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January 18, 2000 Agenda
AGENDA CITY OF DENTON CITY COUNCIL January 18, 2000 Agenda No.~...~~ A. genda Item_ ,,- After determining that a quorum is present and convening in an open meeting, the City Council will convene in a closed meeting of the City of Denton City Council on Tuesday, January 18, 2000 at 5:15 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney, Denton, Texas to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a closed meeting at 5:15 p.m. and will convene at the time listed below for its regular or special called meeting. Council reserves the right to adjourn into a closed meeting on any item on its open meeting agenda consistent with Chapter 551 of the Local Government Code as set forth below. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED 1N A CLOSED MEETING WILL ONLY BE TAKEN 1N AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEX. GOV'T. CODE CH. 551. THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551.071-551.086 OF THE OPEN MEET1NGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, January 18, 2000 at 6:00 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Pledge of Allegiance A. U.S. Flag A. Texas Flag "Honor the Texas Flag I pledge allegiance to thee, Texas, one and indivisible." PROCLAMATIONS/PRESENTATIONS 2. Proclamation for World Religion Day o Awards a. Presentation of MESAP bo (Municipal Electric Safety Accreditation Program) Award Presentation of Parks Foundation Award Presentation of Distinguished Budget Presentation Award on the 1998-99 Denton Budget by the Government Finance Officer's Association Presentation of Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officer's Association for Denton's Comprehensive Annual Financial Report for the fiscal year ended September 30, 1998. CITIZEN REPORTS 4. Receive a report from Willie Hudspeth regarding tree removal from his property. City of Denton City Council Agenda January 18, 2000 Page 2 CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Consent Agenda (Agenda Items 5-10). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items 5-10 below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items under "Items for Individual Consideration". Consider adoption of an ordinance authorizing the City Manager to execute a professional services agreement with Intellisys Group, Inc. for the design and installation of a streaming media system and related services as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date. (Professional Services Agreement (PSA) 2458 - Design and Installation of a Streaming Media System and Related Services awarded to Intellisys Group, Inc. in the amount of $170,279) o Consider adoption of an ordinance accepting competitive bids and awarding a contract for the lease of office space; providing for the expenditure of funds therefor; and providing an effective date. (Bid 2443 - Lease of Office Space awarded to D.D. Martino Realty in the amount of $18,360 per year) Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of tables and chairs; providing for the expenditure of funds therefor; and providing an effective date. (Bid 2427 - Tables and Chairs for Service Center awarded to BKM Total Office of Texas in the amount of $19,670.76)) o Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of padmounted and overhead capacitors; providing for the expenditure of funds therefor; and providing an effective date. (Bid 2446 - Capacitors awarded as listed in the amount of $60,385) o Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of electrical switchgear; providing for the expenditure of funds therefor; and providing an effective date. (Bid 2447 - S&C Vista Switchgear annual contract awarded to Wesco in the not to exceed amount of $130,000) 10. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of trucking services; providing for the expenditure of funds therefor; and providing an effective date. (Bid 2450 - Trucking Services awarded as listed) PUBLIC HEARINGS 11. Hold a public hearing and consider approving an amended Concept Plan for approximately 13.6 acres located between Mulkey and Audra Streets north of Paisley. City of Denton City Council Agenda January 18, 2000 Page 3 The property is located in the Planned Development 9 (PD-9) zoning district. A D.I.S.D. education facility is proposed. The Planning and Zoning Commission recommended approval (5-0). (Z-99-087, Las Flores) 12. Continue a public hearing and consider zoning approximately 34 acres to One Family Dwelling (SF-16) zoning district and land use classification. The property is located south of E1 Paseo Drive, between Forrestridge Drive and Montecito Drive. Single family residential development is proposed. The Planning and Zoning Commission recommended approval (5-0). (Z-99-051, Shadow Brook Place) 13. Hold the second of two public hearings regarding a proposed voluntary annexation of approximately 18 acres located north of Spencer Road between Woodrow Lane and Loop 288 in southeast Denton. The property is the Denton Municipal Electric generation plant. The zoning at the time of annexation will be Light Industrial (LI). (A-98, DME Spencer Road generation planO ITEMS 14. FOR INDIVIDUAL CONSIDERATION Consider adoption of an ordinance of the City of Denton, Texas, authorizing a joint public hearing with the Planning and Zoning Commission and the City Council to be held on February 8, 2000 pursuant to Texas Local Government Code §211.007 (b) at the City Council Chambers at 6 o'clock p.m. to consider recommendation and action upon an ordinance creating nonresidential interim regulations for the implementation of the new comprehensive plan of the City of Denton; prescribing notice of the joint meeting pursuant to Texas Local Government Code §211.007 (d); providing for a recommendation by the Planning and Zoning Commission; superceding the provisions of all ordinances on the same subject matter to the extent of a conflict; and providing for an effective date. 15. Consider the following requests for relief from the provisions of Ordinances 99-473 and 99-474, establishing moratoria to apply to certain specified development applications: a. Ryan Road, west of Teasley - 22.98 acres, SF-7 (Ordinance 99-473) b. PD-1 - 8 acres, University Avenue, Office/Tech. Center (Ordinance 99-474) c. Rudy's Bar-B-Q, Loop 288 in front of Tractor Supply Store (Ordinance 99-474) d. Robson Ranch, 1-35W at Crawford Rd. (Ordinance 99-474) 16. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to act on the City's behalf in executing a new public highway crossing agreement with the Union Pacific Railroad Company relating to the construction of the Nottingham Road railroad crossing at milepost 717.17 in the Choctaw Subdivision; authorizing the expenditure of funds for processing such agreement; and declaring an effective date. 17. Consider adoption of an ordinance of the City of Denton, Texas, closing a portion of the street right-of-way for Texas Street in the vicinity of Union Pacific Railroad's mile post City of Denton City Council Agenda January 18, 2000 Page 4 718.40 - C'}aoc'~aw Subdivision and the Acme Brick private street in the vicinity of Union Pacific Railroad's mile post 720.69 - Choctaw Subdivision; providing for a savings clause; providing for severability; and declaring an effective date. 18. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to eXecute an agreement for professional legal services with the law firm of Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P~C. pertaining to representation of the City before the Public Utilities Commission of Texas ("PUC") in the areas of public utility regulatory law and administrative law, respecting any pertinent rulemaking proceeding or project, including representation pertaining to the implementation of Senate Bill 7, and legal advice concerning compliance with PUC rules respecting the activities of Denton Municipal Electric; authorizing the expenditure of funds therefor; providing for retroactive effect of the agreement; and providing an effective date. 19. 20. 21. 22. Consider adoption of an ordinance canvassing the returns of the bond election held on January 15, 2000; and providing for an effective date. Consider approval of a resolution amending Resolution No. R99-045 Passed by the City. Council on September 7, 1999 to add projects approved by the voters at the January 15, 2000 General Obligation Bond Election to the General Government Capital Improvement Program for 2000-2004; providing a savings clause; and providing an effective date. Consider nominations/apppintments to Boards and Commissions. Miscellaneous matters from the City Manager. 23. New Business This item provides a section for Council Members to suggest items for future agendas. 24. Possible continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 25. Official Action on Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the aboVe notice of meeting was poSted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of ,2000 o'clock (a.m.) (p.m.) CITY SECRETARY City of Denton City Council Agenda January 18, 2000 Page 5 NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET January 18, 2000 Materials Management Kathy DuBose, Fiscal and Municipal SerVices ~ Agenda No. Agenda Item ' Date Questions concerning this acquisition may be directed to. Alex Pettit 349-8595 SUBJECT: An Ordinance authorizing the City Manager to execute a professional services agreement with Intellisys Group, Inc. for the design and installation of a streaming media system and related services as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (Professional Services Agreement (PSA) 2458 - Design and Installation of a Streaming Media System and Related Services awarded to Intellisys Group, Inc. in the amount of $170,279). BACKGROUND: Representatives from the Technology Services Division have reviewed a proposal from Intellisys Group, Inc. to provide a streaming media system. The system will enable the City of Denton to make our council meetings available over the World Wide Web and provide a library of these files for future reference to anyone with Web access. The price structure for the submitted proposal is based upon Intellisys Group, Inc. catalogue. Intellisys Group, Inc. is a State of Texas Qualified Information Services Vendor (QISV) through Pro Line Video, Inc., now doing business as Intellisys Group, Inc. RECOMMENDATION: We recommend the professional services agreement between Intellisys Group, Inc. and the City of Denton be approved in the amount of $170,279.00 ESTIMATED SCHEDULE OF PROJECT: The project to allow access to council meetings on the World Wide Web is scheduled for start up the first week in February 2000 and to be completed the first week in March 2000. FISCAL INFORMATION: Funding for this system is available from Technology Fund budget account (771-044-COMP-9847-9107). Respe~t~lly su ~,~d: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Purchase Order 02313 to Intellisys Group Attachment 2: QISV Certification 1320.AGENDA ATTACHMENT 1 o o 0 o ~.. o 0~ © o o o n. o o o o o o ATTACHMENT 2 [NTELLI$Y$ C;l(OU,P January3,2000 Mr. AlcxPo~t City ofDenton, TX Reference: Intellisys Group QISV status Dear Mr, Petit: For your information, Tntellisys Group is a Qualified Informatb, ~ Systems Vendor through the purchase of Pro Line Video, Inc., now doing busine!~ s ns IntelltsysGroup. The Pro t.ine Video Vendor Identification Number (MIX}) is I-7,1.-1990483-8 and all vendor contact information, including the o-line catalog, is avai]l able at web site w~v.M~lin ev idea.com. Int~llilys Group, as .~ individual business entity, is listed on thc: Central Master Bidders List (CMBL) under VID #1-94-2~1-9583-300, pending fi, aalization and approval of the official Intelltsys Group ~ online catalog. Shcerely, SulesExeeutive~Government and Eduention Ph: 972-5S4-0481X217 Fx: 972-~S4-1984 Kmail: cbailcv~hleavs.com ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH INTELLISYS GROUP, INC. FOR THE DESIGN AND INSTALLATION OF A STREAMING MEDIA SYSTEM AND RELATED SERVICES AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PROFESSIONAL SERVICES AGREEMENT (PSA) 2458 - DESIGN AND INSTALLATION OF A STREAMING MEDIA SYSTEM AND RELATED SERVICES AWARDED TO INTELLISYS GROUP, INC. IN THE AMOUNT OF $170,279). SECTION I. That the City Manager is hereby authorized to enter into a professional service contract with Intellisys Group, Inc. for the Design and Installation of a streaming media systems and related services for the City of Denton, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That the City Manager is authorized to expend funds as required by the attached contract. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PSA 2458 - CONTRACTUAL FOR PROFESSIONAL SERVICES. ORDINANCE -2000 DESIGN/BUILD PURCHASE AND PROFESSIONAL SERVICES AGREEMENT FOR STREAMING MEDIA SYSTEM STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the day of , 2000, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "CITY" and Intellisys Group, Inc., a Delaware corporation, with its corporate office at 140 East Dana Street, Mountain View, CA 94041, hereinafter called "CONTRACTOR," acting herein, by and through their duly authorized representatives. WlTNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I DEFINITIONS A. Sofb,vare. The term "Software" shall mean the computer program in object code only and any user manuals. The term "Softzware" includes any correction bug fixes, enhancements, updates or other modifications, including custom modifications, to such computer program and user manuals. B. System. The term "System" shall mean all hardware and soRware provided to CITY by CONTRACTOR under the terms of this Contract. ARTICLE II EMPLOYMENT OF CONTRACTOR CITY hereby contracts with the CONTRACTOR, as an independent contractor, and the CONTRACTOR hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without limitation, CONTRACTOR's design, component selection, sale, assembly and installation of a streaming media system as further described herein. All services, hardware and software provided under the terms of this Contract are to conform in every respect to Article III. ARTICLE III SCOPE OF SERVICES CONTRACTOR shall perform the following services in a professional manner: CONTRACTOR shall perform all those services as necessary and as described in the following scope of services: Systems Implementation CONTRACTOR will provide a complete streaming media System, to include equipment and materials, submittals, testing, training and warranty. The System shall be designed such that a CITY employee receiving training provided by CONTRACTOR would be able to easily operate the System to perform all intended functions without major modification. Installation includes engineering, labor and hardware for display, audio, video, control systems and related equipment rack, equipment mounting, plates, panels, connectors, and cables, including: 2. Scope of Work: a. Installation of Analog Distribution and Source Switching System- The first order of business is to install a analog audio/video distribution and switching system and equipment rack in the City Council Chambers video control room. A single distribution amplifier will be inserted into the signal path directly in front of the existing Cable Television head end modulator. The signal will be distributed and routed back to the Cable TV head end as well as a new matrix switcher. The audio/visual matrix switcher will be the selection point for all sources that feed the encoding stations. Analog signals from up to 7 other sources may be routed through this switcher in the future (VTR, VHS, Beta, DVD, Other Live Feeds). If other analog audio/video sources (in addition to the existing Cable Television feed) are desirable and available for dedicated use within this single equipment rack space at time of installation, CONTRACTOR will provide connections from this additional equipment to the matrix switcher. This capability will be useful for routing audio/video sources (other than the live Cable TV feed) for encoding off line for storage and retrieval on demand. If additional sources or distribution equipment are purchased from CONTRACTOR for this purpose before installation commences, these sources will be incorporated into the system with no additional labor charges. b. Installation of Live Mpeg Streaming Center- A live MPEG streaming device will be installed in the same vertical rack space as the matrix switcher. The MPEG streaming device will take one of the analog audio/video outputs from the matrix switcher as an input signal. The MPEG encoding device will output an MPEG stream over a single 100T connection to be provided by customer. c. Installation of QuickTime Encoding Center- A live QuickTime Streaming Macintosh computer will be installed in the same vertical rack Agreement between City of Denton And Intetlisys Group - Page 2 of 16 space as the matrix switcher. The QuickTime streaming device will take one of the analog audio/video outputs from the matrix switcher as an input signal. The QuickTime device will output a QuickTime stream over a single 100T connection to be provided by customer. d. Installation of REAL G2 Encoding Center- ANT Server with REAL G2 encoding hardware and software will be installed in the same vertical rack space as the matrix switcher.' The REAL G2 streaming device will take one of the analog audio/video outputs from the matrix switcher as an input signal. The REAL G2 device will output a REAL G2 stream over a single 100T connection to be provided by customer. e. Installation of Monitor and Switching- A single rack mount' monitor and 2 keyboard/mouse trays will be provided for installation in the same rack space as the Encoding devices. The monitor will be capable of switching between the two computer sources. f. Installation of SGI Origin200 Server Hardware- One SGI Origin 200 server with 256mb of RAM, 2 processors and 100G of disk space will be installed in either the same rack as the matrix video switcher or rack space in computer server room to be supplied by customer. g. Installation of Media Base Software- Media Base software will be installed on the SGI Origin 200 server. The Media Base software will enable the capture of live digital video streams to file or distribution over enabled networks provided by customer. The platform will serve 100 simultaneous Intranet, Extranet, WAN, and LAN clients. Licensing for more client connections is available from CONTRACTOR at an additional charge at the time of installation without added installation costs. h. Installation REAL Server Software- REAL Video Server software will be installed on the SGI Origin 200 server. This 100 seat server license will enable G2 streams to be served from the SGI Media Base platform to 100 simultaneous client connections. i. Customer Training- The customer will be trained extensively by CONTRACTOR and its designated training resources on the SGI Origin. 200 platform, Media Base, G2 Encoding and REAL Server, QuickTime encoding and MPEG encoding machines. An advanced level of UNIX, Macintosh, NT and Networking proficiency will be assumed. Each device has its own personality and technical requirements. These issues will be addressed in the training. 3. Customer Assistance- CONTRACTOR will provide customization services to the Media Base platform. A single Graphic Logo of CITY's choosing will be added to the dynamic web pages of the Media Base platform to personalize the web pages for an Agreement between City of Denton And Intellisys Group - Page 3 of 16 Bo enhanced client experience. CONTRACTOR will provide CITY assistance in the development of a log file export routine. CITY will be responsible for any and all third party costs associated with the development of such a routine. CONTRACTOR shall perform all those services set forth in individual task orders which shall be attached to this Agreement and made a part hereof for all purposes as separate agreements. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the CITY and the CONTRACTOR, and upon issue of a notice to proceed by the CITY, and shall remain in force' for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the CITY. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. The CONTRACTOR shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the CITY, acting through its City Manager or his designate. ARTICLE V COMPENSATION A. COMPENSATION TERMS: BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONTRACTOR herein, the CITY agrees to pay, based on the costs copied below from CONTRACTOR's proposal, a total flat fee not to exceed $170,279. Schedule Of Values: Live RealNetworks G2 Streaming Center - Live MPEG Streaming Center - Expedited Analog Distribution System - 100 Seat Low Bit Rate Media Distribution Server, Web Server Catalog Center and Storage Solution - $9,498 10,257 4,300 89,898 *ProPlusTM Platinum 1 Year Onsite Maintenance - Live Quick Time Streaming Hardware - $19,234 $10,999 Installation - 26,093 System Total $170,279 Agreement between City of Denton And Intellisys Group - Page 4 of 16 Bo Partial payments to the CONTRACTOR will be made on the basis of detailed statements rendered to and approved by the CITY through its City Manager or his designate; however, under no circumstances shall any statement for services exceed the value of the work performed at the time a statement is rendered. The CITY may withhold the final ten percent (10%) of the contract amount until completion of the Project. Nothing contained in this Article shall require the CITY to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designate, or which is not submitted in compliance with the terms of this Agreement. The CITY shall not be required to make any payments to the CONTRACTOR when the CONTRACTOR is in default under this Agreement. It is specifically understood and agreed, that the CONTRACTOR shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the CITY for any charge, expense, or reimbursement above the maximum "not to exceed" fee as stated, without first having obtained written authorization bom the CITY. The CONTRACTOR shall not proceed to perform the services listed below in Subparagraph B as "Additional Services," without obtaining prior written authorization from the CITY. ADDITIONAL SERVICES: For additional services authorized in writing by CITY, CONTRACTOR shall be paid based on the Schedule of Charges at an hourly rates shown below. Payments for additional services shall be due and payable upon submission by the CONTRACTOR. Statements for additional services shall not be submitted more frequently than monthly. Labor rate quotations for basic and conditional additional services are based on standard working hours, Monday-Friday, 8am-5pm. Overtime charges are assessed as applicable. CONTRACTOR's labor rates will be invoiced within the following range: a. Project Director $125-$150/hour b. Project Designer $80-$100/hour c. Project Engineer $80-$100/hour d. Project Manager $50~$80/hour e. Project Technician $45-$70/hour f. Field Service Engineer $80-$100/hour g. Field Installation Technician $50-$70/hour This Agreement is based on CONTRACTOR's standard labor rates at the job site location for the Project for an eight (8) hour day, forty (40) hour week, or such shorter work period as may be established. If CITY orders, and authorizes in writing, overtime work, which requires premium pay (1-1/2x standard), Agreement between City of Denton And Intellisys Group - Page 5 of 16 CONTRACTOR shall be entitled to add such premium to the Contract Price, plus a fifteen percent (15%) cost for reasonable overhead and profit. ARTICLE VII LICENSE A. Grant of License. CONTRACTOR grants CITY (or, in the case of sof~vare created by third parties, transfers to CITY) pursuant to the terms and conditions of this Contract, a nonexclusive license to use all Software. ARTICLE VIII TESTING AND ACCEPTANCE A. At its sole option, CITY may elect to subject the System to a series of unit, System and final acceptance testing by CITY personnel prior to acceptance of the System. CITY shall be allowed a minimum thirty (30) day period for acceptance testing. Such acceptance tests shall be conducted in sim upon installation in order to determine whether System performs according to the functions, specifications and descriptions set forth in the proposal and Contract documents. Additionally, such testing may be conducted to ensure that: 1. System can be effectively utilized in CITY's .environment; operating business 3. current operating environment; 4. the System is capable of running on a variety of data without failure; and the various components of the System operate as specified; the System will be capable of functioning without any major impact on the 5. the System meets the runtimes required by CITY. B. CITY's Rights Upon Temfination After Failure of Warranty Process. Upon CITY's termination of this Contract after failure of the acceptance tests, CITY shall promptly return Software and Hardware to CONTRACTOR and shall have the right to receive prompt reimbursement of all payments made to CONTRACTOR under this Contract. ARTICLE IX TRAINING CONTRACTOR shall provide, during ( )-day training program at no charge to CITY at CITY's site for up to employees of CITY. Agreement between City of Denton And Intellisys Group - Page 6 of 16 ARTICLE X WARRANTIES A. Warranty of Title. CONTRACTOR warrants that it holds title and/or copyright to all Sof~ware and its associated MODULES licensed and delivered pursuant to this Contract, or in the event that any licenses to the Software are held by a third party, that a license sufficient to secure CITY's expected use of the Sol, are will be transferred to CITY. B. Application Sof~vare Warranty. CONTRACTOR warrants that its Software will perform free of defects that would prevent the System from operating in the manner described in the Contract documents and any other related user documentation for the version installed. This Warranty shall commence upon date of acceptance by CITY of the System. C. Year 2000 Warranty. CONTRACTOR warrants that each hardware, softzware, and firmware product delivered under this contract shall, as a system, be able to accurately process date data (including, but not limited tO, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries, including leap year calculations, when used in accordance with the product documentation provided by CONTRACTOR, provided that all other interfaces (e.g., hardware, software, firmware) used in combination with such product properly exchange date data with it. Notwithstanding any provision to the contrary, the remedies available to CITY under this warranty shall include repair or replacement of any CONTRACTOR-supplied product whose non-compliance is discovered and made known to 'CONTRACTOR in writing. Nothing in this warranty shall be construed to limit any rights or remedies CITY may otherwise have under the contract with respect to defects other than Year 2000 performance. C. Additional Warranties. Included within the flat fee compensation is one year of the Intellysis Group ProPlus enhanced warranty described below from CONTRACTOR's Proposal: This premium level maintenance agreement (one year) adds the following features to our standard Warranty coverage including: Unlimited service calls, guaranteed 24-hour on-site response (Monday- Friday) and two (2) hour telephone response time. Manufacturer's parts and labor warranties extended. Four (4) preventative maintenance calls per year. 15% discount offrepair and replacements parts. 20% discount off Intellisys Group rental equipment. Quarterly logbook repair and performance reports. Free Software Upgrades Agreement between City of Denton And Intellisys Group - Page 7 of 16 ARTICLE XI OBSERVATION AND REVIEW OF THE WORK CONTRACTOR shall exercise reasonable care and due diligence in discovering and promptly reporting to the CITY any defects or deficiencies in the work of CONTRACTOR or any subcontractors or subconsultants. ARTICLE XII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by CONTRACTOR (and CONTRACTOR's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of CITY upon the termination of this Agreement. CONTRACTOR is entitled to retain copies of all such documents. The documents prepared and furnished by CONTRACTOR are intended only to be applicable to this Project, and CITY's use of these documents in other projects shall be at CITY'S sole risk and expense. In the event CITY uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONTRACTOR is released from any and all liability relating to their use in that project. ARTICLE XIII INDEPENDENT CONTRACTOR CONTRACTOR covenants and agrees that it is an independent contractor and not an officer, agent, servant or employee of CITY; that CONTRACTOR shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons perforating same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondent superior shall not apply as between CITY and CONTRACTOR, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a parmership or joint enterprise between CITY and CONTRACTOR. ARTICLE XIV INDEMNITY AGREEMENT CONTRACTOR shall indemnify and save and hold harmless CITY and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses,. and expenses, including, but not limited to court costs and reasonable attorney fees incurred by CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONTRACTOR or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. CONTRACTOR shall indemnify, defend and hold harmless CITY from and against any claims, including reasonable legal fees and expenses, based upon infringement of any United States copyright trademark or patent by 'the Software or any other System component. CITY agrees to notify CONTRACTOR of any such claim promptly in writing. CITY agrees to Agreement between City of Denton And Intellisys Group - Page 8 of 16 cooperate fully with CONTRACTOR during such proceedings. CONTRACTOR shall defend and settle at its sole expenses all proceedings arising out of the foregoing. In the event of such infringement, CONTRACTOR may replace, in whole or in part, Software or any other System component with a substantially compatible and functionally equivalent product, or modify the Software or System component to avoid the infringement. Nothing in this Agreement shall be construed to create a liability to any person whois not a party to this Agreement, and nothing herein shall waive any 'of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE XV INSURANCE During the performance of the services under this Agreement, CONTRACTOR shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carders of at least an A- or above: Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. Co Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. CONTRACTOR shall furnish insurance certificates or insurance policies at the CITY's request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance. shall not be canceled or modified without thirty (30) days prior written notice to CITY and CONTRACTOR. In such event, the CONTRACTOR shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. CONTRACTOR hereby waives subrogation rights for loss or damage to the extent same are covered by insurance. Insurers shall have no right of recovery or subrogation against CITY, it being the intention that the insurance policies shall protect all parties to the Contract and be primary coverage, for all losses covered by the policies; Agreement between City of Denton And Intellisys Group - Page 9 of 16 Companies issuing the insurance policies and CONTRACTOR shall have no recourse against CITY for payment of any premiums or assessments for any deductible, as all such premiums and deductibles are the sole responsibility and risk of CONTRACTOR. Approval, disapproval or failure to act by CITY regarding any insurance supplied by CONTRACTOR (or any subcontractors) shall not relieve CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the Contract documents. Neither shall the insolvency or denial of liability by the insurance company exonerate CONTRACTOR from liability. ARTICLE XVI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of altemate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval. ARTICLE XVII TERMINATION OF AGREEMENT Notwithstanding any other provision of this Agreement, either party may temdnate by giving thirty (30) days advance written notice to the other party. CONTRACTOR and CITY herein recognize that the continuation of this Contract after the close of any given fiscal year of CITY, which fiscal year ends on September 30th of each year, shall be subject to Denton City Council approval and availability of funds. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such temfination will be effective unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to temdnation. If the Agreement is terminated prior to completion of the services to be provided. hereunder, CONTRACTOR shall immediately cease all services and shall render a final bill for services to the CITY within thirty (30) days after the date of temfination. Unless termination is for cause related to the action of CONTRACTOR, CITY shall pay CONTRACTOR for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination. Should the CITY subsequently contract with a new contractor for the continuation of services on the Project, CONTRACTOR shall cooperate in providing infmmation. The CONTRACTOR shall turn over all documents prepared or furnished by CONTRACTOR Agreement between City of Denton And Intellisys Group - Page 10 of 16 pursuant to this Agreement to the CITY on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE XVIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the CITY shall not constitute, nor be deemed a release of the responsibility and liability of the CONTRACTOR, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the CITY for any defect in the design or other work prepared by the CONTRACTOR, its employees, subcontractors, agents, and consultants. ARTICLE XIX NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days after mailing: To CONTRACTOR: To CITY: City of Denton City Manager 215 East McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. ARTICLE XX ENTIRE AGREEMENT Entire Agreement. This Contract embodies the complete agreement of the parties hereto and supersedes all prior or contemporaneous offers, promises, representations, negotiations,. discussions, communications, and agreements which may have been made in connection with the subject matter hereof and, except as otherwise provided herein, cannot be modified without written agreement of the parties. This contract supersedes all shrink-wrap and "click to accept" provisions otherwise provided by CONTRACTOR. ARTICLE XXI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of Agreement between City of Denton And Intellisys Group - Page I I of 16 this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE XXII COMPLIANCE WITH LAWS The CONTRACTOR shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE XXIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONTRACTOR shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or disability. ARTICLE XIV PERSONNEL Ao CONTRACTOR represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. CONTRACTOR shall inform the CITY of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. All services required hereunder will be performed by CONTRACTOR or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perfoan such services. ARTICLE XXV ASSIGNABILITY CONTRACTOR shall not assign or otherwise transfer any right or interest in this Contract, in the System, or any of components of the System, in whole or in part, to anyone, including any parent, subsidiaries, affiliated entities or third parties, or as part of the sale of any portion of its business, or pursuant to any merger, consolidation or reorganization, including by operation of law, without the other .party's prior written consent. ARTICLE XVI MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in' writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence Agreement between City of Denton And Intellisys Group - Page 12 of 16 in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE XVII MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: (NONE) CONTRACTOR agrees that CITY shall, until the expiration of three (3) years afier the final payment under this Agreement, have access to and the fight to examine any directly pertinent books, documents, papers, and records of the CONTRACTOR involving transactions relating to this Agreement. CONTRACTOR agrees that CITY shall have access during normal working hours to all necessary CONTRACTOR facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. CITY shall give CONTRACTOR reasonable advance notice of intended audits. Governing Law. This Contract is entered into subject to the Denton City Charter and ordinances of CITY, as they may be amended fi.om time to time, and is subject to and is to be construed, governed and enforced under all applicable State of Texas and federal laws. If legal action is necessary to enfome this Contract, venue shall lie exclusively in the courts of Denton County, Texas. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Terrell Coble and Eric Bailey. However, nothing herein shall limit CONTRACTOR from using other qualified and competent members of its firm to perform the services required herein. CONTRACTOR shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONTRACTOR shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carded on by the CITY. The CITY shall assist the CONTRACTOR by placing at the CONTRACTOR's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONTRACTOR to enter in or upon public and private property as required for the CONTRACTOR to perform services under this Agreement. The captions of this Agreement are for infmmational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. Agreement between City of Denton And Intellisys Group - Page 13 of 16 Ho Force Majeure. Neither party shall be in default or otherwise liable for any delay in or failure of its perfoimance under this Contract if such delay or failure arises by any reason beyond its reasonable control, including any act of God, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots or failures or delay in transportation or communications. The parties will promptly inform and consult with each other as to any of the above causes, which in their judgment may or could be the cause of a delay in the performance of this Contract. I. Remedies. No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy herein by law or equity provided or permitted; but each shall be cumulative or every fight or remedy given hereunder. No covenant or condition of this Contract may be waived without consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Contract. J. Read and Understood. Each party acknowledges that it has read and understands this Contract and agrees to be bound by its terms. ~ K. Construction of Contract. Both parties have participated fully in the review and revision of this Contract. Any rule of construction to the effect that ambiguities are to .be resolved against the drafting party shall not apply to the interpretation of this Contract. IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONTRACTOR has executed this Agreement through its duly authorized undersigned officer on this the day of ,2000. CITY OF DENTON, TEXAS MICHAEL W. JEZ, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Agreement between City of Denton And Intellisys Group - Page 14 of 16 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY CONT~OR .// WITNESS: BY: THE STATE OF TEXAS § COUNTY OF DENTON § Acknowledgment BEFORE ME, the undersie2ed authority, a Notary Public in and for the State of Texas, on this day personally appeared~ ~ta,~en~/~known to me to be the person ~d officer whose nme is subscribed to the foregoi~ inst~ent,~d a~gw~dged t¢ me that he executed s~e for and as the act ~d deed of~lo~ ~ff of ~P~ll ~5~ ~m~d as thereof, ~d for the pu~oses ~d consideration therein expressed ~d in the capaciW therein expressed. GIVEN ~DER MY HAND AND SEAL OF OFFICE on this the ~day of Not~ Public, 8t0te of Tex~ Notaw's Printed Nme My Commission Expires: /0 -- Z I -" ~ t THE STATE OF TEXAS § COUNTY OF DENTON § City Acknowledgment BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared MICHAEL W. JEZ, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of the CITY OF DENTON, TEXAS, a municipal corporation of the State of Texas, Denton County, Texas, and as the City Manager thereof, and for the purposes and consideration therein expressed and in the capacity therein expressed. of GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ,2000. day My Commission Expires: Notary Public, State of Texas Notary's Printed Name AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET January 18, 2000 Materials Management Agenda No,_ ~,gendaltem~ . ~ Questions concermng this acquisition may be directed to Linda Ratliff 349-8303 Kathy DuBose, Fiscal and Municipal Services SUBJECT: An Ordinance accepting competitive bids and awarding a contract for the lease of office space; providing for the expenditure of funds therefor; and providing an effective date (Bid 2443 - Lease of Office Space awarded to D.D. Martino Realty in the amount of $18,360 per year). BACKGROUND: (See attached Tabulation Sheet) RECOMMENDATION: We recommend this bid be awarded to the sole respondent, D.D. Martino Realty, in the amount of $1,530 per month or $18,360 per year. SCHEDULE OF PROJECT: Main Street Program is currently occupying this office space. FISCAL INFORMATION: The rental payments for this office space will come from 1999/2000 budget fund account (100- 050-0016-8518). BID INFORMATION: This bid is for the annual lease of approximately 1,500 square feet of office space to be occupied by the Main Street Program. The office is located at 100 North Locust, Suite 2, Denton, TX 76201. The office suite consists of a main office area, conference rooms, restroom facilities, two individual offices, break room and storage areas. It is located on the square and is ADA accessible. The contract period is for one year with option to renew. Respectfully, subn~d: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1322.AGENDA ATTACHMENT 1 TABULATION SHEET Bid # 2443 LEASE OF OFFICE SPACE Date: 12-16-99 No. Qt7. DESCRIPTION VENDOR 12 mo Lease of Office Space $18,360.00 1 ORDINANCE NO. __ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE LEASE OF OFFICE SPACE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2443 - LEASE OF OFFICE SPACE AWARDED TO D.D. MARTINO REALTY IN THE AMOUNT OF $18,360 PER YEAR). wHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for mated'als, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO 2443 ALL VENDOR D.D. MARTINO REALTY AMOUNT $18,360 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items' and of the submitted bids wish to enter into a fore,al written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant, thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2443 SUPPLY. ORDINANCE-I-2000 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET January 18, 2000 Materials Management Aoenda No .... Agenda Item Questions concerning this acquisition may be directed to Howard Martin 349-8232 Kathy DuBose, Fiscal and Municipal Services~ SUBJECT: An Ordinance accepting competitive bids and awarding a contract for the purchase of tables and chairs; providing for the expenditure of funds therefor; and providing an effective date (Bid 2427 - Tables and Chairs for Service Center awarded to BKM Total Office of Texas in the mount of $19,670.76). BACKGROUND: (See attached Tabulation Sheet) RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, BKM Total Office of Texas, in .the amount of $19,670.76. ESTIMATED SCHEDULE OF PROJECT: This furniture will be delivered in phases as areas of the Service Center are renovated. The first delivery is scheduled for the middle of February 2000 with the last delivery estimated to be April 2000. PRIOR ACTION/REVIEW: The Public Utility Board considered this acquisition and recommended approval on January 3, 2000. FISCAL INFORMATION: Funding for the purchase of this furniture is available from FY 1999 Service Center Renovation account (457-032-SVCT-0012-9101). BID INFORMATION: This bid is for the purchase of 53 office chairs, 30 office side chairs, 30 training room chairs, 15 rolling chairs for the training room, and 19 training room tables. The old usable items will be utilized in other areas or sold at auction. Agenda Information Sheet January 18, 2000 Page 2 Attachment 1: Tabulation Sheet 13 21 .AGENDA Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent ATTACHMENT 1 ORDINANCE NO. __ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TABLES AND CHAIRS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2427 - TABLES AND CHAIRS FOR SERVICE CENTER AWARDED TO BKM TOTAL OFFICE OF TEXAS IN THE AMOUNT OF $19,670.76). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recomn~nded that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT BKM Total Office of Texas 2427 ALL $19,670.76 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accord_ance with the temis, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION llI. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. .SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2000. JACK MII,LER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2427 SUPPLY. ORDINANCE 20'00 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET Aoenda No. Agenda Item pate January 18, 2000 Materials Management Questions concerning this acquisition may be directed to Sharon Mays 349-8487 Kathy DuBose, Fiscal and Municipal Services SUBJECT: An Ordinance accepting competitive bids and awarding a contract for the purchase of padmounted and overhead capacitors; providing for the expenditure of funds therefor; and providing an effective date (Bid 2446 - CapaCitors awarded as listed below in the amount of $60,385). BACKGROUND:. (See attached Tabulation Sheet) RECOMMENDATION: We recommend this bid be awarded to the lowest bidder for each item: 'Item Description Supplier Price Qty. Total 1 Padmounted Capacitor S & C Electric $10,600 ea. 1 $I0,600 2 Overhead Capacitors Wesco $ 3,319 ea. 15 $49,785 Total Award $60,385 ESTIMATED SCHEDULE OF PROJECT: Item 1 can be shipped in 22 weeks or approximately the last week of June 2000 Item 2 can be shipped in 10 weeks or approximately the last week of March 2000 FISCAL INFORMATION: Funding for this purchase of capacitors will come from the following accounts: 1999/2000 budget account (610-103-1031-3650-9219-C055201R) 1998 Revenue Bond account (653-080-RB98-3670-9221-CO55401B) $49,785 $10,600 $60,385 Agenda Information Sheet January 18, 2000 Page 2 BID INFORMATION: This bid is for the purchase of padmounted and overhead electric capacitors to be utilized in the maintenance and new construction of the Electric Distribution System. Respectfully submitted: Attachment 1: Tabulation Sheet 1317.AGENDA Tom Shaw, C.P.M., 349-7100 Purchasing Agent ATTACHMENT 1 = ~ ~ Z Z ~ o o ~ E m m m m ~ E z z z z > 0 ~ ~ Z Z = z Z ~ ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF PADMOUNTED AND OVERHEAD CAPACITORS; PROVIDING FOR TH~ EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2446 - CAPACITORS AWARDED AS LISTED BELOW IN THE AMOUNT OF $60,385). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 2446 1 S & C Electric $10,600 2446 2 Wesco $49,785 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items' and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract i~ in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2446 SUPPLY. ORDINANCE 2000 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET January 18, 2000 Materials Management A0enda No. /~7~/-/ ~,oendaoate Item//~7~~ Questions concerning this acquisition may be directed to Sharon Mays 349-$4/7 Kathy DuBose, Fiscal and Municipal Services~ SUBJECT: An Ordinance accepting competitive bids and awarding an annual contract for the purchase of electrical switchgear; providing for the expenditure of funds therefor; and providing an effective date (Bid 2447 - S & C Vista Switchgear annual contract awarded to Wesco in the not to exceed amount of $130,000). BACKGROUND.' (See attached Tabulation Sheet) RECOMMENDATION: We recommend this annual contract be awarded to the lowest bidder, Wesco, as listed: Item 1 Vista Switchgear (523) Wesco $26,500 each Item 2 Vista Switchgear (624) Wesco $30,150 each Item 3 F2 Viewing Window Wesco $ 330 each ESTIMATED SCHEDULE OF PROJECT: The listed Vista Switchgear can be shipped in approximately 84 days after receipt of an order. FISCAL INFORMATION: The item listed will be purchased on an as needed basis and charged to the appropriate account at that time. BID INFORMATION: This bid is for an annual contract to supply S & C Switchgear on an as needed basis. These 600 amp, 15 KV Switchgear assemblies will be utilized in the maintenance and construction of the, Electric Distribution System. Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1318.AGENDA ATTACHMENT 1 TABULATION SHEET Bid # 2447 Date: 12-21-99 S&C VISTA SWlTCHGEAR ANNUAL CONTRACT No. Qty. DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 1 S&C VISTA SWITCHGEAR MODEL 523, CAT #935232- $26,500 $26,750 $27,598 $27,310 $26,748 $26,480 1 EA P6M3R3 PRICES TO BE HELD Yes Yes Yes Yes Yes (YES/NO) S&C VISTA SWlTCHGEAR 1 MODEL 623, CAT #936242- $30,150 $31,530 $32,528 $32,190 $31,524 $31,210 2 EA P6M3R3 PRICES TO BE HELD Yes Yes Yes Yes Yes (YES/NO) 1 F20TIONS $330.00 $320.00 $340.20 $335.00 $320.00 $330.00 3' EA 84-90 84 Days 84 Days 84 Days DELIVERY 84 Days 85 Days Days ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF ELECTRICAL SWITCHGEAR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2447 - S & C VISTA SWITCHGEAR ANNUAL CONTRACT AWARDED TO WESCO IN THE NOT TO EXCEED AMOUNT OF $130,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipmem, supplies, or services, shown in the "Bid Propo~Is" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 2447 ALL WESCO $130,000 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid. Proposals, and related documents. SECTION m. That should the City and persons submitting approved and accepted items and of the submitted bids wish to emer into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, th~ City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pllrsuartt to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2447 SUPPLY. ORDINANCE 2000 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: January 18, 2000 Materials Management Questions concerning this acquisition may be directed to Tom Shaw 348-7100 Kathy DuBose, Fiscal and Municipal Services~ SUBJECT: An Ordinance accepting competitive bids and awarding an annual contract for the purchase of trucking services; providing for the expenditure of funds therefor; and providing an effective date (Bid 2450 - Trucking Services awarded as listed). BACKGROUND: (See attached Tabulation Sheet) RECOMMENDATION: We recommend this bid be awarded to the lowest bidder as listed: ITEM DESCRIPTION SUPPLIER PRICE PER HOUR 1 Truck & Trailer (Multiple) JTM Materials $55.00 lA Truck Trailer (Single Unit) Sanchez Trucking $55.00 2 Tandem Truck Jagoe Public Co $33.50 Item 1 will be utilized when more than one track is required Item lA will be utilized when one truck is sufficient for the project ESTIMATED SCHEDULE OF PROJECT: Each contractor agrees to supply trucks, trailers, and drivers within 24 hours of notification. FISCAL INFORMATION: This bid will be utilized by several divisions of the City on an as needed basis and charged to the appropriate account at that time. Agenda Information Sheet January 18, 2000 Page 1 BID INFORMATION: This bid is for an annual contract renewable for two additional one-year periods to supply trucking services to the City of Denton. These contractors will be utilized to haul spoil materials, concrete, asphalt, gravel, and other materials as needed to assist our City fleet. Attachment 1: Tabulation Sheet 1319,AGENDA Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent ATTACHMENT 1 TABULATION SHEET Bid 2450 Date: 12/30/99 TRUCKING SERVICES No. I DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR iiii iiiii JTM Sanchez LH Chaney Frank Bartel Jagoe MATERIALS Trucking ' Per Hour, Truck/Trailer $55.00 $55.00 $58.50 *$65.00 $57.75 1 Per Hour, Tandem $37.00 $35.00 $38.00 *$40.00 $33.50 2 * 3 Hr Min. ORDINANCE NO. __ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF TRUCKING SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2450 - TRUCKING SERVICES AWARDED AS LISTED). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 2450 1 JTM Materials Exhibit "A" 2450 1A Sanchez Trucking Exhibit "A" 2450 2 Jagoe Public Co. Exhibit "A" SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms,' specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2450 SUPPLY. ORDINANCE- 1-2000 EXHIBIT "A" ITEM DESCRIPTION SUPPLIER PRICE PER HOUR 1 Truck & Trailer (Multiple) JTM Materials $55.00 lA Track Trailer (Single Uni0 Sanchez Trucking $55.00 2 Tandem Track Jagoe Public Co. $33.50 AGENDA INFORMATION SHEET Agenda No.' Ag-snda Item Date AGENDA DATE: DEPARTMENT: CM/DCM/ACM: January 18, 2000 Planning Department ~ / Dave Hill, 349-8314~ SUBJECT - Z-99-087:(PD-9 General Concept Plan) Hold a public hearing and consider approving an amended Concept Plan for approximately 13.6 acres located between Mulkey and Audra Streets north of Paisley. The property is located in the Planned Development 9 (PD-9) zoning district. The proposal is to construct a D.I.S.D. education facility. The Planning and Zoning Commission recommends approval (5-0). BACKGROUND Denton Independent School District has requested to amend the existing Concept Plan for PD-9 so as to allow development of an early childhood development center. The facility as proposed will serve 250 students, but could be expanded to serve a maximum of 300 students in necessary. The subject property is located in the Planned Development 9 (PD-9) zoning district, created in 1970 under Ordinance 70-52. The existing Concept Plan for PD-9 sets the subject property aside for multifamily and neighborhood service uses. The site falls within an "Existing Neighborhoods/Infill Compatibility" area of the 1999 Denton Comprehensive Plan. Seventy-three (73) property owners were notified of the zoning request. Six (6) responses have been received; two (2) are in favor, two (2) are opposed and four (4) are neutral to the request (see Attachment 3). PRIOR ACTION/REVIEW The following is a chronology ofZ-99-087, commonly known as PD-9 General Concept Plan: Application Date- October 26, 1999 DRC Date(s) - November 4, 1999 P&Z Date - December 15, 1999 ESTIMATED PROJECT SCHEDULE A preliminary plat for the subject property was approved by the Planning and Zoning Commission on December 1, 1999. A Detailed Plan for the subject property is currently being considered by the Planning and Zoning Commission and will need to be approved by City Council before a final plat for the property can be considered. A final plat will need to be submitted and approved before development of the property can begin. FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibility of the city. As a form of infill development, no extension of public infrastructure is necessary to service this site. P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval (5-0) of this zoning request. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. ATTACHMENTS 1. Planning and Zoning Commission Report, December 15, 1999, Z-99-087. 2. Planning and Zoning Commission minutes from December 15, 1999. 3. Draft Ordinance. Prepared by: Thomas B.~rGray Planner I Respectfully submitted: Doug~Pow 11 ~'~[t Director of Planning and Development ATTACHMENT 1 PLANNING AND ZONING COMMISSION STAFF REPORT Subject: PD-9 Concept Plan Staff: Thomas B. Gray Case Number: Z-99-087 Aqenda Date: December 15, 1999 Hold a public hearing and consider recommending approval to City Council an amended Concept Plan for approximately 15 acres located between Mulkey and Audra Streets north of Paisley. A D.I.S.D. education facility is proposed. Location: Size: LOCATION MAP Between Mulkey and Audra Streets north of Paisley in east central Denton Approximately 15 acres. PD-9 Concepl: Plan Applicant: Burke Engineering Owner: 504 Academy Drive Austin, TX 78704 Denton Independent School District 230 N. Mayhill Road Denton, Texas 76208 Planned development zoning districts (PD) are intended to provide for the development of land as an integral unit for single or mixed use in accordance with a plan that may vary from the established regulations of other zoning districts for similar land uses. They are also meant to encourage flexible and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community, and to provide for a development that is superior to what could be accomplished in other zoning districts by meeting one or more of the following purposes: (1) Provides for the design of lots or building; increased recreation, common or open space for private or public use; berms, greenbelts, trees, shrubs or other landscaping features; parking areas, street design or access; or other development plans, amenities or features that would be of special benefit to the property users or community; (2) Protects or preserves topographical features, such as trees, creeks, ponds, floodplains, slopes or hills; or (3) Protects or preserves existing historical buildings, structures, features or places. There are three (3) types of plans that may be used in the planned development process; concept plan, development plan and detailed plan. DEVELOPMENT PLAN - This plan is intended to be used most often as a second step in the PD process. It includes the same information that is provided on the concept plan, plus details · as to the specific land uses and their boundaries. DETAILED PLAN - This plan is the final step in the process and is required prior to any development. For smaller tracts or where final development plans are otherwise known prior to rezoning, the detailed plan may be used to establish the district and be the only required plan in the planned development process. It will contain information specific to the site. All detailed plans should be in substantial compliance with landscape, sign, subdivision and other regulations of the Code of Ordinances. When concessions from these regulations are requested by a developer, there needs to be corresponding benefits that merit deviation from those regulations. Concept Plan The developer is requesting an amendment to the current Concept Plan for PD-9 that will allow the construction of an early childhood development center for D.I.S.D. This facility as proposed will serve 250 students. If necessary, the facility could be expanded to serve a maximum of 300 students. The existing Concept Plan for PD-9 sets the subject property aside for multifamily and neighborhood service uses. (see enclosure 5) The subject property is located in a predominantly residential area and is surrounded by single family homes and duplexes. (see enclosure 2) The school site will include this property as well as some property zoned 2F directly to the south of the PD. The northernmost 3.67 acres of the Concept Plan is occupied by Fairoaks Retirement Community. This property has already been platted and is under development. No change in its use is proposed. It is included in the Concept Plan simply because it is included in the original Concept Plan for PD-9. This report will primarily address the 12 acres intended to be rezoned for school use. 1. Transportation A. Trip generation Although this facility is not technically an elementary school, it is a facility for small children and staff expects it to have the same traffic impact as an elementary school of similar size. According to data provided in the Institute of Traffic Engineers' 1991 Trip Generation manual, an elementary school generates an average of 1.09 trips per student. The proposed development would generate approximately 273 trips per day if built out for 250 students and approximately 327 trips per day if built out for 300 students. The traffic generated by this school facility is significantly less than the amount of traffic that could be generated by the multifamily and retail uses currently allowed on the site. B. Access Access to the school will be provided to Mulkey and Audra Lanes. C. Road Capacity Mulkey Lane is identified as a local street by the 1998 Denton Mobility Plan. This street is designed to be a two (2) lane undivided street without parking, providing two (2) lanes of through traffic. As such, its designed traffic capacity allows for a tolerable traffic flow of up to 9,100 trips per day. Mulkey is currently constructed with four (4) lanes with parking. There are no traffic counts available for this section of Mulkey Lane. Audra is identified as a secondary major arterial road by the 1998 Denton Mobility Plan. This road PDt9 Concept Ptan ge is designed to be a four (4) lane undivided street without parking, providing four (4) lanes of through traffic. As such, its designed traffic capacity allows for a tolerable traffic flow of up to 14,900 trips per day. Audra is currently constructed with two (2) lanes with parking. The most recent traffic counts for Audra indicate that thera is adequate capacity to handle the calculated trips that could be generated by the proposed development. A traffic count on Audra just north of McKinney indicated a traffic volume of 4954 trips per day. A traffic count on Audra north of Lattimore indicated a traffic volume of 3024 trips per day. There is enough excess capacity to handle the number of new trips expected to be generated by this educational facility. D. Pedestrian Linkages Sidewalks along all public streets are required. Sidewalks to building entrances on the interior of the property are required by Texas Accessiblity Standards (TAS). Utilities This site has access to existing water and sanitary sewer lines. New fire hydrants will be installed in and around this property at the time of development. (see Enclosure 3) Drainage and Topography A detention pond is proposed to be placed on the area zoned 2F directly to the south of this PD. As a result, a long-standing drainage problem in the neighborhood will be alleviated. 4. Signs As per the sign ordinance. Off-Street Parking New development must provide parking according to the regulations of Chapter 35 (35-301) of the Code of Ordinances. Landscaping This property will have to comply with the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). Open Space and Recreational Areas Nonresidential development s not required to participate in park dedication requirements. A playground will be provided on-site for the use of the students. 8. Lighting No restrictions. 9. Environmental Quality impacts None anticipated. PD-9 Concept Pi~n January 14, 1969 - The subject property was placed in thee One-Family Dwelling (SF-7) zoning district and land use classification by Ordinance 69-01 which adopted the first zoning ordinance and map for the City of Denton. December 8, 1970 - A Concept Plan for the subject property was approved by Ordinance 70-52. This created the PD-9 zoning district. (see enclosure 5) March 17, 1998 - A Detailed Plan for the development of the Fairoaks Retirement Community on the north end of the subject property was approved by Ordinance 98-074. A preliminary plat for the subject property was approved on December 1, 1999. A final plat will need to be submitted and approved before development of the property can begin. Notice of the zoning request was published in the Denton Record-Chronicle on December5, 1999. Seventy-Three (73) property owners within two hundred feet were mailed legal notices and Two hundred sixty-two (262) residents within five hundred feet were sent courtesy notices informing them of the request (see Enclosure 4). As of this writing, there has been one (1) response in favor of the request. A neighborhood meeting was held on the evening of Thursday, December 9 at Lee Elementary (see Enclosures 6 and 7). This development is consistent with the "Neighborhood Centers" land use district designated for this area by the 1999 Denton Comprehensive Plan, and will have less impact on the existing neighborhood than the multifamily and retail uses currently permitted for this area under the existing PD Concept Plan. Therefore, staff recommends approval of Z-99-087. I move to recommend approval of Z-99-087. 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. PDt9 Concept 4. Postpone consideration. 5. Table item. 1. Concept Plan 2. Zoning Map 3. Utility Map 4. 200'-500' Notification Map 5. Existing Concept Plan for PD-9 6. Sign-In Sheet from December 9 Neighborhood Meeting 7. List of Citizen Comments from December 9 Neighborhood Meeting PD-9 Concept Pian ENCLOSURE 1 x / /? ./ / ENCLOSURE 2 Z-99-087 (PD-9 Concept Plan) NORTH ZONING MAP Agenda Date: December 15, 1999 Scale: None 10. ENCLOSURE 3 Z-99-087 (PD-9 Concept Plan) NORTH UTILITIES MAP Hydrants Water Line (W. L.) Sewer Line (S. L.) Agenda Date: December 15, 1999 Scale: None 11. ENCLOSURE 4 Z-99-087 (PD-9 Concept Plan) NORTH 200'-500' NOTICE MAP 200' Legal Notices sent via Certified Mail: 73 500' Courtesy Notices sent via 1st Class Mail: 262 Number of responses to 200' Legal Notice · Opposed: 2 · In Favor: 2 · Neutral:4 Percent of land within 200' in opposition: <1% Agenda Date: December 15,1999 Scale: None 12. ENCLOSURE 5 13. ILOS !RE 6 ~ 14. ENCLOSURE 7 Z-99-087 and Z-99-088:PD-9 Concept and Detailed Plan Citizens' comments from neighborhood meeting held December 9, 1999 Traffic - Related Concerns · What is this going to do to do traffic? * The city needs to do a traffic study along Mulkey. · Mukley is a busy street and people speed along it. " · Is there any way the city can provide traffic controls such as speed bumps or stop signs? · We're very concerned about the intersections of Oaktree & Mulkey, Meadow Oak & Mulkey, Mack Place & Audra. · Is there any chance the city could implement a school zone along Mulkey and Audra? · The police aren't enforcing the traffic speed limits. · We're happy about the school, but the traffic is going to kill us; we want assurances that the extra traffic won't destroy our neighborhood. · Why is one the entrances along Audra placed directly across from Mack Place? That's a difficult intersection to get through in the morning. · l'm going to have a problem getting out of Mack Place onto Audra if that entrance is built across from me. · People are going to get lost and drive into the school entrances if they're built across from streets. · Morning traffic is going to be an extreme concern for us. · I'm going to put my house on the market because I'm just not going to be able to deal with the traffic. Drainage Concerns · I live right next to the proposed detention pond. I'm worried about drainage. · Does the city spray for mosquitoes? The pond might be a breeding ground for mosquitoes. · What about kids falling into the drainage facility? Other Concerns · What about animal control for the animals that are nm off the lot? If these animals are caught, will they be treated humanely? · What is this going to do to property values? 15. Planning and Zoning Commission Minutes December 15, 1999 Page 2 of 5 ATTACHMENT 2 PUBLIC HEARING - REPLATS Hold a public hearing and consider approval of the Preliminary and Final Replats of Lots 1 and 2, Block 1, of the Denton Cancer Center, being a replat of a portion of Block 8 of Wimbleton Village, Phase III. The 4.701 acre site is located at the southeast corner of 1- 35E and State School Road..The'property is in Office Conditioned (O[c]) and Commercial Conditioned (C[c]) zoning districts. Purpose of the plat is to develop a cancer treatment center and expand an auto dealership. (PR-99-143 and FR-99-138, Denton Cancer Center, Thomas B. Gray) *Discussion of item is included in Court Reporter's transcript attached to this set of minutes (Page 1). PUBLIC HEARING - AMENDING EXISTING ORDINANCE Hold a public hearing and consider making a recommendation to City Council to amend Section 1(5, 8 and 13) of Ordinance No. 96-187. The applicant has requested an amendment to the ordinance to allow the removal of a 15 foot bufferyard, relief from maintaining trees greater than 2 inches in caliper and erecting an 8' tall fence along the southern property line that abuts the Office Conditioned O(c) zoning district, the bufferyard, tree and screening requirements abutting the residential zoning district will not be removed. (Z-99-071, 2446 Lillian Miller Parkway, Larry Reichhart) Motion by Elizabeth Gourdie and seconded by Salty Rishel to continue to next meeting. *Discussion of item is included in Court Reporter's transcript attached to this set of minutes (Page 13). Motion carries 5-0. PUBLIC HEARING - ANNEXATION Hold a public hearing and consider making a recommendation to the City Council concerning the annexation of approximately 24 acres located at the southwest corner of Silver Dome and Cooper Creek Roads in the extraterritorial jurisdiction of the City of Denton, Texas. (A-96, Silver Dome at Cooper Creek, Thomas B. Gray) Motion by Salty Rishel and seconded by Perry McNeill to recommend approval to City Council. *Discussion of item is included in Court Reporter's transcript attached to this set of minutes (Page 18). PUBLIC HEARING - ZONING Hold a public hearing and consider recommending approval to City Council an amended Concept Plan for approximately 15.8 acres located between Mulkey and Audra Streets north of Paisley. The property is legally described as 15.831 Acres in the J. Brock Survey, Abstract #55, in the City of Denton, Denton County, Texas. It is located in the Planned Development 9 (PD-9) zoning district. The proposal is to construct a D.I.S.D. education fa=ility. (Z-9O-OO7, PD-9 Cam;opt Plan, Thomao D. (~ray) Motion by Salty Rishel and seconded by Perry McNeill to recommend approval to City Council. *Discussion of item is included in Court Reporter's transcript attached to this set of minutes (Page 21). Motion carries 5-0. 16 CondonsoltTM 5 6 7 8 9 10 11 12 13 l~ 4 5 1 2 3 4 motion. A-96. MR. RISHEL: I ¥ MR. ENOELBRECHT: MR. RISHEL: l'd tpproval. Page 21 At this time, we'll move into our public hearings regarding zoning cases which has been depleted 16 considerably this evening. No. 7 is to hold a public 17 heating and consider recommending approval - consider 18 making a recommendation to the City Council of an mended 19 concept plan for approximately 15.8 acres located between 20 Mulkey and Au(ha Streets north of Paisley. Tho property 21 is legally described as 15.831 acres in tho $. Brock 22 Survey, Abstract #55 in the City of Denton, Denton County, 23 Texas. It's located in Planned Development District No. 24 9. Th~ proposal is to construct Denton Independent School 25 District education facility. At this time, I'll open the Page 22 1 public hearing and ask Mr. Gray for staff report. 2 MR. GRAY: Thank you. This is more or less a 3 good neighbor-type of operation from Denton Independent 4 School District. Being a separate government entity, 5 technically, they don't have to go through our zoning 6 regulations in order to build a school site. But in this 7 case, Denton Independent School District opted to 8 cooperate with the C!ty. This case, we have an area which 9 is currently part of PD-9. It's located on the near 10 northeast side of town between Audra and Mulkey. There is 11 an cxisting eD for that site, and I think I have a copy of 12 it here that PII show you. 13 What can currently be done with the Pr> 14 according to thc existing plan is a multi-family within 15 thc middle of the site here and then neighborhood service, 16 grocery-type uses along Audra Lane. In addition, the 17 school site will also occupy a strip of property zoned 2-F 18 down berc that's not part of the zoning at-hand. But just 19 for information purposes, this school site will occupy 20 that property, as well. I've got a copy of the concept 21 plan r¥~ht here. The school is to be located in the 22 middle of the site here. Access will be provided through 23 two loops. One loop which comes off of Mulkey. The othe 24 loop which -- well, one comes off of Audm, the other 25 comes off of Mulkey. And the other pertinent information -: Page 23 I here before I go over to DISD. 2 They held a rteighb_qrhood meeting on the 3 evening et-December 9th. Right before the Commission 4 began, I passed out some supplemental information. It 5 contains a sign-in sheet from the neighborhood meeting, 6 comments from the neighborhood meeting. Also, I included 7 all of the 200-foot owner responses I received to-date. I 8 think I have something like two in favor, four that were 9 neutral, and two that were opposed. And included, as 10 well, was a revised concept plan. On the original concept 11 plan, there was a small error concerning the acreage and 12 property line. That was corrected and is in your packet 13 both in reduced and large scale -- or full scale form. 14 I'll be happy to answer any questions. 15 MR. ENGELBRECHT: Commissioners, any 16 questions? Ms. Gourdle. 17 MS. COUP, DIE: Yes, please. Mr. Gray, do you 18 have any idea when this is supposed to begin building? 19 MR. GRAY: I would have to defer that question 20 to the DISD representative that is here this evening. 21 MS. COUP, DIE: okay. And, also, do you know if 22 the roads will be taken care of at that time, too? I 23 guess a lot of these were concerned about traffic. 24 MR. GRAY: we had a -- I think most of the 25 neighborhoOd concerns had to do with traffic, especially Page 24 1 traffic along Mulkey. Right now, Muikey is a local road 2 but it's a very wide street. And usually when you have 3 cases like that, often times motorists feel -- they feel 4 more comfortable driving at a higher speed simply because 5 this road is wide enough to land an airplane on. And so 6 some neighborhood residents had some concerns about the 7 traffic and were wondering if some sort of traffic 8 controls could be installed along Mulkey as part of this 9 project. 10 I did speak with Jerry Clark, our 11 transportation engineer. He is -- unfortunately, he's not 12 here right now. But we did talk about transportation 13 controls, perhaps a speed bump along a crosswalk here, 14 perhaps along Oak Tree or Meadow OakJ Stop signs are 15 another option. They might be a little bit less desirable 16 in terms of traffic engineering, but that's another 17 option. Some neighborhood residents wondered if we could 18 put a school zone along Mulkey and Audra. 19 The Engineering Department is apparently 20 hesitant to do that simply because this is not a typical :ll elementary school. It's actually for -- it's SUl~posed to 22 replace, I believe, the Sullivan-Keller Center, which is a 23 little bit further to the south. The students attending 24 this school will be three, four, five, six years old. 25 They generally will not be walking to school. They'll be PLANNING AND ZONINO COMMISSION DECEMBER 15, 1999 17. Page 21 - Page 24 CondonsoltTM . 1 2 3 4 5 6 8 ~0 11 12 13 14 15 16 17 18 2O 21 22 23 24 25 Page 25 either coming to school either by bus, mostly by parent. 1 And with that in mind that there won't be as much 2 pedestrian traffic here, the Engineering Department was a3 little bit hesitant to put a school zone in. But 4 certainly those issues can be discussed. 5 MS. GOURDIE: Thank you. 6 MR. ENGELBm~C~T: /dl right. Commissioners, 7 any other questions.'? I understand that there's to be a 8 detention pond on this facility. 9 MR. GRAY: Yes. 10 MR. ENGELBRECHT: On the southern -- 11 MR. GRAY: See that right there. The 12 detention pond, it's not actually being built within the 13 area bounded by the PD but it will be built in the 2-F 14 zoned area that is also part of this property and it will15 be built as part of this development. The detention pond,16 it's just a rainwater detention pond that will catch rainwater runoff during a storm. But it's not a retention pond. After the storm is over, that water will go away. MR. ENGELBRECHT: Right. I know that there have been complaints registered with regard to water, particularly to the west of this site. And I wonder if Engineering could comment on whether that will, in any way, relieve some of those problems. MR. GRAY: Okay. I will defer this to Mr. Page 26 1 Hoelting. 2 MR. HOELTING: Maybe I can point this out to 3 you. Ctm'ently, drainage off this vacant piece of 4 property drains -- there's an existing channel flume that 5 comes down between this existing neighborhood. As per om 6 ordinance, they have submitted a drainage study. Anytime 7 we have an increase in flow over existing conditions, they 8 either have to make '.l;rnprovements downstream, get off-site 9 letter permission for the increases, or provide detention. 10 We don't require the developer to go and fix 11 existing drainage problems. They just cannot add to the 12 drainage problem. So by providing the detention 13 ordinance, they are meeting our Subdivision Rules and 14 Regulations by not increasing above what the existing 15 conditions are out there now. 16 MR. ENGELBRECHT: But this will, in no way, 17 really change the situation to the west where there's been 18 water standing. 19 MIL HOELTING: You're talking about water 20 that might be -- 21 MR. ENGELBRECHT: Ye8. Tho Oak 8tre~ts over 22 there. I don't recall fight off now the namee of them. 23 MR. HOELTING: All the drainage off this site, 24 basically, is dffected to the south. So there would not 25 be anything they're installing or anything - of course, 17 18 19 20 21 22 23 24 25 · ~ ~age 27 we haven't seen any construction plans. But the ' preliminary study on~-re~l_ly focuses to this individual site, not tiie overall area. Mit ~OELBP,~CHT: okay. very good. Thank you. Any other questions, Commissioners? Okay. Thank you, Mr. Gray. Is the petitioner or petitioner's representative present? If you would give us your name and business address for the record. MIL MA~Tr~: I'm Curtis Martin at 320 North Mayhill Road, Denton, Texas. It goes without saying tha? the district supports this project and this amendment. Tonight, we feel like that our plan will be a lesser impact to the neighborhood than what's approved at this time. We have had a neighborhood meeting. We had 15 or 20 of our neighbors come out and give us input. Their input was basically traffic, drainage, the typical issues that y'all hear when somebody is developing a piece of property and zoning a piece of property. To answer Mrs. Gourdie's question about the plans of when we plan to start our construction, we've been working on this project for nearly a year. Our construction documents are almost finished and we're anticipating putting this project out ~o bid at about mid-January to the end of January and be in construction Page 28 I by the end of February. 2 With this moratorium, that's really going to 3 put us in a bind. We've got several 6ther projects. But 4 we did assure our neighbors -- I think you'll be hearing 5 from some of our neighbors -- that we would be working 6 with them on their input and trying to work with the City 7 to assure them that we'll be a good neighbor and cause 8 less hassle to our neighbors. I'd welcome any questions. 9 MR. ENGELBRECHT: commissioners, any questions 10 for Mr. Martin? 11 MS. GOURDIE: Thank you for answering my 12 question. 13 m. ENGELBRECHT: I have one question. Let me 14 make sine I'm on the right case. I'll leave it for the 15 detailed plan phase. Thank you. Is there anyone present 16 who wouid llke to spenk in favor of thls petition? Anyone 17 present to speak in favor of lbe petition? 18 ~x. mnu~: oood evening, Mr. Chairman and 19 members of the Commission. My name is Brian Burke. My 20 business address is 504 Academy, Austin, Texas. It's nice 21 to see you. We have been working on this quite a while 22 and it started off pretty slowly. A lot of input from 23 teachers and staff experienced with the special function 24 this facility aims to serve. And they found -- looked at 25 a lot of pieces of land and found this fairly large one PLANNING AND ZONING COMMISSION nl~.CI~MBER 15, 1999 18. Page 25 - Page 2~ But let me speak initially to the drainage. 7 As Mr. Hoelting pointed out, you can go through and do a 8 lot of work, and in this case it really is a lot of work, 9 from where this concrete channel starts and receives 10 runoff from the 21 acres that drain to it. It flows over 11 to the cul-de-sac on the west which is Royal Meadows and 12 goes into an underground storm drain system and then 13 proceeds south through underground public system at Pecan 14 Creek. 15 And over the years, occasionally, I've heard 16 about problems in this general area. And, in fact, when I 17 did my calculations, let me show you the drainage area 18 map. This real heavy line that's an oddball shape is the 19 21 acres that drain through this property and then to the 20 concrete channel and pipe system. 21 And based on the criteria I like to apply, the 22 existing drainage system is a real bottleneck. It doesn't 23 have enough capacity. So we're faced with -- I wouldn't 24 even suggest that we just try to get a letter of CondenseltTM Page 29 I for the size of the facilities. And I've been working on 2 it on and off for quite a while and have been working on 3 it quite a bit recently, of course, for the concept and 4 detailed plan and preliminary plat. And I would be happy 5 to answer any questions. 6 25 downstream permission because I don't think that's the Page 30 1 right approach in this case at ail. So I believe we're 1 2 faced with either doing a bunch of work on upgrading the 2 3 system and that means going through lawns and streets and 3 4 a bunch of existing property that's already developed or 4 $ providing on-site detention as the primary solution. And 5 6 in this case, to me, my initial calculations suggest it 6 7 and my final calculations confirm that on-site detention 7 8 will work, I believe, just fine. I don't see any problem 8 9 with it at ail. It's going to bottle-neck the water 9 10 temporarily on the south portion of the district's land 10 11 for up to a matter of hours. I think a 100-year storm 11 12 would be completely -- well, except for a little bit of: . · 12 13 birdbath in the bottom of the pond Will be completely 13 14 drained out in eight hours. It's going to bottleneck it 14 15 to the point that the maximum release rate is well below 15 16 the capacity of the channel system, the pipe system, and 16 17 street right-of-way capacity, and everything else, almost 17 18 exactly what the 100-year peak runoff rate would be right 18 19 now for the existing watershed conditions. 19 20 And I'd like to point that this storm water 20 21 dct~ltion facility is actuaily serving not only the 21 22 school's 12 acres, but also the Fair Oaks Retirement 22 23 apartment property which is about 3.6 acres north of the 23 24 school's land. So it's capturing all of the recent 24 25 development -- well, the recent development and thc 25 PLANNING AND ZONING COMMISSION DECEMBER 15, 1999 '; Page 31 I proposed development from this entire 21.3 acres. ' And I 2 think it's going to do'eVe~.-gxing that we would hope it 3 wouk~ d~oT~'As far as the problem to the west, I don't know 4 of anything beyond the limits of this Watershed. On this 5 property, there are some boggy areas where drainage has 6 been flow; although, I don't know that it's affected 7 anybody particularly adversely in the past. But site 8 grading is going to relieve ail that and provide positive 9 runoff. 10 The detention pond at the deepest point is 11 going to be a little over three feet. And that's from the 12 top of the berm down to the flow line of the outlet pipe. 13 And it's going to have just a simple outlet structtcre that 14 controls it. The main thing is providing the sizing and 15 shape so that everything is tuned for this particular 16 application. So I think storm detention is going to be 17 fine. And I'll be happy to answer any questions if there 18 may be any. 19 MR. ENGELBRECHT: okay. Ms. Gourdie. 20 MS. GOURDIE: Thank you. Mr. Burke, how far 21 is the detention pond from the school site? 22 MR. BURKE: From the school building? 23 MS. GOURDIE: Yes. 24 MR. BURKE: well, let me try to estimate that. 25 This is more or less where the hole is for the detention Page 32 pond. And in addition, I'm going to locate a secondary one here. Thcy're going to be connected with a pipe. And then I'm going to put a safety berm, I guess is a good name for it, all the way here that's a constant clcvation. They're in really, really major -- I promise I'll answer the best I can, but let me explain, because there's a little bit more than just shown on this littlc sketch. During really, really major storms, this safety berm would capture and temporarily flood more area than just these two ponds. But this pond is about 60 or 70 feet from the comer of the building. It was initially located about 28 feet from this property line and I think it was 43 feet from this property line. MS. GOuRDIE: DO yOU see any need to safeguard the detention pond during that eight hours of possible 100-year storm runoff?. MR. BURg, E: well, let me say that I'm maybe not the best person to ask about that, but what I see there is -- it was brought up by the neighbors that maybe we need a fence around it and maybe we do. That may be possible. I'm usually the only guy out during the really heavy rains driving around looking to see what's going on. And during a 100-year storm, there could be somebody out there but I don't know. MS. GOURDIE: I was just wondering with three Page 29 - Page 32 19. CondcnscltTM Page 33 to five year olds not knowing, I'm just wondering if they 2 could wander off or whatever. I was just curious about 3 safety, that's all. And you being the professional and me 4 just being the student here listening to what you're 5 saying, I was just wondering. 6 Ma. BUP. KE: well, I'm real good with the 7 physics part, but I'm not necessarily knowledgeable about 8 the safety controls. I don't think it's a bad idea. As 9 to whether or not it's necessary, I don't think it hurts 10 anything, but I'm not really qualified. 11 MS. GOURDIE: Thank you for your opinion. 12 MR. ENGELBRECHT: Mr. Moreno. 13 MR. MORENO: Yes, sir, Ivlr. Burke, educate me a 14 little bit, how does a detention pond work? I've never 15 fully understood that concept. 16 MR. BURKE: They're real, real fundamental and 17 the way they work is that they bottleneck water that's 18 trying to drain out of a certain area, temporarily store 19 it, and release it at a slower rate than if you didn't 20 provide the bottleneck. And an analogy could be perhaps 21 if you put bags of sand in your bathtub and mined on the 22 faucet for a certain period at a certain rate, the water 23 is going to go out of that bathtub at a certain speed. 24 Well, if you take -- I don't know if this is a real good 25 analogy but if you take those bags of sand out and put Page 34 1 some tape across the drain and put in the same amount of 2 water for the same period of time at the same rate and 3 everything like that, it's going to go out slower over a 4 longer period of time. And kind of what we're doing is 5 we're excavating soil and providing volume for water to 6 stay for a longer period of time on the property than it 7 would have stayed without the detention pond. 8 And fight now without the detention pond, 9 water reaches, it crosses this south property line in a 10 number of locations. The primary location is right here 11 at this channel. But it comes out more than just there. 12 With the detention pond and this south berm and the 13 restrictive outlet structure, we're going to be releasing 14 the water from this watershed, wherever it went, at a 15 slower rate than it is right now. We provide volume to -~ 16 we substitute water for soil so that the water can stay on 17 the property longer than it would if the soil hadn't been 18 excavated in the first place. 19 MR. MORENO: Conceptually, the water from a 20 specific area flows into a holding area, if you will, and 21 therl it's roleas~d slowly.'? 22 MR. BURKE: More slowly. 23 MR. MORENO: More slowly than it would have 24 otherwise? 25 MR. BURKE: Exactly. - Page 35 I Ma. MORENO: And it's released in a particular · 2 direction rather than int.s a multitude of directions? 3 '"~MgcBmme~ ldght, Nt~w, releasing it in a 4 multitude of dir~tions is a pretty good approach as long 5 as you don't have daveloped propo'ty downstream. But when 6 you do have developed property, then you do want to 7 control it more. 8 vac MOP. ENO: okay. Thank you, sir. 9 MR. BURKE: sum. l0 lvlR. ENGELBRECHT: troy other questions, 11 Commlssioners? Thank you, Mr. Burke. 12 Ma. BUmm: Pve been asked to speak also a 13 little bit to the site plan with regard to the traffic 14 because traffic was a very big concern for the people who 15 came to the meeting last Thursday evening. And I'm not 16 primarily a transportation engineer, but it has been my 17 expexienee that generally you try to control traffic by 18 not making it too appealing to drive through the site in 19 this case. For instance, not necessarily connect these 20 streets as they were originally shown in the old concept 21 plan. I think that the principle at work t~n'e is it's 22 kind of like storm detention, in a way, that you control 23 the flow of traffic a little better. 24 And in this particular case, what the :25 architect has attempted to do is to put bus and staff Page 36 traffic here, parent traffic here, parent and student 1 2 traffic here. 3 MR. ENGELBRECHT: And that parent and student 4 traffic is on Audra, I believe, is it not? 5 MR. BURKE: That's correct. Audra, from about 6 this southeast comer, farther north is a capital 7 improvement project for the City and will be widened. And 8 right now, there's curb and gutter along the east side of 9 Audra. The west side is just a roadside ditch. Audra is 10 going to be widened to the west, curb and gutter 11 installed, and a left mm bay constructed here for 12 traffic to enter this school driveway. One-way 13 circulation here, one-way circulation here on the private 14 driveways. I think it's a gOOd approach in terms of this 15 12 acres. 16 Now, as far as other concerns the neighbors 17 had which is traffic speed and volume around there, I 18 believe the district is completely open to traffic 19 controls off-site, but we really can't initiate them, or 20 the district can't. But we'd be happy to discuss anything 21 along those lines. 22 MR. ENGELBRECHT: I understand. Mr. Rishel. 23 MR. RISHEL: MI'. Burke of Austin, Texas. 24 MR. BURKE: Yes, sir. 25 Ma. RISHEL: vreviously of Denton, Texas. ,LANNING AND ZONING COMIVHSSION Dnt'nUBER 15, 1999 20. Page 33 - Page 36 Cond~ns~ItTM Pa~e 37 I Toward the bottom, the southern part of the drawing that 2 you have them, but above the dctention pond area, you 3 have what was a previous road line, I take it, those two 4 dotted lines that are parallel. What is the line that is 5 below that and above that that kind of squiggles through 6 them? 7 MR. BURKE: This is'the fenc~ for the 8 playground area. 9 MR. RISHEL: SO there is a separation between 10 the children and the detention pond that's part of this 11 already? 12 MR. BURKE: Yes, for the students. That's 13 right. 14 MR. mSHEL: okay. That helps me. Thank you. 15 MR. ENGELBRECHT: Any other questions, 16 Commissioners7 Thank you, sir. 17 MR. BURKE: Thank you. 18 MR. ENGELBRECHT: welcome back to Denton. 19 MR. BURKE: well, thank you very much. It's 20 nice to be back. You haven't had much rain here I can 21 tell. 22 MR. ENGELBRECHT: IS them anyone else who 23 would like to speak in favor of this petition? Anyone 24 else present who would like to speak in favor of the 25 petition? In that case, is there anyone present who would Page 38 1 like to speak in opposition to the petition? Anyone 2 present to speak in opposition to the petition? Yes, 3 ma'am. If you would please give us your name and address 4 for the record. 5 MS. PEDRICK: My name is Lynne Pedrick. I 6 live at 1802 Meadow Oak Drive. My property is located on 7 the southeastern comer of Meadow Oak and Mulkey. I'm not 8 opposed to the developlnent of this land, the land use or 9 anything else. I just wanted to make my concerns known as 10 far as the water detention pond. I have a zero lot llne 11 on the east side of my home there and, although, staff and 12 the other gentleman have been great in reassuring me that 13 it will be at least 40 feet away from the side of mY home, 14 I do have concerns about water sitting them. They have 15 taken cam of the children being surrounded by a 16 playground area by a fence, but not for n~ighborhood 17 children. My grandson lives door, in the duplex next door 18 to me. Children always play in that field or try to. 19 I do have a concern about having a fence or 20 something around it. If water does sit ~ for mom 21 than six hours, children are attracted to the water. Ta~y 22 want to play in it. It is a concern. It does at,act 23 bugs. We really don't want them playing around there. 24 MP~ RISHEL: Mrs. Pedrick, would you show us 25 on the little Christmas-leaking map where your property -' Page 39 I is. 2 MS PEDRICK:"On ~his map here? 3 "~M~RISHEL: YeS, the nice red and green and 4 yellow map. 5 MS. PEDRICK: My property is right here. 6 MR. RISHEL: okay. That helps me. 7 MS. PEDRICK: SO, basically, I am the closest 8 to the water detention pond. I do have a concern about 9 the traffiC, also, but I think if the City would consider I0 looking at the traffic flow, maybe monitoring it, you 11 know, everybody exceeds that speed limit. They always 12 have. They never stick to 30 miles an hour. It will be 13 a danger with buses going in and out of them. We have to 14 pull out of there to exit in the morning, my husband and I 15 and the other families to go to work. 16 And I would just like the Commission to 17 consider that to make sure that this is all taken care of 18 as far as the water sitting there. I would like to have 19 it fenced, the detention area, and maybe some shrubs 20 around it to hide that because it's unsightly to see that 21 kind of a thing, also. And that's it. I appreciate your 22 listening. 23 MR. ENGELBRECHT: Commissioners, any questions 24 for Ms. Pedrick? Okay. Thank you very much. Is them 25 anyone else present who would like to speak in opposition Page 40 I to the petition? Yes. 2 MS. MOSES: My name is Barbara Moses and I 3 live at 904 Mulkey. My property' is next to her duplex on 4 the south side. The drainage detention pond is a portion 5 of my back'yard. I do have concerns about it just like she 6 did. One is the standing water and the attraction of 7 animals, bugs, and kids. Like she said, I am glad that 8 they are putting the fence around the playground area but 9 we do have a lot of children that live in that 10 neighborhood and they do play in that vacant field back 11 there. 12 And that is a big concern to me and to my 13 husband tha! somcthing is put around it to detract them 14 from spending time back there when that's not necessary, 15 or they shouldn't be back there. 16 My other great concern is thc traffic. No one 17 slows down on that street on Mulkey, because of how wide 18 it is and thc distance between stop signs and 19 intersections. It concerns me a lot that there's not a -- 20 there hasn't been a traffic study done on Mulkey or Audra 21 conc.~rning this project. We already have a problem with 22 Robert E. Lee and the amount of traffic that's in that 23 area from that school because them are very few exits out 24 of that area for parents bringing their kids to school in 25 the mornings and picking them up in the afternoon. And PLANNING AND ZONING COMMISSION DECEMBER 15, 1999 23.. Page 37 - Page 40 Condonsolt m Page 41 I from what I understand from the architectural fu'm, the 2 study that they did at the Sullivan-Keller site projects 3 approximately 400 cars on Audra at any given point during 4 tho day, picking up and delivering kids. That's not 5 including tho buses and the staff that will be on Mulkoy 6 everyday going to and from work. I think those are things 7 that should have been done. TI~ City staff should do a 8 stUdy of traffic. Audra is already backed up at Woodrow 9 or McKianey because of everybody leaving that neighborhood 10 in the morning, not to mention tim school kids. 11 I think also that a school zone sign is needed 12 in that area on both Mulkey and Audra. ~ is one over 13 at the Sullivan-Keller site now. I understand that tlxxe 14 are some students that walk or their parents take them 15 that live in tho Sullivan-Keller area right now, but I 1{5 think ~ also needs to be that school zone sign just 17 because it is a school and there an: stUdents there that 18 are five and six years old and, at some point, someone may 19 not -- they may wander out into the street. And that's a 20 possibility that can happen at any campus regardless of 21 whether they are elementary age or early childhood 22 development. And those are just some eoncerus that we had 23 that we feel like that need to be addressed before this is 24 finalized. Thank you. 25 MR. ENOELBRECHT: comlllissioIlers, ~ there any Page 42 1 questions for Ms. Moses? Thank you very much. Is there 2 anyone else present who would like to speak in opposition 3 to this petition? Anyone else present to speak in 4 opposition to the petition? Or to make your comments 5 known with regard to this petition? All fight. In that 6 case, since there were some comments in the opposition, at 7 least categorized as such, would the petitioner care to 8 make any remarks in.rebuttal? 9 MR. MARTIN: In our neighborhood meeting, we 10 did discuss the fence around the detention pond. I told 11 our neighbors that back when Food Lion built the grocery 12 store out by Strickiand Middle School, that I think we 13 came in in opposition and had them build a fence around 14 their detention pond, so I fee1 like that that can be 15 handled fairly reasonably. We don't -- we have a 16 detention pond out at Ryan High School. They are larger 17 children. We do require our civil engineer to gradually 18 slope the banks of the detention pond so that they're 19 easily maintained, mowed, and kept in good shape, not an 20 eye-sore with cattails and trash and brush in them. So it. 21 will 1~ maintained. So I fc~l like that addressing the 22 fence is not a big issue. 23 Our traffic on Audra, the turn lane there, 24 we're working with the City to get that done. Our issues 25 that are on Mulkey Street, I think working with City ; Page 43 1 engineering staff and the people, I think those issue~ can 2 be addressed and, holJefullsi, we'll be a good neighbor. 3 ' MCa-ENGELBRECHT: commissioners, any 4 questions? I'm not quite sure what you said with regard 5 to the fence. Are you saying you're going to put one up 6 there? 7 MR. MA~T1N: we haven't finished our 8 construction documents, and I don't feel like there will 9 be a problem or any opposition from our school board 10 members or anyone that we put a fence around that 11 detention pond. 12 MR. ENGELBRECHT: Are you planning to do 13 something in the way of some planting along there? 14 MR. M~TIN: Landscaping? I think that's -- 15 yeah. I think that will be covered in our landscape 16 ordinance and some barriers that we're going to have to 17 put up. 18 MR. ENGELBRECHT: All right. Commissioners, 19 any other questions? Thank you very much. Public hearin 20 is closed. Mr. Gray, any staff remarks? 21 MR. GRAY: I guess the only remark I would 22 have is in regard to the traffic issue. As I said before, 23 our traffic engineer is not here this evening but I did 24 speak with him concerning this issue and it's something 25 that staff will look at. We will try to work with the Page 44 1 residents and the school district in seeing if -- what we 2 can do to try to put some traffic control there, 3 especially along Mulkey because I think the majority of 4 the comments that we have received are concerning the 5 traffic along Mulkey. 6 MR. ENGELBRECHT: Okay. Commissioners, do you 7 have questions for Mr. Gray? Ms. Gourdie. 8 MS. GOURDIE: I do have a question for 9 clarification because I'm not sure that -- No. 8 which 10 is the detailed plan is being pulled because of this 11 moratorium, yet we're talking about the concept plan which 12 just describes land uses and if the site is going to be 13 appropriate for the use. So does a'fence and all this 14 really -- is this the moment and time in which we discuss 15 these items since that's really a detailed plan item or is 16 this something we do now as a concept plan item? 17 MR. ENGELBRECHT: Mr. Donaldson, do you want 18 to-- 19 MR. DONALDSON: I think you certainly could 20 make a recommendation with a fairly general statement 21 about desiring a fence around the detention pond and leave 22 the details of that to the detailed plan. But just make 23 sure that there is a note on the concept plan that the 24 fence around the detention pond will be required. 25 MR. ENGELBRECHT: I have a question with PLANNINO AND ZONINO COMMISSION DECEMBER 15, 1999 Page 41 - Page 44 22. Cond~asoltTM Page 45 I regard to that to Mr. Donaldson because we're only taking 2 12 acres on the detailed plan and they don't include the 3 detention pond. 4 MR. RISHEL: Exactly. 5 MR. DONALDSON: The detention pond isn't in 6 the detailed? 7 MR. RISHEL: Is not part of this plan. 8 MR. ENGELBRECHT: SO it won't come back again. 9 MR. KISHEL: I would profer to se~ the open 10 space myself. I appreciate the neighbors' concerns about 11 safety for their children and the young people, but the 12 detention ponds with the generally sloped sides seem to be 13 very effective. I don't think the water is going to be 14 there that long unless you have a really major rain to 15 affect us. 16 I'm more concerned about the traffic. We're 17 fully buffered on the, what is it, west side with 18 residences on that. We're going to add some more traffic 19 to that. There's other traffic quieting techniques that 20 I'd like to see looked at and studied and considered as 21 opposed to speed bumps or whatever else that might 22 certainly be effective tools for us and I'd like for us to 23 work with the school district as much as possible and the 24 local neighbors to get traffic quieting as part of that. 25 But I would like to see there not be a fence, Page 46 1 even though the school district has been gracious enough 2 to consent to that, with the efforts that we're trying to 3 make to have visual and open space in our community and I 4 think it would be much more effective and visually 5 pleasing. 6 MR. ENGELBRECHT: Any other questions? A 7 comment I guess I have is I understand your statement with 8 regard to trying to have the open space. The other side 9 of it is it was the school district close to a middle 10 school that asked for a fence around a detention pond. 11 And we will have -- we do have foot traffic of a much 12 younger age than middle school here going to Lee 13 Elementary because this is all within the waiking distance 14 of Lee Elementary and they go down to Paisley and up to 15 Lee. 16 So there would be a good -- there's already a 17 fair amount of pedestrian traffic from children going to 18 school. Now, I don't know that there will be a great many 19 pedestrian traffic generated by this facility since it's 20 three, four, and five years old, but I can understand the 21 c, onccm for the fence. Mr. MoNeill. 22 MR. MCNEILL: Just clarification, but at the 23 concept plan and then particularly since the drainage 24 pond, if I'm understanding this correctly, the drainage 25 pond is not part of the concept plan; is that correct? - page 47 I MR. EIqGELBRECHT: lq'o. It's not part of the 2 detailed plan. We w?'d-ne..v_sce this again so ff we want 3 to add soi~ething on here with regard to something like a 4 fence, some structure to keep folks out, we would need to 5 put that into this. 6 MR. MCIqEILL: when the detailed plan comes 7 back, is that not when we would put the fence in? 8 MR. ENGELBRECHT: We won't see this portion. 9 The detailed Plan only covers 12 acres which has the 10 building but not the area with the detention pond. 11 MR. MCNEILL: Oh, okay. 12 MR. GRAY: Just a clarification. The concept 13 plan, the detention pond is outside of the boundary of the 14 concept plan, as well. 15 MR. MCNEILL: I thought it was. 16 MR. ENGELBRECHT: oh, okay. 17 MR. GRAY: The detention facility is actually 18 located in property that's zoned for duplexes. 19 MR. MCNEILL: I thought that was tree. 20 MR. ENGELBRECHT: oh, that's right. Okay. 21 MR. MCNEILL: So We can't legally say anything 22 about that, right? You can make a recommendation. 23 MR. ENGELBRECHT: And isn't a piece of it in 24 the -- no piece of the detention pond? I was thinking 25 that a portion of the detention pond was in this. Page 48 1 MR. GRAY: I think Mr. Burke was talking about 2 a secondary detention pond up here, a smaller one. The 3 large detention pond down here i~ wholly located outside 4 of thc PD site. 5 MR. ENGELBRECHT: okay. Any other questions, 6 Commissioners? We don't have the traffic engineer, I 7 wanted to ask them, but it would seem to me that one of 8 the reasons, and I'm familiar with Mulkey, one of the 9 reasons we -- that there's probably higher than normal 10 rote of speed there, the street is so wide, I doubt that 11 it gets the sort of patrolling that it would given that 12 there's a great deal of open area. So it doesn't generate 13 a great deal of traffic now. 14 I suspect when the school goes in, we're going 15 to see much more patrolling by the police whether we have 16 a school zone or we don't have a school zone simply 17 because it is a school site. I suspect if there's any 18 problems with speed, we will see police out there 19 immediately. Okay. Any other questions for staff?. If 20 not, are there any comments or a motion? 21 MR. RISHEL: I'd like to move we recommend the 22 approval of Z-99-087. 23 MR. MCNEILL: second. 24 MR. ENGELBRECHT: It's been moved and seconded 25 to recommend approval. Any discussion on the motion? PLANNING AND ZONING COMMISSION DECEMBER 15, 1999 23. Page 45 - Page 48 CondonsoItTM Page 49 I MR. MORENO: Yes. 2 MR. ENGELBRECHT: Yes, MI'. Molerlo. 3 MR. MO~ENO: clarify for me why we would not 4 have a school zone along both Mulkey and Audra. I didn't 5 understand that. 6 MR. GRAY: The explanation that was given to 7 me by the traffic engineering staff is that this school 8 will not generate the type' of pedestrian activity that 9 would warrant a school zone, that most of the children 10 that will be attending this school are so -- first of all, 11 they come from all around. I don't think this school 12 facility, and the DISD folks can back me up on this, but I 13 think the school facility will be drawing students from 14 all around, not just the immediate neighborhood. But it's 15 not going to be a local school or neighborhood school. 16 It's going to be students coming from all around so 17 they'll be driven to the site. And, as well, they're so 18 young, three, four, five years old, that their parents 19 would normally take them there anyway as opposed to them 20 walking to school by themselves. 21 MR. MORENO: Tell me again the age of the 22 students. 23 MR. GRAY: Thru, four, five, six years old. 24 MR. MOP. ENO: Highly unlikely that they would 25 be walking to school. me. Page 50 MR. GRAY: Yes. That was the reason given to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. ENGELBRECHT: MS. Gourdie. MS. GOURDIE: I need a clarification, please. The property located to the south which the drainage pond is proposed is in the 2-F district. Now, that's already zoned that way, correct? -ipage 51 I to be here at all anyway. 2 MS. C-OURDIB? That, s true. Thank you. All 3 right. So~'do we need to say anything even though it's not 4 part of this property? Should we just'put it in the 5 motion as a gesture of good will or just leave it be? 6 MR. ENGELBRECHT: It's been suggested that 7 maybe the best legal aspect here is, particularly in this 8 situation, is to ask the petitioner to voluntarily agree 9 to any conditions. 10 MS. GOUe, DIE: All right. 11 MR. ENGELBRECHT: In which case we can ask tho 12 petitioner to come forward again if you would like to do 13 that. 14 MS. GOUe, DIE: well, I guess the situation 15 would be that since Mr. Rishel made the motion and he's in 16 favor of leaving it unfenced, I can't really ask that 17 since it's his motion. I don't think he would agree with 18 that. So that leaves me where I am. 19 MR. ENGELBRECHT: Is there anyone else who 20 wants to talk to the petitioner? I have a question with 21 regard to the school zone issue. I believe that that will 22 be handled as ail are handled, by the Traffic Safety 23 Board. They will establish a school zone if it's 24 necessary. They won't if it isn't. 25 MR. GRAY: Correct. Page 52 1 MR. ENGELBRECHT: We're going to have school 2 buses and parents slowing down to turn in and out with 3 children. I'll be real surprised if there's not a school 4 zone established rather quickly there. I just find that 5 hard to believe. Ms. Gourdie. 6 MS. GOURDIE: I do have a discussion before we 7 vote on this. And being that I believe that there is a MR. GRAY: qorrect. MS. GOURDIE: DOeS the school own this property? MR. GRAY: Yes, they do. MS. Goue, Dm: Are they going to strictly use 8 concern from the neighborhood to have some kind of 9 fencing, if it's not possible to have fencing, which I 10 believe the school district has mentioned they would like 11 to do that, but that's up to them to decide with the 12 neighborhood. I would like to also see maybe an education it as open space and drainage or are they going to sell it off for housing as it was originally proposed? Do you know what's going on down there? MR. GRAY: This is the area right here that's 2-F and it is part of the school site. MS. GOURDIE: staying green. All right. 13 'program or something that helps the neighbors understand 14 what a detention pond is. It's a new thing that's 15 starting to come up to help us with our drainage 16 situation. I don't think a lot of us understand the flow 17 ratios and all that. 18 And maybe there's some way we can send a That's what I needed to know. Thank you. So we're not going to see that either or do they have to come back and rezone it to make it not 2-F? MR. GRAY: Detention ponds are a use by right in 2-F. MS. GOURDIE: Just asking. All right. MR. ENGELBRECHT: The truth ia they don't have 19 pamphlet out in the neighborhood to explain what a 20 drainage pond is, how it works, the eight-hours time, to 21 let parents know to keep their children inside or to warn 22 them about the dangers of being in three-foot water or 23 two-foot water, even two-inch water. So that's my request 24 is maybe we can start an education program for detention 25 ponds. And aisc just to keep the neighbors at case with PLANNING AND ZONING COMMISSION DF..C.~t,,O~ER 15, 1999 24. Page 49 - Page 52 Condons~It m Page 53 I the situation. 2 M~ ENOELBRECarr: Mr. Risbel. 3 M~. msa~: ~q:haps with a little bathtub on 4 it, right7 That's certainly appropriate. I don't mean to 5 diminish what Mrs. Moses and Mrs. Pedrick said about the 6 detention pond. I don't think it's going to be a problem, 7 as I say, with tho sloped sides. I'm sure that the school 8 district will be mom than happy -- they don't want to 9 have a lawsuit either, so Itm sure that they would be mom 10 than happy to address that if they saw it, at some point 11 in time, to be some sort of a hazard to us in our 12 neighborhood. 13 What I was seeing in tho plan was, as far as I 14 remember and I may be mistaken, but tbe houses immediately 15 to tbe south or tho lots to th~ south, and I'm presuming 16 that there's houses on those, all have fences now; is that 17 correct, on the backyard? They don't have fences now? 18 And neither does your property? 19 MS. PEORICK: lhave no fencing at all. 20 Me, msa~.L: Right. As I say, I appreciate 21 your concern and I think it's prudent of you to call it to 22 our attention and to try to work with the school district, 23 but I don't think it's going to be as much of a problem, 24 as large as that pond is and what the water shed is in 25 that particular area, that I don't think you're going to 1 2 3 215 4 utilize m 5 6 case. 7 Or please continue 8 us time to 9 I'I1 open the public 10 to give us I 1 comment. 12 13 14 15 16 17 18 19 2O 121 22 23 24 25 We're looking First came up feet of the . ,?age 55 0.25 acres from Two-Family ZOning to Page 54 I find it offensive. I would rather see the open space and 2 the ability to see across that and where my young people 3 might be all the time as opposed to not being able to see 4 across that and wonder where they are. 5 MR. ENGELBRECHT: okay. Commissioners, any 6 other discussion on the motion? We have a motion and 7 second to approve. Vote, please. Motion carries 5-0. 8 (Commissioners Apple and Williams not present.) 9 motion : the motion we our Agenda. Vote, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 and 24 City Council concerning the rezoning of 25 ; happening with this entire lot. The applicant is looking to -- that this This will allow geichhart, if you want public Page 56 was rezoned in '69 as part of the original zoning City. Prior to that, there was ~ building that was u§ed for a Thc most s and the refrigerator: The owner vacant, order to comer of I think that lOO So we can would have to ; the two zonings at it, a Commercial, cannot be t PD or request for It lost its utilize that building properg And part require subdivision of ate incompatible. any on tho same zoning. last ~ number of i to happen on this ~ to rezone it and anything can traffic and where the ,f issues with the neighborhood 1~ [ I think it caught th~ He's looking at it as it's be~n in been used as, you know, I just want a little shop or something in there. couple of, Page 53 - Page 56 AND ZONING COMMISSION DEt~M~gR 15, 1999 25. ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO. 70- 52 TO PROVIDE FOR A CONCEPT PLAN FOR 13.64 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 9 (PD-9) ZONING DISTRICT; THE SUBJECT PROPERTY BEING LOCATED BETWEEN MULKEY AND AUDRA STREETS NORTH OF PAISLEY STREET; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-087). WHEREAS, on December 8, 1970, by Ordinance 70-52, the City Council approved a change in zoning for 13.8 acres of land to Planned Development 9 (PD-9) Zoning District; and WHEREAS, on October 26, 1999 Burke Engineering, on behalf of Denton Independent School District, submitted an amended Concept Plan for 13.64 acres of land located within PD-9 with the intent to develop a new public school facility; and WHEREAS, on December 15, 1999, the Planning and Zoning Commission recommended approval of an amended Concept Plan such 13.64 acres; and WHEREAS, the City Council finds that the amended Concept Plan is in compliance with the 1999 Denton Comprehensive Plan and will provide for a sensible and compatible arrangement of land uses; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Ordinance No. 70-52 providing for the approval of a Planned Development Zoning District Classification and Use Designation for the property described as PD-9 is amended by approving the Concept Plan attached hereto and incorporated herein by reference as Exhibit B for 13.64 acres located within PD-9, more particularly described by the legal description attached hereto and incorporated herein by reference as Exhibit A. SECTION 2. That the provisions of this ordinance as they apply to the 13.64 acres shown in the. concept plan herein approved, shall govern and control over any conflicting provisions of Ordinance No. 70-52, but all the provisions of Ordinance No. 70-52 as they apply to that remaining portion of the district not herein amended, shall continue in force and effect and shall apply to the remainder of said district. SECTION 3. That a copy of this ordinance shall be attached to Ordinance No. 70-52 showing the amendment herein approved. SECTION 4. That ~any per~on violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. 26. SECTION 5. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERB,~)~ITY ATTORNEY 2 7. Page 2 of 2 EXHIBIT A 13.64 ACRES (D.I.S.D. & Fairoaks Land in PD-9) FIELD NOTES to all that certain tract of land situated in the J. Brock Survey Abstract Number 55, in the City of Denton, Denton County, Texas and being part of the called 15.755 acre tract described in the deed from Realty Alliance of Texas, Ltd., to James Coleson recorded under C.F.N. 93-R0027172 of the Real Property Records of Denton County, Texas; the subject tract being more particularly described as follows: BEGINNING for a reentrant comerofthe said 15.755 acre tract being South 00 Degrees 10 Minutes 35 Seconds West a distance of 641.70 feet and East a distance of 349.0 feet .from the intersection of the South right-of-way line of Lattimore Street and the East right-of-way line of Mulkey Lane; THENCE South 89 Degrees 23 Minutes 32 Seconds East a distance of 532.76 feet to a point for a comer; THENCE South 21 Degrees 09 Minutes 35 Seconds West along the West right-of-way line of Audra Lane a distance of 703.68 feet to a point for a comer; THENCE South 89 Degrees 52 Minutes 50 Seconds West a distance of 148.66 feet to a point for a comer; THENCE Noah a distance of 149.20 feet to the beginning of the curve to the left; THENCE Westerly along said curve (having a radius of 396.06 feet), an arc length of 9.83 feet' (chord bearing Noah 89 Degrees 17 Minutes 20 Seconds West a distance of 9.83 feet) to a point or comer; THENCE West along the Noah fight-of-way line of Meadow Oak Drive a distance of 270.00 feet to a point for a comer; THENCE South 89 Degrees 00 Minutes 00 Seconds West a distance of 273.00 feet to a point for a comer; THENCE Noah 15 Degrees 27 Minutes 00 Seconds East a distance of 431.00 feet to a point for a comer; THENCE Noah 12 Degrees 00 Minutes 00 Seconds East a distance of 170.00 feet to a point for a comer; THENCE Noah 05 Degrees 12 Minutes 06 Seconds East a distance of 290.63 feet to a point for a comer; THENCE Noah a distance of 281.86 feet to a point lying in the South right-of-way of Lattimore Street; THENCE East along the South right-of=way of Lattimore Street a distance of 249.0 feet to a point for a comer; THENCE South'00 Degrees 10 Minutes 35 Seconds West a distance of 641.70 feet to the POINT OF BEGINNING and enclosing 13.64 acres of land. 28. EXHIBIT B / / / \. 29. I AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET January 18, 2000 Planning Department David Hill, 349-8314 AgendaNo._z~..~_~~ Agendaltem_ Date_ SUBJECT - Z-99-051 (Shadow Brook Place) Continue a public hearing and consider zoning approximately 34 acres to One Family Dwelling (SF-16) zoning district and land use classification. The property is located south of E1 Pasco Drive, between Forrestridge Drive and Montecito Drive. Single family residential development is proposed. The Planning and Zoning Commission recommends approval (5-0). (Z-99-051, Shadow Brook Place) BACKGROUND The November 16, 1999 public hearing was continued to allow the applicant time to conduct drainage studies and to have a neighborhood meeting regarding drainage concerns. To date, the drainage studies have not been completed and a neighborhood meeting has not been scheduled. The applicant (Beverly Stephens) has requested that the public hearing be continued to March 7, 2000 (see Attachment 5). This will allow time for the applicants engineers to finalize required technical reports and for city staff review and comment. Staff supports continuation of the public hearing. Mrs. Stephens requests the property be zoned with a permanent land use classification of One Family Dwelling (SF-16) zoning district and land use classification. The 34.40 acre site is bounded by the Forrestridge subdivision to the west, Montecito subdivision to the north, and the Montecito Del Sur subdivision to the east. All of these neighborhoods are classified as One Family Dwelling (SF-16) zoning district. The property is presently undeveloped. The owner intends to develop a residential subdivision. Mrs. Stephens anticipates that the lot sizes in the proposed single-family subdivision will range from three-quarters (Y4) acre to one (1) acre. To allow this flexibility, the owner is requesting a One-Family Dwelling (SF-16) zoning district, which is consistent with the zoning districts of the adjacent subdivisions (see Attachment 1 - Enclosure 3). The development of the Shadow Brook Place property will require several public improvements. There is no application for a plat at this time. However, the following are general improvements, which it may be required to provide: 2. 3. 4. 5. 6. 7. Construction of internal streets. Sidewalks along all public streets, including E1 Paseo Road. Extensions of water and sewer lines. Storm water drainage improvements. Installation of fire hydrants Dedication of public utility easements. Participation in traffic signalization based upon a Traffic Impact Analysis (TIA). 1 Z..99-05! CC 3}c~' Rcpor! The proposed single-family subdivision will be subject to the park dedication and park development fees in accordance with the Park Dedication Ordinance (Ord. 98-039). PRIOR ACTION/REVIEW The following is a chronology of Z-99-051 (Shadow Brook Place): June 17, 1999 August 25, 1999 November 16, 1999 December 7, 1999 DRC (Pre-Design) & Application P&Z Date City Council opens the public hearing and continues to January 16, 2000. City Council authorizes pursuit of litigation to resolve drainage issues. ESTIMATED PROJECT SCHEDULE This property must be platted before any development can occur. FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibility of the city. RECOMMENDATION The Planning and Zoning Commission recommends approval of the zoning (5-0). PUBLIC NOTIFICATION Thirty-three (33) property owners within two hundred feet were mailed legal notices concerning the zoning request and one hundred and eighteen (118) residents within five hundred feet were sent courtesy notices informing them of the zoning request (see Attachment 1 - Enclosure 6). As of this writing, five (5) responses have been received. Four property owners are opposed to the proposed One-Family Dwelling (SF-16) zoning district and one (1) is in-favor of it (see Attachment 3). A neighborhood meeting has not been held; however, the applicant mailed an informative letter to all one hundred and eighteen (118) residents within five hundred feet, describing the proposed development (see Attachment 1 - Enclosure 10). 2 Z.99-051 CC,~;~g~f Repor! ]- [6-O0, d(;c ATTACHMENTS 1. Planning and Zoning Commission Staff Report for Z-99-051, August 25, 1999 2. Planning and Zoning Commission Minutes for Z-99-051, August 25, 1999 3. Property Owner Responses (5) 4. Draft Ordinance 5. Petitioner's Letter: Request for Continuance Respectfully submitted: D o(ug~ll ~t9'1~ (~ Director of Planning and Development Prepared by: 'Lafiy/Reich~art ' Development Review Manager 3 PLANNING AND zoNING CoMMIsSION - STAFF REPORT Subject: Shadow Brook Place Staff: waYne Reed, Planner II Case Number: Z-99-051 Agenda Date: August.25, 1999 Hold a public hearing and consider making a recommendation to the City Council concerning the voluntary annexation and zoning of 34.40 acres.to a Single-family 16 (SF-16) zoning district. The intention is to develop a single-family subdivision with a minimum lot size of 16,000 square feet. Location: LOCATION MAP on the south side of El Paseo Street and approximately five hundred (500) feet north of Ryan Road. It is bounded by the Estates of Forrestddge subdivision to the west and the Montecito Del Sur subdivision to the east (see Enclosure 2). Size: 34.40 acres Z-99-05i PZ Staff Reportdoc Applicant: Beverly Stephens WBB & B Holdings, LTD P. O. BOX 50877 · Denton, TX 76206-0877 Owner: E. Wayne and Beverly Stephens 420 El Paseo Street Denton, TX 76205' The subject property is currently undeveloped except for a single-family home. The applicant anticipates that many of the lots in the proposed single-family subdivision will range from three- quarters (%) acre to one (1) acre. To allow this flexibility, the owner is requesting a Single-family 16 (SF-16) zoning district. 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small commercial/retail centers spaced .at about % mile intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas is restricted to 60 trips per day per acre in order to balance land use with road capacity. Staff finds the proposed development to be consistent with both the policies and trip intensity standards of the 1988 DDP (see Enclosure 8). 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) is to be used in conjunction with the 1988 Denton Development Plan in evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to be consistent with the policies of the 1998 DP (see Enclosure 9). The draft Land Use 'Plan identifies this property to be within an "Existing Neighborhood" area. The adopted .Growth Management Strategy states that future residential development within established residential areas, such as this one, should be de~,eloped in a manner that responds to the existing residential development with compatible land uses and patterns. The plan recommends that existing neighborhoods within the City be protected and preserved. The requested zoning designation would be consistent with surrounding zoning districts, protecting and preserving the nature of this residential area. z-99-051 PZ Staff RepoFt. doc 1. Transportation A. Trip generation The proPosed development would generate approximately 669 trips per day if 15uilt out with seventy (70) homes (2.04 lots per acre is an estimated aVerage number of Idts for SF;16). This is thirty-two percent (32%) less than allowed trip generation. Tabl® 1. Proposed Land Use Trip Generation Land Use Average Trip Maximum Buildout Total Trip Generation Per Generation Single-Family (Detached) 9.55 trips/day 70 homes (2.04/ac) 669 Allowed Trip Generation 34.40 acres 60 trips/acre 2,064 Difference 32% below allowed trips - 1,395 * Calculations provided by the Institute of Transportation Engineers, 1991, m B. Access At this time, the proposed development would have one (1) access point onto El Paseo Road. No single-family residential lot would be permitted direct access onto El Paseo Road as it is classified as a collector by the 1998 MObility Plan (see Enclosure 5). Internal streets would have'to be constructed to provide internal circulation for the subdivision. C. Pedestrian Linkages Sidewalks along all public streets are required. Utilities There are existing water and sewer lines along El Paseo Road that could service the development (see Enclosure 3). The existing gravity sanitary sewer line on El Paseo Road flows into the Granada lift station. This facility may require upsizing depending on wastewater demand calculations for the residential subdivision. This issue would be resolved during the platting of the property in compliance with the subdivision and land development regulations of the Code of Ordinances. -- - 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. A preliminary drainage study will be required with the submission of a preliminary plat. The study must include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. The developer must indicate the method by which the run- off will be carried across the property or stored on the property. Z-99-051 PZ Staff Report. doc 4. Signs As per the sign ordinance. 5. Off-Street Parking New development must provide parking aCcording to the regulations of ChaPter~ 35 (35-301) of the - Code of Ordinances. Each single-family lot Shall provide two off-street parking spaces. 6. Landscaping This property will have to comply with the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area), and buffering and screening between residential and nonresidential uses. 7. Open Space and Recreational Areas This residential development will be required to participate in the development of public recreational areas. Through the Park Dedication Ordinance (98-039), this development will contribute to park land dedication and park development fees. Dedication requirements are required during the platting process. Park development fees are required prior to the issuance of building permits. The subject property is currently within the City of Denton's Extraterritorial Jurisdiction (ET J) (see Enclosure 3). The applicant has petitioned to be voluntarily annexed into the City of Denton and has requested a Single-family 16 (SF-16) zoning district classification and land use designation. The subject property is not platted and would need to be platted prior to any development. Notice of the zoning request was published in the Denton Record-Chronicle on August 15, 1999. Thirty-three (33) property owners within two hundred feet were mailed legal notices and one hundred and eighteen (118) residents within five hundred feet were sent cOurtesy notices informing them of the request (see Enclosur_e_6). As of this_writing, ther. e has b_een one (1) response. It is opposed to the request (see Enclosure 7). No neighborhood meeting was held; hoWever, the applicant mailed an informative letter to all one hundred and eighteen (118) residents within five hundred feet, describing the proposed development (see Enclosure 10). Z-99-051 PZ Staff Report. doc ANNEXATION: Staff recommends approval of A-90 for annexation. The annexation service plan indicates that the area can be served (see Enclosure 6). If the pr(~perty is not annexed, utilities and services would still serve it, but city taxes would not be collected..The request is consistent with both the 1988 DDP policies and.the 1998 DP Policies. .~. " ~ ZONING: Staff recommends approval of Z-99-051 for a 34.40 acre Single-family 16 (SF-16) zoning district. The request is consistent with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, the 1999 Growth Management Plan and Strategy, and the draft Land Use Plan. The proposed zoning district provides for compatible land uses and protects existing land uses. ANNEXATION: I move to recommend approval of A-90 finding that: 1. It is consistent with the 1988 Denton Development Plan; 2. It is consistent with the 1998 Denton Plan Policies, 1999 Growth Management Plan and Strategy and the draft Land Use Plan; ZONING: 1. 2. 3. 4. I move to recommend approval of Z-99-051 finding that: It is consistent with the 1988 Denton Development Plan; It is consistent with the 1998 Denton Plan Policies, 1999 Growth Management Plan and Strategy and the draft Land Use Plan; It provides for compatible land uses; It will protect and preserve existing residential properties within the area. 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. - 5. Table item. Z-99-051 PZ Staff Report. doc 1. Vicinity Map. 2. Vicinity Map II. 3.~ Zoning Map, ~4. Utility Map. - ~.. '5.-. Denton Mobility Plan Map. 6. 200'-500' Notification Map. 7. Property Owner Response (1). 8. 1988 Denton Development Plan (DDP)Policies, 9. 1998 Denton Plan (DP) Policies (2 pages). 10. Letter from Beverly Stephens to Residents. 11. Annexation Schedule (A-90). 12. Annexation Service Plan (A-90). 13, Draft Zoning Ordinance. Z-99-051 PZ Staff Report.doc Z-99-051 ENCLOSURE (SHADOW BROOK PLACE) NORTH VICINITY MAP Agenda Date: August 25, 1999 Scale: None 10. Z-99-051 ENCLOSURE 2 (SHADOW BROOK PLACE) NORTH VICINITY ~-MAP- II Agenda Date: August25,1999 ~. 11. · Scale: None Z-99-051 ENCLOSURE 3 ,~ (SHADOW BROOK PLACE) NORTH ZONING MAP Agenda Date: August25,1999 Scale: None 'ENCLOSURE. 4 . : Z-99-051 (SHADOW BROOK PLACE) NORTH EXISTING UTILITIES MAP Hydrants Water Line (W. L.) Sewer Line (S. L.) Agenda Date: August 25, 1999 Scale: None Z-99-051 'ENCLOSURE5 ~ (SHADOW BROOK PLACE) .NORTH itt DENTON MOBILITY PLAN MAP /~. Freeways ,,'~',,,,' Primary Major Arterials ,,'.',,,,' Secondary Major Arterials ....'* *...../' Collectors ' Agenda Date: August25,1999 Scale: None Z-99-051 ENCLOSURE 6 i (SHADOW BROOK PLACE) NORTH 200-500 FOOT NOTICE MAP Agenda Date: August25,1999 15. Scale: None ...................... : ~ P. OI RUG"I.g-g9 THU 0[;:51 tgl ,~-~ ,: '-~ . .... Z-99-051 ~ Planning and Zoning Commission of th& Cqty of Denton will hold a public hearing on Wedneed</y, augu 25. · 1999, to consider zoning a 34.40 acre site located on the south side of El Paseo Street and ·:. -., ........ -... : )~: .. . .ound.ed by.the.E$~/es of'Fores~d e su ._west ahd.tiie MontecitO.Del Sur su ...... ' · _.~_;=:. ;.. !g. ~ b~.~sion t. othe .. · .~ , ,~,, ........... ... b.cl'wis_!..on to ~e east. .Thu property is lega,y aescdl~l as Tracts . -, ~,, ,~ ,a, ~ arm ~ OUt o~ the A. G~bson Survey (Abstract 498) in Denton County, Texas. purpose of the zoning change is to develop a single-family subdivision with a' minimum lot size of 16,000 square feet. The property is presentN moving forward wflh a concurrent voluntary annexati6n requesL (City Counc~q will consider both the anexation and ~oning requests on October 19, 1999,) The.public hearing will start at 5:30 p.r~. in the C,~ Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you ow~ properly within two huh'tired (200) feet of the subject properZy, th& Planning and Zoning Comm/ssioo would I/ke to hea~ how you feel abou~ this zoning change request and invites you to attend the public headr, g. Please, in order for your opinion to .... .be taken Jato accou~t,-retum this form ~th-Your. cerements prler:tc '.?.c dete of the p~li¢-h~n.g.--(-~ ....... ~n no wa), prohibits you from ettendin9 and participating/n the pub/lc hearing.) You .may fax it' to the' numbe, r located at the bottom, mail it to the address below, or drop it off ~n. -person:. Planning and Development Department ~1 N. Elm ST Denton, Texas 76201 Attn: Wayne Reed, Planner il The zoning process includes two :pUblic. hearir~gs designed .to provide OpPortunities for.Citizen involvement.and comment.. Prlor to the public hearings, landowners w'~in two. hundred (200) feet 6f the gubject property are notified of the zoning request by way of this notice. The first public hearing-is held before the Plannlng and Zoning Commission. The Commission is iriformed of the percent of responses in support and in opposition. Second, b~e zoning petition is forwarded to the City Council for final addon providing the Commission recommends approval, Should the Commission. recommend denial, the petitioner may then appeal the requast to the City Council. If own.e, rs of more than twenty. (20) percent o1 the land area wrd~ln'two hundred (200) feet of the site submit w, tten opposition, then out of seven votes of the City Counctl are required to approve the zonlng change. These forms are used to calculate the percentage of landowner opposi~on. ' ' Please circle one: CITY OFDENTON, TEXAS crrr HN.L WEST - oem-c~, TEX~ 7az0;. s4o.a4s .~o · 09 ~40~49.7707 ENCLOSURE 18 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are intended to be developed Primarily for single family residential development. Neighborhoods are to be serviced by a network of small commercial/retail centers spaced at about % mile intervals with' direct access to a colleCtor type street or larger thorOughfare. Vehicular trip generation due to development within Low Intensity Areas is restricted to 60 trips Per day per acre in order to balance land use with road capacity. Staff finds the proposed development to be consistent with both the policies and trip intensity standards of the ~1988 DDP. The table below provides a summary of the 1988 Denton Development Plan policies applicable to this project: Denton Development Plan Policy Analysis Summary Low Intensity Area Development Rating vs. Policy Significantly Somewhat POLICY COMMENTS Inconsistent Inconsistent Consistent Intent. These areas represent primary housing areas within the ab/. X Intensity. To be consistent with the Nlowed Intensity = x trips/acre Plan, a development should not exceed its Nlocated Intensity = x trips/site allocated intensity. X Site Plan Control. Strict property development control within 1,600 feet of e~sfing Iow density residential areas. X Traffic Design. Access should be provided to ensure that multi-family or non-resldentlal uses have access to collectom or larger arterials with no direct a__~:e~___ through residential streets. X Open Space. Suffident green space, recreational fadlitles and diverslb/of parks are provided. X Public ParUdpaflon. Input Into planning by neighborhood assodaUons and coundls is encouraged. X - Land Use Diversity, Non-resldenUal and multi,family development Is encouraged to . [ a limited degree. __ _ X Manufactured Housing. This form of single-family housing may be compatible with developments In the Iow intensity areas subject to conditions. N/A Strip Commercial. Any form of , continuous strip commerdal Is strongly discouraged in/or near Iow Intensib/areas. X Z-99-051 PZ Staff Reportdoc The 1998 Denton Plan (DP) is to be used in conjunction with the 1988 Denton Development Plan in evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to be consistent with the policies of the 1998 DP. The table below provides a summary of the 1998 Denton Plan PoliCies apPlicable t° this prOject: Denton Plan ' " Policy Analysis Summary Development Rating vs. Policy POLI'CY Znconsistent ~ Con~'ent CATAGORY TransportaUon, Compliments Denton's Long-Range ThoroUghfare Plan. X Promotes Access Management Practices X Optimizes operations for emergency service providem and other public service providem,~ X Promotes public transportation system, ~ X Contributes to the Denton Trails network,~ X Stormwater Drainage. Protects lO0-year floodplain areas In accordance with Denton's watershed management plans. X Conforms to local subdivision regulations. ~ ~ X Contributes to regional detenUon fadlities. X Provides for natural dpadan environment along floodplain, ~ X Upgrades ex]sting substandard drainage systems as Infill and redevelopment occur,~~ X Water and Develops and maintains property and private Wastewater, infrastructure,~ X Creates opportunity for oversizing water and wastewater lines to meet future development demands, Provides review of proposed water and wastewater infrastructure to ensure public safety and health.~ X Promotes Infiil improvements over new line extensions. Electric. provides underground electric service for new residential and nonresidential development.~ X Solid Waste. Promotes effident access to all development for solid waste service delivery.~ X · Parks and RecreaUon. Locates Parks and recreation fadlities in accordance with the Parks and Recreation Strategic Plan. X Enhan~parks and recreatio~ opportunities roi; residents. ~ ~ ~ ~ X Preserves floodplain for parks and open space to aid in floodplain consarvation efforts. ~l~ X Allows combining of parks with other public fadlities to achieve cost-effective delivery of public services. ,~ X Residential development should dedicate land or fees in lieu of land for neighborhood parks.~. ........................ X Environmental quality. Promotes preservaUon of natural resources. ~ ~ ~ ~ X '.tegrates environmental prote~on with economic ~ ~ x growth and community development. X z-99-o51 PZ Staff Repartdoc 1998 Denton Plan Policies Analysis (continued) Denton Plan Policy Analysis Summary Development Rating vs. Policy · Not CATAGORY POL:iCY ' inconsistent Applicable consistent Neighborhoods. Provides access to public and community fadlities for residential neighborhoods. ~~ X Encourages a mixture of land uses that benefit residents. !~~ X Protects and preserves existing neighborhoods. ~ ~ X Promotes bio/de and pedestrian traffic within and ~ ~ between neighborhoods to reduce vehicular b'ips. X Housing. Provldes a range of housing types that appeal to diffedng l~ economic and Individual life-styles. X and pdce ranges.Offers a variety of single-family lot sizes, building sizes, X ~ !~ ~ Preserves existing housing, induding affordable housing. ~ ~ ~ ~ Increases Infill housing construction. ~ ~ Economic Contributes to a si~ong and diversified local economy by ~ Diversification, Increasing employment and expanding the tax base. X Government' cost.effectiveEnC°urages Intergovemmentalpublic services, coordination to provide ~ Urban Design. AddresSeSmanner. community appearance in a comprehensive ~ ~ Diversifies architectural appearance of built environment. Neighborhood infill development should be compatible ~ with existing land uses and buildings. histodcalPr°tects andresources.preserves Denton's architectural, cultural and ~ Enhances the appearance along major entranceways. ~ Promotes the preservation of trees and landscaping. ~ X Public ~[nvolvement. Provides an opportunity for public opinion during the ~ planning process. X Z-99-051 PZ Staff Report. doc ~ENCLOSURE 10 SHADOW.BROOK PLACE As you have b~n notified by the City of Denton, the City has been asked to annex the property behind 420 and 500 E1 Paseo Street, consisting of approximately 34 acres. $F-16 zoning has been requested, and plans are unde~vay to de,}elop the property into a quiet area of beauty and privacy for custom homes on spacious lots,. including a new home for ourselves. The area has been named SHADOW BROOK PLACE. Lots will be highly restricted asto use, and most lots will require a minlmura of 3,800 sq. fi. living area (single story homes) and 3,400 sq. ft. first level ~iving area for two story homes; Because there was no zoning offered between SF-16 (16,000 sq. ft. lot) and a mmlng o£ 43,$60 sq. i~..(one full a~re lot) we have applied for the SF-16. However, plans include lots ranging from approximately I/2 acre to almost one full acre, taking into consideration existing deed restrictions of ~A acre minimum on some of the acreage involved. We have conferred with the City regarding beautifying the flood plain by re~.ofing the previous water, ay (removing the s~t), and cleating brush and brambles · o that mature, beautiful tr¢~ can fill out and continue to grow in a park-like greenbelt through the flood plai~ · ': 'Some lots v/il{' baOk.up to the grgen belt,, and the' park'and Waterway b~hind. hhem' veil beautify'the ~ea and be of beheflt for 'those lots and the'orbit E-~d~.~ of Shadow Brook Place, as well as those of you to the east. Pro~ont plan~ include a walkway (back fiom the water) through the green belt with benches and gas-type soR lights; a picnic area; fishing pier, and attractive landscaping throughout the area. · Plans are to manicure the west side of the creek/lake to the water's edge (grass and flowers), with perhaps a small circulating fotultain ill tho moro ~.hall0W aloe to ke.m~r th.~ water moving and as clear as possible.' We are writing you now so that you ~ be familiar with current plans. These things seems to take a long time, but we feel the end result w[ll benefit everyone when it is completed, and we look forward to remaininl~ in the area. If you have question% or ifyou live on the east ride and would like to jo/n in- the ·project on your side, we would welcome your input. Please contact Beverly · :" :: '. :-: :St'-~.'.h_en~at94°'387'-7~3~"..'.:".,: .": i.":.' .':..:. '...'.. :..'::.'i.:~, ".: :.' '.'..".: :': '" :: '."..." .-'.. --~---' '-' .":"' ' ' -' ' .' sin%e:yl.". ,' ~' '"': ":'" · ' :" "' ' PLANNING & DEVELOPMENT Beverly~tepheP~President Pos~ O~-.-io,c. Box 50877 · DENUCON, TX 76206 · TEL/FAX (940) 387-7731 .... .. :'-': ....... ?:o. :-.. ': ....... ... ENCLOSURE I1 ~ VOLUNTARY ANNEXATION SCHEDULE: SHADOW BROOK PLACE (A-90) Revised July 2 ~", 1999 Saturday, July 24th Sunday, August 1st Tuesday, August 3rd Notice published in Denton Record-Chronicle for first City Council public hearing concerning annexation. . Notice published in Denton Record-Chronicle for seCond City Council public hearing concerning annexation. City Council conducts first public hearinq. · Public notice must be no less than 10 days and no more than 20 days before public hearing. ~ Annexation Study prepared and available for public review. n Service Plan prepared and available for public review. Sunday, August8~ Notice published in Denton Record-Chronicle for Planning and Zoning Commission public hearing concerning annexation and proposed zoning. Tuesday, August17~ City Council conducts second public hearing. · Public notice must be no less than 10 days and no more than 20 days before Public hearing. Wednesday, August25~ Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and proposed zoning. · Public notice must be no less than 10 days before public hearing. Tuesday, September 7th City Council by a four-fifths vote institutes annexation proceedings. First reading of annexation ordinance. · Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sunday, September 12th Publication of annexation ordinance with service plan in DentOn -Record-Chronicle. Sunday, September 12th'- Notice published in Denton Rec~)rd-Chronicle for City Council public hearing concerning annexation and proposed zoning. · Public notice must be no less than 15 days before public hearing. Tuesday, October 19th City Council by a four-fifths vote takes final action. Second readinq and adoption of the annexation ordinance. City Council considers approval of zoning request. · Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes annexation proceedings. Annexation .gchedule. doc 211-' ENCLOSURE ~ 12 ANNEXATION SERVICE PLAN CASE NUMBER: AREA: LOCATION: A-90 (Shadow Brook Place) 34.40 acres · On the south side of E1Paseo Road and apProximately five hundred (500) feet north of Ryan Road in Deri/on's extraterritorial jurisdiction (ETJ). It is adjacent to the Estates of Forrestridge subdivision to the west, the Montecito subdivision to the north, and the Montecito Del Sur subdivision to the east. ~ Municipal services to the site described above'shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule: A. Police Protection Police service, including patrolling, response to calls, and other routine functions, will be provided to the property on the effective date of the annexation using existing personnel and equipment. B. Fire Protection Fire prOtection (within the limits of existing hydrants) and emergency medical services Will be provided to the property on the effective date of the annexation using existing personnel and equipment. Solid Waste Collection Solid waste collection service will be provided to the property on the effective date of the annexation using existing personnel and equipment. Water/Wastewater Facilities Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be begin on the effective date of the annexation using existing personnel and equipment. · E. Roads and Streets 1. Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin on the effective date of the annexation using existing personnel and equipment. F. Parks and Recreation Facilities 1. Maintenance of Parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin on the effective date of the annexation using existing personnel and equipment. However, there are no existing parks, playgrounds, swimming pools, and other recreational facilitie's in the area. .4-90 (Short) Servlc¢ Plan.doc ANNEXATION SERVICE PLAN (A-90) Shadow Brook Place He Electric Facilities 1. Electric util!ty serVice will 'be provided on the effective date of the. annexation using existing persOnnel and equipment. Library Services 1. Library services will be provided on the effective date of the ant~exation using existing personnel and equipment. Code Enforcement, Building Inspections 'and Consumer Health Services 1. Code enforcement, building inspections and consumer health serVices will be provided on the effective date of the annexation using existing personnel and equipment. Planning and Development Services 1. Planning and development services will be provided on the effective date of the annexation using existing personnel and equipment. The Planning and Development Department currently provides services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. Capital Improvements Program (CIP) The CIP of the city is prioritized according to the following guidelines: (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of providing a specific facility or improvement. The annexed area will be considered for CIP improvements in the upcoming CIP plan. This property will be considered according to the established guidelines. .4-90 ($horO Service Plon.doc 23. ~ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A SINGLE- FAMII.Y 16 (SF-16) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 34.40 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF EL .PASEO STREET AND APPROXIMATELY FIVE. HUNDRED (500) FEET NORTH OF RYAN ROAD. 'IT IS BOUNDED BY THE ESTATES OF FORRESTRIDGE SUBDIVISION TO THE WEST AND THE MONTBCITO DEL SUR SUBDMSION TO THE EAST; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;' AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-051) WHEREAS, Beverly Stephens, has applied for a Single-family 16 (SF-16) zoning district classification and use designation for 34.40 acres of land; and WHEREAS, on August 25, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY oRDAINs: SECTION 1. That the zoning district classification and use designation of the 34.40 acre property described in the legal 'description attached hereto and incorporated herein as Exhibit A is a Single-family 16 (SF-16) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION 2. That the City's official zoning map is amended to show the zoning district classification. SECTION 3. That any person violating any provision of this ordinance shall, upon conviction, be freed a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. That this ordinance shall become effective fourteen (14) days l~om the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper pub, lished in the City of Denton, Texas, within ten (10) days of the date of its passage. 24. PASSED AND APPROVED this the day of ,1999. JACK MIl LBR, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY · BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Planning and Zoning Commission Mi~ August 25, 1999 Page 2 of 4 ATTACHMENT 2 PUBLIC HEARING - COMP PLAN 5. Hold the first of two public hearings regarding the draft Denton Comp Plan. ~DiscussiOn 0fitem is inclUded i'n COurt Rep°~ter% transcript attaChed to thisset of.minutes PUBLIC HEARING- ZONING CHANGE 6. Shadow Brook Place. 34.40 acres located on the south side of El Paseo Street and approximately five hundred (500) feet north of Ryan Road. a. Hold a public hearing and consider making a recommendation to the city Council regarding the voluntary annexation, (A-90) Motion by Perry McNeitl and seconded by Salty Rishe! to recommend approval to City Council. *Discussion of item is included in Court Reporter's transcript attached to this set of minutes (Page 64), Motion carries 5-0. Hold a public hearing and consider making a recommendation to the City Council regarding the zoning. The applicant is requesting a Single-family 16 (SF,16) zoning distdct for the entire tract. It is bounded by the Estates of Forrestridge subdivision to the west and the Montecito Del Sur subdivision to the east. The propoSal is to develop a single-family subdivision with a minimum lot size of 16,000 square feet. (Z-99-051, Shadow Brook Place, Wayne.Reed) Motion by Salty Rishel and seconded by Elizabeth Gourdie to recommend approval to City Council. *Discussion of item is included in Court Reporter's transcript attached to this set of minutes (Page 68). Motion carries 5-0. Hold a public hearing and consider making a recomm{ Council concerning the rezoning of 0.70 acres from a Commercial (C) zoning district to a Central Business (CB) zoning district. The property is located on the north side of E. Oak Street · between Austin Street and Oakland Street. The Proposal is to redevelop the site with a mix of residential, office and commercial uses. (Z-99,057, 201-215 E. Oak Street, Wayne Reed) Motion by Elizabeth Gourdie and seconded by Salty Rishel to recommend approval to City Council. *Discussion of item is included in Court Reporter's transcript attached to this set of minutes (Page 88). Motion carries 5-0. Hold a public hearing and consider making a recommendation to City Council regarding the rezoning of a 0.45 acre site from an Agricultural (A) zoning district to an Office (O) zoning district. The property is located at 103 Woodrow Lane, south of East McKinney. The purpose of the zoning change is to allow for the development of a professional office. (Z-99-058, 103 Woodrow, Thomas B. Gray) 26. CondcnscltTM Page 61 Page 63 I graphics that can show you how all those neighborhoods I Council me,ting that one of the Concil members asked 2 could inter-react to each other just like they do today. 2 could you give us some examples of those. 'And I asked 3 MS. C-OUm)m: That might be helpful because 4 I think we're all envisioning pile up. And I think to 5 dispel this fear that wc all have as to seeing just one 6 big neighborhood center down thc road, I think a visual 7 would he wonderful to help us understand the situation. 8 MS. MCBETH: I'll try to put something 9 together for.you. 10 MS. GOURDIE: Thank you. 3 that at the workshop and Mr. Donaldson said, well, 4 Denton 50 years ago. Unfortunately, it is 50 years 5 later. We do have a minimum mass transit but ff we're 6 trying to accomplish this mega-growth in smaller areas, 7 we,ve got to take care of those people getting from . 8 place to place with roads that aren't designed at. 9 current levels for those types Of tranSPortation or 10 we'll to have pay for a new mass transit or expand a , 11 12 comments for staff?. Let me ask, and I don't know -- was 13 there someone else here who had come up and requested to 14 speak? Mr. Reed, was there someone else who came and 15 requested to speak? Commissioners, it appears there was 16 someone else who came in, do you have any problem if we 16 17 open thc public heating and go ahead and take the 17 MR. ENGELBRECHT: Other questions or 11 12 13 14 15 18 comment tonight? Okay. In that case, we're going to 19 reopen thc public heating. If you would please come up 20 and givc us your namc and address for thc record and 21 we'll go ahead and take your comments. 22 MS. DRAEVITCH: Thank you, Chairman 23 Engelbrocht. I name is Debra Draeviteh. My address is 24 2221 Stonegate. I'm very sorry I came in at the end. mass transit system. I think those mixed use centers are wonderful. I don't see any reason why they can't he accomplished under your current Comprehensive Denton Development Plan that you adopted, or that the City adopted some years ago. With a planned unit development you can have all that and see how it looks and see how 18 it works before you make this radical departure from 19 your existing philosophy and regulations. 20 I just know that 13 years ago a lot of 21 citizens spent a lot of time and gave a lot of thought 22 for that plan. And I'm not sure what we're trading for 23 and I think that there have been -- I'm real glad that 24 Commissioner Gourdie asked for some examples and some 25 I'm juggling a church meeting with this meeting. And, 25 Page 62 I in any event, I want you to know that I attended the l 2 neighborhood meeting on the plan at Sam Houston, as well 2 3 as both community workshops and was very enthused to 3 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 draWings and some real-life places that we can go and Page 64 see where this has worked before we trade in what -- or we vote -- or you vote to trade in what we have for this better way of life. And I'd be pleased to reSPond to hear that the plan was going to address the quality, the quantity, the location, and the timing of growth in Denton. As a parent of school children who if you have an opportunity to cldve by any of the schools with all the portables, you know the crisis situation that exists with respect to the infrastructure and the lack of it for our schools. Other communities who are grappling with this issue have worked to manage and control their growth so that they are able to provide for those school children. Unfortunately, this document that you're 4 any questions. 5 MR. ENGELBRECHT: Commissioners, any 6 questions? It appears not. Thank you. Since we did 7 give you an opportunity, is there anyone else who has 8 come in and is present who would like to address the 9 draft Comprehensive Plan? In that case, public hearing 10 is dosed. And we will move -- actually, it is 7:00 11 o'clock and if Commissioners have no other commentS with 12 regard to this issue, we will break and return at 7:301 14 MR. ENGELBRECHT: okay. Ladies and 15 gentlemen, at this time if I could have your attention, considering docs not provide for any of those methods of management of growth. Indeed, I respect Commissioner Moreno's questioning as far as what some of the other neighboring communities are looking at as far as densities in order to manage their growth so that they can provide for their existing citizens and school children. The concept of a neighbor -- that mixed use area that Commissioner Gourdie talked about is, indeed, a v~y enticing one. I understand at last night's 16 I will reconvene the meeting and we'll move on to 17 Agenda Item 6'this evening. We are now moving into 18 the public hearings with regard to zoning changes portion of our Agenda. Item 6 is in two parts. Shadow Brook Place is 34.4 seres looated on the south 21 s. lde Of E1 Pasco Street and approximately 500 feet north 22 of Ryan Road. Item A is to hold a public hearing and 23 consider making a recommendation to the City Council 24 regarding voluntary annexation. I believe Mr. Reed is 25 going to -- at this time I'll open the public hearing. PLANNING & ZONING AUGUST 25, 1999 Page 61 - Page 64 27. CondenseltTM Page 65 I I believe Mr. Reed is going to provide us with the staff 2 report. 3 MR. REED: Thank you, Commissioner 4 Engelbrecht, and good evening, Commissioners. At this Page 67 I record, busifiess address. 2 MS. STEPHENS: Beverly Stephens, 420 El 3 Pasco Street. We live right next to this property and ' 4 we are one of the investors that are developing th~ 5 time I'm going to pass out a copy of additional 6 responses that staff has received since the staff 7 report. 8 MR. ENGELBRECHT: with regard to the 9. annexation? 5 property. 6 MR. ENGELBRECHT: commissioners, any ? . questions? It appears not. Thank you: Is there anyone 8 .Present Who would like to speak in favOr of this 9' annexation?' Anyone present to speak in favor of the 1o 11 Commissioner Engelbrecht, would you repeat yourself to 12 me, as I was messing around with my folders, are we just 13 doing the public hearing now for the annexation? 14 MR. ENGELBRECHT: This is listed as two 15 separate public hearings so I simply read A, to hold a 16 public hearing regarding voluntary annexation. 17 MR. REED: All right. The subject 34.4-acre 18 site is located in south Denton and is surrounded by 19 existing neighborhoods, specifically the Forrestridge 20 subdivision to the west and the Montecito subdivision to 21 the east. To the south of this property -- and ftrst of 22 all, this property is within a little enclave of the 23 which stretches north from Ryan Road in between these 24 two existing subdivisions that I've mentioned. 25 Previously within the past six months, we've annexed two MR. REED: With regard to the zoning. 10 annexation? 11 In that case, is there anyone present to 12 speak in opposition to thc annexation? Anyone present 13 to speak in opposition of the annexation? Seeing no 14 opposition, we will waive rebuttal. The public he~_~_4ng 15 is dosed. Mr. Reed, any final staff remarks? We have 16 your staff recommendation here. 17 MR. REED: That's correct. Staff does 18 recommend approval or for the P&Z to recommend approval 19 to City Council of the voluntary annexation. 20 MR. ENGELBRECHT: All right. Any questions 21 for staff, comments, or a motion? 22 MR, MCNEILL: I'll make a motion thai we 23 recommend approval or A-90 f'mdiag that it's consistent 24 with the '88 Denton Plan, it's consistent with the 1998 25 Denton Plan Policies and the Growth Management from '99. Page 66 I properties to the south here. One was referred to as 1 2 Thistle Hill and that was Annexation No. 79. A previous 2 3 one to that, Ryan Ranch, Annexation No. 78, you can see 3 4 on the vicinity map. So this one is just north of those 4 Page 68 I recommend that --I make a motion that we annex A-90. MR. RISHEL: second. MR. ENGELBRECHT: It*S b~en moved and seconded to recommend approval. Any discussion? If 5 twO. 6 The annexation is consistent with our City 7 policy of looking at property outside the City limits 8 which is contiguous with our existing boundaries and 9 annexing it when development is proposed that triggers 10 the annexation policy. I'd be happy to answer any 11 questions. 12 MR. ENGELBRECHT: commissioners, any 13 questions? Appears not. Thank you. Mr. Reed, is the 14 City the petitioner in this case? 15 MIL REED: NO, this is a voluntary 16 annexation. 17 MR. ENGELBRECHT: All right. Is thc 18 petitioner or petitioner's representative present? Il' 19 you would -- would you care to make any remarks with 20 regard to the annexation? We'll take the zoning in a 21 moment. 22 MS. STEPHENS: I really don't have any 23 remarks. 24 MIL ENGELBRECHT: If I could interrupt you, 25 if you could give us your name and address for the 5 not, would you vote on the motion using our little 6 electronic system here. And motion is passed 7 unanimously. $ Okay. Item 6B then is to hold a public 9 hearing and consider making a recommendation to the City 10 Council regarding the zoning. The applicant is 11 requesting a Single-Family 16 zoning district for the 12 entire tract. It is bounded by the Estates of 13 Forrestridge subdivision to the west and the~Montecito 14 Del Sur subdivision to the east. The proposal is to 15 develop a single-family subdivision with a r~;nimum lot 16 size of 16,000 square feet. At this time I'll open the 17 public hearing find ask Mr. Reed to provide us with a 18 staff report. 19 MIL REED: Thank you. The requested zoning 20 for this 34-acre property is Single-Family 16 which is 21 consistent with the neighborhoods surrounding it. Some 22 ~f om' policies in our Comprehensive Plan talked 23 directly to the idea of protecting existing 24 neighborhoods. And one way to do that is with request 25 to zone property adjacent to existing neighborhoods is PLANNING & ZONING AUGUST 25, 1999 Page 65 - Page 68 28. Condenseltm Page 69 I to apply _s!milar zoning districts. So the applicants' 2 request here -- is the overhead -- t. bank you -- is to 3 zone it similarly to the existing zoning districts. The 4 applicants' request is identical to the existing zoning 5 of the neighborhoods around it. So, in effect, the 6 property will develop with a minlraum lot size of 16,000 ? square feet which is consistent with. the neighborhoods 8 around here. 9 Zoning regulations, another form of 10 restriction on lot size is deed restrictions. These arc I 1 private contracts between the property owners and -- the 12 original property owners and subsequent property owners. Page 71 13 Staff is actually aware that the bottom one-third of the 14 property, of the site acWally has deed restrictions 15 limiting lot sizes to no less than three-quarters. I 16 just thought I'd provide that information to you. So in 17 addition to zoning regulations, there are some deed 18 restrictions that will limit lot sizes here. 19 I'd like to talk about the notification. 20 Staff mailed 33 legal notices by certified mail to 21 property owners within 200 feet and mailed another 118 22 courtesy letters to residents within 500 feet. As of 23 the staff report I had received one response and it was 24 in opposition. As of today I've received four and they 25 arc all in opposition. I did not have the map printout I attached to it, but there are exkdlng neighborhoods 2 where zoning regulations probably allow smaller lot 3 sizos than thc deed restrctinns do and thc deed 4 restrctiens are held in force. And thls~ by no n~ans, 5 invalidates the deed rest~ctiens. 6 MIL RISHEL: DOes not circumvent with our -- ? MR. REED: It does not. 8 . ' .MR..EIaoELBRECHT: Let me ask you, we have an ' 9 estate lot category, I believe. I can't the remember 10 the title exactly. Is that not what it's called? 11 MR. DONALDSON: We have a cross-section for 12 street standards that we call an estate street. In Page 70 I with the addresses so I'm not sure exactly where on the 2 streets these properties are, but I did note that one 3 was on Wellington Oaks Circle, two on Forrestridge 4 Drive, and one on Santiago Place. 5 Again, the request for zoning is consistent 6 with the 1988 Denton Development Plan and the 1998 7 Denton Plan Policies and 1999 Growth Management Plan and 8 Strategies and the draft Land Use Plan. I'd be happy to 13 order tb qualify to do an estate street you have to have 14 a minimum one-acre lot size and a minimum of 100 lineal 15 feet of frontage. 16 MR. ENGELBRECHT: My question then is in the 17 event that this is zoned $F-16 and let's assume for a 18 moment that some of it is deed restricted to minimum of 19 one-acre lots, would they by right be able to build the 20 estate-type street or because it's zoned SF-16, would 21 they be required to put in that sF-16 type street? 22 MR. DONALDSON: NO, that would be a function 23 of the actual plat rather than the zoning so they can 24 always choose to plat lots that are greater than the 25 zoning. So if they came in with the plat that had 9 answer any questions. 10 MR. EN'GELBRECHT: commissioners, any 11 questions for Mr. Reed? Mr. McNeill. 12 13 14 15 16 17 18 19 20 21 22 23 24 not common place, many subdivisions are developed with 25 an original plat which may have some deed restrictions MR. MCNEILL: The letters that you got in opposition, were there any reasons why they were in opposition? MR. REED: NO. In fact, there were no comments written on those. MR. MCNEILL: okay. Thank you. MR. ENGELBRECHT: MI'. Reed, in regard to the deed restriction issue, are we being inconsistent by -- or is the applicant being inconsistent in the sense of requesting zoning which is smaller than what deed restxictions would allow? MR. REED: NO. I think you'd find that -- 23 24 PLANNING & ZONING AUGUST 25, 1999 2 9. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Page 72 nothing but one-acre lots adjacent to the streets and they had the minimum frontage, they would be allowed to use the estate section. MR. ENGELBRECHT: Any other questions for staff?. MR. RISHEL: But the deed restrictions in this case do not specify a one-acre lot, they're more like three-quarters of an acre. MR. REED: Three-quarter acre. MR. RISHEL: So the ~n_t¢ planning would not apply to that? MR. R ED: Right. MR. ENGELBRECHT: Ally other questions for staff?. Thank you, Mr. Reed. Is petitioner or petitioner's representative present.'? Do you care to make any comment. If you would again give us your name and address f6r the record. MS. STEPHENS: Beverly Stephens, 420 E1 Pasco Street, and I would be glad to answer any questions. I did not send in a card to speak in favor. .I guess i can give you a little bit of background information here. We do plan to -- because we were planning larger lots, we asked for thc sF-16 because the next zoning we would have to ask for was thc full one acre. We plan to build a new home there ourselves. We Page 69 - Page 72 CondcnscltTM Page 73 I do want large lots. 2 Right now -- we initially planned and I have 3 a little bit of a -- the initial layout that the 4 en~ueers did for us had all of the lots at least 5 three-quarters of an acre and some were even like 1.2 6 acres. However, we have found that not only on this 7 south 12 acres is there a three-q~ ~ minimum, 8 there is 150-foot frontage requirement. And these 9 little cul-de-sacs did not fdl those requirements~' 10 The engineers had also -- we want to put a 11 greenbelt along the flood plain and Allen Williams, 12 who's going to be our supervisor and coordinating this ! 3 project has been in touch with the City regarding 14 restoring this little creek area and making a really 15 pretty ~ for some of the lots to back onto. The 16 greenbelt area would be all down this side and some of 17 tho Iots would back onto it. However, we have come up 18 with some problems, not only the 150-foot frontage, but 19 we have one big beautiful tree that's right in the 20 rdddle of that street. 21 So there are going to be several changes 22 made to this. And ! just sent out a letter to the 23 neighbors, because they see activity and I'm sure they 24 want to know what's going on here, and told them that we 25 are planning a subdivision with no less than half-acre 5 6 7 8 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 : Page 74 I lots. Should one of these have to be reduced, it 2 wouldn't go less than half an acre. And the rest of 3 them in this 12 acres will be, of course, three-quarter 4 acre and maybe even larger. 5 But we don't have -- everything to do with 6 development these days is just backed up and we don't 7 have our final revisions yet as to exactly what they 8 contemplate that we can do here to keep in-line with the 9 deed restrictions and still set up -- we didn't want 10 just a square box here with square lots and whatever, 11 and we did want large lots. I think Denton is very, 12 short of area for custom homes on spacious lots. And 13 because we do want to stay in the area, this was our 14 choice, too, as a place to build. 15 There are -- oh, some of the points that I 16 probably could make, we have had several people say 17 because we raised horses there for 15 years, and they 18 said, oh, please don't take our beautiful horse pasture. 19 You know, our children like to come out and ~e~ the ~0 horses, all kinds of personal things that these changes 21 are going to affect. And we understand that but we also 22 feel like the whole development will be an asset. Right 23 now, it is a vacant piece of land. There are no horses 24 there anymore. It's dry. It's ugly. There is no way 25 that a pretty greenbelt, beautiful manicured lawns, and Page 75 beautiful h6mes would not improve the area. And so we are asking for the zoning and we will work with the City. I think Allen has been working with the City regarding thc greenbelt, but until it becomes the City right-of-way, we, you know, haven't made any final plans. Wc*vc just trimmed up trees and tried t? get enough brush out, that we can even find where the little creek is in there. M~. '~GEL~P~cI~r: Okay. Thank'you: Any questions for Ms. Stephens? It appears not. Thank you very much. Is there anyone present who would like to speak in favor of this petition? Anyone present to speak in favor of the petition? In that case, is there anyone present to spark in opposition to thc petition? Yes, sir. If you would please give us your name and address for the record. MP,. Ct. ARK: Jim Clark, 3501 Forrestridge Drive. And I think opposition is probably a bad word because I feel like I'm voting on something without the information because I got three pieces of information within the past two weeks. Other than that for a year, I back right up to the property, I've been watching fences torn down, stables torn down, which is all development. I don't have a problem with that. In PLANNING & ZONING AUGUST 25, 1999 Page 76 I matter of fact, my rat problem is gone away now because 2 the stables are gone. So that*s good. I've been 3 watching dirt being carried in and everything else. We 4 know something is going on. I just don't think there's 5 information. 6 For instance, like she already mentioned, I 7 get the notice it's three-qusrters of an acre, and then 8 I get the letter, it's a half an acre. So we've already 9 got a 33 percent reduction, sv-15, that's another 33 10 percent reduction. Ia truth in advertising, so far in 11 Denton the past ten years I lived here, people ask for 12 A, they get Z approved, and they build somewhere around 13 M. So I'm saying if they ask for A, grant them A and 14 don't give tlxa~ the wriggle room in between. 15 The other thlng, in the letter it talked 16 about duty and privacy and also, without no information, 17 I also heard tlffs talk about it being a gated community. 18 Do you know if that - is that being requested? Is it 19 going to b~ a gated community? Is that part of it? I 20 don't know. There's a lot of stuff in this information 21 I don't know. The plat we don't know because there's 22 going to be changes. So it's not in opposition, I just 23 need more information because I know it's going to be 24 developed. It's going to turn out beautiful. It's a 25 great property back there. I know a lot of flood plain Page 73 - Page 76 CondcnscltTM 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 19 Page 77 was involved at one time. They've been carrying dirt back there for nine months so the elevations I know have changed sinoe the original ones because of the mount of dirt back there. My objections to something may not even exist. I don't want a gated community because this is a well-established community on Forrestridge on one side. · and Monteeito on the other,' I want to be part of. development but one thing I Was concerned about her 9 plat, this is the first time I saw it, was it looks like 10 to me that some of the lots, the houses, the. backs of 11 the houses will be on E1 Pasco. They've now turned a 12 street that has frontal houses with back houses. I 13 mean, this is more information you don't know. It seems 14 like you're having to vote on something without the 15 information. Is that true? I don't like the lot size 16 varying. If she wants three-quarters of an acre, even 17 if you have to make a new one, grant three-quarters of 18 an aero. If she wants a half, grant a half. I don't 19 1 2 3 4 5 6 7 8 Page 79 20 like selling me three-quarters and then building 16. 21 Just don't do it. Just pick one or the other. 22 The other thing, I do agree. I think we do need the 23 larger lots in the City of Denton. I think we need our MIL i~NGELBRECHT: Any questions for Mr. Clark? Yes, Ms. Gourdie. MS. CoOURDIE: I just wanted to say I agree with you, it's nice to know ail the details. But we're' just zoning the land and being that they explained earlier that there's a deed restriction on it, she can't in that area go below that three-quarters. I know what you're saying. Another thing is we have ordinances and we can't just make an Ordinance come out of the air to say you can zone it three-quarter acres. And so the problem is she was faced with our ordinance states, which is the law, you can have SF-t6, yOU can have one acre, but we had nothing in between so she had to take which was closer to her opportunities to work with it. So it's kind like, the Planning and Zoning Comm;ssion, we have to work with the law and the law states that this is the zoning and we have to deal with what the law states. And that's what makes it difficult for tls, too. 24 25 20 MR. CLARK: well, it's also very difficult 21 becallse -- have y'all been down Forrestridge? Did you 22 know the deed restrictions for Forrestridge says you 23 can't have a stucco house? Were you aware of that? How many smceo houses are in Forrestridge? So deed restrictions can go boom like that. MIL ENGELBRECHT: well, I understand. A deed restriction is an issue that the resident has to take up, not the City. local builders building those. I'd like to know if this 24 development is going to be Pulte Custom Homes with your 25 Page 78 five choices and you get to pick the carpet and that 1 makes it a custom homes or is it going to be tree custom 2 homes? Once again, not enough information. 3 4 MR. CLARK: Right. So that's what I'm 5 saying. But they're selling deed restrictions, but 6 you're only approving the zoning and there's a big 7 variance. I don't like the big variances. 8 MIL ENGELBRECHT: okay. Any other questions 9 for Mr. Clark? Thank you. Is there anyone else present 10 who would like to speak in opposition? Anyone else 11 present to speak in opposition? Yesy sir. If you would 12 please give us your name and address for the record. 13 MR. RAINEY: My name is Kemp Rainey at 21 l 14 Royal Oaks Place. And, again, I question the t~,n 15 opposition but it raises some questions and I know you 4 Another thing is this, when you get here, 5 when does the tree people take over? After annexation? 6 Because we didn't arise to opposition for annexation. 7 I've seen some devetopments, they take bulldozers and 8 wipe out every stick of green earth and there's no 9 trees. And she did mention there's a beautiful tree 10 there. I mean, you need some variances there. So it's 11 hard to be in Opposition or for when there's no 12 information. 13 Other than we're going to build house here. 14 We may do this. We may do this. We may do that. I 15 think you need a plan, an established plan, then you spoke about the deed restrictions, but that only affects the bottom one-'third of that property, as I recall, and not the entire property. And we're concerned about the entire property. If there is some concern about it, gl~-i~ as I understand it is a minimum 16,000 square foot lot; is that correct? MIL ENGELBRECHT: That's correct. MR. P,A~E¥: Okay. The next one up is the estate lot. Can we go up -- why not go up to the estate lot as opposed to down to the sF-16? I think when Page 80 16 have something to decide on. I hate making decisions 16 17 for or against without the information. So does anybody 17 18 know? Is it going to be a gated community? Is that in 18 19 thc request? Ar~ those houses going to face E1 Pasco? 19 20 MR. ENGELBRECHT: Those are -= since you 20 21 have come up in opposition, what that does is that 21 22 triggers an opportunity for the petitioner to address 22 23 those issues in a few minutes as part of the process. 23 24 MR. CLARK: Okay. I just need more 24 25 information. 25 PLANNING & ZONING AUGUST 25, 1999 ~1. P~e77-P~e80 CondcnscltTM Page 81 I you're talking about this area in here, in between the 2 two areas that you*re talking about, I don't see any 3 reason to go down. I think we should go up. I ~inlr it 4 should bo incumbent upon us if we're to protect this 5 area to keep it at large lots and not be able to go down 6 tO the m/nirq!~m~ 7 .. The other concerns, and I certainly 8 1 understand, the law, but some of the green areas that 9 exist in these Si'cas -- there is an incredible tree line 10 on the eastern side of that property that runs almost 11 the entire length of that property. Nothing's been said 12 about the tree line. You know, we talk about greenhelts 13 over on th~ east side but ~ west side has a 14 magnificent tree line and that hasn't been addressed at t5 all. I think part of what's happening right now in the 16 City of Denton is we're losing a lot of green areas in 17 certain areas and they are, to use Mr. Clark's is expression, they're bulldozing down trees left and right 19 pretty well indiscriminately and I think it's incumbent 20 upon the Zoning Commissioner, as well as the residents 21 there to try to protect some of these green areas. 22 My only concern is if we either have to go 23 down to SF-16 or up to estate lots, let's go up to 24 estates lots. If there is a way that we can protect 25 some of the green areas, let's protect them. Page 82 Page 83 I MS.-STEPHENS: Members of thc Comm!ssion, 2 let mc clear up a few things. We do not plan this to be a gated community. What we feel will make it privat~ is that it is nestled in between Forrestridge, Monteclto ' Del Sur, homes on the back, and El Pasco Street across the front. There will be no speedway streets in here. It will be a private neighborhood community of homes probably around 30 to 32 homesl . ' There will be no houses backing onto El Pasco. If I can find this again and get it up here -- our house is right hero. There is also a house right here. There is a lot right here that presently -- it did have our large horse barn on it. It presently does not. It just has the little office portion at the front. That lot faces forward to El Pasco Street. The lots that will be facing into this subdivision are the lots that are in the center here. Let's see what other points I might have thought of. Yes, these will be true custom homes. These will not be homes that one builder or spec builders -- these will be custom home builders. Now, I'm not saying they won't build a home for sale in there. But we plan to keep the living space requirements at 3,400 to 3,800 square feet so we're talking spacious homes on spacious lots.· 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 84 1 2 3 4 5 6 7 8 9 10 11 within 200 feet? MR. ENOELBRECHT: Any questions? MS. C, OURDIE: I do have a question. Subdivisions do have to do the 15 trees per acre, is that correct? So they can't just -- well, they could but they'd be fined exorbitantly for taking down the trees, but it is to their benefit to leave the minimum which is 15 trees per acre. And that's just, again, the law. That is an ordinance that we do have in place. And as you said, it is minimum, but it's a start MR. ENGELBRECHT: MI. Rainey, do you live I And no trees will be removed. And when I 2 mentioned that there would have to be changes in this 3 plan, it was because there is a huge tree in a pasture 4 that I do not want to take down. All the trees along 5 Forrestridge might be trimmed up or whatever. They wilt 6 not be moved. The trees that are on the property 7 right now will stay. We have tried to take out Willow 8 trees, dead trees, brush, whatever to where the good 9 mature Oaks and whatever -- I'm not a horticulturist but 10 there are some beautiful trees in there -- to where they 11 will be able to keep growing, mature, and make a really 12 MR. RAINEY: Yes, I do. 13 MR. ENGELBRECHT: And your lot size is? 14 MR. RAINEY: I'm not exactly certain. It's 15 in the three-quarters of an acre vicinity. I don't know 16 the exact lot size on it. 17 MR. ENGELBRECHT: YOU were in -- what was 18 your-- 19 MR. RAINEY: 211 Royal Oaks Place. 20 MR. ENGELBRECHT: Thank you, sir. Is there 21 anyone else present who would like to speak in 22 opposition to this petition? Anyone else present to 23 speak in opposition? Seeing no other opposition, 24 petitioner has an opportunity for rebuttal at this time, 25 if you so choose. 12 pretty park area. At the time we got in there to try to 13 clean it out, we started at one end and went to the 14 other just cleating brush because this is 20 to 30 years 15 of growth that hasn't been touched. We were never even 16 able to ride a horse over there to sec where the creek 17 was because it ~vas so thick. And it will make a 18 beautiful park area but we don't plan to take any of the 19 big good trees out. 20 And as far as someone saying we should go up 21 to estate-size lots as opposed to SF-16, that we would 22 ~e going down, we aren't going down. SF-16 is 23 Forrestridge. $F-16 is Monteeito Del Sur. If we are at 24 half-acre lots, we are up. We are not going down. The 25 only zoning we could apply for was the SF-16 and still PLANNING & ZONING AUGUST 25, 1999 32. Page 81 - Page 84 Condcnsclt TM ' Page 85 I stay within that size and thc one-ae~e. I think that's 2 it unless you have any other questions. 3 Mit. ENGELBRECHT: Commissioners, are the~ 4 any questions? 5 MR. RISHEL: It sounds like you're ctu~vntly 6 bringing some fill in in some way, shape, or form. 7 MS. STEPHENS: We had an excavator or 8 whateVer that had s0mc extra dirt and he SMd'could wc 9 use it. And because in the back· the pasture slopes off 10 so much, we are contemplating putting -- here again, we 11 haven't engineered it, we haven't been to the City. 12 We're contemplating putting in a retaining wall along 13 there to where we can level these lots and not have them 14 dumping off onto the greenbelt. 15 MR. RISHEL: Is part of this a floodway or a 16 flood plain? 17 MS. STEPHENS: The flood plain is below thc 18 600-foot level. This would he above the 600-feet level. 19 This would be actual lots. 20 MR. RISHEL: And none of the dirt you 21 brought in is above, is in the 600 level. 22 MS. STEPHENS: IS below. No, no. 23 MR. ENOELBRECHT: Are there any other 24 questions for Ms. Stephens? Thank you. At this time 25 I'll close the public hearing. Mr. Reed, do you have Page 86 I any final staff remarks? 2 MR. REED: I suppose I'll just bring this 3 conversation back to center. All we're looking at here 4 is land use. The applicant showed a site plan which I 5 have not seen before and I just want to make sure that 6 the Commissioners are aware that the applicant is 7 definitely not married to that because she has yet to go 8 to the City for platting, so the Commissioners should be 9 aware of that. That plan will definitely be changed 10 significantly with engineering requirements and so 11 forth. And, of course, the applicant also said 12 something about no trees wouid be removed and I find 13 that a dangerous statement to be said. And for any of 14 the Commissioners to want to hold her to that because we 15 have a Landscape Code. So I just wanted to mention 16 that. We do recommend approval and it is again 17 consistent with our '88 Denton Development plan, as well 18 as our Policies and Growth Management Strategies and 19 draft Land Usc Plan. 20 MR. ENGELBRECHT: MS. Gourdie. 21 MS. GOURDIE: I just want to clarify, Mr. 22 Rainey wasn't sure about his lot size but you know the 23 zoning in that area is SF-16 and his home could be 24 really on a three-quarter of an acre or acre, but the 25 minimum would have been SF-I~? Page 87 I - 1~o,. REED: That's correct. 2 MS. COURDm: So the whole subdivision is 3 sF-16 but the homes vary from SF-16 on up? 4 Mil. REED: That's right. 5 MS. COURDIE: Okay. Thank you for 6 clarifying that for me. · 7 MR, ENOELBRECHT: other questions? Since 8 that issue of the trees was brought up by individuals 9 who spoke, would you just briefly review for the 10 audience the Landscape Ordinance as it relates to trees 11 on this particular piece of property, what will be 12 required. 13 MR. REED: First, during the platting 14 process at the preliminary plat stage, a tree inventory 15 of existing tress on the site is required and that will 16 document their diameter, their species, and their health 17 and general height. At the final plat stage in a 18 residential development a site plan is not required but 19 that is -- a plot plan is required once a building 20 permit is pulled for a specific lot. A property owner 21 has the right to remove any tree on their property if it 22 is of such a size that it is a monarch tree. It would 23 have to be designated as such and the owner has the 24 right to petition for it to be designated as such and 25 preserved. Page 88 1 So our Landscape Code emphasizes providing 2 15 trees per acre and gives incentives towards 3 preserving the trees but does not say that you must 4 preserve the trees. And, in short, that's our Landscape 5 Code. 6 MIL ENGELBRECHT: Thank you. Any other 7 questions? Thank you, Mr. Reed. Commissioners, any 8 comments or a motion? 9 MR. RISHEL: Motion. I'd like to move to 10 recommend approval ofZ-99-051. 11 MS. GOURDIE: Second. 12 MIL ENGELBRECHT: It's been moved and 13 seconded to recommend approval. Any discussion on the 14 motion? 15 MS. GOURDIE: I just want to say how 16 fortunate y'all are to get SF-16 behind your backyards. 17 I commend th~ larger lot philosophy right now. Thank 18 you. 19 MR. ENGELBRECHT: Any other discus,sion? Ia 20 that case, vote please. Motion carries unanimously. 21 We will move on then to Agenda Item No. 7, 92 'to hold a public hearing and consider making a 23 recommendation to City Council concerning the rezoning 24 of .7 acres from Commercial to Central Business 25 district. The property is located on the north side of PLANNING & ZONING AUGUST 25, 1999 Page 85 - Page 88 33. RUG-19-99 'J'HU 05:51 · ... ..... ., , ATTACHMENT 3 ~ I ' -I° . . o Z-99-051 ~ Planning and Zoning Comm~s~bn of me'City of Dean ~11 ho~ a ~bl~c ~g ~n W~y, . ~g~ 25, 1999, to ~ider z~l~ a ~.40 a~e s~ l~ted o~ ~ ~ side of ~ Pa~ ~ a~ ~~e~ ~. hu~ (5~) [~t ~0~ ~:.~an ~d .d~;~ ~.single-~ 16 (SF;16) zonl~g .' *' '.:~ a~.~ Mon~dto Del Su~ SUb~i6n ~ ~e e~[ ~e'~rb~ Is l~all~ d~ as Tm~ 6, 7, 8, 12~ 13, 14 and 15 out of ~e A. Gibson Survey (Abstract 498) in Denton County, Texas. The purpose of the zoning change is to deveiop e single-family subdMsion w;ih a' minimum lot size of 16,000 square feet. The property is presently moving forward v~th a concurrent voluntary annexafi6n request. (City Counc4q will consider bo~ the anexatlon and 2onh~g requests on October 19, 1999,) The public hearing will start at 5:30 p.m. in the ~ Council Chambers of City Hall located at 215 E. McKinney Sheet, Denton, Texas. Because you own properb/ w~in two hundred (200) feet of the subject proper~y, th~ Planning and Zoning Commission would like to hea~ how you feel ebou~ this zoning change request and invites you to attend the public hearing. Please, in order for your opinion to ,be takeninto~ ~a~...u~,.retum thls formwith~jour, cemments prior2tc thc date of the p~iie4~ng.--(-TW/~ ...... m no way protons you from attending and participating in the public hearing.) You .may fax ft' to the' number located at the bottom, mail it to the address below, or drop it off in-person:. Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Wayne Reed, Planner il The zoning process indud.es two lpublic, hearlr~gs designed to prOVide oppOrtun'~es for citizen ~volvement and comment.. Prlor. to the publi= hearings, landowners w'~6in two. hundred (200) feet bf the ~ubJect property am notified of the zoning request by way of this notice. The flint public hear~g-is held before the Planning and Zoning Commission. '[he Commission is iriformed of the percent of responses in support and in opposition. Second, the zoning peUtion is forwarded to the City Coundl for final acUon providing the Commission recommends approval. Should the Commission recommend denial, the peffiJoner may then appeal the request to the City Council. If owners of more than twenty. (20) percent of the land area wi~ln'two hundred (200) feet of the site submit w[;tten opposition, then s'tx out of seven votes of the City Council are required to approve the zonlng change. These forms ar~ used ~o calcu[afe the percentage ' / Please circle one: '. Comments: , . · Telep~ne NumbeE CITY OFDENTON, TEXAS cnY~LWEST- DE~rrON, TEXAS 76201 - 940.34g ..~350 - (1=)g40~,,9.T/07 Z,-~,051 Legal No~..e.~ -. 34. NOTICE OF PUBLIC HEARING Z.99-051 The ~lannlng and'Zoning Commission of th~ City of Denton will hold a public hearing on Wednesday, August 25; 1999, to consider zoning a 34.40 acre site located on the south side of El Pasco Street and approximately five hundred (500) feet north of Ryan Road district to Single-family 18 (SF-16) zoning di~tric~ (see map on backside). The site is bounded by. the Estates of.For.estridge eubdi.~ision 'to the west and the Montaclto Del Sur subdivision tothe eait.. The property ~ leg.ally describ.ed as Tra6ts 6, ~r, $, 12, 13, 14 and 15 out of the A. Gibson Survey (Abstract 498) In Denton County, Texas. The · purpose of the zoning change is to develop'a single-family subdivision with a'minlmum lot size of 16,000 square feet. The properb, is presently moving forward with a concurrent voluntary annexation request, (City Councll will consider both th.e anexation and zoning requesf~ on October 19, lggg.) The public hearing will s~,art at'5;30 p,m, in the Cit~' Council Chambers of City Hall Iocated at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Cqmmission would like to hear how you feel about this zoning change request and invites you to attend the public hearing. Please, in order for your opinion to .-.be..takenJnto-account, r. etum this-fom~-with,y.our..~ments-prierA, oA.hedate~-the-pubJi~-headng.~-(-Th/s · in no way prohibits you ~rom attending and parSclpating In the put~lic hearing,) You may fax it' to the number located at the bottom, mail it to the address below, or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Wayne Reed, Planner II The 'zoning process Includes two public hearings designed-to prOVide opportunities for citizen Involvement and comment. 'Prior to the public hearings, landowners within'two hundred (200) feet of the subject property are notified of the zoning request byway of this notice. The first public hearing is held before the Planning and Zoning Commission. The Commission is informed of the percent of responses, In support and in opposition. Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petit/char may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then slx out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of landowner opposif~on. I Please circle one: 8ign~m: ~ ~ ~ · AUG 2 3 ~999 Te~phone Number: q~O~~b~ PLANNING & DEVELOPMENT Physi~l Addm~ ~ ~ ~in 200 feet: ~i ~ CITY OF DEN;rON, TEXAS' CITY HALLWEST · DENTON, TEXAS 76201 · 940.~49.6350 · (F) 940.349,7707 I 14:$9 I ns t i tut 1 ?~,-i~.l Advancement i D=.~"~$983877 NOTICE OF I UBLIC Z-99-05t The Planning and Zoning Commission of th~ City of Denton will hold a public headng on Wednesday, August 25, 1999, to consider zoning a 34.40 acre site located on the south side of El Paseo Street and approximately five hundred (500) feet north of Ryan Road district to Single-family 16 (SF-16) zoning district {see map on backside). The site is bounded by th® Estates.of Forestridge subdivisiOn to the west and the 'Montecito Del Sur subdiviSion'to the east. The property is legally described as Tracts 6, 7, 8~ 12, i3, 14 and 15 out of the .ac GibSOn Survey (Abstract 498) in Denton County, Texas. The purpose of the zoning change is to develop a single-family subdivision with a minimum lot size of 16,000 square feet. The property is presently moving forward with a concurrent voluntary annexation request. (City Council will consider both the anexation and zoning requests on October 19, 1999.) The public heating wiJl start at 5:30 p.m. in the City' Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and invites you to attend the public hearing. Please, in order for your opinion to .- be taken, into~ccoun~-retum ',.,.'~i~-~ f~'~rt v.%h ¥'~,:r cor;',-cents.p,'~,.r to the date~Fthe pub1,ic.hearing. (This in no way prohibits you from attending and participating in the Public hearing.) You may fax fi.to the number located at the boffom, mail it to the address below, or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Wayne Reed, Planner I1 The zoning process includes two public hearings designed to provide opportunities for citizen involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified 'of the zoning request 'by way of this notice. The first public hearing is held before the Planning and Zoning Commission. The Commission is informed of the percent of responses in support and in opposition. Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. if owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of landowner opposition. · -', ....... tn P=vor'of request ...... Comments: Please circle one: 'Neutral 1o request -' ' Printed Name: ' - ~ ' ~ ~ ' ' Mailing Address: ~ c y, stat =p: " ' AUG 2 3 1999 Telephone Number:. ('~z~D) ~,.?.T ~z/7,,7~ PLANNING & DEVELOP~ENT Cl~ OF DENTON, T~S C~ H~L ~ST * D~ON, ~ 76201 - S40.~9,~50 - (F) ~0.~9.7707 P-OI 36. NOTICE OF PUBLIC HEARING Z-99,051 The~ Planning and Zoning Commission of the City of Denton' will h°ld ~ PUblic hea~ing On 'WedneSday, i August 25, 1999, to consider zoning a 34.40 acre site located on the south side of El Paseo Street and i~approximately five hundred (500) feet north of Ryan Road district to Single-family 15 (SF-16) zoning . i district (see mapon backside) The site is bounded by the Estates of Forestridgesubdivision ~to the ~ilwest*and the M0nteci{O *Del Sur subdivisiOn t° the east. 'iThe PrOperty` is jegally'descr bed as Tra(~ts 6, 7, 8, 12, 13, 14 and 15 out of the A. GibSon sur~ey (Abstract 498) in Denton C0bnty, Texas~ The purpose of the zoning change is to develop a single-family subdivision with a minimum lot size of 16,000 square feet. The property is presently moving forward with a concurrent voluntary annexation request. (City Council will consider both the anexation and zoning requests on October 19, 1999.) The public hearing will start at 5:30 p.m. in the city 'Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property.within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and invites you to attend the public hea#ng. Please, in order for your opinion to .be taken into account,..return this form With yoUrcomments~prior'to the date. of-the-public hearing· (This- in no way prohibits you from attending and participating in the public hearing.) You may fax it' to the number located at the bottom, mail it to the address below, or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Wayne Reed, Planner II The zoning 'process includes two .public hearings designed to provide opportunities for. citizen involvement and comment..Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing is held before the Planning and Zoning Commission. The Commission is informed of the percent of responses in support and in opposition. Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within 'two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of landowner opposition. - In favor of request Signature: ' Printed Name: Mailing Address: City, State Zip: '-~C~J~(::~~ ~ -"J~DJ..~ ' Telephone Number: Physical Address of Property within 200 feet: ~-~<~ ~'0 ~'~'¢%'~qc; ~ %~. Please circle one: '~r ....... ~ Neutral to request - - ' eques .... AUG 2 3 1999 PLANNING & DEVELOPMENT CITY OF DENTON, TEXAS C~TY HALL WEST · DENTON, TEXAS 7620~ ' 940.349~8350 · (F) 940.349.7707 Z-gg-0$f LegaI Notice.doc 37. NOTICE OF: P. UBLIC HEARING Z-99-051 ' '"'- ' Th.e Planning and Zoning Commission of the City of Denton will h°id' a pUblic headng on Wednesday, August 25, 1999, to consider zoning a 34~40 acre site located on the south side of El Paseo Street and approximately five hundred (500) feet north of Ryan Road distdct to Single-family 16 (SF-16) zoning district (see'map-on backside).. The site is boUnded by the Estates of.ForeStridge'subdivision to .the ~v, es8t, and the :Montecit° Del'sar subdiviSion .tO the east.-. The prOperty is legallY' described 'as Tracts 6, 1!2, 13, .14 and 15 Out 0fthe A. Gibson SurveY. (Abstract 498)in 'Denton CountY, TeXas. The purpose of the zoning change is t°. develoP 'a single;family subdivision with a minimum lot size of 16,000 square feet. The property is presently moving forward with a concurrent voluhtary annexation request. (City Council will consider both the anexation and zoning requests on October 19, 1999.) The public hearing will start at 5:30 p.m. in the city Council Chambers of CitY Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200). feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and invites you to attend the Public heartng. Please, in order for your opinion to be taken into account, return this form with your comments prior'to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it' to the number located at the bottom, mail it to the address below, or drop it off in-person: .. Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Wayne Reed, Planner II The zoning process incl'udes two public h'earings designed to Provide Opportunities for citizen involVement and comment..Prior to the public hearings, 'landowners within two hundred (200)feet of the subject property are notified of the zoning request by way of this notice. The first public hearing is held before the Planning and Zoning Commission. The Commission is informed of the perCent of responses in support and in opposition. Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within 'two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of landowner opposition. Please circle one: Neutral to request Comments: Opposed to request Printed Name: ~.-.~'~ ~)~--f~ ~-~-,bJ5 {,oJ-Ld~/~ Ma,hng Address: ~ ~P_~;~ ~ ~ , , Ci~, State Zip: _~~ i ~ [ q~ Telephone Number: ~ ~ --~--'~ ~ Physi~l Address of Prope~ within 200 feet:~O~ ~r~ AUG 3 0 ]999 PLANNING & DEVELOPMENT CITY OF DENTON, TEXAS z-gg.o5 f Legal Notice. doc CiTY HALL WEST · DENTON, TEXAS 76201 · 940.349.8350 · (F) 940.349.7707 38. ATTACHMENT 4 - ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY PLACING A SINGLE- FAMILY 16 (SF-16) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 34.40 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF EL PASEO STREET AND APPROXIMATELY FIVE HUNDRED (500) FEET NORTH OF RYAN ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-05 I). WHEREAS, on July 27, 1999, City Council received a report, held a discussion and then directed staff to proceed with voluntary annexation of the 34.40 acres of land described herein; and WHEREAS, Beverly Stephens has applied to initially place a Single-Family 16 (SF~16) zoning district classification and use designation on 34.40 acres of land described herein; and WHEREAS, on August 25, 1999, the Planning and Zoning Commission recommended approval of the proposed Single-family 16 (SF-16) zoning district; and WHEREAS, on October 19, 1999, the City of Denton voluntarily annexed 34.40 acres of land described by Ordinance , which was made effective upon its passage; and WHEREAS, the City Council finds that the proposed zoning will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning district classification and use designation of the 34.40 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is hereby Single-family 16 (SF-16) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION 2. That the City's official zoning map is amended to shoTM the zoning district classification. SECTION 3. That any person violating any provision of this ordinance shall, upon conviction, be freed a sum not exceeding $2,000.00. Each day that a, provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. 39. PASSED AND APPROVED this the ~ day of ,1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 4 0. Page 2 EXHIBIT A Z-99-051 (SHADOW BROOK PLACE) 34.40 acres All that certain lot, tract or parcel of land lying and being situated in the A. Gibson Survey, Abstract No. 498, Denton County, Texas, being the same tract of land described in a deed to Elmer Wayne Stephens et ux, dated 4-16-74, as recorded in Volume 706, Page 79 of the Deed Records of Denton County, Texas, being the same tract of land described in a deed to Bradley Stephens Trust, dated 4-1-98, as recorded under County Clerk's File No. 98-0041953 of the Real Property Records of Denton County, Texas, being the same (called) 10.433 acre tract of land described in a deed to Custom Designs, Inc., dated 4-12-99, as recorded under County Clerks File No. 99- 0037344 of the Real Property Records of Denton County, Texas, being the same (called) 8.240 acre tract of land described in a deed to Brain Stephens Trust, dated 4-1- 98, as recorded under County Clerk's File No. 98-0041954 of the Real Property Records of Denton County, Texas, being the same (called) 4.291 acre tract of land described in a deed to Bradley Stephens Trust, dated 4-1-98, as recorded under County Clerk's File No. 98-0041955 of the Real Property Records of Denton County, Texas, and to Brain Stephens Trust, dated 4-1-98, as recorded under County Clerk's File No. 98-0041956 of the Real Property Records of Denton County, Texas, being more particularly described as follows: BEGINNING at the northwest corner of said Elmer Wayne Stephens tract, same being on the south right-of-way of El Paseo and the east line of Forrestridge Addition, Section II, an addition to the City and County of Denton, Texas, according to the plat thereof recorded in Cabinet C, Page 12, of the Plat Records of Denton County, Texas, said point lying on the Current city limits line as established by Ordinance No. 65-35; THENCE North 88° 24' 40" East with the north line of said Elmer Wayne Stephens tract and the south right-of-way of El Paseo, same being the existing city limits line as established by said Ordinance No. 65-35, a distance of 363.44 feet to a point for corner; THENCE North 74° 22' 04" East with the north line of said Elmer Wayne Stephens tract and the south right-of-way of El Paseo, same being the existing city limits line as established by said Ordinance No. 65-35, a distance of 12.48 feet to a point for corner at the northeast corner of said Elmer Wayne Stephens tract; THENCE South 14° 58' 40" East with an east line of said Elmer Wayne Stephens tract, a distance of 6.30 feet to a point for corner at the beginning of a curve to the right; THENCE with said curve to the right, having a central angle of 9° 14' 08", a radius of 1534.02 feet, an arc length of 247.27 feet, a chord which beare South 10° 27' 05" East a distance of 247.00 feet to a point for corner on the East'line of said Elmer Wayne Stephens tract; Z-99-051 LEGAL DESCRIPTION PAGE 1 OF 2 41. EXHIBIT A Z-99-051 (SHADOW BROOK PLacE) 34.40 acres THENCE North 88° 45' 10" East, a distance of 591.10 feet to a point for corner on the east line of said Custom Designs, Inc., tract; THENCE South 09° 35' 00" West with an :east line of said Custom DesignS, Inc., tract, a distance of 135.47 feet to a point for corner; THENCE South 39° 07' 10" West with an east line of said Custom Designs, Inc., tract, a distance of 290.26 feet to a point for corner; THENCE South 26° 36' 00" East with an east line of said Custom Designs, Inc., tract, a distance of 268.00 feet to a point for corner; THENCE South with an east line of said Custom Designs, Inc., tract, a distance of 246.00 feet to a point for corner; THENCE South 09° 17' 00" West with an east line of said Custom Designs, Inc., tract, a distance of 104.93 feet to a point for corner at the southeast corner of said Custom Designs, Inc., tract, same being the northeast corner of said 8.240 acre tract; THENCE South 09° 19' 00" West with an east line of said 8.240 acre tract, passing the southeast corner of said 8.240 acre tract and the northeast corner of said 4,291 acre tract, continuing a total distanCe of 436.80 feet to a point for corner at the northernmost southeast corner of said 4.291 acre tract; THENCE South 88° 49' 00" West with a south line of said 4.291-acre tract, a distance of 726.00 feet to a point for corner; THENCE South 00° 37' 00" West with an east line of said 4.291-acre tract, a distance of 62.60 feet to a point for corner at the southeast corner of said 4.291-acre tract; THENCE South 88° 48' 29" West with the south line of said 4.291 acre tract, a distance of 251.63 feet to a point for corner at the southwest corner of said 4.291 acre tract, same being on the east line of the Estates of Forrestridge, Section ill, an addition to the City and County of Denton, Texas, according to the plat thereof recorded in Cabinet K, Page 295 of the Plat Records of Denton County, Texas, said point also being on the existing city limits line as established by Ordinance No. 93-188; THENCE North 00° 36' 55" West with the existing city limits line as established by said Ordinance No. 93-188, and as established by Ordinance No. 92-060 and Ordinance No. 88-001, a distance of 1828.60 feet to THE POINT OF BEGINNING and containing in all 34.40 acres of land. Z-99-051 LEGAL DESCRIPTION PAGE 2 OF 2 42. ATTACHMENT 5 1/14/2000 MAYOR MILLER AND MEMBERS OF THE DENTON CITY COUNCIL I have wanted to reach each of you personally, and not being able to do that, we wanted to come before you, as requested and agreed, to let ALL of you know that we have made every effort to obtain the floodplain study in time to have the meeting with our neighbors and reach an agreement as to the future of the floodplain area which is a part of Shadow Brook Place. The fact thru we have not received the floodplain study, and were not able to go to the neighbors with its findings and reach some understanding, has not been within our control. As confirmed in a letter from our engineers (copy provided), with no notice or explanation to my associate, Alan Williams, or myself, DALE HOELTING of the City of Denton Engineering Department told our project engineers to "hold up" on the floodplain study because the City was not sure what it wanted to do in that area. Our engineers contacted tl~e expert they had engaged, and whose expertise it is to do floodplain studies, and tOld him to hold up on the study. Knowing the study was basic to WHATEVER the City proposed for the floodplain, thru it was required for platting (Dale Hoelting letter of October 13 requiring the study prior to "annexation" and Jim Coulter letter of October 26 changing this requirement to "subdivision and platting process" provided), and was necessary in any discussions with the neighbors or the City, upon learning of the situation days later when he called to see when the study would be in our hands and learned it had been put on "hold", Alan told our engineers to go ahead and complete the study as originally requested. We then found that the floodplain study expert had started another project in the meantime, and could not return to our study until that project was finished, which did not allow enough time to receive the study, have a meeting, and go before City Council with answers on Jan. 18. As stated in the letter from Mr. Coulter, the floodplain is an engineering problem that will be handled in the "subdivision and platting process." The CITY will ultimately determine what is done in this area. Although the time frame has changed, we believe we are asking for reasonable zoning- we have met with City and County officials and offered our cooperation in solving the concerns of the City and the neighbors, and we look forward to receiving the study and going forward with a neighborhood meeting so that we can come to a resolution we can all live with in the platting process, and GET ON with our development. 43. We appreciate the relief granted, and the opportunity to be on the January 18 City Council agenda. Our wish for zoning approval at the earliest date possible stems from our desire to get this development underway and make use of our investment and what has been vacant land for almost a year. Personally, I have had house plans ready for over a year, we are not getting any younger, and we are anxious to get into this new house as soon as possible. At best it would have been many months, but with the study delayed, and my being out of the country with my son the month of February, it means March before we can even begin making progress. We do not appreciate Mr. Hoelting taking it upon himself, with no notice or explanation to us, to stop a study we had ordered and are paying for. This study is basic to everything that has been and will be done in the floodplain area, and is something HE required last October. We wonder why he would not be as anxious to get the results of this study as we are. We appreciate the Council Members' time and attention to .this matter, and respectfully request that our January 18, 2000 appearance before you be continued to March 7, 2000, SO LONG AS THIS DOES NOT PUT US IN A POSITION OF HAVING TO REPEAT ANY STEPS TAKEN TO DATE. SHADOW BROOK PLACE Beverly Stephens// President 44. . Ctvil~n,~eer~ La~d.C~v~yor~ Land FACSIMILE TRANSMITTAL Re: # Date:' Pages: Allen Williams, A.F. Williams Co., fax - 903=887-~135, Beverly Stephens, fax - 940~87='/731 .. Shadowbrook Single Family- Mood Study 99-00 ,-01 Snnuary I 1, 2000 1, total M~. St~hans, Mr. Williams, Per a conversation I had with Dale Hoeltin$, City of Danton, on ~Ianuary 4~, 2000 the flood study on Fletcher Branch was halted. Mr. Hoelting said finishing the flood study at this time would bo premature, since the City of Denton has not decided what they want To do in this area. Mr. Hoelting advised me to not complete the flood study until the City of Denton has issued a directi~,e. I discussed this Issue with Alan W'dliams and was diroeted vo prooeed with.the flood study prior to receiving the City directlva. The flood study is again in progress at this time. Due to stopping and resehedulin8 of tho flood study.~Nathan Mayers will not be · ble to complete the study by this Wtxlnesday, January Mr. Hoelting said the directive letter would he available by January 10, 2000. We have not received a direotive letter to date. Ii'anyone has any questions or comments please l~t me know. Craig A. Wallendoff Cral~ A. W~lleador~ 376 Wmt ~ Sll~t, ~ R 45. 111- §-g9; 2;02PM; ? 9403877731 -> H~E PALM DESERT; 82 BEVERLY STEPHENS CITY OF DENTON, TEXAS {~002 October 26, 1999 Beverly Stephens P.O. Box 50877 Denton, Texas 76206 Alan Williams 16250 N. Dallas Parkway, Suite 204 Dallas, Texas 75248 RE: Filling of FloodPlain Dear Ms. Stephens & Mr. Williams: We am revising the October 13, 1999 letter pertaining to this project. We inadvertently put "annexation process" in the letter and it should have mad subdivision and platting process. I apologize for any inconvenience this might have caused. If you have any questions please let me know. Sincerely, Jim Coulter Assistant Director Wastewater Utilities' Xc: Howard Martin David Hill Dale Hoelting "Dedicated to Quality S~rvtae" 46. CITY OF DENTON MUNICIPAL UTILITIES 901-A TEXAS STREET · DENTON. TEXAS 76201 October 13, 1999 Beverly Stephens P.O. Box 50877 Denton, Texas 76206 Alan Williams 16250 N. Dallas Parkway, Suite 204 Dallas, Texas 75248 RE: Filling of Floodplain Dear Ms. Stephens ..~..Mr. Williams: The City of Denton has observed reconstruction of a dam structure on Fletcher Branch south of El Paseo Ddve within the past several weeks. The City or Denton County did not permit this activity. The City Is currently in the process of annexing this property that is called Shadowbrook. In order to complete the annexation process the following items need to be submitted for review: 1. Topographic or other appropriate survey to document conditions as currently exists. 2. Soils .teSting. results that include Standard Proctor Densities of. al! locations where fill'was placed. Flood studies to include hydraulic and hydrologic computer models for the 10-, 25-, 50-, 100-, and 500-year storm event that reflect the reconstructed dam and fill. 4. Engineering plans that show proposed grading and details for the dam. 5. Proposed normal pool elevation and boundaries of this water level. 6. Copy of correspondence or permits issued by County, State, and Federal governments. rDedicated to Quafity Service" 47. e Copy of approval by U.S. Army Corps of Engineers authorizing dredging of the pond and reconstruction Of the dam. ....'.. Upon submittal of this information, the City of Denton will review the documents for compliance with City ordinances including the flood prevention and protection ordinance. The flood studies probably will require review and approval by Federal Emergency Management Agency (FEMA). Remapplng of the flood boundaries may also be required. If the 10-, 25-, 50-, 100-, and 500-year water surfa(~e elevations have Increased as a result of filling in the floodplain, a portion or all of the fill will · require removal. The resulting.water surface elevations shall be at or .below the elevations published In the flood profiles and hydraulic model of the Flood Insurance..$.t.udy for Fletcher Branch. Although the items requested above apply to recent activity in the floodplaln, additional information will be required at the preliminary and final plating stage of the development. The City will conduct a complete review to determine compliance with its subdivision and land development regulations. Please contact me at 940-349-7180 to coordinate submittal of all documents. Slncerely, , ~. oelting, P.E. ~ Drainage Engineer Floodplain Administrator Howard Martin, Assistant City Manager David Hill, Asslstant City Mana. ger for Development Servlces Jim Coulter, Assistant Director Wastewater Utilities 48. AGENDA INFORMATION SHEET Agenda No. _ ~'3 o .- o.~ ,~' Agenda Item .... Date_ /.../,P...~ o~,0 - AGENDA DATE: January 18, 2000 DEPARTMENT: Planning Department ~/ DCM: David Hill, 349-8314 SUBJECT - DME Spencer Road Generation Plant (A-98) Hold the second of two public hearings regarding a proposed voluntary annexation of approximately 18 acres located north of Spencer Road between Woodrow Lane and Loop 288 in southeast Denton. The property is the Denton Municipal Electric generation plant. The zoning at the time of annexation will be Light Industrial (LI). BACKGROUND Denton Municipal Electric, on behalf of the City of Denton, has voluntarily submitted a petition for annexation of its Spencer Road electric generation plant. The 18 acre property is located on the north side of Spencer Road, between Woodrow Lane and Loop 288. The applicant has requested Light Industrial (LI) zoning designation. An electric generation plant is a use by right within the City's LI zoning designation. It is also a use by right within the Heavy Industrial (HI) and Planned Development (PD) zoning designations and allowed with a Specific Use Permit (SUP) within the Agicultural (A), Commercial (C) and Central Business (CB) zoning designations. The existing electric generation facility would become a legal non-conforming use in any zone district that does not allow it as a use by right. The property is located within an area designated as an "Employment Center" in the Land Use Plan adopted as a part of the Comprehensive Plan. Employment Centers are intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices and institutions. Under current zoning regulations, an LI, HI, or PD zoning designation is required to allow light manufacturing uses. The annexation process requires two public hearings. The Council is scheduled to consider this ordinance on first reading at its February 8, 2000 SPECIAL CALL meeting. OPTIONS The Council may choose to approve or deny the annexation petition. It may approve, deny, change or add conditions to the request for Light Industrial zoning designation. RECOMMENDATION Staff recommends approval of the annexation as it will result in a consolidation of City boundaries and eliminate a "hole" in the city's area and zoning regulations. PRIOR ACTION / REVIEW (Council, Boards, Commissions) The Planning and Zoning Commission will review the proposed boundary adjustment at its January 26, 2000 meeting. FISCAL INFORMATION The annexation will bring into the city a facility that has significant property value. An increase in the cost of public facilities and services may result from any significant redevelopment of the area. ATTACHMENTS 1. Petition from Applicant 2. Location Map 3. Site Map 4. Service Plan 5. Annexation Schedule Respectfully submitted: Doug Powell Director, Planning and Development Prep~ar~d by: M~onaldson Assistant Director, Planning and Development --<. ATTACHMENT FOR ANNEXATION "~- TO THE.PLANNING AND ZONING Coi~I-~SSlON AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS The undersigned does hereby petition for annexation of 17.751acres located at 1701 Spencer Road in the extraterritorial jurisdiction of the City of Denton, Texas. The property is more particularly described in the attached survey description and shown on the attached map. The undersigned also certifies that the following required information concerning the land and its inhabitants is reasonably accurate and assumes responsibility for completion of said information prior to scheduled action on the request by the City of Denton. Is petition being initiated by owner(s) Or majority of registere~l voters in area of request? ]'es If no, what is the status of the application? 2. How many dwelling units are located within the area requested for annexation? None 3. How many businesses or non residential land uses are located within the area of the request? One 4. Please provide a general description of these land uses including the .name(s) of businesses, if known This property is in use by Denton Municipal Electric'~ SpenCer electrical power generation Plan~ The plant consists of 5 generating units within the main plant building, plus 4 cooling towers, fuel oil storage tanks, electrical poles and structures and other facilities on the site necessary for the production and transmission of electric power. 5. Does area of request include any territory within the city limits or extraterritorial jurisdiction of another city? No 6. Estimated population of the area of request: None Adults: None Children: None Number of registered voters: None 7. At the time of this petition, have any other annexation procedures been initiated for all or any part of the area requested in this petition? No ' .. If yes, please explain the procedures begun and their status. 8. Does a water supply district lie within the boundaries of the area proposed for annexation? No e 10. 11. What Zoning, if any; Oth'e~.{h~rYa~i~ultUral (A),. ........ is being requested under separate petition? T/re for the entire tract of land is being petitioned as I~ight Industrial. .... '~_ How much of territory proposed for annexation is included in zonin'O*petition? The entire 17.75I acre tract will be toned light industrial to correspond with its Current usage as a site for the production of electric power. What is the purpose of annexation? This property will be annexed to make it subject to the City's rules, regulations, taxation levels and other applicabl~.City guidelines. 'Planned land use (if z0ning is being requeSted):. Category & Total Proposed Acreage Proposed Unit Per Acre And/Or Square Footage a. Single family detached b. Single family attached (townhouses, cluster, etc.) c. Attached patio/garden/zero lot line d. Duplex e. Multi-Family f. Office g. Neighborhood Service h. General Retail i. Commercial j. Light Industrial 17.751 70,000 k. Heavy Industrial Proposed use(s) if specific use permit or planned development (PD) being requested." 12. Have petitioner(s) familiarized themselves with the official annexation policy, land use policies, and the standard municipal gervice plan of the City of Denton? Yes Name of Owner (s): City of Denton, Texas Signature(s) Address(es): City Hall, 215 East McKinney street, Denton, Texas, 76205 Telephone #(s): Main Switchboard (940) 349 8400, C3ty Manager's Office (940) 349 8307 Date: December 7, 1999 If petitioner is not the owner of the property: Status Petitioner Name(s) Signature (s) Address(es) ~-98 ATTACHMENT 2 NORTH SITE LOCATION MAP Agenda Date: January 11, 2000 Scale: None · 000, . .~0 N .4-95, D~'JE Spe~wer Plant, lst PH. doc e (A'98) EXHIBIT B' ANNEXATION SERVICE PLAN CASE NUMBER: AREA: · LOCATION: · A-98 (DME Spencer electric generation plant) 17.751 acres ' North 0f Spencer Road, between Woodrow Lane and Loop 288. Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule: Ae Ce Police Protection 1. Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Fire Protection 1. Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Solid Waste Collection Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment; D. Water/Wastewater Facilities 1. Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. E. Roads and Streets 1. Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Parks and Recreation Facilities 1. Ma'mtenance of parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. A-98.4NNEXATION SER I/ICE PL4N..doc ANNEXATION SERVICE'PLAN (A-OS) However, there are no existing parks, playgrounds, swimming pools, and other recreational facilities in the area. G. Electric ~acilifies 1.. Electric utility service will be provided within sixty (60) days after the effective date of the annexationusing existing personnel and equipment. H. Library Services 1. Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Ka Code Enforcement, Building Inspections and Consumer Health Services 1. Code enforcement, building inspections and consumer health services will be- provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Planning and Development Services 1. Planning and development services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. The Planning and Development Department currently provides services this property by way of administration of Chapter ..34 of the Code of Ordinances, concerning subdivision and land development regulations. Capital Improvements Program (ClP) . . The CIP of the city is prioritized according to the following guidelines: (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standiards and professional studies. (2) The overall cost effectiveness of providing a specific facility orimprovement. The annexed area will be considered for CIP improvements in the upcoming CIP plan. This property will be considered according to the. established guidelines. ~4-98.4N~'VEXATION 8ERIXlCE PI. AN. doc ATTACHMENT 5 pRoPosED AN-N'E~ffi6N' SCHEDULE A- 98 - -' DME Spencer Generati'~'~;Plant December 14, 1999 January 1, 2000 January 11, 2000 January 6, 2000 January 16, 2000 January 18, 2000 January 26, 2000 February 8, 2000 February 12, 2000 March 21,2000 City Council receives a preliminary assessment, gives direction to staff and considers approval of a schedule for public hearings regarding ~he proposed annexati°n, i .. ' 0 PreliminaryAnnexation Assessment Prepared. · Notice Published in Denton Record-Chronicle for first public heating. n Annexation Study prepared and available for public review. a Service Plan prepared and available for public review. City Council conducts first public hearing. · Public notice must be no less than 10 days and no more than 20 days before public heating. Notice published in Denton Record-Chronicle for second public hearing. Notice published in Denton Record-Chronicle for P & Z public heating. City Council conducts second public heating. · Public notice must be no less than 10 days and no more than 20 days before public hearing. Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed..apnexation and the proposed zoning. · Public notice must be no less than l0 days before public hearing. City Council by a four-fifths vote institutes annexation proceedings. First reading of annexation ordinance. SPECIAL CALL MEETING. · Action must be more than 20 days after the second public heating but less than 40 days from the first public hearing. Publication of annexation ordinance in Denton Record-Chronicle. City Council by a four-fifths vote takes final action. Second reading and adoption of the annexation ordinance. City Council considers approval of zoning request. · Council action must be more than 30 days after publication of ordinance and less than 90 days after council instituted annexation proceedings. C:%'~y Documcnts[CG RcportslCC tYorkshopL4-96, DME Generation Plant. doc 9. AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET January 18, 2000 Legal Department Herbert L. Prouty, City Attorney SUBJECT - An ordinance of the City of Denton, Texas, authorizing a joint public hearing with the Planning and Zoning Commission and the City Council to be held on February 8, 2000, pursuant to Texas Local Government Code §211.007 (b) at the City Council Chambers at 6 o'clock p.m. to consider recommendation and action upon an ordinance creating nonresidential interim regulations for the implementation of the new Comprehensive Plan of the City of Denton; prescribing notice of the joint meeting pursuant to Texas Local Government Code §211.007 (d); providing for a recommendation by the Planning and Zoning Commission; superceding the provisions of all ordinances on the same subject matter to the extent of a conflict; and providing for'an effective date. BACKGROUND - This is the ordinance providing for the joint public heating between the City Council and Planning and Zoning Commission which was discussed at the City Council work session on January 11, 2000. The ordinance provides for a joint public hearing to be held at 6:00 o'clock p.m. on February 8, 2000. At the January 12, 2000 Planning and Zoning Commission meeting the Planning and Zoning Commission was informed of the joint meeting. Commission members requested that the joint public heating be held early in the evening on February 8. )~~tted, Edwin M. Snyder First Assistant City Attorney ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING A JOINT PUBLIC HEARING WITH THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL TO BE HELD ON FEBRUARY 8, 2000 PURSUANT TO TEXAS LOCAL GOVERNMENT CODE {}211.007 (b) AT THE CITY COUNCIL CHAMBERS AT 6 O'CLOCK P.M. TO CONSIDER RECOMMENDATION AND ACTION UPON AN ORDINANCE CREATING NONRESIDENTIAL INTERIM REGULATIONS FOR THE IMPLEMENTATION OF THE NEW COMPREHENSIVE PLAN OF THE CITY OF DENTON; PRESCRIBING NOTICE OF THE JOINT MEETING PURSUANT TO TEXAS LOCAL GOVERNMENT CODE {}211.007 (d); PROVIDING FOR A RECOMMENDATION BY THE PLANNING AND ZONING COMMISSION; SUPERCEDING THE PROVISIONS OF ALL ORDINANCES ON THE SAME SUBJECT MATTER TO THE EXTENT OF A CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton City Council pursuant to its home rule powers and Section 219 of the Texas Local Government Code, has adopted a new Comprehensive Plan; and WHEREAS, the City Council has previously appointed a City of Denton Code Committee to undergo the process of recommending new development regulations that are consistent with the policies set forth in the new Comprehensive Plan; and WHEREAS, in order to implement some of the policies pertaining to nonresidential uses contained within the new Comprehensive Plan, on an interim basis pending the adoption of new development regulations, the City Council deems it prudent to consider the adoption of interim regulations; and WHEREAS, pursuant to Texas Local Government Code {}211.007, the City Council desires to have a joint public heating with the Planning and Zoning Commission on February 1, 2000 at the City Council Chambers at 6 o'clock p.m, regarding the interim regulations.; and WHEREAS, pursuant to Texas Local Government Code §211.007 (d), the City Council wishes to prescribe notice of the time and place of the joint public hearing in a manner that is efficient and economical; and WHEREAS, by a two-thirds vote of the City Council, as required by Texas Local Government Code {}211.007 (d) the prescribed notice of the joint public hearing shall be as hereinafter set forth within this ordinance; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the Denton CiTM Council and the City of Denton Planning and Zoning Commission shall conduct a joint public heating pursuant to Texas Local Government Code §211.007 (b) on February 8, 2000 at the City Council Chambers located in City Hall at 215 East McKinney Street in Denton, Texas, at 6 o'clock p.m. to receive public input, consider, make recommendation, and/or take appropriate action concerning a proposed ordinance adopting nonresidential interim regulations implementing policies contained within the new Comprehensive Plan. SECTION 2. That the notice of the time and place for the joint public hearing on February 8, 2000 shall be given on two separate occasions as follows: Before the 15th day before the public hearing, a notice of the date, time and place of the public hearing shall be published in the Denton Record-Chronicle in two separate places; the legal notice section and another location in the newspaper separate from the legal notice section; and Before the 7th day before the public hearing, a notice of the date, time and place of the public hearing shall be published in the Denton Record-Chronicle in two separate places; the legal notice section and another location in the newspaper separate from the legal notice section. SECTION 3. The notice provided for herein is authorized by Subsection 211.007(d) of the Local Government Code. This ordinance and the notice requirements contained within this ordinance supercede any other notice requirements set forth in state law and other City of Denton ordinances including without limitation the notice requirements .set forth in Subsections 211.006(a) and 211.007(b) and (c) of the Local Government Code and Section 35-7 of the Code of Ordinances of the City of Denton. SECTI°N 4. The Planing and Zoning Commission may make its recommendation to the City Council concerning the proposed nonresidential interim regulations at the same joint public hearing meeting or may defer its recommendation to a later Planning and Zoning Commission meeting. If the recommendation is deferred to a later Planning and Zoning Commission meeting such recommendation may be referred to the City Council at any special or regular City Council meeting regardless of the time between such Planning and Zoning Commission meeting and City Council meeting. SECTION 5. This ordinance supercedes the provisions of any other ordinance on the same subject matter to the extent of a conflict. SECTION 6. The findings contained in the preamble of this ordinance are incorporated herein as if fully set forth within the body of this ordinance. SECTION 7. This ordinance shall become effective immediately upon its passage and approval. PAGE 2 PASSED AND APPROVED this the day of ,2000. JACK MILLER, MAYOR' ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~ '~f~ PAGE 3 Agenda No. ~' Agenda Item ~/,J,~" Date ..... )-/,,~ -~ ,o,m~, AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: January 18th, 2000 Planning & Developme~f~aSment Dave Hill, 349-8314 SUBJECT Consider the following requests for relief from the provisions of Ordinances 99-473 and 99-474, establishing moratoria to apply to certain specified development applications: Ryan Road, west of Teasley - 22.98 acres, SF-7 (Ordinance 99-473 PD-1, 8 acre Office/Tech Center, University Avenue (Ordinance 99-474) Rudy's Bar-B-Q, Loop 288 in front of Tractor Supply Store (Ordinance 99-474) Robson Ranch, 1-35W at Crawford Rd. (Ordinance 99-474) BACKGROUND Ordinances 99-473 and 99-474 (Exhibits A and B) were adopted by City Council on December 14h, 1999. These ordinances specify certain types of residential, general retail, and commemial development applications that are subject to moratoria intended to temporarily postpone application review and processing until interim standards are adopted. Ordinances 99-473 (Section 5) and 99-474 (Section 3) also contain provisions that allow applicants to request moratorium relief, and contains the following evaluation criteria to be used by Council: In deciding whether to grant relief to the applicant, the City Council shall take into consideration the following: (a) whether granting relief from the moratorium jeopardizes the City's best interests in implementing residential density limitations or other development standards contained in the proposed interim development regulations; (b) the suitability of the proposed residential uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site; (c) the impact of the proposed residential use on the transportation and other public facilities systems affected by the development; (d) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood; (e) the likelihood that sufficient relief will be provided to the applicant following adoption of the interim regulations; (f) the total expenditures made in connection with the proposed residential development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; (g) any fees reasonably paid in connection with the proposed use; (h) any representations made by the City conceming the project and reasonably relied upon to the detriment of the applicant. Requests for Relief Applicants requesting moratoria relief must petition the Council in writing. received since January l0th, 2000 (see Exhibit C, Attachments a through d). applications is provided below: Six petitions were The status of these a. Ryan Road, west of Teasley Request for Relief to: Location: Zoning: Platting: Comp Plan Consistency: Submit Preliminary Plat South side of Ryan Road, west of Teasley SF-7, maximum density of 3.2 dua, approved September, 1999 Not Platted Proposed use is consistent with Neighborhood Centers designation b. PD-1, 8 acre office/teeh center Request for Relief to: Location: Zoning: Platting: Comp Plan Consistency: Submit New Detailed Plan North side of University Drive, west of Gay PD-1 created in 1969, Detailed Plan for 4.8 acres, approved August, 1988 Unknown Proposed use is compatible with Community Activity Center designation e. Rudy's Bar-B-Q Request for Relief to: Location: Zoning: Platting: Comp Plan Consistency: Submit a Replat of 1 lot into 2 lots West side of Loop 288, north of Spencer Commercial Final Plat approved December, 1999 Proposed use is consistent with Regional Activity Center designation d. Robson Ranch Request for Relief to: Location: Zoning: Platting: Comp Plan Consistency: Submit Detailed Plan North of Crawford Road, west of I-35W PD-173, Concept Plan approved September, 1999 Not Platted Proposed uses are consistent with Neighborhood Centers designation OPTIONS Council may either: 1. Deny the request for relief, or 2. Grant the request for relief, or 3. Grant the request for reli~ef, subject to conditions consistent with the evaluation criteria set forth in the moratorium ordinances (and referenced on page 1). RECOMMENDATION Staff recommends that the decision of whether or not to grant the requests for relief should be based on the merits of each individual application. A separate Council vote should be made for each petition. ESTIMATED PROJECT SCHEDULE If moratorium relief is granted for a petitioner, processing of the development application will resume as per established procedures and legal requirements. If moratorium relief is not granted, processing of the application will be delayed until the moratoria are lifted. As per current schedules, City Council is expected to consider adoption of interim residential development standards and retail / commercial development standards on January 18th, 2000. Should the interim standards be adopted, staff wilt recommend that the moratorium ordinances be terminated upon the effective date of the interim standards ordinances. PRIOR ACTION/REVIEW Six petitions were reviewed on January 4th, 2000. The petitions requesting moratoria relief heard by Council included: a. Kwik Industries - approved b. Children's Lighthouse Leaming Center- approved c. Denton Independent School District projects - exempt under Ord. # 2000-071 d-l, d-2, d-3. Denton Cancer Center - approved e. Shadow Brook Place - approved f. Meztler's Addition- approved Five petitions were reviewed on January 11th, 2000. The petitions requesting moratoria relief heard by Council included: a. Business Park on Teasley - approved b. Lakeview Ranch - approved c. Centre Place - not approved d. Silver Dome and Cooper Creek - not approved e. Ace Business Park - not approved FISCAL INFORMATION The petitions are being processed and brought to Council using existing staff resources. Several of the petitions claim financial harm, an issue that may be evaluated by Council. ao d. Exhibit D: Location Map ATTACHMENTS Exhibit A: Ordinance 99-473 Exhibit B: Ordinance 99-474 Exhibit C: Written Petitions Requesting Moratorium Relief Ryan Road, west of Teasley - 22.98 acres, SF-7 PD-1, 8 acre Office/Tech Center, University Avenue Rudy's Bar-B-Q, Loop 288 in front of Tractor Supply Store Robson Ranch, 1-35W at Crawford Rd. Respectfully surfed:~ ~i~i Mana ~pment Services F.ASHARED~DEFr~LGL~Ou r Document~\O rdinnn~es'~9~moratOr ~um.reside~t~.8.doc EXHIBIT A AN ORDINANC. E OF THE CITY OF. DENTON, TEXAS, AMtgNDING AND SUPERCEDING ..IN ITS ENTIKETY ORDINANCE NO. 99-44'0 ESTABLISHING. A MORATORIUM pENDING THE ADOPTION OF INTERIM' sTANDARDs FOR'APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO CERTAIN SPECIFIED RESIDENTIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED LAND DEVELOPMENT CODE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has enacted by ordinance, a new Comprehensive Plan for the City of Denton on December 7, 1999, which supercedes the Denton Development Plan; and WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to residential land use, growth management, housing and open space provision; and WHEREAS, the City intends to comprehensively amend its Code of Ordinances, including inter alia its zoning and subdivision regulations, in order to implement such polices, goals and Strategies; and · WHEREAS, it appears'that substantial apPlicationS f~r appro/(al of. residential develOpments is likelY to occur in the intervening time period; and WHEREAS, it further appears that approval of such devel.opment ...applications inconsistent with the new comprehensive Plan is contrary to the intent and purposes of the plan; and WHEREAS, a joint public hearing of the planning and Zoning Commission and the City Council concerning the adoption of interim regulations was held on December 7, 1999; and WHEREAS, at the Decembei 7, 1999 joint meeting the City Council was unable to' adopt such interim regulations; and WHEREAS, at isuch City Council meeting the city COunci1 adOpted Ordinance No. 99- 440' establishing a moratorium on certain residential development applications pending the adoption of the interim regulations; and WHEREAS, the City Council finds that it' is .in the public interest to amend such ordinance in its entirety. THE COUN~2IL OF'THE CITY OF DENTON HEREBY ORDAINS: SECTION i.' Ordinance No. 99~a. 40 is her.eby amended and superceded in its entirety to read as hereinafter provided for in this ordinance. SECTION 2. Moratorium Established. Except as otherwise provided herein., ;from and after the effective date of this ordinance and.dUring the. Moratorium Period as specified 'in Section :~4 Of this ordinance, no City employee, officer, agent, bureau, department or commission of the City shall accept for filing any residential devel6pment application, nor take any action to proc6ss such application, including but not limited to acceptance of fees, review or evaluation of the applications, scheduling for public review or hearing, fommlation of conditions or issuance of preliminary or final approvals of such appli6ations. In the event that an application for a residential application is submitted to the City, the application shall be returned, together with any proffered application fee, to the applicant with notification that the application will not be accepted for filing or further processing for the duration of this Moratorium Ordinance. (C) Any action taken by any City employee, officer, agent, bureau, depaxh-ent or commission of the City to accept for filing or to further process an application for a residential development application after the effective date of this.ordinance is. deemed void of no effect. SEC;FION 3. Exemptions. This .ordinance does not apply to th~ folloWing types of · devel'oprnent applications: · · (A) an application for a building permit for a single-family or two-family dwelling; (c) (D) an application for approval of a detailed plan for residential use that has been accepted for filing prior to December 15, 1999; ar/'a~plication for approval or amendment of a fmal plat for. a single-family or two-family subdivision, where a preliminary plat has been ·accepted for filing prior to the effective date of this ordinance or an application for approvil or amendment of a preliminary m: final plat for a .single-family or two-family subdivision, where a detailed plan has been aPproved br :accepted for filing prior to December 15, 1999; an application for approval of a building permit for a multi-family dwelling, which is subject to a detailed' plan approved or accipted, for filing prior to December 15, 1999; an application for apPwval or amendment of a preliminary plat for a single-family or two family subdivision, where the application was accepted for filing prior to the effective date of this ordinance or which is subject to a general development · plan approved prior to such date; F:~ HA~. D~DEPT~LGL~Our Documents\Ordinances~m0~tOHum.residenfial.g.do~ (F) an application to approve non:residential development. :(G). any concept.plan or detailed 'plan tha. t was.remanded bY the City CoUncil t° the -'.' Planning aml Zoning Commission prior to the effective date of this ordinance. any application for approval of a specific use permit for residential use pending for decision on 'the City Council agenda for December 7, 1999 and any subsequent application for residential use subject to a special use permit approved on such date. The exemptions contained in this Section allow such applications to be processed and finally decided but do not apply to nor authorize the filing of any subsequent residential development application for the same property. SECTION4. Definitions. For purPoses of this ordinance the following terms are defined to mean' Accepted for filing means the status of a residential development application following submission and acceptance as complete by the Director of all. application materials and documents required by the City Code of Ordinance. citY means the City. of Denton, Texas.' Concept plan means a general concept plan as provided for in ChaPtOr 35, Article IV of the Code of Ordinances of the City. Densi[y means the maximum number of dwelling units allowed under the zoning classification per unit of land. D6't~iiled plan means a detailed plan as provided for in Chapter 35, Article IV of the Code of Ordinances 0fthe City. Development· plan means a development plan as provided for in. Chapter 3.5, Article IV of the Code of Ordinances of the City.' . ' Director means the Director of Planning and Development or his designate. Final plat means a fmal plat as defined in Section 34-1! and as provided for in Section 34-15 of the Code of Ordinances of the City. Multi-family means multiple-family dwelling (apartment) as defined in Section 35-76 of tho Code of Ordinances of the City. Planned development means a planned development district as defined in Chapter 35, -Article IV of the Code of Ordinances of the City. F:~HARED'uDEP'IALGL~Our Documer~ts\Ordinancesk09~nora~°rium.residential.8.doc ' . · i'" Preliminary. plat means a preliminary plat as defined in Section 34-11 and as provided for in Section 34-18 of the Code of Ordinances of the City. - ' 'property_ 0Wn~r means an. oWne~ as defined in secti0h 34'11 of the Code of Ordinances of the City. Residential development application means a request to establish the use of the property for residential purposes or a request to grant a permit for such purposes, including the establishment or approval of single-family attached or detached, two-f.a[nily, or multi-family dwellings. Residential development application includes a request to zone or rezone land for residential use; or request to approve or amend a concept plan, development plan, or detailed plan for a planned development district; a request to approve or amend a preliminary or final plat for residential use; or a request to approve a building permit, for a multi-family dwelling. Residential development application refers to the application form, together with all documents and exhibits required of the applicant by the City for development review purposes. Residential zonine district or residential uses means multi-family dwelling, two- family dwelling, one-family dwellings~' a~ached, and 'one-family dwelling, detached uses. : .. Rezoning. means an application for amendment, supplement or char}ge to zoning as provided for in Section 35-7 of the Code of Ordinances of the City. Sin~ie-family, attached means one-family dwelling (attached) as defined in Section 35-76 of the Code of Ordinances of the City. Single-family, detached means one-family dwelling (detached) as defined in Section 35-76 of the Code of Ordinances of the City. : Two-family dwelling means a two family dwelling as defined in Section 35-76 of the COde of Ordinances of the City.. ' . Zoning means an application for the first zoning classification and land use conditions applicable to real property as provided for in Chapter 35 of the Code of Ordinances of the City. Zoning map means zoning district map as defined in Section 35-3 of the Code of Ordinances of the City. SECTION 5. Relief From Moratorium. Relief requests ... .... The' applicant mai?" petition the City Council for relief from the moratorium by requesting such relief in writing. The City Council shall not relieve the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the City Council can reasonably conclude that the imposition of the moratorium deprives the applicant of a vested property right or deprives the applicant of the economically viable use of his land. .- In deciding whether to grant relief to the applicant, the .City Council shall take into consideration the following: (a) whether granting reiief from the moratorium jeopardizes the City's best interests in implementing residential density limitations or other development standards' .contained in the proposed interim- development regulations; . Co) the suitability of the proposed residential uses in ligltt' of land Uses allowed in the zoning districts on property adjacefit to the proposed site; .' . (c) the impact of the proposed residential use on the transportation and other public facilities systems affected by the development; (d) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood; (e) '(0 the likelihood that sufficient relief will be provided tO the applicant following adoption of the interim regulations; . the total expenditures made'in connection With the proposed residential development in reliance on prior r6gulations, including the costs of installing irrl~astmcture to serve the project; (g) any fees reasonably paid in connection with the proposed use; any representationi made by the City concerning the project and reasonably relied upon to the detriraent of the applicant. 4. The City Council may take the following actions: · ', ~ . F~k~I-IARED~DEPTkLGL~Our Decuments\Ordinanee~k99kmoratofium.reslde~tial.~.do~' ....... ' ~' · ~. ~ . (a) deny the relief request; Co) grant the relief requeSt;.or .(c) grant 'the relief request subject tO conditions consistent with the criteria set forth in this section. Minimum relief. Any relief granted by the City Council shall be the minimum deviation from 6rdinanee requirements necessary to prevent deprivation of a vested property right. .SECTION 6. Moratorium Period. The moratorium established by this ordinance shall commence on the effective date of this ordinance and expire on February 2, 2000. The City Council reserves the right to extend the moratorium if the interim regulations do not become effective on or before said date. Should the interim regulations be adopted before said date, the ordinance adopting the interim regulations will contain a clause terminating the moratorium as of the date Of such adoption. .SECTION 7. Preamble Findings. The findings and recitations contained in the preamble. of this ordinance are substantive and are hereby incorporated into the body of this ordinance. SECTION 8. Severabili _ty. If any provision of this ordinance or 'the application thereof · to any..person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this o~:dinan~e are severable. SECTION 9..Effective Date. This ordinance shall become effective immediately upon the date of its passage and approval. PASSED'AND APPROVED this the/_~_._-day of December, 1999. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORMi ~~ HERBERT L. PROUTY, CITY ATTORNEY: 10. NOTE: Amended by Ordinance No. 2000-017. EXHIBIT B. " AN'ORDINANCE ..OF.. THE CITY OF DENTON,. TEXAS,' ESTABLISHING A MORATOR-RJM PENDING THE :ADOPTION OF.~ITERIM .STANDARDS FOP, APPLYING POLICIES OF THE ADOPTED .COMPREHENSIVE PLAN .TO CERTAIN SPECIFIED COMMEKCIAL DEVELOPMENT APPLICATIONS PRIOP` TO ADOPTION OF A REVISED LAND DEVELOPMENT CODE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton enacted by ordinance, a new Comprehensive Plan for the City 0fDent0n on December 7, 1999, which supemedes the Denton Development Plan; and WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to commercial land use and growth management; and WHEREAS, the City intends to comprehensively amend its Code of Ordinances, including inter alia its zoning and subdivision regulations, in order to implement such polices, goals and strategies; and WHEREAS, it appears, that substantial applications for approval of commercial developments is likely to occur in the intervening time period; and . .WHEREAS~ it further-'appears that approval of such developmbnt.' applications inconsistent with the new Comprehensive Plan is contrarY to the intent and purposes of the plan; and WHEREAS, the City Council finds that it is in the public interest to establish a moratorium on certain commercial development applications pending the development of criteria for determining consistency with the adopted Comprehensive Plan. ;. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. M03atorium EStablished. (A) Except as otherwise provided herein, from and afier the effective date of this ordinance and during the Moratorium Period as specified in Section 5 of this ordinance, no City employee, officer, agent, bureau, d .epartment or commission of the City shall accept for filing any commercial development application, nor take any 'action to process such application or any other commercial development application previously filed before the effective date of this ordinance, inclUding but not limited to acceptance of fees, review or evaluation of the applications, scheduling for public review or hearing, formulation of conditions or issuance of preliminary or final approvals of such applications. (B) In the event that an application for a commemial development application is submitted to the City, 'the application shall be returned, together with any .proffered application fee, to the applicant with notification that the applicatiOn ~will: not be accepted for filing or further PrOcessing for the duration'of.this' MOratorium Ordinance. ' " ' ' .... (c) Any action taken .by any City employee, officer, agent, bureau, department or commission of the City to. accept for filing or to further process a commercial development application after .the effective date of this ordinance is deemed void and of no effect. SECTION 2. Definitions. For purposes of this ordinance the following terms are de. fined to mean: Accepted for filing means the status of a commercial development application following submission and acceptance as complete by the Director of all application materials and documents required by the City Code of Ordinances. Ci_ty means the City of Denton, Texas. Commercial development application mean~ an application 'for detailed plan, preliminary plat, or final plat approval 'for commercial, uses. Commercial develonment application refers to the application form, together with all documents and exhibits required of the applicant by the City for .development review purposes. Commercial uses means any uses allowed by fight or by special use permit under the Commercial District and General Retail District as provided in Section 35-77 of the Code of Ordinances of the City including any planned development district that ~ontains any such uses. Concept plan means a general concept plan as provided for in Chapter 35,'Article IV of the Code of Ordin.ances of the City. Detaii~d Plan meanS a detailed plan as ProXqded for in ChaPter 35, Article IV of the Code of Ordinances of the City. Development plan means a development plan as provided for in Chapter 35, · Article IV of the Code of Ordinances of the City. Director means the Director of Planning and Development or his designate. Final plat means a final plat as defined in Section 34-11 and as provided for in Section 34-15 of the Code.of Orainonces of the City. 12. Page 2 of 5 Planned development means a planned development district as defined in Chapter 35, Article IV of the Code of Ordinanc6s of the City. Preliminary Plat means' a .preliminar~ plat as defined in SeCtion 34,11 and as provided for in Section 34-18 of the Code of Ordinances 6fthe City.' Property owner means an owner as defined in Section 34-11 of the Code of Ordinances of the City. Rezoning means an application for amendment, supplement or eh.ange to zoning as provided for in Section 35-7 of the Code of Ordinances of the City. Zoning means' an application for the first zoning classification and lan~l use conditions applicable to real property as prov!ded for in Chapter 35 of the Code of Ordinances of the City. Zoning approval means the adoption of an ordinance approval zoning or rezoning and includes approval of a concept plan. Zoning map means zoning district map as defined in Section 35-3 of the Code of Ordinances.of the City. · SECTION'3. Relief From Moratorium.. A. Relief requests The applicant may petition the City Council for relief from the moratorium by requesting such relief in writing. The City Council shall not relieve the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the City Council can reasonably conclude that the imposition of the moratorium deprives the applicant .of a vested property right or. deprives the applicant of the economically Viable use of his land.' "~ In deciding whether to grant relief to the applicant, the City Council shall take into consideration the following: (a) whether granting relief from the moratorium jeopardizes the City's best interests in implementing Comprehensive Plan consistency criteria; the suitabilitY of the proposed commerCial uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site; 13. page 3 of 5 the impact of the proposed commercial use on the transportation and other public facilities systems affected by the development; the measUres proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood; the likelihood that sufficient relief will be provided to the applicant following, adoption of the Comprehensive Plan consistency criteria; (f) the total expenditures made in connection with the proposed commercial devel6pment in reliance on prior regulations, including the costs of installing infrastructure to serve the project; (g) any fees reasonably paid in connection with the proposed use; any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant. The City council .may take tho following actions~ (a). deny'the relief request; Co) grant the relief request; or (c) grant the relief request subject to conditions consistent with the criteria set forth in this section. Mihiinum relief. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation of a vested property right. 'SECTION 4. MoratOrium period. The' moratorium established by this OrdinanCe 'shall commence on the effective date of this ordinance and expire on February 16, 2000. SECTION 5. Preamble Findings. The findings and recitations contained in the preamble of this ordinance are substantive and are' hereby incorporated into the body of this ordinance. SECTION 6. Severabili[y. If any provision Of this ordinance or the application thereof to any person or cimumstanee is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. . 14. Page 4 of 5 ~..Effective Date. This ordinance Shall become effective immediately upon the date of its passage and approval. PASSED AND APPRovED this ihe ~_.daY of ~./'/c~i': . · ,..1999. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: .HERBERT L: PROUTY, CITY ATTORNEY By: . Page5 of 5 ~,'iCH-LGL\VOLI~S~D'~DEP'I~LGL\Our Doct~men~s\Ordmance, s~9,~loratorium, conm,,ercial exemPtionS armndr~nt.doc: ~ -.z,~: ~, ORDINANCE NO.- 000- 0/7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 99-474 BY ESTABLISHING EXEMPTIONS FOR CERTAIN COMMERCIAL USES FROM THE MORATORIUM ESTABLISHED PENDING .THE ADOPTION .OF INTERIM STANDKRDS FOR APPLYING POLICIES 'OF THE'ADOPTED COMPREHENSIVE PLAN TO CERTAIN COMMERCIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED LKND DE. VELOPMENT CODE; PROVIDING FOR A SPECIFIC EXEMPTION FOR PUBLIC PROJECTS FROM THE COMMERCIAL DEVELOPMENT APPLICATION MORATO1LIUM; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIvE DATE. WHEREAS, thc City of Denton has enacted by ordinance, a new Comprehensive Plan for the City of Denton on December 7, 1999, which supercedes the Denton Development Plan;"and WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to residential land use, growth management, housing and open space provision; and WHEREAS, the City intends to comprehensively amend its Code of Ordinances, including inter alia its zoning and subdivision regUlations, in order to implement sUch polices, goals and strategies; and WHEREA'S, it appears that .substantial applications for approyal of commercial developments is likely to occur in the intervening time period; and WHEREAS, it further appears that approval of such development: 'applications inconsistent'with the new Comprehensive Plan is contrary to the intent and purposes of the plan; and WHEREAS, the City Council adopted Ordinance No. 99-474 establishing a'moratorium on certain comm.e.rcial development applications pending the adoption of the interim regulations; and WHEREAS, the City Council finds that it is in the public interest to amend such ordinance to allow exemptions for certain commercial uses as defined by the ordi~iance and for a Specific exemption for public projeCts;· NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Ordinance No. 99-474 is hereby amended by adding the following provisions. Exemntions. The moratorium established by Ordinance No. 99-474 shall not apply to the. following types of development applications: (^) a c0mmemial development apPlicatiOn for commercial uses as listed in Exhibit A which is attached hereto and incorporated by reference as if .qet out word for word; (B) a commercial development application for a public pro|eot. A Public project is defined f°fihc purP°ses of this o}dinance'as any project ihat is initiated for a governmental entity. This includes but i~ not limited to federal, state, county, municipal, school district or'a subdivision of a school district, special districts allowed by state law, publicly owned utility, or any other govemmentai or quasi-governmental authority. SECTION 2. Preamble Findin_g~. The findings and recitations contained in the preamble of this ordinance are substantive and arc hereby incorporated, into the body of this ordinance. SECTION 3. Saving. That the provisions of this ordinance shall govern and controi over any conflicting provisions of Ordinance No. 99-474, but all the provisions of Ordinance No. 99~ 474 not in conflict with this ordinance shall continue in full force and effect. SECTION 4. Severabili _ty. If'any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions 6r applications, and to this end the provisions of this ordinance are severable. SECTION 5. Attachment.- That a copy of this ordinance shall be attached to Ordinance No. 99-474 showing the amendthent herein hpproved. SECTION 6. Effective Date. This ordinance shall become effective imm6diately upon the date of its passage and approval. PASSED AND APPROVED this the ATTEST: · "" JENNIFER WALTERS, CITY sEcRETARy. __ day of ~~ ,2000. 17. · EXHIBIT A ----,- ' -. -- ' The following specific uses (bold letters) which are listed in Section 35-77 of the Code of Ordinances, City of Denton, Texas are exempted form the moratorium created by Ordinance 99-474. · PRIMARY RESIDENTIAL USES ONE FAI~.y DWELLINa RESTRICTED . . · EDUCATIONAL~ INSTITUTIONAL & SPECIAL USES ART GALLERY OR MUSEUM CEMETERY OR MAUSOLEUM CHURCH ORRECTORY COLLEGE, UNIVERSITY OR PRIVATE SCHOOL CoMMUNITy CENTER (PUBLIC) DAY NURSERY OR KINDERGARTEN SCHOOL HOSPITAL (GE~E~L Acm~ CARE) INSTITUTION OF RELIGIOUS OR PFm,ANTItROPiC NATURE LIBRARY (PUBLIC) MONASTERY OR CO~v'~NT ' PARK, PLAYGROUND OR PUBLIC COMM. CENTER SCHOOL, PRIVATE PRIMARY OR ~ECONDARY SCHOOL, PUBLIC OR DENOMINATIONAL SCHOOL, BUSINESS OR TRADE · UTILITY, ACCESSORY AND INCIDENTAL USES PUBLIC BUILDING, SHOP, YARD OR LOCAL, STATE, OR FEDERAL GOVERNMENT SWIMMING POOL (PRIVATE) .. · RECREATIONAL AND ENTERTAINMENT USES GOLF COURSE (PUBLIC) PARK OR PLAYGROUND (PUBLIC) PLAY FIELD OR STADIUM (PUBLIC) · AGRICULTURAL TYPE USES FARM OR RANCH I~H-LGL~VOLI ~S HARED~DF~°T~LGLIOur Docurnents\Ordinancesk0O~oratorium-con-a-a~-~al ~n~ndmmt oxh~lt A.d0c 18. '01/1~'2000 19:29 9727199098 .AND DEVELOP PAGE 02 ~,XHIBIT C.a. Lam~ Development, Janum'y 10, 2000 Honorable Mayor and City Council City of Denton 215 East McKinney Denton, Texas 76201 RE: 22.982 Acre Tract, Ryan Road west of Tea~ley Lane De~r Sirs: The referenced tract has been recently zoned ~rom "A' to "SF-7" by ordinance number 99-351 approved on September 21, 1999. Sienna Development currently has this tract under contract and requests relief ~rom the current moratorittm so that a preliminary plat can be submitted and cor~idered for approval. Your review of this request is greatly appreciated a~d will await your response. Sincerely, Kenny Hafngr President 19. suite 200 *, Irvi,w, Te~ 7~038 . offlc~ 972~719-9099 * Fa;~ 972-719-9098 ~ Mobile 214-202-7B18 81/1~12088 17:04 1-940-383-4750 EXHIBIT C.b&c 'ER PAGE West Oak Street, Suite Denton, Texas 76201.0404 · ~/3~0.Z033 F-ex 01 Janua~ 10,2000 Mr. Dave Hill Assistant City Managar of Development Services 215 East M~Kinney Avenue Denton, TX 76201 Fax: 940/349-8596 Dear Mr. Hill: · We am asking for relief from the commercial building moratorium imposed bythe Denton City Council on December 7, 1999, to continue our plane to develop: 1) An office/tach center on an 8._+-acm tract of vacant land located along the north line of Universily Avenue between Gay Street and Geoq]etown Street, This tract IS zoned "PD-I" and to the best of our knowledge, requires no zoning changes for He proposed use. In addition, the utility infrastructure to ~IS site Is already in place. We would like to proceed with the detail plan process for approval, in compliance with City of Denton Ordinances. 2) Rudy's Bar. B-Q restaurant, to be located at 1200 Southeast Loop-2.88. This development will be located in front of the Tmb-'tor Supply store we completed last month. Again, the existing zoning requires no modification and the utility infrastructure is in place. Thank you very mucll for your time and consideration. Sincerely, James M. Sawyer 20. J~N-dl-O0 TUE 15:15 P. 02 EXHIBIT C.d. Kobson Communities Balldit~g Re~rt L[fesO,lesfor Actlve Adu~ Steven M. Sorlano Senior Vice President Acquisitions and D~vclopraem (480) 895-4219 January 1 I, 2000 Facsimile 940-349-$5~ Jennifer Walters, City Secretary City of Denton 215 E. McKinncy Denton, TX 76201 Re: Ordinance #99-474 Dear Ms. Walters: Robson Ranch Denton, LLC, the owner of approximately 2,700 acres in the southwestern quadrant of the City of Denton requests relief from the above-referenced moratorhtm as it relates to our Robson Ranch development project. Specifically, we request that the construction facilities, the clubhouse area, the model and sales areas, m~nwr~a~ y~rd~ anal golf ~our~o~, as well as water m~d waat~wat~r facilities be grm~t~d relier from t.h¢ moratorium, aa thc.sc developments are directly related and integral to th~ r¢~id¢ntial &volopment which is not ~ubjoct to th~ momtorimn, The entire project was approved under tim n~wor guidelines and newer count;il obj~¢ti¥os at ~oning and concept Delay in the processing of plats for the construction facilities, clubhouses, sales m~as, mainte]mncc yards, golf courses ~'md related utility at'cas would result in a material imposition and hardship on the balance of our commtmity and project. Requests for approvals on these items will be consistent with thc zoning and conccpt plans recently approvcd by tlm City Council. Therefore, we feel that granting relier fi,om the moratorhma would not jeopardize thc City's best interests in implementing the Comprehexmive Plan as it stands now. Also, the suitability of the proposed commercial u~e is consistent with the use of properties adjacent to the proposed sites, We understand that it is not completely clear whether or not each of the uses described above would fall under this cotmncrcial moratoriunl. For that mason and to all~via~ any eunru,sion regarding the intent or thc moratorium, we request that the Council provide blanket relief for our project as it relates to tiffs moratorimn so we may 9532 East Rtgg$ P~ad, Sun Lake~, Arizona 8,52,18-7411 - Tclcphonc~ 602~95-9200 · Faro 002-895-5455 SUN L~%KFS · SUNBIRD 2 1. RilIII~. ~ADDL~BROOKB J~-~l-O0 TUE 15;16 P.O~ Jennifer Walters 1anuary 11, 2000 Page 2 continue with our processing and bring all the related amel~ties online as soon as possible. We thank you for your consideration. Feel free to contact me or Dallas Paulsen at 480-895-9200 with any quostions regarding this request for relief. Sincerely, Steve Soriano SMS/kmp Edward J. Robson Dallas Paulsen 22. EXHIBIT D. Location Map 23. AGENDA INFORMATION SHEET Agenda Item AGENDA DATE: January 18, 2000 DEPARTMENT: Engineering & Transportation CM/DCM/ACM: Dave Hill, Assistant City Manager SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A NEW PUBLIC HIGHWAY CROSSING AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY RELATING TO THE CONSTRUCTION OF THE NOTTINGHAM ROAD RAILROAD CROSSING AT MII.E POST 717.17 IN THE CHOCTAW SUBDIVISION; AUTHORIZING THE EXPENDITURE OF FUNDS FOR PROCESSING SUCH AGREEMENT; AND DECLARING AN EFFECTIVE DATE. BACKGROUND: In order to obtain a crossing for the Nottingham extension, in the Choctaw Subdivision, the City must close 2 existing crossings. These crossings are Texas Street, and a private crossing for Acme Brick. RECOMMENDATION: Staff endorses the approval of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This concept went before the City Council on July 13, 1999, as item 22. This item is now presented in the fomi of an Ordinance to ratify the contract with Union Pacific. FISCAL INFORMATION $160,000.0o to $200,000.00 MAP Attached Chrystopher Owens, Right-of-Way Agent Respectfully submitted: J~'ry ~lark,/Director Eflgin'eering & Transportation ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A NEW PUBLIC HIGHWAY CROSSING AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY RELATING TO THE CONSTRUCTION OF THE NOTTINGHAM ROAD RAILROAD CROSSING AT MILE POST 717.17 IN THE CHOCTAW'SUBDIVISION; AUTHORIZING THE EXPENDITURE OF FUNDS FOR PROCESSING SUCH AGREEMENT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City has requested Union Pacific Railroad Company (UP) to grant the City a 70-feet street easement across UP right-of-way at Mile Post 717.17-Choctaw Subdivision for the proposed new Nottingham crossing; and WHEREAS, LIP has agreed to grant such easement if the City would close Texas Street at Mile Post 718.40 and the Acme Brick private street crossing at Mile Post 720.69 of the Choctaw Subdivision, pay the cost for constructing the needed improvements and execute a new public street crossing agreement; and WHEREAS, the City finds that the public's health, safety and welfare would be improved by .closing the aforementioned streets and opening the Nottingham Road crossing; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to act on the City's behalf in executing a New Public Highway Crossing Agreement, which is attached hereto and made a part hereof for all purposes, with Union Pacific Railroad Company relating to the construction of the Nottingham Road Railroad Crossing at Mile Post 717.17 in the Choctaw Subdivision. SECTION 2. That the expenditure of funds as provided in such agreement for the processing of same is hereby authorized. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 of 2 PHC 880706 Form Approved, AVP-Law Agreement Number Folder No.: 1809-23 NEW PUBLIC HIGHWAY CROSSING AGREEMENT Nottingham Road Mile Post 717.17 - Choctaw Sub. Denton, Denton County, Texas THIS AGREEMENT, made and entered into as of the day of , 19 , by and between UNION PACIlqC RAILROAD COMPANY, a Utah corporation to be addressed at 1800 Famam Street, Omaha, Nebraska 68102 (hereinafter the "Railroad") and the CITY OF DENTON, a municipal corporation or political subdivision of the State of Texas to be addressed at City Hall West 221 N. Elm St., Denton, TX 76201 (hereinafter the "Political Body"), WITNESSETH: RECITALS: The Political Body desires to undertake as its project the construction of a new road crossing at Nottingham Road (hereinafter the "Project"). The Political Body desires the right to use for the Project that portion of the right-of-way of the Railroad at Mile Post 717.17 on the Choctaw Sub. (hereinafter the Crossing Area ) shown on the attached print dated September 1, 1999, marked Exhibit A. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: ARTICLE 1 - RAILROAD GRANTS RIGHT For and in consideration of the Political Body's agreement to perform and abide by the terms of this Agreement, including Exhibits A, B, B-1 and C, attached hereto and hereby made a part hereof, the Railroad hereby grants to the Political Body, the right to establish, construct, maintain, repair, renew, and use a public roadway at grade over and across the Crossing Area, together with the right of entry to control and remove from the Railroad's right-of-way, on each side of the Crossing Area, weeds and vegetation which may obstruct the view of motorists, approaching the Crossing Area, to any trains that may also be approaching the Crossing Area. ARTICLE 2 - COMPENSATION In consideration of the rights granted herein, the Political Body does hereby agree to pay to the Railroad the sum of ONE THOUSAND DOLLARS ($1,000.00) for clerical, administrative and handling expense in connection with processing this Agreement. ARTICLE 3 - CERTIFICATE OF INSURANCE A. Before any work on the Premises begins, the Political Body (as defined in Section 8(a) of Exhibit B to this Agreement) will provide the Railroad with a Certificate issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit B.1 of this Agreement in a policy containing the following endorsement: 1809-23.ph¢ Page I November 18, 1999 PHC 880706 Folder No.: 1809-23 Form Approved, AVP-Law "Union Pacific Railroad Company is named as additional insured with respect to all liabilities arising out of Insured's performance of the work required for a new 80 fi crossing at Nottingham Road.' B. The Political Body WARRANTS that this agreement has' been thoroughly reviewed by its insurance agem(s)/broker(s) and that said agem(s)/broker(s) has been instructed to procure insurance coverage and an endorsement as required herein. C. All insurance correspondence shall be directed to: Union Pacific Railroad Company, 1800 Farnam Street, Omaha, Nebraska 68102, with reference to Folder No. 1809-23. D. The Political Body may self-insure all or a portion of the insurance coverage required hereunder, subject to Railroad's review and approval. However, the Political Body's contractor/subcontractor (if any) shall obtain and provide evidence of insurance coverage pursuant m Exhibit B-1 of this agreement. ARTICLE 4 - IF WORK IS TO BE PERFORMED BY CONTRACTOR If a contractor is to perform any of the work on the Project (including initial construction and subsequem relocation or substantial maintenance and repair work), then the Political Body shall require its contractor to execute the Railroad's Right of Entry Agreement. Political Body acknowledges receipt of a copy of the Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will Political Body's contractor be allowed onto Railroad's premises without first executing the Right of Entry Agreemem. ARTICLE 5 - FEDERAL AID HIGHWAY PROGRAM The Project is to be financed in whole or in part from funds appropriated by the Federal governmem and expended under. Federal regulations. It is therefore agreed, by and between the parties hereto, that Federal-Aid Highway Program Manual, Volume 1, Chapter 4, Section 3, and Volume 6, Chapter 6, Section 2, Subsection 1, issued by the Federal Highway Administration, and any amendments or supplements thereto which are in effect at the time of the execution of each supplement hereto, are incorporated by reference into this Agreement. ARTICLE 6 - WORK TO BE PERFORMED BY THE RAILROAD A. The Railroad may make any and all changes, alterations or relocations, whether temporary or permanent, and may provide flagging and other protective services and devices, which in the Railroad's judgment may be or become necessary or expediem within the Railroad's right-of-way because of the Project. Such work shall include, without limitation~ B. The Railroad shall, at the sole cost and expense of the Political Body, maintain, repair, and replace the warning devices installed hereunder; PROVIDED, HOWEVER, that this provision shall not negate the Railroad's eligibility for ,my further federal, state or local or other public funds that may become available for the maintenance of said devices; and PROVIDED, FURTHER, that the cost of repair or replacement resulting from damage caused by non-parties that is not recoverable by the RAILROAD or POLITICAL BODY from the non-parties shall be borne 100% by the Political Body. C. The Political Body agrees to pay the Railroad 100% of the actual cost of the Railroad's work performed and materials supplied as hereinabove~ set forth, which is estimated to be $ . Actual costs to the Railroad include customary additives to materials and services provided by the Railroad as shown on Exhibit C, attached hereto and hereby made a part hereof. 1809-23.phc Page 2 November 18, 1999 PHC 880706 Folder No.: 1809-23 Form Approved, AVP-Law ARTICLE 7 - EFFECTIVE DATE: TERM This Agreement shall become effective as of the date first herein written, or the date work commences on the Project, whichever is earlier, and shall continue in full force and effect until terminated as herein provided. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in DUPLICATE as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By Asst. Vice President-Real Estate ATTEST: CITY OF DENTON By~ Title: (Seal) Pursuant to Resolution/Order dated: · 19 hereto attached. 1809-23.phc Page 3 November 18, 1999 An~ of _Cr~_'n~ %0° (i~., l~imad A~ Applic~'s (t),y ~) j /Off' Location Plan Proposed ~IBL~c. CrossinE For ~.. M,P. "/1'-/,1')' ~ ~-1 -~ i~l,md Ri/bt of W~ '~' · ~ · PHC 880301 Standard Form Approved, AVP-Law EXHIBIT B Public Highway Crossing SECTION 1 - CONDITIONS AND COVENANTS a) The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Rc~road, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonp~t~' shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroads written consent. Nothing herein shall obligate the Railroad to give such consent. b) The Rattroad reserves the right to cross the Crossing Area with such raikoad tracks as may be required for its convenience or purposes in such manner as not unreasonably to interfere with its use as a pubhc highway. In the event the Railroad shall place tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modi~ the highway to conform with the rail hne. c) The right hereby granted is subject to any ex~sting encumbrances and rights (whether public or private), recorded or not, crud also to any renewals thereof. The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the railroad property, unless the Pohtical Body at its own expense settles with and obtains releases from such nonparties. d) The Ratlroad reserces the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby gra~ ted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replc~ce tracks, facilities and appurtenances on the property; also the right to cross the Crossing Area with all kinds of equipment. The Railroad further reserves the right to attach signal, communication or power lines to any highway facilities located upon the property, provided thai such attachments shall comply with Political Body's specifications and will not interfere with the use of the Crossing Area. e) So far as it lcnvfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component port of the Raikoad's operating property. f) If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the highway and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad. SECTION 2 - CONSTRUCTION OF HIGHWAY a) The Political Body, at its own expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the lq~lroad upon request with satisfactory evidence that such authority has been obtatned. b) Except as may be otherwise specifically provided herein, the Political Body, at its own expense, will furnish all necessary labor, material and equipment, and shall construct and complete the highway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway wmming devices (except those installed by the Railroad within its right-of-way), and all necessary and proper drainage facilities, guard rails or barriers, and right of way fences between the highway and the railroad tracks. Upon completion~of the Project, the Political Body shall remove from the Railroad's property all temparm7 structures crud :[cdse work, cnxd will lec~ve the Crossing _~rea in a condition satisfactory to the Ratlroad. phx.cxb Page 1 G:\lawadm\par\forms\0589n.exb Exhibit B PHC 880301 Standard Form Approved, AVP-Law c) The Railroad will receive no ascertainable benefit from the construction of the Project, and, except as may be specifically provided herein, shall not be required to pay or contribute any part of the cost thereof. If the Project is to be financed in whole or in part by Federal funds, all construction work by the Political Body shall be performed, and any reimbursement to the Railroad for work it performs shall be made, in accordance with the applicable Federal acts, regulations, and this Agreement. d) All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the highway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Vice President-Engineering Services of the Railroad or his author/zed representative and in accordance with detailed plans and specifications prepared by and at the expense of the Political Body, and approved in writing by the Railroad's Vice President- Engineering Sen, ices. e) All construction work of the Political Body shall be performed diligently and completed within a reasonable time, and in any event within three (3) years from the effective date of this Agreement, or within such further period of time as may be specified in writing by the Railroad's Vice President-Engineering Services. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's. written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Pohtical Body hereby assumes the risk of any such delays and agrees that no claims for damage on account of any delay shall be made against the Railroad. f) If the Project includes construction of a structure over which trains are to be operated, or for which the Railroad has any responsibility for maintenance, the Political Body shall furnish the Railroad permanent reproducible prints of all design and shop drawings as soon as possible after approval by the Vice President-Engineering Services of the Railroad or his authorized representative. Upon completion of construction, the Political Body shall furnish the Railroad two sets of "as constructed" prints and, in addition, upon request of the Vice President-Engineering Services of the Railroad, "as constructed" permanent reproducible prints of all or any portion of the structure. SECTION 3 - INYURY AND DAMAGE TO PROPERTY If the Political Body, au the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lcr~v/ully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Rc~lroad's Vice President-Engineering Services. SECTION 4 - PAYMENT FOR WORK BY THE RAILROAD COMPANY a) Bills for work and materials shall be paid by the Political Body promptly upon receipt thereof. The Raikoad will submit to the Political Body current bills for flagging and other protective serv/ces and devices during progress of the Project. The Railroad ~ submit final billing for flagging and other protective services within one hundred and twenty (120) days after completion of the Project, provided the Politi'cal Body advises the Rc~lroad of the commencement of the 120-day period by giving the Railroad written notification of completion of the Project. b) The Railroad may contract for the performance of any of its work by other than railroad forces. The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse the lqc~!road for the amount of the contract. SECTION 5 - MAINTENANCE a) If the Project involves a grade crossing: 1) The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area, except the portions between the track tie ends, which shall be maintc,ined by and at the expense of the Railroad. phx.exb Page 2 Exhibit B G:\lawadm\par\forms\0589n.exb PHC 880301 Standard Form Approved, AVP-Law 2) If, in the future, the Political Body elects to have'the surfacing material between the track tie ends, or between tracks ff there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other th~~. timber planking, the Railroad, at the Political Body's expense, shall install such replacement surfacing, and in the future, te the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Ratlroad's tracks through the Crossing Area, the Political Body shall bear the expense of such repairs or replacement. b) If the ~oject involves a public highway crossing under the ~qc~lroad's tracks: 1) The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintatned, repaired and renewed, the entire substructure of the highway-railroad grade separation structure. 2) The Railroad shall, at its own sole expense, maintain and repair, or cause to be maintained and repaired, the entire superstructure of the highway-rc~lroad grade separation structure. c) If the Project involves a public highway crossing over the Railroad's tracks, the Political Body shall, at its own sole expense. maintain, repair, and renew, or cause to be matntatned, repaired, and renewed, the entire highway-railroad grade separation structure. SECTION 6 - CHANGES IN GRADE If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of alt or any portion of the track or tracks located on the Crossing Area, the Political Body shall, at its own expense, conform the public highway in the Crossing Area to conform with the change of grade of the trackage. SECTION 7 - REARRANGEMENT OF WARNING DEVICES If the change or rearrangement of any wcn-ning der/ce installed hereunder is necessitated for public or Railroad conven3.ence or on account of improvements for either r~]road, highway or both, the parties will apportion the expense incidental thereto between themselves by. negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken. SECTION 8 - SAFETY MEASURES: PROTECTION OF RAILROAD COMPANY OPERATIONS It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmos,, importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Political l~dy that the work will be performed in a safe manner and in conformity with the following standards: a) Definitions. All references in this Agreement to the Political Body shall include the Political Bodfs contractors, subcontractors, officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall include work both within and outside of railroad property. b) Comnliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Adrnin/stration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged aga~st the Railroad, the Political Body shall reimburse and indemnify the Raih'oad for any such fine, penalty, cost, or charge, including without lim3tation attorney's fees, court costs and expenses. The Political Body further agrees in the event of any such action, upon notice thereof being provided._ by the Railroad, to defend such action free of cost, charge, or expense to the Roflroad. c) No Interference or Delc~ys. The Political I~ shall not do, suffer or permit anything which will or may obstruct, endanger, phx.cxb Page 3 G:\lawadm\par\forms\0589n.exb Exhibit B PHC 880301 Standard Form Approved, AVP-Law interfere with, hinder or delay maintenance or Operation of the Br~lroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the opera~ions of others lawfully occupying or using the Railroad's property or facilities. d) Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibihty of the Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the Pohtical Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. e) Suspension of Work. If at any time the Political Body's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. f) Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area. g) Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineer/ng Services, which shall not- be given if, in the sole discretion of the Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the '¥icin/ty of the Railroad's property" shall be deemed to be any place on the Railroad's property br in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Rc, ilroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transporta[ton, handling, storage, security and use of explosives as the Rc~ilroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. In addition to any conditions, restrictions or limitations as may be specifically imposed: 1) Unless the Railroad's Vice President-Engineering Services agrees otherwise, the Political Body shall provide no less thcm 48 hours' notice, excluding weekends and holidays, before discharging any explosives. 2) Any explosives loaded in holes or placed or otherwise readied for discharge on a day shall be discharged on the same day during, daylight hours, and at mutually acceptable times. 3) The Political Body, at its own expense, shall take all precautionary measures and construct all temporary shelters necessary to guard agc~st danger of damage, destruction or interference arising out of or connected with any blasting or any transportation, handling, storage, security or use of explosives. 4) The Political Body shall require explosives t° be transported, handled, stored or otherwise secured and used in a mariner satisfactory to the Rc~lroad and in accordance with local, state and Federal laws, rules and regulations, including, without limitation, Un/ted States Department of Labor, Bureau of Labor Standards, Safety and Health Regulations for Construction, 29 CFR Part 1518, Subpart U -- "Blasting and the Use of Explosives"; and Occupational Safety and Health Administration Occupational Safety and Health Standards, 29 CFR Part 1910, Subpart H -- "Hazardous Materials". h) Obstructions to View. Except as otherwise specifically provided herein, the Politioal Body shall not cause or permit the view along the tracks of the Railroad to be obstructed, nor place any combustible material on the premises, nor erect any structures thereon. If public law or regulation requires control or removal of weeds or vegetation on each side of the Crossing phx.exb Page 4 Exhibit B G:\lawadm\par\forms\0589n.exb /I. PHC 880301 Standard Form Approved, AVP-Law Area, the Political Body will perform such control or removal work without expense to the Railroad or, if the Politic~ Body not lcn~dully perform the control or removal work, reimburse the Railroad for the cost of performing such control or removal. If the crossing is not equipped with automatic train activated warning devices with gate arms: 1) The Political Body shall control or remove weeds and vegetation within and on each side of the Crossing Area so thcrt the view of approaching motorists to approaching trains is not obstructed by weeds or vegetation; and 2) Insofar as it may lawfully may do so, the Political Body will not permit non-parties to construct sight obstructing buildings or other permanent structures on property adjacent to the right-of-way. i) Excavation. The Political Body shall not excavate from exfsting slopes nor construct new slopes which are excessive and may create hazards of slides or frilling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintcmu adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Vice Resident-Engineering Services to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. j) Dramaqe. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facil/ties for draining the highway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and includ/ng water from the Railroads culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or properb.: of others. The Political Body shall not obstruct or interfere with existing ditches or drainage facilities. k) Notice. Before commencing any work, the Political Body shall provide 48 hours prior notice (excluding weekends and holidays) to the Railroad's Manager-Track Maintenance. 1) Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importauce since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body shall telephone the Railroad at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Political Body. If it is, Political Body will telephone the telecommunications compauy(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 9 - INTERIM WARNING DEVICES If at anytime it is deter, mined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated wcu'~iug devices should be installed crt the Crossing Area, the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring pubhc until the new or improved devices have been installed. phx.cxb Page 5 Exhibit B G:\lawadm\par\forms\0589n.¢xb PHC 880301 Standard Form Approved, AVP-Law SECTION 10 - OTHER RAILROADS All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Ratlroad and any other roilroad company lawfully using the B~lroad's property or fac/lities. SECTION 11 - REMEDIES FOR BREACH OR NONUSE a) If the Political Body shall foil, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, mm; perform any work which in the judgment of the Railroad is necessary to place the highway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof. b) Nonuse by the Political Body of the Crossing Area for public roadway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Political Body hereunder. c) The Political Body will surrender peaceable possession of the Crossing Area upon termination of this Agreement. Termination of this Agreement shall not affect any fights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination. SECTION 12 - MODIFICATION - ENTIRE AGREEMENT No waiver, modification or amendment of this agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Roilread and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof. SECTION 13 - ASSIGNMENT: SUCCESSORS AND ASSIGNS This Agreement shall not be assigned without the written consent of the Railroad. Subject hereto, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. phx.exb Page 6 G:\lawadm\par\forms\0589n.exb Exhibit B PHC/PHE INS 920624 Standard Form Approved, AVP-Law EXHIBIT B- 1 Public Rood Insurance Requirements The Political Body and/or its Contractor/Subcontractor shall, at its own and/or its Contractor's/Subcontractor's sole cost and expense, procure the following kinds of insurance and promptly pc~/' when due all premiums for that insurance. The Railroad Protective Insurance described in Paragraph D below only needs to be obtained and kept in force during the duration of construction or major reconstruction of the highway located on the Premises. The other insurance coverage descr/bed in Paragraphs A, B and C below shall be kept in force by the Political Body during the life of this Agreement. General Public Liability insurance providing bodily injury, including death, personal injury and property damage coverage with a combined single limit of at least $2,000,000 each occurrence or claim and a general aggregate limit of at least $4,000,000. This insurance shall provide Brood Form Contractual Liability covering the indemnity provisions contained in this Agreement, Underground Hazard, Broad Form Property Damage, a waiver, of governmental immunity (ISO Form GL 24 14 or equivalent), severability of interests and name Railroad as an additional insured with respect to all liabilities arising out of Political Body's obhgation to Railroad in the Agreement. If coverage is purchased on a "claims made" basis it shall provide for at least a three (3) year extended reporting or discovery period, which shall be invoked should insurance covering the time period of this Agreement be cancelled. Automobile Public Liability insurance providing bodily injury and property damage with a combined single limit of at least $2,000,000 each occurrence or claim. This insurance shall provide contractual liability by endorsement ISO Ferm CA 00 25 or equivalent covering all motor vehicles including hired and non-owned, mobile equipment to the extent it may be excluded from general liability insurance, severability of interests and name Roilrood as an additional insured with respect to all liabilities arising out of Political Body's obligation to Railroad in the Agreement. Worker's Compens~ion insurance covering the statutory liability as determined by the compensation laws of the state(s) affected by this Agreement and Employers' Liability with a limit of at least $1,000,000. Also compliance with all laws of states which require participation in their state workers' compensation fund. Railroad Protective Liability insurance naming Railroad as/nsured with a combined single limit of $2,000,000 per occurrence w/th a $6,000,000 aggregate. The policy form shall be AAR-AASHTO w/th broad form coverage for "Physical Damage to Property" (ISO Form GL 00 30) or as revised ISO-RIMA (Form CG 00 35) and include pollution arising out of fuels and lubricants brought to the iob site (ISO Form CG 2831 or equivalent). If the Lloyd's London pohcy form is used, limits shall be $3,000,000 per occurrence with a $9,000,000 aggregate and the Extended Claims Made Date shall be determined by adding the length of the original policy period plus one year to the policy expiration date. The Political Body and/or its Contractor(s)/Subcontractar(s) hereby waive their right of subrogation, as respects the above insurance policy(ies), against Ratlrood for payments made to or on behalf of employees of Political Body or its agents or its Contractor(s)/Subcontractor(s) and for loss of their owned or leased property or property under their care, custody and control while on or near Railroad's right-of-way or other real property. Political Body's and/or its Contractor's/Subcontractor's insurance shall be primary with respect to any/nsurance carried by Railroad. Political Body and/or its Contractor(s)/Subcontractor(s) shall furnish to Railroad certificate(s) of insurance evidencing the required coverage and endorsement(s) and upon request a certified duplicate original of any of those policies. The insurance company(ies) issuing such policy(ies) shall notify Railroad in writing of any material alteration including any change in the retroactive date in any "claims-made" policies or substantial reduction of aggregate limits, if such limits apply, or cancellation thereof at least thirty (30) days prior thereto. The insurance policy(les) shall be written by a reputable insurance company or companies acceptable to Railroad or with a current Best's Insurance Guide Rating of B and Class VII or better. Such insurance company shall be authorized to transact business in the state(s) affected by this Agreement. phxexb 1.exb Page 7 Exhibit B- 1 CONTRACTOR'S ROE 980204 Form Approved, AVP-Law 'CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Folder No.: 1809-23 THIS AGREEMENT is made and entered into as of the .day of ~ 199 by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter referred to as the "Railroad"); and, a(hereinaffer referred to as the "Contractor"). RECITALS: Contractor has been hired by City of Denton (hereinafter "Denton, TX") to perform work relating to (the "Work"), partially located on property of Railroad in the vicinity of Nottingham Road[, which Work is the subject of a Contract dated between Railroad and City of Denton. Contractor has requested Railroad to permit it to perform the work on Railroad property, and Railroad is agreeable thereto, subject to the following terms and conditions. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION OF CONTRACTOR For purposes of this agreement, all references in this agreement to the Contractor shall include the Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. ARTICLE 2 - RIGHT GRANTED: PURPOSE The Railroad hereby grants to the Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the ptupose of performing any work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Raikoad Representative named in Article 4. ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS A AND A-I The terms and conditions contained in Exhibits A and A-l, attached hereto, are hereby made a part of this agreement. ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR: RAILROAD REPRESENTATIVE The Contractor shall bear any and all costs and expenses associated with any work performed by the Contractor, or any costs or expenses incurred by the Raikoad relating to this agreement. All work performed by Contractor on Railroad's property shall be performed in a manner satisfactory to the Raikoad's Manager Track Maintenance] or his authorized representative (hereinafter the "Raikoad Representative") identified below: Richard Maxwell 606A Bell Place Denton, TX 76201 (817) 387-6213 H:~DATA\WPWIN~ 1809-23 .ROE CONTRACTOR'S ROE 980204 Form Approved, AVP-Law Folder No.: 1809-23 ARTICLE 5 - TERM: TERMINATION a). The grant of right herein made to Contractor shall commence on the date of this agreement, and continue until , unless sooner terminated as herein provided, or at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on 'Railroad property. b). This agreement may be terminated by either party on ten (10) days written notice to the other party. ARTICLE 6 - CERTIFICATE OF INSURANCE a). Before commencing any work, Contractor will provide Railroad with a Certificate issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit A-1 of this agreement in a policy which contains the following type of endorsement: Union Pacific Railroad Company is named as additional insuredwith respect to all liabilities arising out of Insured's, as Contractor, performance of any work on the property of the Railroad. b). Contractor warrants that this agreement has been thoroughly reviewed by its insurance agent(s)/broker(s) and that said agent(s)/broker(s) has been instructed to procure insurance coverage and an endorsement as required herein. c). All insurance correspondence shall be directed to: Folder No. 1809-23 Union Pacific Raikoad Company Director - Contracts Atto: Cheryl A. Kinkel 1800 Famam Street Omaha, Nebraska 68102 ARTICLE 7 - CHOICE OF FORUM This agreement shall be governed, construed and enforced in accordance with the laws of the state of I'exas. Litigation arising out of or connected with this agreement may be instituted and maintained in the courts of the states of Nebraska and Texas only, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation, in those courts, and consent to service of process issued by such courts. ARTICLE 8 - DISMISSAL OF CONTRACTOR/SUBCONTRACTOR EMPLOYEE At the request of Raiiroad, Contractor shall remove from Railroad property any employee of Contractor or any subcontractor who fails to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad property. ARTICLE 9 - ADMINISTRATIVE FEE Contractor shall pay to Railroad Five Hundred Dollars ($500.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this agreement. H:~DATA\WPWIN~ 1809-23.ROE 3 16. CONTRACTOR'S ROE 980204 Form Approved, AVP-Law ARTICLE 10 - SPECIAL PROVISIONS Folder No.: 180%23 a). No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed Or used by Contractor without the prior written permission of Railroad. b). Explosives or other highly flammable substances shall not be stored on Railroad property without the prior written approval of the Railroad Representative. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate as of the date first herein written. (Name of Contractor) By: Title: UNION PACIFIC RAILROAD COMPANY By:. CONTRACTS REPRESENTATIVE H ADATA\WPWI~ 1809-23.ROE CONTRACTOR'S ROE 980204 Form Approved, AVP-Law Folder No.: 180%23 EXHIBIT A TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING, a. The Contractor agrees to notify the Railroad Representative at least 10 working days in advance of Contractor commencing its work and at least 5 working days in advance of proposed performance of any work by the Contractor in which any person or equipment will be within 25 feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within 25 feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within 25 feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such 5-day notice, the Railroad Representative will determine and inform the Contractor whether a flagman need be present and whether the Contractor need implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by the Railroad, such services will be provided at Contractor's expense with the understanding that if the Railroad provides any flagging or other services, the Contractor shall not be relieved of any of its responsibilities or liabilities set forth herein. Contractor shall promptly pay to Railroad all charges connected with such services within 30 days after presentation of a bill therefor. b. The rate of pay per hour for each man will be the prevailing hourly rate in effect for an eight hour day for the class of men used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health & welfare, supplemental sickness, Railroad Retirement & UC, supplemental pension, Empl. Liability & Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect on the day of execution of this agreement. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays; two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between the railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized Governmental Agency. Additional charges on labor are also subject to change. If the wage rate .or additional charges are changed, the Contractor shall pay on the basis of the new rates and charges. c. Reimbursement to the Railroad will be required covering the full eight hour day during which any flagman is furnished, unless he can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by said flagman following his assignment to work on the project for which the Railroad is required to pay the flagman and which could not reasonably be avoided by the Railroad Company by assignment of such flagman to other work, even though the Contractor may not be working during such time. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED a. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of the Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Railroad without liability to the Licensee or to any other party for compensation or damages. b. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Railroad's property, and others) and the right of the Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH RAIl.ROAD'S OPERATION. No work performed by Contractor ~hall cause any interference with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Railroad its lessees, licensees or others, unless specifically permitted under this agreement, or specifically authorized in advance by the Railroad Representative. Nothing shall be done.or suffered to be done by the Con,actor at any time that H:~DATA\WPWII~1809-23 .ROE CONTRACTOR'S ROE 980204 Form Approved, AVP-Law Folder No.: 1809-23 would in any manner impair the safety thereof. When not in use, Contractor's machinery and materials shall be kept at least'50 feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroad's tracks except at existing open public crossings. Section 4. MECHANIC'S LIENS. The Contractor shall pay in full all persOns who perform labor or provide materials for the work to be performed by Contractor. The Contractor shall not create, permit or suffer any mechanic's or materiaimen's liens of any kind or nature to be created or enforced against any property of the Railroad for any such work performed. The Contractor shall indemnify and hold harmless the Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. a. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone the Railroad at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Contractor. If it is, Contractor will telephone the telecommunications company(les) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, and will commence no work on the right of way until all such protection or relocation has been accomplished. b. In addition to other indemnity provisions in this Agreement, the Contractor shall indemnify and hold the Railroad harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of any act or omission of the Contractor, its contractor, agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on Railroad's property, and/or (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequ, ential damage to a telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property. Section 6. COMPLIANCE WITH LAWS. In the prosecution of the work covered by this agreement, the Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Contractor shall use only such methods as are consistent with safety, both as concerns the Contractor, the Contractor's agents and employees, the officers, agents, employees and property of the Raikoad and the public in general. The Contractor (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's property. If any failure by the Contractor to comply with any such laws, regulations, and enactinents, shall result in any fmc, penalty, cost or charge being assessed, imposed or charged against the Raikoad, the Contractor shall reimburse and indemnify the Raikoad for any such fmc, penalty, cost, or charge, including without limitation attorneys' fees, court costs and expenses. The Contractor further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Raikoad. Section 7. SAFETY INSTRUCTIONS. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the Work pursuant to this agreement. As reinforcement and in furtherance of overall safety measures to be observed by the Contractor (and not by way of limitation), the following special safety rules shall be followed: a. The Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety'and health aspects of the job. The Contractor shall have proper first aid supplies available on the job site so that prompt first aid services can be provided to any person that may be injured on the job site. The Contractor shall promptly notify the Railroad of any U.S. Occupational Safety agd Health Administration reportable injuries occurring to Iq. CONTRACTOR'S ROE 980204 Form Approved, AVP-Law Folder No.: 1809-23 any person that may arise during the work performed on the job site. The Contractor shall have a non-delegable d~ty to control its employees while they are on the job site or any other property of the Railroad to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug, narcotic or other substance that may inhibit the safe performance of work by the employee. b. The employees of the Contractor shall be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing or flee use of their hands or feet. Only waist length shirts with sleeves and trousers that cover the entire leg are to be worn, If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. The employees should wear sturdy and protective work boots and at least the following protective equipment: (1) Protective head gear that meets American National Standard-Z89.1-1atest revision. It is suggested that all hardhats be affixed with Contractor's or subcontractor's company logo or name. (2) Eye protection that meets American National Standard for occupational and educational eye and face protection, Z87.1-1atest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, burning, etc.; and (3) Hearing protection which affords enough attenuation to give protection from noise levels that will be occurring on the job site. c. All heavy equipment provided or leased by the Contractor shall be equipped with audible back-up warning devices. If in the opinion of the Raikoad Representative any of Contractor's or any of its subcontractor's equipment is unsafe for use on the Raikoad's right-of-way, the Contractor, at the request of the Railroad Representative, shall remove such equipment from the Railroad's right-of-way. Section 8. INDEMNITY.. a. As usedjn this Section, "Railroad" includes other railroad companies using the Raikoad's property at or near the location of the Contractors installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including the Railroad's officers, agents, and employees, the Contractors officers, agents, and employees, as well as any other person); and/or (b) damage to or loss or destruction of property whatsoever (including Contractor's property, damage to the roadbed, tracks, equipment, or other properly of the Railroad, or property in its care or custody). b. As a major inducement and in consideration of the license and permission herein granted, the Contractor agrees to indemnify and hold harmless the Railroad from any Loss which is due to or arises from any cause and is associated in whole or in part with the work performed under this agreement, a breach of the agreement or the failure to observe the health and safety provisions herein, or any activity, omission or negligence arising out of performance or nonperformance of this agreement regardless of whether contributed to in part by the negligence'or fault of Railroad. However, the Contractor shall not indemnify the Railroad when the Loss is caused by the sole negligence of the Railroad. c. Any liability of either party hereunder to one of its employees under any Workers' Compensation Act or the Federal Employers' Liability Act shall not be questioned or in any way challenged by the other party, nor shall any jury or court findings resulting fi-om any employee's suit against either party pursuant to any such Act(s) be relied upon or used by either party in any attempt to assert common law liability against the other. Section 9. RESTORATION OF PROPERTY. In the event the Railroad authorizes the Contractor to take down any fence of the Railroad or in any manner move or disturb any of the other property of the Railroad in connection with the work to be performed by Contractor, then in that event the Contractor shall, as soon as possible and at Contractors sole ex~pense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. The Contractor shall remove all of Contractor's tools, CONTRACTOR'S ROE 980204 Folder No.: 1809-23 Form Approved, AVP-Law equipment and materials fi.om Railroad's property promptly upon completion oft_he work, restoring Railroad's property to ~e same state and condition as when Contractor entered thereon. Section 10. WAIVER OF BR. EACH.. Waiver by the Railroad of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Contractor shall in no way impair the right of the Railroad to avail itself of any remedy for any subsequent breach thereof. SectiOn 11. ASSIGNMENT - SUBCONTRACTING. The Contractor shall not assign, sublet or subcontract this agreement, or any interest therein, without the written consent of the Raikoad and any attempt to so assign, sublet or subcontract without the written consent of the Raikoad shall be void. If the Railroad gives the Contractor permission to subcontract all or any portion of the work herein described, the Contractor is and shall remain responsible for all work of subcontractors and all work of subcontractors shall be governed by the terms of this agreement. H:XDATA\WPWIN~I 8~9-23.ROE 4 CONTRACTOR'S ROE 980204 Form Approved, AVP-Law Folder No.: 1809-23 Exhibit A-1 UNION PACIFIC RAILROAD CONTRACT INSURANCE REQUIREMENTS Third Party Contractors Right Of Entry Agreement Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: . (a) General Liability insurance providing bodily injury including death, personal injury and property damage coverage with a combined single limit of at least $2,000,000 each occurrence or claim and an aggregate limit of at least $4,000,000. This insurance shall contain broad form contractual liability with a separate general aggregate for the project (ISO Form CG 25 03 or equivalent). Exclusions for explosion, collapse and underground hazard shall be removed. Coverage purchased on a claims made form shall provide for at least a two (2) year extended reporting or discovery period if(a) the coverage changes from a claims made form to an occurrence form, (b) there is a lapse/cancellation of coverage, or (c) the succeeding claims made policy retroactive date is different for the expiring policy. (b) Automobile Liability insurance providing bodily injury and property damage coverage with a combined single limit of at least $2,000,000 each occurrence or claim. This insurance shall cover all motor vehicles including hired and non-owned, and mobile equipment if excluded from coverage under the general public liability insurance. (c) Workers' Comnensation insurance covering Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement, and Employers' Liability. If such insurance will not cover the liability of Contractor in states that require participation in state workers' compensation fund, Contractor shall comply with the taws of such states. If Contractor is self-insured, evidence of state approval must be provided. (d) Railroad Protective Liabilitv insurance naming the Railroad as the insured with a combined single limit of $2,000,000 per occurrence with a $6,000,000 aggregate. The policy shall be broad form coverage for "Physical Damage to Property" (ISO Form CG 00 35 or e. quivatent) and include pollution arising out of fuels and lubricants brought to the job site (ISO Form CG 28 31 or equivalent). A binder of insurance for Railroad Protective Liabili _ty must be submitted to the Railroad and the ori~,inal oolicv or a certified duolicate original oolicv must be forwarded to the Railroad when available. Contractor and its insurers shall endorse the required insurance policy(les) to waive their right ofsubroeation against Railroad. Contractor and its insurers also waive their rieht of subrngation against Railroad for loss of its owned or leased property or property under its care, custody and control. Contractor's insurance shall be primary with respect to any insurance carried by Railroad. The policy(les) required under (a) and (b) above shall provide severability of interasts and shall name Railroad as an additional insured. Prior to commencing the Work, Contractor shall furnish to Railroad. certificate(s) of insurance evidencing the required coverage and endorsementg and upon request, a certified duplicate original of any required policy. The certificate(s) shall contain a provision that obligates the insurance company(les) issuing such policy(les) to notify Railroad in writing of any material alteration including any change in the retroactive date in any "claims-made" policies or substantial reduction of aggregate limits, if such limits apply, or any cancellation at least thirty (30) days prior thereto. The insurance policy(les) shall be written by a reputable insurance company(les) acceptable to Railroad or with a current Best's Insurance Guide Rating orB and Class VII or better, and authorized to do business in the state(s) in which the Job Site is located. Contractor WARRANTS that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement. If Contractor fails to procure and thaintain insurance as required, Railroad may elect to do so at the cost of Contractor. H 5DATA\WPWII~ 1809o23.ROE CONTRACTOR'S ROE 980204 Folder No.: 1809-23 Form Approved, AVP-Law The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad shall not be limited by the amount of the required insurance coverage. H:~DATA\WPWIN~ 1809-23 .ROE UNIVERSITY DRIVE Z MOHICAN 1 = BRANDYWINE ~ DAKSHIRE CT MACK PLACE LATTIMORE AUDRA ITE TERRY CT BEVERLY DRIVE ANYSA LN ~ HFI~/ARD CT DAK PARK DRIVE TIM~£~ T~AIL CHRISTDPHER DR ?_4. NEW DRAINAGE AU~fEA LA TTIME]RE L A T TIMEt~E KTREE NACK PL, LEE ~3f~, z~ AGENDA INFORMATION SHEET Agenda Item Date_ AGENDA DATE: DEPARTMENT: CM/DCM/ACM: January 18, ZoOO Engineering & Transportation Dave Hill, Assistant City Manager SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CLOSING A PORTION OF THE STREET RIGHT-OF-WAY FOR TEXAS STREET IN THE VICINITY OF UNION PACIFIC RAILROAD'S MILE POST 718.40 - CHOCTAW SUBDIVISION AND THE ACME BRICK PRIVATE STREET IN THE VICINITY OF UNION PACIFIC RAILROAD'S MILE POST 720.69 - CHOCTAW SUBDIVISION; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; AND DECLARING AN EFFECTIVE DATE. BACKGROUND: In order to obtain a crossing for the Nottingham extension, in the Choctaw Subdivision, the City must close 2 existing crossings. These crossings are Texas Street, and a private crossing for Acme Brick. RECOMMENDATION: Staff endorses the approval of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item puts into Ordinance form the concept that was approved by City Council on July 13, 1999, as item 22. FISCAL INFORMATION None MAP Attached Chrystophe~)xx~s, Right-of-Way Agent Respectfully submitted: ector L~tgi~eering & Transportation ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CLOSING A PORTION OF THE STREET RIGHT-OF-WAY FOR TEXAS STREET IN THE VICINITY OF UNION PACIFIC RAILROAD'S MILE POST 718.40 - CHOCTAW SUBDIVISION AND THE ACME BRICK PRIVATE STREET IN THE VICINITY OF UNION PACIFIC RAILROAD'S MILE POST 720.69 - CHOCTAW SUBDIVISION; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City has requested Union Pacific Raikoad Company CuP) to grant the City a 70 feet street easement across UP right-of-way at Mile Post (MP) 717.17 - Choctaw Subdivision for the proposed new Nottingham Street crossing; and WHEREAS, UP has agreed to grant such easement if the City would close a portion of the Texas Street Right-of-Way in the vicinity ofup's MP 718.40 - Choctaw Subdivision and the Acme Brick Private Street Right-of-Way in the vicinity of UP's MP 720.69 - Choctaw Subdivision and pay the cost of constructing the needed improvements for the Nottingham crossing; and WHEREAS, the City Council finds that there is a safety benefit to the general public in reducing the number ofraikoad crossings with the City of Denton; and WHEREAS, the City Council further finds and has determined after careful study and consideration that· it is in the public interest for the elimination of the railroad crossing resulting from this street closing; NOW, THEREFORE, THE COUNCIL OF THE CITY DENTON HEREBY ORDAINS: SECTION 1. That the portion of the street right-of-way for Texas Street in the vicinity of Union Pacific Railroad Company's (UP's) Mile Post (MP) 718.40, as described in Exhibit "A" attached hereto and incorporated herein by reference, and the portion of the Acme Drive Private Street in the vicinity of UP's MP 720.69, as described in Exhibit "B" attached hereto and incorporated herein by reference, both rights-of-way located in the Choctaw Subdivision, are hereby closed as public streets. SECTION 2. That the City's interests to the land in said street right-of-way easements above described are hereby released and the City Manager may execute quitclaim deeds to evidence this release if same is requested by the owners of the land to whom these interests shall · revert as provided by law. SECTION 3. That tl:fis ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Denton and such other ordinances shall remain in full force and effect, save an except as amended by this ordinance. SECTION 4. That if any section, subsection, paragraph, phrase or provisions of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part of provisions hereof, other than the part so decided to be invalid or unconstitutional. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 of 2 CHDCTA~ ~OVE w TEXAS RAILROAD CRDSSING CLDSED TEXAS TEXAS TEXAS MAY PAISLEY ~/AYNE I- BLACK MAY STRE LATTIMDRE RED PDST OAKTREE C. k,/HITEOAK MEADD~ OAK w LEHRMAN ULAND City of Denton Engineering & Transportation Depart~7~ent Right-of-Way Division A~20, 1999 AGENDA INFORMATION SHEET Agenda No.:_ Z~ff-t?04 ,. _ Agenda Item /~) ~? AGENDA DATE: DEPARTMENT: ACM: January 18, 2000 Electric Utility Howard Martin, 349-8232'~'''' SUBJECT: AM ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P.C. PERTAINING TO REPRESENTATION OF THE CITY BEFORE THE PUBLIC UTILITIES COMISSION OF TEXAS ("PUC") IN THE AREAS OF PUBLIC UTILITY REGULATORY LAW AND ADMINISTRATIVE LAW, RESPECTING ANY PERTINENT RULEMAKING PROCEEDING OR PROJECT, INCLUDING REPRESENTATION PERTAINING TO THE IMPLEMENTATION OF SENATE BILL 7, AND LEGAL ADVICE CONCERNING COMPLIANCE WITH PUC RULES RESPECTING THE ACTIVITIES OF DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: For the past 4 years, it has been the practice of Denton Municipal Electric to maintain a contract with the law firm of Lloyd, Gosselink, Bevins, Rochelle, Baldwin, & Townsend, P.C. for legal support and advice in various regulatory proceedings affecting DME. With the enactment of SB 7, the level of activity in this area has increased. The Public Utility Commission of Texas (PUCT) began its SB 7 implementation responsibilities with numerous workshops related to a significant number of Projects and Dockets (see attached list). Rick Covington's firm covered many of these workshops for Garland, Denton, and Greenville. However, in some areas, which were less technical and more legal in nature, the Gosselink firm was asked to monitor the activities and provide input on behalf of Garland and Denton. The PUCT is now moving from the less formal workshop format to more formal proceedings that require the use of a law firm to file comments that protect Denton's interest. In addition to the SB 7 related regulatory work, Denton has continued to be required to make various filings related to its transmission system. These filings were complicated by the court action that overturned the PUCT's transmission tariff design, in turn necessitating a series of comments related to the new tariff design implemented by the PUCT. A list of the PUCT dockets and projects in which the Gosselink firm was active for Denton is attached. In addition to the continuation of already active PUCT projects and dockets, in 2000, the PUCT project to promulgate the code of conduct for cooperatives and municipally owned utilities providing transmission and distribution service will be completed. The unbundling cases that will determine transmission and distribution rates and the competitive transition charges (stranded cost recovery) for investor owned utilities will be filed in April of 2000. It will be important to follow these cases and file comments to assure that they are developed fairy and make it possible for us to compete. Also the "price to beat" rates will be set in separate proceedings during 2000. A combination of technical support from Rick Covington and legal support and filing of formal comments by the Gosselink firm will be required to protect Denton's interests. Wherever possible, the costs associated with these efforts will be shared with Garland. If Denton does not sell its Spencer Plant, it will be necessary to continue to actively participate in the TNRCC DFW SIP process to minimize the financial impact of its implementation on Denton citizens. The Gosselink firm has been providing support in this area which is presently being paid for by Garland. Denton will have to begin paying for its share of these expenses if we remain as owners of Spencer. The Gosselink firm has been cost effective and efficient in their representation of Denton and the ability to share costs with Garland has minimized the financial impact of their representation. OPTIONS: 1. Continue to utilize the services of the Gosselink finn. 2. Seek a new firm to represent Denton 3. Attempt to do all regulatory work with City attorneys. RECOMMENDATIONS: Continue to retain the Gosselink firm. The learning curve of any new firm would be expensive and time consuming. The City's attorneys are not knowledgeable regarding the regulatory processes at the PUCT and the TNRCC and the work load can be very high at times with rigid time requirements for filings. The City Attorney's office has neither the expertise nor the manpower to handle these requirements and they are not located in Austin, which would require the added expense of travel. PRIOR ACTION/REVIEW (Council, Boards, Commission): The Public Utilities Board considered this contract at its meeting of January 4, 2000 and voted approval by a vote of 7 to 0. Mr. Mulroy requested that the City Attorney's office review the notification provisions of the contract to assure that they were correct and consistent with other contracts. Mr. Copeland of the City Attorney's office has reviewed the notification provisions of the contract and determined that they are correct. FISCAL INFORMATION: The contract is for an amount not to exceed $75,000. Respectfully submitted: Director of Electric Utilities ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P.C. PERTAINING TO REPRESENTATION OF THE CITY BEFORE THE PUBLIC UTILITIES COMMISSION OF TEXAS ("PUC") IN THE AREAS OF PUBLIC UTILITY REGULATORY LAW AND ADMINISTRATWE LAW, RESPECTING ANY PERTINENT RULEMAKING PROCEEDING OR PROJECT, INCLUDING REPRESENTATION PERTAINING TO THE IMPLEMENTATION OF SENATE BILL 7, AND LEGAL ADVICE CONCERNING COMPLIANCE WITH PUC RULES RESPECTING THE ACTIVITIES OF DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTWE EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it necessary and in the public interest to engage the law fimi of Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C., of Austin, Texas, (the "Finn") to provide professional legal services to the City, pertaining to representation of the City and Denton Municipal Electric ("DME") before the Public Utilities Commission of Texas ("PUC") in the specialized areas of public utility regulatory law and administrative law, respecting any pertinent rulemaking proceeding or project, representation pertaining to the implementation of Senate Bill 7, and legal advice concerning compliance with PUC rules respecting the activities of DME; and WHEREAS, the City has heretofore twice engaged the Firm to perform similar professional legal services to those provided for in the Agreement for Professional Legal Services attached hereto. The Fii-n-~ has continuously and faithfully perfocmed legal services under the previous Agreements since 1997; and in October 1999, the funds provided for in the second such Agreement between the City and the Finn were exhausted, because of the high level of activity warranted by numerous PUC projects pertaining to the implementation of the recently enacted electric deregulation legislation, Senate Bill 7. Nonetheless, the City requested that the Fhm provide continuous representation to the City and DME on important PUC issues until such time as terms for a new Agreement for Professional Legal Services could be reached, which new agreement will provide for additional compensation for the Firm, and until such time such Agreement could be duly approved by the City Council. Accordingly, it is appropriate that the attached Agreement for Professional Legal Services with the Firm should be ratified and confirmed, and should be retroactively approved and made effective as of October 1, 1999 in order to properly compensate the Fimi for its work performed heretofore at the specific instance and request of the City, which work has directly benefited the City; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the foregoing professional services, as set forth in the attached Agreement for Professional Legal Services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the City Manager is hereby authorized to execute an Agreement for Professional Legal Services with the law fu-t~i of Lloyd, Gosselink, Blevins, Rochelle, Baldwin, & Townsend, a Texas Professional Corporation, Austin, Texas for professional legal services pertaining to the hereinabove-described matters involving the City of Denton and DME, in substantially the form of the Agreement for Professional Legal Services attached hereto and incorporated herewith by reference. SECTION 2: That the award of this Agreement is on the basis of the demonstrated competence and qualifications of the Firm, and the ability of the Firm to perform the professional legal services needed by the City for a fair and reasonable price. SECTION 3: That the expenditure of funds as provided for in the attached Agreement for Professional Legal Services is hereby authorized. SECTION 4: That the Agreement for Professional Legal Services is hereby ratified, confimted, and retroactively approved, and shall be effective from and after October 1, 1999. SECTION 5: That except as otherwise provided in Section 4 hereof, this Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: /'~_¢~. ~ ~ S:\Our Documcnts\Ordin~ncesx99\Lloyd Gosselink PUCT 00 DME PSA. do¢ AGREEMENT FOR PROFESSIONAL LEGAL SERVICES STATE OF TEXAS COUNTY OF DENTON § THIS AGREElVlg2NT, made and entered into this day of ,2000, by and between LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P.C., a Texas Professional Corporation (hereinafter referred to as "CONSULTANT"), with Lambeth Townsend, Shareholder, having full authority to execute this Agreement on behalf of the firm, 111 Congress Avenue, Suite 1800, Austin, Texas 78701; and the CITY OF DENTON, a Texas Municipal Corporation, 215 East McKinney, Denton, Texas 75201 (hereinafter referred to as "CITY"), with Michael W. Jez, City Manager, having full authority to execute this Agreement on behalf of the City. WITNESSETH WHEREAS, the City deems it necessary and in the public interest to engage legal counsel to provide professional legal services with respect to the City's compliance with the Public Utility Commission ("PUC") electric transmission service rules as well as any mlemaking proceeding or any project relating to electric transmission service as well as respecting the implementation of Senate Bill 7, or otherwise affecting the City: and WHEREAS, the Consultant is willing to perform such services in a professional manner as an independent contractor, and, WHEREAS, the City desires to engage the Consultant to render the professional services in connection therewith, and the Consultant is willing to provide such services: NOW, THEREFORE, in consideration of the promises and mutual obligations herein, the City and Consultant do hereby mutually AGRF, I~, as follows, to wit: L Scope of Services: The Consultant shall perform the following scrdces in a professional manner working as an independent contractor not under the direct supervision and control of the City: A. Services to be provided: Consultant shall represent the City before the PUC concerning the City's compliance with the PUC's Transmission Service Rules and concerning any mlemaking proceeding or project relating to transmission service, implementing Senate Bill 7, or otherwise affecting the City, including, without limitation, the professional legal services with regard to submitting pleadings and conmients and attending all uncontested heatings and other proceedings in relation to these matters, and to consult with the City through its Denton Municipal Electric ("DME") staff with regard to all filings, uncontested hearings, and other issues related to this project. Provided, however, if the City elects to participate in a contested case proceeding at the PUC relating to transmission service or any other matter, the P~el parties agree that it will be necessary to enter into a separate professional services agreement, to provide for such additional legal services. To consult with the City Manager, Assistant City Manager for Utilities, the Director of Electric Utilities, the City Attorney, the Assistant City Attorney for Utilities, and other designated administrative personnel or staff regarding any and all aspects of the professional services to be lxxfonned, including legal research, analysis, and advice with respect to such matters. This will include coordinating activities with the Director of Electric Utilities, the City Attorney and their respective staff to efficiently perfoma the services required and to preserve the Attorney/Client privilege, work product, and all other applicable exceptions to the discovery or disclosure of docments produced by the City and the Consultant under the Scope of Services hereinabove. The Consultant shall perform all the services required by this Agreement in a timely fashion, and shall complete same in compliance with schedules established by the City through its Director of Elecific Utilities as appropriate to carry out the t~mls and conditions of this Agreement. II. Term: This Agreement shall be effective as of October 1, 1999; and shall temfinate either upon the completion of the professional sen, ices provided for herein; or on December 31. 2000; or upon the exhaustion of all professional fees provided for hereunder, whichever event shall first occur. This Agreement may be sooner temdnated in accordance with the provisions hereof. Time is of the essence of this Agreement. Consultant shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible during the term of this Agreement, and to meet the schedules established by the City, through its Director of Electric Utilities, or her designee. Compensation and Method of Payment: The Consultant shall charge the following fees for its professional services provided to the City hereunder, based upon the following hourly billing rates for the attorneys and support staff involved in this matter: Staff Lambeth Townsend, Shareholder Georgia Cramp, Shareholder Richard Hamala, Associate Paralegal Law Clerk Hourly Rate $ 2OO.0O $190.00 $180.00 $ 80.00 $ 75.00 Consultant agrees that all charges for the legal services hereunder, including expenses as set forth in Section 1II. C. below, shall not exceed $ 75,000.00. The Consultant shall endeavor to have the attorneys and employees listed in Section 1]I.A. above, reasonably attempt to reduce costs by utilizing other qualified shareholders, associates, and paralegals wherever feasible or possible. The Consultant shall bill the City through the submission of itemized invoices, statements, and other documentation, together with support data indicating the progress of the work and the services performed on the basis of monthly statements, showing hourly rates indicating who performed the work, what type of work was Page 2 done, and descriptions and/or details of all services rendered, including a dsily, and an entry- by-entry reflection of billable time spent on this engagement, along with specific description and supporting documentation, if available, respecting any reasonable and necessary out-of- pocket expenses incurred by Comultant in performing the professional services provided for under this Agreement. Professional fees shall be billed in minimum one-tenth (I/10) hour increments. Additionally, the City shall either pay directly or reimburse the Consultant, as the case may be, for reasonable and necessary actual out-of-pocket expenses, including but not limited to, long- distance telephone, telecopier, reproduction, postage, overnight courier, and transportation and travel. All copies will be charged at the rate of fi~een cents ($.15) per copy for copies made within Consultant's offices, with as much photocopying as possible being done by outside vendors at bulk rates or by the City to reduce costs if bulk copying is necessary or appropriate. The parties agree that the charges for outgoing telecopies from Consultant shall be $.25 per page and that there will be no charge by Consultant for incoming telecopies. The parties anticipate that invoices or statements for professional services will be generated on a monthly basis and that said invoices or statements will be sent to the City by Consultant on or about the 15th day of each month. The City shall make payment to the Consultant within thirty (30) days ~er receipt of an appropriate itemized invoice or statement. To the extent that any fees or expenses are disputed by the City, the City shall notify Consultant within thirty (30) days after its receipt of the invoice or statement, and shall otherwise pay all undisputed amounts set forth in the invoice or statement within thirty (30) days After its receipt of the invoice or statement. All reimbursable expenses, including, but not necessarily limited to travel, lodging, and meals, shall be paid at the actual cost, pursuant to the temps, conditions, and limitations set forth herein. All invoices or statements shall be approved by the Assistant City Manager for Utilities, or his designee, and by the City Attorney. It is understood and agreed that the Consultant shall work under the coordination and general supervision of the Director of Electric Utilities and the City Attorney. All notices, invoices, and payment shall be made in writing and may be given by personal delivery or by mail. Notices, invoices, statements, and payments sent by mail shall be addressed respectively, to: Herbert L. Prouty, City Attorney, 215 East McKinney, Denton, Texas 76201 as to the City; and to Lambeth Townsend, Lloyd/Gosselink, 111 Congress Avenue, Suite 1800, Austin, Texas 78701, as to the Consultant. When so addressed, the notice, invoice, statement and/or payment shall be deemed given upon deposit of same in the United States Mail, postage prepaid. In all other instances, notices, invoices, statements, and/or payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the responsible person or office to which notices, invoices, statements and/or payments are to be sent, provided reasonable notice is given. IV. Professional Competency: Consultant agr',~ that in the performance of these professional services, Consultant shall be responsible to the level of competency and ghall use the game degree of gkill and care presently maintained by other practicing professionals performing the same or similar types of work. For the purpose of this Agreement, the key persons who will be performing most of the work hereunder shall be Lambeth Townsend and Georgia Cramp, Shareholders. However, nothing herein shall limit Consultant from using other qualified and competent membem of the finn to P~e3 perform the services required herein if such delegation is reasonably appropriate and properly protects the City's interests. Any agreements, ordinances, notices, instruments, memoranda, reports, letters, and other legal documents prepared or obtained under the terms of this Agreement are instruments of service and the City shall retain ownership and a property interest therein. If this Agreement is temfinated at any time for any reason prior to payment to the Consultant for work under this Agreement, all such documents prepared or obtained under the temps of the Agreement shall upon temfination be delivered to and become the property of the City upon request and without restriction on their use or further comtJensafion to the Consultant. V. Establishment and Maintenance of Records: Full and accurate records shall be maintained by the Consultant at its place of business with respect to all matters covered by this Agreement. Such records shall be maintained for a period of at least three years after receipt of final payment under this Agreement. VI. Audits and Inspection: At any time during nomial business hours and upon reasonable notice to the Consultant, there shall be made available to the City all of the Consultant's records with respect to all matters covered by this Agreement. The Consultant shall pemfit the City to audit, examine, and make excepts or transcripts from such records, and to make audits of contracts, invoices, materials, and other data relating to all matters covered by this Agreement. VH. Accomplishment of Project: The Consultant shall conimence, carry on, and complete this professional engagement with all practicable dispatch; in a sound, economical and efficient matter, and, in accordance with the provisions hereof and all applicable laws. In accomplishing the projects, the Consultant shall take such steps as are appropriate to insure that the work involved is properly coordinated with any related work being carried on by the City. Vlll. Indemnity and Independent Contractor Relationship: Consultant shall perform all services as an independent contractor not under the direct supervision and control of the City. Nothing herein shall be construed as creating a relationship of employer and employee between the parties. The City and Consultant agree to cooperate in the defense of any claims, action, suit, or proceeding of any kind brought by a third party which may result from or directly or indirectly arise from any negligence and/or errors or omissions on the part of the Consultant or from any breach of the Consultant's obligations under this Agreement. In the event of any litigation or claim under this Agreement in which Consultant is joined as a party, Consultant shall provide suitable counsel to defend City and Consultant against such claim, provided the Consultant shall have the right to proceed with the competent counsel of its own choosing. The Consultant agrees to defend, indemnify and hold harmless the City and all of its officers, agents, servants, and employees against any and all such claims to the extent of coverage by Consultant's professional liability policy. The Consultant agrees to pay all expenses, including but not limited to attorney's fees, and satisfy all judgments which may be incurred or rendered against the Consultant's professional liability insurance policy. Nothing herein constitutes a waiver of any rights or remedies the City may have to pursue under either law or equity, including, without limitation, a cause of action for specific performance or for damages, a loss to the City, resulting from Consultant's negligent errors or omissions, or breach of contract, and all such rights and lll~illedies are expressly reserved. Page 4 Consultant shall maintain and shall be caused to be in force at all times during the term of this Agreement, a legally binding policy of professional liability insurance, listed by Best Rated Carriers, with a rating of"A-" or above, issued by an insurance carrier approved to do business in Texas by the State Insurance Commission. Such coverage shall cover any claim hereunder occasioned by the Consultant's negligent professional act and/or error, act, or omission, in an amount not less than $1,000,000 combined single limit coverage per occun'ence. In the event of change or cancellation of the policy by the insurer, the Consultant hereby covenants to immediately notify the City in writing thereof; and in such event, the Consultant shall, prior to the effective date of change or cancellation, serve a substitute policy furnishing the same or higher amount of coverage. The Consultant shall provide a copy of the declarations page of such policy to the City through its Director of Electric of Utilities simultaneously with the execution of this Agreement. IX. Termination of Agreement: In connection with the work outlined in this Agreement, it is agreed and fully undex~tood by the Consultant that the City may cancel or indefinitely suspend further work hereunder or temfinate this Agreement at any time upon written notice to Consultant, Consultant shall cease all work and labor being performed under this Agreement. Consultant may terminate this Agreement by giving the City fifteen (15) days written notice that Consultant is no longer in a position to continue representing the City. Consultant shall invoice the City for all work satisfactorily completed and shall be compensated in accordance with the temps of this Agreement. All reports and other documents, or data, or work related to the project shall become the property of the City upon temfinafion of this Agreement. This Agreement may be terminated in whole or in pan, in writing, by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the temdnafing party. Provided, however, that no such t~.~dnafion may be affected, unless the other party is given [1] written notice (delivered by certified mail, return receipt request) of intent to temfinate, and not less than thirty (30) calendar days to cure the failure; and, [2] an opportunity for consultation with the temfinating party prior to t~tminafion. Nothing contained herein or elsewhere in this Agreement shall require the City to pay for any work which is unsatisfacto~ or which is not submitted in compliance with the temps of this Agreement. X. Alternate Dispute Resolution: The Consultant agrees that, if necessary, it will use its best efforts to resolve any disputes regarding the Agreement through the use of mediation or other forms of alternate dispute resolution set forth in Chapter 154 of the Texas Civil Practices and Remedies Code (V.A.T.C.S.). XI. Entire Agreement: This Agreement represents the entire agreement and understanding between the patties and any negotiations, proposals, or oral agrexments are intended to be integrated herein and to be superseded by this written Agreement. Any supplement or amendment to this Agreement, in order to be effective, shall be in writing and signed by the City and the Consultant. XII. Compliance with Laws: The Consultant shall comply with all federal, state, local laws, roles, regulations, and ordinances applicable to the work covered hereunder as they may now read or Page 5 hereatter be mended, including but not limited to the Texas Disciplinary Rules of Professional Conduct. xm. Governing Law: For the purpose ofdetemiining place of agreement and law governing same, this Agreement is entered into in the City and County of Denton, State of Texas, and shall be construed in accordance with, and governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with this Agreement shall lie exclusively in a court of competent jurisdiction sitting in Denton County, Texas. XIV. Discrimination Prohibited: In performing the services required hereunder, the Consultant shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. XV. Personnel: Consultant represents that it has or will secure at its own expense all personnel required to perform the services required under this Agreement. Such personnel shall not be employees nor have any contractual relations with the City. Consultant shall inform the City of any conflict of interest or potential conflict of interest that may arise during the t~nn of this Agreement, in accordance with Consultant's responsibilities under the Texas Disciplinary Rules of Professional Conduct. All services required hereunder will be performed by the Consultant or under its direct supervision. All personnel engaged in work shall be qualified and shall be licensed, authorized, or pemdtted under state and local laws to perform such services. XVI. Assignability: The Consultant shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the City thereto. XVH. Severability: All agreements and covenants contained herein are severable, and in the event any of them, with the exception of those contained in sections headed "Scope of Services", "Independent Contractor Relationship", and "Compensation and Method of Payment" hereof, shall be held to be invalid by any court of competent jurisdiction, this Agreement shall be interpreted as though such invalid agreements or covenants were not contained herein. XVIH. Responsibilities for Claims and Liability: Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant for the accuracy and competency of its work; nor shall such approval be deemed to be an assumption of such responsibility of the City for any defect in any report or other documents prepared by the Consultant, its shareholders, associates, ~mployc~, officers, or agents in connection with this engagement. XIX. Modification of Agreement: No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid. The parties further agree that the provisions of this article will not be waived as herein set forth. Page 6 XX. Captions: The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive tenns or conditions of this Agreement. XXI. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns, where pemdtted by this Agreement. IN WITNESS HEREOF, the City of Denton, Texas has executed this Agreement in four (4) original counterparts by and through its duly-authorized City Manager, and Consultant has executed this Agreement by and through its duly-authorized undersigned Shareholder, dated this the day of ,2000. CITY OF DENTON, TEXAS A Texas Municipal Corporation ATTEST: JENNIFER WALTERS, CITY SECRETARY By: Michael W. Jez, City Manager APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: ATTEST: LLOYD, GOSSELINK, ROCHELLE, BLEVINS ROCHELLE, BALDWIN & TOWNSEND, P.C. A Texas Professional Corporation -L~rnbet~I~'~send, Sha]e~oldpr S:\OmUDoemt&t2ontraetsL09XLloyd Gosselink PSA O0 PUC DIvlE.&~ Page 7 LLOYD, (~OSSELINK, BLEVINS, F~OCHELLE, BALDWIN & TOWNSEND, P. C. ATTORNEYS AT LAW III CONGRESS AVENUE, SUITE 1800 AUSTIN, TEXAS 7S701 Sharon Mays Director of Electric Utilities City of Denton 901~A Texas Street Denton, Texas 76201 Mr. Townsend's Direct Line: (512) 322-5830 Email: ltownsend ~lglawfirm.com December 13, 1999 807 SOUTH AUSTIN AVENUE# GEORSETOWN~ TEXAS 78626 Re: Additional tasks related to transmission service Dear Sharon: As you are aware, activity at the PUC and ERCOT has increased dramatically with the enactment of Senate Bill 7. Although municipally owned utilities have the ability to decide when, and if, they will have customer choice, the implementation activities are important to them because the rules and decisions will affect them as wholesale customers if they do not opt-in and as retail providers and competitors if they do opt-in. We have been participating on the City of Denton's behalf in the various projects and dockets initiated at the PUC to implement SB 7. I am enclosing a list of certain PUC projects and ERCOT working groups with a description of activities to give you examples of the increased workload since February. These'projects and working groups will continue in 2000. In addition, several important projects and dockets will be initiated in 2000. For example, the project to promulgate the code of conduct for cooperatives and municipally owned utilities will begin in 2000. The unbundling cases will be filed in April, and these will determine transmission and distribution rates and the competition transition charges (stranded costs) for investor owned utilities. Also, the price to beat rates will be set in separate proceedings during 2000. All of these will affect Denton and will involve the interpretation of the recent amendments to PURA. I have enjoyed representing Denton and working with you during the course of this excruciating transition to regulation by the Commission and, now, to retail choice. I welcome your suggestions on how we can improve our service to you. Please let me know if you need any additional information. RLT/jmc 1060\10\1tr991129rlt Enclosure 13 Protect 20936 20944 20970 21046 21066 21071 21072 21073 21074 21075 21076 21077 21078 21079 21080 21081 21082 21083 21220 21232 21251 21276 21293 21401 21405 21406 21407 21408 21409 21447 21496 21662 21665 December 17. 1999 Restructuring Projects and Rulemakings at PUC Title~ Code of Conduct Renewable Energy Mandate SB7 Implementation Securitization of Stranded Costs of IOU's ERCOT Independent Organization Funding Securitization Forms- IOU's Goal for Natural Gas Rule Changes to Conform with SB7 Energy Efficiency Programs Form for Annual Report of Revenues Electric Reliability Standards Securitization of Stranded Costs - River Authority and Cooperatives Reliability Standards for Aggregators Certification of ISO Including Possible Market Operation Rules Terms & Conditions for T&D Access, Including Tariffs & Modifications to ExistingTransmission Rule Market Power Mitigation Plans and Generation Capacity REP, Power Generator, Aggregator Registration Forms Cost Unbundling and Separation of Utility Business Activities, Including Separation of Competitive Energy Services and Distributed Generation Rules for Interconnection Distributed Generation Rule Changes to Conform Rules to Electric Restructuring Act (SB 7) Implementation of SB 7 Provisions Regarding Customer Education About Electric Choice Modification of Rate Filing Package For Transmission Rates- (Non-IOU TCOS RFP) Application of ERCOT For ISO Transmission Planning Process PUC Investigation of tnterruptible Service Capacity Auctions Standards for recognition of costs of environmental clean-up or plant retirement Retail Competition Pilot Project Provider oi~ Last Resort Price to Beat Review of DSM, Renewable Energy, Efficiency, and Low Income Programs Earning Monitoring Repod for Transmission Service Providers Standard Protective Order for Senate Bill 7 Transition Cases Reliant Energy Inc. Financin9 Order to Securitize Regulatory Assets These are not actual project names. They have been abbreviated to make easier to read. Page '7 of 17 '.IL.]'. CoYf}~?to~ C~O~tSl~l}i~? t512) 331-4949 PUC Dockets and Projects February 1, 1999 to Present PRE-SENATE BILL 7 Docket No. 17549; Code of Conduct for Electric Utilities and Their Affiliates Monitored proceeding, reviewed comments, and submitted comments to ensure that PUC's rule did not affect municipally owned utilities. Docket No. 18459; 1998 Transmission Rates Prepared petitions to intervene in Rayburn's and TMPA's appeal of the final order in Travis County District Court. Filed short term planned transmission rates as required by PUC. Project No. 18703; Transmission Rules Reviewed and reported on proposed amendments to the PUC's transmission rules. Docket No. 20381; Proceeding to Modify ERCOT Transmission Rates for 1999 Pursuant to Substantive Rule 23.67 Prepared Prepared rates. Prepared and filed Statement of Intent to Participate. Actively participated in development of 1999 transmission rates. Prepared and filed comments on proposed rate schedules. and filed reply comments. and filed exceptions to proposed order approving final transmission Prepared and filed motion for rehearing. Assisted with the preparation and filing of Joint Filers' motion for rehearing. Prepared and filed motion for reheating on order on reheating. Prepared and filed reply to motion for rehearing of Reliant Energy and City Public Service. POST- SENATE BILL 7 Project No. 20396; Code of Conduct (IOUs) · Actively participated in workshops and monitored development of rule to ensure that municipally owned utilities were not affected. 1060\10\Work analysis 1 t2/13/99 Project No. 20944; Rulemaking Relating to Renewable Energy Mandate Under Section 39.904 of Utilities Code Developed comments and attended workshops on renewable energy to protect Denton's interests in its hydrogeneration. Prepared and filed position paper -- municipally owned utilities and electric cooperatives are not obligated to participate in the renewable energy credits trading program unless they are offering customer choice. Prepared and filed City of Denton's Statement in Support of Position Paper Favoring Including Existing Renewables in the Credit Trading Program. Prepared and filed comments in response to hypothetical scenario questions concerning purchase of renewable energy credits by municipally owned utilities and electric cooperatives. Prepared and filed reply comments to hypothetical scenario questions. Prepared and filed comments on proposed Rule § 25.161 Relating to Goal for Renewable Energy. Prepared and filed comments on proposed Rule § 25.173, Goal for Renewable Energy. Project No. 20970; Plan for Implementing Senate Bill 7 Actively participated in initial Senate Bill 7 implementation scheduling. Prepared and filed comments on SB 7 Implementation Task Process Chart. Prepared and filed comments on proposed SB 7 Implementation Schedule. Project No. 21072; Goal for Natural Gas Generating Capacity · Attended workshops and participated in drafting the rule. Project No. 21079; Certification of Independent Organizations to Perform Transmission and Distribution Access, Reliability, Information Exchange, and Settlement Functions; Possible Market Operation Rules Actively participated in meetings and reviewed ERCOT informational filings. Prepared and filed comments in response to preliminary report of Ad Hoc Committee on ISO/Network Policy dated 9/8/99. Project No. 21080; Terms and Conditions for Transmission and Distribution Access, Including Tariffs, and Modifications to Existing Transmission Rules Prepared and filed comments in response to questions presented by PUC on several different occasions. Prepared and filed comments on the proposed amendments to PUC Substantive Rule §§ 25.192, 25.193, 25.194, 25.198, and 25.204 and preamble questions. 1060\10\Work analysis 2 12/13/99 16 Project No. 21232; Rule Changes to Conform to Electric Restructuring Legislation (Senate Bill 7) - ~4mendment to § 25.5 Relating to Definitions Prepared and filed comments on revision to 16 TAC § 25.5 - Definitions. Project No. 21276; Modification of Rate Filing Package for Transmission Rates (Non-IOUs) Actively participated in several meetings and workshops. Worked with consultant and other parties to develop comments. Prepared and filed comments and suggested revisions to working draft Non- Investor Owned Utility Transmission Cost of Service (TCOS) Rate Filing Package (RFP) (Withdrawn). Prepared and filed comments and suggested revisions to revised working draft Non-Investor Owned Utility Transmission Cost of Service Rate Filing Package. Prepared and filed comments on suggested revisions to 9/17/99 second draf~ Non- Investor Owned Utility Transmission Cost of Service Rate Filing Package. Prepared and filed comments on proposal to implement an earnings monitoring process for non-IOU transmission service providers. Prepared and filed comments on Interim TCOS-RFP for Transmission Service Providers in ERCOT (IOU and Non-IOU). Docket No. 21650; Denton's Compliance Tariff for Final Order in Docket No. 20381 Prepared and filed compliance tariff. Prepared and filed revisions to compliance tariff to comply with staff suggestions and additional rates. Code of Conduct for Municipally-Owned Utilities Have been actively working with other cities to develop a proposal consistent with provisions in SB 7 to submit to the Commission. 1060\10\Work analysis 3 12/13/99 17 AGENDA INFORMATION SHEET AGENDA DATE: January 18, 2000 DEPARTMENT: City Manager's Office CM: Michael W. Jez, City Manager SUBJECT Consider adoption of an ordinance canvassing returns of the bond election held on January 15, 2000; and providing for an effective date. BACKGROUND The City Council ordered an election to be held on January 15, 2000 for the approval or disapproval of general obligation bonds to be used for street and traffic control improvement, library facility improvement and park improvements. This ordinance formally canvasses the results of that election. R~tA~fully subm, itted: is~; ~ai~s ecretafy ORDINANCE NO. AN ORDINANCE CANVASSING ELECTION RETURNS OF THE BOND ELECTION HELD ON JANUARY 15, 2000; AND PROVIDING FOR AN EFFECTIVE DATE. THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the City Council of the City of Denton, Texas ("City") ordered an election to be held in the City on January 15, 2000 for the approval or disapproval of general obligation bonds on the PROPOSITIONS hereinafter stated; and WHEREAS, said City Council has investigated all matters pertaining to this election, including the ordering, giving notice, officers, holding and making returns of this election; and WHEREAS, the election officers who held the election have duly made the retums of the result thereof, and these returns have been duly delivered to the City Council; and WHEREAS, it is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by the Texas Government Code, Chapter 551; NOW, THEREFOR.B; THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council officially finds and determines that the election held on January 15, 2000 was duly ordered, that proper notice of this election was duly given, that proper election officers were duly appointed prior to this election, that this election was duly held, that the returns of the result of this election have been made and delivered to the Council, and that the City Council has duly canvassed these returns, all in accordance with the law and the ordinance calling this election. SECTION 2. That the official returns of the election officials having been opened, examined, and canvassed and the City Council officially finds and determines that votes were cast at this election on the submitted PROPOSITIONS by the }esident, qualified electors of the City, who voted at the election and that the votes cast for each proposition on the ballot for the bond election were as follows: EARLY VOTING: PROPOSITION NO. 1 VOTES: FOR THE ISSUANCE OF $17,045,000 OF STREET AND TRAFFIC CONTROL IMPROVEMENT BONDS VOTES: AGAINST VOTES: FOR VOTES: AGAINST VOTES: FOR VOTES: AGAINST PROPOSITION NO. 2 THE ISSUANCE OF $6,800,000 OF LIBRARY FACILITY IMPROVEMENT BONDS PROPOSITION NO. 3 ~ THE ISSUANCE OF $10,175,000 OF PARK IMPROVEMENT BONDS The early votes cast in District One for each proposition are as follows: PROPOSITION NO. 1 VOTES: FOR VOTES: AGAINST VOTES: FOR VOTES: AGAINST VOTES: FOR THE ISSUANCE OF $17,045,000 OF STREET AND TRAFFIC CONTROL IMPROVEMENT BONDS PROPOSITION NO. 2 THE ISSUANCE OF $6,800,000 OF LIBRARY FACILITY IMPROVEMENT BONDS PROPOSITION NO. 3 THE ISSUANCE OF $10,175,000 OF PARK IMPROVEMENT BONDS VOTES: AGAINST The early votes cast in District Two for each proposition are as follows: PROPOSITION NO. 1 VOTES: FOR VOTES: AGAINST VOTES: FOR VOTES: AGAINST VOTES: FOR THE ISSUANCE OF $17,045,000 OF STREET AND TRAFFIC CONTROL IMPROVEMENT BONDS PROPOSITION NO. 2 THE ISSUANCE OF $6,800,000 OF LIBRARY FACILITY IMPROVEMENT BONDS PROPOSITION NO. 3 THE ISSUANCE OF $10,175,000 OF PARK IMPROVEMENT BONDS VOTES: AGAINST The early votes cast in District Three for each proposition are as follows: VOTES: FOR VOTES: AGAINST VOTES: FOR PROPOSITION NO. 1 THE ISSUANCE OF $17,045,000 OF STREET AND TRAFFIC CONTROL IMPROVEMENT BONDS PROPOSITION NO. 2 VOTES: AGAINST VOTES: FOR THE ISSUANCE OF $6,800,000 OF LIBRARY FACILITY IMPROVEMENT BONDS PROPOSITION NO. 3 THE ISSUANCE OF $10,175,000 OF PARK IMPROVEMENT BONDS VOTES: AGAINST The early votes cast in District Four for each proposition are as follows: VOTES: FOR VOTES: AGAINST VOTES: FOR VOTES: AGAINST VOTES: FOR VOTES: AGAINST REGULAR VOTING: PROPOSITION NO. 1 THE ISSUANCE OF $17,045,000 OF STREET AND TRAFFIC CONTROL IMPROVEMENT BONDS PROPOSITION NO. 2 THE ISSUANCE OF $6,800,000 OF LIBRARY FACILITY IMPROVEMENT BONDS PROPOSITION NO. 3 THE ISSUANCE OF $10,175,000 OF PARK IMPROVEMENT BONDS PROPOSITION NO. 1 VOTES: FOR VOTES: AGAINST VOTES: FOR VOTES: AGAINST VOTES: FOR VOTES: AGAINST THE ISSUANCE OF $17,045,000 OF STREET AND TRAFFIC CONTROL IMPROVEMENT BONDS PROPOSITION NO. 2 THE ISSUANCE OF $6,800,000 OF LIBRARY FACILITY IMPROVEMENT BONDS PROPOSITION NO. 3 THE ISSUANCE OF $10,175,000 OF PARK IMPROVEMENT BONDS The regular votes cast in District One for each proposition are as follows: PROPOSITION NO. 1 VOTES: FOR VOTES: AGAINST VOTES: FOR VOTES: AGAINST THE ISSUANCE OF $17,045,000 OF STREET AND TRAFFIC CONTROL IMPROVEMENT BONDS PROPOSITION NO. 2 THE ISSUANCE OF $6,800,000 OF LIBRARY FACILITY IMPROVEMENT BONDS PROPOSITION NO. 3 VOTES: FOR VOTES: AGAINST THE ISSUANCE OF $10,175,000 OF PARK IMPROVEMENT BONDS The regular votes cast in District Two for each proposition are as follows: PROPOSITION NO. 1 VOTES: FOR VOTES: AGAINST VOTES: FOR VOTES: AGAINST VOTES: FOR THE ISSUANCE OF $17,045,000 OF STREET AND TRAFFIC CONTROL IMPROVEMENT BONDS PROPOSITION NO. 2 THE ISSUANCE OF $6,800,000 OF LIBRARY FACILITY IMPROVEMENT BONDS PROPOSITION NO. 3 VOTES: AGAINST THE ISSUANCE OF $10,175,000 OF PARK IMPROVEMENT BONDS The regular votes cast in District Three for each proposition are as follows: VOTES: FOR VOTES: AGAINST PROPOSITION NO. 1 THE ISSUANCE OF $17,045,000 OF STREET AND TRAFFIC CONTROL IMPROVEMENT BONDS VOTES: FOR VOTES: AGAINST VOTES: FOR PROPOSITION NO. 2 THE ISSUANCE OF $6,800,000 OF LIBRARY FACILITY IMPROVEMENT BONDS PROPOSITION NO. 3 THE ISSUANCE OF $10,175,000 OF PARK IMPROVEMENT BONDS VOTES: AGAINST The regular votes cast in District Four for each proposition are as follows: PROPOSITION NO. 1 VOTES: FOR VOTES: AGAINST VOTES: FOR VOTES: AGAINST VOTES: FOR VOTES: AGAINST THE ISSUANCE OF $17,045,000 OF STREET AND TRAFFIC CONTROL IMPROVEMENT BONDS PROPOSITION NO. 2 THE ISSUANCE OF $6,800,000 OF LIBRARY FACILITY IMPROVEMENT BONDS PROPOSITION NO. 3 THE ISSUANCE OF $10,175,000 OF PARK IMPROVEMENT BONDS TOTAL VOTES CAST: VOTES: FOR VOTES: AGAINST VOTES: FOR VOTES: AGAINST VOTES: FOR VOTES: AGAINST PROPOSITION NO. I THE ISSUANCE OF $17,045,000 OF STREET AND TRAFFIC CONTROL IMPROVEMENT BONDS PROPOSITION NO. 2 THE ISSUANCE OF $6,800,000 OF LIBRARY FACILITY IMPROVEMENT BONDS PROPOSITION NO. 3 THE ISSUANCE OF $10,175,000 OF PARK IMPROVEMENT BONDS SECTION 3. That the City Council officially finds, determines, and declares the result of said election to be that PROPOSITION NOS , , and so submitted have'received a favorable majority vote in all respects and have carried. SECTION 4. That the aforesaid bonds may be issued, as voted and as provided by law. SECTION 5. That the City Council has found and determined that the meeting at which this ordinance is considered is open to the public and that notice thereof was given in accordance with provisions of the Texas OPen meetings law, Tex. Gov't Code ch. 551, as amended, and that a quonun of the City Council was present. SECTION 6. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this thc __ day of .,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY AGENDA INFORMATION SHEET AgendaNo._ Agenda Item_~ ~/:7 ....... AGENDA DATE: DEPARTMENT: ACM: January 18, 2000 Management and Budget Kathy DuBose SUBJECT A RESOLUTION AMENDING RESOLUTION NO. R99-045 PASSED BY THE CITY COUNCIL ON SEPTEMBER 7, 1999 TO ADD PROJECTS APPROVED BY THE VOTERS AT THE JANUARY 15, 2000 GENERAL OBLIGATION BOND ELECTION TO THE GENERAL GOVERNMENT CAPITAL IMPROVEMENT PROGRAM FOR 2000-2004; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND City Council approved the first year of a five-year Capital Improvement PrOgram (CIP) as recommended by staff on September 7, 1999. Since that time, the Blue Ribbon Committee appointed by Council has reviewed the capital improvement needs for the City. The committee compiled a list of projects to be completed in the next five years, and the list was taken to the voters for approval on January 15, 2000. It will be necessary to amend the first year of the CIP for 1999-2000 to mirror those projects as compiled by the Blue Ribbon Committee. PRIOR ACTION/REVIEW Both the City Council and the Planning and Zoning Commission unanimously approved the five-year Capital Improvement Bond Program as recommended by the Blue Ribbon Committee. The bond election was held on January 15, 2000. FISCAL INFORMATION The 1999-2000 CIP includes $2, t00,000 for Transportation, $1,000,000 for Libraries, and $650,000 for Parks and Recreation/Beautification. Respectfully submitted: Director of Management and Budget RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. R99-045 PASSED BY THE CITY COUNCIL ON SEPTEMBER 7,. 1999 TO ADD PROJECTS APPROVED BY THE VOTERS AT THE JANUARY !5, 2000 GENERAL OBLIGATION BOND ELECTION TO THE GENERAL GOVERNMENT CAPITAL IMPROVEMENT PROGRAM FOR 2000-2004; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 7, 1999, the City Council passed Resolution No. R99-045 adopting the Capital Improvement Plan proposed by the Planning & Zoning Commission and the Public Utilities Board for 2000-2004; and WHEREAS, prior to the passage of Resolution No: R99-045, respectively on June 7, 1999 and June 9, 1999, the Public Utilities Board and the Planning & Zoning Commission recommended the utility and general government capital improvements to be constructed during the forthcoming year in accordance with provisions of the City Charter; and WHEREAS, since those recommendations and the adoption of the Capital Improvement Program 2000-2004, at an election which was duly called and held on January 15, 2000 in accordance with the City Charter and all other applicable laws, the voters approved additional capital improvements to be constructed; and WHEREAS, at its regular meeting of January 18, 2000, the City Council canvassed the January 15, 2000 general obligation bond election and the Council deems it in the public interest to amend the Capital Improvement Program 2000-2004 to add additional public improvements approved by the voters at this election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That Resolution No. R99-045 is hereby amended to add the capital improvements shown on the 1999-2000 Capital Improvement Program General Government exhibit, which is attached hereto and made a part of this resolution for all purposes as if written word for word herein, to the Capital Improvement Program 2000-2004 and authorizing these additional capital improvements which are proposed to be constructed during the forthcoming year. SECTION 2. That save and except as amended hereby, all the remaining sections, subsections, paragraphs, sentences, clauses, and phrases of Resolution No. R99-045 of City of Denton, including the list of capital improvements attached to that resolution, shall remain in full force and effect. SECTION 3. That .this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 1999-2000 CAPITAL IMPROVEMENT PROGRAM GENERAL GOVERNMENT . UNISSUED Transportation - Streets/Traffic Control/Bikeways/Sidewalks/Airport OTHER* TOTAI~ REQUIRED CITY FUNDING Brinker Road Traffic Signals Paving/Sidewalks/Bikelanes Bonnie Brae Fry Street Facility Renovations Development Code and Re-write of Development Code Total 900,000 $ 900,000 20~000 200,000 500,000 500,000 250,000 250,000 250,000 250,000 2,000,000 2,000,000 405,000 40~000 2,100,000 $ 2,405,000 $ 4,505,000 Libraries North Branch Library/ Emily Fowler Renovation Total 1,000,000 $ 1,000,000 1,000,000 $ $ 1,000,000 Parks and Recreation/Beautification Upgrade Parks Community Park Land Acquisition Beautification Total Total Bonds $ 210,000 400,000 40,000 650,000 $ 210,000 400,000 40,000 $ 650,000 3,750,000 $ 2,405,000 $ 6,155,000 * Projects to be funded through the issuance of certificates of obligation Agenda No. ~ ~,~ Agenda I~n~; AGENDA DATE: DEPARTMENT: CM: AGENDA INFORMATION SHEET January 18, 2000 ;iitkYe jMe zan, a;i~r;;Oanf~r~ SUBJECT Consider nominations and appointments to the City's Boards and Commissions. BACKGROUND The following is a list of current Board/Commission vacancies/nominations: Kevin Kasparek has resigned from the Keep Denton Beautiful Board. This is a nomination for Council Member Kristoferson. Diane Ricks has resigned from the Historic Landmark Commission. This is a nomination for Council Member Cochran. Corina Ramos has resigned from the Parks and Recreation Board. This is a nomination for Council Member Burroughs. Nicholas Eassa has resigned from the Construction Advisory and Appeals Board. This is a nomination for Council Member Cochran. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary