolved the TIF District. 4. Five years after the later of (1) adoption of a project plan recommended by a TIF board or (2) the date sufficient utilities have been delivered to the site, and accepted by the City, allowing the first phase of development to be occupied, a ______Exhibit B Preliminary Project Plan and Financing Plan Page 3 Cypress Waters TIF District total investment of at least $100 million in the TIF District has not occurred and the City Council may desire to dissolve the TIF District, subject to satisfaction of outstanding obligations The TIF fund may pay expenditures for public improvements within the TIF District and other expenses permitted by law, including financing costs of the public improvements and administrative costs for the TIF program. Dollars from the TIF fund may pay or reimburse a developer, a developer’s assignees, or another entity for legally eligible expenditures duly approved by the City. Alternatively, TIF dollars may pay debt service for securities issued by the City or by the Cypress Waters Municipal Management District (the MMD) to fund eligible TIF expenses. In general, TIF funds may be applied only to expenditures inside the TIF District boundaries, but the TIF Act allows external spending for a few specified purposes. ______Exhibit B Page 4 Preliminary Project Plan and Financing Plan Cypress Waters TIF District Exhibit A: Map of the Cypress Waters TIF District ______Exhibit B Page 5 Preliminary Project Plan and Financing Plan Cypress Waters TIF District Existing Conditions The Cypress Waters TIF District is wholly undeveloped property that is currently being used for agricultural purposes only. Public infrastructure improvements are needed throughout the District. Without TIF financial incentives, it is highly unlikely that development of the area would occur in a comprehensive manner that adheres to strong design standards and satisfies the provisions for affordable housing at anytime within the near future. The aerial photos in Exhibit B show the existing conditions within the District’s boundary. DART’s planned expansion of the light rail system along the Cotton Belt Line is anticipated to be a potential asset for the TIF District. Existing Land Uses The Cypress Waters TIF District is currently used solely for agricultural purposes. The District is adjacent to North Lake and the site of a TXU/Luminant Energy power generation plant which has been decommissioned and is currently scheduled for demolition. Upon completion of the plant demolition, North Lake is planned to be lowered, which would reduce its size from approximately 800 acres to approximately 362 acres. The aerial photos in Exhibit B show the existing land uses within the District’s boundary. Existing Zoning 913 acres of the property within the TIF District have recently been rezoned as PD 741. The remaining 34 acres remain un-zoned. The development standards within PD 741 are based on MU-3 zoning and include certain code enhancements such as additional allowed uses, reduced setbacks, increased density, ground floor transparency, pedestrian friendly street sections and enhanced landscaping. All of these reinforce the design practices of a Traditional Neighborhood Development. See Exhibit C for a map of the existing zoning. ______Exhibit B Page 6 Preliminary Project Plan and Financing Plan Cypress Waters TIF District Exhibit B: Cypress Waters TIF District – Existing Conditions & Uses ______Exhibit B Page 7 Preliminary Project Plan and Financing Plan Cypress Waters TIF District ______Exhibit B Page 8 Preliminary Project Plan and Financing Plan Cypress Waters TIF District Exhibit C: Cypress Waters Zoning Map – PD 741 ______Exhibit B Page 9 Preliminary Project Plan and Financing Plan Cypress Waters TIF District Development Goals and Objectives The goals and objectives of the Cypress Waters TIF District will facilitate the development of new multi-family units, for-sale residential units, senior housing, pedestrian oriented retail centers, office space, data centers, and light warehouse/industrial use, as well as public infrastructure improvements within the community. The following development goals address the specific needs of the proposed Cypress Waters TIF District: • Goal 1 – To create additional taxable value attributed to new private investment in projects in the Cypress Waters TIF District totaling approximately $2.7 billion over the thirty year life of the TIF District. • Goal 2 – To attract new private development, including approximately 10,000 new residential units, 4,000,000 square feet of commercial space (including approximately 700,000 square feet of data center use and 2,000,000 square feet of light warehouse/industrial use), and an estimated 150,000 square feet of pedestrian-oriented retail space, all of which are estimated to create an estimated 9,000 on site jobs. • Goal 3 –To improve ridership on DART via the planned expansion along the Cotton Belt Line. • Goal 4 – To improve recreational opportunities for the community and the future residents within the TIF District via extensive, publicly accessible green space on the site along the lake edge and along power line easements in addition to multiple parks, hike and bike trails and pedestrian connections throughout the District. Additional open space may be available through the utilization of Coppell ISD land and as part of an MMD and/or TIF-funded public amenity center, at developer’s option. • Goal 5 – To create a model for exceptional development standards in terms of its complexity, scope, design, environmental sensitivity, and connectivity. • Goal 6 – To develop the property in a manner where fiscal impacts for the remainder of the City are limited and a development pattern is secured that is a net benefit to the City from a fiscal, land use and community standpoint. • Goal 7 – To generate an NPV of $68 million or approximately $157.3 million in total dollars in TIF revenues over the 30-year life of the District. ______Exhibit B Page 10 Preliminary Project Plan and Financing Plan Cypress Waters TIF District The following objectives set the framework for the planned public improvements within the Cypress Waters TIF District: • Provide funding for environmental remediation and lake reclamation assistance to encourage the development of property within the District. • Install basic infrastructure including, but not limited to, storm water drainage, approximately 5 miles of water transmission improvements, approximately 9 miles of wastewater improvements, and approximately 9 miles of primary roads, while providing street and streetscape improvements that will attract new development and improve accessibility to transit and the trail system in the area. • Provide funding for construction of facilities to house both the intermediate and final public safety services. • Direct the District’s overall development through the application of a comprehensive planning system called Traditional Neighborhood Development (TND) to include a variety of housing types and land uses in a defined area including educational facilities, civic buildings and commercial establishments to be located within walking distance of private homes. A TND is designed to include a network of paths, streets and lanes suitable for pedestrians as well as vehicles, which provides residents the option of walking, biking, or driving to places within their neighborhood. • Blend traditional multi-family and single-family neighborhoods with commercial and retail areas. It will be designed with strict architectural guidelines to ensure quality and excellence while emphasizing aesthetics, human comfort and the creation of a sense of place. This plan is intended to encourage private development and public infrastructure improvements, thereby improving and enabling initial development opportunities for the Cypress Waters TIF District. ______Exhibit B Page 11 Preliminary Project Plan and Financing Plan Cypress Waters TIF District Market Feasibility and Planned Development The predominant land use in the Cypress Waters TIF District development program is mixed-use and Traditional Neighborhood Development (TND), including a range of residential housing types, commercial space, and pedestrian-oriented retail space. The residential development should increase the demand for new retail space in the area. The District’s planned private development includes: • Up to 10,000 new residential units in a range of residential types • Approximately 4,000,000 square feet of commercial space (including approximately 700,000 square feet of data center use and 2,000,000 square feet of light warehouse/industrial use • An estimated 150,000 square feet of pedestrian-oriented retail space By creating a more sustainable mix of high density residential, retail and office uses in the North Lake area, the area will be converted from low tax base agricultural land to developed property with a substantial increase in property values. Market analysis shows a demand for the Cypress Waters project. It is anticipated that the project will attract people from not only Dallas County but the three adjacent metroplex counties (Tarrant, Collin, and Denton Counties). Although the appeal of creating a one-of-a-kind TND within the City of Dallas has been a key aspect in analyzing the project’s financial feasibility, it is highly unlikely that a development of this scale would occur without public assistance. High density residential development via the TND is anticipated to be the primary driver of initial development within the TIF District; however, it is possible that commercial development may precede residential development if near-term market demand moves in that direction. For example, one or more data centers may be constructed prior to any other development. See Exhibit D for the conceptual masterplan. ______Exhibit B Page 12 Preliminary Project Plan and Financing Plan Cypress Waters TIF District Exhibit D: Cypress Waters Development – Conceptual Masterplan ______Exhibit B Page 13 Preliminary Project Plan and Financing Plan Cypress Waters TIF District TIF District Policy Considerations City policy for creation of new TIF Districts requires that newly created TIF District plans include public objectives such as a provision for affordable housing; development of design guidelines that promote the high quality design of structures and infrastructure within the TIF District; utilization of minority- and women-owned businesses in new construction; promotion of jobs for neighborhood residents; and resolution of issues related to the relocation of area residents displaced by new development. These issues are addressed specifically below. Affordable Housing. Twenty percent of all housing units in projects using TIF funds will meet the City’s and County’s established criteria for affordable housing. Affordable housing units are those which are affordable to a household earning 80% or less of the median family income for the Dallas metropolitan area. Affordable rental rates will be adjusted annually according to the affordable housing schedule produced annually by the City’s Housing Department. The District’s Board of Directors will develop an Affordable Housing Policy outlining the details for the provision of affordable housing in the District. A developer may, subject to City and County approval, propose an alternative means of fulfilling the City and County’s affordable housing requirements. New affordable housing within the District may include senior or tax credit financed units. Affordable housing units should be dispersed throughout the community. Mixed- income projects will be encouraged where possible. Design Guidelines. High quality urban design, utilizing a TND approach, is an objective for the Cypress Waters TIF District. Design guidelines for new development in the TIF District will be developed and recommended by the TIF Board within two years after designation of the District. Upon approval of the guidelines by the City Council, future development projects receiving TIF dollars will be required to comply with the approved guidelines. A subcommittee of the TIF board of directors will be created to assist with this review process. In addition, City staff will review projects for compatibility with the conceptual plans contained in the Project Plan to ensure that the development sets a standard for future development in the City of Dallas The design guidelines will emphasize a network of paths, streets and lanes suitable for pedestrians as well as vehicles which provides residents the option of walking, biking or driving to places within their neighborhood and will provide for strict architectural guidelines to ensure quality and excellence emphasizing aesthetics, human comfort and the creation of a sense of place. Business Inclusion Development (BID) Plan. All TIF-funded projects must follow the City’s adopted Business Inclusion and Development Plan. This policy outlines goals for certified Minority- and Women-Owned Business (M/WBE) participation in publicly ______Exhibit B Page 14 Preliminary Project Plan and Financing Plan Cypress Waters TIF District funded infrastructure projects. The BID Plan goal is 25% for construction of public improvements. The goal for private improvements is negotiated in the development agreement. The process for BID compliance and City oversight will be negotiated with City staff and included in the development agreement for each individual project. Promotion of Jobs for Neighborhood Residents. TIF applicants must agree to sponsor job fairs or other programs to attract neighborhood residents to any permanent jobs created in the developments within the district. Existing Resident Displacement. The Act requires that existing resident displacement be minimized. Since all of the land within the TIF District is currently undeveloped there is no resident displacement to be considered or minimized. ______Exhibit B Page 15 Preliminary Project Plan and Financing Plan Cypress Waters TIF District Section 2: Public Improvement Plan The Project Plan’s enumerated public improvements provide for approximately $68 million NPV or $157 million in total dollars for the categories listed below. See Exhibit F for a budget of the proposed TIF-funded Project Plan Improvements (“Project Costs”). Project Costs The following describes the Cypress Waters TIF District’s eligible TIF Project Costs: 1. Infrastructure/Utility Improvements – This category includes TIF eligible expenditures for design and engineering for infrastructure and utility improvements; water and wastewater infrastructure improvements; primary road way construction; improvements for medians and parkways; and storm water drainage and management. This category also includes design, engineering, acquisition and construction of streetscape improvements, including lighting, sidewalk and path improvements; constructing and enhancing pedestrian and vehicle continuity in the District; streetscape improvements related to specific projects; and landscaping of public areas. It is estimated that approximately $60.3 million, after Dallas Water Utilities cost participation, will be required to accomplish the needed infrastructure improvements in the Cypress Waters TIF District. 2. Grants for Public Safety Facilities – The City intends to make economic development loans or grants to further implement this Plan and to enable the construction of permanent public safety facilities (including police and fire) within the District. It is estimated that approximately $6.0 million will be needed to facilitate grants for these public safety facility projects in the Cypress Waters TIF District. 3. Administration and Implementation – Administration costs, including reasonable charges for time spent by the municipality’s employees and/or employees associated with any non-profit groups established to assist with implementation within the TIF District, will be eligible for reimbursement as project costs, upon approval by the TIF Board of Directors and in connection with the implementation of the Final Plan. Other TIF-related administrative expenses such as the City’s legal and consulting fees (including but not limited to bond counsel and financial advisor fees), management expenses, meeting expenditures and equipment are included in this category, including some expenses, such as design and engineering costs for preparing plans for the district, incurred by the Owner or Developer in connection with the creation of the TIF. ______Exhibit B Page 16 Preliminary Project Plan and Financing Plan Cypress Waters TIF District 4. It is estimated that approximately $1.7 million will be needed for the administration and implementation of the TIF Plan. Dallas Water Utilities Participation In addition to the funds provided by the TIF, Dallas Water Utilities may commit to pay, or reimburse the developer for, 30% of the eligible costs of water and wastewater improvements for the District. It is estimated that approximately $14 million may be committed by Dallas Water Utilities to reimburse developer and TIF fund. Any expenditure by Dallas Water Utilities over 30% may be reimbursable by the TIF district like any other TIF-eligible expenditure. See Section 3: Financing Plan for details on how funds may be used. ______Exhibit B Page 17 Preliminary Project Plan and Financing Plan Cypress Waters TIF District Section 3: Financing Plan TIF Financing Overview Tax increment financing is a tool local governments of Texas have used since 1986 to finance public improvements within defined areas that have unique challenges and opportunities for economic development. Statutory law governing TIF is found in the Act. The public improvements facilitated by tax increment financing strengthen existing communities and attract investment. A municipality may designate an area as a TIF reinvestment zone if it determines that development or redevelopment activities in the area would not occur solely through private investment in the foreseeable future. All or a part of the increased tax revenue due to greater real property value in the district flows to a tax increment fund for a specified maximum term of years (subject to extension in accordance with state law). Money flowing to the TIF fund is disbursed according to a plan approved by a board of directors (the “TIF Board”) and the City Council, as prescribed by the Act. With the exception of environmental remediation and demolition, historic façade restoration and funding for a TIF grant program, money in the TIF fund may only be used for public improvements. Exhibit E illustrates how rising tax revenue from a TIF district’s greater appraised property values flows over time to its participating taxing jurisdictions’ general funds and to a TIF fund. The irregular diagonal line of Exhibit E depicts increasing values at various rates over time. ______Exhibit B Page 18 Preliminary Project Plan and Financing Plan Cypress Waters TIF District Exhibit E: Property Tax Flow with Tax Increment Financing End of City and County participation $35,000,000 $30,000,000 $25,000,000 Tax increment to TIF fund $20,000,000 Real Property Taxes $15,000,000 retained Base tax revenue retained $10,000,000 $5,000,000 $0 2010 2013 2016 2019 2022 2025 2028 2031 2034 2037 2040 2043 2046 2049 Inclusion of property in a TIF zone does not change any tax rate for the property. Tax rates in a TIF district are the same as tax rates outside the district. Since 1986, Dallas has created eighteen TIF districts. Without the creation of these TIF districts, it is doubtful that development in the State Thomas, Cityplace/West Village, Victory/American Airlines Center, Downtown, and other areas would have revitalized in the manner that they have. Most of the initial TIF districts were located in or around the downtown area or adjacent to DART light rail line stations. The Cypress Waters TIF District follows this mode in that DART’s proposed expansion along the Cotton Belt Line will pass through or near the District. Project Budget. The Reinvestment Zone Financing Plan provides for incremental financing and predicts revenues for the Cypress Waters TIF District. ______Exhibit B Page 19 Preliminary Project Plan and Financing Plan Cypress Waters TIF District EXHIBIT F: Cypress Waters TIF District Project Plan Improvements Budget Total Estimated Estimated TIF TIF Expenditure Expenditure Category (in 2010 Dollars)* (Actual)** Water Transmission Improvements $17,949,771 $41,505,557 Sewer Transmission Improvements $14,799,357 $34,220,802 Primary Roadway Improvements $27,525,410 $63,647,468 Public Safety Improvements $6,000,000 $13,873,901 Administration & Implementation $1,740,000 $4,023,430 Total Project Costs $68,014,537 $157,271,159 * All values discounted to 2010 dollars at 5% annually. Actual expenditure value w ill depend on timing of project cost. ** All values are estimated based on annual TIF project costs and debt service schedules. These values depend on timing of projects and w ill fluctuate. An interest rate of 5% is used throughout the TIF term. Note: in addition, DWU may agree to fund up to 30% of TIF-eligible w ater and sew er improvements. The project’s principal costs in Exhibit F are expressed as if paid in 2010. Cash for most of these expenditures will not be drawn until subsequent years. Financing Process. A developer will typically apply for and be authorized by the City Council for TIF improvements, then fund and build the improvements. Upon completion and acceptance of the work by the City, the developer will be reimbursed with TIF funds if and when they are available. TIF payments are made based on available increment and other conditions set forth in project development agreements. Previously, public improvements were publicly bid with private groups advancing funds for these improvements and earning applicable interest until the advance was repaid by the future cash flows to TIF District fund, if and when funds were available. However, based on legislative changes in 2005, the City may now allow for private, competitive bidding of TIF public improvements. Likewise, Dallas Water Utilities or another City entity may apply for and be authorized by the City Council to construct TIF improvements and be reimbursed by the TIF district. In general, TIF funds may be applied only to expenditures inside the TIF district boundaries, but the TIF Act allows external spending for a few specified purposes, including places of public assembly and affordable housing. Bonds. It is contemplated that the Cypress Waters MMD may secure MMD bonds or other obligations and pledge TIF revenues to the MMD in support of such bonds or other obligations, subject to the approval by the City Council. City staff may explore ______Exhibit B Page 20 Preliminary Project Plan and Financing Plan Cypress Waters TIF District using various other financing methods to repay TIF obligations, subject to City Council approval. Grants. State law has been amended to permit the Cypress Waters TIF District to consider making direct grants to implement the Plan. As necessary or convenient to implement this Plan, the District’s Board of Directors may provide for a program to make economic development loans or grants from TIF funds in an aggregate amount not to exceed the amount of tax increment produced by the municipality and paid into the tax increment fund for the District. Projects receiving such loans or grants must be consistent with the goals and objectives of the Cypress Waters TIF District Project Plan and Reinvestment Zone Financing Plan and would be subject to specific project agreements and City Council approval of the loan or grant program and the project agreements. The City will implement sufficient controls to ensure that any grant funding provided will be used to satisfy at least one of the following objectives relevant to the Cypress Waters TIF District: 1. Develop and diversify the District’s economy 2. Eliminate unemployment or underemployment 3. Develop or expand transportation, business, and commercial activity Financing Policy and Long Term Financing. The goal of the Cypress Waters TIF District is to leverage increment accrued to maximize development in the District. Expected Revenues. Exhibit G lists development projects that are anticipated in the Cypress Waters TIF District through 2040. Some of the projects may not occur or may be replaced by another potential project. This schedule represents the best estimate for the District’s anticipated development. The actual timing, floor area, uses and other attributes for the listed projects may differ from the provided information. Unit values supporting appraisal estimates in Exhibit G are based on observations of values assigned to comparable developments by the Dallas Central Appraisal District (DCAD). Actual construction costs or trading prices may differ. Because tax increments are measured by DCAD values, these are the relevant measures of value for a TIF financing plan. ______Exhibit B Page 21 Preliminary Project Plan and Financing Plan Cypress Waters TIF District Exhibit G-1: Anticipated Development Projects in TIF District ______Exhibit B Page 22 Preliminary Project Plan and Financing Plan Cypress Waters TIF District Exhibit G-2: Anticipated Development Projects in TIF District ______Exhibit B Page 23 Preliminary Project Plan and Financing Plan Cypress Waters TIF District Annual Real Property Appraisals to the TIF Fund Based on the development projects identified in Exhibit G and other stated assumptions, Exhibit H estimates increment projections for the TIF District and annual percentages and amounts of the real property tax growth increment reinvested each year in the Cypress Waters TIF District fund. Cumulative increased property value is expected to reach approximately $2.7 billion during the TIF District’s 30-year term. Starting with tax year 2012 (Year 2 of the TIF zone), a portion of the real property tax collected by the City of Dallas will flow to the TIF fund. This fund will reimburse TIF project costs according to a duly adopted project plan and financing plan for the Cypress Waters TIF District. Annual percentage of collected annual tax increments invested in the TIF fund by the City of Dallas will equal 85%. Dallas County has been asked to participate in the TIF program. Beginning in 2014, Dallas County is anticipated to agree to contribute 55% of the tax increment generated from county taxes assessed and collected within the Cypress Waters TIF District. County participation will require the approval of the County Commissioners Court and final terms of the County’s contributions of tax increment shall be set forth in an interlocal participation agreement between the City and County. Including the school district, hospital district, DCCCD, City, and County, and including sales, BPP, etc, the majority of tax increments generated in the Cypress Waters TIF District over the District’s 30-year term will flow to the general operating funds of the relevant taxing jurisdictions. ______Exhibit B Page 24 Preliminary Project Plan and Financing Plan Cypress Waters TIF District Exhibit H: Annual Real Property Appraisals and City/County Tax to the Cypress Waters TIF Fund ______Exhibit B Page 25 Preliminary Project Plan and Financing Plan Cypress Waters TIF District Financial Assumptions The key factors influencing the financial feasibility study and its conclusions are the financial assumptions that have been adopted. Inflation. The generally accepted inflation for construction costs and the value of improvements is 3% per annum. Based on current market rates, net present values of the tax increment were calculated at a discount rate of 5% per annum. Appreciation. Property appreciation is assumed to be 1.5% percent per annum on average. Tax Rate Changes. Although tax rates will certainly increase during the 30-year development period, the financial plan assumes that the 2010 tax rate will remain constant for the life of the Cypress Waters TIF District. Actual collections will incorporate any tax rate changes that may occur. Remittance to the TIF Fund. The proposed duration of the Cypress Waters TIF District is 30 years. (It is scheduled to terminate December 31, 2040.) The City of Dallas is expected to participate at a rate of 85%. Dallas County will be asked to participate at a rate of 55% for a period of 20 years. TIF collections will terminate once the TIF budget of $68 million net present value) has been collected or December 31, 2040, whichever occurs first; provided that all TIF project costs included in bonded indebtedness shall have been fully repaid at such time (or, alternatively, other arrangements have been made). Based on current development projections, the TIF budget is expected to be reached in 2033, after 22 years of collections. Financial Feasibility The private development plans, public improvement program, general financing strategy and financial assumptions were all included in a preliminary assessment prepared by Billingsley Development Corporation and the City of Dallas, Office of Economic Development. The study is intended to be used as part of the economic feasibility study for the District in accordance with the provisions of Section 311.011, Texas Tax Code, and is available upon request. During the Cypress Waters TIF District’s 30-year term, cumulative private development is expected to increase property value to approximately $2.7 billion. The TIF will only receive revenue from the taxable value which exceeds the base year’s value. As a result, the “captured” taxable value accruing to the Cypress Waters TIF District will be $68 million NPV. If revenues are received at the predicted rate, increment collections will be reached and final project improvements completed by Year 23 of the TIF term. On a strict “pay-as- you-go” basis, the progress of the public improvements portion of the development ______Exhibit B Page 26 Preliminary Project Plan and Financing Plan Cypress Waters TIF District program is driven by the revenues received and matched by the City’s contributions. Therefore, if revenues exceed these projections, then the public improvements may be completed ahead of schedule. However, if revenues do not meet expectations, then the progression of public improvements will be slowed or discontinued altogether based upon the advice of the Board of Directors and the approval of the City Council. The Reinvestment Zone Financing Plan provides that the City and County will begin to realize additional revenues from the TIF in Year 2 (2012) of the program. Based upon a set of TIF District analyses and assumptions, the Project Plan and Reinvestment Zone Financing Plan is feasible. TIF Project Costs and Debt Service Pursuant to this Project Plan and Reinvestment Zone Financing Plan and pursuant to one or more development agreements, balances in the TIF fund will be disbursed to reimburse TIF project costs. The City will not be obligated to reimburse TIF project costs unless there are sufficient dollars in the TIF fund to facilitate reimbursement. Disbursement from the TIF fund shall be executed in a timely fashion and not unreasonably withheld. Reimbursement of TIF project costs appears to be economically feasible if development, project cost expenses, real property appraisals, tax levies and tax collections occur according to the analyses and assumptions in this plan. The reinvestment zone was designated by the City Council in calendar year 2010, thus making the certified 2010 tax roll (based on January 1, 2010 conditions, and adjusted for final valuations) the base value for the zone. The TIF zone will terminate at the end of calendar year 2040, upon full collection of the TIF budget, or at such other date as set by the City Council. This extended term enables the City of Dallas and other local taxing jurisdictions to allocate percentages of tax increments to the TIF fund in later years if, in their discretion, further investments are warranted. The City Council may terminate this TIF zone at an earlier date if all obligations of the TIF fund have been satisfied. The tax increment financing fund may have a residual balance of cash after all its financial obligations have been met. Any residual balance will be refunded to taxing entities participating in the TIF program on a pro rata basis according to their respective contributions. No bonded indebtedness is currently anticipated for the TIF fund. The City may, however, determine at a future date that it would be advantageous to issue, or to permit the MMD to issue, obligations backed by a reliable cash flow to the TIF fund and/or other sources, thus reimbursing TIF project costs at an earlier date than otherwise. The City reserves all powers to determine the appropriateness of issuing securities and to ______Exhibit B Page 27 Preliminary Project Plan and Financing Plan Cypress Waters TIF District approve an issue of securities, yet it has no obligation to issue securities to prepay TIF obligations. Financial Policies General financial policies are governed by the City of Dallas Public/Private Partnership Program that was first approved by the City Council on March 13, 1996. This program provides a framework for development incentives in a variety of areas. Within this framework are specific proposed policies for the Cypress Waters TIF District: • Public improvements will occur at a pace that coincides with private development. • Private developers must enter into a development agreement with the City if they desire the municipality to share in the costs of infrastructure improvements required for their projects. • Reimbursement priorities and the method of apportioning available increment will be described in the development agreement. • Each development agreement is unique. Accordingly, the nature and extent of support from public funds may change over time as the District becomes more developed. • It is contemplated that the TIF may issue certificates of obligation or TIF bonds for projects as described earlier in the Project Plan, subject to the approval of the City Council. • If a developer requests funding for infrastructure improvements at a time when sufficient funds are not available in the TIF Fund, then improvements may be: − Deferred until funds are available − Constructed at the sole expense of the developer − Constructed at the expense of the developer with the City providing reimbursement as sufficient funds become available or when bonds or other financial obligations have been issued by the City or by the MMD (with City approval) • Should project costs that directly benefit the project’s developer be paid, such as grants made to a developer as permitted by Chapter 311, Texas Tax Code, the City will enact and implement controls sufficient to ensure that any grant funds provided will be used to fulfill the public purposes of developing and diversifying the Cypress Waters TIF District’s economy, eliminating unemployment or underemployment, and developing or expanding the District’s transportation, business and commercial activity. ______Exhibit B Page 28 Preliminary Project Plan and Financing Plan Cypress Waters TIF District • Some desired improvements that benefit the entire district are beyond the capacity of TIF funding. Other sources of funding, such as General Obligation Bonds and grants, will be explored for these types of improvements. The Cypress Waters TIF Board may periodically recommend amendments to these financial policies which will affect the TIF District’s operations. Conclusion Based upon a set of analyses and assumptions relevant to the Cypress Waters TIF District Preliminary Project Plan and Reinvestment Zone Financing Plan, the plan has been determined to be feasible. The success of the District’s development projects will allow the City of Dallas to improve and increase the area’s inventory of affordable housing units as well as create new commercial and retail uses to complement the district. Additionally, adopting design standards and providing incentives to attract a more desirable mix of development will enable the Cypress Waters TIF District to serve as a model for developing similar areas. ______Exhibit B Page 29 Preliminary Project Plan and Financing Plan Cypress Waters TIF District Appendix A: 2010 DCAD Certified Real Property Accounts in the Cypress Waters TIF District [CHART WILL BE ADDED TO TIF PLAN BEFORE FILING] ______Exhibit B Page 30 Preliminary Project Plan and Financing Plan Cypress Waters TIF District