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HomeMy WebLinkAboutDecember 07, 2010 Agenda AGENDA CITY OF DENTON CITY COUNCIL December 7, 2010 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, December 7, 2010 at 4:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for December 7, 2010. 3. Receive a report, hold a discussion, and give staff direction concerning the implementation of action items recommended by the Downtown Implementation Plan. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below. CLOSED MEETING 1. Closed Meeting: A. Deliberations Regarding Real Property - Under Texas Government Code Section 551.072 and Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. Receive a report, hold a discussion and give staff direction regarding the value of real property located on the Denton Municipal Airport, specifically the area northeast of the Airport Terminal parking lot and the lease of said property to NE Development and Constriction for the constriction and operation of a restaurant where deliberation in an open meeting would have a detrimental effect on the position of the City of Denton in negotiations with a third person. This discussion shall include commercial or financial information the City Council has received from company which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentives. City of Denton City Council Agenda December 7, 2010 Page 2 B. Consultation with Attorney - Under Texas Government Code Section 551.071. 1. Discuss legal strategies and alternatives regarding potential litigation or settlement, concerning the decision of the third party hearing examiner in an employee disciplinary matter under Chapter 143 of the Texas Local Government Code. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION-). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE, §551.001, ET SE Q. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: REGULAR MEETING 1. PLEDGE OF ALLEGIANCE A. U. S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards I. Police Appreciation Day 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: I. Carolyn Phillips regarding the ordinance for new customer service fees. 2. Hatice Salih regarding the Electric Department. 4. 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. City of Denton City Council Agenda December 7, 2010 Page 3 Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - N). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - N below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund, with Certificates of Obligation with an aggregate maximum principal amount equal to $1,939,550 so that General Fund vehicles and equipment may be purchased, and providing an effective date. B. Consider approval of the minutes for: November 1, 2010 November 2, 2010 November 9, 2010 November 15, 2010 November 16, 2010 C. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager to execute the attached agreement to consolidate the Financial Advisory, Arbitrage Rebate, and Continuing Disclosure services agreements between the City of Denton and First Southwest Company; approving the expenditure of funds therefor; and providing an effective date. D. Consider adoption of an ordinance of the City of Denton, Texas, extending the term of a right of entry and possession dated March 3, 2009, as extended on May 5, 2009, as extended and expanded on June 23, 2009, as extended and expanded on September 1, 2009, as extended on September 15, 2009, as extended and expanded on September 22, 2009, as extended on November 3, 2009, and as extended on December 11, 2009 (as amended and extended, the "Right of Entry"), in favor of the Denton County Transportation Authority (DCTA) and authorizing DCTA to enter upon and take possession of certain real property of the City of Denton for the purpose of performing activities as described in the Right of Entry; and providing an effective date. E. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Tim Love, owner of Love BS 43, a Texas Limited Liability Company, from the Downtown Incentive Reimbursement Grant Program not to exceed $10,000; and providing for an effective date. The Economic Development Partnership Board recommends approval (5-0). F. Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Ten to the contract between the City of Denton and Thaten Constriction, Inc.; providing for a refund of the expenditure of funds therefor; and providing an effective date (Bid 4336-Change Order Number Ten to Fleet Fueling and Trick Wash Facility in the amount of ($105,317) for a total contract award of $2,067,111.50). City of Denton City Council Agenda December 7, 2010 Page 4 G. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Bioxide for the City of Denton Wastewater Department, which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4574-to Siemens Water Technologies Corp. in the amount of $2.14/gallon for an annual estimated amount of $60,000). The Public Utilities Board recommends approval (5-0). H. Consider adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) Program for the purchase of six new roof top heating, ventilating, and air conditioning (HVAC) units for City of Denton South Branch Library and one roof top HVAC unit for City of Denton City Hall East as awarded by the State of Texas Building and Procurement Commission (Contract TXMAS-10-03FAC070); providing for the expenditure of funds therefor; and providing an effective date (File 4615-Roof Top HVAC Unit Replacement awarded to Brandt Engineering, in the amount of $260,655). L Consider adoption of an ordinance authorizing the City Manager to execute a First Amendment to Professional Services Agreement with Freese and Nichols, Inc. to provide a traffic operations study for the Downtown Implementation Plan for the City of Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective date (First Amendment in the not-to-exceed amount of $90,000; aggregating $114,000). J. Consider approval of a resolution amending a policy setting guidelines regarding the naming of City buildings, facilities and parks; and declaring an effective date. K. Consider approval of a resolution naming the City of Denton Animal Care and Adoption Center; and declaring an effective date. L. Consider adoption of an ordinance approving and authorizing the City Manager of the City Manager of the City of Denton, Texas to execute and deliver a fourth amendment to the Master Lease Agreement, by and between the City of Denton, as Lessor and the Denton County Transportation Authority (DCTA), as the Lessee, amending that certain Master Lease Agreement, dated on or about September 30, 2005, by and between the City of Denton, Texas as Lessor and DCTA, as Lessee, pertaining to certain leased premises located in the G. Walker Survey, Abstract Number 1330, Denton County, Texas; and providing an effective date. M. Consider an ordinance suspending certain portions of Section 2-29 of the City Code relating to Rules of Procedure for the City Council of the City of Denton, Texas until April 1, 2011 and substituting alternative provisions through March 31, 2011 for the purpose of testing interim riles of procedure herein established; and declaring an effective date. N. Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Three to the contract between the City of Denton and S. J. Louis Constriction of Texas, LTD; providing for the expenditure of funds City of Denton City Council Agenda December 7, 2010 Page 5 therefor; and providing an effective date (Bid 4466-Change Order Number Three to North-South 42-Inch Water Transmission Main in the amount of $90,706.08 for a total contract award of $4,781,946.28). 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider approval of a resolution of the City of Denton, Texas, adopting the City of Denton's 2011 State Legislative Program for the 82nd Texas Legislature; and providing an effective date. 6. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance regarding a rezoning from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district with a restrictive overlay on approximately 6.836 acres. The property is located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380). (ZIO-0007, 1111 E. University Dr.) The Planning and Zoning Commission recommends approval with an overlay district (3-2). DUE TO OPPOSITION OF MORE THAN 20% OF THE OWNERS OF LAND WITHIN 200 FEET OF THE SITE, A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL. B. Hold a public hearing and consider adoption of an ordinance regarding a rezoning from a Downtown Residential 1 (DR-1) zoning district to a Downtown Residential 2 (DR-2) zoning district on approximately 0.3159 acres. The property is located approximately 130 feet south of the intersection of Eagle Drive and Avenue A, on the east side of Avenue A. (ZIO-0011, 911 Avenue A) The Planning and Zoning Commission recommends approval (4-1). C. Hold a public hearing and consider adoption of an ordinance regarding a Detailed Plan for an approximately 17.887 acre multi-family development located within a Planned Development zoning district (PD-120). The subject site is located at the northwest corner of Locust Street (F.M. 2164) and Beall Street. (PDI0-0001, Gardens of Denton) The Planning and Zoning Commission recommends approval (6-0). D. Hold a public hearing and consider adoption of an ordinance designating and describing the boundaries of a Tax Increment Financing Reinvestment Zone for the Downtown District of Denton, Texas; establishing the duration of the Zone; establishing a Tax Increment Fund; establishing a Board of Directors for the Tax Increment Financing Reinvestment Zone; making certain findings and other matters related thereto; and providing an effective date. 7. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting City of Denton City Council Agenda December 7, 2010 Page 6 AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. C. Official Action on Closed Meeting Item(s) 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 2010 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY- TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: December 7, 2010 DEPARTMENT: Planning Department ACM: Fred Greene SUBJECT - Downtown Implementation Plan Update Receive a report, hold a discussion, and give staff direction concerning the implementation of action items recommended by the Downtown Implementation Plan. BACKGROUND On August 17, 2010, the City Council accepted the recommendations of the Downtown Implementation Plan (DTIP) prepared by Jacobs Engineering, Inc. The DTIP was developed to provide a set of physical plans and detailed recommendations to increase economic development in Downtown Denton. The DTIP defines specific action items to be undertaken in phases to implement the recommendations of the plan. The purpose of the DTIP is to serve as the catalyst to achieve the goals that define the vision for the Downtown Master Plan. In addition, the plan identifies an investment strategy for short term and long term goals in anticipation of the Denton County Transportation Authority (DCTA) Downtown transit center. The DTIP also addresses issues raised by the Downtown business community and develops a plan for the physical development of the Downtown. The DTIP consist of the following elements: Land Use; Parking; Parks, Recreation, and Open Space; Architecture Design; and Linkages/Street with each component containing recommendations for specific action items to implement: (1) A readily actuated and incremental comprehensive vision for the area; (2) Land development regulations and a regulatory framework to facilitate economic development in the area; (3) Establish and recognize an innovative and distinct Downtown environment and experience; and (4) Provide recommendations to existing policies, regulations, and code provisions to implement the proposed Plan. The Denton Downtown Master Plan, the Denton Plan, and the Denton Development Code were all used as the basis for all DTIP element recommendations. Chapter 6 of the DTIP, presents a framework for strategic investment and provides short-term, medium-term, and long-term action items that the City can execute in a tactful way. Implementation responds to the following time schedule. • Short-term 0 - 3 years • Medium-term 3 - 5 years • Long-term 5 - 10 years Following the acceptance of the DTIP, staff initiated the short, medium, and long term action items identified by the plan. Provided in this AIS is a summary of each of the action items, in terms of design, schedule, and funding, if applicable. Summary of Action Items Item Action Item Status Schedule for Fundin- Completion Required 1 Hickory Street/Industrial Complete September 2010 $40,375 Street Micro seal and Striping 2 Tax Increment Finance Ongoing December 2010 Staff Initiated District 3 Park Exaction Fees Ongoing January 2011 Staff Initiated 4 Downtown Traffic Study Ongoing March 2011 $150,000 5a Form Based Code (private) Ongoing April 2011 Staff Initiated 5b Form Based Code (public) Ongoing April 2011 Staff Initiated 6 Downtown Mobility Plan To begin after May 2011 Staff Initiated Amendment Downtown Traffic Study is complete 7 Downtown Rail Station Ongoing June 2011 n/a 8 Solid Waste - Pilot Program Ongoing June 2011 TBD 9a Hickory Street - Bell to Ongoing June 2011 $620,000 Railroad 9b Hickory Street - Locust to Design to begin 2013 TBD Ruddell 2011 10 Wayfinding System Network Ongoing TBD TBD 1. Hickory Street/Industrial Street Micro-seal and Striping Among the action items identified by the DTIP is the creation of more parking spaces on Hickory Street between Locust Street and Bell Avenue, and Industrial Street between Hickory Street and Mulberry Street. During the weeks that followed the acceptance of the DTIP, the City micro-sealed Hickory Street and Industrial Street in preparation for angled parking striping on both roads. Following the micro-seal, the City striped angled parking on Hickory Street and Industrial Street. The cost for the micro-seal was $36,375 and the angled striping was $4,000. The result was more public parking spaces were added in the Downtown area. Hickory Street had space for approximately 51 parallel parking spaces. After striping, there are now 61 angled parking spaces. Industrial Street had space for 5 parallel parking spaces, presently there are 8 angled parking spaces. In addition to the public parking spaces, Page - 2 striping of these streets has narrowed the travel lane, which has served to slow down traffic on both streets. F 1;11 Sa I~ 4ll,rs ~ . t a d (7. W ftn ~a fit .;i.• f ;r. Lao, After 2. Tax Increment Finance District The City Council approved a resolution at their August 3, 2010, meeting notifying the Denton Independent School District (DISD) and Denton County of the City's intent to establish a Tax Increment Reinvestment Zone or TIF. The DISD and Denton County responded with resolutions declining to participate in the TIF. On October 19, 2010, Council discussed the proposed TIF boundaries, potential eligible projects, and TIF Fund revenue. An additional work session discussion is scheduled for November 16, 2010. If directed to proceed with the creation of the TIF and TIF Board, a public hearing and ordinance establishing the TIF and will be scheduled for December 7, 2010. The proposed TIF would capture approximately $23.6 million in new property tax revenue for the Downtown area over a thirty year period. Projects such as parking garages, streets, streetscapes, sidewalks, drainage, utilities and municipal services can be funded by TIF funds. Page-3 Legend L~TIF Boundary U L - Centerline Streets a-.r Property Description U-4 Acreage w/or w/o Agr use Cable Company U Iuplex Cas Company OAK rti Y LL lultifamily i H F~ORY hone Company s Real and Commercial 1~- j Single Family C) r o_' s I*, (Z", SYCA[VIORE Vacant Commercial Lots X F-r PRAME W E m S X 1)1,,N ON W April . i= I;10 MIleS This map is a graphic rc ~resentatlon prepared by the City of Denton and is intended for use only as a reference. Data depicted Q. 0.05 0.1 0.2 0.3 04 Is not guaranteed for accuracy and may be subject to revision at any time without. notification. A Registered Surveyor for the State of Texas was not. consulted. For Survey level accuracy; supervision and certification of the produced data by a Registered Professional Land Surveyor for the State of Texas would need to be performed. Proposed Tax Increment Financing District 3. Park Exaction Fees Developers in the City's "Infill Special Purpose District" area as defined in Subchapter 7 of the Denton Development Code, may now use the most current assessed value for that property from the Denton County Appraisal District or the purchase value stated in their closing documents, whichever is lower, to determine "fair market value" of the property for the purpose of computing Park Dedication Fees. Also, staff is working with the Legal Department to develop a contract that will allow developers of projects within one mile of the County Courthouse, to direct the Park Dedication and Park Development Fees generated from their projects for DTIP Recreational and Beautification projects, such as planters and pots, street trees, irrigation, benches, lights, bike lanes, trash cans, bike racks, pocket parks and performance areas. Page - 4 4. Downtown Traffic Study- Purpose/Scope and Status of Study A study for the Downtown traffic operations to analyze the proposed DTIP road section changes and rerouting is currently in progress. The study will be conducted in three phases as noted below: • Phase 1 - Qualify and Quantify Pass-Through Traffic using Locust and Elm Streets • Phase 2 - Evaluate Potential North-South Traffic Diversions Away from Downtown • Phase 3 - Evaluate Impact of Proposed Downtown Street Modifications The Phase 1 study was initiated in October, and a report from the consultant is expected by the end of October. The purpose of the Phase 1 study is to quantify the destination and pass through traffic using the Locust and Elm Street entry points into downtown. The results of the Phase 1 study will establish the amount of through traffic diversion from downtown. Capacity analysis of alternative routes to accommodate this redirected traffic will be done in the Phase 2 study. The Phase 2 study will be initiated in December 2010. The total amount budgeted for the total traffic study is $150,000. The Phase 1 study cost proposal from the consultant was for $24,000. The Phase 3 of the Downtown Traffic Study will determine the impact of the proposed DTIP Downtown street cross-sections, and provide guidance on what is achievable based on the current and future traffic conditions. The study will evaluate the existing Right of Way versus what is proposed in the DTIP, and provide a road map for amending the current Mobility Plan that reflects the Downtown vision for use of the Right of Way corridor for vehicular, bicycles, and pedestrian use. The traffic operations plan for the Downtown will reflect current best practices for urban centers as set out in the ITE Context Sensitive Sohttions in Designing Major Urban Thoroughfares for Walkable Comnninities, which has now been adopted by the State of Texas. This report is the culmination of several years of focusing on streets that ensure overall mobility (pedestrians, bicycles, cars and transit) within the context of adjacent land uses in the Downtown area. 5. Form Based Code The Form Based Code (FBC) was scheduled to be considered in concert with the DTIP, however after further staff discussion it was determined to have the FBC follow the DTIP. This will allow staff more time to draft a Code that is both concise and comprehensive. At the same time provide staff ample opportunity to obtain input from the general public. FBCs are distinctly different from typical zoning ordinances and standards. FBCs focus on creating functional, attractive, and economically-successful neighborhoods and commercial areas by creating a more predictable outcome of physical development. The Page - 5 FBC will set standards and develop policy language for elements, such as building form, parking, open space, architectural elements, and streetscape. The FBC will be incorporated in the Denton Development Code (DDC) as a Special Purpose Overlay District, called "Downtown District." All of the standards and intent statements in the new Downtown District will govern when conflicts arise with other DDC provisions. Two teams were created to handle the different sections of the FBC. The first team was assigned to draft the private section of the FBC, such as building form, parking, open space, and architectural elements. The second team was assigned to draft the public section of the FBC, such as street cross-sections, streetscape, and public rights-of-way elements. The second team's draft is pending the results of the Downtown Traffic Study as discussed above. Following the completion of the draft FBC, staff will begin to obtain input from the general public. Staff will solicit input through the City website and by making presentations of the draft FBC to the Developer's Committee, the Downtown Task Force, the Planning and Zoning Commission and to the City Council. Throughout this process staff will retain Rick Leisner with Jacobs and Dennis Wilson with Townscape, Inc. for consulting services on drafting a FBC. 6. Downtown Mobility Plan Amendment Following the completion of the Downtown Traffic Study and the adoption of the FBC, the City will start working on amending the Denton Mobility Roadway Plan within the Downtown area. The current Denton Mobility Roadway Plan establishes the Downtown commercial streets and arterial street sections. The Downtown traffic operations study currently underway will guide the Mobility Plan amendments. It will establish the necessary street capacity, and required street cross-sections to support current best practices for urban centers as set out in the ITE Context,Sensitive Sohttions in Designing Major Urban Thoroughfares for Walkable Comnninities, which has now been adopted by the State of Texas. 7. Downtown Rail Station DCTA is moving forward on the service implementation schedule for the launch of their regional rail service, the A-train. DCTA has tentatively scheduled the implementation of commuter rail service for June 2011. Since constriction began, workers have cleared vegetation from the railroad right-of-way of-way, completed more than nine new railroad crossings, and installed a 1,400-foot sound-wall barrier. Also, miles of railroad bed have been built with improved drainage, grading and other materials for a high-quality railroad. Work has also started in the constriction of two stations in Denton, the Medpark Station and the Downtown Rail Platform which complements the Downtown Denton Transit Center. The City of Denton is currently working to complete the Downtown Denton Transit Center, with the assistance of federal grant funds. Constriction is targeted for Page - 6 completion of the facility in February 2011. Denton and DCTA staff is currently working on a schedule that would provide bus service to begin operating from the bus lane and bus shelters at the new Downtown Denton Transit Center in January. This would allow DCTA to implement the realignment of existing bus routes prior to the beginning of the spring semesters at the University of North Texas and Texas Woman's University. Due to funding mechanisms the Downtown Rail Platform and the Downtown Denton Transit Center are two separate projects but were designed to complement each other. The first phase of the Downtown Denton Transit Center includes public parking, bus lane, a bus shelter, a public plaza area, an indoor passenger facility with restrooms and ticketing concessions as well as a community room and administrative offices for the DCTA bus operations. A second phase to the Downtown Denton Transit Center allows for the constriction of pedestrian access and streetscape enhancements from the Hickory Street and Railroad Avenue intersection west to the Bell and Hickory Street intersection. Preliminary design is underway for this project and the current scope anticipates constriction of sidewalks on the north and south sides of Hickory Street, landscaping, pedestrian crosswalks at Hickory and Bell Streets and pedestrian crosswalks for the Union Pacific Railroad. Constriction is anticipated to commence in the spring of 2011 with the intent to complete pedestrian amenities prior to DCTA rail operations in late June 2011. 8. Solid Waste - Pilot Program The Solid Waste and Recycling Department is planning to implement a pilot program regarding shared trash and recycling collection dumpsters for the Square District beginning in January 2011. The types of containers will be front-load 8-yard capacity dumpsters for trash, cardboard, and commingled recycling. The expected timeline for the pilot program is as follows: October-November 2010 Solid Waste staff will evaluate existing trash collection service accounts in the Square District to determine the level of service and sharing combinations and the amount and kind of dumpsters for placement in each service location. Solid Waste staff will then determine one rate per cubic yard of service that reflects the combined trash and recycling system. Service charges will be based on current level of service per business, to be evaluated throughout the pilot program. Informational materials to educate businesses of the pilot program will be developed during this time. In addition, staff will work with potential partners for assistance in promoting and recognizing recycling participation, such as the Chamber of Commerce and Keep Denton Beautiful. November-December 2010 Informational materials will be directly mailed and/or hand delivered to all businesses in the Square District. The materials will include the pilot program start date, shared container types and locations, color-coded map of container assignment, contact phone Page - 7 number, and notification of Group Training Event regarding the new combined trash and recycling program. 0u~ikertowi Park E 7-] Scluar District ~owntown District ~i ~r i l Solid Waste Strategy Map December-January Staff will hold Group Training Events at location on or near the square. Recycling posters depicting accepted items; non-accepted items, and contact information will be distributed to businesses. During this period, staff will hold follow up meetings with individual square merchants if desired to answer any questions or address any concerns. January 2011 Starting in January, the Solid Waste and Recycling Department will install clearly marked trash, commingled recycling, and cardboard recycling containers in designated areas on mews streets and begin the pilot program. In addition, staff will kick-off possible sister campaigns with the Chamber of Commerce and Keep Denton Beautiful. During Pilot Program The Solid Waste and Recycling Department will continuously monitor contents of recycling and trash dumpsters for signs of contamination, participation, and service level adjustment. Staff will provide continuous feedback and recognition to streets, blocks or Page - 8 individual businesses that are recycling, follow up with any merchants that may need further clarification on program details, and adjust service levels as needed throughout pilot program. Any problems due to location, amount, or type of dumpsters, adjustments will be made accordingly. End of Pilot (6-12 months) After 6-12 months, staff will make a final determination of the amount and location of dumpsters and proper service levels, review costs, and determine best method for cost allocation. After the program is implemented, staff will survey Square District merchants for program improvements. Recommendations for permanent container screening will be coordinated with the future street improvements of the mews streets. 9. Hickory Street - Locust to Ruddell Street Hickory Street was determined by the DTIP to be the "Grand Street," linking the Courthouse Square and the DCTA Transit Center, which sets the stage for the entire Downtown development process. The identity and character of-the "Grand Street" includes wide sidewalks, angled parking, and shared lanes that accommodate both vehicular and bicycle use as shown in the exhibit below. The Downtown Traffic Study currently in progress will provide guidance on how much of each of the elements envisioned in the "Grand Street" cross-section is feasible. This will then result in the creation of a street cross-section to be used for the design of Hickory Street. Currently, with action from the City Council, funding of $1.78 million for Hickory Street constriction from Locust Street to the DCTA Transit Station has been established. Denton County is working on providing an additional $2 million funding for the Hickory Street section from the Transit Station east to Ruddell Street thereby linking the two Courthouses with a new street section. The design of the entire Hickory Street from Courthouse to Courthouse is proposed to be done together in 2011 upon completion of the Downtown Traffic Study. Constriction of the entire section is proposed to commence in 2012 once the public and private utility rehabilitation/relocation is complete. Perspective of Hickory Street east of the Square. Page - 9 10. Wayfinding System Network Staff is in the beginning stages of preparing a comprehensive wayfinding system network, which will include defining the type of signs, locations, content, and sign design. At this time the total cost and schedule associated with the comprehensive wayfinding system has not been finalized. The wayfinding system network will include entry signage (both primary and secondary) into the City, directional signage for Downtown and its points of interest. Also included will be public parking and directions to the area's multiple destinations, such as Quakertown Park, the proposed DCTA Transit Center, Courthouse Square, UNT, TWU, Directory and pedestrian signage will be located throughout the Downtown area. Once drafts of the comprehensive wayfinding system network are complete, staff will begin work to obtain input from the general public. Similar to the draft FBC, the draft comprehensive wayfinding system network will be presented to the Developer's Committee, the Downtown Task Force, the Planning and Zoning Commission and to the City Council. PRIOR ACTION/REVIEW 1. August 17, 2010 - City Council acceptance of DTIP 2. October 29, 2010 - Developers Committee Meeting 3. November 4, 2010 - Downtown Task Force Meeting 4. November 17, 2010 - Planning and Zoning Commission Work Session NEXT STEPS In January 2011, another update presentation to the Developer's Committee, the Downtown Task Force, the Planning and Zoning Commission and to the City Council will be made. EXHIBITS 1. DTIP Update Presentation Prepared by: P~Qw - Ron Menguita, AICP Development Review Liaison Respectfully submitted by: Brian Locldey, AICP Development Review Committee Administrator Page - 10 Julwwoj t y a 1111iyt . , a PgiQ1IPlE Rob, w_ I 1 t 4 14 y i Mall t p ! ~ D" I ' t I E I IIt ~ ~ ~ ~ a ~ d ~ d a ~ a ~ ~ ~ ~ ~ ~ d d ~ d ~ d d ~ ~ ~ d ~ ~ ~ ~ ~ ~ J y a " C ~ 1 v r ~ ~ ' I ( i ( I I 1 s. 6r s i 11 III ~ i _ III I ` _ it - ~ I ]i I C - t ~ i X39 - I j - ~ I ij- ~ -i ~ I J 1 W , a ' FF 1 . i, AW 4-4 1 h•+l 1L - - - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 7 O L a) N O 'a 0 m m O m LO U- U) ) O a) E m ~ O a) O L 0- = U '(l~~U CnN ON MN N 4-j 0) O 0) Q 0) O 0) U O O O •U O a) c U ~ - N (6 2i 0) a) x LLJ U X 4-j 4-j 4-j 4-j N a~ w w 7C3 7C3 7C3 L Of) cn N N N \V O CO O CO (6 CO U (U E CO ~ CO LUL U) U) U) O O CD O ~ Q N N (V N X: o ~ CID W c V) O U) N 0) E 0) 0) c~ O O CO ~aD a) Z 7C3 70 4--J Cc O O U U O E ' CO _0 _0 a~ U) ~ m c0 p c6 - C ~ O f CD 0 o O - CID -0 co ti a~ LO O L O O m ~ m m LL 6F} W - O O 'a Q N N N N O V O 4° V N CD Cm ~ cm O O O CY) O O o~ O O 4-0 O N E N N o Cu O N (D 4-0 4-J 4-0 CY) c n O L o V O O .U (6 U O (6 N Q cna _0~ Z: ~z co -0 O 00 CD M m . f k., n { f ,g tk I ~ r K~ f ~ k tekt r r ~ i „ ~ ~ ~ m p , a 0 c E vT L, t; E (0 La E CL 0 E C2 C) as E CS L) 0 E Cc LL ° ro c Fem. o C) 0 CL ly a ¢oo a 0 -B Q r /\AVHSGVH9 = b LLt C n a c ~'Za Z. c w u U - z L ~yy by # U q A 3 4 LU c~~N m d r ry C s q F-~ a V 1~ '~4 v tF ~ s L}I N ~ J N )`p .'M i isnoo-1 W-13 11o1:11Jd3 pulsi❑ 6ui3ueui=l juawanul xel :g Iigiyx3 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 1 ~ fy ..L ' JIM +~it CIL ~F All Y Ll~ ~Q a r o Y -E a 01 : r c-i y ~y r m ~ ~ w U31N3 I~ ~ N 9 LL ~ . r - „ems i i 77 1 ~ B 1 a 1 1 I~ 1 , 1 - pp 1 _i F, 1:00 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I III f a I I ji'I v III ~I C a I C~ Q ,rte I i u •iC f ~ I a _ - ,I i I I . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 00 1 I lid { { lM l~ r { r{~ ri,i~~Y~ I ~ rY~ mill' t K-. 1' ~ 1 ~7 1 - l 7~ - ' f I 1 f a 11 ~ ~ I r ONE - I r t H` r I is s ~ L. i " 1 . . . . . . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ry 0?110ONINJOLN ~t.■■.■.r' Hi'dON 0l0 ■ Yr . 1 :Lu ti..~ z ti**"~►4Z Z It. • z nAowaaa~r ' e Q. A; z, . a ; C 'O , ■ ..............ri 3VMS .....NUB.. AGENDA INFORMATION SHEET AGENDA DATE: December 7, 2010 DEPARTMENT: Finance Al-I ACM: Jon Fortune YT- SUBJECT Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $1,939,550 so that General Fund vehicles and equipment may be purchased, and providing an effective date. BACKGROUND The FY 2010-11 Capital Improvement Program Budget includes provisions for the replacement or purchase of new vehicles and equipment. Vehicles and equipment are purchased with Certificates of Obligation, which are sold in conjunction with a capital improvement program bond sale. The City of Denton's next capital improvement program bond sale is scheduled to occur in April 2011. Due to necessary lead times in the purchase of vehicles and equipment, Fleet Services would like to initiate this purchase prior to the sale of the Certificates of Obligation. The purchase will be made out of the unreserved fund balance of the General Fund, and with the approval of the ordinance, these funds will be reimbursed once the Certificates of Obligation are sold. The total expenditure for the purchase of vehicles and equipment in the General Fund is $1,939,550. The list provided in the ordinance as attachment "A" details the vehicles and equipment that will be purchased. PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISIONS) None FISCAL INFORMATION This ordinance will allow the Certificates of Obligation to reimburse the General Fund in the amount of $1,939,550. Respectfully submitted: 4,,'- 5: : Bryan Langley Chief Financial Officer SALega110ur Documents\Ordinances1101Reimbursement-vehicIes.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION WITH AN AGGREGATE MAXIMUM PRINCIPAL AMOUNT EQUAL TO $1,939,550 SO THAT GENERAL FUND VEHICLES AND EQUIPMENT MAY BE PURCHASED, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "Issuer") is a municipal corporation/political subdivision of the State of Texas; and WHEREAS, the issuer expects to pay expenditures for purchase of vehicles and equipment being fleet additions and replacements, which were approved in the 2010-2011 Capital Improvement Program Budget and are described in Attachment "A"; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $1,939,550 for the purpose of paying the costs of the Project, as set forth in the attached Attachment "A", which is made a part of this Ordinance for all purposes as if incorporated word for word herein. SECTION 2. All costs to be reimbursed pursuant hereto will be for the purchase of fleet vehicles and equipment as authorized by Section 271.045(a)(1) of the Texas Local Government Code. No tax-exempt obligations will be issued by the Issuer in furtherance of this Ordinance after a date which is later than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures are made, is placed in service. That all amounts expended from the Unreserved Fund Balance of the General Fund for the Project set forth in Attachment "A" to pay any costs of the Project shall be reimbursed from Certificate of Obligation bond proceeds within the 2010-2011 fiscal year. SECTION 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Ordinance more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. SALegaROur DocumentslOrdinances1101Reimbursement-vehicles.doc PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: I Page 2 of 2 ATTACHMENT A Vehicle Replacement and Supplemental Additions FY10-11 Amount HBU Dept/Div New Description Estimate 340001 Animal Ctl Chevy Truck,3/4T 4x4 $ 55,000 320100 Fire/Ops LTI Truck,Fire,Quin Refurbish $ 600,000 320100 Fire/Ops F350 CREW CAB/ 9'BED TRAILER $ 52,500 320200 Fire/PREV PICK UP TRUCK $ 24,200 320100 Fire/Ops Trailer $ 12,000 402110 Parks/Athl John Deere Tractor $ 35,708 402110 Parks/Athl JOHN DEERE Tractor $ 28,656 402140 Parks/Land BIG JOHNS Chipper $ 26,934 402130 Parks/Main INTL Truck,1T Utilit $ 50,000 402130 Parks/Main JOHN DEERE Tractor $ 24,609 402130 Parks/Main GRASSHOPPER Mower, 61" $ 12,434 401001 Parks/Rec FORD Van, 15 Pass $ 28,000 401001 Parks/Rec FORD Van, 15 Pass $ 28,000 401001 Parks/Rec FORD Van, 15 Pass $ 28,000 310100 PD Ops Chevy Tahoe $ 39,000 310100 PD Ops Chevy Tahoe $ 57,500 310100 PD Ops Chevy Tahoe $ 57,500 310100 PD Ops Chevy Tahoe $ 57,500 310100 PD Ops Chevy Tahoe $ 57,500 310100 PD Ops Chevy Tahoe $ 57,500 310100 PD Ops Chevy Tahoe $ 57,500 310100 PD Ops Chevy Tahoe $ 57,500 310100 PD Ops Chevy Tahoe $ 57,500 310100 PD Ops Chevy Tahoe $ 57,500 310100 PD Ops Trailer $ 10,000 352001 Traffic Thermoplastic Pre-Melter $ 59,200 353001 Streets Asphalt Truck $ 100,000 Subtotal $ 1,731,741 Contingency @ 12% $ 207,809 General Fund Total $ 1,939,550 FY10-11 Draft Fleet Purchases REV GF 12/2/2010 CITY OF DENTON CITY COUNCIL MINUTES November 1, 2010 After determining that a quorum was present, the City Council convened in a Work Session on Monday, November 1, 2010 at 11:30 a.m. in the Council Work Session Room at City Hall. PRESENT: Council Member King, Council Member Heggins, Council Member Gregory, Council Member Engelbrecht, Mayor Burroughs, Council Member Watts, and Mayor Pro Tem Kamp. ABSENT: None. 1. Receive a report, hold a discussion, and give staff direction on proposed revisions to the credit and collection policies for City of Denton utility customers. Ethan Cox, Customer Service Manager, stated that during a May 2008 management review, Navigant Consulting characterized the City's utility bad debt policy as "high, especially for a utility this size". Uncollectible debt to billed revenue had grown to 0.57% for FY 08-09, with 68% residential and commercial debt increasing by 331%. Challenges with the current process included (1) inconsistent credit screening, and (2) collection timeline and inadequate deposit coverage which led to bad debt. Mayor Burroughs asked if the bad debt was based on annuals. Cox replied correct. Mayor Burroughs asked how long that bad debt was carried and what was the total bad debt. Cox stated that the city did not forgive the debt. He would have to provide Council with the amount of the total bad debt. Council Member Watts asked if the bad debt amount was carried forward each year. Cox stated that it was not carried forward. Bryan Langley, Chief Financial Officer, stated that the amount of bad debt was still carried on the books as money still owed but it was written off the financial statement. Cox continued with the challenges of the current processes: (3) customer treatment was the same despite credit and payment history, (4) lack of clear guidelines lead to inconsistent decision making, and (5) ordinance and business practices were not aligned. Revenue collection strategy - in July 2009 Customer Service partnered with Navigant to create a collection strategy that treated customers based on credit risk, encouraged prompt payment and reduced uncollectible bad debt. New Customer and Credit Issuance - the current process included (1) all new customers were charged a deposit, (2) the deposit was waived with either a cosigner or a letter of good standing, (3) credit screening was not being used to assess risk so that customers with good credit paid unnecessary deposits and received interest when refunded. Adequate deposits were not secured City of Denton City Council Minutes November 1, 2010 Page 2 for high risk customers. The current deposit was $125 for residential customers and $300 for commercial customers. The proposed process performed a credit inquiry, utilized a tiered deposit stricture based on credit score, accepted a cosigner or letter of good standing for residential customers with Fair or Insufficient credit and irrevocable letter of credit would be accepted in lieu of a deposit for commercial customers. Cox reviewed the current collection timeline noting that challenges included delaying non-pay disconnects contributed to a longer wait for revenue and minimum deposits left 60-75 days without deposit coverage. The current system billed in arrears. The proposed customer credit rating would rank customers according to their payment history in the utility billing system. Negative credit events added points to the customer's score. Each event followed the customer for one year. The number of points accrued would rank the customer on the credit rating scale. The proposed collection timeline had a difference in Day 38. Customers with a "C" rating or lower would be disconnected 7 days sooner which would result in an 11-20% reduction in annual bad debt. That would be coupled with 1/6th deposit leaving only 8-23 days outside of coverage. Council Member Watts asked if a customer was disconnected, what would the minimum be to get service back on. Cox stated that today the customer would have to pay the past due amount. The customer could also have payment arrangements over a number of months. Payment arrangements were also included in the proposed ordinance and would be considered on a case by case basis. Council Member Watts stated that to go from a disconnect at Day 45 to Day 38 translated into an 11-20% reduction in bad debt that was substantial. Most of the people disconnecting would not have new service connects. Council Member King felt this was a better deposit management plus a shorter cut-off date. Cox stated that a large number of customers did not have adequate deposit coverage. Mayor Burroughs asked if someone knew he was going to gone for a period of time, could he prepay a minimal amount for service to continue. Cox stated yes plus another action was automatic draft. Customers could also have the budget billing service which was used by people who travelled a lot. Cox continued with timeline concerns. There was a need to create a shorter collection cycle for customers that could not pay deposits. Customers would use 45-60 days of service before disconnection. There was also the need to reduce the timeline's forbearance period as meter reading, billing and disconnection was performed by cycle. Further changes would require additional headcount or technology. These suggestions had a set of standards for each type of customers. Right now there were 25 cycles which corresponded to different portions of the city. This was important as meter reading was done manually. The recommendation right now was only for Day 38. City of Denton City Council Minutes November 1, 2010 Page 3 Council Member Gregory asked about the expense for adding a cycle. Cox stated that he would need to double resources each time a cycle was added. Council Member Gregory asked for the administrative costs for adding cycles before this item was on an agenda. Council Member Watts asked if an individual could not pay the deposit, could it be split out on a bill. Cox stated that the current process was to include it in the billing cycle. There was a need to change the process to have at least a portion of the deposit up front if not all of it. A first bill tended to be overwhelming with 45-60 days of service plus a deposit amount included. Mayor Burroughs asked about a person with no history and poor credit with not enough money for a full deposit, what would be the deposit. Cox stated that with the proposed system, a new customer would enter as an "A" rating. If that person were a high risk, he would start with high risk deposit. Council Member Heggins asked about the Plus One funds helping with the costs. Cox stated that Plus One did not cover deposits and were subject to customer's situations. Council discussed various scenarios of types of customers, situations with deposits, and amounts of deposits. Cox stated that commercial due dates were too aggressive with late payment penalties not adequate. An average 7,227 accounts were late each month. In September 2010, 95% were repeat offenders. He suggested increasing the late fee from $10 to $20. Council Member Watts stated that he was concerned about the past due fee for commercial and felt it was not high enough. Cox stated that most of the past due amounts were for residential accounts as opposed to commercial customers. Mayor Burroughs suggested looking at the possibility of having a one shot where a customer did not get a late fee but got a warning. They would have one opportunity to not get a late fee then would receive an increased late fee to a higher amount. Cox stated that they did not look at a free pass but that several notices that were sent out in addition to the late fee notice. The customer also received a call at Day 25. He continued with the refunding of deposits. The current process was that a deposit would be refunded when the customer paid twelve billings without disconnection for non-payment, meter tampering, or more than two delinquencies. The proposed process allowed residential customers with an "A" rating though twelve billings to qualify for a deposit refund. Commercial customers would only be refunded a deposit when an Irrevocable Letter Credit was provided. City of Denton City Council Minutes November 1, 2010 Page 4 Council Member Gregory stated that with no implementation phase, what happened if a customer could not or would not pay the deposit. Cox stated that the deposit was the first item on the bill to pay. If a customer elected not to pay that amount, the service would eventually be disconnected for late payment. If a customer were struggling to pay a bill, there were charitable organizations which would be an option and payments arrangements were another option. Council Member Heggins asked about non-paying customers and if those accounts were given to collection agencies. Cox stated that those accounts were sent to collections at 130 days and the collection agency received a portion of the collection. Council Member Watts did not understand the rational of paying interest on deposits and questioned the rate of interest and why deposits would not be required for some customers. Cox stated that it would be a show of good faith for some customers and would encourage behavior they wanted to see. Interest was paid under the provisions of the Texas Utility Code which required the payment of interest on deposits. Requesting Additional deposits - the current process was that additional deposits could be requested if service was terminated for non-payment, tampering with the city's meter was found, the customer was paying off a previously uncollectible balance, an irrevocable letter of credit had expired, or if a customer had an unacceptable credit rating and no cosigner. Challenges of additional deposits were "unacceptable credit rating" and additional deposit amounts were not clearly defined. The proposed process required a deposit for customers with a "D" to "F" credit rating in the utility billing system. Implementation - all customer credit ratings would be reset to "A". Deposit refunds to "A" customers would only occur after 12 consecutive months of good payment history. When a credit rating dipped to "D" or below, a deposit of 1/6th the average annual billing would be requested. Council Member King asked about waiving the credit card fee in 2011. Langley stated he would like to implement that by June of next year. The summary was to change the ordinance and processes to implement regular credit checks and ratings, have deposit decisions based on customer credit/risk, adjust the collection timeline based on customer risk, request additional deposits based on credit rating, and refund excess deposits based on credit rating. With no further business, the meeting was adjourned. City of Denton City Council Minutes November 1, 2010 Page 5 MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES November 2, 2010 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, November 2, 2010 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Watts, Council Member King, Council Member Heggins, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, and Mayor Burroughs. ABSENT: None. 1. Citizen Comments on Consent Agenda Items Nan Goplerud, Mayborn School of Journalism, stated that the Mayborn School appreciated the opportunity to work with the city's public access channel. She felt they were qualified to operate the access channel and welcomed the opportunity to do so. Sam Alexander, 3219 McReynolds Road, Sanger, 76266, spoke on Consent Agenda Item V. Bob Clifton, 1800 Morse, Denton, 76201, spoke on Consent Agenda Item V. 2. Requests for clarification of agenda items listed on the agenda for November 2, 2010. Council Member Gregory questioned Item W and whether the city was providing additional dollars for the land only and DCTA was providing the building or was the city providing the building and the land. Vance Kemler, Director of Solid Waste, stated that this was a third amendment for a three month extension of the existing lease which DCTA leased from the city. Council Member Watts stated that it would be a third amendment for a temporary extension to allow for renegotiation of the lease for a new building. Kemler stated correct that the current lease was for three years with two extensions and this proposal would extend the lease for an additional three more months to allow for the negotiation of a new lease. Mayor Burroughs stated that Consent Agenda Item 4T showed the place of business for the awarding of the contract was Kansas but Exhibit 2 indicated it was Prosper, Texas. Phil Williams, General Manager-DME, stated that the principle place of business was in Kansas but their local office was in Prosper. Council Member King questioned Consent Agenda Item Q as to whether the ban included snuff and chewing tobacco. Emerson Vorel, Director of Parks and Recreation, stated that all tobacco products would be banned. City of Denton City Council Minutes November 2, 2010 Page 2 Council Member Watts requested a memo associated with Consent Agenda Item U and whether the cost based on grant funds was still within budget for that project. Council considered Item 44. 4. Receive a report, hold a discussion, and give staff direction on proposed revisions to the new Animal Care and Adoption Center Master Plan. Scott Fletcher, Captain-Denton Police Department, presented prior steps involved in the shelter. Those included a feasibility study, a master plan, a City-Denton Animal Shelter Foundation agreement, land purchase, Denton Animal Shelter Foundation capital campaign and an examination of alternative sites. Alternative sites were determined to not be feasible and downsizing was considered. Shelter features included a change of focus, an emphasis on adoption, a positive environment, an emphasis on animal habitats, and improved service. The change in focus would be to change the perception in people's understanding that the Animal Shelter was a place to adopt animals. Cat habitats would have 36 individual kennels, 2 large colony rooms, 1 screened porch and 1 get acquainted room. Cat holdings would have 54 stray kennels, 18 quarantine kennels and 9 sick/isolation kennels. Dog habitats would have 36 individual kennels, 1 display room, and 4 get acquainted rooms. Dog holding would have 49 stray kennels, 15 quarantine kennels, and 15 sick/isolation kennels. Bryan Langley, Chief Executive Officer, presented FY 2010-11 Debt Issuance Plans. The FY 2010-11 adopted budget anticipated the issuance of $12 million in bonds for General Government purposes. An additional $9 million in Certificates of Obligation were planned to be sold in FY 2013-14 in order to provide matching funds for the Bonnie Brae and Mayhill Road projects. He stated that all planned bond sales beyond FY 2010-11 were contingent upon favorable economic factors. Animal Shelter funding needs were discussed. Constriction costs were originally estimated between $8 and $9.3 million. Cost sharing between DASF and the city was not specified in the August 2007 agreement. The City had already spent $1 million for land acquisition and the DASF now anticipated raising $2 million in donations for the constriction of the facility. Using revised plans, the total constriction costs were now estimated to be $4 million to $5 million. Annual operating costs were also expected to increase by $166,000 due to additional staffing needs. These additional costs were not included in the five year financial forecast for the General Fund. As the constriction of the animal shelter was not anticipated in the five year financial plan, and to avoid a tax increase, the following potential CIP funding options were developed. (1) Delay the issuance of debt related to the animal shelter until the next bond program can be approved by voters in approximately 2015-16. (2) Delay the issuance of the remaining $6.2 million 2005 voter approved General Obligation bonds. (3) Delay or eliminate the proposed issuance of Certificates of Obligation for vehicle replacement or facility improvements. (4) Delay or eliminate issuance of debt for the Public Safety Training Facility. (5) Delay and/or reduce the size of future voter authorized bond program. (6) Partially fund the animal shelter improvements from alternative source of funds such as the non-airport gas well funds. (7) Other options could include a tax increase equivalent to x cents. City of Denton City Council Minutes November 2, 2010 Page 3 Mayor Burroughs asked if Option 4 would lose some funding from grants already received. Langley stated that it was possible that those funds would be lost but the City could ask to have them reprogrammed. Council Member Watts asked how much money was in the budget for the firing range. Langley stated there was $400,000 for that facility. Langley continued that the Non-Airport Gas Well Fund was expected to end FY 2009-10 with $2 million in the unrestricted fund balance. He reviewed the expenditures proposed for the funds. Staff recommendations included (1) if deemed necessary by the Council, staff recommended that the Animal Shelter improvements (approximately $2.4- $3.1 million) be funded from a combination of certificate of obligation issuances and the use of Non-Airport Gas Well Funds, (2) $1.6 million in Non-Airport Gas Well Funds were available, (3) $2 million in additional certificates of obligation could be issued in FY 2010-11 provided that the issuance of remaining certificates of obligation for the public safety training facility funds were delayed until 2013-14 (approximately $9.1 million) and the next future voter approved bond program was delayed until FY 2016-17. Langley stated that one reason for requesting a decision now was that the city was planning to issue debt and they needed to know the capacity to issue debt. Council Member Gregory questioned if half of the $ 1.6 million of Non-Airport Gas Well Funds could be used. Langley stated that another "and" clause would have to be added to the recommendation. Council Member Engelbrecht stated that he would be comfortable delaying some of the $4 million for vehicles and facilities and to the extent the need to save the grants for the training facility. He was comfortable delaying vehicle purchases as much as was possible. Mayor Burroughs noted that he would be in favor of using $600,000 in Non-Airport Gas Well Funds and pro rata certificates of obligation to make up the difference. Mayor Pro Tem Kamp did not understand the reluctance to use the Non-Airport Gas Well Funds as this project was one that it was designed for. Langley stated that if council wanted to preserve the funds in that account, he would suggest not spending them and and issue less debt. It would be too complicated trying to pay those funds back. It would be easier to just issueless debt. Council discussed the pros and cons of using the Non-Airport Gas Well funds; the possibility of using those funds and paying them back in the future; the design process of the facility and bidding alternatives for the facility; what would be the correct funding mechanism; and the fund raising plans by the DASF. City of Denton City Council Minutes November 2, 2010 Page 4 Council Member Watts felt that the easiest funding mechanism was to issue $3 million and move the Public Training Facility out a year. The Foundation needed a commitment from the city about moving forward in 2012. If the Foundation did not have enough funds, issue the debt at $3 million and go from there. Mayor Burroughs stated he would like to first see if the Non-Airport Gas Well Fund could be reimbursed if the funds were used. Mayor Pro Tem Kamp stated that the Foundation was raising money for the project but it would be the city's money. The Foundation did not want to run the shelter. It would be a city facility. Fletcher stated that the Foundation would have to turn their money over to the city when the process was started. Mayor Pro Tem Kamp stated that the Foundation was almost half way to reaching its goal which was the reason for needing to know the city's portion of funding for grant applications. Council Member Gregory stated that he had no reluctance to use part or most of the funds for the animal shelter from the Non-Airport Gas Well Funds. Mayor Burroughs stated that he hated to use those funds down because there was no way to make them back up. An option to restore the Non-Airport Gas Well Fund would be a good option. Council Member Watts felt that if the City was going to do this, it needed to be done as right as possible. It was time for the Council to set some priorities. He felt the City was stretched to the maximum with debt. He suggested finding as much debt as possible together with the $2 million from the Foundation. He was not in favor of using the Non-Airport Gas Well Funds as an issue might come up where debt could not be issued and those funds would be needed. Betty Sherman, Denton Animal Shelter Foundation, thanked the Council for support in building a new shelter. Now was a good time as the Foundation had great momentum for their fundraising. Mayor Pro Tem Kamp stated that the DASF was in the midst of a capital campaign. The Board would like to propose a time line to select an architect and proceed with the process. Starting in January would allow the Board to set a kick off date when applying for funding. City Manager Campbell stated that the City could make a commitment up to $3 million and when it reached the point to issue debt, Council could decide at that point what could be issued without a tax increase. The City could commit up to $3 million if that was what it would take. 3. Receive a report, hold a discussion and give staff direction concerning proposals received for RFP 4576 - Legislative Consulting Services, to assist the City of Denton in advancing its State Legislative Program, assist council and staff in addressing proposed legislation, and make the City aware of any legislative or administrative initiatives believed to be detrimental to the interests of the City. City of Denton City Council Minutes November 2, 2010 Page 5 John Cabrales, Public Information, Intergovernmental Relations Office, stated the City had three consultants during the 81st session and two consultants during the interim session. A request for proposal was sent out in September 2010 for representing either General Government, DME or both. Seven proposal were submitted, two for General government only, one for DME only and four for both. A set of evaluation and selection criteria were used to evaluate the proposals. Following the rankings, staff recommended Focused Advocacy for DME and General Government issues and Solutions for Local Control for a narrow set of critical General Government issues. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards There were no proclamations/awards for this meeting. 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1. Donna Woodfork regarding public access. Ms. Woodfork was not present at the meeting. 4. CONSENT AGENDA Mayor Burroughs announced that Item V would not be considered. Council Member Gregory motioned, Council Member King seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item V. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Resolution No. R2010-039 A. Consider approval of a resolution revising Administrative Policy No. 403.07 "Debt Service Management" and providing for an effective date. The Audit/Finance Committee recommends approval (3-0). City of Denton City Council Minutes November 2, 2010 Page 6 Resolution No. R2010-040 B. Consider approval of a resolution reviewing and adopting revisions to the Investment Policy regarding funds for the City of Denton; and providing an effective date. The Audit/Finance Committee recommends approval (3-0). Ordinance No. 2010-273 C. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Air Fair, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($10,234) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2010-274 D. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Chamber of Commerce (Convention and Visitor Bureau) for the payment and use of hotel tax revenue; and providing an effective date. ($650,076) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2010-275 E. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Community Theatre, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($23,003) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2010-276 F. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Agreement between the City of Denton and Denton County for the payment and use of hotel tax revenue in support of the Courthouse-on-the-Square, the Bayless-Selby House, African American, Old No. 14 Fire House, Elm Ridge Church, Welcome Center and Outhouse Museums; and providing an effective date. ($98,039) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2010-277 G. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Festival Foundation for the payment and use of hotel tax revenue; and providing an effective date. ($82,811) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2010-278 H. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Holiday Festival Association, Inc. for the payment and use of hotel tax revenue; and provide an effective date. ($7,638) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2010-279 L Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Central Business District Association of Denton, Texas, City of Denton City Council Minutes November 2, 2010 Page 7 d/b/a Denton Main Street Association for the payment and use of hotel tax revenue; and providing an effective date. ($23,003) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2010-280 J. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue to promote tourism and the convention and hotel industry; and providing an effective date. ($117,776) The Hotel Occupancy Tax Committee recommends approval Ordinance No. 2010-281 K. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Denton Dog Days, Inc. for the payment and use of hotel tax revenue, and providing an effective date. ($14,586) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2010-282 L. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the North Texas State Fair Association for the payment and use of hotel tax revenue; and providing an effective date. ($73,610) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2010-283 M. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Tejas Storytelling Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($50,607) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2010-284 N. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Black Chamber of Commerce for the payment and use of hotel tax revenue; and providing an effective date. ($16,572) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2010-285 0. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Music Theatre of Denton for the payment and use of hotel tax revenue; and providing an effective date. ($5,000) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2010-286 P. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Texas Filmmakers Corporation for the payment and use of hotel tax revenue; and providing an effective date. ($5,000) The Hotel Occupancy Tax Committee recommends approval (3-0). City of Denton City Council Minutes November 2, 2010 Page 8 Ordinance No. 2010-287 Q. Consider approval of revisions to an ordinance of the City of Denton, Texas amending Section 22-32 of the Code of Ordinances of the City of Denton relating to the use of tobacco products on City of Denton playgrounds; providing a severability clause, a penalty clause and an effective date. The Parks, Recreation and Beautification Board recommend approval (5-1). Resolution No. R2010-041 R. Consider approval of a resolution allowing the Denton Community Theatre to be the sole participant allowed to sell alcoholic beverages at the Beaujolais on November 18, 2010, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Ordinance No. 2010-288 S. Consider adoption of an ordinance of the City Council of the City of Denton, Texas approving an Interlocal Cooperative Agreement between the University of North Texas and the City of Denton to provide for the operation of the City's public access cable television channel; and providing for an effective date. Ordinance No. 2010-289 T. Consider adoption of an ordinance accepting competitive sealed proposals and awarding a contract for the constriction of a new operations building for Denton Municipal Electric (DME); providing for the expenditure of funds therefor and providing an effective date (RFSCP 4523-Best Value for a New Operations Building for DME awarded to Crossland Constriction Company, Inc. in an amount not to exceed $2,117,000). The Public Utilities Board recommends approval (6-0). Ordinance No. 2010-290 U. Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Seven to the contract between the City of Denton and Corbet Group, Inc.; providing for the expenditure of funds therefor; and providing an effective date (Bid 4444- Downtown Denton Transit Center Change Order Number Seven in the amount of $44,822.79 for a total contract award of $2,002,796.75). THIS ITEM WAS NOT CONSIDERED V. Consider adoption of an ordinance accepting a proposal for consulting services with JMB Consulting to oversee Denton Municipal Electric (DME) and the City of Denton compliance activities with Texas Regional Entity (TRE) and North American Electric Reliability Corporation (NERC) for an amount not to exceed $32,000 per quarter for a two year total of $256,000; and providing an effective date (This purchase falls under DME specialized procurement policy in accordance with Ordinance 2009-189). (The Public Utilities Board approved this item by a vote of (6-0). Ordinance No. 2010-291 W. Consider adoption of an ordinance approving and authorizing the City Manager of the City of Denton, Texas to execute and deliver a Third Amendment to Master Lease Agreement, City of Denton City Council Minutes November 2, 2010 Page 9 by and between the City of Denton, as lessor and the Denton County Transportation Authority ("DCTA"), as lessee, amending that certain Master Lease Agreement, dated on or about September 30, 2005, by and between the City of Denton, Texas, as lessor and the DCTA, as lessee, pertaining to certain leased premises located in the G. Walker survey, abstract number 1330, Denton County, Texas, as more particularly described in such master lease agreement; and providing an effective date. Approved the minutes listed below. X. Consider approval of the minutes of: October 4, 2010 October 5, 2010 October 12, 2010 October 19, 2010 5. ITEMS FOR INDIVIDUAL CONSIDERATION Resolution No. R2010-042 A. Consider approval of a resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date. Bryan Langley, Chief Financial Officer, stated that the Appraisal Review Board was responsible for reviewing protested appraisals. Members served two year staggered terms. There were eight members whose terms would expire with three members not eligible to be reappointed. One member no longer wished to continue to serve. He indicated that Council could reappoint the five members who had additional time to serve. The members were selected by the Board of Directors. Mayor Burroughs asked if there were any objections to re-nominating the five members who were eligible to serve again. Mayor Pro Tem Kamp motioned, Council Member King seconded to re-nominate the five current eligible members. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. 6. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance regarding a Comprehensive Plan Amendment from the future land use designation of Existing Land Use to Community Mixed Use Centers on approximately 1.22 acres of land. The subject property is located approximately 375 feet south of the intersection of Teasley Lane (F.M. 2181) and Lillian Miller Parkway, on the west side of Teasley Lane (F.M. 2181). (CA10-0001) The Planning and Zoning Commission recommends denial (6-0. Mayor Burroughs stated that this item had been pulled at the request of the applicant and would not be considered. He stated that it would be reposted and re-advertized when it was going to be considered again. City of Denton City Council Minutes November 2, 2010 Page 10 7. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Watts requested a follow-up meeting of the Property Maintenance Code Committee and the need to appoint another member as Mr. Mulroy was no longer on that committee. He suggested a joint meeting with Council Property Maintenance Code Committee. Council Member Heggins stated that she had been receiving calls about lights at Mack Park. Council Member Gregory recognized Scout Troop 65 which had attended the meeting. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 7:10 p.m. MARK A. BURROUGHS JENNIFER WALTERS MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES November 9, 2010 After determining that a quorum was present, the City Council convened in a 2" d Tuesday Session on Tuesday, November 9, 2010 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member King, Council Member Heggins, Council Member Gregory, Council Member Engelbrecht, Mayor Burroughs, Council Member Watts, and Mayor Pro Tem Kamp. ABSENT: None. 1. Receive a report, hold a discussion and give staff direction regarding co-sponsorship for special events. Emerson Vorel, Director of Parks and Recreation, stated that staff was seeking direction on a process to determine what events would receive co-sponsorship from the City and at what level. Not included in this discussion would be department athletic leagues by the Parks Department, the Midnight Basketball event, and similar events. The discussion would apply to Denton-based non-profit organizations asking to use city resources to offset some or their entire event. Currently the City did not have a policy in place for co-sponsorship or a procedure for Council to review those events. Staff had researched how other cities handled this process. Option 1 would be to not sponsor events which seemed not to be the direction Council wanted to go. Option 2 would be to establish a special events fund and an annual application process. Council would determine the total allocation for the year and a standard application to determine funding for events. Approximately $250,000 would be needed to cover events currently being co-sponsored. Option 3, if no special events fund was established, would be to use the same application and review process to authorize departments to participate in events and to identify a specific level of participation. That would provide a formal standard review of an event and keep track of costs. Option 4 was to leave the process as it currently was and address each co-sponsorship request on a case by case basis. He listed the nine largest events co-sponsored by the City. The objective was to have council provide direction on how to proceed. City Manager Campbell stated that the nine events listed were not the only events co-sponsored by the City. Vorel replied correct that there were many more that were co-sponsored. City Manager Campbell stated a policy recommendation would have to include the type of policy, a discussion on which events to include, what amount to provide, when and how contributions would be paid whether before or after event, etc. Mayor Burroughs suggested establishing an evaluation spread sheet that would list the departments involved, what departmental resources were used, what was contributed by topics so there would be areas of commitment listed and then determined whether to allocate by dollar amount. There would be a template to plug in any future requests as events came. Vorel stated that a very small portion of the co-sponsorship involved supplies. The largest category was labor whether from the Police Department or Parks; and the other large request was for relief from park building rental fees. City of Denton City Council Minutes November 9, 2010 Page 2 Mayor Burroughs assumed that each department kept track of the resources it used. Vorel replied correct. Bryan Langley, Chief Financial Officer, stated that there was a summary of everything done in the city and a detail of each department's resources used. Mayor Burroughs asked if the host organization received that information. Vorel replied they did not. Mayor Burroughs felt it might be helpful to give them that information so that people knew how much the city did for citizens. Council Member Gregory stated that he would like the more detailed information. He questioned how big a task it would be to put it in a separate category and consider at budget time City Manager Campbell stated that the problem was not planning for at budget time, it was the events as they came up during the year. There was no formal process of how much the city would provide and it was not planned. There was no consistent decision making and the process would be easier and more consistent with formal criteria for the organizations to meet in order to receive sponsorship. Staff could develop criteria and riles to discuss during the budget process. There was a need to be consistent for all events. Mayor Pro Tem Kamp felt that there was a need for a policy and guidelines. Fire and Police were already being charged to the events but maybe not to all departments. Council Member Heggins questioned what would happen if an event did not want to pay for police services. She knew of some events where police services were not needed. City Manager Campbell stated that would be part of the criteria for an event due to the number of people attending, whether an ambulance was needed, etc. Council Member Watts stated that there currently were some events with outstanding invoices. He felt part of the criteria should be a Denton based event. He wanted to avoid situations where decisions were being made after the event. It was important in the process to establish an amount, whether hard dollars or lost revenue, as the funding was important. Some events were already funded with HOT funds. He would consider Option 2 as the City was already doing part of that option. Council Member King stated that he liked Option 3 as it let events build momentum before asking for help. Council Member Engelbrecht stated that there had been no discussion about establishing goals, what the organization was trying to accomplish with its event. He suggested first establishing goals and have a weighted system in the application process which would help with the evaluation. Another issue was new events versus on-going events. Some new events brought in City of Denton City Council Minutes November 9, 2010 Page 3 many people to town so it would be important to not dismiss new events. He questioned if there were times when donations of time were asked for during events. Roy Minter, Police Chief, stated that one event asked for donations of officer's time. Sometimes they received responses from the officers and sometimes they did not. It depended on how large the event was and how much it would take from the off-duty officer's time. That information could be used to help assess an event. Mayor Burroughs suggested staff develop a process and criteria for goals. City Manager Campbell stated that a goal to include might be that the intent was to help the event start up and build up and perhaps have a time limit on providing the support. Sustainability should be a part of the funding. 2. Receive a report, hold a discussion, and give staff direction regarding projects and position statements to be included in Denton's congressional priority project requests for the 112th Congress. John Cabrales, Public Information/Intergovernmental Relations Officer, stated that staff was asking for feedback on the congressional priority projects requests. Since 2003, Denton had submitted priority project requests to the city's congressional delegation for discretionary funding based on the needs of the community and the appropriateness for federal funds. Recommended projects for the next Congress included (1) Airport operating safety enhancements, (2) Airport parallel runway constriction, (3) Downtown development improvements, and (4) DME/AMI Smart grid project. Airport operating safety enhancements included more ramp space and associated lighting. The Airport parallel runway fit in with the long term plan for airport. In addition to an extension of the existing runway, the request would include an environmental assessment, engineering design and constriction. The Downtown development improvement included the Hickory Street Corridor to make a more walkable and pedestrian friendly area. The project included street work, sidewalk enhancements, engineering and surveying. Mayor Burroughs asked about the timing to find out about the $500,000 for Downtown and when the City expected to receive notification. Cabrales stated that it should be before the end of the year. He would receive more information next week from the City's congressional consultants. The Smart grid project involved in-home displays, and mesh-based thermostats. Other core local government programs that might not receive funding included the Energy Efficiency and Conservation Block Grant, Community Development Block Grant, the HOME program, local law enforcement grants, firefighter assistance grants and metropolitan medical response systems. Statements were in place noting the city's desire to continue funding for these core projects. With surface transportation issues, bicycle accommodations would be a priority for the proposed SAFETEA-LU program. Another project would be the I35-E expansion project funding. City of Denton City Council Minutes November 9, 2010 Page 4 Council Member Watts questioned an issue regarding freight rail such as coal transportation. Right now TMPA had to use one rail and there may be some proposed legislation for this type of issue. Cabrales continued with telecommunications in terms of general communications laws and policy for rights-of-way management, fees and revenues, zoning authority, and PEG channels. Public safety communications would also be included. Mayor Burroughs suggested indicating how much funding the city was providing for the projects as some projects the city might be asking for only $1 million when the total project was $9 million. Cabrales stated that the City always asked for an 80/20 match but the figures could be put somewhere in the documents. Council Member Engelbrecht felt it would be helpful to show that the city had the funding for the city's 20% Cabrales stated that it would certainly help with the city's position. 3. Receive a report, hold a discussion and give staff direction regarding the 2011 State Legislative Program of the City of Denton, for the 82nd Texas Legislature. John Cabrales, Public Information/Intergovernmental Relations Officer, stated that the 82nd legislature would be dealing with such issues as the critical state budget deficit, sunset review of key agencies and redistricting. The City's general legislative policy statement included a statement of preservation, a statement of support, the formation of coalitions and a statement of goals. Denton's highest legislative priorities included preserving local budgeting authority and revenue sources; preserving local control of land use planning and zoning; and funding authorization for the 1315-E project. Revenue and taxation would be looked at in terms of mandatory real estate price disclosure, sales tax holiday expansions, textbook sales tax holiday and municipal impact fees. Land use and resources would deal with municipal authority in the ETJ, relocation of utility lines in a timely manner, special district creation in the ETJ, annexation authority, development fees, exactions and permits. Utility issues would look at preserving Congestion Revenue Rights and preserving self-regulation of municipal electric utilities. Transportation issues would center on Fund Six diversions, gas tax index, regional mobility authority and DCTA support. Public Safety would deal with full reimbursement of costs during emergency evaluation and shelter operations and red light cameras. General Government would center on environmental standards, collective bargaining, community housing development organizations, and support for UNT/TWU/DISD. Council Member Watts asked if this was the list of items that the legislative consultants were going to advocate for or against. Cabrales stated that they were key issues to have on radar and was not the total list. City of Denton City Council Minutes November 9, 2010 Page 5 4. Receive a report, hold a discussion and give staff direction regarding the Airport Business Plan. Quentin Hix, Airport Manager, reviewed the Airport Business Plan Development history. Major business plan edits included (1) enterprise fund operation implemented with the 2010-2011 airport budget, (2) modified reference to airport governance stricture, (3) updated Airport organization chart, and (4) modified baseline financial pro forma. Issues pending council action included (1) specific Airport revenue generating development projects and (2) reversion clause implementation terms and conditions. Mayor Burroughs noted that other cities had a reversionary clause in their leases but Denton has had them for a long time. The real issue was at the end of the lease and whether or not the clause actually made the reversion or just extended the lease. Hix stated that part of the agenda backup materials contained a spreadsheet of the survey asking that question. Staff found ones that did revert and assumed the property at the end of the lease and also some that did not revert plus others that assumed ownership of the improvement of the property. It was not a well defined process for assuming ownership on the property. Council Member King questioned if the city with the harshest language found it detrimental to that city. Hix replied that the Council would be presented with that situation in the next three months. At that time, a lease would be expiring and the reversion clause would be applicable. Mayor Burroughs stated that E4 on the Executive Summary spoke of "surface" gas leases. Hix stated that each gas well had a separate surface lease with Range Resources which was the actual well site. Council Member Gregory asked if the pro forma on page 36 reflected that statement to include the surface leases. Hix stated that it was a separate line item. Mayor Burroughs stated that E5 in the Executive Summary noted priority listings and asked how much emphasis was placed on which priority. Hix stated that the priorities would be established more as a budget impact. Council Member Gregory asked for more details on the reversionary clause and the impact on the city if it took ownership. He questioned what kind of impact would there be with the city taking ownership and what would be the impact on the DISD. Mayor Burroughs stated that if the hanger was leased out to "profit" entities, it would be taxed. City of Denton City Council Minutes November 9, 2010 Page 6 Mayor Pro Tem Kamp questioned what would happen to the Airport Advisory Board when the change was made to the Enterprise fund. She questioned if there were suggestions on how to move to a governance board and what it would look like. Council Member Gregory asked how rates would be set if there was no rate setting board. Hix stated that the Master Plan assumed that it would be a staff function. When a rate schedule was adjusted, it would go back to Council. Council Member Gregory suggested stating that it was a staff function in the plan. Council Member Watts stated that the business plan, assumed or presumed staff set the rates and should be specifically stated in the plan as it was important to list who set the rates. The business plan had many recommendations for alternative sources of funding. He questioned if the development of hangers was part of that or were other alternative sources build into the plan. Hix stated that it did not consider those alternatives. Council Member Watts questioned the rise and drop in the maintenance and repair line item. Hix stated that there was a specific spreadsheet for specific maintenance items which caused the spikes and declines in the projections. Council had discussions on specific line items in the pro forma. Council Member Engelbrecht requested information on what other airports were doing with enterprise funds. Mayor Pro Tem Kamp stated that the scope of that search might have to be narrowed or there would be too much difference in information City Manager Campbell stated that staff would identify options and alternatives for the different types of funding. Following the completion of the 2" d Tuesday session, the Council convened into a Closed Session to discuss the following: 1. Closed Meeting: A. Deliberations Regarding Real Property - Under Texas Government Code Section 551.072 and Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. Receive a report, hold a discussion and give staff direction regarding the value of real property located on the Denton Municipal Airport, specifically the area northeast of the Airport Terminal parking lot and the lease of said real property to NE Development and Constriction for the constriction and operation of a restaurant where deliberation in an open meeting would have City of Denton City Council Minutes November 9, 2010 Page 7 a detrimental effect on the position of the City of Denton in negotiations with a third person. This discussion shall include commercial or financial information the City Council has received from company which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the city council is conducting economic development negotiations; including the offer of financial or other incentives. With no further business, the meeting was adjourned. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS MINUTES CITY OF DENTON CITY COUNCIL November 15, 2010 After determining that a quorum was present, the City Council convened in Work Session on Monday, November 15, 2010 at 12:00 p.m. in the City Council Work Session Room. PRESENT: Council Member King, Council Member Heggins, Council Member Gregory, Council Member Engelbrecht, Mayor Burroughs, and Council Member Watts. ABSENT: Mayor Pro Tem Kamp 1. Receive a report and hold a discussion regarding a Report on the 111th Congress, 2" d Session and Outlook for 112th Congress, to include Budget and Tax Issues, Transportation, Federal Preemption and Mandates, Telecommunications, Environment, Redistricting, and other topics impacting local government. Barbara McCall and Ralph Garboushian, Capital Edge, presented a federal legislative update. Topics of discussion centered on the Lame Duck Session and beyond, transportation reauthorization, federal preemption/mandates, telecommunications and outlook for other legislation. Lame Duck and Beyond discussions dealt with FY 2011 appropriations, tax "extenders" and FY 2012 and deficit reduction. The Lame Duck session was starting and a major focus would be electing the leadership. An issue of concern was whether or not there would be earmarks in 2012. There currently was a debate in the House and Senate on whether to keep them or not. McCall suggested that the city proceed as though there would be earmarks so the City's projects would be ready to submit should the need arise. Council also discussed tax deduction propositions and extenders bills. Transportation Reauthorization centered on surface transportation and aviation. McCall detailed a national infrastructure fund that was being considered. Federal Preemption/Mandates centered on Hotel Occupancy Tax, Public Safety Employer- Employee Cooperation Act and chemical security. An issue with the Hotel Occupancy Tax centered on on-line organizations and associated sales tax; and the preemption of local governments to override and put in taxes. Telecommunications discussions centered on recent FCC actions and the comprehensive legislation in the 112th Congress. An outlook for other legislation centered on energy/climate change and the environment. Council discussed redistricting and how it would affect Denton. With no further business, the meeting was adjourned at 1:40 p.m. MARK A. BURROUGHS JENNIFER WALTERS MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES November 16, 2010 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, November 16, 2010 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, and Mayor Burroughs. ABSENT: Council Member Heggins. WORK SESSION 1. Citizen Comments on Consent Agenda Items Carolyn Phillips spoke on Item 3A. William Scoefield spoke on Item 3D. Linnie McAdams spoke on Item 3M. Don Smith spoke on Item 3D. 2. Requests for clarification of agenda items listed on the agenda for November 16, 2010. Council Member King stated that the Airport Master Plan that the Council was considering this evening was a long range plan. He asked for a brief explanation on the governance portion of the plan. Bryan Langley, Chief Financial Officer, stated that there were still some outstanding issues concerning the type of governance stricture. Staff would be coming back with more information at the December 7th meeting on options to consider. Council Member King asked about citizen input regarding the proposed plan. Langley stated that it had been discussed a number of times; approximately seven times with the Airport Advisory Board and twice with the Council. Those were all public meetings which the public had the opportunity to attend. Any item that might need to be changed in the plan in the future could be done by bringing it back to Council for consideration. Council Member King asked what would happen if the final predictions as listed in plan were not met. Langley stated that adjustments would have to be made as the plan moved forward. Mayor Burroughs stated that the city would stand behind the enterprise concept even if it did not make a budget year. Langley stated that it would be a self supporting fund as part of the city budget. If in the long term it was not breaking even or making a profit, the fund would have to be adjusted or subsidized. City of Denton City Council Minutes November 16, 2010 Page 2 City Manager Campbell stated that the fund would not be any different than the solid waste fund. Adjustments would have to be made similar to other enterprise funds. Mayor Pro Tem Kamp asked for an explanation of Consent Agenda Item M dealing with the peg subscriber fees. Billy Matthews, Cable Television Supervisor, stated that this was a one time opportunity to change the amount of the peg fee due to the expiration of the local franchise. The options were to keep the fee as it currently was at $.50 per subscriber or move it to 1% of the cable subscriber's gross bill. An average bill was about $80 dollars so the fee would be $.80 Council Member Watts stated that because of a change in the law, the city had the opportunity to change the amount of the fee. He questioned if an adjustment could be made in the future. Matthews stated that this was a one time opportunity that had to be made before December 31 st. Council Member Watts stated that one reason for choosing the Mayborn School was the cost effectiveness and the fact that not all of the PEG fees now collected would be utilized. He questioned if there was a need for the additional revenue and if so, what it would be used for. Matthews stated that grants could be provided to other PEG channels and would provide flexibility to help those channels. The current amount of fees would not present a lot to share. City Manager Campbell stated that the other issue was the life span of the City's current equipment. Over time, that equipment would need to be replaced and the increased fee would provide funding for that. Mayor Burroughs felt that inflation eroded value when using a flat rate. It provided less and less buying over time and if the fee were not increased, there would be no flexibility. The change in the fee would allow for the use of some of the PEG funds for equipment upgrades plus allow flexibility to extend public access programming elsewhere and programming at other places. Mayor Burroughs asked about provisions in Consent Agenda A. He questioned if a user was reclassified over time to a rating that required a deposit, what would be the time frame to pay the deposit. Ethan Cox, Customer Service Manager, stated that the deposit would be billed with the utility invoice. A separate notification could be sent that would indicate that a deposit requirement was coming. The fee could also be deferred over a three month period. Mayor Burroughs asked about the Plus One program and the ability to generate increased participation in that program. He knew of some programs that rounded up to the next dollar or had an opt out program with all customers in the program unless they opted out. Cox stated that staff had prior discussions with Interfaith Ministries but would be open to a re- evaluation of the program. He noted that some other organizations put late fees directly into the charitable organizations. City of Denton City Council Minutes November 16, 2010 Page 3 Mayor Burroughs suggested staff developing alternatives such as a reverse opt out for Plus One in anticipation that demand might increase. He asked that staff be sure that Plus One funds could be used for a deposit. Council Member Engelbrecht asked what the time period was to move from a lower category to a higher category. Cox stated that it was a rolling 12 month period. The most recent credit event was where the time was set. Council Member Engelbrecht recommended monitoring the system during the year to see how it was working. 3. Receive a report, hold a discussion and give staff direction regarding the creation of a Tax Increment Reinvestment Zone for Downtown. Linda Ratliff, Director of Economic Development, stated that TIF district boundary lines originally were described as the same lines as the Downtown Implementation Plan lines. The boundaries were actually larger than the DTIP boundaries. The reason for the larger boundary was due to the need for a property description for the TIF. The property description was much easier to understand when it followed roadways than to identify specific property. Provisions of the TIF included (1) the size of the TIF would be 225 acres, (2) it would reflect the 2010 valuation/tax rate, (3) there would be no increase in the tax rate over the life of the TIF, (4) there would be a 2% increase in valuation each year, and (5) there would be no participation by the DISD and the County. All of the assumptions were the same as well as the final report. Proposed projects were categorized by parking, complete streets, drainage/utilities, and economic development projects. The parking category could be moved around before finalizing the plan. The Downtown Task Force supported the TIF. The Economic Development Partnership Board recommended approval for the following reasons: (1) redevelopment of the downtown was important to the city's economic development allies, (2) the Board supported the recommendations of the Downtown Master Plan, TIP Strategies Economic Development Plan, RTKL redevelopment study, and the Downtown Implementation Plan, all of which recommended the creation of the TIF, (3) creation of the TIF would demonstrate continuity over its 30-year period through the fiscal commitment of the City, (4) Downtown involved redevelopment which was more difficult than Greenfield development, and (5) Transportation Reinvestment Zone legislation was being proposed that might allow other entities to capture property tax revenue from areas surrounding passenger rail. Council had recommended a seven member TIF board. The Economic Development Partnership Board recommended Council consider a similar stricture as that of the EDP Board with defined areas of qualifications such as Council members, property owners, residents, or business operators from within the TIF District, and individuals with historic preservation experience. A sample board might consist of 2 council members, 1 business owner/representative within the TIF District, 1 Chamber of Commerce Board member, 1 property owner within the District, 1 Historic Preservation representative and 1 resident of the District. Next steps in the process included a public hearing on December 7th with the ordinance to include the make-up of the City of Denton City Council Minutes November 16, 2010 Page 4 board stricture. The Board would then develop the final projects and finance plans and present them to Council for approval. Mayor Pro Tem Kamp asked how the project categories could be more flexible. Ratliff noted that the parking category had the largest amount of money as that category would be the most expensive. The proposal was for 3 garages with 300 parking spaces each. Council could choose to put enough money in that category for only 2 parking garages spread the difference in the amount to the other categories. Mayor Pro Tem Kamp asked if other categories could be added at a later date. Ratliff stated that the categories had be to set when the ordinance was approved but the current proposed category of economic development projects would cover most anything Council Member Gregory asked if the land for the parking garages was included in the costs. Ratliff stated that it did not include the land and that the facilities would be a stricture, not a parking lot. Council Member Gregory asked if there were limits on the amounts or a percentage for changes. Ratliff stated that the wording of the law indicated that there could not be a substantive change in the amounts. Council Member Gregory stated that he liked the idea of moving some funding from parking and adding it to economic development projects and complete streets. Council Member Engelbrecht questioned if there could be just one category for projects. Ratliff stated that typically the TIF was more structured than just one category but she would research if that could be done. City Manager Campbell stated that staff could think of alternative ways to do the funding categories for consideration when Council considered the ordinance. Mayor Pro Tem Kamp stated that she liked the suggestion of seven members to the board and to stricture it after the EDP Board. Council discussed various options for members on the board and the method for appointing the members. Staff was directed to bring back suggestions for the makeup of the board and the method for appointment. 4. Receive a report and hold a discussion on the status of the 2005 Capital Improvement Program. City of Denton City Council Minutes November 16, 2010 Page 5 Jim Coulter, General Manager-Water/Wastewater, presented an update on 2005 General Obligation bond program. The original bond program was broken out into three categories of public building improvements, park system improvements and transportation improvements. Public Improvements in the amount of $4 million included the South Branch Library expansion and the Senior Center. Transportation Improvements in the amount of $27.7 million involved a number of street projects. He reviewed the projects along with the recommended changes by the Citizen Oversight Committee. The Park System improvements included $4 million. Some of the projects in this category included the purchase of a 200 acre southwest park, property purchased at North Lakes Park to accommodate new adult soccer fields and improvements to various other parks throughout the city. Council Member Engelbrecht asked about the Bonnie Brae project. Coulter stated that the original project was only one block while the proposed project was many blocks. He indicated that Bonnie Brae was not part of project with the matching funds. Council Member Watts asked about how the estimate was made for the Western Blvd. project. Coulter stated that the allocation was estimated in 2003 but Hurricane Katrina caused constriction amounts to rise considerably plus there were changes in the specifications of the proj ect. Council Member Heggins joined the meeting. Following the completion of the Work Session, the Council convened in a Closed Meeting to discuss the following: 1. Closed Meeting: A. Consultation with Attorney -Under Texas Government Code Section 551.071. 1. Discuss legal strategies and alternatives regarding potential litigation or settlement, concerning street failures in a portion of the Wind River subdivisions. B. Deliberations Regarding Security Devices or Security Audits - Under Texas Government Code Section 551.076. 1. Discuss and deliberate the deployment of security devices or security personnel, including the conduct of security audits or the consideration of specific occasions for the deployment of security devices or personnel in, around, or involving City of Denton facilities or personnel. City of Denton City Council Minutes November 16, 2010 Page 6 Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS There were no proclamation/awards for this meeting. 3. CONSENT AGENDA Council Member Watts motioned, Council Member Heggins seconded to approve the Consent Agenda and accompanying ordinance and resolutions. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2010-292 A. Consider adoption of an ordinance of the City of Denton, Texas amending the City's utility credit and collection policies that are contained in the Denton Code of Ordinances, Chapter 26, "Utilities," Sections 26-3, 26-4, 26-5, 26-6, 26-8 and 26-9; providing an open meetings clause; providing a cumulative clause; providing a repealer; providing a severability clause; providing an effective date. The Public Utilities Board recommends approval (5-0). Ordinance No. 2010-293 B. Consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance No. 2009-236 prescribing the number of positions in each classification of Police Officer; prescribing the number of positions in each classification of Fire Fighter; providing a savings clause; providing a severability clause; and declaring an effective date. Resolution No. R2010-043 C. Consider approval of a resolution of the City Council of the City of Denton, Texas (City), authorizing the intervention at the Railroad Commission of Texas concerning the filing for an increase in rates by Atmos Pipeline - Texas; requiring Atmos Pipeline to reimburse reasonable rate case expenses; authorizing the retention of counsel and rate consultants; finding that the meeting at which this resolution was approved complied with the open meetings act; making such other findings and other provisions related to the subject. Ordinance No. 2010-294 D. Consider adoption of an ordinance of the City of Denton, Texas adopting the Denton Municipal Airport Business Plan as an official policy document intended to guide future development and financial performance of the Denton Municipal Airport, and providing an effective date. City of Denton City Council Minutes November 16, 2010 Page 7 Ordinance No. 2010-295 E. Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation (TxDOT) relating to a grant for the Routine Airport Maintenance Program (RAMP); authorizing the City Manager to expend funds provided for in the grant program; and declaring an effective date. JxDOT Project No. AM 2011DNTON and TxDOT CSJ No. M118DNTON). The Airport Advisory Board recommends approval (6-0). Resolution No. R2010-044 F. Consider approval of a resolution of the City of Denton, Texas requesting improvements to Interstate 35 East as designed by the Texas Department of Transportation to be fully funded and implemented for the full project length from Interstate 635 in Dallas County to U.S. Highway 380 in Denton County; and providing an effective date. Ordinance No. 2010-296 G. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the Electric Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $11,752,000 to allow Denton Municipal Electric to continue funding ongoing capital expenditures for expansion of the distribution and transmission electric facilities. Ordinance No. 2010-297 H. Consider adoption of an ordinance accepting competitive bids and awarding a two-year contract for tree trimming services for Denton Municipal Electric (DME); providing for the expenditure of funds therefor; and providing an effective date (Bid 4401-Two Year Contract for Tree Trimming Services Section B awarded to the lowest responsible bidder meeting specification, ABC Professional Tree Services, Inc., in the two-year estimated amount of $900,000) Ordinance No. 2010-298 L Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute two professional service agreements to assist the City of Denton in advancing its State Legislative Program, assist Council and staff in addressing proposed legislation, and make the City aware of any legislative or administrative initiatives believed to be detrimental to the interests of the City; authorizing the expenditure of funds therefor; and providing an effective date (RFP 4576-Legislative Consulting Services awarded to Focused Advocacy, LLC not to exceed $132,500 and Solutions for Local Control, LLC in an amount not to exceed $45,000 for a total award not to exceed $177,500 annually). Ordinance No. 2010-299 J. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with Camp Dresser & McKee, Inc. for preparation of a sustainability plan and implementation strategy for the City of Denton; authorizing the expenditure of funds therefor; and providing an effective date (RFP 4536 in an amount not to exceed $169,190). City of Denton City Council Minutes November 16, 2010 Page 8 Ordinance No. 2010-300 K. Consider adoption of an ordinance approving the expenditure of funds for the purchase of software and hardware for the E.J. Ward Automated Fuel Management System to be installed at the Fuel Island and Trick Wash Facility at the City of Denton Landfill available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4610-Purchase of Software/Hardware for Fuel Management System to E.J. Ward, Inc. in the amount of $68,429). Ordinance No. 2010-301 L. Consider adoption of an ordinance waiving the City of Denton allocation of Recovery Zone Bonds; designating Fort Bend County as the designee; and declaring an effective date. Ordinance No. 2010-302 M. Consider adoption of an ordinance of the city of Denton, Texas, establishing the new Public, Education and Government (PEG) subscriber fee rate as one percent of the cable providers' gross revenue; authorizing and directing the City Manager or his designee to execute a letter to all Denton cable providers; and declaring an effective date. 4. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Gregory announced an upcoming Fred Moore Day Nursery brunch. Mayor Pro Tem Kamp invited citizens to the fundraiser at the Civic Center on Thursday for the Campus Theatre. Council Member Engelbrecht congratulated Mike Ellis and Fleet Services for coordinating the trade show at the Texas Motor Speedway. Council Member Engelbrecht requested that the City Manager ensure all parties involved in the remaining portions of the Airport Master Plan were involved in the process. City of Denton City Council Minutes November 16, 2010 Page 9 Council Member Heggins invited the public to a luncheon on Thursday at the King Center sponsored by the American Legion and RSVP. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business the meeting was adjourned at 7:15 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: December 7, 2010 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager to execute the attached agreement to consolidate the Financial Advisory, Arbitrage Rebate, and Continuing Disclosure services agreements between the City of Denton and First Southwest Company; approving the expenditure of funds therefor; and providing an effective date. BACKGROUND The City of Denton currently maintains separate contracts with First Southwest Company (FSW) for financial advisory, continuing disclosure, and arbitrage services. While these services are interrelated, they are performed independently of each other. However, the fact that all these services are performed by FSW ensures that any interrelated matters are immediately known and communicated to each respective area within FSW. For example, the issuance of new debt involves FSW's financial advisory division in the issuance process but it also requires certain disclosure obligations performed by the continuing disclosure division and eventually, the arbitrage division must be made aware of the new issuance to comply with arbitrage requirements in the future. As a result, economies of scale are realized by having a single entity perform all these various functions. The following is a history of the City's current contracts with FSW: 1. The City's current contract with FSW for financial advisory services was executed in 2007. The City Council awarded the contract to FSW after staff solicited proposals through a Request for Proposals (RFP) process. The term of the contract is for an initial two (2) years with automatic one (1) year renewals up to three (3) years. The contract is set to expire on March 26, 2012. 2. Since 2005, the City of Denton has had a contract with FSW for continuing disclosure services for an annual fee of $7,000. The contract was exempt from the competitive bidding requirements because it was below the state law required threshold of $50,000. While the agreement was executed for an initial term of five (5) years with a one (1) year automatic renewal, it must be competitively bid after the seventh year (February 28, 2012) to comply with state law. 3. Since 1993, the City of Denton has had a contract with FSW for arbitrage services. The contract was awarded as a professional services agreement exempt from competitive bidding requirements as allowed by state law. Furthermore, the agreement contains no expiration date and renews annually unless terminated by either party with thirty (30) days notice. Agenda Information Sheet December 7, 2010 Page 2 In an effort to reduce costs and improve our efficiency, the Finance Department approached FSW regarding the possibility of merging our existing contracts for financial advisory, continuing disclosure, and arbitrage services into a single contract. FSW responded affirmatively and presented staff with the following proposal: 1. Lower the City's fee schedule for arbitrage services by approximately 15%. The revised fee schedule (Attachment D) has been attached to the agreement portion of the Ordinance. While future savings will vary depending on the size and number of outstanding bond issues analyzed, staff has provided a comparison of fees using the most recent invoice paid in FY 2009-10 (Exhibit 1). The difference in fees is approximately $7,000. 2. No fee increases for continuing disclosure services even though the Securities and Exchange Commission (SEC) has added a number of new disclosure requirements. The City would in essence receive more services at no additional cost. 3. No fee increases for financial advisory services. FSW did, however, provide the City with a one-time bond issuance savings for financial advisory services related to the City's $39,165,000 GO Refunding Bonds, Series 2010A, which occurred on July 28, 2010. The contracted fee is a base fee of $25,000 plus $1 for every $1,000 of bonds, which would have resulted in a financial advisory fee of $64,165. As both an incentive to merge the three contracts and in recognition that this was the City's third bond sale in 2010, FSW only charged the City its base fee of $25,000 on this bond issuance resulting in a one-time savings of $39,165. This one-time savings was offered after staff approached FSW regarding the need to reduce costs and improve the efficiency of administering these contracts. As a result of the above discussions, staff is recommending that the City of Denton proceed with combining our financial advisory, annual disclosure services, and arbitrage services agreements into a single contract. In discussing the merger of these contracts with FSW, staff informed the company that state law requires at least two of these services to be competitively bid. FSW is agreeable to both the merger and the competitive bid requirements. With that in mind, staff is proposing to competitively bid all three services under a single Request for Proposal at the conclusion of this contract in February 2012. On November 16, 2010, the Audit/Finance Committee directed staff to craft the RFP in a manner that would allow for these services to be awarded jointly or individually. In addition to the cost savings associated with the merger of the above noted contracts, First Southwest Asset Management (FSAM), a division of FSW, also agreed to reduce their annual investment advisory services fees. This will result in a savings of $15,000 from October 1, 2010 to the contract expiration date of May 31, 2012. The savings have been formalized through a contract amendment executed by the City Manager on October 25, 2010. Staff is not proposing to merge this fourth contract since the Public Funds Investment Act of Texas provides for a more stringent contract term. Also, the services provided by FSAM are not directly related to the other three Agenda Information Sheet December 7, 2010 Page 3 services provided by FSW. As directed by the City's Audit/Finance Committee, staff anticipates conducting a Request for Proposals for investment advisory services in early 2012. RECOMMENDATION Staff recommends approval of the proposed contract amendment to the City's contracts with First Southwest Company for financial advisory, continuing disclosure and arbitrage rebate services. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On August 31, 1993, the City Council adopted Ordinance No. 93-153 authorizing the City Manager to execute an agreement with First Southwest Company for arbitrage services. On February 19, 2007, the Audit/Finance Committee unanimously recommended approval to forward the contract with First Southwest Company for financial advisory services to the City Council for consideration. On March 27, 2007, the City Council adopted Ordinance No. 2007-059 approving the City Manager to execute a financial advisory services agreement with First Southwest Company. On November 16, 2010, the Audit/Finance Committee unanimously recommended approval to forward the contract amendment to the City's contracts with First Southwest Company for financial advisory, continuing disclosure and arbitrage services to the City Council for consideration. EXHIBITS Ordinance Exhibit 1 -FY 2009-10 Arbitrage Services Fee Comparison Respectfully submitted: Bid an Langley Chief Financial Officer Prepared By Antonio Puente, Jr. Assistant Director of Finance salegahour documentslordinances\101first southwest company.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT TO CONSOLIDATE THE FINANCIAL ADVISORY, ARBITRAGE REBATE, AND CONTINUING DISCLOSURE SERVICES AGREEMENTS BETWEEN THE CITY OF DENTON AND FIRST SOUTHWEST COMPANY; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City currently has three agreements with First Southwest Company ("FSW") which are for financial advisory services, continuing disclosure services, and arbitrage services; and WHEREAS, the Finance Department approached FSW regarding combining the existing agreements into a single agreement; and WHEREAS, State law requires at least two of these services to be competitively bid; and WHEREAS, FSW is agreeable to both the merger and the competitive bid requirements; and WHEREAS, on November lb, 2010, the Audit/Finance Committee unanimously recommended approval of combining the three above-mentioned agreements into one agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations in the preamble are true and correct and are incorporated herewith as part of this Ordinance. SECTION 2. The City Manager is hereby authorized to execute a professional services agreement between the City of Denton and FSW, which is attached hereto and incorporated herein by reference. SECTION 3. The expenditure of funds as provided in the attached professional services agreement is hereby authorized, and the previous expenditures regarding the above-mentioned agreements are ratified and approved. SECTION 5. This Ordinance shall become effective immediately upon its passage and approval. s:Uegallour documentslordinances1101first southwest company. doe PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 2 PROFESSIONAL SERVICES AGREEMENT FOR FINANCIAL ADVISORY, ARBITRAGE REBATE AND CONTINUING DISCLOSURE SERVICES STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the day of 2010, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and First Southwest Company, with an office at 777 Main Street, Suite 1200, Fort Worth, Texas 76102, hereinafter called "CONSULTANT," and CONSULTANT's affiliate, First Southwest Asset Management, Inc., with its corporate office at 325 North St. Paul Street, Suite 800, Dallas, Texas 75201, hereinafter called ("FSAM"), acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT and FSAM, as independent contractors, and the CONSULTANT and FSAM hereby agree to perform the services herein in connection with the Projects 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 projects: The Projects shall include, without limitation, the provision of financial advisory and continuing disclosure services to be performed by the Consultant and the provision of arbitrage rebate services to be performed by FSAM. ARTICLE II SCOPE OF SERVICES The CONSULTANT and FSAM shall perform the following services in a professional manner: A. CONSULTANT shall perform all those services set forth in the Financial Advisory Agreement attached hereto as Attachment A, which shall be attached to this Agreement and made a part hereof for all purposes as separate agreements. B. CONSULTANT shall perform all those services set forth in the Continuing Disclosure Services Agreement attached hereto as Attachment B, which shall be attached to this Agreement and made a part hereof for all purposes as separate agreements. C. FSAM shall perform all those services set forth in the Arbitrage Rebate Services Agreement attached hereto as Attachments C & D, which shall be attached to this Agreement and made a part hereof for all purposes as separate agreements. D. If there is any conflict between the terms of this Agreement and the attached attachments to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached attachments. ARTICLE III ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT and FSAM, if authorized by the OWNER, which are not included in the above-described Scope of Services, are described as follows: (list all additional services that may be required for the project) Not applicable. ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and FSAM and upon issue of a notice to proceed by the OWNER, and shall remain in force during the term of the respective agreements attached hereto and any required extensions approved by the OWNER. This Agreement may be sooner terminated in accordance with the provisions in Article XII and the respective agreements may be terminated pursuant to each such agreement's terms. Time is of the essence in this Agreement. The CONSULTANT and FSAM shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or his designee. ARTICLE V COMPENSATION A. COMPENSATION TERMS: 1. "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the nature of financial advisory, arbitrage rebate and continuing disclosure. 2. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, Page 2 travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT and FSAM herein, the OWNER agrees to pay, based on the terms of the agreements attached hereto. Partial payments to the CONSULTANT and FSAM will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. The OWNER may withhold the final five percent (5%) of the contract amount until completion of the Projects. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT or FSAM when the CONSULTANT or FSAM, respectively, is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT and/or FSAM shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER. The CONSULTANT and FSAM shall not proceed to perform the services listed in Article III "Additional Services," without obtaining prior written authorization from the OWNER. C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article III, the CONSULTANT and/or FSAM shall be paid pursuant to the attached agreements. Payments for additional services shall be due and payable upon submission by the CONSULTANT and/or FSAM, and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. D. PAYMENT: If the OWNER fails to make undisputed payments due the CONSULTANT and/or FSAM for services and expenses within thirty (30) days after receipt of the CONSULTANT's and/or FSAM's undisputed statement thereof, prompt payment act interest as set forth in Chapter 2251 of the Texas Government Code shall be paid on the amounts due the CONSULTANT and/or FSAM. In addition, the CONSULTANT and/or FSAM may, if payment is not received by the thirty-first (31s) day after receipt of statement, after giving ten (10) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT and/or FSAM has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay prompt payment act interest if the OWNER has a bona fide dispute with the CONSULTANT and/or FSAM concerning the payment or if the Page 3 OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, "Compensation." ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT and FSAM will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or FSAM or any subcontractors or subconsultants. ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT and FSAM pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT and FSAM are entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT and FSAM are intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT and FSAM are released from any and all liability relating to their use in that project. ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT and FSAM shall provide services to OWNER as independent contractors, not as employees of the OWNER. CONSULTANT and FSAM shall not have or claim any right arising from employee status. ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT and FSAM shall indemnify and save and hold harmless the OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or FSAM or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this 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. Page 4 ARTICLE X INSURANCE During the performance of the services under this Agreement, CONSULTANT and FSAM 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 Carriers of at least an A= or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. E. The CONSULTANT and FSAM shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages. The insurance policies shall name the OWNER as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to OWNER and CONSULTANT and FSAM. In such event, the CONSULTANT and FSAM shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to mediation. No mediation arising out of or relating to this Agreement may proceed without the agreement of both parties to submit the dispute to mediation. The location for the mediation shall be the City of Denton, Denton County, Texas unless a different location is agreed to by the parties. ARTICLE XII TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party. Page 5 B. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating parry prior to termination. C. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT and/or FSAM shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT and FSAM for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article V "Compensation." Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT and/or FSAM shall cooperate in providing information. The CONSULTANT and FSAM shall turn over all documents prepared or furnished by CONSULTANT and FSAM pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT or FSAM, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT or FSAM its employees, subcontractors, agents, and consultants. CONSULTANT and FSAM retain, design responsibility and liability at all times during this Agreement and after completion of this Agreement. ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: Page 6 To CONSULTANT: To OWNER: First Southwest Company City of Denton David Medanich, Vice Chairman George C. Campbell, City Manager 777 Main Street, Suite 1200 215 East McKinney Fort Worth, Texas 76102 Denton, Texas 76201 To FSAM First Southwest Asset Management, Inc. Shelley Weiske, Senior Vice President 325 North St. Paul Street, Suite 800 Dallas, Texas 75201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE XV ENTIRE AGREEMENT This Agreement, consisting of twenty (20) pages and four (4) exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE XVI 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 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 XVII COMPLIANCE WITH LAWS The CONSULTANT and FSAM shall comply with all federal, state, and local laws, riles, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. Page 7 ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT and FSAM shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE XIX PERSONNEL A. The CONSULTANT and FSAM represent that they have or will secure, at their own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the OWNER. CONSULTANT and FSAM shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by the CONSULTANT and/or FSAM. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. C. In those instances deemed necessary by the OWNER, the CONSULTANT and/or FSAM and/or their employees shall be required to submit to background checks. ARTICLE XX ASSIGNABILITY The CONSULTANT or FSAM shall not assign any of its scope of work under in this Agreement, and shall not transfer any of its scope of work under this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER. Should the CONSULTANT or FSAM assign any part of the monies due under this Agreement, CONSULTANT or FSAM is required to provide written notice of the same to OWNER. Any assignment of monies due under this Agreement shall not change any of the terms or conditions of this Agreement to include but not limited to the terms and conditions for payment under this Agreement. ARTICLE XXI 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 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 Page 8 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 XXII MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Exhibit A, Financial Advisory Agreement; Exhibit B, Continuing Disclosure Services Agreement and Exhibit C, Arbitrage Rebate Services Agreement. B. CONSULTANT and FSAM agree that OWNER shall, until the expiration of five (5) years after the final payment or after final completion of all work required under this Agreement, whichever is longer, have access to and the right to examine any directly pertinent books, documents, papers, correspondence, to include e-mails, and records of the CONSULTANT and/or FSAM involving transactions relating to this Agreement. CONSULTANT and FSAM are required to maintain and make available all electronic records associated with this Agreement for purposes of examination. CONSULTANT and FSAM agree that OWNER shall have access during normal working hours to all necessary CONSULTANT and FSAM facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. OWNER shall give CONSULTANT and FSAM reasonable advance notice of intended audits. This paragraph shall work in conjunction with the Audit provision set forth in Article XXIII. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be David Medanich and Shelley Weiske. However, nothing herein shall limit CONSULTANT and FSAM from using other qualified and competent members of its firm to perform the services required herein. CONSULTANT and FSAM understand that OWNER is to be informed of the removal or loss of any of the key persons working under this Agreement. CONSULTANT and FSAM also agree to provide the OWNER with notice of the name(s) of who it intends to replace the key person. OWNER shall have a right to reject any replacement key person(s) and CONSULTANT and FSAM agree to name a replacement key person(s) acceptable to the OWNER. E. CONSULTANT and FSAM 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, CONSULTANT and FSAM shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. F. The OWNER shall assist the CONSULTANT and FSAM by placing at the CONSULTANT's and FSAM's disposal all available information pertinent to the Page 9 Projects, including previous reports, any other data relative to the Projects, and arranging for the access thereto, and make all provisions for the CONSULTANT and FSAM to enter in or upon public and private property as required for the CONSULTANT and FSAM to perform services under this Agreement. G. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. ARTICLE XXIII RIGHT TO AUDIT The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONSULTANT and FSAM shall retain such books, records, documents and other evidence pertaining to this Agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONSULTANT and FSAM shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONSULTANT and/or FSAM, which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. Page 10 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT and FSAM have executed this Agreement through their duly authorized undersigned officer on this the day of 12010. CITY OF DENTON, TEXAS GEORGE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: CONSULTANT BY: Hill A. Feinberg Chairman and Chief Executive Officer F SAM BY: Hill A. Feinberg Chairman and Chief Executive Officer WITNESS: BY: CITY OF DENTON INSURANCE REQUIREMENTS FOR CONSU LTANTS/CONTRACTORS The Offeror'sBidder's attention is directed to the insurance requirements below. It is highly recommended that offerors/bidders confer with their respective insurance carriers or brokers to determine in advance of its proposal or bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an offeror/apparent low bidder fails to comply strictly with the insurance requirements, that offeror/bidder may be disqualified from award of the contract. Upon award, all insurance requirements shall become contractual obligations, which the successful offeror/bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting anv of the other obligations or liabilities of the Consultant Contractor, the Consultant Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of award, Consultant Contractor shall file with the purchasing Department satisfactoov certificates of insurance, containing the proposal, bid number and title of the project. Consultant' Contractor may, upon 11'ritten request to the purchasing Department, ask for clarification of anv insurance requirements at anv tm?e; however, ConsultantsContractors are strongly advised to make such requests prior to proposal bid opening, since the nsu rance requirements may not be lvodlfied or iralved after proposal bid opening unless a 11'ritten exception has been submitted frith the proposal bid. Consultant' Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply frith the following general specifications, and shall be maintained in compliance frith these general specifications throughout the duration of the Contract, or longer, if so noted. • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. • Any deductibles or self-insured retentions shall be declared in the proposal or bid. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the Consultant/Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: • Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. • That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. • Should any of the required insurance be provided under a claims-made form, Consultant/Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Consultant/Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally colvply irith the folloiring marked specifications, and shall be maintained in compliance frith these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $500,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: Page 13 • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non-owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or constriction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rile 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). Owner's and Contractor's Protective Liability Insurance Page 14 The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [X] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. Page 15 ATTACHMENT 1 Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and Page 16 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. L The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and Page 17 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 18 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. Name of person who has a business relationship with local governmental entity. First Southwest Company 2 ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7t" business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. Not applicable Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? 0 Yes 0 No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0 Yes 0 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? 0 Yes 0 No D. Describe each affiliation or business relationship. 4 First Southwest Company By: Signature of person doing business with the governmental entity Date Adopted 06/29/2007 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. Name of person who has a business relationship with local governmental entity. First Southwest Asset Management, Inc. 2 ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7t" business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. Not applicable Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. D. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? 0 Yes 0 No E. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0 Yes 0 No F. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? 0 Yes 0 No D. Describe each affiliation or business relationship. 4 First Southwest Asset Management, Inc. By: Signature of person doing business with the governmental entity Date Adopted 06/29/2007 Page 20 Attachment A FINANCIAL ADVISORY AGREEMENT This Financial Advisory Agreement (the "Agreement") is made and entered into by and between City of Denton, Texas ("Issuer") and First Southwest Company ("FSC") effective as of the date executed by the Issuer as set forth on the signature page hereof. WYINESSETH: WHEREAS, the Issuer will have under consideration from time to time the authorization and issuance of indebtedness in amounts and forms which cannot presently be determined and, in connection with the authorization, sale, issuance and delivery of such indebtedness, Issuer desires to retain an independent financial advisor; and WHEREAS, the Issuer desires to obtain the professional services of FSC to advise the Issuer regarding the issuance and sale of certain evidences of indebtedness or debt obligations that may be authorized and issued- or otherwise created or assumed by the Issuer (hereinafter referred to collectively as the "Debt Instruments") from time to time during the period in which this Agreement shall be effective; and WHEREAS, FSC is willing to provide its professional services and its facilities as financial advisor in connection with all programs of financing as may be considered and authorized by Issuer during the period in which this Agreement shall be effective. NOW, THEREFORE, the Issuer and FSC, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, do hereby agree as follows: SECTION I DESCRIPTION OF SERVICES Upon the request of an authorized representative of the Issuer, FSC agrees to perform the financial advisory services stated in the following provisions of this Section I; and for having rendered such services; the Issuer agrees to pay to FSC the compensation as provided in Section V hereof. A. Financial Planning. At the direction of Issuer, FSC shall: 1. - Survey and Analysis. Conduct a survey of the financial resources of the Issuer to determine the extent of its capacity to authorize, issue and service any Debt Instruments contemplated. This survey will. include an analysis of any existing debt structure as compared with the existing and projected sources of revenues which may be pledged to secure payment of debt service and, where appropriate, will include a study of the trend of the assessed valuation, taxing power and present and future taxing requirements of the Issuer. In the event revenues of existing or pfoj ected facilities operated by the Issuer are to be pledged to repayment of the Debt Instruments 1 Attachment A then under consideration, the survey will take into account any outstanding indebtedness payable from the revenues thereof, additional revenues to be available from any proposed rate increases and additional revenues, as projected by consulting engineers employed by the Issuer, resulting from improvements to be financed by the Debt Instruments under consideration. 2. Future Financings. Consider and analyze future financing needs as projected by the Issuer's staff and consulting engineers or other experts, if any, employed by the Issuer. 3. Recommendations for Debt Instruments. On the basis of the information developed by the survey described above, and other information and experience available, submit to the Issuer recommendations regarding the Debt Instruments under consideration, including such elements as the date of issue, interest payment dates, schedule of principal maturities, options of prior payment, security provisions, and such other provisions as may be appropriate in order to make the issue attractive to investors while achieving the objectives of the Issuer. All recommendations will be consistent with the goal of designing the Debt Instruments to be sold on terms which are advantageous to the Issuer, including the lowest interest cost consistent with all other considerations. 4. Market Information. Advise the Issuer of our interpretation of current bond market conditions, other related forthcoming bond issues and general information, with economic data, which might normally be expected to influence interest rates or bidding conditions so that the date of sale of the Debt Instruments may be set at a favorable time. 5. Elections. In the event it is necessary to hold an election to authorize the Debt Instruments then.under consideration, FSC will assist in coordinating the assembly of such data as may be required for the preparation of necessary petitions, orders, resolutions, ordinances, notices and certificates in connection with the election, including assistance in the transmission of such data to a firm of municipal bond attorneys ("Bond Counsel") retained by the Issuer. B. Debt Management and Financial Implementation. At the direction of Issuer, FSC shall: 1. Method of Sale. Evaluate the particular financing being contemplated, giving consideration to the complexity, market acceptance, rating, size and structure in order to make a recommendation as to an appropriate method of sale, and: 2 Attachment A a. If the Debt Instruments are to be sold by an advertised competitive sale, FSC will: (1) Supervise the sale of the Debt Instruments, reserving the right, alone or in conjunction with others, to submit a bid for any Debt Instruments issued under this Agreement which the Issuer advertises for competitive bids; however, in keeping with the provisions of Rule G-23 of the Municipal Securities Rulemaking Board, FSC will request and obtain written consent to bid prior to submitting a bid, in any instance wherein FSC elects to bid, for any installment of such Debt Instruments; (2) Disseminate information to prospective bidders, organize such informational meetings. as may be necessary, and facilitate prospective bidders' efforts in making timely submission of proper bids; (3) Assist the staff of the Issuer in coordinating the receipt of bids, the safekeeping of good faith checks and the tabulation and comparison of submitted bids; and (4) Advise the Issuer regarding the best bid and provide advice regarding acceptance or rejection of the bids. b. If the Debt Instruments are to be sold by negotiated sale, FSC will: (1) Recommend for Issuer's final approval and acceptance one or more investment banking firms as managers of an underwriting syndicate for the purpose ofnegotiating the purchase of the Debt Instruments. (2) Cooperate with and assist any selected managing underwriter and their counsel in connection with their efforts to prepare any Official Statement or Offering Memorandum. FSC will cooperate with and assist the underwriters in the preparation of a bond purchase contract, an underwriters agreement and other related documents. The costs incurred in such efforts, including the printing of the documents, will be paid in accordance with the terms of the Issuer's agreement with the underwriters, but shall not be or become an obligation of FSC, except to the extent specifically provided otherwise in this Agreement or assumed in writing by FSC. (3) Assist the staff of the Issuer in the safekeeping of any good faith checks, to the extent there are any such, and provide a cost comparison, for both expenses and interest which are suggested by the underwriters, to the then current market. (4) Advise the Issuer as to the fairness of the price offered by the underwriters. 3 Attachment A 2. Offering Documents. Coordinate the preparation of the notice of sale and bidding instructions, official statement, official bid form and such other documents as may be required and submit all such documents to the Issuer for examination, approval and certification. After such examination, approval and certification, FSC shall provide the. Issuer with a supply of all such documents sufficient to its needs and distribute by mail. or, where appropriate, by electronic delivery, sets of the same to prospective purchasers of the Debt Instruments. Also, FSC shall provide copies of the final Official Statement to the purchaser of the Debt Instruments in accordance with the Notice of Sale and Bidding Instructions. 3. Credit Ratings. - Make recommendations to the Issuer as to the advisability of obtaining a credit rating, or ratings, for the Debt Instruments and, when directed by the Issuer, coordinate the preparation of such information as may be appropriate for submission to the rating agency, or agencies. In those cases where the advisability of personal presentation of information to the rating agency, or agencies, may be indicated, FSC will arrange for such personal presentations, utilizing such composition of representatives from the Issuer as may be finally approved or directed by the Issuer. 4. Trustee, Paying Agent, Registr ar. Upon request, counsel with the Issuer in the selection of a Trustee and/or Paying Agent/Registrar for the Debt Instruments, and assist in the negotiation of agreements pertinent to these services and the fees incident thereto. 5. Financial Publications. When appropriate, advise financial publications of the forthcoming sale of the Debt Instruments and provide them with all pertinent information. 6. Consultants. After consulting with and receiving directions from the Issuer, arrange for such reports and opinions of recognized independent consultants as may be appropriate for the successful marketing of the Debt Instruments. 7. Auditors. In the event formal verification by an independent auditor of any calculations incident to the Debt Instruments is required, make arrangements for such services. 8. Issuer Meetings. Attend 'meetings of the governing body of the Issuer, its staff, representatives or committees as requested at all times when FSC maybe of assistance or service and the subject of financing is to be discussed. 9. Printing. To the extent authorized by the Issuer; coordinate all work incident to printing of the offering documents and the Debt Instruments. 10. Bond Counsel. Maintain liaison with Bond Counsel in the preparation of all legal documents pertaining to the authorization, sale and issuance of the Debt Instruments. 4 Attachment A 11, Changes in. Laws. Trovide to the Issuer copies of proposed or enacted changes in federal and state laws, rules and regulations having, or expected to have, a significant effect on the municipal bond market of which FSC becomes aware in the ordinary course of its business, it being understood that FSC does not and may not act as an attorney for, or provide legal advice or services to, the Issuer. 12. Delivery of Debt Instruments. As soon as a bid for the Debt Instruments is accepted by the Issuer, coordinate the efforts of all concerned to the end that the Debt Instruments may be delivered and paid for as expeditiously as possible and assist the Issuer in the preparation or verification of final closing figures incident to the delivery of the Debt Instruments. 13. Debt Service Schedule, Authorizing Resolution. After the closing of the sale and delivery of the Debt Instruments, deliver to the Issuer a schedule of annual debt service requirements for the Debt Instruments and, in coordination with Bond Counsel, assure that the paying agent/registrar and/or trustee has been provided with a copy of the authorizing ordinance, order or resolution. SECTION H TERM OF AGREEMENT This Agreement shall become effective as of the date executed by the Issuer as set forth on the signature page hereof and, unless terminated by either party.pursuant to Section IV of this Agreement, shall-remain in effect thereafter for a period of two (2) years from such date. Unless FSC or Issuer shall notify the other party in writing at least thirty (30) days in advance of the applicable anniversary date that this Agreement will not be renewed, this Agreement will be automatically renewed on the second anniversary of the date hereof for an additional one (1) year period and thereafter will be automatically renewed on each anniversary date for successive one (1) year periods for up to 3 years. SECTION*M TERMINATION This Agreement may be terminated with or without cause by the Issuer or FSC upon the giving of at least thirty (30) days' prior written notice to the other party of its intention to terminate, specifying in such. notice the effective date of such termination. In the event of such termination, it is understood and agreed that only the amounts due FSC for services provided and expenses incurred to the date of termination will be due and payable. No penalty will be assessed for termination of this Agreement. 5 Attachment A SECTION IV COMPENSATION AND EXPENSE RELNIBURSEMENT The fees due to FSC for the services set forth and described in Section I of this Agreement with respect to each issuance of Debt Instruments during the term of this Agreement shall be calculated in accordance with the schedule set forth on Appendix A attached hereto. Unless specifically provided otherwise on Appendix A or in a separate written agreement between Issuer and FSC, such fees, together with any other fees as may have been mutually agreed upon and all expenses for which FSC is entitled to reimbursement, shall become due and payable concurrently with the delivery of the Debt Instruments to the purchaser. SECTION V MISCELLANEOUS 1. Choice of Law. This Agreement shall be construed and given effect in accordance with the laws ofthe State of Texas. 2. Binding Effect; Assignment. This Agreement shall be binding upon and inure to the benefit of the Issuer and FSC, their respective successors and assigns; provided however, neither party hereto may assign or transfer any of its rights or obligations hereunder without the prior written consent of the other party. 3. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and obligations herein assumed. Any oral or written representations or modifications concerning this Agreement shall be of no force or effect except for a subsequent modification in writing signed by all parties hereto. FIRST SOUTHWEST COMPANY By: Hill A. Feinberg, Chairman and Chief Executive Officer By: Laura B. Alexander Senior Vice President 6 Attachment A CITY OF DENTON, TEXAS By Title:George C. Campbell, City Manager ATTEST: (LL retary APPROVED AS TO FORM: CITY ATTOR CITY OF D , TE BY: c 7 Attachment A APPENDIX A i' The fees due FSC will not exceed those contained in the fee schedule as listed below. Base Fee - Any Issue $25,000 Plus $1.00 per 1,000 Bond The above charges include all financial advisory services including computer structuring and official statementpreparation. The payment of charges for financial advisory services shall be contingent upon the delivery of bonds and shall be due at the time that bonds are delivered. The Issuer shall be responsible for the following expenses, if and when applicable, whether they are charged to the Issuer directly as expenses or charged to the Issuer by FSC as reimbursable expenses: Bond counsel Bond printing Bond ratings Credit enhancement CPA fees for refunding Official statement printing Paying agent/registrar/trustee Travel expenses Underwriter and underwriters counsel Miscellaneous, including copy, delivery, and phone charges The payment of reimbursable expenses that FSC has assumed on behalf of the Issuer shall NOT be contingent upon the delivery of bonds and shall be due at the time that services are rendered and payable upon receipt of an invoice therefor submitted by FSC. i Attachment B AGREEMENT FOR CONTINUING DISCLOSURE SERVICES BY AND BETWEEN CITY OF DENTON, TEXAS (HEREINAFTER REFERRED TO AS THE "ISSUER") AND FSC DISCLOSURE SERVICES, A DIVISION OF FIRST SOUTHWEST COMPANY In connection with the sale and delivery of certain bonds, notes, certificates, or other municipal obligations (the "Bonds"), the Issuer has made certain undertakings to disclose to the investing public, on a periodic and continuing basis, certain information, as more fully set forth in such undertakings and as contemplated by the provisions of Securities and Exchange Commission Rule 15c2-12, as amended (the "Rule"). The Issuer has agreed to engage FSC Disclosure Services, a Division of First Southwest Company ("Disclosure Services"), to assist it with these continuing disclosure obligations, for the consideration and on the terms and conditions set forth herein, including the preparation and submission of annual reports (the "annual reports") and the reporting of certain specified events (the "Events"), which are set forth in the Issuer's undertakings, the Rule and in Subsection 2c. below. This agreement (the "Agreement") between the Issuer and the Disclosure Services shall become effective at the date of its acceptance as provided for below. The parties agree as follows: 1. This Agreement shall apply to all issues of Bonds delivered subsequent to the effective date of the continuing disclosure requirements as specified in the Rule, to the extent that any particular issue does not qualify for exceptions to the continuing disclosure requirements of the Rule. 2. Disclosure Services agrees to perform the following duties in connection with providing services relating to the Issuer's continuing disclosure obligations: a. assist the Issuer in compiling data determined or selected by the Issuer to be disclosed; b. assist the Issuer in identifying other information to be considered by Issuer for continuing disclosure reporting purposes; Attachment B c. assist the Issuer in preparing the presentation of such information, to include annual reports containing financial information and operating data of the type provided in the final official statement of applicable issues, and notices concerning the occurrence of the specified Events and other items listed below: 1) Principal and interest payment delinquencies 2) Non-payment related defaults 3) Unscheduled draws on debt service reserves reflecting financial difficulties 4) Unscheduled draws on credit enhancements reflecting financial difficulties 5) Substitution of credit or liquidity providers, or their failure to perform 6) Adverse tax opinions or event affecting the tax-exempt status of the security 7) Modifications to rights of security holders 8) Bond calls 9) Defeasances 10) Release, substitution, or sale of property securing repayment of the securities 11) Rating changes 12) Noncompliance with the Rule d. assist the Issuer in distributing or filing, in the Issuer's name, the above mentioned annual reports, notices and audited annual financial statements to Nationally Recognized Municipal Securities Information Repositories ("NRMSIR's"), the Municipal Securities Rulemaking Board, appropriate State Information Depository ("SID"), rating agencies, and other entities, as required by the Issuer's continuing disclosure obligations. e. provide to the Issuer confirmation of distribution or dissemination of reports and notices. 3. Issuer acknowledges and agrees to the following: a. Disclosure Services will be compensated for the performance of services with respect to assisting the Issuer with preparation and submission of continuing disclosure reports in accordance with the schedule as set forth below: (i) $2,500 per year for assistance in preparation and distribution of each annual report and assistance in distribution of audited annual financial statements, if Issuer is exempt from requirements other than filing with the SID, or $3,500 per year for assistance in preparation and distribution of each annual report and assistance in distribution of audited annual financial statements, if Issuer is not exempt from filing reports with the NRMSIR's, plus (ii) $100 minimum fee for assistance in preparation and distribution of each notice concerning occurrence of an Event or noncompliance with the Rule; in addition, a fee of $125 per hour for all time in excess of five (5) hours spent 2 Attachment B in assisting with preparation and distribution of each notice concerning occurrence of an Event or noncompliance with the Rule. b. Issuer will provide to Disclosure Services, and Disclosure Services shall be entitled to rely upon, all information regarding the issuance of the Bonds, including the final official statement and the Issuer's commitment or undertaking regarding continuing disclosure as contained in the resolution authorizing issuance of the Bonds or separate contract or agreement; annual financial information and operating data of the type provided in the final official statement, information concerning the occurrence of an Event or noncompliance with the Rule; and any other information necessary in connection with preparing continuing disclosure reports. c. Issuer will provide to Disclosure Services, and Disclosure Services shall be entitled to rely upon, annual written confirmation of all outstanding Bond issues for which the issuer has a continuing disclosure obligation. d. Issuer will provide to Disclosure Services all information required for preparation of each annual report, including financial information and operating data of the type provided in the final official statement and other information deemed necessary by Issuer, no later than 45 days prior to the date on which each annual report is due. e. Issuer will provide full and complete copies of the audited annual financial statement no later than ten (10) days prior to the date on which it is due. f. Issuer will notify Disclosure Services immediately upon the occurrence or immediately upon the Issuer's knowledge of the occurrence of each Event or noncompliance with the Rule, and the Issuer will immediately provide all information necessary for preparation of the notice of occurrence of each such Event or noncompliance with the Rule. g. Issuer shall have the sole responsibility for determining the disclosure to be made in all cases, and the Issuer shall review and provide written approval of the content and form of all continuing disclosure reports and notices. In the event of a disagreement between the Issuer and Disclosure Services regarding the disclosure to be made, either the Issuer or Disclosure Services may, but neither is obligated to, terminate this Agreement by written notice to the other party. h. A separate annual report will be prepared and distributed for each type of security pledge in effect for outstanding financing issues or Bonds of the Issuer, i. Issuer will inform Disclosure Services of the retirement of any Bonds included under the scope of this Agreement within 30 days of such retirement. 4. In the event that Disclosure Services and the Issuer determine that advice of counsel is appropriate with respect to any question concerning disclosure, then (i) the 3 Attachment B Issuer may consult with its counsel, or (ii) the Issuer may authorize Disclosure Services to seek legal advice from independent counsel regarding the disclosure. The Issuer agrees that it shall be responsible for the fees and expenses of its own counsel. The Issuer agrees to reimburse Disclosure Services the fees and expenses of independent counsel, if paid by Disclosure Services, for advice rendered pursuant to authorization by the Issuer. 5. The Issuer agrees to hold harmless and to indemnify Disclosure Services and its employees, officers, directors, and agents from and against any and all claims, damages, losses, liabilities, reasonable costs and expenses whatsoever (including attorneys' fees and expenses) which Disclosure Services may incur by reason of or in connection with the distribution of information in the disclosure reports in accordance with this Agreement, except to the extent such claims, damages, losses, liabilities, costs and expenses result directly from Disclosure Services' willful misconduct or gross negligence in the distribution of such information. In order to provide for just and equitable contribution, if a claim for indemnification pursuant to the foregoing indemnification provision is made, but it is determined in an appropriate proceeding that such indemnification may not be enforced, even though the express provisions hereof provide for indemnification in such case, then the Issuer, on the one hand, and Disclosure Services, on the other hand, shall contribute to the claims, damages, losses, liabilities, costs and expenses to which Disclosure Services may be subject in accordance with the relative benefits received by Issuer, on the one hand, and Disclosure Services, on the other hand, and also the relative fault of Issuer, on the one hand, and Disclosure Services, on the other hand, in connection with the acts or omissions which resulted in such claims, damages, losses, liabilities, costs or expenses; and relevant equitable considerations shall also be considered. Notwithstanding the foregoing, Disclosure Services, shall not be obligated to contribute any amount hereunder that exceeds the amount of fees previously received by Disclosure Services pursuant to this Agreement. 6. The fees and expenses due to Disclosure Services in providing continuing disclosure services shall be calculated in accordance with Section 3a. of this Agreement. The fees will be invoiced each year during the term of the Agreement, unless terminated earlier, and fees will be payable within 30 days of receipt of invoice, except that the fees for the first year's service will be invoiced and be payable upon acceptance of this Agreement. In addition, the Issuer agrees to reimburse Disclosure Services for the following expenses: (i) legal fees and expenses of counsel incurred by Disclosure Services pursuant to the terms of Section 4. above, and (ii) other out-of-pocket expenses reasonably incurred by Disclosure Services in perforining its obligations hereunder. The Issuer shall remit payment for expenses to Disclosure Services within 30 days of receipt of invoice. 4 Attachment B Bonds Issued Subsequent to Agreement 7. The provisions of this Agreement will include additional municipal bonds and financings (including financing lease obligations) issued during the stated term of this Agreement, if such bonds are subject to the continuing disclosure requirements. In this connection, the Issuer agrees that the Issuer will notify Disclosure Services of any municipal bonds and financing (including financing lease obligations) issued by the Issuer during any fiscal year of the Issuer during the term of this Agreement, and will provide Disclosure Services with such inforination as shall be necessary in order for Disclosure Services to perform the services contracted for hereunder. Effective Dates of Agreement 8. This Agreement shall become effective at the date of acceptance by the Issuer as set out below and remain in effect thereafter for a period of five (5) years from the date of acceptance. Unless Disclosure Services or Issuer shall notify the other party in writing at least thirty (30) days in advance of the applicable anniversary date that this Agreement will not be renewed, this Agreement will be automatically renewed on the fifth anniversary of the date hereof for an additional one (1) year period and thereafter will be automatically renewed on each anniversary date for successive one (1) year periods. This agreement may be terminated with or without cause by the Issuer or Disclosure Services upon thirty (30) days' written notice to the other party. In the event of such termination, it is understood and agreed that only the amounts due to Disclosure Services for services provided and expenses incurred to and including the date of tennination will be due and payable. No penalty will be assessed for termination of this Agreement. In the event this Agreement is terminated prior to its stated term, all records provided to Disclosure Services by the Issuer shall be returned to the Issuer as soon as practicable. In addition, the parties hereto agree that upon termination of this Agreement Disclosure Services shall have no continuing obligation to the Issuer regarding any service contemplated herein. Notwithstanding the foregoing, all indemnification, hold harmless and/or contribution obligations, pursuant to Section 5 of this Agreement, shall survive any termination, regardless of whether the termination occurs as a result of the expiration of the term hereof or the Agreement is terminated sooner by either the Issuer or Disclosure Services under this Section 8, pursuant to Subsection 3f , or otherwise. Provision of Notices Provision of information, delivery of certification and notices of Events and noncompliance with the Rule, unless directed otherwise in writing, shall be sent to: City of Denton, Texas 215 East McKinney Denton, Texas 76201 Ms. Diana Ortiz Director of Fiscal Operations Phone: (940) 349-8224 Facsimile: (940) 349-7206 Email: diana.oLtiz@cityofdenton. coin 5 Attachment B FSC Disclosure Services, a Division of First Southwest Company 325 North St. Paul Street, Suite 800 Dallas, Texas 75201 Attention: Beth Bankhead VP for Continuing Disclosure Telephone: (214) 953-4003 Facsimile: (214) 953-4050 Email: bbankhead@firstsw.com Acceptance of Agreement 9. This Agreement is submitted in triplicate originals. When accepted by the Issuer, it will constitute the entire Agreement between the Issuer and Disclosure Services for the purposes and the consideration specified above. Acceptance will be indicated on all copies and returned to Disclosure Services. An executed original will be returned for your files. Respectfully submitted, FSC Disclosure Services, a Division of First Southwest Company By Hill A. Feinberg Chairman and Chief Executive Officer By Beth Bankhead Vice President Date ACCEPTANCE CLAUSE The above and foregoing is hereby in all things accepted and approved by the City of Denton, Texas, on this the ~ i day of Z C 005. By Auhorized Representative Title 6 Attachment C PROPOSAL AND AGREEMENT FOR ARBITRAGE REBATE COMPLIANCE SERVICES BY AND BETWEEN CITY OF PENTON, TEXAS (Hereinafter Referred to as the "Issuer") AND FIRST SOUTHWEST COMPANY It is understood and agreed that the Issuer, in connection with the sale and delivery of certain obligations as listed in Appendix A attached hereto (the "Obligations"), will have the need to determine to what extent, if any, it will be required to rebate investment earnings of the proceeds of the Obligations to the United States of America (hereinafter referred to as "Rebatable Arbitrage") pursuant to the provisions of Section 148(f)(2) of the Internal Revenue Code of 1986 (the "Code"). We have been requested to provide professional services to the Issuer as 'such services may be necessary to effect this determination and we are pleased to submit the following proposal for consideration. This proposal, if accepted by the Issuer, shall become the agreement (the "Agreement") between the Issuer and First Southwest Company effective at the date of its acceptance as provided for herein below. 1. This Agreement shall apply to the Obligations described in Appendix A attached hereto during the period in which this Agreement shall be effective. Provisions of First Southwest Company 2. We agree to provide our professional services and our facilities in the creation and maintenance of records useful to.or necessary in the determination of Rebatable Arbitrage with regard to the Obligations. The Issuer will assume and pay the . fee of First Southwest Company as such -fee is set out in Appendix A attached hereto. First' Southwest Company *shall not be responsible for any extraordinary expenses- incurred in connection with providing such professional services, including any costs incident to litigation, mandamus action, test case or other similar legal actions; unless First Southwest Company is a party to such litigation and a claim is asserted against First Southwest Company for work performed under this Agreement. 3. We agree to perform the following duties in connection with -providing • arbitrage investment rebate services: 1 i Attachment C a. To cooperate fully with the-Issuer in reviewing the schedule of investments made by the Issuer with (i) proceeds from the Obligations, and (ii) proceeds of other funds of the Issuer which, under Regulations Section 1.148 or Temporary Regulations Section 1,103-15AT(b)(6) or any successor regulations thereto, are subject to the rebate requirements of the Code; b. To perform, or cause to be performed, calculations no less frequently than twice • a year, consistent with the Code and the regulations promulgated thereunder, regarding the amounts of Rebatable Arbitrage from the investment of funds subject to the requirements of Section 148(f)(2) of the Code; C. To assist the Issuer in preparing schedules, records or other information necessary to enable First Southwest Company to perform the rebate calculations as set forth in this Agreement; d. . To provide a report to the Issuer specifying the amount of Rebatable Arbitrage based upon the investment schedule, the calculations of bond yield and investment. yield, and other information deemed relevant by First Southwest Company. Provisions of Issuer 4. In connection with the performance of. the aforesaid duties, the Issuer agrees to the following: a. That First Southwest Company will be compensated for the performance of services with respect to calculating and advising the Issuer of the amount of Rebatable Arbitrage in accordance with -the schedule set forth in Appendix A attached hereto. b. That the Issuer will provide First Southwest Company, and First Southwest Company shall. be entitled to rely upon, all information regarding the issuance of the Obligations and the investment of the proceeds therefrom, and any other information. necessary in connection with calculating the amount of Rebatable Arbitrage. In particular, the Issuer shall furnish to First Southwest Company the information set forth in Appendix B attached hereto. c. That the Issuer will inform First Southwest Company. of the retirement, prior to the scheduled maturity, of any' Obligations included under the scope of this Agreement within 30 days of such retirement. This notification is required to provide sufficient time to comply with Section 1.148-1(b)(3)(ii) of the arbitrage regulations which requires final payment of any Rebatable Arbitrage within 60 days of the final retirement of the Obligations. 2 Attachment C 5. In providing the services set forth in this Agreement, it is agreed that First Southwest Company shall not incur any liability for any error of judgment made in good faith by a responsible officer or officers thereof, unless it shall be proved that such error of judgment was a result of the negligence or willful misconduct of said officer or officers. First Southwest Company shall only be liable for penalty and interest resulting from such error of judgment. 6. The fee and expenses due to First Southwest Company in providing arbitrage investment rebate services shall be calculated in accordance with Appendix A attached hereto. The fees will be payable annually upon delivery of the report prepared by First Southwest Company for each Obligation during the term of the Agreement unless terminated earlier. Obligations Issued Subsequent to Initial Contract 7. The services contracted for under this Agreement will automatically extend to any additional financing obligations (including financing lease obligations) issued during the stated term of this Agreement, if such obligations are subject to the rebate requirements under Section 148(f)(2) of the Code. In connection with extending the scope of this Agreement to additional financing obligations, the Issuer agrees to the following: a. The Issuer will notify First Southwest Company of any financing obligations (including financing lease obligations) issued by the Issuer during any calendar year of this Agreement, and will provide First Southwest Company with such information regarding such other obligations as First Southwest Company deems necessary in connection with its performance of the arbitrage rebate services contracted for hereunder. b. At the option of the Issuer, any 'additional financing obligations issued subsequent to the execution of this Agreement may be excluded from the . services provided for herein. The Issuer must notify First Southwest Company in writing of their intent to exclude any specific financing obligations from the scope of this Agreement. Election to Pay Penalty in Lieu of Rebate 8. The services contracted for under this Agreement will automatically extend to any additional financing obligations issued during the stated tern of this Agreement, if an election was made (prior to delivery of the Obligations) to pay penalty in lieu of rebate for a qualified construction bond issue under Section 148(f)(2) of the Code: In connection with extending the scope of this Agreement to include computations of penalty, the Issuer agrees to the following: 3 Attachment C 1 3 a. The Issuer will notify First Southwest Company of any financing obligations issued by the Issuer during any calendar year of this Agreement for which a penalty election was made. The Issuer will provide First Southwest Company with such information regarding the investment and expenditure of such obligations as First Southwest Company deems necessary in connection with its performance of the penalty calculation services contracted for hereunder. b. At the option of the Issuer, any additional financing obligations issued subsequent to the execution of this Agreement may be excluded from the services provided for herein. The Issuer must notify First Southwest Company in writing of their intent to exclude any specific financing obligations from the scope of this Agreement. Effective Dates of Agreement 9. Tlus.:Qgreement {shall ,pecorne ve'919 'date °of'acceptance"by the Issuer as>set.,,out herein below~and remain,4 effect thereafter;<provided;;.however;,that this;~AgreementFinay be3termmated with _or wjthooVeause~by.ahe4ssuer~~or First Southwest Company upon thirty (30) days' written notice. In the event of such termination, it is understood and agreed that only the amounts due to First Southwest Company for services provided and expenses incurred to and including the date of termination will be due and payable. No penalty will be assessed for termination of this Agreement. In the event this Agreement is terminated prior to its stated term, all records provided to First Southwest Company with respect to the investment of monies by the Issuer shall be returned to the Issuer as soon as practicable. In addition, the parties hereto agree that upon termination of this Agreement First Southwest Company shall have no continuing obligation to the Issuer regarding any service contemplated herein. I• r • I i j 4 Attachment C Acceptance of Agreement 10. This Agreement is submitted in duplicate originals. When accepted by the Issuer, it,'together with Appendices A and B attached hereto, will constitute the entire Agreement between the Issuer and First Southwest Company for the purposes and the consideration herein specified. Acceptance will be indicated on both conies and the return of one executed copy to Fib Southwest Company. Respectfully submitted, FIRST SOUTHWEST COMPANY Authorized Representative Date 8 ' 3p'~3 5 Attachment C PLEASE CHOOSE AND EXECUTE THE APPROPRIATE OPTION ACCEPTANCE CLAUSE Acceptance Not Requiring Board Approval: The above and foregoing is hereby in all things accepted and approved by the on this the day of (Issuer's Name) ,19 . By Authorized Representative Title Acceptance Requiring Board Approval: The above and foregoing is hereby in allthings accepted and approved by the on this the c~r day of suer's Name) / - 19pursuant to the provisions- of ResehtHm No5_r 3 passed and approved by the Members of the on 19~ Secretary 6 t Attachment C APPENDIX A FEES The Obligations to be initially covered under this contract are: Closing Maximum Date Description Annual Fee 01/22/87 $500,000 • Certificates of Obligation, Series 1987. $2,000 02/24/87 $17,485,000 Utility System Refunding, Series 1987 $2,000 05/26/87 $3,500,000 General Obligation, Series 1987 $2,000 03/08/88 $3,600,000 General Obligation, Series 1988 $2,000 09106/88 $3,500,000 Utility System Revenue, Series 1988 $2,000 02/21/89 $3,615,000 General Obligation, Series 1989 $2,000 11/29/89 $20,000,000 Utility System Revenue, Series 1989 $2,000 11/29/89 $1,550,000 Certificates of Obligation, Series 1989A $2,000 04/07/92 $1,325,000 Certificates of Obligation, Series 1992 $2,000 04/07/92 $2,630,000 General Obligation, Series 1992 $2,000 04/07/92 $4,500,000 Utility System Revenue, Series 1992 $2,000 02/23/93 $1,450,000 Certificates of Obligation, Series 1993 $2,000 04/20/93 $2,975,000 General Obligation, Series 1993 $2,000 04/20/93 $6,575,000 Utility System Revenue, Series 1993 $2,000 As funds are expended and the time required to complete the annual computations decreases, First Southwest Company agrees to adjust the annual fee as follows: 7 Attachment C Electronic Minimum Data Transfer Transactions L Description Annual Fee Reduction 'Reduction (1) Construction and Reserve Fund $2,000 ($500) ($500) Construction Fund only $2,000 ($500) ($500) Reserve Fund only $1,000 ($250) $0 All Funds spent - reports issued $250 $0 $0 All Funds spent - no reports issued $0 $0 $0 (1) Fee reduction for annual calculations which involve ten (10) or fewer investment transactions per issue. The fees for the above-captioned Obligations will only be payable if a computation is required under Section 148(f)(2) of the Internal Revenue Code of 1986, as amended. In the event that any of the above-captioned Obligations, or any other Obligations added subsequent to the date of this Agreement, comply with an exclusion to the computation requirement as defined by Section 148 of the Internal Revenue Code or related regulations, the specified fee will be waived by First Southwest Company. For example, certain obligations are excluded from the rebate computation requirement if the proceeds are spent within specific time periods. In the event one of the above-captioned Obligations fulfill the exclusion requirements of the Internal Revenue Code or related regulations, the specified fee will be waived by First Southwest Company. The fee for Arbitrage Rebate Compliance Services of any additional obligations to be added to this contract shall be: $2,000 for each issue of General Obligation or Revenue bonds, regardless of issue size; $2,500 for each issue of Variable/Floating Rate bonds, regardless of issue size. The above fees are payable annually upon delivery of the report prepared by First Southwest Company, commencing-one year after the date of-delivery of the Obligations and on each computation date thereafter during the term of the Agreement, unless terminated earlier. The fees for computations of Rebatable Arbitrage which encompass more, or less, than one full year of investment data performed during the same computation period shall be prorated to reflect the longer, or shorter, period of work performed during that period. The fee for Arbitrage Penalty Calculation Services contracted for underthis Agreement shall be: $1,000 semiannually for each issue of bonds, regardless of the type of issue. 8' i Attachment C APPENDIX B INFORMATION REQUIRED TO PERFORM REBATE COMPUTATIONS The following information must be provided for each bond issue requiring an arbitrage rebate calculation. Most of this information can be accumulated at the time the bonds are issued and sent to First Southwest Company as part of the delivery of the bonds. We recommend that information related to investment activity be forwarded on a periodic basis. This will allow First Southwest Company to enter and review the investment detail in advance of the computation date required under federal law. In this manner, the time required to complete the computation and issue the related report can be reduced. For each bond issue, please obtain the following information to be sent to First Southwest Company: Copy of Official Statement for the issue. If no Official Statement is prepared on the issue, a copy of the bond resolution, indenture, ordinance or similar official transcript describing the issue will be needed. Copy of Winning Bid Form and Underwriter's Certificate as to Yields. This information is only required when the bond issue was sold on a competitive basis. If the sale was negotiated, the Final Official Statement normally provides the information required to properly compute the arbitrage yield. If the issue was sold competitively, the winning bid form and underwriter's certificate are needed to obtain information regarding the interest rates and initial offering yields to the public. Copy of Form 8038 . (Informational Tax Form). This form is normally prepared by bond counsel as part of the closing documents. A copy of this form must accompany any rebate payments filed with the Internal Revenue Service. Description of Funds created for the bond issue. To ensure that we have properly addressed the distribution of all funds and the, 'related arbitrage requirements, it is useful for us to obtain a description of the various funds created by the bond issue. In the official documents supporting the issuance of the bonds (e.g., Official Statement), there is normally a narrative section outlining the funds for which bond proceeds and other monies may be deposited. Copy of "No-Arbitrage Certificate." This certificate, although frequently called by another name, describes the federal tax law requirements the Issuer must follow to comply with various arbitrage laws. This document permits us to evaluate the specific tax compliance requirements established by Bond Counsel at the time the bonds were issued. 9. Attachment C Investment transaction information. The computation of the rebate amount for excess investment earnings requires very detailed investment records. In order for us to compute the rebate amount, it is necessary that you forward investment information which includes the following data: • Source of funds for purchasing the investment (e.g. Construction Fund, Reserve Fund, Debt Service Fund), • Description of security purchased, • Date purchased, • Maturity date, • Maturity value of security (par. value/face value), • Purchase price of security showing both the cost of principal as well as any accrued interest paid, • Coupon rate (Interest rate) and frequency of interest receipts, • Yield to maturity (required for discount securities), • Sale date, if sold prior to maturity, • Sales price of both principal and interest, if sold-prior to maturity. The best documentation available for the information listed above are copies of the actual trade confirmations provided when the security is purchased or sold. The trade confirmation should contain all of the information we will.require and should be the only documentation you would have to provide us. If trade confirmations are 'not available, or are too cumbersome to accumulate, your internal investment records would be sufficient for our purposes as long as the information described above can be obtained from your records. Bank Statements for Interest-Bearing Checking Account. In many situations, an interest-bearing checking account is used to hold maturing investments and miscellaneous fund balances until the proceeds are either reinvested or used on a specific project. The rebate computation requires that all funds related to a bond issue be tracked. It will be necessary therefore, for us to obtain the monthly bank statements related to any interest-bearing checking account in which bond proceeds or related funds were deposited. If you have questions as to what would be the best source of information in your situation, please do not hesitate to contact us. 10 Attachment D APPENDIX III AMENDED FEES First Southive st charges a fixed annual fee per issue. No hourly fees or *'hidden costs" are charged, as the fixed annual fee per issue includes all required analysis, calculation, ongoing support, periodic onsite visits and reports at fiscal year end and at interim IRS calculation dates. Determining the impact of possible future bond issues or refunding opportunities on the client's arbitrage liability is also provided at no additional cost. Arbitrage Compliance Services Fee Schedule - First Soutfivest's fee for arbitrage rebate services is based upon a fixed annual fee per issue. The annual fee is charged based upon the number of years that proceeds exist subject to rebate from the delivery- date of the issue to the computation date. The fee for each of the Bonds included in this contract shall be based on the table below. Annual Fee Calculation = Annual Fee less Electronic Data Submission Discount (if applicable). Additionally, clue to significant time saving efficiencies realized when investment information is submitted in an electronic format, First Southwest passes the savings to its clients by offering a 10% reduction in its fees if information is provided in a spreadsheet or electronic text file format. Payment terms: FirstSouthwest's fees are payable upon delivery of the reports. Description Annual Fee ANNUAL FEE $1,400 COMP HEN.SIhE A IT GE COMPLIANCE VERVICE.V INCL UDE: • Commingled Funds Analysis & Calculations • Spending Exception Analysis & Calculations • Yield Restriction Analysis & Calculations (for yield restricted Project Funds, Reserve Funds, Escrow Funds, etc.) • Paritti- Reseive Fund Allocations • Transferred Proceeds Calculations • Universal Cap Calculations • Debt Seivice Fund Calculations (including earnings test when required) INCLUDED • Preparation of all Required IRS Paperwork for Making a Rebate Payment / Yield Reduction Payment • Retention of Records Provided for Arbitrage Computations • IRS Audit Assistance • Deliven- of Rebate Calculations Each Year That Meets the Timing Requirements of the Audit Schedule • On-Site Meetings, as Appropriate, to Discuss Calculation Results / Subsequent Planning Items OTHER SERVICES AVAILABLE: IRS Refund Request - Update calculation, prepare refund request package, and assist issuer as $750 necessary- in responding to subsequent IRS Information Requests Commercial Paper Calculations - Per allocated issue $1,600 If a calculation only contains a Reserve Fund, the Annual Fee will be reduced to $750.00 47426-1 EXPLANATION OF TERMS: a. Computation Year: A *'Computation Year" represents a one year period from the deliveiv date of the issue to the date that is one calendar year after the deliveiv date, and each subsequent one-year period thereafter. Therefore, if a calculation is required that covers more than one "computation year" the annual fee is multiplied by the number of computation years contained in the calculation being performed. If a calculation includes a portion of a computation year, i.e., if the calculation includes 1 1/2 computation years, then the base fee will be multiplied by 1.5. b. Electronic Data Submission: The data should be provided electronically in MS Excel or ASCII text file (comma delimited text preferred) with the date, descriptions, dollar amount, and an activity code (if not in debit and credit format) on the same line in the file. c. Variable/Floating Rate Bond Issues: Special services are also required to perform the arbitrage rebate calculations for variable rate bonds. A bond is a variable rate bond if the interest rate paid on the bond is dependent upon an index which is subject to changes subsequent to the issuance of the bonds. The computational requirements of a variable rate issue are more complex than those of a fixed rate issue and, accordingly, require significantly more time to calculate. The additional complexity is primarily related to the computation of the bond yield, which must be calculated on a "bond year" basis. Additionally, the regulations provide certain flexibility in computing the bond yield and determining the arbitrage amount over the first IRS reporting period: consequently, increased calculations are required to determine which bond yield calculation produces the lowest arbitrage amount. d. Commingled Fund Allocations: By definitions. a commingled fund is one that contains either proceeds of more than one bond issue or proceeds of a bond issue and non-bond proceeds (i.e., revenues) of $25,000 or more. The arbitrage regulations, while permitting the commingling of funds, require that the proceeds of the bond issue(s) be "calved out" for purposes of determining the arbitrage amount. Additionally, interest earnings must be allocated to the portion of the commingled fund that represents proceeds of the issue(s) in question. Permitted "safe-harbor" methods (that is, methods that are outlined in the arbitrage regulations and, accordingly, cannot be questioned by the IRS under audit), exist for allocating expenditures and interest earnings to issues in a commingled fund. First Southwest uses one of the applicable safe-harbor methods when doing these calculations. 47426-1 Exhibit 1 ARBITRAGE REBATE COMPLIANCE SERVICES INVOICE DATE: 06/29/2010 INVOICE NUMBER: R11246 Projected Net Inv. Amt. Inv. Amt. Line Explanation Series Par Amount Current Fees Proposed Fees 1 UtiI Sys Rev Bds 1998 $ 7,175,000 $ 1,500 $ 1,260 2 UtiI Sys Rev Bds 1998A $ 36,795,000 $ 1,645 $ 1,386 3 UtiI Sys Rev Bds 1998B $ 7,640,000 $ 820 $ 820 4 UtiI Sys Rev Bds 2000A $ 51,085,000 $ 1,500 $ 1,260 5 GO Bds 2001 $ 14,245,000 $ 1,500 $ 1,260 6 UtiI Sys Rev Ref Bds 2001 $ 59,545,000 $ 1,500 $ 1,260 7 Cert of Oblig 2001 $ 12,120,000 $ 1,500 $ 1,260 8 UtiI Sys Rev Bds 2002A $ 56,710,000 $ 1,500 $ 1,260 9 GO Bds 2002 $ 12,075,000 $ 1,500 $ 1,260 10 Cert of Oblig 2002 $ 12,590,000 $ 1,500 $ 1,260 11 GO Ref Bds 2003 $ 8,080,000 $ 1,500 $ 1,260 12 Cert of Oblig 2003 $ 7,405,000 $ 1,500 $ 1,260 13 UtiI Sys Rev Ref Bds 2003 $ 50,180,000 $ 1,500 $ 1,260 14 Cert of Oblig 2004 $ 14,000,000 $ 485 $ 416 15 UtiI Sys Rev Ref Bds 2004 $ 24,850,000 $ 760 $ 760 16 GO Ref Bds 2004 $ 9,410,000 $ 1,925 $ 1,613 17 GO Bds 2005 $ 5,000,000 $ 1,500 $ 1,260 18 UtiI Sys Rev Ref Bds 2005 $ 53,845,000 $ 1,500 $ 1,260 19 Cert of Oblig 2005 $ 7,145,000 $ 1,500 $ 1,260 20 GO Bds 2006 $ 3,695,000 $ 1,500 $ 1,260 21 Cert of Oblig 2006 $ 12,665,000 $ 1,500 $ 1,260 22 UtiI Sys Rev Bds 2006 $ 8,515,000 $ 1,500 $ 1,260 23 UtiI Sys Rev Ref Bds 2007 $ 41,795,000 $ 1,500 $ 1,260 24 UtiI Sys Rev Bds 2007 $ 16,740,000 $ 1,500 $ 1,260 25 GO Bds 2007 $ 15,925,000 $ 1,500 $ 1,260 26 Cert of Oblig 2007 $ 11,445,000 $ 1,500 $ 1,260 27 GO Ref Bds 2007 $ 2,827,000 $ 1,500 $ 1,260 28 Cert of Oblig 2007A $ 7,065,000 $ 1,500 $ 1,260 29 GO Bds 2008 $ 7,300,000 $ 1,525 $ 1,285 30 Cert of Oblig 2008 $ 10,685,000 $ 1,525 $ 1,285 31 UtiI Sys Rev Bds 2008 $ 15,290,000 $ 1,520 $ 1,273 32 GO Ref Bds 2009 $ 7,525,000 $ 605 $ 517 $ 45,310 $ 38,335 AGENDA INFORMATION SHEET AGENDA DATE: December 7, 2010 DEPARTMENT: Transportation Operations ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, extending the term of a right of entry and possession dated March 3, 2009, as extended on May 5, 2009, as extended and expanded on June 23, 2009, as extended and expanded on September 1, 2009, as extended on September 15, 2009, as extended and expanded on September 22, 2009, as extended on November 3, 2009, and as extended on December 11, 2009 (as amended and extended, the "Right of Entry"), in favor of the Denton County Transportation Authority (DCTA) and authorizing DCTA to enter upon and take possession of certain real property of the City of Denton for the purpose of performing activities as described in the Right of Entry; and providing an effective date. BACKGROUND On March 3, 2009, the City of Denton granted a Right of Entry (ROE) to the Denton County Transportation Authority (DCTA) to allow access to the rail corridor owned by the City of Denton and expedite the constriction of the DCTA rail line. The ROE also included access to two parcels of property owned by the City of Denton located between Hickory Street in the north and Prairie Street to the south (Exhibit A in the Ordinance). The northern tract, between Hickory Street and Sycamore Street, will be utilized as the DCTA rail platform for the Downtown Denton station. The December 11, 2009 ROE, Ordinance 2009-308, extended the ROE for the two City owned parcels (Platform Property) until December 8, 2010, or upon the conveyance of the property to DCTA. DCTA and City of Denton staff anticipated the terms and conditions for the proposed conveyance of the Platform Property and requisite platting would be completed prior to the December 8, 2010, termination date set forth in Ordinance 2009-308. However, finalization of the agreement has been delayed due to considerations regarding adjacent property owners and street right-of-way concerns. The proposed amendment calls for the extension of the ROE to the Platform Property to April 8, 2011. This date should provide the necessary time for both parties to resolve the final details of the agreement and advance the conveyance of the Platform Property in the first quarter of Calendar Year 2011. PRIOR ACTION/REVIEW The original ROE outlined in Ordinance 2009-059, March 3, 2009, has been amended eight times previously and staff briefed the City Council on October 20, 2009, on the DCTA offer for the Platform Tracts and again on November 17, 2009. Agenda Information Sheet December 7, 2010 Page 2 FINANCIAL The proposed agreement will require DCTA to submit a sum of $10.00 to the City of Denton in consideration for the right of entry and possession. Respectfully Submitted: Marls Nelson Transportation Director Sall-ePW- Uocumeuts0M:~kWVMA ROE Rail Line f]Mioenre m (edh.. docx ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, EXTENDING THE TERM OF A RIGHT OF ENTRY AND POSSESSION DATED MARCH 3, 2009, AS EXTENDED ON MAY 5, 2009, AS EXTENDED AND EXPANDED ON JUNE 23, 2009, AS EXTENDED AND EXPANDED ON SEPTEMBER 1, 2009, AS EXTENDED ON SEPTEMBER 15, 2009, AS EXTENDED AND EXPANDED ON SEPTEMBER 22, 2009, AS EXTENDED ON NOVEMBER 3, 2009, AND AS EXTENDED ON DECEMBER 11, 2009 (AS AMENDED AND EXTENDED, THE "RIGHT OF ENTRY"), IN FAVOR OF THE DENTON COUNTY TRANSPORTATION AUTHORITY (DCTA) AND AUTHORIZING DCTA TO ENTER UPON AND TAKE POSSESSION OF CERTAIN REAL PROPERTY OF THE CITY OF DENTON FOR THE PURPOSE OF PERFORMING ACTIVITIES AS DESCRIBED IN THE RIGHT OF ENTRY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas is a Home-Rule City and a Municipal Corporation (hereafter "Grantor"), and claims an interest in and to the following described tracts of land: (a) All of that certain lot, tract, or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9, 1993, and filed on August 24, 1993, as Clerk No. 93- R0058485 in the Real Property Records of Denton County, Texas; as corrected by that certain Correction Quitclaim Deed, dated June 1, 2001, and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 02021; as corrected by that certain Correction to Correction Quitclaim Deed, dated June 28, 2001, effective June 13, 2001, and filed for record as Clerk No. 2001-R0076013 in the Real Property Records of Denton County, Texas (the "Rail Corridor"); and (b) a portion of that certain lot, tract or parcel of land described in that certain Deed Without Warranty from Union Pacific Railroad Company to the City of Denton, Texas, dated October 31, 2001, filed of record in Volume 4962, Page 2851, Real Property Records, Denton County, Texas and being depicted on Exhibit "A", attached hereto and made a part hereof for all purposes (the "Platform Property"). WHEREAS, the City of Denton, Texas quitclaimed the Rail Corridor to the Dallas Area Rapid Transit Authority ("DART") by Quitclaim (herein so called) dated on or about February 16, 2010; and WHEREAS, the Denton County Transportation Authority (hereafter "DCTA") has acquired or expects to acquire an easement or other rights in the Rail Corridor from DART, as successor in interest to the City of Denton, Texas, for the purpose of constructing, operating and maintaining DCTA's passenger rail line (the "Project") for approximately eight miles, extending southward through the City of Denton, and much of which tract lies within the City of Denton, Texas; and WHEREAS, DCTA expects to acquire fee simple title to the Platform Property from the City of Denton, Texas, for purposes related to the Project; and sAlegallour documents%ordinances1101dcta roe rail line ordinance no redline.docx WHEREAS, DCTA needs immediate possession of the Platform Property in order to prepare the Platform Property for DCTA construction activities, pending final negotiation of the terms of the sale of the Platform Property with the City of Denton; and WHEREAS, both the City of Denton and DCTA recognize the urgency of commencing construction on the Project as soon as is reasonably possible; and WHEREAS, on March 3, 2009 the City Council adopted Ordinance No. 2009-059 authorizing the execution of a Right of Entry to DCTA; and WHEREAS, on May 5, 2009 the City Council adopted Ordinance No. 2009-118 extending the expiration of the Right of Entry for a period of 30 days from the date of expiration set forth in Ordinance No. 2009-059; and WHEREAS, on June 23, 2009 the City Council adopted Ordinance No. 2009-149 expanding the scope of activities and extending the term of the said Right of Entry until September 8, 2009; and WHEREAS, on September 1, 2009 the City Council adopted Ordinance No. 2009-195 expanding the scope of activities and extending the term of said Right of Entry through September 15, 2009; and WHEREAS, on September 15, 2009 the City Council adopted Ordinance No. 2009-213 extending the term of said Right of Entry through September 22, 2009; and WHEREAS, on September 22, 2009 the City Council adopted Ordinance No, 2009-241 expanding the scope of activities and extending the term of said Right of Entry : through November 6, 2009, at 5:00 pm; and WHEREAS, on November 3, 2009 the City Council adopted Ordinance No. 2009-286 extending the term of said Right of Entry through December 14, 2009; and WHEREAS, on December 11, 2009, the City Council adopted Ordinance No. 2009-308 expanding the property covered by, and extending the term of, the Right of Entry to (1) as concerns the Rail Corridor, the earlier to occur of March 16, 2010, at 5:00 p.m. or the date of conveyance of the Rail Corridor from the City of Denton to DART, pursuant to that certain Contract of Sale, by and between the City of Denton and DART, dated on or about December 8, 2009; and (2) as concerns the Platform Property, the earlier to occur of December 8, 2010 and the date of the conveyance of the Platform Property from the City of Denton to DCTA pursuant to a Contract of Sale contemplated to be entered into between the City of Denton and DCTA; and WHEREAS, as a result of the Quitclaim of the Rail Corridor to DART, the Right of Entry has expired and terminated as to, and only as to, the Rail Corridor; and WHEREAS, the City Council deems it to be in the best interest of the City to extend the term of the said Right of Entry in favor of DCTA as set forth herein as concerns the Platform Property; NOW, THEREFORE, Page 2 of 3 sAlegallour documentslordinanccs1101dcta roe rail line ordinance no redllne.docx THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The term of the Right of Entry shall be extended, as concerns the Platform Property, to April 8, 2011. Upon the occurrence of the date described above, the Right of Entry shall terminate and be of no further force and effect. SECTION 2. The Right of Entry, pursuant to the terms thereof, expired and terminated as to the Rail Corridor as of February 16, 2010 SECTION 3. The authority granted DCTA pursuant to this Ordinance shall be conditioned upon DCTA's compliance with all applicable federal, state or local laws and regulations including, but not limited to, any and all City of Denton mandated standard requirements, procedures and processes for obtaining permits prior to the commencement of any activity authorized herein. Failure to comply with all such requirements, including the obtaining of required permits, prior to the commencement of such activities shall cause the immediate suspension of all authority granted DCTA pursuant to this ordinance and the Right of Entry. SECTION 4. Except as otherwise modified herein, the terms of the Right of Entry shall remain valid and subsisting, insofar as it covers the Platform Property, as originally provided, as amended and extended, as set forth in this Ordinance. SECTION S. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 3 of 3 ORDINANCE "EXHIBIT A" ATTACHMENT SHEET 1 OF 2 East Hickory Street N W +E S TRACT 1 w U Q CO Called 'Third Tract' r- Trinity Tank Car, Inc. CD Doc. ID No. 2007-6585 Real Property Records Denton County, Texas X O Q Q Q ~ CU U U Q Q East Sycamore Street .o w w U SCALE: 1" = 100' Q Downtown Denton - DCTA Right of Entry Conveyance Tract 4 November 2009 ORDINANCE "EXHIBIT A" ATTACHMENT SHEET 2 OF 2 N W E S East Sycamore Street o' w w U Q o Co 1 co (U O L v 25' Q ~ I 9 N Cu n 25, OD Cu I East Prairie Street I SCALE: 1" = 100' Downtown Denton - DCTA Right of Entry Conveyance Tract 5 November 2009 This page left blank intentionally . AGENDA INFORMATION SHEET AGENDA DATE: December 7, 2010 DEPARTMENT: Economic Development/Downtown Development All YT_ ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Tim Love, owner of Love BS 43, a Texas Limited Liability Company, from the Downtown Incentive Grant Program not to exceed $10,000; and providing for an effective date. (The Economic Development Partnership Board recommends approval 5-0). BACKGROUND Applicant: Tim Love City Council approved the Downtown Incentive Reimbursement Grant Program on April 3, 2007. The 2010-2011 program received $50,000 October 1, 2010. All funds are available at this time. PROJECT This project involves converting a barber shop to a restaurant, facade improvements, and impact fees and will add approximately 1,500 square feet of "conditioned" patio space, which may be used year-round. REQUEST The applicant requested $50,000 from the Downtown Task Force. The Economic Development Partnership Board (EDPB) recommends a $10,000 grant. The total cost of the project is $361,594. ELIGIBILTY This project is eligible under the following criteria: • Compatibility of design in relation to other buildings • Project compatibility with streetscape objectives • Project compatibility in relation to Downtown Development goals • Proximity to Courthouse-on-the-Square PRIOR ACTION The Downtown Development Task Force reviewed the application on October 21, 2010 and recommended a grant in the amount of $10,000. The motion included a request for a more detailed budget (included in backup), to be received prior to the EDPB meeting; the motion passed 15-0. The EDPB reviewed the grant application and budget on November 2, 2010 and recommends a grant in the amount of $10,000. 1 EXHIBITS Ordinance Agreement Prepared by: Julie Glover Economic Development Program Administrator Respectfully submitted: Linda Ratliff Director of Economic Development 2 llcodadldepartmcntsllegallour documentslordinances1101113 c. hickory love bs 43 ord.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING A GRANT APPLICATION FROM TIM LOVE, OWNER OF LOVE BS #3, A TEXAS LIMITED LIABILITY COMPANY, FROM THE DOWNTOWN INCENTIVE REIMBURSEMENT GRANT PROGRAM NOT TO EXCEED $10,000; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 3, 2007, the City Council approved a Downtown Incentive Reimbursement Program by Ordinance No. 2007-072; and WHEREAS, Tim Love applied for a $10,000 grant; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council of the City of Denton hereby approves the request from Tim Love for $10,000 from the Downtown Incentive Reimbursement Grant Program. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreement and to carry out the duties and responsibilities of the City, including the expenditure of funds as provided in the Agreement. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 52010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: c`kl umenbandset%in,gslcae]bTcM0CWsettings,,tEniFwraTY ntemetIles' ontent-outic,oMWIh3f3 rdk=reandagreementalgiml.doc DOWNTOWN REIMBURSEMENT !RANT INCENTIVE AGREEMENT This Downtown Reinvestment Grant Incentive Agreement (the "Agreements") is entered into by and between the City of Denton, `T'exas (the duly actin , herc;in by and through its Mayor, and, 'Firm Love, owner of Love I1 03, a 'Tcxls Limited Ltal?11zty Company, (the "bran- tcc"), duly authorized to do business and. i n good standing in the State of Texas, duly acting here- in by and through its authorized officer. WHEREAS, the City has adopted a resolution which provides that it elects to be eligible to participate in downtown reinvestment grant incentives and has adopted guidelines and criteria governing downtown reinvestment grant incentive agreements known as the Denton Downtown Reinvestment Grant Incentive Program; and WHERFAS, on the Ord tray of April, 2007, the City Council of Denton, Texas (thee "City Council") adopted the Denton Downtown Incentive. Reimbursement Prognun (the "program"), a copy of which is can file in the City of Denton Economic Development Office, and which is in- corporated herein by reference-, and. NVIIIMEA , the Denton; Downtovvn Incentive Reimbursement Program Policy consti- tutes appropriate "guidelines and critexia" governinn downtown reinvestment grant incentive agreements to be entered into by the City, and WHEREAS, Grantee will be a tenant, as of the Effec:ti%,e Jute (as hereinafter defined), which status is a condition precedent, of certain real property„ inore particularly described in Ex- hibit "A" attached hereto and incorporated herein by refereris1 and made part of this A.gree- rnent for all proposes (the "Premises") as of the Effective Date; and WI-WI A,S, on the P" day of }Scpi,ernber, 2010, Grantee submittal an application for reinvestment with various attachments to the City concerning the contemplated use of the Pre- mises (the "Application"), which is attached hereto and incorporated Ve in lay reference as Ex- hibit "B", and WHEREAS, the City Council finds that the contemplated use of the .Premises, the Con- templated Improvements (as trereinatfter defined) to the Promises as srt forth in this Agreement, and the other terms hereof are, conststelit With encoUraglnp tleveIotamcrlt in accordance with the. purposes and are in compliance NAtli the Ordinance and Progz and similar guidelines and cri- teria adopted by the City and all applicable law-; NOW, THEREFORE, the Cite and Grantee for and in cons dcnition of the premises and the promises contained herein do hereby contract, covenant, and agree as rollo s_ c tdocunments se n sS g ~b ellca~al scUingkW11par fnk-rnct G1vs', wn(c;d.ar9ool %,V I h3f3Wordin ce and agr=ncnt on nal,doe I. TERMS AND CONDITIONS OF FEIl MURSEMENT I A. In consideration of and subject to tltc Grantee meeting all the terms and condi- tions of reimbursement set forth herein, the City hereby grants the following reimbursement; 1. A. r6m urseincnt in an amount not to exceed $10,000 attributable to new capital investments, as hereinafter described, beihe constructed on the Premises. B. A condition of the Reimbursement is that, b March 7, 2011 subject to force majeure delays not to exceed. 180 day,i), a capital investment in the form of utility upgrades, fa- cade rebabilitations and adding aprroxirmately 1,=192 square feet of new conditioned space as de- scribed in Isxhihit "B" be constructed orr the Premises. For the ptirp-uses of this paragraph, the term "force majeure" shall mean any c•irctun.;ta ce or any condition l-,xcyond the control of Own- er, as set forth in Section I "Force Majeure" which makes it impossible to meet the above mentioned thresholds, C. The term "capital investment" is defined as the construction, renovation and equipping e of utility upgrades. fagade and new construction, as described in Exhibit "C" {the Improvements on the Premises", the "Contemplated Improvements" or "Improvements"} to in- elude costa related to the construction of the Trriprovernents on the Premises. D. A condition of the Pcimburscment is that th Contemplated Improvements be constructed and the Premises be used sub.:tantially in accordance with the description of the project set forth in Exhibit "B" E. Owner agrees to comply with all the term and cond tions set forth in this Agree- ment. II'. CONDITION OF R. IMR1JI6EM1-_ Ir A. At the time of the award of the R.eimhrursement, all ad valorem real property taxes with respect to said property owned within the, City shall be current. B. Prior to the award of Ih Rcirnbursernent, Grantee shall have constructed the Cap- ital irnprovernents as specified in Exhibit "B". M. RECORDS AND EVALUATION OF PROJECT A. The Grantee shall provide access and author°i/c inspection of the Premises by City employees and allow stiflicient inspection of financial information r;,lated to construction of the Improvements to insure that the Improvements are made anti the diresholc s are met according to the specifications and conditions of this Agreement. Such inspections shall be done in away that will not interfere with Granter's business operations. Page c l currents and settings4eaobrellacal ttings*mPMM intL,net tiles LcnntenterWIGOVlu I Mnanc and agmement ctigitaa[:desc . GENERAL PROVISIONS f A. The City has determitted that it has adopted guidelines and criteria for the Down- town Reimbursement Chant Incentive Prormini agreements for the City to allow it to enter into this Agreement containing the terms set forth herein. B. The City has determined that procedures followed by the City conform to the re- quirements of the Code and the policy, and have been and will b uudeilaken in coordination with Owner's corporate, public employee, and business relations requirements. I C. Neither the Premiises nor- any of the Improvements covered by this Agreement are owned or leased by any member of the City Council, any member of the City Planning and Zon- ing Cow-mission of the City, or any rneinber of the governing body of any taxing units joining in or adopting this Agreement.. D. In the event of any conflict between the City zoning ordinances, or other City or- dinances or regulations, and this Agreement, stjQb ordinances or regulations shall control. V. NOTICE All notices called for or required by this Agreement shall be addressed to the following, or such father party or address as either pater designated in writing, b certified mail postage pre- pare, by hand delivery or via facsimile:. GRANTEE: CITY: Tim Love George C. Campbell, City Manager Love Slack Burgers City of Denton 113 E. Hickory Street 215 East McKinney Denton, Texas 76201 Denton, Texas 76201 Fax No. 940.349.8 96 'I. CITY" COUNCIL AUTHOR ZAT ON Ibis Ageement was authorized by the City Council by passage of an enabling ordinance at its meeting on the 7`h day of Decemise'r. 20111, tuthurizin anent on behalf of the City, ag the Mayor to execute this Agree copy of: which is attached hereto and incorporated herein by refer- ence as Exhibit "D", Page c:ldncumenta and aettingslcagitbrcltocai setirrgs',wrnpni.a y intsl t Gleshwntenat_outlooklwjh3 E3goardinmce and ement onginal.doc VII. EVE ABIJLTT In the event any section, subsection, paragraph, Sentence, phrase or word is hold invalid illegal or unconstitutional, the balance of this Agreernent shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, para- graph, sentence, phrase, or Nvord. In the event that (i) the term of the Reimbursement with re- spect to any propcrty is longer than allowed by law, or (ii) the R imbursement. applies to a broader classiiication of property than is allowed by law, then the Reimbursement shall be valid with respect to the classification of property abated hereunder, and the portion of the term, that is allowed by law. VIII. 17 OWN _R STANDING Grantee, as a party to this Agreement, shall be deemed a proper and necessary party in any litigation questioning or challenging the validity of this Agireemlent or any of Lhe underlying ordinances, resolutions, or City- Council actions authorizing same and Grantee shall be entitled to intervene in said liti-gation, lx. APPLICABLE LAW This Agreement shall be construed under the laws of the State of Texas and is flatly per- formable in Denton County, Texas. Venue for any action under this Agreement shall be in Den- ton !County, I I N1 IRT, AGREEMENT This instrument with the attached exhibits contain the entire agreement between the ar- ties with respect to the transaction contemplated in this Agreement. p T. BINDING This Agreement shall be binding on the parties and the respective successors, assigns, heirs, and legal representatives, III. COUNTERPARTS This Aggreement may be exect,ted in counterparts, each of which shall be deemed an orig- inal, but all of which, together shall constitute one and the same instrument. Page 4 e:ldocuments and settingslcaagilbre\local SeWngstiertt"wy ntemct rjl slconi vnt. ordlocjk*1h3f3gM0rde'nence and ent or ginal.doc El. SECTION AND OTHER BEADINOS Section or other headings contained in this Agreement are for reference purposes only and shall not affect in any Way the meaning or interpretation of this Agreement, XIV. NO JOINT VENTURE Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the parties, and any implication to the contrary is hereby disavowed.. This Agreement may be modified by the parties hereto to include other provisions which could have originally been included in this Agreement or to delete provisions that were not orig- inally necessary to this Agreement. FORE JEURE If, bccausc of flood, ire, explosions, civil disturbances, strifes, war, acts of God, or outer causes beyond the control of either Party, either Party is not able to perform any or all of its obli- gations under this Agreement, then the respective Party's obligations hereunder shall be sus- pended during such period but for no longer than such period of time when the party is unable to perform. This Agreement is executed to be effective 30 days after the executed elate of the day of , 2010, (the ' E fl:ucLivo- Date") by duly authorized officials of the City and Owner. PASSED AND APPROVED this the . day of 2010. CITY QT= DENTON GORGE C. CAMPFIELL, CITY MANAGER Page Al I LS 1 A; I FR B :!'i'R()VFD,1.4TOI {x,' L r. BY: r I q, A T:' b!c Ei ~.r cAdocuntents Bud 5ettin9Mag0breVecat satin Uer orary inter w Meskontent.autlnck iv I h3 ngG' dinance and agmeme on grna@.doc STATE OFT XA COUNTY O D NTON this da Before me, the, undersiLmed authority, a Notary public in and for said State of Texas, on y personally appeared C eor e C. Campbell, City Manager for the City of Denton, known to me to be the person who signed and c eeuted the foregoing inArt-iment, and acknowledged to me that this instrument was executed for the purposes and consideration therein expressed. Given under my hand and seal of office this the day of 2010. Notary Public in and for the State of Texas My Commission Expires: PaL,lc 7 I .-.n ❑ irt~c! 7iY~Se0h11'n• null b'•,v i h.. - i, ua_ n i rOF I, A Ati L;efrsr m", tlt uiidcr,i,t u1 it.th riic'.:i tiJ~it r~: I~uNii: it nai f), S; id slat,. a1 J",i s, r;,rt y } p suII13i1} rel,l>ttiiJ] iill (;uc 61 •,rcc ],I owl) to IS,~ to r~u the p, rs~>n,~s~#~ii; gi ned and -v CUtuci the Into ;iiig in,frurnciil, mid ,,ckn =.I .1-cd u? nu: ihat diii imlmmenl cxcc-u1W Ji~r the j,irrl~n ~n,i t _i irr,rtin,it th~r; ul cr.nr ( ! vcn midur rn' band .it c uu;il r-l ,rllicc lids the 1 144) 0. 1 a t` t MAR,LYS JQr SPINDDP (,ti . ~i woreRreswix.9rATerxiFras ! ~t'_r ti!?li:, to it 1? t1. 11vi~~annmi si;ni f ;r;ires Page 8 Exhibit A :4[I that Fez t i 1 fors 6f la nd situated apart of the 1Vallram Neill S ey, Abstract No.1,7 t 11 City C`.oUnty of Denton state ofTm< s ;3' Block- ,19, C)riginif `Pu"vn. Of I)enxozJ, ra~~)rc: ;end being(,, ommonly kno%m as Puri of Lots Parti larl described a-s follows, to ~vit; BEG.rNi+,ITNG at the aarcztsecCinn of the North bouhdat~y ..boundary line of Ausin live (if Eastlickory tree mid rt Es1 Streetfc~rr.~erl knc~~~=rt as Ash Stt•wt); URKU North with the`Eag hUundary line Of Austin,Sti -et 117 feet a SbIke for THENCE Ea4t paralIal -With the 140rtla boundary comer; poz• cornea., liar of 1*ast Hic:koly Sftm~ I 1,-,~1 t'ect, a.take THENCE Booth parallel witli the,Fa;;t line of At. bo ~z~ eat i3 7 ~ for Omer i tj rdary.lime OfEA3t Hickory Stract; ra,;hcZMl ' -1`k ENCE Nest with the North boundary Iinc: of Fast likko ry Street 113- 1 (2 f e inaamg, being a Part ofwhat is gencrally k1lown as tlXI eet to llte Place o#" `I',. ~3: A,tr[at an Ella . JMc~ihenny lai;~. Q I F I UEJAMI of r DOWNTOWN INCENTIVE REIMBTJRSC NT GRANT PROCTrtA APPLICATION P10A$e rttt,rn cemPtutrtl -41, nece-5y11r-' ;mArlsmentis and signature uo nowntowo m%,oopniunt oif`icc, 213 x. Mei{lPtney no later than 5 p.m. on the Mooday pricer to tice I't'►' ednesdny of each manth. if you have any application queolorts,, WeAse contact the Downtown Project C=oordinator At 940.4149.7731. If you huge any building or sign permit/hisrorlr preservation yuwtiors, pleas` contact 4he Historic Preservation OM r at 940-349-773Z- # Applicant Nm me not, * Businm Namt ♦ Moiling Address • l cmtaet Pitone 1't . "'1 t t y1 tatI A ddrts+t • Iluilding owner (ifelti!oY n(frotn crppllc(rrrT~l- - IIIstoricnlltyu runt ilu i[ding Nami + ~1'ki: or' Wg,~ (cltatli (ill thrPt elid'~'1 Fnsadc RchabiliMlon Fa0do - Paint-only Awnings agtruge Impact Fie Upgrode 4 l~ctnll~ t,fT~I:ctrrt~t ltY9~rctiurt„cniy lcitlUnwttinwn It,utntl,ve ttan>irutscttent t*irnnit (t7lttlLH nr~cfitit,rrttl riiYth'I" IJ dtc 'n.1.Val Ai, FAA untrrorli'mjcul. arvId i'mp(vals and 't'otal Anu)unts (pleat+eattack o iginalproposals): 't'OMAL't.:OSP"OFIN oj,oski)PR(xrx(`.r;. 1Y AM1tCTIPN'~'4tt[,TtAt~r I~b:(~Pi~,~'EP1~S~°.~~~)~~°(e?"!'AT.~;(14"1'.A~Tf~k'i~)~ ~V fit[ lc N,tigrl kin 10 torn, _at ' c 13 A roch P f1h till required color sample ofpabitt, awls 's lealrrr ofhui(~'ftt~; :t' e0err'orf(rcrrde, r fOffif folm(t0110n rlrsi ~r, etc., a well r pYle t As lg+€rture - - l.1rt e i i SMmovieu l ftoftm moMn tmca~r+rx# UwA nvvaw APOW*ON "c AIR I of IIOWWFLLMIS PROJC-CTU>; prji-LX)~VN'rT)WNDLN'!'ON7 14'AT~.I r - -J) h Ami. I1i1I1CR'7' DETAIL. 1'R(OVI ECTF.xr$NDrMMn>~s ITVrivNl)4RFQl]Fsrxn APPLIC:AIN1'1.4%;F INDWS t7'I`AL FA1;ADH 1413HAt1 Of Uti() [you AWNINOSAMNS tTl' "IWO ATT,nC:1C 1axA[:1'Cr1Lrt1#,"s~n+aY1*'tnr(~I~Lt,A1t11vriiEli~LWlNat3+~',,r7~cx~x:ti,f:rr~,~,N11~r1'~4A~Ir1/Ca~t~1"TY65~1~FW~7A ~'t! tSr? i.6lF"1,1~i"L'13, PL~L~ IAf~7.[TE~F; r1S hit?CH I}r,T~~l. ~t$ Crst>'.SIULL+. ~:1&set~era! - ~c~,rMdw~,~ nb~s~t +y'~'~o..sk4c n of DOWNTOWN INaciNTi Ru MHURSEME T RANT .A►GREEAuNT FoRm Please rtlnrn eompittvi with necrRHarv Nttiachmentg and 5iRnntUre to tlolvgtown Development offlea, 215 E. Mckilirer+y no later than 5 p,m. on ttrc Monday prior 10 the r wednesdav or ch month, Iryots have may application questions, pleiise cortttta,t the L?owatown Project C'uorvdfnatnr at 940,349-7731. If you have pay b1tillhug or sign perrnit{hisroric presrrvn loo quesilons, please CQaLtt~t the Historic Preservation Officer at 940-349L7732. 1 have ttret with the Downtown Project CoorWnator, and i ftrtiy understand the Dowitown Incentive Reimbtlrtement Grant l mcedul'CS and DeNiIs e, stal)Iis)ied by the Denton City ouncl1. 1 hitinid to use this pint pro~7am for the afrclnt otioned ranowition pmjncta ro totwerd the efrorts or revitplization and historic preservation of Denton's t sforic downto t have not received, nor will l receive insurance monies for this roe=ilalization pr(jCCt. i have read the Downtown Incentive Relnlhur4ement Grant Aplification prtymfures inclutfin the Downto%" Incentive Reimbursement Grant Details. I turderstand that if t atn awarded a Dotvorown Incentive Reirnhtarscrrtent Grant by the bentrtl Cavity counvil, any tltsviation from She approved project may result in the partial or total withdrawal or the Downtown Incentive Rchribu Nement Brant. If I ain awarded a relnlhursemcat grant for FtVado, F~r%vnirtg or sign worse told the fagwfc, sigil or itwning is altvfcd Cur m(y rtmon within one (l) year from construction, Inlay he, wrttrired to mimbirrse the City of Denton irnmediately for the fitll tlll oont of the Downtown Incentive'ReImbiirsenienr ;rant. v L®rkS arli rrfttrra Wame .4 Ilan ' gjrntrtr~e ' f3 Merl Nrtme P - Date Starr"Trls Cl ' ner's d rrtafrr real tram a ~nlt~er tl f-11M A-14'1'tTr Date )Mft ature (obtain s4nramre rzt' 1r7, ° anectfn /ecru ineesd allon I)ttte LW PH Signature (obtain signature at 'D B rmeetin Ir) Tteen+ramcnalaatinrr Date Rshl~x~ivw ~wvmlQVevu~rG+w~P~~wuAfgamirmavkMne `r of ~5~ ~ rs•, ~ x e { t 'IOW WILT,17us MOJWT BBA7wrtl*Wmix)wN Dlwj )N ~S ~ IJ14A' ~a r , 7X1GE:T DR7"AF[. I'ROJPGTFX►T711}{IiJRY.5 CrrVFV WeMVft n ApP-lJ('A mj TOTAL T(1'P11C y,~ ~y r AWlV1N[L`~ISgitIl+l3 IMPACT CPP; _ 4A L)oo J T •I FUNIRApp {UIl (o X96 20000 A7TA(;N FacAt:r'ct>~r~u:tAhrl~4[S,)q[mL T{II3H~Xk`►1YLIs'l. Pl1'-n~IIfNf~.llTifih~ ~~''"sI~fK3d~4,1ti''I1C'®~,~Nt)1b~A~IW(D1q~~C~,~~1YA.~K i b~ares4r+or~a+~Aoc ANU t of 1~} Y fhJ ~t~~~ I'luse relttre Comptclrrl with Rom"" nttpohnentr and r na t4lsKfhney Inter ltutn s is tare to ~mvalt~wn bfivoromsnt oltt $is apPU tta s tta~,i#nnrw Pyre COMO Ike "awatoern~!'r to Me I ,►v ect C Qr~l daalytay of titch atit+rlliil I £ 3rbacs, Itmve may buildirn,gor atza P~rtlt+histortc g[°ttiserv~ti~ph butor at 94ea4g{1731. It y," h4Yq say ►-30-'7733. !guMform Phase ntak the Historic I ration a,r rt t have met with the Downum" P►oIM CMrdrtanror, and 1 rJ41Y UndoTstttnd the Dnwntotvn Incentive Rcitn ~ni Urttttt ~a+~urea and i3ataiiSE est~blislxxl by itxs 1]~trrh ~'ity Catutall, T lnfencl t4 tree bn'atit I f j for the afxxeat tlo[W renovation proje tS ro fnnvard Chia'01'forts Of revitaliEatlorr and hiStOttc Ptr7scrvar1an of Dentclrl'F h gturiu downtown. I have nett rcceived, rtor Wifl t rt:ceiVU insu►anee rnonlcs for tilts rov1t31izKi1)n pvt4pcl. 1 have react the Downtown Ineantlye lteimb nt O rant Application Procedures inolutling thu Downtown 111"Intive ftirrtbttr rnent Grant Details, I tteclerstatt$ Onit If f iun awaMed a Dowr►tnyrn Inowlive Rclnthurtoicnt :rant by the Denton City vuncil, tnrty deviE+tian from the mvcxl Ath Dfl~wnromi Incentive Refinhursement [unit. If Arn awarded a relt b►t r-ao m itrit ~,,~tn~lf~ fK.ado, is tog or Sim w+~rk anc) llre Cv, tri or SiglncEio i may tm or Etwning is altered rw- any r~rt within one (1) year fMM r4 m eRburseine a be uircti to rcirnbnrsr ztya Cdv +oftjenturt iMwedlately for the full amount of tlt4 Dow,nta'wn Irntive elttt nt Grant. 4.d>V rt' t1 ur~i2aaF'r >x Na "r rt from ,~,fi~mrfl PFIAMafNOML, mate ,07Fr1 Sy )r+u tr+a (,obtain st 1 "e at C~MPICeting) ReCtW ntendallon Dtrte M)li'lg6419111~Me 1(ablaiu B -!Wm ut UDPS meet! ng) A'~st4s»tlyd~rYar~ _ Dula , M.w h,op,~a.slew arw« 113 E. 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X91' Q. 4A LL `t+ UL LLI ~ _ #a w AGENDA INFORMATION SHEET AGENDA DATE: December 7, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Herman Lawson 349-7755 A~T ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Ten to the contract between the City of Denton and Thaten Constriction Inc.; providing for a refund of the expenditure of funds therefor; and providing an effective date (Bid 4336- Change Order Number Ten to Fleet Fueling and Trick Wash Facility in the amount of ($105,317) for a total contract award of $2,067,111.50). CHANGE ORDER INFORMATION Change Order Ten for Bid 4336 is refunding the Trick Wash equipment maintenance plan (Exhibit 1). The original contract with Thaten Constriction, Inc. contains a three-year maintenance agreement. By removing the three-year maintenance agreement in the total amount of $105,317, the City will benefit by saving an estimated $6,497 due to the removal of the mark up, bonding, and handling fees charged by Thaten Constriction, Inc. City staff will instead purchase a one-year maintenance agreement directly from the manufacturer, Belanger, which will no longer include the general contractor's added overhead cost. City staff believes that a direct agreement with Belanger will enhance the level of customer service when dealing with equipment failures and maintenance issues, which the general contractor does not handle. Furthermore, staff will purchase a one-year maintenance agreement rather than a three-year agreement in order to reduce the risk of holding an invalid three-year agreement should the manufacturer go out of business. The cost of the one year maintenance agreement is expected to be substantially less than the $105,317 cost of the three year agreement. However, since staff is still in the process of receiving quotes for this service, we cannot provide an exact cost for the one year agreement at this time. Future requests will be made to purchase a one-year maintenance agreement directly from the manufacturer of the trick washing equipment, Belanger, on an annual basis. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Bid 4336 was approved by Council on December 15, 2009 in the amount of $2,047,685 (Ordinance 2009-314). Change Order Number One in the amount of $26,876 was approved by (Ordinance 2010-094) on April 6, 2010. Change Orders Two through Nine in the total amount of $97,867.50 were smaller dollar amounts within the Purchasing Department's approval limits. Agenda Information Sheet December 7, 2010 Page 2 RECOMMENDATION Approve Change Order Ten in the amount of ($105,317) for a total contract award of $2,067,111.50. PRINCIPAL PLACE OF BUSINESS Thaten Constriction Inc. Sanger, TX ESTIMATED SCHEDULE OF PROJECT Constriction is estimated to be completed by December 6, 2010. FISCAL INFORMATION This Change Order will be refunded back into account 660521592. 13165.40100 in the amount of ($105,317). Purchase Order 147570 will be reduced upon Council approval. The total amount of the purchase order will be $2,067,111.50 once the revision is completed. EXHIBITS Exhibit 1: Change Order Number Ten Respectfully submitted: ~ y Antonio Puente, Jr., 349-7283 Assistant Director of Finance I AIS-Bid 4116 Change Order One Exhibit 1 m AIA Document G701TM -2001 Change Order PROJECT (Name and address): CHANGE ORDER NUMBER: 010 OWNER: City ofDenton Fleet Fueling and Truck DATE: 11/17/2010 ARCHITECT: Wash Facility 1251 South Mayhill Road CONTRACTOR: Denton, TX FIELD: ❑ TO CONTRACTOR (Name and address): ARCHITECT'S PROJECT NUMBER: 08665 Thaten Construction Inc. CONTRACT DATE: 12/15/2009 P04 147570 OTHER: ❑ PO Box 909 CONTRACT FOR: NEW FUEL AND TRUCK WASH Sanger, TX 76266 FACILITY THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) Truck wash maintenanc CHANGE %FLEET %'TRUCK 1. CREDIT TRUCK WASH EQUIPMENT MAINTENANCE 105,317.00 (0) -105,317.00 TOTAL CO N010 105,317.00 The original Contract Sum was $ 2,047,685.00 The net change by previously authorized Change Orders $ 124,743.50 The Contract Sum prior to this Change Order was $ 2,172,428.50 The Contract Sum will be decreased by this Change Order in the amount of $ 105,317.00 The new Contract Sum including this Change Order will be $ 2,067,111.50 The Contract Time will be increased by ZERO (0) days. The date of Substantial Completion as of the date of this Change Order therefore is 12/07/2010 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. TERRA-SOLVE, INC. THATEN CONST., INC. CITY OF DENTON ARCHITECT (Firm dame) CONTRACTOR (Firm name) OWNER (Firm name) 3216 COMMANDER DR., STE 103 PO BOX 909 1251 SOUTH MAYHILL ROAD CARROLLTON, TX 75006 SANGER, TX 76266 DENTON, TX ADDRESS Is ADDRESS l ,°3 A C BY (Signature) BY (Signature) BY (Signature) PERRY EVANS, PE, PG LINDA THATEN HERMAN LAWSON VICE PRF,STDENT (Typed name) (Typed name) (Typed name) I f--Z1 /--1 11/17/2010 DATE DATE DATE AIA Document G701- - 2001. Copyright @ 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. Thiq ALA' U.S. Co i€ D m, any _ _vere - I _ This documentwas produced by AIA software at 15:31:25 on 11/18/20 0 under Order No.0604538652_1 which expires on 01/1312011, and is not for resale. User Notes: (2020499792) ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER TEN TO THE CONTRACT BETWEEN THE CITY OF DENTON AND THATEN CONSTRUCTION, INC.; PROVIDING FOR A REFUND OF THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4336-FLEET FUELING AND TRUCK WASH FACILITY CHANGE ORDER NUMBER TEN IN THE AMOUNT OF ($105,317) FOR A TOTAL CONTRACT AWARD OF $2,067,111.50). WHEREAS, on December 15, 2009 by Ordinance No. 2009-314, the City awarded a public works contract to Thaten Constriction, Inc., in the amount of $2,047,685 for the Fleet Fueling and Trick Wash Facility; WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to the scope of work and an increase in the payment amount, and said change order fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Change Order Number Ten, decreasing the amount of the contract between the City and Thaten Constriction, Inc., which is on file in the office of the Purchasing Agent, in the amount of One Hundred Five Thousand Three Hundred Seventeen and no/100 ($105,317.00) Dollars, is hereby approved and the expenditure of funds therefore is hereby authorized in accordance with said change order. The total purchase order amount decreases to $2,067,111.50. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-()RD-Bid 4336 Change Order AGENDA INFORMATION SHEET AGENDA DATE: December 7, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management Jim Coulter 349-7194 A~T ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Bioxide for the City of Denton Wastewater Department, which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4574 - to Siemens Water Technologies Corp. in the amount of $2.14/gallon for an annual estimated amount of $60,000). (The Public Utilities Board approved this item by a vote of 5-0). FILE INFORMATION Bioxide is used by the Wastewater Department to retard the generation of odors in the collection system from the operation of the Hickory Creek, Denton West, and Hobson wastewater pumping stations. The annual expenditure for the purchase of Bioxide has been significantly reduced due to the introduction of the Vapex odor control unit located near Denton State School. The Vapex unit was placed into service in April 2007. Prior to the 2007-08 fiscal year, the approximate annual expenditure was $90,000. During the time since the Public Utilities Board (PUB) voted on this item, the actual annual expenditure during fiscal years 2008-2009 and 2009-2010 were determined to be $61,516.62 and $63,414.60, respectively. These prior year totals are slightly different from the amounts provided to PUB on November 8, 2010 due to the oversight of two invoices that should have been included in the totals. This is a sole source item that exceeds $50,000, which requires Council approval. Chapter 252 of the Texas Local Government Code exempts from the competitive bid process, those supplies and resources protected by copyright or patent and available from only one source. Siemens Water Technologies Corp. is the sole source vendor for Bioxide. A sole source letter verifying the patent numbers held by Siemens is included as Exhibit 1. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item on November 8, 2010. RECOMMENDATION Approve the purchase of Bioxide from Siemens Water Technologies Corp. in the amount of $2.14/gallon for an annual estimated award amount of $60,000. Agenda Information Sheet December 7, 2010 Page 2 PRINCIPAL PLACE OF BUSINESS Siemens Water Technologies Corp. Sarasota, FL ESTIMATED SCHEDULE OF PROJECT This annual estimated amount will cover the remainder of this fiscal year through September 30, 2011. FISCAL INFORMATION This purchase will be funded from account 640100.6334. A new line in the amount of $10,000 will be added purchase order 151100 upon approval by Council. EXHIBITS Exhibit 1: Sole Source Pricing Letter from Siemens Water Technologies Corp. Exhibit 2: Public Utilities Board Agenda Information Sheet and Draft Minutes Respectfully submitted: l Antonio Puente, Jr., 349-7283 Assistant Director of Finance I-.CIS-File 4574 Exhibit 1 SIEMENS City of Denton August 16, 2010 Rusty Willard Water Reclamation Superintendent 1100 Mayhill Rd Denton, TX 76208 Phone: 940-349-8601 Fax: 940-349-8613 E-Mail: Rus . Willard cit ofdenton.com Re: City of Denton, Texas - BIOXIDE® Products Sole Source Pricing FY 2010111 Dear Rusty: Siemens Water Technologies would like to thank you for your business over the years and we look forward to serving your odor control needs in the years to come. Due to the increasing costs of transportation (freight) and raw materials, we are proposing a slight price increase for this year. Our new delivered price for BIOXIDE® will be $2.14 per gallon. This price will take effect on October 1, 2010 and will remain firm through September 31, 2011. This price includes the use of the equipment that we are currently providing. The attached Siemens Water Technologies Temas of Sale are considered part of this proposal and shall prevail. Siemens Water Technologies is the sole source provider of Bioxide products (Bioxide, Bioxide-AQO, Bioxide® AE, Bioxide® Plus 71 and AQUIT® solutions). Related services that we offer to our customers are provided under the Full Service Odor Controls program. A license to use Bioxide products is included with the product sale. Patents that cover aspects of the use of Bioxide products include, but are not necessarily limited to, United States Patent Nos. 5,500,368, 6,309,597, 7,087,172 and 7,553,420 B2. Bioxide, Bioxide-AQ, Bioxide AE, Bioxide Plus 71, AQUIT and Full Service Odor Control are trademarks of Siemens Water Technologies. Thanks again for your business and we look forward to working with you in the years to come. If you have any questions or comments, or if I can ever be of service to you in anyway, please contact me at 512-581-2097 or via e-mail at joseyh.robertsonasiemens.com Sincerely, Joseph W. R,o 6ertson Joseph W. Robertson Technical Sales Representative Siemens Water Technologies Corp. 2650 Tallevast Road Tel: (941) 355-2971 Sarasota, FL 34243 Fax: (941) 351-4756 www.siemens.com/water Page 1 of 2 SIEMENS STANDARD TERMS OF SALE 1. Applicable Terms. These terms govern the purchase and sale of the equipment and related services, if any (collectively, "Equipment"), referred to in Sellers purchase order, quotation, proposal or acknowledgment, as the case may be ("Sellers Documentation'). Whether these terms are included in an offer or an acceptance by Seller, such offer or acceptance is conditioned on Buyer's assent to these terms. Seller rejects all additional or different terms in any of Buyer's forces or documents. 2. Payment Buyer shall pay Seller the full purchase price as set forth in Sellers Documentation, Unless Sellers Documentation provides otherwise, freight, storage, insurance and all taxes, duties or other governmental charges relating to the Equipment shall be paid by Buyer. ff Seller is required to pay any such charges, Buyer shall immediately reimburse Seller. All payments are due within 30 days after receipt of invoice. Buyer shall be charged the lower of 1 %%a interest per month or the maximum legal rate on all amounts not received by the due date and shall pay all of Seller's reasonable costs (including athmeys' fees) of collecting amounts due but unpaid. All orders are subjectto credit approval. 3. Delivery Delivery of the Equipment shall be in material compliance with the schedule in Sellers Documentation. Unless Sellers Documentation provides otherwise, Delivery terms are F.O.B. Seller's facility. 4. Ownership of Materials. All devices, designs (including drawings, plans and specifications), estimates, prices, notes, electronic data and other documents or information prepared ordisclosed by Seller, and ail related intellectual property rights, shall remain Sellers property. Sellergrants Buyera non-exclusive, non-transferable license to use any such material solely for Buyers use of the Equipment. Buyer shall not disclose any such material to third parties without Sellers prior written consent. 5. Cha_ , noes, Seller shall not implement any changes in the scope of work described in Sellers Documentation unless Buyer and Seller agree in writing to the details of the change and any resulting price, schedule or other contractual modifications. This includes any changes necessitated by a change in applicable law occurring after the effective date of any contract including these terms. 6. Warranty. Subject to the following sentence, Seller warrants to Buyer that the Equipment shall materially conform to the description in Seller's Documentation and shall be free from defects in material and workmanship. The foregoing warranty shall not apply to any Equipment that is specified or otherwise demanded by Buyer and is not manufactured or selected by Seller, as to which (i) Seller hereby assigns to Buyer, to the extent assignable, any warranties made to Seller and (ii) Seller shall have no other liability to Buyer under warranty, tort or any other legal theory, If Buyer gives Seller prompt written notice of breach of this warranty within 18 months from delivery or 1 year from acceptance, whichever occurs first (the "Warranty Period"), Seller shall, at its sole option and as Buyer's sole remedy, repair or replace the subject parts or refund the purchase price therefor. If Seller determines that any claimed breach is not, in fact, covered by this warranty, Buyer shall pay Seller its then customary charges for any repair or replacement made by Seiler. Seller's warranty is conditoned on Buyers (a) operating and maintaining the Equipmeri in accordance with Sellers instructions, (b) not making any unauthodzed repairs or alterations, and (c) not being in default of any payment obligation to Seller. Sellers warranty does not cover damage caused by chemical action or abrasive material, misuse or improper installation (unless installed by Seller). THE WARRANTIES SET FORTH IN THIS SECTION ARE SELLER'S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO SECTION 10 BELOW. SELLER MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE. 7, Indemnity. Seller shall indemnify, defend and hold Buyer harmless from any claim, cause of action or liability incurred by Buyer as a result of third party claims for personal injury, death or damage to tangible property, to the extent caused by Seller's negligence. Seller shall have the sole authority to direct the defense of and settle any indemnified claim. Seller's indemnification is conditioned on Buyer (a) promptly, within the Warranty Period, notifying Seller of any claim, and (b) providing reasonable cooperation in the defense of any claim. 0. Force Maieure. Neither Seller nor Buyer shall have any liability for any breach (except for breach of payment obligations) caused by extreme weather or other act of Gad, strike or other labor shortage or disturbance, fire, accident, war or civil disturbance, delay of carriers, failure of normal sources of supply, act of government or any other cause beyond such party's reasonable control. 9. Cancellation. If Buyer cancels or suspends its order for any reason other than Sellers breach, Buyer shall promptly pay Seller for work performed prior to cancellation or suspension and any other direct costs incurred by Seller as a result of such canceliabon or suspension. 10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SELLER'S TOTAL LIABILITY ARISING AT ANYTIME FROM THE SALE OR USE OF THE EQUIPMENT SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE EQUIPMENT. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY. 11. Miscellaneous. If these terms are issued in connection with a government contract, they shall be deemed to include those federal acquisition regulations that are required by law to be included. These terms, together with any quotation, purchase order or acknowledgement issued or signed by the Seller, comprise the complete and exclusive statement of the agreement between the parties (the "Agreement") and supersede any terms contained in Buyers documents, unless separately signed by Seller. No part of the Agreement may be changed or cancelled except by a written document signed by Seller and Buyer No course of dealing or performance, usage of trade or failure to enforce any term shall be used to modify the Agreement. If any of these terms is unenforceable, such term shall be limited only to the extent necessary to make it enforceable, and all other terms shall remain in full force and effect. Buyer may not assign or permit any other transfer of the Agreement without Sellers prior written consent. The Agreement shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws provisions. 12. Import Duties. Purchaser acknowledges that the price payable to Supplier for the goods and services described in this Proposal is exclusive of any duties, fees, taxes or other charges imposed by the U.S. Government on the importation of activated carbon into the United States, including without limitation any anti-dumping duties established in response to the petition "Certain Activated Carbon From The Peoples Republic of China" presented by Calgon Carbon Corporation and Norit Americas Inc. to the International Trade Administration of the U.S. Department of Commerce and to the U.S. International Trade Commission (US ITC Investigation No.731-TA-1103 (Preliminary) (such duties, fees, taxes or charges being referred to collectively herein as "Import Duties"). Should Supplier be required at any time to pay any such import Duties (either to the government or to Suppliers vendors) in connection with activated carbon delivered to Purchaser, Purchaser shall reimburse the full amount of such import Duties to Supplier promptly upon Purchasers receipt of Supplier's invoice for such Import Duties. Page 2 of 2 Exhibit 2 PUBLIC UTILITIES BOARD AGENDA ITEM #4 AGENDA INFORMATION SHEET AGENDA DATE: November 8, 2010 DEPARTMENT: Utility Administration lbvl- ACM: Howard Martin, 349-8232 SUBJECT Consider recommending approval of the expenditure of fiends for the purchase of Bioxide, which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding to Siemens Water Technologies Corp. for an annual estimated amount of $60,000. BACKGROUND Bioxide is used by the wastewater department to retard generation of odors in the collection system from the operation of the Hickory Creek, Denton West, and Hobson wastewater pumping stations. With the use of the Vapex odor control unit located in front of the Denton State School, the wastewater department has been able to reduce the use of Bioxide for odor control. Since the addition of the Vapex unit the Bioxide use has been reduced from an annual expenditure of over $ 90,000 down to about $50,000. For the last two fiscal years, the expenditure has been $4594734 and $55704.16. Chapter 252 of the Texas Local Government Code exempts from the competitive bid process, those supplies and resources protected by copyright or patent and available from only one source. Siemens Water Technologies Corp. is the sole source vendor for Bioxide. A sole source letter verifying the patent numbers held by Siemens is included as Exhibit 1. RECOMMENDATION Approve the purchase of Bioxide from Siemens Water Technologies Corp. for an annual estimated award amount of $60,000. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None AIS - PUB Agenda Item 44 November 8, 2010 Page 2 of 2 FISCAL INFORMATION The funds required for the purchase of Bioxide will be expended from the Wastewater Reclamation department's operations budget from account number 640100.6334. DATE SCHEDULED FOR COUNCIL APPROVAL November 23, 2010 EXHIBITS 1. Sole Source Letter from Siemens Water Technologies Corp Respectfully submitted: Jim Coulter Director of Water/Wastewater Utilities Prepared by: P. S. Arora, P.E. Assistant Director of Wastewater Utilities I DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 November 8, 2010 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, November 8, 2010 at 9:01 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton. 9 10 Present: Chair Dick Smith, Vice Chair Bill Cheek, Bill Grubbs, Phil Gallivan, and John 11 Baines 12 13 Ex Officio Member: 14 George Campbell, City Manager 15 Howard Martin, ACM Utilities 16 17 Absent: Barbara Russell, Randy Robinson excused 18 19 OPEN MEETING: 20 21 CONSENT AGENDA: 22 23 The Public Utilities Board has received background information, staff's recommendations, and 24 has had an opportunity to raise questions regarding these items prior to consideration. 25 26 4) Consider a recommendation of an approval of the expenditure of funds for the purchase of 27 Bioxide, which is available from only one source in accordance with the pertinent provisions 28 of Chapter 252 of the Texas Local Government Code exempting such purchases from the 29 requirements of competitive bidding to Siemens Water Technologies Corp. for an annual 30 estimated amount of $60,000. 31 32 33 Board Member Gallivan moved to approve item 4 with a second from Board Member 34 Grubbs. The motion was approved by a 5-0 vote. 35 36 37 Adjournment was at 9:21 a.m. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF BIOXIDE FOR THE CITY OF DENTON WASTEWATER DEPARTMENT, WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PERTINENT PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 4610-TO SIEMENS WATER TECHNOLOGIES CORP. IN THE AMOUNT OF $2.14/GALLON FOR AN ANNUAL ESTIMATED AMOUNT OF $60,000). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 4574 Siemens Water Technologies Corp. $60,000.00 SECTION 2. The City Council hereby finds that this bid, and the award thereof, constitutes a procurement of items that are available from only one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids. SECTION 3. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 4. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 4-ORD-File 4574 AGENDA INFORMATION SHEET AGENDA DATE: December 7, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to David Saltsman 349-7247. ACM: Jon Fortune SUBJECT Consider adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) Program for the purchase of six new roof top heating, ventilating, and air conditioning (HVAC) units for City of Denton South Branch Library and one roof top HVAC unit for City of Denton City Hall East as awarded by the State of Texas Building and Procurement Commission (Contract TXMAS-10-03FAC070); providing for the expenditure of funds therefor; and providing an effective date (File 4615 - Roof Top HVAC Unit Replacement awarded to Brandt Engineering, in the amount of $260,655). FILE INFORMATION The heating, ventilating, and air conditioning (HVAC) units located at South Branch Library and City Hall East (Customer Service) were scheduled to be replaced in 2006. The South Branch Library units are more than fifteen years old and have become increasingly costly to maintain due to their age. The current units are located in the ceiling throughout the Library. While the units are being inspected or repaired, Library patrons and employees are disrupted by the maintenance personnel performing their tasks. The new units will be placed on the rooftop of the Library, therefore, decreasing the intrusion with the patrons inside the building. The Customer Service unit is more than ten years old and has also become more costly to repair. This unit is also unable to meet the peak demand during the warm summer months. The benefits that would be achieved from replacing the seven units include lower maintenance costs, higher energy efficiency, and less disruption to library patrons and employees during preventative maintenance and repair work. The replacement project will consist of disconnecting, dismantling, and disposal of six split system units and one roof top unit. These units will be replaced by the vendor providing, assembling, and installing new units. A structural engineer will confirm that there are appropriate structural supports for each unit. The contract contains a one year parts and labor warranty on workmanship and materials and a five-year warranty on the compressor. RECOMMENDATION Award to Brandt Engineering in the amount of $260,655. Agenda Information Sheet December 7, 2010 Page 2 PRINCIPAL PLACE OF BUSINESS Brandt Engineering Carrollton, TX ESTIMATED SCHEDULE OF PROJECT The estimated completion date is June 1, 2011. The TXMAS contract awarded to Brandt Engineering will expire on March 30, 2015. FISCAL INFORMATION This project will be funded from account 100155461.1365.40100. Requisition 100894 has been entered in the Purchasing software system. Respectfully submitted: l Antonio Puente, Jr., 349-7283 Assistant Director of Finance I-.CIS-File 4615 Exhibit 1 QUOTATION October 12, 2010 City of Denton Denton, Texas Attn: David Saltsman Re: City of Denton - HVAC for South Branch Library, TXMAS Contract #10-03FAC070 Dear Mr. Saltsman, Per your request Brandt Engineering is pleased to offer the following pricing to provide mechanical support on the above referenced project. Our scope of work is based upon our site visit with you. Our specific scope of work is as follows: • Demo and removal of the existing (6) dx split systems • We shall then contract a structural engineer as to the layout of the new unit locations on the roof • Provide and install new structural supports as required to provide support of the new Rooftop units • Assembly and installation of (6) new roof curbs into the existing roof system • Provide and install (6) new Rooftop air conditioning units with electric heat • Provide all required sheet metal ductwork transitions from the new units to the existing ductwork in the building • Provide and install new electrical service for the rooftop units as required • Provide all required rigging for our scope of work • Provide and install new condensate drains from the new rooftop units to a drain • Provide and install new thermal insulation as required • Provide and install (6) new thermostats and wire to the new units • Provide 1 year parts and labor warranty of materials, equipment and workmanship provided by Brandt. • Provide daily and final cleanup of all trash and debris generated by Brandt during construction. • Provide all required permits • Roofing is included • Warranty: 1 Year parts and labor, 5 Year Compressor We propose to provide all labor, tools material, equipment, supervision to perform the above stated scope of work for the lump sum total of: $ 170,374.00 AUSTIN DALLAS FORT WORTH SAN ANTONIO WACO 1340 Airport Commerce Dr., Suite 575 1728 Briercroft Court 2502 Gravel Drive 6023 Corridor Pkwy., Suite 100 1100 Jewell Drive Austin, TX 78741 Carrollton, TX 75006 Fort Worth, TX 76118 Schertz, TX 78154 Waco, TX 76712 512.491.9100 972.395.6000 817.626.0033 210.599.6120 254.772.1693 Add for Payment and Performance 3,513.00 Total with Bond 173,887.00 We exclude: Premium Time Sales tax Controls not mentioned above Test and balance of the entire duct system associated with these Rooftop units Warranty on existing equipment Concrete pads Painting and patching Fire dampers Repairs to the existing equipment or controls Hazardous material abatement Fire alarm interlocks Bonding (available upon request) We appreciate your consideration of our firm and look forward to working with you. Please do not hesitate to contact me directly should you have any questions or concerns. Thank you, IG;~ Craig Whaley ECO Services Brandt PHONE 972.395.6185 CELL 214.587.9573 brandteng.com AUSTIN DALLAS FORT WORTH SAN ANTONIO WACO 1340 Airport Commerce Dr., Suite 575 1728 Briercroft Court 2502 Gravel Drive 6023 Corridor Pkwy., Suite 100 1100 Jewell Drive Austin, TX 78741 Carrollton, TX 75006 Fort Worth, TX 76118 Schertz, TX 78154 Waco, TX 76712 512.491.9100 972.395.6000 817.626.0033 210.599.6120 254.772.1693 QUOTATION October 12, 2010 City of Denton Denton, Texas Attn: David Saltsman Re: City of Denton - HVAC for City Hall, TXMAS Contract #10-03FAC070 Dear Mr. Saltsman, Per your request Brandt Engineering is pleased to provide our proposal for mechanical and elec- trical support on the above referenced project. Our scope of work is based upon our site visit with you. Our specific scope of work is as follows: McQuay Roof Top Unit Replacement • Provide and install (1) McQuay Dx Roof Top Unit • Disconnect, dismantling and removal of the (1) existing RTU • Receive, offload and dismantling of the (1) new RTU and prepare for installation • Provide all required rigging to remove the existing RTU and installation of the (1) new RTU, Brandt is not responsible for damage to the road, driveways, curbs or underground utilities. • Installation of the (1) new RTU on a weekend • Provide and install all required electrical disconnects and reconnects • Provide startup for the new RTU • Provide (1) year parts and labor warranty on workmanship and materials • Provide a (5) year extended warranty on Compressors • Provide a (1) year extended warranty on all parts in the RTU Brandt Engineering is a mechanical, electrical and plumbing solutions provider. We provide engineering design and analysis, new construction, upgrades, retrofits, and maintenance service to a variety of clients, from our offices in Dallas, Fort Worth, Waco, Austin and San Antonio, Texas. (For additional in- formation see www.brandteng.com.) We propose to provide all labor, tools material, equipment, supervision to perform the above stated scope of work for the lump sum total of: $ 84,984.00 AUSTIN DALLAS FORT WORTH SAN ANTONIO WACO 1340 Airport Commerce Dr., Suite 575 11245 Indian Trail 2502 Gravel Drive 6023 Corridor Pkwy., Suite 100 1100 Jewell Drive Austin, Tx 78741 Dallas, Tx 75229 Fort Worth, Tx 76118 Schertz, Tx 78154 Waco, Tx 76712 512.491.9100 972.241.9411 817.626.0033 210.599.6120 254.772.1693 TACLA 276290 TACLA 0004680 TACLA 20707E TACLA 000745C TACLA 000430C TELL 20109 TELL 20109 TELL 20109 TELL 20109 TECL 20109 Add for Performance Bond 1,784.00 Total with Bond 86,768.00 We exclude: Repairs to existing equipment or controls Warranty on existing equipment Any additional code upgrade items not mentioned above Fire alarm interlocks Fire and Smoke Detectors Hazardous material abatement Bonding (available upon request) Sales tax We appreciate your consideration of our firm and look forward to working with you. Please do not hesitate to contact me directly should you have any questions or concerns. Thank you, Craig Whaley ECO Services Brandt PHONE 972.395.6185 CELL 214.587.9573 brandteng.com AUSTIN DALLAS FORT WORTH SAN ANTONIO WACO 1340 Airport Commerce Dr., Suite 575 11245 Indian Trail 2502 Gravel Drive 6023 Corridor Pkwy., Suite 100 1100 Jewell Drive Austin, Tx 78741 Dallas, Tx 75229 Fort Worth, Tx 76118 Schertz, Tx 78154 Waco, Tx 76712 512.491.9100 972.241.9411 817.626.0033 210.599.6120 254.772.1693 TACLA 276290 TACLA 000468C TACLA 20707E TACLA 000745C TACLA 000430C TELL 20109 TELL 20109 TELL 20109 TELL 20109 TECL 20109 ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT UNDER THE TEXAS MULTIPLE AWARD SCHEDULE (TXMAS) PROGRAM FOR THE PURCHASE OF SIX NEW ROOF TOP HEATING, VENTILATING, AND AIR CONDITIONING (HVAC) UNITS FOR CITY OF DENTON SOUTH BRANCH LIBRARY AND ONE ROOF TOP HVAC UNIT FOR CITY OF DENTON CITY HALL EAST AS AWARDED BY THE STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION (CONTRACT TXMAS-10-03FAC070); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4615 - ROOF TOP HVAC UNIT REPLACEMENT AWARDED TO BRANDT ENGINEERING, IN THE AMOUNT OF $260,655). WHEREAS, pursuant to Resolution 92-019, the State of Texas Building and Procurement Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the Building and Procurement programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 4615 Brandt Engineering $260,655 SECTION 2. By the acceptance and approval of the above numbered items set forth in File 4615, the City accepts the offer of the persons submitting the bids to the Building and Procurement Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Building and Procurement Commission, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Building and Procurement Commission, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Building and Procurement Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 12010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 4-ORD-File 4615 AGENDA INFORMATION SHEET AGENDA DATE: December 7, 2010 DEPARTMENT: City Manager-Administration ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute a First Amendment to Professional Services Agreement with Freese and Nichols, Inc. to provide a traffic operations study for the Downtown Implementation Plan for the City of Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective date (First Amendment in the not-to-exceed amount of $90,000; aggregating $114,000). BACKGROUND Freese & Nichols was retained to provide an operational analysis of the proposed roadway modifications included in the DTIP consultant report. This operational analysis will result in establishing street sections for the roadways in the Downtown Implementation Plan (DTIP) area that meet the intent of the DTIP consultant report. This will then lead to the Mobility Plan amendments in the DTIP area, and also adoption of the Form Based Code. The operational analysis was initially envisioned to be conducted in three phases as below; • Phase 1 - Qualify and Quantify Pass-Through Traffic using Locust and Elm Streets • Phase 2 - Evaluate Potential North-South Traffic Diversions Away from Downtown • Phase 3 - Evaluate Impact of Proposed Downtown Street Modifications The Phase 1 study was completed in October-November at a cost of $24,000. Traffic counts were conducted at eight locations using video equipment during morning, and evening peak hours and also from 10 am to 11 am (Exhibit 2). The 24-hour traffic count was also done. The intent of the Phase 1 study was to determine what percentage of the traffic using Elm and Locust Streets is destination traffic and what percentage is through traffic. The idea being that the through traffic will need to be routed away from the downtown core to other north-south streets, as the street sections are modified to create more friction to slow down the traffic in this area. The analysis of the traffic count data showed that the amount of through traffic is not substantial, and thus did not merit a separate Phase 2 study to determine rerouting of this through traffic. As such, Phase 2 was eliminated, and the accommodation of this through traffic was blended into the analysis of traffic operations to evaluate the impact of the proposed DTIP street modifications. The following streets will be analyzed for traffic operations analysis; • Hickory Street • Oak Street • Locust Street • Elm Street • Sycamore Street • Mulberry Street • Mews streets (Walnut, Austin, Pecan and Cedar Streets) • Carroll Boulevard • Bell Avenue • McKinney Street • Industrial Street A summary of the detail elements of this analysis are as below; • Collect Data on Existing Roadway Geometrics and traffic volumes to assess the current conditions • Evaluate Proposed Street Sections compared to the existing conditions block by block for ease of implementation • Categorize the recommended improvements and anticipated changes in development into three stages for analysis: Short Range (1 to 3 years), Medium Range (3 to 10 years) and Long Range (assume build- out of concept in 20 years). • Develop traffic volumes for the three stages, and analyze future operations for Motor Vehicles, Transit, Bicyclists and Pedestrians • Based upon the results of the analysis, identify significant traffic, safety and mobility issues with the proposed street modifications, if any, and develop concepts for refinements as needed, to the proposed street modifications in the DTIP to affect adequate traffic operations • Submit a Final Report that will provide the basis for street section modifications in the DTIP area. The estimated cost of this phase of the traffic operations study is estimated at $90,000. The Freese & Nichols Scope of Work and the Cost Estimate is included in Exhibit 3. OPTIONS 1. Approve the proposed amendment to the Professional Services Agreement. 2. Deny approval of the proposed amendment to the Professional Services Agreement. 3. Table for future consideration RECOMMENDATION Staff recommends approval of the proposed amendment to the Professional Services Agreement. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION $150,000 is budgeted for funding the Operational Analysis of DTIP Roadway Modifications in Account Number 300026453. EXHIBITS 1. First Amendment to Professional Service Agreement with attachments 2. Ordinance Respectfully submitted: Jim Coulter Director of Water/Wastewater Utilities Prepared by: P. S. Arora, P.E. DRC Engineering Administrator THE STATE OF TEXAS § COUNTY OF DENTON § FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WHEREAS, a "Professional Services Agreement for Architect or Engineer" (hereafter the "Agreement") was entered into on the 27th day of September, 2010, by and between FREE SE AND NICHOLS, INC. (hereafter "CONSULTANT" or "DESIGN PROFESSIONAL"), a Corporation, acting by and through its duly empowered officers and representatives; with its corporate offices at 4055 International Plaza, Suite 200, Fort Worth, Texas 76109-4895; and the CITY OF DENTON, TEXAS, a Texas municipal corporation, acting by and through its duly authorized and empowered Purchasing Agent (hereafter "OWNER") within her delegated authority, and which Agreement provided for certain necessary licensed professional architectural and engineering services, with expenditure authority at not-to-exceed $24,000; and both CONSULTANT and the OWNER have each now resolved and agreed that the Agreement should proceed to Phase 2, and be continued and expanded and amended as to certain provisions, to wit: NOW, THEREFORE, in consideration of the covenants and agreements herein contained, CONSULTANT and the OWNER mutually agree to amend the Agreement by this "First Amendment to Professional Services Agreement" (hereafter the "First Amendment'), as the scope of services to be rendered by CONSULTANT to the OWNER has been increased by the sum of $90,000 in additional professional architectural and engineering fees, increasing the amount of this engagement from $24,000, the amount of the Agreement, to a total of not-to- exceed $114,000; this amendment provides for an expansion of the professional services to be rendered by CONSULTANT, as set forth in that certain "Scope of Work - Operational Analysis of DTIP Roadway Modifications - Phase 2," which Scope is attached hereto as Exhibit "'I", and is incorporated by reference herewith. SECTION 1. EMPLOYMENT OF DESIGN PROFESSIONAL In addition to the original scope of services attached to the Agreement executed on September 27, 2010, there is an additional scope of services document that is attached hereto as Exhibit "'I" which is incorporated herewith by reference. The CONSULTANT shall perform those additional professional architectural and engineering services as contained in Exhibit attached hereto. To the extent that any of the conditions in said original Agreement have changed, then the conditions on Exhibit "'I" shall be applicable. All other provisions of Section 1 of the Agreement shall remain intact and in full force and effect. SECTION 2. BASIC SERVICES For Basic Services the total compensation in this First Amendment shall be instead be an additional $90,000, totaling a not-to-exceed $114,000 fee for the professional architectural and engineering services. 1 SECTION 3. OTHER ATTACHMENTS TO FIRST AMENDMENT Other attachments to the First Amendment include the "DTIP Boundary" (Downtown Implementation Plan) document as Exhibit 1; as well as a map showing the area of the City that will be involved in the analysis, as Exhibit 2; there is also a "DTIP Traffic Impact Assessment - Detailed Cost Breakdown" attached as Exhibit 4. These three attachments are incorporated by reference herein. SECTION 4. ENTIRE AGREEMENT The First Amendment includes the executed Professional Services Agreement, executed September 27, 2010 together with this First Amended Agreement. The First Amendment also includes the City of Denton General Conditions to the original Agreement for Architectural or Engineering Services. The First Amendment also includes the Insurance Requirements that are attached to the original Professional Services Agreement for Architect or Engineer. SECTION 5. AMENDED AGREEMENT Save and except as amended hereby, all of the remaining clauses, sentences, paragraphs, sections and subsections of the Professional Services Agreement for Architect or Engineer, heretofore executed on the 27th day of September, 2010, shall remain in full force and effect. This First Amendment shall be executed in four originals. SIGNED AND DATED by the duly-authorized representatives and officers of the parties hereto effective on the day of 12010. "OWNER" CITY OF DENTON, TEXAS A Texas Municipal Corporation By: GEORGE C. CAMPBELL CITY MANAGER 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r~ By: "CONSULTANT" FREESE AND NICHOLS, INC. A Corporation By: ATTEST: By: DTIP Boundary Exhibit 1 ~ a a ❑ w - - - - - Q TEXAS O q z o FEI USON w z > LLJ CL 0 PANHANDLE HANN a - WITHERS O I Q m r _ [C Q z Q PAISLEY Z I MARSHAL - EGA~ PAULINE CONGRESS O ❑ LE R BARBER O w 401 i; BANNE! ii a I ~ ULAND r LL a r - w UCAND KENT v 'EAR11 J Moffm mot, I PECAN CKMiEY QJ LU - OAK OI U m ~ ---l . ow w 0 ~i- - HICK9RY w I WALNUT L ~ z O MULBERRY - - O -LLJ N X w a a F J ~ ❑ J z y a v r SIROU❑ ~ z w J U 0 w_ PRAIRfE EL z ❑ w w z ❑ > WARREN Q Y g Q 0 250 500 1,000 Feet Exhibit 2 17 14L SS} - ~ t 1 r' 1. tic: s . w. ~rg1[ 3 M f 1 . ff ,./~A I~ ((~•_A~f1f1 .'nor I Legend r~-fl 3 = License Plate Capture w. ' - All 24-hr Traffic Count Exhibit 3 Scope of Work Operational Analysis of DTIP Roadway Modifications Phase 2 Phase 2 - Evaluate Impact of Downtown Implementation Plan Proposed Street Modifications Freese and Nichols will analyze anticipated operational conditions for motorized vehicles, bicyclists and pedestrians for the streets/highways proposed for modification to the existing street lane provisions in the DTIP. The following streets will be assessed: • Hickory Street • Oak Street • Locust Street • Elm Street • Sycamore Street • Mulberry Street • Mews streets (Walnut, Austin, Pecan and Cedar Streets) • Carroll Boulevard • Bell Avenue • McKinney Street • Industrial Street Task 2A. Collect Data on Existing Roadway Geometrics and Volumes. Assess the current conditions for the roadways proposed in the DTIP for modification to the existing street lane provisions. • Traffic data will be collected for the AM and PM peak hours and the noon hour to the anticipated influence area of the analysis. Counts will be scheduled when DISD, UNT and TWU are all in session and on a normal Tuesday, Wednesday, or Thursday. Coordinate efforts with Task 2B. • Geometric information will be gathered from city-provided planimeterics, aerial photographs and supplemented by field measurements as needed. Task 213. Evaluate Proposed Treatments for Ease of Implementation. Compare the current cross section of each street, block by block, to that proposed in the DTIP and identify issues that will need to be addressed for implementation, such as street width, sidewalk widths, ROW width, storefronts, street furniture, and trees wells. If there is a possible need for additional ROW to facilitate the proposed cross-sections, city staff input will be requested regarding any existing or possible historical issues. Assess truck and bus turning and loading issues relative to localized situations and pass-through traffic for the proposed cross- sections. Task 2C. Identify Three Stages of Implementation for Treatments. Categorize the recommended improvements and anticipated changes in development into three stages for analysis: Short Range (1 to 3 years), Medium Range (3 to 10 years) and Long Range (assume build-out of concept in 20 years). Task 2D. Develop Traffic Volumes for Analysis of the Treatments in the Three Stages. For the recommended development densities proposed in the DTIP, establish trip generation, mode split, and traffic distributions to/from each and determine additional peak hour trips that will be generated to/from each, based upon the ultimate build-out. Then determine trip assignments to/from the alternate streets via the existing street system. Use the redistributed traffic from the proposed conditions plus the new trips from the various traffic zones. For the ultimate build-out, and using the modal split assumptions, estimate the pedestrian volumes on selected critical roadway links at critical times of the day. Task 2E. Analyze Future Operations for Motor Vehicles, Transit, Bicyclists and Pedestrians. For the development and infrastructure improvements proposed in the Short, Medium and Long Range, assess the Level of Service for motor vehicles, transit service, bicyclists and pedestrians using the methodology developed under NCHRP 3-70 and currently being incorporated into the Highway Capacity Manual. For each currently signalized intersection, assess the existing and future scenario level of service by approach and the changes in operational performance and the needed enhancements to provide acceptable level of service for the various modes for each individual signalized intersection, as well as each signal system. Assess possible safety issues as they relate to driver, bicycle, and pedestrian intersection maneuvers, parking stall maneuvers, conflicts, perceptions with any changes in traffic flow direction (change one-way to a two-way or visa versa). If the street continues different outside the limits of the proposed change limits, assess possible safety issues as they relate to driver, bicycle, and pedestrian conflicts and perceptions. Identify any additional critical link locations, critical intersection locations would be required to maintain acceptable level of service for motorized traffic, and identify options to maintain acceptable level of service. With the projected pedestrian volumes at the ultimate build out, assess the projected sidewalk width needs for the critical times of the day on critical roadway links. This assessment will include a review of localized locations where there can be any combination of possible restrictions (such as building entry landings that are not at the same elevation as the adjoining sidewalk and thus require ADA ramps, trees/tree wells as well as other street furniture) that restricts pedestrian movements as a whole and specifically the handicapped. Assess each proposed cross-section that contains bicycle facilities as to the functionality for each current street's applicability that it is proposed for. Assess the bicyclist accommodations that would be needed at/beyond the limits of the DTIP for each such street to continue the facilitation of bicycle traffic. Assess the transition areas for each of the roadway's proposed cross-section relative to each street's current condition in terms of the geometric requirements that may be needed at/beyond the limits of the DTIP for each such street so as to properly facilitate the proposed parking facility. Identify any significant issues with these transition and any logical extensions of the treatments to effect the transition. Task 2F. Recommend Modifications to the Proposed Treatments. Based upon the results of the analysis, identify significant traffic, safety and mobility issues with the proposed street modifications, if any, and develop concepts for refinements, as needed, to the proposed street modifications in the DTIP to affect adequate traffic operations. Task 2G. Document the Analysis and Modification of the DTIP Treatments. Prepare a Draft Report of findings to document the data collection and compilation procedures, analysis of data and findings, and observations regarding the proposed DTIP street modifications. Provide the Draft Report, including text, figures and tables to illustrate the information to city staff for review. Task 2H. Meetings and Presentations Review the content of the Draft Report with city staff and other city entities as directed, and address the review comments in preparation of a final report. Discuss the implications of the report findings regarding the proposed DTIP street modifications and any refinement of those modifications. Up to five meetings are anticipated in this scope of work. Fee for Phase 2 Freese and Nichols will conduct the above Phase 3 scope at a Multiplier of 3.4 for a maximum not to exceed $90,000. The fee is derived as follows: • Data Collection & Reduction $20,000 • Data Analysis & Documentation 62,000 • Management, review and recommendations 8,000 as o H o O w w ay aye f ow ~ ow Hk Hk w w ¢O O¢ Ha ~s 00 Hx - w H ~ F c~ o a A ~ o ~ z a A o ~ o a d N o ICI x a ~ ° ro o H H A H W o „ ~ y x ~ p 0 x F a ~ ~ ~ ° ro F ~ ° ro F b ~'F"Fx ~ o b ~'F"Fx ~ o a° o o F 'n a° o o F 'n 5F o , 5F o a a 81 o k o 8 a ow'°Q¢'aQ~ w ow'°Q¢'aQu ¢roogwwc7x ¢roogwwc7x H ORDINANCE NO. 2010- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC., TO PROVIDE A TRAFFIC OPERATIONS STUDY FOR THE DOWNTOWN IMPLEMENTATION PLAN FOR THE CITY OF DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR AN EFFECTIVE DATE (FIRST AMENDMENT IN THE NOT-TO-EXCEED AMOUNT OF $90,000; AGGREGATING $114,000). WHEREAS, the City Council deems that it is in the public interest to continue to engage Freese and Nichols, Inc., a Corporation ("F&N"), to provide a Phase 2 traffic operations study for the Downtown Implementation Plan for the City of Denton, Texas); F&N has recently completed the Phase 1 study (Qualify and Quantify Pass-Through Traffic using Locust and Elm Streets); and the City desires to move forward with Phase 2 of the study; and WHEREAS, these services are necessary to be performed by an outside engineering and design firm to evaluate and study the traffic operations study for the DTIP plan. City Staff has determined that F&N is competent and that the fees under the First Amendment to Professional Services Agreement" (hereafter `the First Amendment") fair and reasonable, and are consistent with and not higher than the recommended practices and fees published by the applicable associations applicable to F&N's profession, and that such fees do not exceed the maximum provided by law: and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-referenced professional services, and that limited City staff cannot adequately perform the highly specialized services and tasks with respect to the Downtown Implementation Plan with its own personnel, as qualified outside personnel are necessary to determine compliance; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act." generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: The preamble to this ordinance is incorporated herewith by reference for all purposes. SECTION 2: The City Manager is hereby authorized to execute a "First Amendment to Professional Services Agreement" (the "First Amended Agreement") with Freese and Nichols, Inc., a Corporation, in an amount not-to-exceed an additional $90,000 (aggregating $114,000) 1 for continued professional services; in substantially the form of the First Amended Agreement attached hereto as Exhibit "A" which is incorporated herewith by reference. SECTION 3: The award of this First Amended Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of F&N and the demonstrated ability of F&N to continue to perform the services needed by the City for a fair and reasonable price. SECTION 4: The expenditure of funds as provided in the attached First Amended Agreement is hereby authorized. SECTION 5: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: 2 AGENDA INFORMATION SHEET AGENDA DATE: December 7, 2010 DEPARTMENT: City Manager's Office ACM: Fred Greene SUBJECT Consider approval of a resolution amending a policy setting guidelines regarding the naming of City buildings, facilities and parks; and declaring an effective date. BACKGROUND On October 16, 2007, Resolution No. R2007-035 (Exhibit 1) was approved setting guidelines regarding the naming of parks and park facilities. During the recent process of naming the future City of Denton animal care and adoption facility it was determined that additional clarification was needed to distinguish between the naming of parks and park facilities and the naming of City buildings and facilities. An amended policy is attached (Exhibit 2) clarifying this process. RECOMMENDATION City Attorney recommends approval of this Resolution. PRIOR ACTION/REVIEW None EXHIBITS 1. Resolution No. 2007-035 and Park Naming Policy 2. Revised Resolution and Park Naming Policy Respectfully submitted, 4~- Fred Greene Assistant City Manager s:lourdocumentslresolutions107Vcso]utionrcvisingpark naming policy.doc EXHIBIT 1 RESOLUTION NO. - ✓J-4- A RESOLUTION AMENDING A POLICY SETTING GUIDELINES REGARDING THE NAMING OF PARKS AND PARK FACILITIES, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton desires to amend the policy for naming and renaming parks and park facilities; and WHEREAS, the Parks, Recreation and Beautification Board recommends that the policy be revised as written, and WHEREAS, the City Council deems it in the public interest to adopt the revised policy; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The revised Park Naming Policy, which is attached hereto and made a part . hereof for all purposes, is hereby approved and adopted SECTION 2. All policies inconsistent herewith are hereby repealed SECTION 3. This resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the - day of , 2407. PE R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: IT't L"/ APPRO D AS O LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: PARK NAMING POLICY PURPOSE: 1) Provide name identification for individual parks. 2) Provide name identification wherever appropriate on public buildings, structures, facilities, and specified areas. 3) Provide for citizen input into the process of naming parks and facilities as enumerated above. 4) Insure control for the naming of parks and facilities by the Park Board and City Council through the recommendations of the Director. DEFINITIONS: PARKS are owned and managed by the City and used for public recreation purposes and include developed and undeveloped park areas and designated open space areas. I CITY FACILITIES are City owned facilities used to conduct City business. Buildings may include, but are not limited to, City Hall, fire and police stations, Civic Center, Senior Center, and recreation centers. SPECIFIC FACILITIES are facilities/amenities that could be located within a park or part of a facility. These include, but are not limited to, athletic fields, gymnasiums, meeting rooms, picnic shelters, tennis and basketball courts, swimming pools, and playground equipment. POLICY: The following criteria shall be used in the naming of City owned Parks, Facilities and Specific Facilities: (1) The Parks, Recreation, and Beautification Board shall review and make recommendations to the City Council for areas that relate to.parks, recreation facilities and recreation specific facilities. (2) The recommendation of each suggested park, city facility and specific facility name shall be according to criteria outlined in this policy. A. General Criteria: The policy of the City is to name parks and facilities in a manner that will provide an easy and recognizable reference to City staff, citizens,.and visitors to the City and be compatible to the area in which they are located. Geographical Location: A park, facility or specific facility may be named for: an adjacent school, • the street on which it is located, City of Denton - Park Naming Policy Page 1 • historical sites at least 50 years old, • natural features, • descriptive name for particular feature, location or region B. Individual/Organization Naming (The following criteria shall be used in evaluating the merit of each memorial-naming request): 1) The individual must be deceased at least three (3) years unless based on the contribution method below. 2) The individual was a resident of the City of Denton for fifteen (15) years or more. 3) The individual must not have been convicted of a felony. 4) The individual/organization has made exceptional contributions to the city, including one or more of the following: financial gifts, public service, or long term sponsorship agreements. a. The individual/organization that li,as made contributions of regional or community wide significance may be considered for the naming of parks, facilities or specific facilities that serve the regions or community. b. The naming of a park, a facility, or parts of a park or facility shall not be accepted as a condition of donation, unless the value of the donation exceeds $15,000 or 51% of the total project cost, whichever is greater. Improvements valued at less than $15,000 will not be affixed with names. 5) The person being memorialized died in the line of duty serving the City of Denton or the United States of America or died while performing a heroic act (e.g., the life of another person). a. City will obtain and/or attempt to make contact for approval from living family members of individuals recommended for having a park, facility or specific facility named in their honor. ` 6) Organization: Request must be on signed letterhead with approval from Board of Directors, Chief Operating Officer, or owner stating their approval for the naming of a park, facility or specific facility. Satisfying one or more of the eligibility criteria listed above does not ensure a recommendation from the Parks, Recreation, and Beautification Board or City Council approval. The re-naming of Parks, City Facilities, or Special Facilities is discouraged in an effort not to diminish the original justification for the name or discount the value of the prior contributions. C. Guidelines Associated with Fundraising Campaigns The naming of facilities in association with fundraising campaigns may be considered under the following conditions: City of Denton - Park Naming Policy Page 2 1) Organizations affiliated with the City that desire to raise funds for a city-sponsored project must receive a recommendation from the Parks, Recreation, and Beautification Board when it relates to Recreation Facilities or Parks and receive approval from the City Council prior to attaching naming opportunities to the fundraising campaign. 2) Organizations conducting fundraising campaigns with naming opportunities attached must immediately notify City staff when a naming proposal is under consideration in order to facilitate an administrative review. 3) Naming proposals that promote alcohol, tobacco products or political organizations will not be considered. 4) Acceptance of a naming proposal by an organization conducting a fundraising campaign must be considered conditional pending a review and recommendation by the City Manager for non-recreation facilities and from the Parks, Recreation, and Beautification Board for recreation related. D. Plaques, Markers and Memorials: Plaques, Markers and Memorials that are, requested to be located on City Property, a City Facility or on the any City Premises, must follow the guidelines set below: 1) Must be in accordance with City Standards. The location, size and inscriptions on plaques require approval by designated City Staff. 5 2) Designed to blend with and compliment design of the existing park or facility. 3) Must be made of bronze or other material pre-approved by the City of Denton. 4) Costs for plaques, markers, memorials, or other signage involved in the renaming of Parks, City Facilities, or Specific Facilities shall be borne by the nominating individual(s), group, or organization. A written maintenance agreement for each plaque, marker or memorial must be reviewed and approved by the Director of Parks and Recreation. NAMING PROCEDURE: NAMING NEW PARKS OR FACILITIES 1) Names for new parks shall typically be' established within 180 days from the date of land acquisition. The name of new buildings shall be established prior to the completion of construction. Names for parts or areas of parks and facilities may be established at any time. 2) The Chairperson of the Parks, Recreation, and Beautification Board shall name a committee that will be responsible for recommending a name for all park lands and facilities to the Board. 3) The committee shall be responsible for research, study, and recommendation of a proposed name to the Board. Rationale for the selection of the recommended name shall be given in writing. 4) Groups or individuals may submit nominations on a City of Denton Name Nomination Form for naming new parks or a new facility. All recommendations will be given the City of Denton - Park Naming Policy Page 3 i same consideration without regard to the nomination source. Designated Parks and Recreation Department staff will review the form for completeness and accuracy. All non-recreation requests will be forwarded directly to the City Manager. All recreation facility requests will be forwarded to the Parks, Recreation, and Beautification Board. A request for nominations will be publicized for review at the time of new construction. No nominees will be accepted after the announced deadline. All recommendations involving the name of a person, in accordance with Item B. of this document, shall also include the following: a) a biographical or informational sketch; b) rationale supporting the nomination; c) the name(s) of the person(s) or supporting group(s) responsible for the nomination; d) the name(s) of the person(s) or supporting group(s) that will provide the funding for the purchase and installation of the memorial monument and up to five years of maintenance on any monument that is requested. 5) At least one community meeting to receive public input for the proposed name should be held prior to the committee finalizing its recommendation to the Parks, Recreation, and Beautification Board. This meeting can -be a dedicated portion of the regular meeting of the Parks, Recreation and Beautification Board. G) The Parks, Recreation, and Beautification Board shall approve or disapprove of the name recommended by the committee. 7) If the committee's recommendation is disapproved by the Board, then the matter may be referred back to the committee for further action. 8) All recommended names for such facilities must be approved by a majority vote of the members of the Parks, Recreation, and Beautification Board. 9) Upon approval, the recommended name shall be forwarded to the City Council for their consideration and final decision. 10) Once a name has been established, the Director of Parks and Recreation will be responsible for the installation of appropriate signage and markers within a reasonable time. RENAMING PARKS AND FACILITIES 1) In order to respect the historical tradition and community values, which previous generations bestowed on these resources, the renaming of parks and facilities is strongly discouraged. 2) Parks and facilities named for a geographic location, outstanding feature or subdivision can be considered for renaming. A park named for an individual should not be changed unless it is found that the individual's personal character is, or was, such that the continued use of their name for a park or facility would not be in the best interest of the community. City of Denton - Park Naming Policy Page 4 3) Requests to rename a City Park or Facility (as defined on page one of this policy) shall be made by completing the City of Denton Name Nomination Form provided by the Parks and Recreation Department. Designated Parks and Recreation Department staff will review the form for completeness. Requests for non-recreation facilities will be forwarded to the City Manager. Requests for Parks, Recreation Facilities and Recreation Specific Facilities will be forwarded to-the Parks, Recreation, and Beautification Board. 4) The Parks, Recreation, and Beautification Board chairperson will assign a committee of Board members that will research, document, and provide a recommendation to the entire Board. 5) In reviewing a request for a name change, the Board will give special consideration to any legal agreements or authorized written promises which were made when the original name was established. Any recommendation which involves the name of a person, in accordance to Item B. of this document, shall include the following: a) a biographical or informational sketch; b) rationale supporting the nomination; c) the name(s) of the person(s) or supporting group(s) responsible for the nomination; d) the name(s) of the person(s) or supporting group(s) that will provide the funding for the purchase and installation of the memorial monument and up to five years of maintenance on any monument that is requested. 6) If a change is requested in the name of an existing park or facility, such request will not be acted upon by the Board until a sign stating the request has been posted on the affected property for a period of at least 45 days. The sign should direct comments to the Director of the Parks and Recreation Department. 7) At least one public meeting to receive, public input for the name change should be held within thirty (30) days of the end of the name change posting. This meeting can be a dedicated portion of the regular meeting'of the Parks, Recreation and Beautification Board. 8) The Parks and Recreation Board shall approve or disapprove of the name recommended by the committee. 9) If the committee's recommendation is disapproved by the Board, then the matter may be referred back to the committee for further action. 10) All recommended names for such facilities must be approved by a majority vote of the members of the Parks and Recreation Board. 11) Upon approval, the recommended name shall be forwarded to the City Council for their consideration and final decision. 12) Once a renaming has been established, the Director of Parks and Recreation will be responsible for the installation of appropriate signage and markers within a reasonable time. City of Denton - Park Naming Policy Page 5 NAMING NEW SPECIFIC FACILITIES 1. Specific facilities are typically not named except for the following circumstances: a. The naming of a specific facility, or parts of a park or facility, shall not be accepted as a condition of donation, unless the value of the donation exceeds $15,000 or 51 % of the total project cost, whichever is greater. Improvements valued at less than $15,000 will not be affixed with names. 2. Should the above criteria be met, the conditions set forth in the NAMING OF NEW PARKS OR FACILITIES section of this document shall be followed. Nomination Acceptance: Any nomination received will be forwarded to the Parks, Recreation, and Beautification Board within sixty (60) days after receipt of a completed City of Denton Name Nomination Form for all new facilities. City of Denton Name Nomination Forms will be accepted during the publicized period only; nominations received after the deadline will not be considered. City of Denton - Park Naming Policy Page 6 i CITY OF DENTON NAME NOMINATION FORM Naming or Renaming of Parks, City Facilities or Specific Facilities to Recognize an Individual, Organization or Other Entity Please type or print clearly in ink and return to: • Department of Parks and Recreation (for all Parks or Recreation Related Facilities) • City Hall (for all other Facilities) 1. Date of Submittal: II. Individual or Organization Submitting Nomination: III. Address: City, State, Zip: Telephone: IV. Signature of Nominee or Organization Representative: V. Nominee (Check One): Individual ❑ Organization ❑ VI. Nominated Name/ Organization: VII. Number of Years Nominee Lived in Denton: VIII. Recommended Name of Facility: IX. Facility Location: City of Denton - Park Naming Policy Page 7 X. Explanation of why this 'individual/ organization should be considered. (This information will be used by City Staff and/or Parks, Recreation and Beautification Board to determine the basis for their decision). Use additional sheets if necessary. INSCRIPTION One letter per square PLEASE PRINT CLEARLY Nomination Withdrawal: Signature Date City Staff' Review: Yes ❑ No ❑ Signature: " Parks, Recreation, and Beautification Board Date of Meeting: APPROVE ❑ DECLINE ❑ City Council Action Date: APPROVE ❑ DECLINE ❑ City of Denton - Park Naming Policy Page 8 salegal\our documents\resolutions\10\resoiution revising park naming policy.doc EXHIBIT 2 RESOLUTION NO. A RESOLUTION AMENDING A POLICY SETTING GUIDELINES REGARDING THE NAMING OF CITY BUILDINGS, FACILITIES AND PARKS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton desires to amend the policy for naming and renaming City buildings, facilities and parks; and WHEREAS, Resolution No. R2007-035 did not clearly distinguish the process for the naming of parks and park facilities from the naming of City buildings and facilities; and WHEREAS, the City Council deems it in the public interest to adopt the revised policy; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The revised City Buildings, Facilities and Parks Naming Policy, which is attached hereto and made a part hereof for all purposes, is hereby approved and adopted. SECTION 2. Resolution R2007-035 and all policies inconsistent herewith are hereby repealed. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ' ' NAMING POLICY FOR CITY BUILDINGS AND FACILITIES AND CITY PARKS AND PARKS FACILITIES 1. PURPOSE. 1. Provide name identification for city buildings and facilities and city parks and parks facilities. 2. Provide name identification wherever appropriate on public buildings, strictures, facilities, and specified areas. 3. Provide for citizen input into naming processes. 4. Insure control for the naming of city buildings and city facilities by the City Council upon the recommendation of the City Manager and interested stakeholders and control for the naming of parks and parks facilities through the recommendation of the Director of Parks and Recreation and the Parks Recreation, and Beautification Board. II. DEFINITIONS. City Buildings are city owned strictures used to conduct city business. Buildings may include, but are not limited to, City Hall, fire and police stations, and the Civic Center. City Facilities are city owned facilities used for public recreation, city business, or public attractions of any kind which are not operated by the Parks Department or located upon park property. Parks are owned and managed by the city and used for public recreation purposes and include developed and undeveloped park areas and designated open space areas. Park Facilities are facilities/amenities that are located within a park or part of a park. These include, but are not limited to, athletic fields, gymnasiums, meeting rooms, picnic shelters, tennis and basketball courts, swimming pools, playground equipment, and recreation facilities. III. PROCEDURE FOR RECOMMENDING THE NAMING OF CITY BUILDINGS AND FACILITIES AND CITY PARKS AND PARKS FACILITIES. 1. The City Manager, upon the request of any interested person or corporate body, may recommend to the City Council the naming of a city building or city facility. 2. The City Manager, upon the request of the Director of Parks and Recreation and the Parks, Recreation, and Beautification Board, may recommend to the City Council the naming of a city park or city park facility. IV. NAMING POLICIES AND PROCEDURES. A. General Criteria. It is the policy of the city to name city buildings and facilities and parks and parks facilities in a manner that will provide an easy and recognizable reference for Denton citizens, city staff, and visitors to the city. City buildings and facilities and city parks and parks facilities may be named after persons, streets, schools, historical sites at least 50 years old, natural features, location, or for other good and valid reasons. Satisfying one or more of the eligibility criteria listed in these guidelines does not ensure a favorable recommendation or City Council approval. B. Naming after a Person. 1. If named for an individual, the person must be deceased at least three (3) years (unless based on the contribution method below). 2. The individual was a resident of the City of Denton for fifteen (15) years or more. 3. The individual must not have been convicted of a felony. 4. The individual has made exceptional contributions to the region or community, including one or more of the following: financial gifs, public service, or long term sponsorship agreements. 5. The person being memorialized died in the line of duty serving the City of Denton or the United States of America or died while performing a heroic act (such as saving the life of another person). In this instance, the City will obtain and/or attempt to make contact for approval from living family members of individuals recommended for having a city building or facility or city park or park facility named in their honor. 6. All nominations involving the name of a person shall also include the following: a. a biographical or informational sketch; b. rationale supporting the nomination; c. the name(s) of the person(s) or supporting group(s) responsible for the nomination; d. the name(s) of the person(s) or supporting group(s) that will provide the funding for the purchase and installation of any memorial or monument and an agreement to fund up to five years of maintenance on any memorial or monument that is requested, or a statement as to why the City Council should waive such funding. C. Naming after an Organization or Corporate Entity. If the naming involves a corporate entity or organization, the organization or corporate entity must approve the name on signed letterhead from the Board of Directors, Chief Operating Officer, or owner. Page 2 s:`.legal`.our documents`, miscellaneous 10`namina police for city buildings and facilities.doc D. Guidelines Associated with Fundraising Campaigns and Donations. Naming city buildings and facilities and parks and parks facilities in association with fundraising campaigns may be considered under the following conditions: 1. Organizations affiliated with the City that raise funds for a city building or facility or park and park facility may offer naming suggestions to the recommended officials as specified in this policy 2. Organizations conducting fundraising campaigns with naming opportunities attached must immediately notify City staff when a naming proposal is under consideration in order to facilitate appropriate review. 3. Naming proposals that promote alcohol, tobacco products or political organizations will not be considered. 4. The naming of a park or park facility shall not be accepted as a condition of donation, unless the value of the donation exceeds $15,000 or 51 percent of the total project cost, whichever is greater. Improvements valued at less than $15,000 will not be affixed with names. 5. The naming of a city building or facility may be considered when a donation is significant in light of the total amount of money raised. E. Plaques, Markers and Memorials. Plaques, markers and memorials that are requested to be located on city property, a city facility or on any city premises must follow the guidelines set below: 1. Must be in accordance with city standards. The location, size and inscriptions on plaques require approval by city staff. 2. Must be designated to blend with and compliment design of the existing city building or facility or park or park facility. 3. Must be made of material pre-approved by the City of Denton. 4. Costs of plaques, markers, memorials, or other signage involved in the naming of city buildings and facilities and parks and parks facilities shall be borne by the nominating individual(s), group, or organization unless waived by the City Council. F. Naming New City Buildings and Facilities and Parks and Parks Facilities. 1. Names for new city buildings and facilities and parks and park facilities shall typically be established within 180 days from the date of land acquisition, but no later than at the time of completion of constriction. Names for parts or areas of city buildings and facilities and parks and park facilities may be established at any time. Page 3 s:`.legal`.our documents`, miscellaneous 10`namina police for city buildings and facilities.doc 2. Groups or individuals may submit nominations on a City of Denton Name Nomination Form. a. All requests regarding city buildings and city facilities will be forwarded directly to the City Manager. b. Any nomination received for parks or parks facilities will be forwarded to the Parks, Recreation, and Beautification Board within sixty (60) days after receipt of the completed City of Denton Name Nomination Form. c. If the City elects to publicize the naming opportunity, City of Denton Name Nomination Forms will be accepted during the publicized period only; nominations received after the deadline will not be considered. All recommendations will be given the same consideration without regard to the nomination source. City staff will review the form for completeness and accuracy. 3. As to parks and parks facilities, the Chairperson of the Parks, Recreation, and Beautification Board shall name a committee that will be responsible for recommending a name for all park lands and facilities to the Board. The committee shall be responsible for research, study, and recommendation of a proposed name to the Board. Rationale for the selection of the recommended name shall be given in writing. At least one community meeting to receive public input for the proposed name should be held prior to the committee finalizing its recommendation to the Parks, Recreation, and Beautification Board. This meeting can be a dedicated portion of the regular meeting of the Parks, Recreation and Beautification Board. The Parks, Recreation, and Beautification Board shall approve or disapprove of the name recommended by the committee. If the committee's recommendation is disapproved by the Board, then the matter may be referred back to the committee for further action. All recommended names for parks and parks facilities must be approved by a majority vote of the members of the Parks, Recreation, and Beautification Board, and then forwarded to the City Manager for his review prior to City Council action. G. Renaming of City Buildings and Facilities and Parks and Parks Facilities. 1. In order to respect the historical tradition and community values, which previous generations bestowed on these resources, renaming of city buildings and facilities and parks and park facilities is strongly discouraged. 2. City buildings and facilities and parks and park facilities named for a geographic location, outstanding feature or subdivision can be considered for renaming. A city building or facility, park or park facility named for an individual should not be changed unless it is found that the individual's personal character is, or was, such that Page 4 s:`.legal`.our documents`, miscellaneous 10`,namina police for city buildings and facilities.doc the continued use of the their name would not be in the best interest of the community. 3. Renaming requests shall be processed in the same manner as the initial naming process. 4. In reviewing a request for a name change, special consideration shall be given to any legal agreements or authorized written promises which were made when the original name was established. 5. If a change is requested in the name of an existing city building, facility or park or park facility, such request will not be acted upon until a sign noticing proposed change has been posted on the affected property for a period of at least 45 days. The sign should direct comments to the Director of Parks and Recreation or the City Manager's office, as appropriate. 6. At least one public meeting to receive public input for the name change should be held within thirty (30) days after the posting period specified in section G.5. Page 5 s:`.legal`.our documents`, miscellaneous 10`namina police for city buildings and facilities.doc CITY OF DENTON NAME NOMINATION FORM Naming or Renaming of City Buildings and Facilities and Parks and Parks Facilities to Recognize an Individual, Organization or Other Entity Please type or print clearly in ink and return to: • Department of Parks and Recreation (for all Parks or Recreation Related Facilities). • City Hall (for all other City Buildings or Facilities). 1. Date of Submittal: 2. Individual or Organization Submitting Nomination: 3. Address: City, State, Zip: Telephone: 4. Signature of Nominee or Organization Representative: 5. Nominee (Check One): Individual ❑ Organization ❑ 6. Nominated Name/Organization: 7. Number of Years Nominee Lived in Denton: 8. Recommended Name of Facility: 9. Facility Location: Page 6 s:`.legal`.our documents`, miscellaneous 10`namina police for city buildings and facilities.doc 10. Explanation of why this individual/organization should be considered. (This information 11'111 be used by City staff and or Parks, Recreation and Beautification Board to deters il'ie the basis for their decision). Use additional sheets, if necessary. INSCRIPTION One Letter Per Square PLEASE PRINT CLEARLY Nomination Withdrawal: ignatiire Date City Staff Review: Yes ❑ No ❑ Signature: Parks, Recreation, and Beautification Board Date of Meeting: APPROVE ❑ DECLINE ❑ City Council Action Date: APPROVE ❑ DECLINE ❑ Page 7 s:`.legal`.our documents`, miscellaneous 10`namina Police for city buildings and facilities.doc AGENDA INFORMATION SHEET AGENDA DATE: December 7, 2010 DEPARTMENT: City Manager's Office ACM: Fred Greene SUBJECT Consider approval of a resolution naming the City of Denton Animal Care and Adoption Center; and declaring an effective date. BACKGROUND In August 2007, the City of Denton entered into a formal agreement with the Denton Animal Shelter Foundation (DASF) that formalized the roles of both groups regarding the design, constriction, and funding of a new animal shelter. The agreement allowed DASF to conduct a capital campaign that included the use of naming opportunities at the future shelter. Prior to the start of the capital campaign, the DASF board established a list of potential naming opportunities at the shelter, along with a minimum donation for each of these opportunities. The lead naming opportunity was for a donation that included the naming rights to the facility. On November 11, 2010, the DASF Board announced that Jim McNatt had submitted a pledge to donate $500,000 for the naming rights to the new Animal Care and Adoption Center. His request with the pledge was to name the facility after his wife, Linda McNatt. A copy of the agreement between James McNatt and the Denton Animal Shelter Foundation, Inc. regarding the donation is attached. If approved by resolution of the City Council, the facility would be named the "Linda McNatt Animal Care and Adoption Center." RECOMMENDATION Staff recommends approval of this resolution. PRIOR ACTION/REVIEW 02/14/06 - Council Work Session on the Denton Animal Shelter Foundation. 08/07/07 - Council Work Session on the Denton Animal Shelter Foundation Agreement. Respectfully submitted, Fred Greene Assistant City Manager sAlegallour documentslresolutions1101animal care and adoption.doc RESOLUTION NO. A RESOLUTION NAMING THE CITY OF DENTON ANIMAL CARE AND ADOPTION CENTER; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has identified a need to construct a new Animal Care and Adoption Center which will serve the public interests by providing enhanced care for animals that are abandoned or picked up by animal control officers in the City of Denton; and WHEREAS, the City of Denton desires to place for adoption as many animals as possible and believes that improved facilities for pet viewing and familiarization will improve adoption rates; and WHEREAS, the new facility is to be funded by both public funds and private donations; and WHEREAS, a particular benefactor, displaying great compassion and concern for animals, and desiring that the possibility for adoption by a caring family will be enhanced by an excellent pet-friendly facility; and WHEREAS, this benefactor has dedicated a large sum of money toward the Care and Adoption Center; and WHEREAS, the City of Denton, by and through the City Council of the City, desires to express gratitude for the generous contribution by this benefactor and to honor said benefactor's contribution by naming the Care and Adoption Center after this benefactor; and WHEREAS, the City Council deems it in the public interest to name the Animal Care and Adoption Center at this time; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City of Denton Animal Care and Adoption Center is now and hereafter named the "Linda McNatt Animal Care and Adoption Center." SECTION 2. This Resolution shall become effective immediately upon its passage and approval. SECTION 3. The City is directed to post signage consistent with this Resolution upon the occasion of ground breaking for the Denton Animal Care and Adoption Center. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR s:llegallour documentsVesolutions1101animal care and adoption.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY c I' BY: Page 2 AGREEMENT P^.R_TIL4 Tl A is InG°rat ` b and between l jmc~ 1, Wxt, licreinaftc- culled tha DONOR, and Dcruoii Anirwl shelter _itiilci~it a r 1., inc., hereinafter r J11,,d. DASF. AGREEMENT 1. DONOR, intending to be .c,,;.i1h bound, hereby irr bl , pledges and pt .)I1lis~s 0-lough this Agreement to rnakc i totaling $500,000 for the benefit of DASF.. 2. DASF, ijatvndina, to h;; k ly b+ fund, lhrou~,h th Atgrc(mi7~rit liC r,J- ` irr-% _ cat,F,(r) grants t(t D0N011" tli e r4dit to mum: the c.tu) ir-,r• oftN- now I?ertoii animal she] ',--r iiclhty, Stich rar)i- hcui- snh~cLt iu tl:: apjpr,,v~it of 0-e Dcrton Clt~ Council, (the l\'i' tt"!. rind r-1JJI 1'.l it to to be locri(rd it Riney Road and North Elm Str0eth~wm 1)en?11,[1. 1e:.as, orsut:h )thcr ICt~atiVFi as determined b~ DASF an,I the City of De:n ri (the , Facility" and ~ iii fa~rees tr displii • Lt Ii! htril lahl}tu t°a1 li t,r painting ofFiitl_{i'_'r L:\ m, IDONOR's v il~. rill 1~r P~~t" in th Iol'~ " pit th4 ! auil.ty, su"h 1 l] . photograph or painti a` to be supplied by UONUi'. oriel ti be - lard , ft-m t`i" aide by 32" high, including the frarne, 1 DONOR will make payments in satisfaction of this 5500,000 pledged in Paragraph I above according to the folio" ML p iymunt schedule: Payments Amount: Due Date: Payment 1 $100,000 u i si nins this Agreement Payment 2 $100,000 on or l?ofL 1` October 1, ?C 1 i Payment 3 $100,000 on or 1}- II ji October 1, 2 t? 12 Payment $50,000 on or b, toi Ocicber i, F R 13, Payment 5 $50,000 on or Ei,'F rc Octcher 4. 1 Payment 6 $50,000 on „r 15 Payment 7 $50,000 on or C] _ t "bi i 1, '-'C' 16 4. The Naming F ~ht -,ranted to DONOR lt'"ruin shiril aj,pf,, ~,fl, t, the facility's exterior sigaaa; located on the Facilat} struc.tuic itscl! .wd t, uii", c "rc~i r i_, 'is identifying the Facility earl `i are located on the Fac`1iiv groun&, S,pait,~ w (`roji) ih i lit), to the Fai iiity parking lot. DONOR acl:no ledges that the Naming Right 0:f11 iioi e%(.-nd to the inter iur ofthL~ i ~acihty nor to EtI7y C:AtCrl,r signs which zor liGalcd on property the cornol of the ty of Denton car i!s~ pi°rson or °i' iii,, c)llier h<tii T7 SF F-\, acl no" It aloes tliat the Minim-, 'i;:'ht ,'r the Facility, ;}'rill be to DONOR Land no names, other than. th,u `.aim (1. tined lac:` ti .t.,(i 1,,1 and approved by the Denton C;itT C':ta1L i ' he 1,1, :,l Dn the Fi . 'lity'S ex'-crir,r sigu.S<ie. DASI ,if kllo, lc_h es tha'r thc~ N~aliut tihil'1 I,e plac,,-d on the Facili€ s ilmLi-c in pernetLior and revarc'ic~s of t_r: ]rr~ai~n1 ~,l the facility. In the e~ ju thuit. L ),\,,T' haS recotlltruct tl,.c ij,icilit} and of ,t,cnL, the F Li11:a" in a new location, th" aiif4 s1i_i1? folluvir the F"acil:ty. 5. DQNO .'s proposed nan7e t:,r• F,i ii. t4, 's "The Linda c att Animal Care an Act:"ii ir. t7ter" {the '`.;ti?ic I_st e^..(y!T ackrrov, ':dies that tl a Name rnust appro,_,d the l i~~rt_m Cif` C uPiluih }itn,f >iize the ]~:sn is al~hr-,,. 'C shall nct bt. cli €r:vc-d 'wv ih.ru, DONOR',. c.,i,swtrt, ii,i shall :ny ul.her n,'.tii' t';.' drspl .%,2d q)on thi iioi ohilr:. Fa ili y. 6. In t1ic u■ e~t 'h it ilit~ F)e 3rm Cite C.,un~ iF di n~„ ~iprroe the Name, i,i the construction of th,_ nest' FaLiliw is nu, coni'lctcd, or t`.e f a,_ ilitti, near become rp} iational, DONOR %1lid, in lii -i DONOR n7rs~, ~,niil~iural a ~1u~i t~ tra.a this A jrme[tt mill shall be rcJca;c'J his obligations hereunder shall be r~tr , lcci to DONOR (or lair t~ ! in didthin thirty (31?) calendar days upon tiff riticn request by DONOR i i,i DONOl 's 7. In the event of DONOR's death„ D0',, 9R hereby binds Iris p si. tc is obligations under this A.Teerr~ew ~ ich tii,,t h.~ estrte frill i responsible [,r tyre payment clue- unc_r } a .«r«hl:; • if tiiq~.:inJ such E alt.:~e. I'~iny, h;uil h i'A-'c ,,i cio divg to the payment schcc ul~in } ir~i~rarh l~ aF _ i 'ir .1;arilrie, 6, Di 3r\_ , Lleatlt occurs in 2014, 1"ii~ ~stttt~ ~1't111 ;1'1 .ii thr aet;°i. n, r,- $50;'_ 00.t1l1, it not already paid prior to D'ONOR' ik.,af i "114; (b) remit Payment ti in the amount of 50,000.90 iii or bef r~ October and (c) remit I ii €r ent 7 on or Ocub,~2r 1, 016, tl, fore.,oii1I., hog scve:r, llothira h ;reir ,Hall h)._li.lde Dt1\()R's estate l.rc~m },r4 freit rgtleti 1~,s';3n ui'd'L: payment urac unilcr F',jnig apli 1, if any Thi A`_re~rntcrt shall be binding upon DONOR, its successors and assigns, and upon DASF, it successors and assigns. 4. Thi r1, ruerrrent confers no rights cii third pa .i4:• tnd shall not b,c trued to pt l,% de t~cii~fer~,.r guniiiiete~- i. specting othe ei . i,. beyond thc-' shcciiiL illy rneriti:_~111"'J ab,1v, . IN WITNESS I-IFsFtEOF. the TY)N OR anti 1t~ SF, by its duly authorized _11i r, iir n, dcration of the covenants herein cc ettaietc d ,tnJ iirt °rdii be legally bound hertL\ have caii<crl tl i; A °reement to be duly executed this d t f ®0 /0. Witn sses: DONOR: t JameX. Page Attest: DJ ,nto knit l Shellvr FoumLition, laic. u Its: Chaff, mrln Page 3 AGENDA INFORMATION SHEET AGENDA DATE: December 7, 2010 DEPARTMENT: Solid Waste ACM: Howard Martin, 349-8232 lh-V-1 SUBJECT Consider adoption of an ordinance approving and authorizing the City Manager of the City of Denton, Texas to execute and deliver a fourth amendment to the Master Lease Agreement, by and between the City of Denton, as Lessor and the Denton County Transportation Authority ("DCTA"), as the Lessee, amending that certain Master Lease Agreement, dated on or about September 30, 2005, by and between the City of Denton, Texas as Lessor and DCTA, as Lessee, pertaining to certain leased premises located in the G. Walker Survey, Abstract Number 1330, Denton County, Texas, as more particularly described in such Master Lease Agreement; and providing an effective date. BACKGROUND The Denton County Transportation Authority (DCTA) Master Lease Agreement was entered into on September 30, 2005, and provides for an initial term of three (3) years from that date, ending on September 30, 2008. The agreement provided for two (2) additional one-year renewal terms, which would be available to DCTA, provided that they are not in default in their performance of the lease. These options to extend the lease mainly provide that if DCTA has not completed or made arrangements for its new facility, they may continue in possession for the extension term or terms. The First Amendment to Master Lease Agreement with an effective date of December 12, 2006 was adopted by Council. It added additional acreage necessary to accommodate DCTA's expanded operations. In October 2008 the PUB recommended to the City Council that the DCTA lease be extended under the terms of the Master Lease Agreement for one year. The City Council adopted the First Extension to the Master Lease Agreement in November 2008. DCTA requested a Second Amendment to the Master Lease Agreement for the placement of an additional modular building within the leased premises. The monthly lease payment to the City of Denton Solid Waste Department increased an additional $1,168.92, bringing the lease payment to $7,634.52 per month. DCTA has deferred the constriction of their new Denton bus facility and are negotiating a new lease with city staff. DCTA would like a three month extension of the current lease at a monthly rate of $7,634.52 through December 31, 2010 to provide sufficient time to complete the new lease agreement. In order that city and DCTA staff can complete the new lease agreement, Staff recommends an extension of the term for an additional one month at the current rate, ending on February 28, 2011. OPTIONS The City Council may approve or disapprove the extension of one month to the lease amendment. RECOMMENDATION Staff recommends the approval of the extension of one month for the current lease amendment. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The City Council adopted an ordinance on September 30, 2005 authorizing the City Manager to execute the Master Lease Agreement. The First Extension to the Master Lease Agreement was adopted by the City Council at their meeting of November 4, 2008. The Second Amendment of the Master Lease was adopted by the City Council on August 18, 2009. The Third Amendment of the Master Lease was adopted by City Council on November 7, 2010 EXHIBITS 1. Ordinance 2. Fourth Amendment to the Lease Agreement Respectfully submitted: A. Vance Kemler General Manager, Solid Waste Services i sAegallour documcntslordinances\10\dcta, fourth amendment to mia-ordinance,doc ORDINANCE NO. 2010- AN ORDINANCE APPROVING AND AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE AND DELIVER A FOURTH AMENDMENT TO MASTER LEASE AGREEMENT, BY AND BETWEEN THE CITY OF DENTON, AS LESSOR AND THE DENTON COUNTY TRANSPORTATION AUTHORITY ("DCTA"), AS LESSEE, AMENDING THAT CERTAIN MASTER LEASE AGREEMENT, DATED ON OR ABOUT SEPTEMBER 30, 2005, BY AND BETWEEN THE CITY OF DENTON, TEXAS, AS LESSOR AND THE DCTA, AS LESSEE, PERTAINING TO CERTAIN LEASED PREMISES LOCATED IN THE G. WALKER SURVEY, ABSTRACT NUMBER 1330, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN SUCH MASTER LEASE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton has determined that the Fourth Amendment to the Master Lease Agreement ("Fourth Amendment") prescribing the extension of the term of the Master Lease Agreement so as to provide sufficient time to complete negotiations for a new lease agreement will further the objectives of the Master Lease Agreement, by and between the City and DCTA, as amended by the First, Second and Third Amended Master Lease Agreements; WHEREAS, the City Council of the City of Denton finds that the Fourth Amendment is for the public good and in the best interest of the citizens of the City of Denton, Texas by complementing the existing DCTA transportation facilities in the City; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The City Council hereby approves, and authorizes the City Manager to execute, the Fourth Amendment to Master Lease Agreement, substantially in the form of the document attached hereto as Exhibit "A." SECTION 3. A true and correct executed copy of this Ordinance will be transmitted to the appropriate officials of the DCTA by the City Manager or his designee, immediately upon its passage and approval. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: s:\adminlactive procurementslcontracts\lease agreement with the city of denton for bus ops and maintenance facility\101207 ais consent: agenda deta master lease amendment no 4 finat.doc FOURTH AMENDMENT TO MASTER LEASE AGREEMENT This Fourth Amendment to Master Lease Agreement (the "Fourth Amendment") is made and entered into as of the date of execution hereof by Lessor, as defined below, by and between the City of Denton, Texas, a Texas home rule municipal corporation (the "Lessor") and Denton County Transportation Authority, a political subdivision and coordinated county transportation authority created pursuant to Chapter 460 of the Texas Transportation Code (the "Lessee'). WHEREAS, Lessor and Lessee entered into that certain Master Lease Agreement ("Master Lease"), dated on or about September 30, 2005 (the "Master Lease Agreement"), pertaining to certain Lease Premises, as defined in the Master Lease, located within the City of Denton, Denton County, Texas, as more particularly described in the Master Lease; WHEREAS, Lessor and Lessee entered into that certain First Amendment to Master Lease Agreement (the "First Amendment"), dated effective December 12, 2006, amending the Master Lease to add certain tracts of land to the Lease Premises, to modify rent due during or applicable to the Initial Term, the Extension Terms and Holding Over, as said terms are defined in the Master Lease, and amending other matters as set forth therein; WHEREAS, Lessor and Lessee entered into that First Extension to the Master Lease Agreement (the "First Extension"), made and entered into as of September 30, 2008, extending the term of the Master Lease as set forth in Section 2.2 of the Master Lease; 1 s:\admin\active procurements\contracts\lease agreement with the city of denton for bus cps and maintenance facility\101207 ais consent agenda dcta master lease amendment no 4 final.doc WHEREAS, Lessor and Lessee entered into that certain Second Amendment to the Master Lease Agreement (the "Second Amendment'), dated on or about August 18, 2009, relating to the use of the Modular Building and rent payable for such use, as prescribed therein, and other matters related thereto; WHEREAS, Lessor and Lessee entered into that certain Third Amendment to the Master Lease Agreement (the "Third Amendment"), dated effective October 1, 2010, providing for one additional Extension Period to the Master Lease, extending the term thereof to December 31, 2010 and providing rent payable for such additional Extension Period; WHEREAS, Lessor and Lessee now desire to amend the Master Lease, as amended by the First Amendment, Second Amendment and Third Amendment, and as extended by the First Extension, to provide that the additional Extension Period added by the Third Amendment shall expire February 28, 2011. NOW, THEREFORE, for and in consideration of the matters set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree as follows: 1. Article 2, Term, Section 2.2 of the Master Lease, as amended by the First Amendment, Second Amendment and Third Amendment, and as extended by the First Extension, is hereby amended to read as follows: 2 s.\admiAactlve procurementskontractsllease agreement with the city of Benton for bus ops and maintenance facilityi102207 ais consent agenda dcta master lease amendment no 4 final.doc "2.2 Extensions. The Initial Term may be extended (i) for up to two (2) successive one (1) year periods; and (ii) in the event the Initial Term, is extended for the two (2) successive one (1) periods, for one (1) additional period from October 1, 2010 to February 28, 2011 (with each of such extension periods being called herein an "Extension Period") upon Lessee, with respect to the two (2) successive annual extension periods, providing written notice to Lessor in accordance with Article 13, below, not less than sixty (60) days prior to (i) the Expiration Date, if applicable, or (ii) the last day of the applicable Extension Term. Holding over by Lessee after the expiration of the second one (l) year Extension Period, as described in Section 2.2 (ii), above, shall constitute notice of the extension of the Term of this Lease through and including February 28, 2011. During any Extension Period hereunder, the terms and conditions of this Lease shall remain unchanged and continue to be effective and in full force, subject to the change in monthly rental provided below or any written agreement otherwise entered into between Lessor and Lessee (with the Initial Term and the applicable Extension Periods being collectively known as the "Teem").,' 2. Article 3, Rent, Section 3.2 of the Master Lease, as amended by the First Amendment, Second Amendment and Third Amendment, and as extended by the First Extension, is hereby amended to read as follows- 3 s.\admin\active procurements\contracts\lease agreement with the city of denton for bus ops and maintenance facility\141207 AS consent agenda dcta master lease amendment no 4 flu Woc "3.2 Rental in Extension Terms. If Lessee exercises its right to extend the Initial Term of this Lease in accordance with Section 2.2 herein, (i) beginning on or before the first day of the applicable one (1) year Extension Period, which shall be December 12, 2008 and December 12, 2009, respectively, Lessee shall pay to Lessor the sum of Six Thousand Four Hundred and Eighty Nine Dollars ($6,489.00) per month; and (ii) beginning on October 1, 2010, Lessee shall pay to Lessor, on or before October 1, 2010, November 1, 2010, December 1, 2010, January 1, 2011 and February 1, 2011, the sum of Seven Thousand Six Hundred Thirty Four Dollars and Fifty Two/100 ($7,634.52)." 3. Article 3, Rent, Section 3.4 of the Master Lease, as amended by the First Amendment, Second Amendment and Third Amendment, and as extended by the First Extension, is hereby amended to read as follows; "3.4 Holding Over. The Term of this Lease (including the Initial Terns and each Extension Period if exercised, as provided herein) shall expire no later than February 28, 2011. However, if the Lessee does not vacate the Premises upon the expiration of the Term, the Lessee's occupancy of the Premises shall be a month- to-month tenancy, subject to all of the terms of the Lease applicable to a month- to-month tenancy, except the monthly rental during such tenancy shall be Ten Thousand Nine Hundred Fifty and N01100 Dollars ($10,950.00) per month, on a month to month lease, plus any additional sums agreed to in writing by the Parties hereto between the effective date of this Agreement and the expiration of the 4 sAadmin\active procurements\contractsliease agreement with the city of denton for bus ops and maintenance fac€Iity\101207 ais consent agenda dcta master lease amendment no 4 final.doc Lease Term, and shall be due and payable beginning on March 1, 2011 and shall be due and payable thereafter on the first day of each month until such tenancy terminates; however, if such tenancy ends on a day other than the last calendar day of the month, the rental for any fractional calendar month of the tenancy shall be prorated by days." 4. Lessor and Lessee herein stipulate that notice of the two (2) successive one (1) year Extension Periods, has been timely provided by Lessee to Lessor, and that Lessee has exercised its right to extend the Term of the Master Lease, as amended by the First Amendment, Second Amendment and Third Amendment, and as extended by the First Extension, through and including February 28, 2011, in accordance with the terms of Section 2.2 thereof 5. Except as expressly amended by this Fourth Amendment, the terms and provisions of the Master Lease, as amended by the First Amendment, Second Amendment and Third Amendment, and as extended by the First Extension, shall remain unchanged and shall be valid and subsisting and remain in fill force and effect. 6. This Fourth Amendment shall be binding upon and inure to the benefit of the Lessor and Lessee, and their respective successors and assigns. 7. This Fourth Amendment embodies the entire agreement and understanding between the Lessor and Lessee with respect to the matters addressed herein and supersedes all prior agreements, consents and understandings with respect to such subject matter. 5 s:\admin\act[ve procurements\tontracts\lease agreement with the city of denton for bus ops and maintenance facility\101207 als consent agenda dtta master lease amendment no 4 final.doc EXECUTED BY LESSOR AND LESSEE as of the date of execution hereof by Lessor, as set forth below. LESSOR: CITY OF DENTON, TEXAS By: GEORGE C. CAMPBELL, CITY MANAGER Date: ATTEST: Jennifer Walters, City Secretary By: APPROVED AS TO LEGAL FORM: Anita Burgess, City Attorney By: LESSEE: DENTON COUNTY TRANSPORTATION AUTHORITY By: TT, CHIEF EXECUTIVE OFFICER Date: 1,2 v 6 \\ojdhsl\users\klaughlinldcta\denton bus facillty lease\102207 als consent agenda dcta master lease amendment no 4.doc ATTEST: By: Secretary APPROVED AS TO LEGAL FORM! By: Kevin B. Laughlin, Attorney for Denton County Transportation Authority 7 sAlegal\our documents\miscellaneous\10\120710 ais cc rules of proc-suspending application in pilot project.doc AGENDA INFORMATION SHEET AGENDA DATE: December 7, 2010 DEPARTMENT: Legal Department CM/DCM/ACM: Anita Burgess, City Attorney SUBJECT: Consider an ordinance suspending certain portions of section 2-29 of the City Code relating to Rules of Procedure for the City Council of the City of Denton, Texas until April 1, 2011 and substituting alternative provisions through March 31, 2011 for the purpose of testing interim rules of procedure herein established; and declaring an effective date. BACKGROUND: An ordinance was passed October 19, 2010 suspending certain portions of section 2-29 of the City Code relating to Rules of Procedure for the City Council of the City of Denton, Texas, until January 1, 2011 and alternative procedures were substituted to test their efficiency through December 31, 2010. The Ordinance before Council will extend the interim rules through March 31, 2011 to ensure their appropriateness prior to. finalizing them. OPTIONS: City Attorney recommends approval of this Ordinance. PRIOR ACTION/REVIEW: None Respectfully submitted, L Anita Burgess S:1Legal\Our Documents\Ordinances1101CC Rules of Procedure - Suspending Application in Pilot Project Final.doc ORDINANCE NO. AN ORDINANCE SUSPENDING CERTAIN PORTIONS OF SECTION 2-29 OF THE CITY CODE RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS UNTIL APRIL 1, 2011 AND SUBSTITUTING ALTERNATIVE PROVISIONS THROUGH MARCH 31, 2011 FOR THE PURPOSE OF TESTING INTERIM RULES OF PROCEDURE HEREIN ESTABLISHED; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton desires to conduct the City Council meetings of the City of Denton in the most efficient and time effective manner; and WHEREAS, the City Council also desires to allow open dialogue by citizens of the community regarding the business of city government; and WHEREAS, recent meetings of the City Council have run into the late evening hours and even the early morning hours, thereby inconveniencing citizens waiting to make comments to the City Council and fatiguing the Council, staff and citizens; and WHEREAS the City Council desires to test some alternative processes and procedures to streamline the City Council meetings, limit their duration, and facilitate citizen's access to make comments to their local governing body; and WHEREAS the City Council desires to suspend certain provisions of its Rules of Procedure in order to test the alternative processes and procedures; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That certain portions of Section 2-29 of the City Code, known as the Denton City Council Rules of Procedure, are hereby suspended until April 1, 2011 and alternative procedures are substituted to test their efficiency through March ) 1, 2011, as follows: SUSPENDING 2-29(d) Types of Meetings (3) Workshop Meetings: Citizens or other interested persons attending the work session will not be allowed to participate in the session unless invited to do so by the Mayor. Citizens should be advised of the nature of the work session and that their input may be received and considered at a regularly scheduled council meeting where the agenda provides for final action to be taken on the matter. The purpose of this procedure is to allow the citizens attending the regular meeting the opportunity of hearing the views of their fellow citizens in a more formal setting. Any citizen may supply the City Council a written statement or report regarding the citizen's opinion on a matter being discussed in a work session. If the Mayor invites citizens to participate in a work session, their participation will cease at the point the Mayor closes the session to public input to allow the Council to give City staff direction as to needed information for the possible future S:1LegallOur DocumentslOrdinances1101CC Rules of Procedure -Suspending Application in Pilot Project Final.doc meeting without distracting comment from the audience. SUBSTITUTING 2-29(d) Types of Meetings: (3) Workshop _Meetings:... Citizens or other interested persons attending the workshop meeting will be allowed to make citizen comment regarding consent agenda items to be considered in the regular council meeting. Speakers will be allowed three minutes per speaker and may comment on any or all consent agenda items so long as any speaker's time does not exceed a total of three minutes. All speakers must comply with 2-29(f)(4)b. with regard to completing a "right to speak" card prior to the council's consideration of the clarification of the consent agenda items. As it concerns all other items posted on the workshop agenda, citizens or other interested persons may not participate in the session unless invited to do so by the Mayor. Citizens should be advised of the nature of the work session and that they may make comment on the consent agenda items as herein specified, but that their input on other items on the agenda may be received and considered at a regularly scheduled council meeting where the agenda provides for final action to be taken on the matter. The purpose of this procedure is to allow the citizens attending the regular meeting the opportunity of hearing the views of their fellow citizens in a more formal setting. Any citizen may supply the City Council a written statement or report regarding the citizen's opinion on a matter being discussed in a work session. If the Mayor invites citizens to participate in a work session other than citizen continent on consent items, their participation will cease at the point the Mayor closes the session to public input to allow the Council to give City staff direction as to needed information for the possible future meeting without distracting comment from the audience. SUSPENDING 2-29(f)(4) Presentations from Members of the Public: a. Reports from Members of the Public: Any person who wishes to place a subject on the Council agenda at regular City Council meetings shall advise the City Manager's office of that fact and the specified subject matter which he or she desires to place on the agenda no later than 5:00 p.m. Wednesday prior to the Council meeting at which he or she wishes the designated subject to be considered. A time for such reports shall be determined by the Agenda Committee giving due consideration to the length of the Agenda, the convenience of the public, and the orderly flow of public business. Any speaker providing a report shall speak for no longer than four (4) minutes on all items that he or she may bring before the Council at each meeting, unless the Mayor or the majority of the Council grants an extension of time. No person may fill out a "request to speak" form in order to speak or comment on another person's report, which is given at the same Council meeting. An announcement shall be made, prior to the time for reports from members of the public on the agenda, summarizing the main portions of the Rules and subsection (c), "Code of Conduct" as they may apply to members of the public speaking to the Council. PAGE 2 S:\Legal\Our Documents\Ordinances\10\CC Rules of Procedure - Suspending Application in Pilot Project Final.doc b. Speaking on Regular and Consent Agenda Items: Any person who wishes to address the Council regarding a non-public hearing item that is on the Council's agenda for a regular or special meeting, shall complete a "request to speak" form asking to speak regarding the item and shall return it to the City Secretary before the Council considers the item. The Mayor will call upon the person to speak for no longer than three (3) minutes as that particular agenda item is considered by the City Council except that applicants and their agents on public hearing items shall be allowed to speak for no longer than five (5) minutes or as indicated in (f)(5) "Time Limits." The provisions of this paragraph do not apply to workshop meetings, and a person's right to speak and provide input at these meetings shall be limited and controlled by subsection (d)(3) "Workshop Meetings". 2-29(f)(5): Time Limits: Speakers before the Council shall limit their remarks to no more than three (3) minutes for public hearing items provided that applicants for land use or other public hearing items and their agents shall limit their remarks to five (5) minutes or less per speaker and shall have a maximum of fifteen (15) minutes to speak to the item. Reports from members of the public shall be limited to four (4) minutes or less. Groups or organizations comprised of ten or more members shall limit their remarks in accordance with the parameters established in paragraph (f)(4). At the discretion of the presiding officer or a majority of the City Council, any speaker may be granted an extension of time to speak. SUBSTITUTING 2-29(f)(4) Presentations from Members of the Public: a. Reports from Members of the Public: Any person who wishes to place a subject on the Council agenda at regular City Council meetings shall advise the City Manager's office of that fact and the specified subject matter which he or she desires to place on the agenda no later than 5:00 p.m. Wednesday prior to the Council meeting at which he or she wishes the designated subject to be considered. Such reports shall be heard either at the beginning of the regular meeting of the City Council, or later on the council's agenda at a place determined by the Agenda Committee in light of the length of the agenda and the anticipation of time needed for the agenda items under consideration. Placement of citizen reports at the beginning of the agenda shall be determined by a rule of rotation as follows: Every member of the public will be given an opportunity for placement of their report at the beginning of the regular city council meeting once every six (6) months; should a citizen desire to present reports more frequently than once every 6 months, such reports will be heard by the council at the time determined by the Agenda Committee after the calling of an agenda item posted for such purpose; and speakers will be assigned to the first part of the meeting on a first come, first served basis with a limit of three (3) speakers assigned to this early forum. It is the intent of the rule of rotation to better manage the time of the City Council members, the city staff, and to fashion some more available and convenient time for all members of the public to address the City Council on a non-discriminatory and rotating basis. Any speaker providing a report shall speak for no longer than four (4) minutes on all items that he or she may bring before the Council at each meeting, unless the Mayor or the majority of the Council grants an extension of time. No person may fill out a "request to speak" form in order to speak or comment on another person's report, which is given at the same Council meeting. An announcement may be made, prior to the time for reports from members of the public on the agenda, summarizing the main portions of the Rules and PAGE 3 S:11.egW\Our Docurnents\Ordinances\101CC Rules of Procedure - Suspending Application in Pilot Project Final.doc subsection (c), "Code of Conduct" as they may apply to members of the public speaking to the Council. b. Speaking on Regular and Consent Agenda Items: Any person who wishes to address the Council regarding a non-public hearing item that is on the Council's agenda, shall complete a "request to speak" form asking to speak regarding the item and shall return it to the City Secretary before the Council considers the item. This procedure applies to speakers desiring to speak to agenda items during the regular meeting of the City Council or the workshop session of the meeting as it regards comments directed toward the consent agenda items. During the regular session, the Mayor will call upon the person to speak for no longer than three (3) minutes as that particular agenda item is considered by the City Council, except that applicants and their agents on public hearing items shall be allowed to speak for no longer than five (5) minutes or as indicated in subsection (f)(5). The provisions of 2-29(d)(3) "Workshop Meetings" shall control with regard to time limitations for speakers on consent agenda items. 2-29(f)(5) Time Limits: Speakers before the Council shall limit their remarks to no more than three (3) minutes for public hearing items provided that applicants for land use or other public hearing items and their agents shall limit their remarks to five (5) minutes or less per speaker and shall have a maximum of fifteen (15) minutes to speak to the item. Reports from members of the public shall be limited to four (4) minutes or less. Groups or organizations comprised of ten or more members shall limit their remarks in accordance with the parameters established in paragraph 2-29(f)(4). Speakers before the Council on consent agenda items during the workshop sessions shall limit their remarks on all consent items to no more than three (3) minutes per section 2-29(d). At the discretion of the presiding officer or a majority of the City Council, any speaker may be granted an extension of time to speak. SECTION 2. That this Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS!,, CITY ATTORNEY ' BY:L L PAGE 4 AGENDA INFORMATION SHEET AGENDA DATE: December 7, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Frank G. Payne, P.E. 349-8946 A~T ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Three to the contract between the City of Denton and S.J. Louis Constriction of Texas, LTD; providing for the expenditure of funds therefor; and providing an effective date (Bid 4466- Change Order Number Three to North-South 42-Inch Water Transmission Main in the amount of $90,706.08 for a total contract award of $4,781,946.28). CHANGE ORDER INFORMATION The North-South 42-inch Water Transmission Main project consists of approximately 16,500 linear feet of forty-two inch (42-in) water line running north from the intersection of Scripture and Bonnie Brae to Loop 288 and Nicosia. See Exhibit 1 for a detailed route. The project is being constricted by S.J. Louis Constriction of Texas, LTD. They were the low bidder out of a total of ten bidders for the project at $4,670,710.00. They were awarded the bid in February 2010 and constriction commenced on March 31, 2010. Currently, constriction is halted at approximately 75 percent of completion pending approval of Change Order Number Three which will allow constriction to resume. Change Order Number Three is required to avoid undermining the foundation of a critical power pole located at the intersection of Nicosia and Riney. The original plan alignment for the water line had the water line being installed only about 10 feet from the edge of the concrete foundation for this power pole. This error was not detected because the original plans did not show the pole at this location. Subsequently, when the error was detected during constriction a new alignment was chosen that avoids the conflict, but requires additional pipe material and labor costs. Total cost of Change Order Number Three is $90,706.08. The costs of Change Order Number Three are detailed on the Change Order form supplied as Exhibit 2. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item was approved by the Public Utilities Board on February 8, 2010. The contract was awarded by the City Council on February 16, 2010. RECOMMENDATION Approve Change Order Three in the amount of $90,706.08 for a total contract award of $4,781,946.28. Agenda Information Sheet December 7, 2010 Page 2 PRINCIPAL PLACE OF BUSINESS S.J. Louis Constriction of Texas, LTD Mansfield, TX ESTIMATED SCHEDULE OF PROJECT Constriction will resume upon approval of Change Order Number Three. Contractor has until May 2011 to complete constriction but anticipates constriction will be completed in February 2011. FISCAL INFORMATION This Change Order will be funded from account 630160518.1360.40100 and 630160519.1360.40100 in the combined amount of $90,706.08. A new line will be added to Purchase Order 149110 upon Council approval. The total amount of the purchase order will be $4,781,946.28 once the revision is completed. EXHIBITS Exhibit 1: Project Route Map Exhibit 2: Change Order Number Three Respectfully submitted: 1 Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1 _ IS-Bid 4466 Change Order Three Exhibit 1 Project Location Map Bid # 4466 North-South 42-inch Water Transmission Main LOOP 288 f''~'' I ;IJ IN 7. IL.. r HEF Or P I'rl r o. ~:Ir w Mort vy IN r - ,Nn" vt z - v;IIIL)StR Q ....HAMPTON 1r _ J L S U ~ E .o I - r ~ I r f i ~ A-- tik 'fill L li ~i w JIM GH ~ISTAL 'CRIPTURE _ - c fl RE! Exhibit 2 CITY OF DENTON CHANGE ORDER 1. Division (Department) 2. Purchase Order No. 3. Change Order No. Water 149110 3 4. Name of Project 5. Project Acct No. 6, Date Prepared North-South 42" Water Main 630160518.1360.40100 11115/2010 630160519.1360.40100 7. Name and Address of Contractor SJ Louis Construction of Texas, LTD 520 South 6th Ave PO Box 834 Mansfield TX 76063 8. Description of Work Included in Contract Installlation of 42" Water Transmission Main and associated appurtenances 9. Changes ordered and reason ordered Realignment of main water line to avoid disturbing the foundation of a large DME power pole at Nicosia & Riney. 10. Contract Bid Item No Original Estimated Contract Unit Revised Negotiated C.O. Original Estimated Revised Estimated Changes Quantity Price Estimate Unit Price Cost Cost Mortar Bulkheads N/A 0 NIA 1 $4,808.00 $0.00 $4,808.00 New Trench N/A 0 N/A 1 $494.60 $0.00 $494.60 Safety Plan 8" Concrete N/A 0 NIA 1 $3,770.00 $0.00 $3,770.00 Pavement Additional Worts Days for NIA 0 N/A 3 $15,840.00 $0.00 $47,520.00 alignment change Additional 42" pipe material NIA 0 NIA 1 $25,222.00 $0.00 $25,222.00 costs Traffic Control NIA 0 N/A 1 $6,012.60 $0.00 $6,012.60 Devices Concrete Gap Labor NIA 0 NIA 1 $1,378.88 $0.00 $1,378.88 Remobilization of N/A 0 NIA 1 $31,500.00 $0.00 $31,500.00 Pipe Crew Miscellaneous 48 1 $50,000.00 0.4 $50,000.00 Utility Repairs $20,000.00 TOTAL $50,000.00 $140,706.08 11. Original Contract Price $4,691,240.20 Increase in contract price $90,706.0New Contract Price $4,781,946.28 Decrease in contract price 12. Contract time increased/decreased by _5 days. New contract time X124 days. Page 1 of 2 THE AFOREMENTIONED CHANCE, AND WORK AFFECTED THEREBY, IS SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. 13. SUBMITTED BY: r~ rL fv Pro'ect Manager hs Date/( 14. ACCEPTED BY CITY ENGINEER: ll/4 Signature Date 15. ACCEPTED BY CONTRACTOR; Nfl°A l /~I~iaf~/JGf,~ Title Sign ture Date 16. ASSISTANT CITY MANAGER: Signature Date 17. DIRECTOR OF UTILITIES: Signature Date CONDITIONS OF APPROVAL: 18. PURCHASING/FINANCE; Signature Date 19. COUNCIL APPROVAL (1F NEEDED) Signature Date i I i I i Page 2 of 2 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER THREE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND S.J. LOUIS CONSTRUCTION OF TEXAS, LTD; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4466-CHANGE ORDER NUMBER THREE TO NORTH-SOUTH 42-INCH WATER TRANSMISSION MAIN IN THE AMOUNT OF $90,706.08 FOR A TOTAL CONTRACT AWARD OF $4,781,946.28). WHEREAS, on February 16, 2010 by Ordinance No. 2010-049, the City awarded a public works contract to S.J. Louis Constriction of Texas, LTD, in the amount of $4,670,710 for the North-South 42-Inch Water Transmission Main; WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to the scope of work and an increase in the payment amount, and said change order fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Change Order Number Three, increasing the amount of the contract between the City and S.J. Louis Constriction of Texas, LTD, which is on file in the office of the Purchasing Agent, in the amount of Ninety Thousand Seven Hundred Six and 08/100 ($90,706.08) Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said change order. The total purchase order amount increases to $4,781,946.28. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-()RD-Bid 4466 Change Order AGENDA INFORMATION SHEET AGENDA DATE: December 7, 2010 DEPARTMENT: City Manager's Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Consider a resolution of the City of Denton, Texas, adopting the City of Denton's 2011 State Legislative Program for the 82nd Texas Legislature; and providing and effective date. BACKGROUND: The 82n` Regular Session of the Texas Legislature begins in January 2011. As we prepare for that session we need to compile our key legislative issues for our 2011 State Legislative Program. In the past, our program has consisted of issues anticipated to be considered by the Texas Legislature that primarily relate to state initiatives that impact city finances, regional transportation, utility issues, and public safety issues. The trend of the Texas Legislature has been that each new session brings an increased number of city-related bills filed, with the majority proposing impediments to the ability of cities to govern from a local perspective. For the 81st Regular Session of the Texas Legislature (2009), legislators filed 7,609 bills, and approximately 1,700 were city-related. For the last several sessions, legislative leaders have continued to file and support bills that would lower or broaden the current cap on annual increases in property tax appraisals, impose a local revenue cap, enact costly unfunded mandates, or erode municipal authority to conduct local affairs. As Denton continues to grow, our legislative exposure continues to increase with potentially greater negative impacts to our budget, and more importantly, on our ability to deliver services in the best interest of our citizens. A perfect storm is brewing for the 82nd Texas Legislature with a state financial crisis of $10-$25 billion shortfall; redistricting of House, Senate and Congressional districts; and the sunset review of 28 state agencies, several of which have regulatory authority over our municipal functions. One of the biggest concerns for cities is that the legislature will pass unfunded mandates to local governments as they look for ways to move legislation without having a negative financial impact to the state. A good example of the negative impact of unfunded mandates is the approximate $252,000 in lost annual drainage fee revenue that the City is unable to collect from state agencies and public universities due to a legislative exemption. Another concern is that the legislature will look for additional ways to turn cities into collection agents for the state. Municipal courts in Texas are a good example because over the years the legislature has added fees to speeding tickets, such that today the first $82 collected must be submitted to the state to fund various state programs and the state general fund. In addition, redistricting will play a prominent role, and will be the focus of a power struggle, which will probably distract the membership and cause considerable political posturing. We will ADA/EOE/ADEA www.citN-oftlenton.com (TDD 800-735-2989) 12/2/10 City's 2011 State Legislative Program Page 2 of 2 have to guard against cities becoming collateral damage, through the passage of any bad public policy bill resulting from political deal-making. During the 81st Texas Legislature Interim Session, numerous "interim charges," were given to the legislature by the Speaker of the House and the Lt. Governor to study and report back to the House and Senate members. Typically, these studies identify possible legislative actions relating to such topics and often result in the filing of bills in the next regular legislative session. Several of these interim charges could have had an impact on the City of Denton. There were also several issues that were being considered that could have had negative impacts to Denton Municipal Electric (DME) and its rate payers. Attached is staff's recommended 2011 State Legislative Program. Staff has worked with the Texas Municipal League (TML), the TML Big City group, our legislative consultants and other cities to identify these legislative issues of interest to Denton. The adoption of this program allows city representatives to work with state legislators on supporting and opposing legislation that that will accomplish our goals. It also gives city representatives the ability to react quickly to proposed legislation and authority to enter testimony, on these issues, on behalf of the City. A preliminary draft of this document was reviewed by City Council and the Nov. 9, 2010 Work Session. RECOMMENDATION Adopt the 2011 State Legislative Program PRIOR ACTION/REVIEW (Council, Boards, Commission): City Council Work Session - Nov. 9, 2010 FISCAL INFORMATION: None. Respectfully submitted: John Cabrales Public Information/Intergovernmental Relations Officer Attachment: 2011 State Legislative Program ADA/EOE/ADEA NvNvNv.citvofdenton.com (TDD 800-735-2989) RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, ADOPTING THE CITY OF DENTON'S 2011 STATE LEGISLATIVE PROGRAM FOR THE 82"d TEXAS LEGISLATURE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 82"d Texas Legislature will commence in January 2011; and WHEREAS, appraisal caps, revenue caps, budgeting authority and revenue sources, and many other legislative issues affecting local government will be considered; and WHEREAS, the City of Denton desires to adopt its 2011 State Legislative Program for the 82"d Texas Legislature; NOW, THERFORE, THE COUNCIL OF THE CITY OF DENTON HERBY RESOLVES: SECTION 1. The City of Denton's 2011 State Legislative Program for the 82"d Texas Legislature is adopted as set forth herein and made a part of this resolution for all purposes. SECTION 2. The Mayor and City Council, City Manager and the City Attorney, or their designees shall communicate, the items included in the 2011 State Legislative Program to members of the Texas Legislature. SECTION 3. The City Manager, or his designee, is directed to draft appropriate legislation, seek a sponsor, and actively pursue passage of such legislation by providing testimony from the Mayor and City council and City Staff and through other appropriate means. PASSED AND APPROVED this the 7t` day of December 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: k i 1 - r. t I r 41 ti.. t 1 i st: ~ s a fir.. n{~ I 6. 1, }if. 1 r. r'. 6 I 0 F D t-j' N J'O'N Ttl, x, s 'TAT F.,- L -E, G.1 Sl PROGRA,-N,-~i, 2011 City of Denton 2011 State Legislative Program 82nd Texas Legislative Session City of Denton 2011 State Legislative Program December 7, 2010 Page 1 TABLE OF CONTENTS 1. City of Denton Mayor and Council Contact Information 2 II. City Manager, City Attorney and City Staff Contact Information 3 III. 2011 State Legislative Program Adopting Resolution 4 IV. General Legislative Policy 5 V. Priority Legislative Agenda 7 VI. Discussion of Priority Legislative Issues 8 VII. General Legislative Agenda 11 City of Denton 2011 State Legislative Program December 7, 2010 Page 2 Denton Citv Council Members Mailing Address for all of Council: 215 E. McKinney, Denton, TX 76201 The City Hall Phone number for Council - 940-349-7717 Mayor Mark Burroughs ark.burroughs(a~cityofdenton.com Mayor Pro Tem- At Large Place 5 Pete Kamp Pete.kamp(a~cityofdenton.com Council Member -District 1 Charlye Heggins Charlye.hegginsLckityofdenton.com Council Member - District 2 Dalton Gregory Dalton.gregor_ cityofdenton.com Council Member - District 3 Jim Engelbrecht Jim.engelbrechtLckityofdenton.com Council Member - District 4 Chris Watts Chris.watts(a~cityofdenton.com Council Member - At Large Place 6 James King James.kingLckityofdenton.com City of Denton 2011 State Legislative Program December 7, 2010 Page 3 City Manager, City Attorney and City Staff The Denton City Council and staff are glad to provide information, research issues and testify on the City of Denton legislative issues. Municipal Offices: 940-349-8200 City of Denton 215 E. McKinney Denton, Texas 76201 www.cityofdenton.com George Campbell Anita Burgess City Manager City Attorney 940-349-8306 940-349-8336 george.campbell a~cityofdenton.com anita. burgess a~cityofdenton.com Howard Martin Jon Fortune Assistant City Manager Assistant City Manager 940-349-8232 940-349-8535 howard.martin a~cityofdenton.com jon.fortune a~cityofdenton.com Fred Greene John Cabrales Jr. Assistant City Manager Intergovernmental Relations Officer 940-349-8232 940-349-8509 fred.greene a~cityofdenton.com john.cabrales a~cityofdenton.com Lindsey Baker Assistant to the City Manager 940-349-8234 lindsey.baker a~cityofdenton.com City of Denton 2011 State Legislative Program December 7, 2010 Page 4 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, ADOPTING THE CITY OF DENTON'S 2011 STATE LEGISLATIVE PROGRAM FOR THE 82"d TEXAS LEGISLATURE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 82"d Texas Legislature will commence in January 2011; and WHEREAS, appraisal caps, revenue caps, budgeting authority and revenue sources, and many other legislative issues affecting local government will be considered; and WHEREAS, the City of Denton desires to adopt its 2011 State Legislative Program for the 82"d Texas Legislature; NOW, THERFORE, THE COUNCIL OF THE CITY OF DENTON HERBY RESOLVES: SECTION 1. The City of Denton's 2011 State Legislative Program for the 82"d Texas Legislature is adopted as set forth herein and made a part of this resolution for all purposes. SECTION 2. The Mayor and City Council, City Manager and the City Attorney, or their designees shall communicate, the items included in the 2011 State Legislative Program to members of the Texas Legislature. SECTION 3. The City Manager, or his designee, is directed to draft appropriate legislation, seek a sponsor, and actively pursue passage of such legislation by providing testimony from the Mayor and City council and City Staff and through other appropriate means. PASSED AND APPROVED this the 7t` day of December 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: GENERAL LEGISLATIVE POLICY PRESERVE THE CITY'S STRATEGIC GOALS & INTERESTS STATEMENT OF PRESERVATION As a general policy, the City of Denton seeks to preserve its current authority to govern the city, its citizens, and its property. The City will oppose any legislation viewed as detrimental to the City's strategic goals; or that is contrary to the health, safety, and welfare of its citizens; or that mandates increased costs or loss of revenues; or that would diminish the fundamental authority of the City. SUPPORT LEGISLATIVE POSITIONS THATADDANCE THE CITY'S STRATEGIC GOALS & INTERESTS STATEMENT OF SUPPORT The City will therefore support any legislation viewed as advancing the City's strategic goals; or that improves the health, safety, and welfare of its citizens; or that responsibly increases revenues; or that advances the City's authority to conduct the public's business. The City will oppose any initiatives that seek to erode municipal authority or that otherwise have a negative impact on municipal operations, including but not limited to legislation that would: • Erode home rule authority; • Detrimentally affect the City's financial position by reducing revenue streams or increasing costs; • Erode the authority of Texas cities to manage and control their rights-of-way or other public property and to be reasonably compensated for such use; • Erode current municipal economic development authority; • Erode the current authority of Texas cities to enact a system and set the level of impact fees for new development; and • Further restrict cities' ability to adopt or amend zoning regulations, and annex property in a city's extraterritorial jurisdiction. FORM COALITIONS WITH PARTIES THAT SHARE COMMON GOALS AND INTERESTS WITH THE CITY FORM COALITIONS The City will form strategic partnerships with cities, political subdivisions, and private sector entities that share common goals with the City of Denton. Additionally, the City will work in coordination with organizations such as the Texas Municipal League when their adopted positions are in line with the legislative objectives and goals of the City. The formation of strategic partnerships and coordinated efforts is intended to provide the City with a stronger presence in the legislative process. City of Denton 2011 State Legislative Program December 7, 2010 Page 6 GOALS OF THE CITY'S LEGISLTIVE ACTIVITIES STATEMENT OF GOALS The fundamental goal of all City of Denton's legislative activities is to produce positive outcomes for the citizens of Denton as a whole. Numerous proposals in the Texas Legislature have the potential to seriously impact the ability of the City to carry out its overall mission. By taking a proactive role in monitoring and commenting on proposals in the Texas Legislature we are working to ensure that the citizens of Denton can continue to enjoy the quality of life they have come to expect and deserve. City of Denton 2011 State Legislative Program December 7, 2010 Page 7 PRIORITY LEGISLATIVE AGENDA PRIORITY LEGISLATIVE ISSUES 1. Preserve Local Budgeting Authority and Revenue Sources • 0z2,t?ose legislation that would unduly restrict the ability of the City to set its own budget or raise the necessary revenue to provide services to City residents and businesses. 2. Preserve Local Control of Land Use Planning and Zoning • Support legislation that preserves local land use authority. • 0z2,t?ose legislation that would erode local land use authority by restricting the ability of cities to zone or rezone properties. 3. Allow the authorization of innovative funding concepts to complete I-35E as designed • Support legislation reauthorizing TxDOT to execute Public-Private Partnership agreements with a private sector contractor to complete I-35E, fi^om Interstate Highway 635 to U.S. State Highway 380, which incorporates managed toll lanes. City of Denton 2011 State Legislative Program December 7, 2010 Page 8 DISCUSSION OF PRIORITY LEGISLATIVE ISSUES Preserve Local Budgeting Authority and Revenue Sources The City of Denton will o pose legislation that will unduly restrict the ability of the City to set its own budget or wise the necessary revenue to provide services expected by City residents and businesses. ISSUE During the last several Texas Legislative Sessions, proposals have been set forth that would severely limit the ability of cities to set their budgets or raise adequate revenues to carryout their fundamental functions. For example, numerous proposals to "cap" local revenues and property appraisals have been filed in the Texas Legislature. Every elected official in the City of Denton is sensitive to the tax burden our citizens and businesses pay and is accountable to the local electorate for the decision they make. However, we are also mindful that it takes a great deal of flexibility with our local budget to meet the unique demands for services while at the same time preserving the high standards our community has come to expect. PROBLEM Appraisal and revenue caps undermine the ability of local governments to meet the individual needs and circumstances of their cities. Additionally, one size fits all "caps" violate the fundamental principle of local control. Citizens and businesses have numerous opportunities to provide input in to the City of Denton's budget and tax rate setting processes. Most importantly the citizens of our City get to voice their approval or disapproval of our budgeting performance and tax rates every time we hold a City election. Unfortunately, extremely low appraisal and revenue caps can produce numerous problems. For instance, appraisal caps shift the inequitable tax burden to businesses and new homeowners. This inequitable shift can produce serious long-term negative consequences for the local economy. Revenue caps on the other hand require the City to cut services or undertake on more debt to fund local projects and services. These types of "caps" are particularly harmful to a city like Denton because it prevents the City from adequately dealing with the infrastructure needs brought on by tremendous population growth. It is inappropriate for the State of Texas to expect local governments to provide numerous public services, with no funding from the State, while at the same time unduly restricting the ability of local governments to raise the necessary levels of revenue to provide the required services. SOLUTION If revenue caps are going to be applied to local governments they should be applied uniformly to the state budget as well. In short the same rules should apply to all levels of government. The State could also supplement local government funding as other states have done, who impose revenue caps. City of Denton 2011 State Legislative Program December 7, 2010 Page 9 Preserve Local Control of Land Use Planning and Zoning The City of Denton will su ort legislation that preserves local land use authority and o ose legislation that will erode local land use authority by restricting the ability of cities to zone or rezone properties. ISSUE Over the past few legislative sessions various proposals have been introduced to restrict the ability of cities to enforce their traditional land use controls. Specifically, legislation that requires cities to compensate landowners anytime a zoning classification change (often referred to as a "downzoning") have become dangerously close to becoming the law. Under these proposals cities would have to compensate landowners, even if the proposed zoning changes did not interfere with the current or intended use of the property. In addition to compensating landowners for zoning changes, proposals have been considered that would require compensation for numerous types of city regulations. For example, previously proposed legislation would have required cities to compensate landowners if they restricted the ability of patrons to smoke on premises or limited the time of day that alcohol could be served. All of these types of local restrictions have been debated under the theory of "regulatory takings." Additional legislative proposals would have prevented cities from ever changing the zoning classification of a property if any type of basic permit or site plan has been filed with any governmental entity. Since 1999 the Texas Legislature has continually expanded the "permit vesting" statute to include different aspects of city land use authority. The expansion of the "permit vesting" statute is beginning to interfere with the ability of cities to impose orderly, efficient, and comprehensive land use and development plans for their communities. PROBLEM Restricting the ability of cities to properly regulate land uses ultimately prevents them from being able to respond to the needs and demands of their citizens. For example, land use controls are used to keep undesirable businesses from locating in neighborhood type settings. Additionally, one of the main reasons people live in cities is to have the protection of a regulated land use system. In short when a home or business locates in a particular city they do so in part to ensure that an incompatible structure will not be placed next to their property. SOLUTION The ability of most cities to manage growth and development is based on the Texas constitution's home rule provisions. Cities are allowed to amend charters and pass ordinances as long as they do not conflict with the constitution or general laws enacted by the state legislature. This means that each home rule city can make its own decisions about what planning tools and techniques are most appropriate to its situation unless those tools have been proscribed by the Texas legislature. The State should be very cautious in proscribing solutions that are only applicable to individual situations because of the vast differences between cities in this large state. City of Denton 2011 State Legislative Program December 7, 2010 Page 10 Allow the authorization of innovative funding concel2ts for 1-35E The City of Denton will support legislation that would reauthorize TxDOT to execute Public- Private Partnership agreements with a private sector contractor to complete I-35E, ,from Interstate Highway 635 to U.S. State Highway 380, which incorporates managed toll lanes. ISSUE Interstate Highway 35 East (1-35E) has become one of the most important interstate routes due to trade and commerce traffic. The segment of I-35E from Interstate Highway 635 in Dallas to U.S. Highway 380 in Denton is approximately 28 miles in length with an average daily vehicle count between 175,000 and 200,000 vehicles per day. The 2030 traffic projections show traffic will exceed 330,000 vehicles per day in the most congested areas of I-35E. The use of managed toll lanes on I-35E has been authorized by the Federal Highway Administration ("FHWA") through approval of an Express Lane Demonstration Program entered into between TxDOT and FHWA on September 30, 2009. The current design plans for I-35E provide for the construction of four general purpose lanes and three access road lanes in each direction, for a total of fourteen lanes for which no toll will be assessed. The capacity for the I-35E general purpose lanes and access lanes will be enhanced with the inclusion of two managed lanes in each direction and they will provide necessary financing for the complete development of the project. There are no issues associated with "non compete" clauses in this design plan since the developer would be required to build the free flowing lanes directly adjacent to the managed lanes as a part of the project. Significant public involvement has occurred during the development of the I-35E design process including multiple public meetings and forums. The total cost of the project which is divided into three segments covering 28 miles, is projected to be $4.4 billion. Denton County has pledged its share of Regional Toll Revenue in the amount of $535 million in addition to voter approved County Road Bonds in the amount of $55 million toward the completion of the entire I-35E project. PROBLEM There are currently no significant state or federal funds allocated towards the expansion of this section of I-35E to alleviate current and future projected traffic congestion. The completion of I-35E with the "pay as you go" appropriation method with motor fuel tax revenue could delay implementation of the project for an additional 20-30 years. The stage and construction of I-35E, utilizing innovative financing mechanisms, including entering into Public-Private Partnerships, is the only viable alternative to complete the construction of I-35E within a time horizon of 5-7 years. The I-35E public hearings are scheduled for the Fall of 2010 with environmental clearance and the issuance of a Finding of No Significant Impact expected in the first quarter of 2011. SOLUTION The City supports the proposed TxDOT schematic and design of I-35E from Interstate Highway 635 to U.S. State Highway 380, which incorporates managed lanes. Legislative authorization is needed to allow TxDOT to use innovative funding concepts, such as Public-Private Partnership agreements with a private sector contractor, in order to complete I-35E as designed in 5-7 years. City of Denton 2011 State Legislative Program December 7, 2010 Page I I GENERAL LEGISLATIVE AGENDA Revenue and Taxation • Support legislation that would require mandatory disclosure of real estate sales prices. • Oppose legislation that would lengthen or broaden the scope of the current sales tax holiday. • Oppose any legislation that would impose a sales tax holiday for textbooks. • Oppose legislation that would restrict the ability of cities to impose and collect municipal impact fees from new developments. Land Use and Resources • Support legislation that would provide municipalities the authority to regulate and enforce zoning, building codes, and property maintenance codes within extraterritorial jurisdictions (ETJ). • Support legislation that would address the failure of utility companies to relocate their facilities in a timely manner as required by current law. • Oppose legislation that would seek to erode local regulation of mineral development within the corporate limits of a municipality. • Oppose legislation that would reduce a municipal authority and discretion to approve the creation of a special district within a city's incorporated area or ETJ, including the expansion of a district's boundaries or powers. • Oppose legislation that would erode city annexation authority. • Oppose legislation that will reduce or eliminate development fees, exactions or building permits. • Oppose legislation that will restrict cities' ability to adopt or amend zoning regulations, or vest or otherwise create a property right in a zoning classification. Utilities • Support legislation that will preserve Congestion Revenue Rights (PCRRs) assigned to municipal utilities in exchange for supporting the nodal market construct. City of Denton 2011 State Legislative Program December 7, 2010 Page 12 • Support legislation that preserves the Self Regulation of Municipal Electric Utilities. • Support legislation that protects the ability of governmental entities to maintain confidentiality of certain critical documents and activities. • Support legislation that requires market participants and Retail Electric Providers (REPs) to be properly capitalized before they are allowed to participate in the ERCOT market. • Support legislation that requires more stringent credit requirements for the startup of Retail Electric Providers (REPs). • Oppose legislation that requires municipal electric utilities to pay uplifted charges for those ERCOT Retail Electric Providers (REP) that declare bankruptcy or for any other ERCOT short pay charges. • Oppose legislation that would extend electric subsidies provided by municipal utilities to four-year state universities, upper level institutions, Texas state technical colleges or liberal arts colleges. • Oppose legislation that exempts any further exemptions to the drainage fee. • Oppose any legislation that would limit or prohibit a city's ability to make and sell compost/mulch products, inside and outside of the city limits. • Oppose any legislation that will increase ERCOT Fees. Transportation • Support legislation that would constitutionally protect all revenues in Fund 6 and discontinue the diversion of transportation revenues to non-transportation purposes, and appropriate all revenues from highway user fees and taxes to fund transportation. • Support legislation that would index the motor fuels tax to reduce the decline in purchase power of transportation funding. • Oppose legislation that would create a Regional Mobility Authority in the four county area of North Central Texas including Dallas, Denton, Collin and Tarrant Counties for the purpose of administering funds received through revenue sharing agreements. • Support legislation that directly benefits Denton County Transportation Authority, if such proposals do not adversely affect the city's interest. Public Safety • Support legislation that would require 100 percent reimbursement of costs incurred by cities for services provided during emergency evacuation and shelter operations resulting City of Denton 2011 State Legislative Program December 7, 2010 Page 13 from an emergency evacuation ordered by the governor or the governor's Division of Emergency Management. • Oppose legislation that further restricts a city's ability to implement a photographic red light enforcement system to use cameras at traffic lights and impose a civil penalty for running the light. • Support a bill that applies to a fire department employee employed by a municipality with a population of 100,000 or more providing civil service status for a previously non- classified fire department employee who serves in a position described by Section 143.003 (4) (B), (D), (G), or (J). General Government • Support legislation that heightens environmental standards, improves air and water quality and protects the health, safety, and welfare of Texans. • Support legislation that would exempt cities from any federal collective bargaining legislation that may become law in the future. • Support legislation amending Section 11.1825 of the Tax Code by adding that community housing development organizations (CHDOs) must receive an exemption from taxation from any affected municipality prior to receiving a tax exempt status from the local property appraisal district. • Support legislation that directly benefits UNT and/or TWU, if such proposals do not adversely affect the city's interest. • Support legislation that directly benefits Denton ISD, if such proposals do not adversely affect the city's interest. City of Denton 2011 State Legislative Program December 7, 2010 Page 14 AGENDA INFORMATION SHEET AGENDA DATE: December 7, 2010 DEPARTMENT: Planning and Development ACM: Fred Greenef SUBJECT -1411 E. University Drive (Z10-0007) Hold a public hearing and consider adoption of an ordinance regarding a rezoning from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district with a restrictive overlay on approximately 6.836 acres. The property is located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380). (ZIO-0007) The Planning and Zoning Commission recommends approval with an overlay district (3-2). A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL. PROPOSAL The applicant (Spring Brook Planning Group) desires to rezone the property to allow for the uses permitted within the Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district with the addition of a restrictive overlay. The applicant proposes to allow all permitted uses within the NRMU-12 district except for Laundry Facilities. The restrictive overlay addresses buffering along the site's northern property boundary and architectural standards. These restrictions were added by the applicant to attend to concerns of the surrounding neighborhood discussed at three neighborhood meetings regarding transition and compatibility of adjacent single-family uses. A summary of the neighborhood meetings is provided in Exhibit 7. BACKGROUND The subject site is developed with one single-family home and is unplatted. Thirty-one public notices were sent to residents within 200 feet of the site (Exhibit 8). As of this writing, staff has received 16 responses to the Notice of Public Hearing from property owners within 200 feet of the subject site. Fifteen respondents were in opposition to the request accounting for 4.89 acres or 31.338% of the land area within 200 feet. If 20% or more of the land area within 200 feet of a rezone request is in opposition to the request, a supermajority vote (3/4) is required by the City Council to approve the request. PRIOR ACTION/REVIEW 1. Planning and Zoning Commission October 20, 2010 OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. City Council Staff Report Page I of 48 11 ; ;0'2010 2 14 34 PM Case#: ZIO-0007 RECOMMENDATION The Planning and Zoning Commission recommends APPROVAL of this rezoning request, subject to the overlay district (3-2). The Development Review Committee recommends APPROVAL of this rezoning request, with the restrictive overlay conditions offered by the applicant. EXHIBITS 1. Site Location/Aerial Map 2. Existing Zoning Map 3. Proposed Zoning Map 4. Future Land Use Map 5. Site/Subdivision/Development Plan 6. Letter from the Applicant 7. Neighborhood meeting summaries 8. Notice of Public Hearing Responses 9. Site Photos 10. October 20, 2010 P&Z Meeting Minutes 11. Ordinance Prepared by: Erica Marohnic, AICP Senior Planner Respectfully submitted: Marls Cunningham, AICP, CPM Planning and Development Division Director City Council Staff Report Page 2 of 48 11 ; ;0'2010 2 14 34 PM Case#: ZIO-0007 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: October 20, 2010 TYPE: Rezoning CC Date: December 7, 2010 PROJECT Z10-0007 Project Number: Z10-0007 Request: Rezoning from a Neighborhood Residential 3 (NR-3) to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district with a restrictive overlay on approximately 6.836 acres. Applicant: Spring Brook Planning Group 2405 Mustang Drive Grapevine, TX 76051 Property Owner: John Porter 1111 Emerson Lane Denton, TX 76209 Location: The property is located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380). Size: 6.836 acres Zoning Designation: Neighborhood Residential 3 (NR-3) Future Land Use: Existing Land Use Case Planner: Erica Marohnic, AICP P&Z Recommendation: The Planning and Zoning Commission recommends APPROVAL of this rezoning request, subject to a restrictive overlay district DRC Recommendation: The Development Review Committee recommends APPROVAL of this rezoning request, subject to a restrictive overlay district. Summary of Analysis: The subject site is developed with one single-family home on approximately 6.836 acres. The site is unplatted and has a zoning district of Neighborhood Residential 3 (NR-3), which it received in February 2002 during the city-wide rezoning and adoption of the Denton Development Code (DDC). Prior to NR-3, the zoning district was One-family dwelling district 10 (SF-10). Permitted uses within the SF-10 district were limited to single-family homes, some civic uses and religious institutions. The overlay restrictions proposed by the applicant include a solid fence between any proposed use on site and the existing Crescent Heights subdivision to the north. Per the DDC, a type "C" buffer, 15 feet wide with combination of trees and shrubs, would be required between a City Council Staff Report Page 3 of 48 11 ; ;0'2010 2 14 34 PM Case#: Z10-0007 commercial use and the existing residential. The applicant is proposing a 15 foot buffer regardless of the ultimate use. The buffer will include a 6 foot tall solid fence with evergreen and deciduous trees; however, there will be no shrubs present. The applicant also proposes to further restrict uses within 150 feet of the northern property line to only single-family, professional service and office uses. The architectural standards proposed by the applicant exceed current standards for commercial and multifamily strictures required in Subchapter 13 of the DDC. Specific types of windows, roof pitch and shingle types are stated. Additionally, height is proposed to be limited to one- story, well below the maximum allowed in the NRMU-12 zoning district. Given the location of the subject property along a major arterial and the configuration of the site, it is staff's opinion that the future development potential of the property being consistent with the neighboring single family residences is unlikely. The rezoning request to allow for a more intense zoning district at the intersection of an arterial and collector roadway is indicative of the trend towards mixed use and commercial development that can be supported by the surrounding area. Existing commercial uses are found east and west of the site along University Drive. Thirty-one public notices were sent to residents within 200 feet of the site (Exhibit 8). As of this writing, staff has received 16 responses to the Notice of Public Hearing from property owners. More than 20 percent of the land area within 200 feet of the subject property is in opposition to the request (31338%), therefore, a supermajority vote by Council is required to approve the request. Findings of Fact 1. The request is for a rezoning on approximately 6836 acres from a Neighborhood Residential 3 (NR-3) to a Neighborhood Residential Mixed Use 12 (NRM(J-12) zoning district with a restrictive overlav. The subject property is located at the northeast corner of Glemrood Lane and East University Drive (U.S. 380). 2. The subject site is developed with one single family home and is rrnplatted The former Zoirlirg district 11'aS One far??ilv cArelling district 10 (V-10) prior to the, City-iride rezoning in 2002. 3. The siublect site is frith n the Existing Land U.se f utnre land rise Category ichich includes existing residential ?uses and nail' infill compatibility. Nell' develops??ent should respond to existing development with compatible land uses patterns and design standards. The plan recommends that existing neighborhoods irithin the city be vigorously protected and preserved Housing that is compatible with the existing density, neighborhood service and commercial land ruses is alloired 4. The NR-3 and NRMU-12 zoning districts are irithin the Neighborhood Residential grolup of zoning districts whose intent is to preserve and protect existing neighborhoods to ensure that anv nely development is compatible with the existing land uses, patterns and design standards. This district has seven zoning districts irithin its land nse category. These include Neighborhood Residential I (NR-1), Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), Neighborhood Residential 4 (NR-4), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed Use 12 (NRM(J-12) and Neighborhood Residential Mixed Use (NRMU). City Council Staff Report Page 4 of 48 11 ; ;0'2010 2 14 34 PM Case#: Z10-0007 5. Adjacent zoning districts include Neighborhood Residential 3 (NR-3) to the north, Downtoirn Commercial General (DC-(;) to the hest, Neighborhood Residential Mixed Use 12 (NRMU--12) to the south and Neighborhood Residential 3 (NR-3) to the east. 6 There are no planned public improvements for potable hater, sanitary server, drainage or transportation facilities serving the subject site in relation to this request. 7. Glemvood Lane is classified as a Residential Avenue Collector requiring 65 feet of right- of-way per the City of Denton's Mobility Plan. Glcmvood Lane is constructed of asphalt and is considered unimproved per the Transportation Criteria Manual. 8. University Drive is classified as a Primary Major Arterial requiring 135 feet of right-of- way per the City of Denton's Mobility Plan. 9. Water is available firoium a 6-inch amain along Glenwood Lane. 10. S'ell'er is available by installing a 6-inch amain eastirard from the property to the existing 8-inch main on Rechrood. Development Review Committee Based upon the information provided by the applicant and a recent site visit, the Development Review Committee finds that with the recommended conditions the request IS CONSISTENT with the surrounding land uses and general character of the area, IS CONSISTENT with the Denton Plan, and IS CONSISTENT with the Denton Development Code. The Development Review Committee recommends APPROVAL of this rezoning request, with the following restrictive overlay conditions offered by the applicant: 1. All uses permitted within the NRMU-12 zoning district are permitted on the subject site described in Exhibit A of the ordinance, except for Laundry Facilities. a. The only strictures allowed within 150 feet of the northern property line shall be for single-family detached, single-family attached, duplex or professional service and office uses. 2. A 6-foot high solid screen fence (good side out) shall be installed per the requirements of the Denton Development Code, constricted with steel posts and decorative caps, in the locations specified within Exhibit B of the ordinance, attached hereto and incorporated herein by reference, and is subject to further restrictions as follows: a. The fence shall be constricted in accordance with Section 35.13.9 of the Denton Development Code. b. The fence shall be constricted in the required buffer yard adjacent to the property line in lieu of the required buffer shrubs. c. All required buffer trees shall be planted in accordance with the requirements of the Denton Development Code. d. If the fence is constricted of wood, the wood shall be cedar. 3. In the event that single-family detached, single-family attached or duplex strictures are not developed adjacent to Glenwood Lane, a 6-foot high fence shall be installed per the requirements of the Denton Development Code in the locations specified within Exhibit City Council Staff Report Page 5 of 48 11 ; ;0''010' 14 34 PM Case#: Z10-0007 B of the ordinance, attached hereto and incorporated herein by reference, and is subject to further restrictions as follows: a. The fence shall be constricted of tubular steel. b. A "Type C" buffer shall be planted adjacent to the fencing in accordance with Section '15. 13.8 of the Denton Development Code. b. Perimeter fences are not required where they interfere with access roads and driveways. 4. The following architectural standards shall be incorporated into proposed buildings: a. Architectural elements such as awnings, extended overhangs, columns or shutters shall be incorporated into the design of buildings. b. All windows shall be Double Insulated windows with thermal break and no mirrored glass. c. The minimum roof pitch shall be 4:12 and the maximum roof pitch shall be 10:12. d. Buildings shall incorporate alternating roof plate heights. e. Shingles (if used) shall be a minimum 30 year architectural style composition shingle. f. The exterior of all non-residential and multifamily strictures shall be constricted of a minimum 80 percent masonry (excluding doors windows dormers and trim). For the purposes of this ordinance masonry includes brick, stone and stucco. g. Building height shall be limited to one story. GENERAL NOTES XOTE: Approval of this request shall not constitute a ivaiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. XOTE: All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the Cio) ofDenton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. City Council Staff Report Page 6 of 48 11 ; ;0'2010 2 14 34 PM Case#: Z10-0007 Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: Neighborhood Residential 3 Neighborhood Residential 3 Neighborhood Residential 3 (NR-3); Single family (NR-3); Single family (NR-3); Single family residential residential residential West: East: Doirntown Commercial / • • / / ' / / Neighborhood Residential 3 General Single- / (NR-3); Single family family residential residential commercial development Southwest: South: Southeast: Doirntown Commercial Neighborhood Residential Neighborhood Residential General Multifamily Mixed Use 12 (NRM(J--12); Mixed Use 12 (NRM(J--12) & residential & commercial ✓ Multifamily residential & Neighborhood Residential 3 development undeveloped property (NR-3); Single farm ly residential Source: City of'Denton Geographical 11#6nnatior System and site visit by City staff' Comprehensive Plan: A. Consistency with Goals, Objectives and Strategies The subject site is located in the "Existing Land Use" future land use designation. These areas are typically established residential areas, which new development should respond to existing development with compatible land uses, patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service and commercial land uses is allowed. New residential, neighborhood services and commercial uses would be consistent with the future land use designation and therefore the Denton Plan. B. Land use analysis There is currently 1,170.61 acres designated NRM[_7-12 in the City. Of these, 1,170.61 acres designated NRMU-12 in the City; 1,069.87 acres are shown to be developed (91%), according to the City of Denton GIS. The differences between the NR-3 and NRMU-12 districts primarily relate to the allowance of some commercial uses with size restrictions within the NRM[_7-12 district which are not currently allowed within the NR-3 district. City Council Staff Report Page 7 of 48 11 ; ;0'2010 2 14 34 PM Case#: ZIO-0007 The following tables illustrate the differences between the NRMU-12 and NR-3 districts: Categories Residential Land Use 12 Agriculture P P Livestock L(7) L(7) Single Family Dwellings P P Accessory Dwelling Units L(1) SUP L(1) Attached Single Family Dwellings P SUP Dwellings Above Businesses P N Live/Work Units P N Duplexes P N Community Homes For the Disabled P P Group Homes SUP N Multi-Family Dwellings L(4) N Manufactured Housing Developments N N L(4) = Multi-family is permitted only: 1. With a Specific Use Permit; or 2. As part of a Mixed-Use Development; or 3. As part of a Master Plan Development, Existing; or 4. If the development received zoning approval allowing multi-family use within one year prior to the effective date of Ordinance No. 2005-224; or 5. If allowed by a City Council approved neighborhood (small area) plan. City Council Staff Report Page 8 of 48 11 ; ;0'2010 2 14 34 PM Case#: Z10-0007 Commercial Land Use Categories 12 Home Occupation P P Sale of Products Grown on Site N N Hotels N N Motels N N Bed and Breakfast L(10) N Retail Sales and Service L(15) N Movie Theaters N N Restaurant or Private Club N N Drive-through Facility N N Professional Services and Offices L(14) N Quick Vehicle Servicing N N Vehicle Repair N N Auto and RV Sales N N ***Laundry Facilities N N Equestrian Facilities N N Outdoor Recreation SUP P Indoor Recreation N N Major Event Entertainment N N Commercial Parking Lots N N Administrative or Research Facilities N N Broadcasting of Production Studio N N Sexually Oriented Business N N Temporary Uses L(38) L(38) ***The applicant proposes to eliminate Laundry Facilities as a permitted use within the restrictive overlay district. L(10) = All restrictions of L(8), but limited to no more than 5 guest units. L(13) = Uses are limited to no more than 55,000 square feet of gross floor area per lot. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges. City Council Staff Report Page 9 of 48 11 0^_010,1434 PM Case#: Z10-0007 Industrial Land Use Categories 12 Printing / Publishing N N Bakeries N N Manufacture of Non-odoriferous Foods N N Feed Lots N N Food Processing N N Light Manufacturing N N Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries N N Distribution Center N N Wholesale Storage and Distribution N N Self-service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Kennels N N Veterinary Clinics N N Sanitary Landfills, Commercial N N Incinerators, Transfer Stations Gas Wells SUP SUP L(27) L(27) City Council Staff Report Page 10 of 48 11 ; ;0'2010 2 14 34 PM Case#: Z10-0007 Institutional Land Use Categories 12 Basic Utilities L(25) L(25) Community Service P N Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and Lodges L(15) SUP Business / Trade School N N Adult or Child Day Care P SUP Kindergarten, Elementary School P SUP Middle School P N High School N N Colleges N N Hospital N N Elderly Housing L(13) N Medical Centers N N Cemeteries N N Mortuaries N N City Council Staff Report Page 11 of 48 11 0^_010,1434 PM Case#: Z10-0007 35.5.2.3 General Regulations. General regulatiorns of the Residential Neighborhood Land use zone are coatained Ili the table beloNv: The folloNving limits ipply to subditi-isioa of 2 acres or less: General Regulations NRA NR-2 NR-3 N RA NR-6 NRMLl- NRMU 12 Minimum lot area (square feet) 32,000 16,000 10,000 7,000 6,000 3,500 2,500 Minimum lot width 80 feet 80 feet 60 feet 50 feet 50 feet 30 feet 20 feet Minimum lot depth 1!00 feet 100 feet 80 feet 80 feet 50 feet 80 feet 50 feet Minimum front yard setback 20 feet 20 feet 15 feet 20 feet 10 feet 10 feet None L(2) L(2) Minimum side yard 6 feet 6 feet 6 feet 6 feet 6 feet 6 feet 6 feet Minimum side yard adjacent to a street 10 feet 10 feet 16 feet 10 feet 10 feet 10 feet None Minimum rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet None The follo~, ing limits gppli to subdivision of inore than 2 acres in lieu of uairaianaaa lot size aad di neasion recluirearleats: General Regulations NRA NR-2 NR-3 N RA NR-6 NRMU- NRMU 12 Maximum density, dwelling units per acre 1 2 3.5 4 6 12 30 Minimum side yard for non-attached 20 feet 10 feet 6 feet 5 feet 4 feet 10 feet 12 feet buildings The folio-WAig Lmits apply to all buildings: General Regulations NRA NR-2 NR-3 N R-4 NR-6 NRMU- NRMU 12 Maximum lot coverage 30%p 30% 50% 60% 60%p 60%0 80%0 Minimum landscaped area 70%fl 70%© 55% 40%Q 40% 40% 20% Maximum building height 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet 65 feet 10 feet 10 feet 10 feet 10 feet 10 feet 15 feet 20 feet plus 1 plus 1 plus 1 plus 1 plus 1 plus 1 plus 1 footfor foot for foot for footfor foot for foot for foot for each each each each each each each Minimum yard when abutting a single- foot of foot of foot of foot of foot of foot of foot of family use or district building building building building building building building height height height height height height height above above above above above above above 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet C. Current Zoning District Allocation Subject Property Zoning allocation 6.836 f acres Current Allocation in the Cite Developed Allocation in Change Based Upon the Cite Request Neighborhood Residential Mixed 1,170.61 1,069.87 (91%) +6.836 Use 12 (NRMU-12) Source: City ofDelrtor City Council Staff Report Page 12 of 48 11 ; ;0'2010 2 14 34 PM Case#: Z10-0007 Nearest Elementary, Middle, and High School Name of School Approximate Distance Project's Estimated Annual Student From Subject Property Generation Wilson Elementan- School 2.6 mif Unable to determine, no unit count proposed. Strickland Middle School 2.4 mi f Unable to determine, no unit count proposed. Billy Ryan High School 7 mi f Unable to determine, no unit count proposed. The applicant has not identified a unit type or total and therefore a student generation total cannot be determined for the proposed rezoning. Nearest Fire, and EMS Station Name of Station Approximate Distance From Subject Property Fire/EMS Fire Station #4, 2110 E. Sherman Drive 3.2 mi f Source: Cite ofDerrtorr GIS; Fire Department, a1id E-AIS Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: Subject Property Estimated Im pact Analysis 6.836 f acres Proposed Demand Adequate to Serve (Yes or No) Permitted DensitA- 12 units per acre See below Potable Water Consumption (GPD) 77 Marginal Wastewater Generation (GPD)9 yes B. Available Capacity: Water service is available from an existing 6-inch main along Glenwood Lane. This existing main is inadequate to satisfy fire flow demands for development associated with the requested rezoning; offsite improvements would be necessary to resolve this issue. Sewer service is available by installing a 6-inch main eastward from the property to the existing 8-inch main on Redwood Place. The applicant will have to acquire a public utility easement (PUE) corresponding to the off-site property that this main would cross. C. CIP Planned Improvements: There are currently no planned water or sewer CIP projects for this area. City Council Staff Report Page 13 of 48 11 ; ;0'2010 2 14 34 PM Case#: Z10-0007 Roadways/Transportation Network: A. Estimated Demand: Subject Property Estimated Impact Analysis 6.836 f acres Proposed Demand Adequate to Serve (Yes or No) Permitted Density 12 units per acre Yes Average Annual 700 Yes DAN- Trips (AADT) PM Peak Hour Trips 70 Yes Per Section 35.20.4.1) of the DDC, access to University Drive is not permitted unless no other reasonable means of providing safe access to the property are available. The applicant will be required to provide trip generation calculations to determine if driveway access onto University Drive may be permitted per Section 34-115(3) of the COD Code of Ordinances at platting or seek a variance. A traffic impact analysis (TIA) may be required depending on the trip generation data in accordance with the DDC, Section 35.20.2.M.2. Constriction of a 5-foot wide sidewalk is required along University Drive frontage at the time of development. Any constriction along University Drive right-of-way will require a TXDOT Permit. A large portion of the site's frontage of Glenwood Lane is classified as unimproved per DDC, Section 35.20.2.1-3.a. Therefore, at the time of development, constriction of a 25-feet wide concrete/asphalt pavement, 8-foot wide sidewalk, curb and gutter, and required drainage improvements will be required along Glenwood Lane frontage (DDC, Section 35.20.2.L.2). B. Available Capacity: There is adequate capacity in the roadway infrastructure serving the site. C. Roadway Conditions: Glenwood Lane is unimproved along the site's frontage. At the time of development, the applicant will be responsible for improving Glenwood Lane frontage to City Standards. University Drive (U.S. 380) is in good condition. D. CIP Planned Improvements: There are currently no planned transportation CIP projects for this area. Environmental Conditions: A. Surface Water: There is no surface water present on site. B. Environmentally Sensitive Areas: There are no environmentally sensitive areas present on site. City Council Staff Report Page 14 of 48 11 ; ;0'2010 2 14 34 PM Case#: Z10-0007 Wells (Public/Private): The City water system will be required to be utilized to meet potable water and fire flow requirements. Airports: The subject site is not within the ACLUD boundaries. Electric: Denton Municipal Electric (DME) has sufficient capacity to support this project. Park Facilities: A. Name of park facilities currently serving this area: a. Sequoia Park, 220 feet to the south. b. Nette Shultz Park, 1,500 feet to the northeast. c. Texas Woman's University Golf Course, 670 feet to the southwest B. Type of services within the area: Parks listed are neighborhood parks within '/2 mile radius which include playgrounds, playfields, play courts, walking trails, open space, and picnic facilities. Comments from other Departments: Not applicable. City Council Staff Report Page 15 of 48 11 ; ;0'2010 2 14 34 PM Case#: Z10-0007 Exhibit 1 Site Location/Aerial Map 41 its , i St11), ect Site , , h j - Al~ a t 1 -0007; Legend 1411 East University Drive 0 115 23 C FeeCity Council Staff Report Page 16 of 48 11 30 '?n10 2 14 34 PM Case#: Z10-0007 Exhibit 2 Existing Zoning Map r~ - + REEhI'VoClC ~I~ ( R-3 Subject Site - -G - `REEI DC-G NRPv1U-2 R-3__ - 1 7-1 I DR-2 N Z10-0007; Legend 1411 East University Drive 0 116 230 460 690 920 Centerline FeE 0 parcels City Council Staff Report Page 17 of 48 11 30 '2010 2 14 34 PM Case#: Z10-0007 Exhibit 3 Proposed Zoning Map R-3 7- I~ Subject Site - r, 7 I I,YEr; : KT- - -G i'FEEk, DC-G i NRMU~12 / . NIF .3 J,, r TA~,' DR-2 E Elrr;13E Z10-0007; Legend 1411 E University Avenue Centerline 400 200 0 400 Feet parcels City Council Staff Report Page 18 of 48 11 ; ;0'2010 2 14 34 PM Case#: Z10-0007 Exhibit 4 Future Land Use Map i L u1 i Subject Site _ isting Land Use _ F,, -I -T DovUntown University Cor I N Z10-0007; Legend 1411 East University Drive 0 115 230 460 690 920 Centerline Feet parcels City Council Staff Report Page 19 of 48 11 ; ;0'2010 2 14 34 PbI Case#: Z10-0007 'a e a 0 A aAV /,1i';JDAiun 1-,03 MIT I r~ L Q u W III O 11 + N G f.~. ,1 { k ~ IT, 4-1 (IOO JtN3-l!), i zi~ 1 s: r C 0 a U T U Exhibit 6 Letter from the Applicant Ijrri-_ March 3, 2010 Mr. k1ark Cunninnharr. AICP Director of k lane in a r -1 E evelopment City (J Eerti>n 22'1 '1 E! i r Denton, TX 6201 Dear ~lr 1 rirrir i aria, Re: 2 nit i '"di iii-Iment application for 6-8± acres generally located u, the northeast corner of E- Ur and commonly referred to as `1411 E r .er Er-, in the City of Denton, T-,as. (14"x'1 E i'i i ~rsity Dr. - PAC'10-0018) Clear Pw9r. Cuinninnharr Mr. J,e'ir Pe>rt~r i,- c- )r Erng rHzonir_i the sult[- t pr-l1=rty ;E,: ii :it I) from INR-3 (Neilihl_, r1 _::~_ill P 11-ii it to CdR1,11-1-12 (NIll find F~.iYeti:I 1,'11:,.ed-Use - '12)_ Althorn-ih ii i i.-) en ford line ' Mr- Port-.['- ii tent r- tr: 1MI Ze the hard corner for c_mrrer_i ] a-=, rld F>e15sibiy construct single-family "cln tei lrc,rnes nrid!or townhomes) on tile r [r_riri_1'i of th l rp~rty- PROJECT NARRITIVE: Existing Site C-7r °iticr,7 • The t roE>~rty is t3 r; -roes and is currently zoned NR-3 tExl-ibt • The property is nit i-l.attrd- • There is one single jig i!•.' strrrrbire t--:n the property- • Based on the C l; of E-~ t irar ing; o Tl -re is no E ,,r: -i t ii- pi I rt, TI -r- is over _1 30 li-,,,t n on the property (Exhibit 2) • ,ter i- iilal1 e frorla e: tiVq ;f I I -nrl Glenwood • wariitar• = ? fr-rn 11 air on Redwood • .Acre tc 1-1 r-~r-l -ity i- from Ilend. -,l)d o A iib -ut n Jr, t e,i-Js Surrounding zoning & uses: North: NR-3-Single-fan 1, E. t col South: NRI' l -Senior Li: n,: Undeveloped East: NR-3-Single-family R?-- ill-i ti-r! West: NR-3- Single-family Rest i li~ri & DC-C - Commercial 2405 Mustang Drive / Grapevine, Texas 76051 1 469-955-9580 817-329-4453 (Fax) City Council Staff Report Page 21 of 48 11 ; ;0'2010 2 14 34 PM Case#: Z10-0007 Proposed Site Cony' tI n~-- • Tc fc lI 11 . 11 I- rohahly need to be modified (the arnOUnt is unknown at this tune). • TI, t i i~ 11 rlti-ll structure will be removed I demolished Traffic lrnpalrt: • Alt'r_ li:;°l f°-lera are I &velloped, traffic would I I - _o if the property was rez,~ ,d ;rind rede,el+:t1e1_i- It is anticipated that t nirer_.ity Drive can easily a=ccommodate any incre ! tr-ltf c:- • Benton (Bevel pll -r't C de Analvsis: _t It is antiuipafe d that the proposed development will meet or exceed the requirements of the DDC- • Denton PI=1 n This ,-k;prl -nf meets or exceeds many of the stated goals and policies found in the Dentc:n Pl,_Ir irclu!_i ncg- • The prcpert; 4~Jt;III, th- Exlrting Residential Irfll Cornpatibility land use designatl._;r1. The P-r't_,ri Plar, t_fes- Lf'iCf], 7E th c, + 3twce. and a land uses is allowed. The I p --.ed zoning is respording to the e;=istng devel I In1 nt pattern in the surrcul ling area- Commercial (nc.l1-r rti iii i i ,rr 111 -,rlf adjacent to University and single `°imily residential rr t1-at. • The proposal suppal1 t I- t 'I swing Growth fla rci- meat P i - Page 119 _ 21 j • TI -H growth niail , -rl_ i t sfir tom I - to JI ! ,!J[rporf tl_ 11-ridi atlon of publ c 11 se~y with trr; It _ ci_ , 1-1Irr~l F P it-rn~IIt l th>Itll l_lF: tpl" IrI-1 a etll el-at use of I ill In PI ,I_- aril-l Iltl i_tlI_ICa!VI I-i lili;m'I_1tE" The tribe impact .-1` p n atI ~i 'r'Ic!I,Irr_nt I1p-ji_J11i I - &,-CU1 it_I., d rlti-l~ij and asseSSeR~ II pJrrlp ulrtlr'.rl t ~iUI-III- i t-. 7I1 ~ f?i✓'h~t;t-;. • Land u'_ b- I__II_I1_ 1_i to Ir1_,int_ir q_I 1Lt;' of If , ,_1 dl -r-- Pc-r1_rny and _I -1 I-I1_I,-Itl-ir1_d t k,-I__. T'I~ city pro%, 1 open _;rtui iUI-_- for tl e dam= I-Jt~lll-lit c~t a tul aii ~A 1-ind U e3 within the city. + snIII, 1 ~ i1I11 -1' ! -I' I Ii -ir 1'i nfe i=d, V" ad-11--, trr?1? it lit' It I It I, I t'1P,P11 1-, 1`1 it 7,-rlII--] 1 Ul l I-E !J t-1-: I I- 't If p-, Ifilrrrr-1nI t -n ''f11-11_I t I I a t 1111- I -+I`I 1 1_~ II- ' I _flr" 11 ti f- I 1 lair _Ibilt; t1-: J!llt _13t f1cJt;-I1t al Il' _i ~tl'1r' Iir ai,t5 cl' ne:l:_'1bC'rll i I I:-I-rltl A r- :-~rnir tl ir' 11 the use of zrinll it -v-- a planning tool should he t-D f _,_,rrlnl_Inityvalue -#ully- (P:ic- 23) Based upon the v'_liti-:ll it r-i lI:-r iA d_ lelopment and the exI-.tiiIg land Use mix, the city will i-III-e-i to acesmr :date approximately 3,000 Page 2 of 4 City Council Staff Report Page 22 of 48 11 ; ;0'2010 2 14 34 PM Case#: Z10-0007 acres of ~l e jelopment, 3200 acres of commercial development, and 2,700 o_{cr- -t it --t tl itl _ raI development • rr rrlc:~l_rte fl_itln _ _,:lrrn -i~ -j' i-at I:~ry nodes t1 ro~~r:;'7:?ut fide city. It is r - rrl~ilar~'~I th + ~s-.err ff c11 1j f -I+-It be I !crit d c.: lilt r,i-jously along ccin dorslr a "'-Jiir'r~I ~nneC- r~i aI Criteria fc r apt- „ (§35-3-4-8 DDC) analysis: `I- A complete op[ II ;_,ti n ,nd fee shall be SUbrnitted- Response: A complete application & fee was submitted. 2- Appi°c-,ti:,rr~ rr~, h~,I I r3,rei yen the folllo~t n:;;af~rl .-ire met: a- Till- I lp,i rec. inin - 11Ifi--,rm^-; to the Future ILE iii I IJS,~ Ipmi-nt of Thl . Pprt,)n PIE] 11. Response: The proposed NRMU-12 is consistent with the existing land use designation (Existing Residential I Infill Compatibility). b- The proposed Specific Use Permit meets the criteria set forth in Subchapter 13, and conforms to the Purpose and intent of The Denton Plan. Response: NIA for zoning armendment.. c. The i rezoning or Specific Use Pen it i rl ~ _v:!~ I l late provision of fm r-;[ ort_,tic.n, water, sewers, schools, parks, of -r I i'_I e-11_i Dements and p€Iblic cor,erierll:e. Response: Adequate provisions for public utilities and conveniences exist (see analysis above and PAC09-0023 engineering comrments).. See Exhibit 4 for Property Description See Exhibit 5 f: )r P l-it[ l :,rizc ti :gin (Page 3 of 4 City Council Staff Report Page 23 of 48 11 ; ;0'2010 2 14 34 PM Case#: Z10-0007 In summary, we k: el vo that the proposed zc>i rig meets the goals of the Denton Plan and is compatible to the i it a-,-nt and surroundii l r _ ind land uses- Th aril. you for your consideration on thi= ri attar r t if you have any questions please do not _ t;ta to contact me. Sincerely- Sprr~- O.Dok P,,rrr r r;rwn i R t, A-'-LA, AIICP Cc: John Porter Attachments Exhibit '1 Location & Zoning reap Exhibit 2: Tor r.1=-,p Exhibit J_ NR- - I']R1.1L!-` 2 rr i- .n in Exhibit A Letter c k M r zation City Council Staff Report Page 24 of 48 11 ; ;0'2010 2 14 34 PM Case#: Z10-0007 Exhibit 7 Neighborhood Meeting Summaries 1. The first of two neighborhood meetings was held Monday, April 12, 2010 at 6:45 PM at the North Lakes Recreation Center. Thirty-four (34) people were in attendance, not including the applicant's consultant, applicant, Katia Boykin and Erica Marohnic. Larry Reichhart discussed the proposed rezone, possibility of tailoring an overlay district, indicating commercial at the hard corner of Glenwood Lane and University Drive (U.S. 380) with clustered housing or townhomes adjacent to the Crescent Heights subdivision along the site's northern property boundary. Neighbors had concerns regarding height, type of housing proposed, type of commercial uses proposed, preservation of trees, possibility of a wall separating the residential from the existing neighborhood, size of office and professional uses (less than 5,000 or 10,000 sq. ft.), drainage from site south to University Drive (U.S. 380) into adjacent single-family neighborhood, speculative zoning, forethought to limiting uses with an overlay, aggressiveness of proposal, traffic into the neighborhood, lighting concerns, 24-hour type businesses, hours of operation and difficulty getting onto Glenwood from Palmwood. Neighbors suggested tailoring the rezone request with an overlay including appearance of office uses as single-family buildings, limiting office sizes, prohibiting 24-hour type businesses, lighting, driveway approaches on Glenwood and University Drive (U.S. 380), rezoning only a portion north of the University Drive (U.S. 380) right-of-way up to Palmwood Place and then leaving the remainder as NR-3 and consideration of single-family homes along northern property line. Three neighbors in attendance did state, "no matter what you put here, we are not going to be happy." Katia Boykin and Erica Marohnic spoke with both Mr. Porters after the meeting concluded and suggested they regroup with their consultant and reconsider their proposal. After doing so, they should hold another meeting prior to proceeding to P&Z and Council. 2. The second neighborhood meeting held Tuesday, July 13, 2010 at 6:45 PM at the North Lakes Recreation Center. Nineteen (19) people were in attendance, not including the applicant's consultant, applicant and Erica Marohnic. Larry Reichhart discussed the proposed rezone, and provided attendees with an exhibit showing a 15-foot wide buffer along the site's northern property line and several restrictions regarding architecture. There was an additional condition regarding primary means of access on the exhibit. A second exhibit page provided pictures of a nearby office park built by Mr. Porter and the type of architectural treatments contemplated for the property. Comments from the neighbors included the statement that the restrictive overlay was, "just window dressing," quality of potential multifamily uses if allowed through SUP approval, fencing type and location, 15-foot buffer and residential proximity slope (RPS), access, City Council Staff Report Page 25 of 48 11 ; ;0'2010 2 14 34 PM Case#: Z10-0007 compatibility of proposed uses and transition from the surrounding Crescent Heights subdivision, requests to limit the uses to office or low-density residential, requests to limit commercial potential, limit retail to a specific distance to existing residential, questions of ownership in the future, questions of who will develop the property, questions regarding development time frame and questions regarding the site's topography and cutting into the hill. 3. The third neighborhood meeting held Tuesday, October 12, 2010 at 6:45 PM at the North Lakes Recreation Center. Approximately ten (10) people were in attendance, not including the applicant's consultant, applicant and Erica Marohnic. Larry Reichhart discussed the proposed rezone, and provided attendees with an exhibit showing a 15-foot wide buffer along the site's northern property line, 100-foot wide restricted use area where only single-family, professional service and offices may be constricted and several revised restrictions regarding architecture, maximum height and facade treatment. A second exhibit page provided a comparison of uses permitted within the NR-3 district and those permitted in the NRMU-12 district. Comments from the neighbors included the request to not allow Laundry Facilities within the overlay district, clarification of the term "Single-family" (e.g. single-family attached, detached and duplex), new masonry requirements for non-residential strictures, limiting building height for all uses to one story, access to Glenwood, continuing the 100-foot wide restricted use area where only single-family, professional service and offices may be constricted along Glenwood, questions on grading of the site and the need for a retaining wall along the northern property line, questions regarding the square footage of potential homes, questions posed to Mr. Porter regarding his intent to develop the property personally, consideration of retail only at the hard- corner of Glenwood and University, access variance questions on procedure and the reclassification of Glenwood as a Residential Avenue Collector. City Council Staff Report Page 26 of 48 11 ; ;0'2010 2 14 34 PM Case#: Z10-0007 Exhibit 8 Responses to Notification MAID -nr.» are -1 - I 500 Ft. Radius T7 l~ - FJ~2t. I L T Radius f - TI )r j - - l - r _`1 I 1 -41 v- J - Subject Site u :iL III ~ - i Legend ~ Public Notification Date: 8/27/10 ~cma 0 parcels 200' Legal Notices sent: 31 Favor ienter'iine 1411 E University Avenu.......e 500' Courtesy Notices sent: 99 t Not a Boundary 400 200 0 400 Feet 00 1 r. Notice Boundary Number of responses to 200' Legal Notice: In Opposition: 15 In Favor: 1 Neutral: 0 Opposition is 4.87 acres or 31.338% City Council Staff Report Page 27 of 48 1130 '010 2 14 34 PM Case#: Z10-0007 NOTICE OF PUBLIC HEARING Z10-0007 The Planning and Zoning Commission of the City of Denton will hold a public. 1-o hg (in September 8, 2010 and consider rnaknrg a recommei c-~Aun to City Catin1, regarding a rezoning from a Neighborhood Resident of 3 (NR-3) zoning district to a Nc,!j ,borhood Residential Mixed Use 12 (NRMU-12) zonirg district with a restrictive overlay on apprux malely 6.836 acres- The property is located at the northeast corner of Glenwood Lane and East UmvorAty Drive (U,S, 380), situated within the J.Q. Lilly Survey, Abstract No. 762, Denton, Texas.. The public heariry will -,girt at 6:30 p.m. in the Laity Council Chambers of City Hall located at 216 E. McKinney Street Denton, Texas. Because you own property within two hundred (200) feet of the subject property, fi,e Planning and Zoning Ccwuni~';r"dn would like to hear how you feet about this mquest and unil!es you to attend the public. hc<~rifx~. Please, in order for your opinion to be taken into o~:corjnt, retr.rn this form with your rcrnricnt, prior to the date of the public hearing. (This in no tir ay p.!c!iibifs you from attending and p~?rU ,j~atm in the public hearing.) You may fax it to the num3er located at the bottom or mail it to :lie address below or drop it oft in-person: Planning and Development Department Attn: Erica Marohnic, Project Manager 229 N. Elm ST Benton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request t°Opposed to request'`. Reasons for Opposition: s Signature.'-- - IQ Printed NarRe Mailing Address: City, State Zip: ,z,. TPlel,-~one Number: - Physical Address of Property with n 200 feet: e ~ r CITY OF DEAlT©N, TEXAS CITY MALL WEST • DEMTON, TEXAS 762171 = Nd.3,19.8:_,19 (F) 940.349.7707 i ,IV PS Z Notice City Council Staff Report Page 28 of 48 11 ; 30 '?010 2 14 34 PM Case#: Z10-0007 NOTICE OF PUBLIC HEARING ZI o-0007 The Planning and Zoning Commission of the City of Denton will hold a public hearing on September 8, 2010 and consic r making a recommendatio 1 to City Council, regarding a rezoning from a Neighborhood Residential 3 (NR-3) zoning distdiit to a Neighborhood Residential Mixed Use 12 (NRMU 12) zoniiiq district with a restrictive cve.rlay on approximately 6.336 acres. The property is located it the northeast corner of Glenwood Lane and East University Drive (U.S. 380), siluatod tithin the J,C Lil y Survey, Abstract No. 762, Denton, Texas. The public hoaring will start at 6:30 p.m. in the City Council Chambers of City Nall located at 215 E. 'AcKi'mey ;street, Denton, Texas. Bccausc you own pi'opjif , within two hundwd (200) feet of the 9 su:t cci property, the Planning and Zoniog Commission ~roirfd Ilke to hear how you feel about this .?qo ;t and invites you to €attei,d the public gearing. Please, in order for your opinion to be taken into account, return this forr i \v4h your c.)mrrents prior to the date of the public hearing. (This in no way prohibits you from aittwicu n ar,:i pwa wiluutir ;y in the public heciWq) You may fax it to the number located at the bottom or )nai It to thE_ tdd,(::= s below or drop it off in person; Planning and Development Department Attn: Erica Marohnic, Project Manager 221 N. E`Rn ST Denton, Texas 76201 These forms are used to calculate the percantage of landowners that support and appose the request. The Commission is informed of the perce')t of responses in suppo -t and 7 oppus;J era. Please circle one: In favor of request Neutral to request t7p~posed to request` Reasons for Opositio : , F ~n reS` lo'-Lb c ,oaea Sc in +r- ,rC anj 0i e . ti'i t 7 ~t /p C(E i a/.~%Lym l `~2t F C i'ci7 S 'irC CA f l"(2 ci'ell--s 1r), (LGI 3w h lttl t r$' Lt 'I(~ ~Ul.~> s t1TL_f tC JeCa [ , ('rt)c(.PC~ L-`-'~r Signature: Printed Name. Mailing Address: 1 ,7, 1 Cf:v, Mate Zip: Teleph of e tiumber Phyc,,w-it Address of property within 2(1 l feet: 1 CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 - 944.349,8641 + (F 944.349.7747 1 ` P'97 Notice? City Council Staff Report Page 29 of 48 11; 30'010' 14 34 PM Case#: Z10-0007 NOTICE OF PUBLIC HEARIN& Z10-0007 The Planning and Zoning Commission of the City of Denton will hold a public hearing on September 8, 241') and consider rraking a recommendation to City Council, regarding a rezoning from a Neighhorhood Residontial 3 (NEB-3) zoning district to a Neighborhood Residential Miyed Use 12 (NRh,1tl-12) zoning cist~ ct with za res`.rict ti,e overlay on approxirr.ately 6.836 acres. Tho property is located at the northeast corner of Glenwood Lane and East Universit%' Drive (U.S. 380), situated within the J.Q. Lilly Survey, Abp tract No. 762, Renton, Texas. The public hearing will start at 6:30 p.m. in the City !Cot.r.cll Cl ambws c` City Hall located at 215 E. IiAcKinrley Street, Denton. Texas. Because you own property 4vj'hin. t,vo hundred (200) feet of the .r;ir1, s;;r property, the Planning and Zoning Commission 14rouid tike to hear hove you feet about this request and invites you to <attertJ the public hearing. 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 prc;hif i.'s you from attendir, t and participjiOg in the public hearing.) You may tax it to the number located at the bottom or mail it to the ~address below or drop it off in-person: planning and Development Department Attn: Erica Warohnic, Project Manager 221 N. Elm ST Denton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request (;pp.Q.sed to request Reasons for Opposition: l Acce5's .,r=- 7h" ter, ~ta t V NJ Signature:` -,,r, s rI,it L Printed Name: Vv' r Mailing Address ° ;~E ='c Cf Y t~ City, State Zip. Telephone Nurnbr,r Physical Address of Property within 200 feet: CITY OF J'..IENTON, TEXAS CITY f ALL l'',:7.T • DENTON, TEXAS 76201 • 940.349.3541 • (F) 940.349.7707 Wo, r ez 140tict' Cite Council Staff Report Page 30 of 48 11 ; ;0'2010 2 14 34 PM Case#: Z10-0007 NOTICE OF PUBLIC HEARING Z10-0007 The Planning and Zoning Commission of the City of Denton will held a pLiblic hearing on September 8, 2010 and consider making a recommendation to City Council, regarding a rezoning from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood residential Mixed Use 12 (NRMU-12) zonlixg district with a restrictive overlay on approximately 6.836 acres. The property is located at the r;?rheast corner of Glenwood Lane and East University Drive (U.S. 380), situated within the J.Q. Lilly SL rvoy, Abstract No. 762, Denton, Texas. The public hearing wifl stagy l at 6.30 p.m. in the City Cou-1A ~lTambers of City Mall loca'.e:l at 216 E. McKinney Street, Derfon, Texas. Because you own property Ev;thin two hundred (200) feet of the subject property, the Planning and Zoning Com.,nissiori rv©tdd like to hear how you feel about this it-quest and invites you to attend the pubf(c hear7ng. Please, in order for ;roar opinion to be taken into auc wit, return this form with your corx,rnk~r-Js F',,o to the dale of the pLJ)'ie lioaring. ('phis to no way prohibits you from attending and parfidpating it Me Dearing.) You may fax it to the number located at the bottom or mail it to the address below or dr❑p it off in-person: Planning and Development Department Attn: Erica Marohnic, Project Manager 221 N. Elm ST Denton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the perccA of responses in support and in opposition. Please circle one: In (rro of rc uesL Neutral to request Opposed to request Rea nrn forOppositT6-n _ Signature: Printed Name: Yp Mailing Address; ' City, State Zip: ~,~Qn . -rx )eo wr L Telephone Number: (q,) .i~a 7.9585 Physical Address of Property within 200 feet: tit,ltrr.5ecs CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76203 ~ 944.349.8543 (F) 94U491707 200' P& Z Not+ce City Council Staff Report Page 31 of 48 11 ; ;0''010' 14 34 PM Case#: Z10-0007 NOVICE OF PUBLIC HEARING ZI0-0007 The Planning and Zoning Commission of the City of Denton will hold a public hearing on September 8, 2010 and consider raking a recommendation to City Council, regarding a rezoning from a Nel()N-orhood Re idarttial 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (lJPMU-12) zvritul cistrict with a restrictive overlay on apprcxirttately 6.836 acres. The property is located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380), situated within the ,3.Q. Lilly Survey, Abstract No. 762, Denton, Texas, The public hearing will start at 6:30 p.rn. in the City Council Chambers of City Hall located at 216 E. McKinney Street, Denton, Texas. Bocc?wso you own property 4 ithin Ave hundred (200) feat of the subject property, the Planr?ir r -nd 7uning Commission would fik.; to hoor haw you feel about this request and invites you t" atlc,tu ll;e hearing. Please, it order for your opinion to be taken into account, return this fort" with yau, cortinients prior to the date of the public hearing, (This in no way prohibits you from ottondit!_g and pt~rtic pat;l;~ in the pvbl,c hearing.) You may fax it to the number located at the bottom or mail it to the add ess below or drop it off in-person; Planning and Development Department Attn: Erica Marohnic, Project Manager 221 N. Elm ST Menton, Texas 76241 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commiss:cr, is informed of tha percent of response, in su~pwt Lind in opposition. Please circle one, In favor of request Neutral to request (:Qosed to request reasons for Opposition: Signature: Printed Name: - 1 r MailirgAddress: ft-f 0MVVI*-i:, e(V Yt 1102o9 City, State Zip: Tefeplic,ne Number; Wt l) --5Zt) is 0 3 `a .7', Physical Address of property within 2010 feet: '-y L)t.,,r? zi ! k',041 (1)" 11 76eo CITY OF DENTON, TEXAS CITY HALL WEST - DENTON, TEXAS 761201 - 940.349.3541 + (F) n47'34),7707 e~sz kra~~~ City Council Staff Report Page 32 of 48 1130'010' 1434:PM Case#: ZIO-0007 September 6, 2010 Planning and Zoning Commission of the City of Denton RE: Z10-0007, Rezoning of 1411 E. University Avenue TO WHOM IT MAYCONCERN: Our home is located at 1410 Greenwood Drive within 200 feet of the proposed property zoning change. We are o:jposed to the rezoning of the property at 1411 E. University Avenue. We have lived at this property for 2'l: years and are raising our 7 year old daughter. We do not want the property dovolt-ped for business for the following reasons' 1. The beauty of the nelghborhood will be diminished with 1-2 story business buildings constructed. The green space driving up University AvPnuP is needed to attract homebuyers to the neighborhood. One of the main reasons we purchased our home is the beauty of being able to see green, natural space surrounding the property. Being able to live in the city and experience trees and green space around our home and throughout our neighborhood provides a positive influence on our growing slaughter. Too many ckalldrerti a e deprived of nature in our busy lives and having easy access to seeing and enjoying nature is essential for their growing minds and bodies. We have no doubt constructing fence lines and buildings within 15 feet of our back yard will replace this view with something comparable to the rear end of a shopping center. 2. We were su rpr ised to 'earn that the current property owner raised his children in this neighborhood and wis able to enjoy all of the green space and trees throughout their time living here. Howevei, he is now willing to dirninish the opportunity we have and future families have to experience the same privacy, safety and heauty. 3. The owner- has often referred us to some office buildings he has built on Hinkle Road as an example of what wl III be plac--d here on this property. Admittedly, these are attractive office buildings whi rh dLu not clash with the neighboring areas, However, he has given us no guarantee that he will retain the property once it is rezo ed. He could sell 't plecer:ieal, a Id the subsequent owners would be under no corn arils"on to follow the style of his office buildings. 4. If the property is rezoned, then the h it will be taken out and graded. Presumably there will be a ten to fifteen foot retaining wall built, which will have huge pressures placed on it by the weight of ail the dirt and rock in our neighborhood's soil. This could destah[117P the houses next to any proposed development. We also have a pool, which could easily crack and leak water if this were to happen, 5. Property values. Denton property values have begun to fall, which threatens to bring on the "underwater" phenomenon, vhern the owner owes more on the house than it is worth nn the market. Putting a series of businesses on that property, next door to our neighborhood, can only worsen this situation. 1 City Council Staff Report Page 33 of 48 11 ; ;0'2010 2 14 34 PM Case#: Z10-0007 6i The noise -The increased traffic into what could became a business area will raise the already considerable ro€se level and become a nuisance. c arLage trucks and other utilityvehlcie', will come and go a- nrfd hours of the day and night €nterriipt€ng orrr p.r✓ace., and our sleep. 7. The smell - us nesses most often place their garbage bins behind their hriildings, which would then be very close to our homes. The smell of garbage would ruin orrr enjoyment of our h ickyards, and discourage us from opening our windows during pleasant weather, 8. The lncrcasec heat - paving this large expanse of land car only increase the heat it would retain daring hat weather, which would make our back yards ever hatter during the summer. We respectfully request the Planning and Zoning Commission of the City of Denton deny the request to rezone the property at 1411 E. University Avenue. Respectfully submitted, 1 The Verges Family, 3 Roy Verges, Beth Bates-Verges and Sofia .0111 1410 Greenwood Drive Denton, Texas 76209 2 City Council Staff Report Page 34 of 48 11 ; ;0'2010 2 14 34 PM Case#: Z10-0007 NOTICE OF PUBLIC HEARING Z O-0007 The Planning and Zoning Commission of the City of Denton, will hold a put:(ic hearing on September 8, 2010 and consider making a recommendation to City Council, regardi~cq a rezoning from a Neighborhood Residential 3 (NR-3) zoning district to a Noigl bcr•,oud Residential Mixed Use 12 (NRMU-12) zoning district with a restrictive overlay on approximately 6.836 acres. The property is located at the northeast corner of Clonwood Lane and East Univers ly Drive (U. S. 380), situated within the J.Q. Lilly Survey, Abstract No. 762, Denton, Texas. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, renton, Texas. Bocaus you own property within two hundred (200) feet of the subject property, the ('fanning and Znninq Carnrr.issfon would like to !rear how you feet about this request and invite' you to attend the pubhu hearuij Please, in order for your opinion to be taken into account, return this form with your cornmerts prior to the date o the public hearing. (This in no way prohibits you from attending and pe icipaung in the public h~,arlnn.) You may fax it to the number located at the bottom or mail it to the addre5c: below or drop it urf irl-person: Planning and Development Department Attn: Erica Mrohnic, Project Manager 221 k Elm ST Denton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of tt•e percent of responses in support and i1: opposition. Please circle one: In favor of request Neutral to request Opposed to request t } Reasons for Opposition: t urt~"_l~Jta~~, t Signature: Printed blame: ~ c°c, 11t' )C C 5 - Mailing Address: z E City, State Zip: vin Telephone Number cl y'r) ?i W l Physical Address of Prope rty within 200 feet: . Q ! CITY OF CENT©N, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.85+ I (F) 940,349.7707 ?t~ta~s~ t~~,ri~:~ Q e~ - !J `f _ i h 13 ~ 5 7 ) Cite Council Staff Report Page 35 of 48 11 0^_010,1434 PM Case#: Z10-0007 t NOTICE O ■ U LIC HEARING Z10-0007 The Planning and Zoning Commission of the City of Denton will hold a public hearing on September 8, 2010 and consider makirg a recommendation to City Council, regarding a rozeriny from a Neighborhood Resdential 3 (NR-3) zoning district to a Neighborhood Residential Nixed Use 12 (NRMU-12) zoning clistr;cJ with a restriotive overlay on approximafety f,F36 acres. The property is located at the northeast corner of Glenworc" Lane and East University L) ive (U.S. 380), situated within the J.Q. Lilly Survey. Abstract No. 762, Donlon, I exas. The public hearing will start at 6:30 p.m, in the City Council Chambers of City Hall located at 215 E, McKinney Street, Denton, Texas, Because you own property 1A41hin t.v,-) hundred (200) feet of the subject property, the Planning and Zoning Commission would ff o to hear how you feel about this request and invites you to alter d trip public hearing. Please, in order for your opinion to be taken Into account, return this form with your cc)rnments prior to the date of the ;Lbtic hearing. (This in no way prohibits you from attending and participating in the public hearing,) You may fax it to the number ?ncalr:d at the bottom or mail it to tike address below or drop it off in-person: Planning and Development Department Attn. Erica Marohnic, Project Manager 221 N. Elm ST Denton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is Informed of the percent or responses in support and in opposition, Please circle one: _ In favor of request Neutral to request C~Tppo to re~sf Reasons for !Opposition: Signature: - Printed Name n i Mailirrp Address 12 W24 6 ~ Gi[y, State Zip: _ ,7 - Teleprone Number: f J z Ptryt iral Address of Properly within 2G0 feet: ua CITY OF DENTON, TEXAS CITY HALL £S r W-r TON, TEXAS 76201 * 940.349,8541 - (F) 940.349.7707 WO P&ZNatice City Council Staff Report Page 36 of 48 11 30 '?n1n 2: 14: 34 PM Case#: Z10-0007 NOTICE OF PUBLIC SEARING Z10-0007 The Planning and Zoning Commission of the City of Denton will hold a public hearing uar Se;tumioer 8, 2010 and consider making a recommendation to City Council, regarding a rezoning from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district wilh a restrictive overlay on approximately 6.836 acrCIs. The property is located at the northeast cor~ cr of Glenwood Lane and East University Drive (U.S. 380), situated within the J.Q. Lilly Survey, Abstract No. 762, Denton, Texas. Ti public hcrrrinrq will stark at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKiri St'eat, Denton, Texas. Because you own property within two hundred (200) feet of the sut.iect proT~erdy, the Planning and Zoning Commission would like to hear how you feed about this te. crest anJ invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the slate of t"e public hearing. (This in no w<,y Prohibit, you f~on7 ,ftondind and participating in the public hear'r'n.) You may fax it to the number located at the boLom ~)r mail it to the address below or drop it oft in-person: Planning and Developrncnt Department Attn: Frica Marohnic, Project Manager 221 N. Elm ST Denton, Texas 76201 These forms are used to calculate flip percentage of landowners that support and appose the request. The Con: nisz;iuji is iolo mud of the percent of rcaponses in support and in opposition. Please circle one. _ In favor of request Neutral to request (Snppr,ecl to request Reasons for apposittart:.f ;Tf.r'.,:h.'C,rt~ _ I y` `lA / i f e r f lYis» ri JG- 2vldc 9 z'i - ip Z';j A l 'r' r .Li GCMG rLLJ°LL3G/~ J. t~ V it {j Signature;', Pr rated Name: 1vlailir°g Address; _,Z-L!5 City, State Zip; Telephone Number: 24o -.382- le-z-l Physical Address of F )perty within KO feet: CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, -"r:Xhti; 76201 V-'0-34'1 3541 (F) 9403491707 -0y-t0 ? t: City Council Staff Report Page 37 of 48 11 30'010' 14 34 PM Case#: Z10-0007 NOTICE OF V BLI HEARING 210.0007 The P'ar7fng and Zoning Commission of the City of Denton will held a public hearing on September 8, 20'0 and ronsider making a recommendation to City Council, regarding a rezoning from a h eichborhood Residertial 3 (\IR zoning district to a Neighborhood Residential 'Axed isci 12 (NkiVIU-12) zoning distr,-_t with 'a restfttive overlay on approximately 6.836 acres. The property is located at the northeas' corner cf Glenv. od Cane and East University Drive (U.S. 380), situ~jted within the J.Q. Lilly Survey, Abs*ract No. 7 .62, Denton, Texas. The public hearing will dart at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own PraFerty within two hundred 2 ?Jj fcot of the subject property, the Planning and Zoning Canamissiuri w.o)ty f Bice to hear how you foul OboUf this request and invites you 0 attend the public hearing. 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 aftr ,;dinj and parth:ip4ing in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department Attn: Erica h1arohnic, Project Manager 221 N, Elm ST Denton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request Opposed to request i" Reasons for Opposition:` C "i ~ra .t a Signature: Printed Name - t Mailing Addies_ City, :state Zip:.,l Tc ep:lone Number: Physicai Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY FALL WEST - DENTON, TEXAS 76201 940349,8541 (F) 940.349.7707 200, F, PCVD City Council Staff Report Page 38 of 48 11 ; ;0'2010 2 14 34 PM Case#: Z10-0007 NOTICE OF PUBLIC HEARING Z10-0007 The Planning and 7Cning Cnrrmission of the City of Denton will hold a public hearing on Septem_•er 3, 2014 and corsicer m=.lrinrj a recommendation to City Council, regarding a rezoning from a Neighborhood Resii en`ul 3 (NR •3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district with a restrictive overl on ap[)roximaf-31`y 6.336 acres. The prc pLrty located at the r:urthuast corner of Glenwood Lane and East University Eri,,,e (U.S. 380), situated , ,ithin the J_Q. Lilly Survey, Abstract No. 762, Denton, Texas. The public hearing will start at 6:30 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 (2010) feet of the subject property, the Planning and : -)Wrnq Comrnissir m would like to heat, how you feet about this request and invites you to attend the pl,rh,`i, hearing. Please, in order for your opinion to be taken into account, return this farm with your comments prior _o I e :kite of the public hearing. (This in no way prohibits you from attending and partic)pafing in the puh!ic nearing.) You may fax it to the number located at the bottom or mail it to the address below or droF) it off in-person: Planning and Development Izepartment Attn. Erica arohnic, Project Manager 221 N. Elm ST Denton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is inforrned of the percen' of responses irl surppart and in opposition. Please circle one: _ In favor of request Neutral to request C?pposed to request Reasons for Opposition: _ f~G~(u rc 5~ (fS+t[0 A 7 N4.=i-I. #Ma,(L I"c u.-C rlvr, 011 4 T- LJ E El,; 1"1 0, r Pt.- e- NS, 1(t rtaT, N rvF VC-s dNi~' u , wIAI', 01 ru+ ft ,V c Ld &ac Haan: u- JA -r lep-,ec.iz -y cXoV~_ b t?rte <;o fL_. (f 7 14t512i`® 0-It u pt rF o s lr4 C IV Pk: - toh, r P r`, ~ r r4 10 T "a f ` _ °r OL& ey_ ea P 6" rJ L Signaw-e: 1- Printrjd Narne: 1~4 t_f "+Aailin~Address: City, State Zip: 17 rZ + -0 0 7~ o{+ Telephone Number: v % - • c Physical Address of Property within feet. csi ru do oa G-U CITY OF DENTON, TEXAS CITY HAIL WEST DFNTON, TEXAS 76241 • 940.3454541. (P) 940349J707 City Council Staff Report Page 39 of 48 ++;;0'2010 1 14 34 PM Case#: Z10-0007 NOTICE OF PUBLIC HEARING Z9 0-0007 The Planning and Zoning Commis=ion of the City of Denton will hold a public hearing on September 8, 2010 and consider making a re,:ar m, _ndation to City Council, regarding a re--cni-p from a Neighborhood Residential 3 (NR" zoning district to a Neighborhood Residential Mixac: Use 12 (NRMU-12) zoning district with a restrictive overlay on approximately 6.836 acres, The property is located at the not( a,j, A corner of Glenwood Lane and East d ,iv :rsJy Uride ('J,S, 380), situated within the J.Q. Lilly Survey, Abstract No. 762, Denton, Texas, Tho public hearing will start at 6:30 p.m. in the City Council Chambers of City Nall located at 215 E, %icKin,ey Street, Denton, Texas, Because you own property within two hundred (200) feet of the subject pwi rry, the Planning and Zoning Commission would like to hear how you feet about this request and Ovites ycu to attend the ptifalic hearing. Please, in order for your opinion to be taken into account, return this form Leith your con-ii rats prior to the date of tt-e public hearing_ (This in no way prohibits you fro)r7 oVer,diog and padfcipafi„;j fn the public I.,-antig•I You may fax it to the number located at the botto-r or mall it to the address Wow or drop it off in-person: Planning and Development Department Attn: Erica Marohnic, Project Manager i 221 N. Elm ST Denton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percen- Jresponses in support and in o:)positior. Please circle one: _ In favor of request Neutral to request 2p2sed to request Reasons for Opposition: '~rL .~....rtt Sri C/s~~z-~,~ - /~,12~~~a.a.~r€_f •i- 2~'~ ~..._.r Signature: Pri ted Narr,e: , r? 2;:~.~ ?C, k Iv h t'~ i--- Mailinn Address: I j i %a •ti, 17 v C ty, State Zip: Teleplhor.e Number. Phy:~L:u: Add€ .:s~ of P:upc€ty within 200 feat: ve CITY OF DENTON, TEXAS CITY NAIL WEST • DENTON, TEXAS 76201 940:349,8541 {F} 9403 349,7707 City Council Staff Report Page 40 of 48 ,,;;0'2010 2 14 34 PM Case#: Z10-0007 Sep 06 10 09:29p Jet= McCormiok 9411-~-G, i 90.353 p. t NOTICE O PUBLIC HEARING Z10-0007 The Fannlnc and Zpning Commission of the City of Denton will bald a pabfic nn_n rig on Sopt?mber 8, 2010 and consider making recxmrnendaticn to City Council, regarding a rezo,, rg from a Nefghho: horr Reslde tiaf 3 (MR-9) TnnicI district to a Neighborhood Reside 3tiu: h7 xc.J Use 12 (NRMU-12) zoning district with a restrictive overlay on appro)dmatniy 6.536 axes. The property Is to sated at the nnftheast corner of Glenwood Lane and East University Dove (U.S. 380J, situated within the J.Q. Lilly Sarvey, Abstract Na. 762, Denton, Texas. The public hearing will start at 6:30 p.rr. In the City Council Chambers of City ball located at 215 E. YcKin-my Street. Denton, Texas. Because you own praoper4l w4hin two hundred (200) feet of the suhlPCt property, the plarrnrrrp and Zoning Commission would tike io hear how you fbol about this regoest and invites you to attend tho pubf1c hearing. Please, fn order for your opinion to be takers into aCCClarlt, return this form with your comments prior to the date of the public gearing. (This in no way prohibits you from attending and panic{eating fn the oubf.'c heating.) You may fax it to the number ideated at the bottom or retail it to the address Below or dro;: 't off in-person: Planning and Development Department Attn: Erica Mtarrohnic, Project Manager 2210!, Elm ST Renton, Texas 76201 These farms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the r!erc2nt of responses in support and in opposition. Please circle one: In favor of request Neutral to request C?pposed to request Reasons for Oppositiontt ` f tax it t9i~ M ~ ~m k l~ t~I Y1t 1tl p ~ Yl~. , cast -A h Drh y' , LA-b Signature: Printed iNarrnc' G .prrr, i A+failing address: t-C Vl 0' city, State Zip: T 1t 2 TelephomA Mi-W)er: 940- - 14 Physical Address of Property within 200 feet: V+~ S CITY OF DENTQN, TEXAS crrv HALL WEST • DENT€)N, TEXAS 76201 • 90.349.8541 • (F) 940.349.7717 City Council Staff Report Page 41 of 48 11 30'010' 14 34 PM Case#: Z10-0007 f , NOTICE PUBLIC HEARING Z10-0007 The Planning and Zoning Comm'cs€nn of the City of Denton will hold a public hearing on September 8, 2010 and consider making a ret;ornrnendation to City Council, regarding a rezurling from a Neighborhood Residential 3 (NR-3) zoning district to a Nelght orhood Residential tvl xcd Use 12 (NRMU-12) : on€:,r; cifstrlct with a restMlive overlay on approximately G.836 acres. Tile pir )perty is located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380), s t.jated within the J.Q. Lilly Surrey, Abstract No. 762, Denton, Texas. The public hearing will start at 6:30 p.m. in the City Council Charribuis o° City Hall located at 215 E. McKinney Street, Denton, Texas. Boca!rso you own property within two hundred (200) feet of the subject property, the Planning and Zcnin Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinlon 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, nGrnbor located at the bottom or mail it to the address below or drop it off in-person:. Planning and Development Department Attn: Erica Marohnic, Project Manager 221 N. Elm T Denton, Texas 78201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: --6~~ In favor of request Neutral to request apposed to request as ns for Opposition: r r z5r z5r Printed Nam Mailing Address: City, State ;Zip: _rx Telephone Number: r' Physical Address of °rcperty with€r 200 feet: C17'Y'O DEAfTON, TEXAS CITY ItALLwEST . DENTON TEXAS 76201 99UQ 8641 (F)94U49.7707 tip g.i 1(i 13; `f% k"CVD 200 P&Z Notfae City Council Staff Report Page 42 of 48 11 ; ;0'2010 2 14 34 PM Case#: Z10-0007 NOTICE PUBLIC HEARING Z10-0007 The Planning and Zoning Commission of the Cliyf of Denton will hold a public hearing on september 8, 20107 and consider making a recommendation to City Council, regarding a rezoning from a Neighhod-ood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRP.1u-12) zoning & ,-Arid with a restrictive overlay on approximately 6.836 acres. The property is Icc-*,,d of tho nc[JIMA corner of Glenwood Lane and East University Drive (U.S. 380), situated within tl-ic ,1,Q. Lilly Survey, AtAract No. 762, Denton, Texas, The public hearing will start at 6:30 p.m. in the City Council Chambers of City HaA located at 215 E. McKinney Street, Denton, Texas. Because you own property within ttvo hw)dred (200) foot of the subject property, the Planning and Zoning Commission would tike to hear how you feet about this request and ipvltes you to attend the public hearing. Please, In order for yr,i:r opAlon to be taken Into account, return this form with your comments prior to the date of the pubfin hearing, (This in no way prohibits you from offending and participating in the public hearing,) You may fax it to the number located at the bottom or mail it to the address below or strop it off in-person: Planning and Development Department Attn: Erica Marohnlc, Project r4anager 221 N. Elm 5T Denton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and iii opposition. Please circle one: In favor of request Neutral to request Opposed to reques - Reas ns for 4p osition: h J,3 ld a _ - F L cx fi ,rz_.~ f Signatura. d too Prinfed Name: ;e `C. Mailing Address:- 1(elj City, Stajty Lip: 0 Telephone lilt. rnber: 416 q2-: V p Physical Address of Property within 200 teat: r✓' XA4 OK CITY OF DENTON, TEXAS CRY HA'_~ WEST DENTON, TEXAS 76201 • 940.349.65411 . (i`) 0,10.349.7707 200'PSZ Notice 11 , 1 0 RV D City Council Staff Report Page 43 of 48 11 ; ;0'3010 2 14 34 PbI Case#: Z10-0007 NOTICE OF PUBLIC HEARING ,ZIO-0007 The Planning and Zoning Commission of the City (,f Centon will hold a tmjhllc; hearing on Se..pte,rnher 8, 2010 a:id consider rna in7 a recommendation to City Council, regard;~ip a rezonira 'torn a Neighbc- h,_-)ad Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NR%1 -1?) zoning district with a restrictive overlay on approxlmately 6.833 acres. The property is located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380), situated within the J.Q. Lilly Survey, Abstract No. 762, Denton, Texas. The nubile hearing will start at 6:30 p.m, n the City Council Chambers of City Hall located at 216 E, W,'. ncv Street, Dento7, Toves, 5ecac,se you own property within two hundred (200) feet of the su%;,;; nr perty, the Plnonini; and 7ot?in)g Commission would like to hear how you feei:about this regi,os! and invites you to Woad the pub!+c hearing. Please, in carder for your opinion t;;, be taken into accowil, return this form with your comments prior to the date Qf the public hearing. (This in no way prohL'.,ks you from aftond r;g anct perticr'pat.rny in the pubiic hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it c-ff in-person: Planning and Development Department Attn: Erica Marohnic, Project Manager 229 N. Elm ST Denton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is infc- wed of the percent of responses it supp )rt and in apposition. Please circle one. In favor of request Neutral to request Opposed to request Rea-;nns for opposition: - - - t, fie,, c Z- all ca: r V.+ r% ;igrat ire: y i , r ~ Marling Address: t k t ~ City, State Zip: Telephone Number: Physical Address of Property within 2M feet: CITY OF DEI1tTQN, TEXAS CITY HALL WEST • DENTJN, TEXAS 76201 • 940349.8541 (F) 040.34'9,7707 09-C7-10 13; l eCVD ?00' P3°7 Nolior City Council Staff Report Page 44 of 48 11 30 '3010 214 34 PM Case#: Z10-0007 i NOTICE OF PUBLIC HEARING Z'I 0-0007 The Planning and Zoning Commission of the City of Denton will held a public hearing on Septcll~~"r P. n10 and consider making a --commendation to City Council, regarding a rezoning from a Neicihborhood Residential 3 (f €R- l zoning district to a t`:=i ,hborhood Residential Mixed Use 12 (NIRMU-12) zoning district %v the a restrictive overlay on apprc x mafcly 5.836 acres, The pio nerty is Icc-ated at the northeast corner of C enwood !-ane and Eat Jnivc-rsltJ Chive (U.S. 380), situator within the J.Q. Lilly Survey, Abstract No. 732, Denton, Texas. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKirney Street, Denton, Texas. Because you own property within two hundred (200) feet of the s01,ie,~! Fropertyr the Planning and Zoning Commission would like to hear how you feet about this roques' avid invites you to attend the public hearing. Please, in order for your opinion to betaken into account, return this form with your coiir- en-s prior to the date of the public hearing. (This in no way probibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department Attn: Erica Marohnic, Project Manager 221 N. Elm ST Denton, Texas 76201 These forms are trsect to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of respc: yes in support and in opposition. Please circle one: In favor of request Neutral to reouest (0:1 Se est Reasons for Opposition: ` } ~1 dl~ Im. ((1.QZXeGna~~ C•v~N-,'Akce_ s6, 'n~5erh t{ y e VYterG d'M1 JS J4.A_', uJarcl~ ~ c. GecuDA,, itsn~y Q e tS ir\1A tt~ 5tls + W`, ~~e_ t3rCec,NU''S 4Locil A~a,la~~~~ 1~ [S t~,-t~ *te, ia'h•.lel~~'}5~ 'F~~. Gilt-2c~ for Aur-L tit or ok~tu_ 51q'l:lture: tits v,-inte' Name: Mailinc. Address: [ 4D a Ity, State Zip: Talephone Number: 4- o - oo I Physical Andress of Property within 200 feet: C1T'Y CAF DENTON, TEXAS CITY HALL uvl=sT ; of TON TEXAS 76201 • 940 349th .41 (F)940.3493707 09-07-10 ti'; 1{cv; City Council Staff Report Page 45 of 48 11 ; 0'?0102 14 4 PM Case#: Z10-0007 NOTICE OF PUBLIC HEARIN Z10-0007 The Planning and Zoning Commission of the City of Denton wi I hold a public hearing on September 8, 2010 and consider making a recommendation to City Council, regarding a rezoning from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRh1U-'2) zoning district with a restrictive overlay on approximately 6.833 acres. The property is located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380), situated within the J.Q. Lilly Survey, Abstract No. 762, Denton, Texas. The public hearing will start at 6:30 D.m. in the City Council Chambers of City Hall located at 295 E. McKinney Street, Denton, Texas. Hecause you own property within two hundred (200) feet of the subject preuerty; the Planning and Zoning Commission would tike to hear how you feet about this request and invites you to attend the publra hearing. Please, in order for yotir opinion to be taken into account, return this form'kvith your cointr..unts prior to the date of the :::.Nie hearing. (This in no way prohibits you from afteoding and partir:if:atinf) in the public hearing.) You may fax it to the number located at the bottom o. maid It to the address bplew or strop it off in-person: Planning and Development Department Attn: Erica Marohnic, Project Wanager 221 N. Elm ST Denton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one. In favor of request Neutral to request Pp~~~:,so d to request Reasons for C3pposition: / / ~1G~t G' i tt 'r'1f'rt i[ It~1 5 Signature:~r ffe Printed 14Dr - f `%r'f~l ~r t', t~ 13 tYJ} !'i rviailinq Address Clty S'.atn Zip' f)C 'l k` `llr 2c~GI - Telenhone Number: (~/r'ti ; ' Call Physicol Address of Property within 200 feet: O-2-1 ~ i. CITY OF DENTON, TEXAS CITY HALL WEST - DENTON TEXAS 76201 940.349.8541 (F)940,349.7707 20i7'F'8G Native Cite Council Staff Report Page 46 of 48 11; 30'010' 14 34 PM Case#: Z10-0007 Exhibit 9 Site Photos i t ;wt , A City Council Staff Report Page 47 of 48 11: 0:'2010214 :34PM Case#: Z10-0007 i r f~' c City Council Staff Report Page 48 of 48 11;;0'3010 2 14 34 Pb1 Case#: Z10-0007 I MINUTES 2 PLANNING AND ZONING COMMISSION 3 October 20, 2010 4 5 After determining that a quorum was present, the Planning and Zoning Commission convened a 6 Work Session on Wednesday, October 20, 2010, in the Council Work Session Room at City 7 Hall, 215 E. McKinney Street, Denton, Texas. 8 9 PRESENT: Vice-Chair Jay Thomas. Commissioners: Brian Bentley, Patrice Lyke, Thom 10 Reece and John Ryan. 11 12 ABSENT: Chairman Walter Eagleton and Jean Schaake 13 14 STAFF: Fred Greene, Mark Cunningham, Jerry Drake, Chuck Russell, Jennifer Coles, 15 Erica Marohnic, P.S. Arora and Cindy Jackson. 16 17 18 WORK SESSION 1. Clarification of agenda items listed in the Regular Session agenda for this meeting, and discussion of issues not briefed in the written backup materials. 19 20 Thomas opened the work session at 6:02 p.m. 21 22 Bentley questioned Marohnic on Public Hearing item 4B if the maximum number of dwelling 23 units is 9 and there is an L5 clause for 1 and '/2 bedroom units if the owner could possibly build 24 18 units. Marohnic confirmed this. Bentley continued and questioned how the applicant would 25 be able to meet the parking requirements. Marohnic responded that parking is based on number 26 of bedrooms. Bentley questioned the use of efficiencies and doors being left off bedrooms to 27 reduce required parking. Thomas requested a breakdown of the parking requirements. Marohnic 28 stated she believes it is 1 space for 1 bedroom, 1.5 spaces for a 2 bedroom and 2 spaces for a 3 29 bedroom, but she did not recall the parking requirements for an efficiency unit. 30 31 Thomas closed the work session at 6:11 p.m. 32 REGULAR MEETING 33 After completing the Work Session, the Planning and Zoning Commission convened a Regular 34 Meeting of the Planning and Zoning Commission of the City of Denton, Texas on Wednesday, 35 October 20, 2010 and began at 6:37 p.m. in the City Council Chambers at City Hall, 215 E. 36 McKinney. 37 38 Thomas opened the regular meeting at 6:37 p.m. 39 40 1. PLEDGE OF ANC : 41 42 A. U.S. Flag 1 1 2 B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas one state under God, one and indivisible." 4 2. CONSIDER APPROVAL OF THE PLANNING A ZONING COMMISSION MINUTES FOR: 5 6 A. October 6, 2010 7 8 Commissioner Ryan motioned, Commissioner Lyke seconded to approve the minutes. On roll 9 call vote: 10 11 On roll call vote: Commissioner Ryan "aye", Commissioner Thomas "aye", Commissioner Reece 12 "aye", Commissioner Bentley "aye", and Commissioner Lyke "aye". Motion carried 13 unanimously. (5-0). 14 3. CONSENT AGENDA: Staff reeomme s roval of the followi ~ items excuse they meet the requirements of the Denton Development Code. Approval of the Consent Agenda includes stal'l' recommendations for approvals and authorizes stal'l' to proceed. The Planning and Zoning Commission has reviewed the applications and has had an opportunity to raise questions regarding the items prior to consideration: 15 16 A. Consider approval of a six (6) month extension of the General Development Plan of Rayzor Ranch-South (GDP07-0002). The approximately 265.64 acre site is located at the southeast corner of Interstate Highway 35 East and U.S. Highway 380 (West University Drive). The property is located within Regional Commercial Center Downtown (RCC-D) and Neighborhood Residential Mixed Use (NRMU) zoning, districts as modified by the Ravzor Ranch Overlay District. (GDPE 10-0003, Ravzor Ranch-South, Erica Marohnic) 17 18 19 Commissioner Lyke motioned, Commissioner Ryan seconded to approve the minutes. On roll 20 call vote: 21 22 On roll call vote: Commissioner Ryan "aye", Commissioner Thomas "aye", Commissioner Reece 23 "aye", Commissioner Bentley "aye", and Commissioner Lyke "aye". Motion carried 24 unanimously. (5-0). 25 26 4. PUBLIC HEARINGS: 27 28 2 A. Hold a public hearing and consider making a recommendation to the City Council regarding, a rezoning from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district with a restrictive overlay on approximately 6.836 acres. The property is located at the northeast corner of Glenwood Lane and U.S. Highway 380 (East University Drive). (Z10-0007, 1411 East University Drive, Erica Marohnic) On October 6, 2010, this item was continued to a date certain of October 20, 2010 1 2 3 Marohnic presented this item. The request is to rezone approximately 6.836 acres at the 4 northeast corner of Glenwood Lane and U.S. Highway 380 from Neighborhood Residential 3 5 (NR-3) to Neighborhood Residential Mixed Use 12 (NRMU-12) with a restrictive overlay. 6 Surrounding uses include residential and commercial. The restrictive overlay is proposing all 7 allowable uses with the exception of laundry facilities, a 6 foot tall wrought iron fence, a 15 foot 8 buffer with only trees and a 150 foot limited build zone. The limited build zone would be 9 restricted to only professional and office uses, the buffer would be limited to Type C buffer from 10 the Criteria Manual and the fencing and buffer could be interrupted for ingress/egress. 11 Additional architectural restrictions and limitations were defined in the backup material. 12 13 The property is currently developed with one single-family house. There were 31 certified 14 notices mailed to property owners within 200 feet of the subject site. There were 16 responses 15 received in opposition, 3 of those were outside of the 200 foot radius, but within the 500 foot 16 radius and there was one duplicate. There is a 31.33% area of opposition so a supermajority vote 17 of City Council would be required to rezone this area. The Development Review Committee 18 recommends approval of this request. 19 20 Lyke questioned the total acreage of the limited build area. The applicant, John Porter, 21 responded from the audience, that it would be approximately 3 acres with the restriction area. 22 Bentley stated that the buffer is limited to professional offices, but requested clarification if retail 23 was completely out and if community services would be allowed. Marohnic responded that 24 retail is completely out and if those community services are allowed in the NRMU 12 zoning 25 district those would be allowed as well. Bentley requested further clarification if bars and clubs 26 would be prohibited. Marohnic confirmed this. 27 28 The applicant was present to speak. 29 30 John Porter 31 1111 Emerson Lane 32 33 Porter stated that he purchased the property as an investment opportunity. Porter presented 34 photographs to the Commission of another development of professional offices that he 35 completed behind the Chase Bank Building on U.S. Highway 380 and noted the architectural 36 features, roof pitch and the residential neighborhood that is located to the north of it. 37 38 Bentley questioned the applicant why he was pursing re-zoning the entire property and not 39 something less intense. Porter responded that the NRMU-12 would allow the most flexibility. I Bentley also questioned the ratio of businesses to residences, site design and if any tenants were 2 already planned. Porter responded that several neighborhood meetings have taken place, but a 3 ratio, site design and tenants have not been determined at this time. Porter stated that he has 4 spoken with a dentist and pediatrician, however, without having the zoning approved to allow for 5 those uses it is difficult to begin that stage of the project. 6 7 Ryan questioned if the applicant would be okay with a Specific Use Permit (SUP) requirement 8 for certain uses. Larry Reichhart, Springbrook Planning Group, developer for the applicant, 9 stated that an SUP is already required. 10 11 Porter stated that the overlay limits the development to one-story to keep it harmonious with the 12 neighborhood. Lyke questioned where the road would be located. Reichhart stated that the 13 Denton Development Code (DDC) does not allow for access off of Highway 380 without a 14 variance. Reichhart continued that there is a current median break on Highway 380 and it is the 15 intention of the applicant to pursue a curb cut off of Highway 380 as the variance was too 16 difficult to tie to the zoning. For the current application purpose access will be derived from 17 Gleenwood. Lyke questioned the location of an internal road. Reichhart stated it would loop 18 through the property. 19 20 Reichhart noted that there have been several concerns from the adjoining neighborhood 21 including buffering, transition of uses, quality, architecture, lighting, building height and access. 22 Reichhart stated that he and the applicant feel that the overlay district addresses the majority of 23 those concerns. 24 25 Lyke questioned the topography and if there were plans to grade the hill on the subject site. 26 Reichhart stated the intention is to work within the existing topography. Bentley requested 27 clarification on the limit to one-story and questioned what would prevent a tall commercial box, 28 like CVS. Reichhart stated that the square footage is limited to 5,000 square feet, a lot smaller 29 than a CVS and that he and his applicant are not opposed to a height limit should one be included 30 as a restriction. Reichhart continued that the architectural requirements would not allow a split 31 face retail box. 32 33 Cunningham questioned if it is the applicants intent to put in for the record the elevations of the 34 applicants other project to demonstrate aesthetics and roof pitch. Reichhart stated that the 35 photographs are an accurate representation of style and roof pitch, however, the proposed 36 aesthetic detail and layout will be different. 37 38 Thomas opened the public hearing. 39 40 Spoke in opposition of the request: 41 42 Tim Fisher, 1603 Greenwood Drive 43 Roy Verges, 1410 Greenwood Drive 44 Louise C. Brooks, 1510 Greenwood Drive 45 46 Provided cards in opposition, but did not wish to speak: 4 1 2 Beth Bates-Verges, 1410 Greenwood Drive 3 Doris Roush, 1518 Greenwood Drive 4 Kay Copeland, 1709 Laurelwood Drive 5 Patsy James, 1511 Greenwood Drive 6 7 One card was provided by Larry Reichhart, 2405 Mustang Drive, in favor of the request. 8 Reichhart provided his comments during the presentation of this request. 9 10 Reichhart responded in rebuttal for the applicant. Reichhart addressed the concerns noted by the 11 speaking opposition stating that one complaint was that this was speculative zoning. Reichhart 12 stated that until the property is zoned no one is going to put money forward to invest in creating 13 a site plan. The issue that single-family townhomes may not be compatible Reichhart disagrees 14 with stating they would provide a good transition from commercial to residential uses citing an 15 example on Poinsettia and Sherman Drive. Reichhart stated that this (NRMU-12) is the latest 16 zoning category added by the City. There is some retail and some office uses and this proposed 17 development would blend with other businesses along Highway 380. Other issues addressed 18 including the garbage issue and no restaurants are allowed with this overlay, so the smell from 19 garbage should not be an issue and the lack of green space within the development. 20 21 There were additional discussions and clarifications with the Commission. One more person 22 came forward to speak in opposition: Kay Copeland, 1709 Laurelwood Drive. 23 24 Thomas closed the public hearing. 25 26 Commissioner Ryan motioned, Commissioner Reece seconded to recommend approval of this 27 zoning request. On roll call vote: 28 29 On roll call vote: Commissioner Ryan "aye", Commissioner Thomas "aye", Chairman Reece 30 "aye", Commissioner Bentley "nay", and Commissioner Lyke "nay". Motion carried. (3-2). 31 B. Hold a public hearing, and consider making, a recommendation to the City Council regarding a rezonin, from a Downtown Residential 1 (DR-1) zoning district to a Downtown Residential 2 (DR-2) zoning district on approximately 0.3159 acres. The property is located approximately 130 feet south of the intersection of Eagle Drive and Avenue A, on the east side of Avenue A. (Z010-0011, 911 Avenue A, Erica Marohnic). 32 33 34 Marohnic presented this item. This is a request to re-zone approximately .3159 acres located 35 approximately 130 feet south of the intersection of Eagle Drive and Avenue A, on the east site of 36 Avenue A, from Downtown Residential 1 (DR-1) zoning district to a Downtown Residential 2 37 (DR-2) zoning district to allow an apartment building. The DR-2 zoning district does permit 38 multi-farnily housing; however, it would be difficult to provide many units on the site due to 39 drive aisles and landscaping standards. The maximum would probably be around 18 units. 40 There were 15 notices sent by certified mail to property owners within 200 feet of the subject site 5 I with 1 returned in favor and 1 returned neutral to this request. The request is consistent with the 2 future land use and the Development Review Committee recommends approval. 4 The applicant, Larry Reichhart, Springbrook Planning Group, was present to speak. Reichhart 5 stated he didn't have much to add to the presentation, but added there would be 8 to 10 one 6 bedroom units and one 2 bedroom unit. 7 8 Thomas opened the public hearing. 9 10 Bentley questioned if Reichhart knew how many units were in the surrounding apartment 11 complexes. Reichhart stated he did not, but he could find out as they are owned by the same 12 person. Bentley stated he was concerned that this is a re-zoning request without any plans and 13 technically there could be 18 potential units put there and that everything is vague. Reichhart 14 questioned what would be wrong with 18 potential units if all parking requirements were met. 15 Reichhart continued that this is a relatively simple zoning case that is consistent with the area 16 and site plans are not a requirement for re-zoning. 17 18 Thomas opened the public hearing. 19 20 Spoke in opposition of the request: 21 22 Denton Waterpaugh 23 907 Avenue A 24 25 No one spoke in favor of the request and no additional comment cards were received. 26 27 Reichhart spoke in rebuttal that the City does have allowable operating hours and there would 28 not be constriction taking place during unreasonable or non-allowable hours. 29 30 Commissioner Ryan motioned, Commissioner Reece seconded to recommend approval of this 31 zoning request. On roll call vote: 32 33 On roll call vote: Commissioner Ryan "aye", Commissioner Thomas "aye", Commissioner Reece 34 "aye", Commissioner Bentley "nay", and Commissioner Lyke "aye". Motion carried. (4-1). 35 36 C. Hold a public hearing and consider making a recommendation to City Council regarding a Detailed Plan for an approximately 12.66 acre multi-family development located within a Planned Development District (PD-120). The subject site is located approximately 750 feet south of Loop 288 and approximately 380 feet west of F.M. 2164/Locust Street. (PD10- 0001, Gardens of Denton, Cindv Jackson) 37 38 Jackson presented this item. The request is for a Detail Plan for an approximately 12.66 acre 39 multi-family development located with the Planned Development District (PD-120) 40 approximately 750 feet south of Loop 288 and approximately 380 feet west of F.M. 2164/Locust 41 Street. Surrounding uses include commercial and undeveloped agricultural. The future land use 6 I is Commercial Mixed Use. Jackson outlined features of this Detail Plan as: 100% masonry on 2 all exterior walls, 192 unit multi-family complex with 8 buildings 3-stories in height, a maximum 3 density of 18 units per acre, a club house, pool and proposed play area. Garages do not count 4 toward parking. The site has 40% lot coverage and 60% open space. This Planned Development 5 does not have landscaping requirements and Jackson deferred to Drake for requirements. Drake 6 stated they would follow the DDC landscape requirements. Jackson continued that the proposal 7 exceeds requirements by the DDC. 8 9 Certified and Courtesy notices were mailed to property owners within 200 feet and 500 feet of 10 the subject site. No notices were returned in opposition or in favor. There were a few phone 11 calls regarding the public hearing sign, however, none expressed opposition for the development. 12 13 The Development Review Committee recommends approval of this request with the following 14 conditions: 15 16 1. All original conditions of approval and subsequent modifications associated with PD-120 17 shall remain valid, unless specified herein. 18 19 2. The building facade shall comply with the requirements approved with PDA10-0001, 20 which is scheduled for a public hearing before the City Council on October 19, 2010. 21 22 The applicant was present to speak. Wayne Lewis, 13455 Hall Road. Lewis stated there would 23 be 167 new trees with a 273% mature canopy coverage and noted a space limitation. 24 25 Thomas closed the public hearing. 26 27 Ryan questioned the elevations for the separate garages. Lewis responded they would be one- 28 story, but be the same design as the buildings. 29 30 Commissioner Ryan motioned, Commissioner Reece seconded to recommend approval of this 31 zoning request. On roll call vote: 32 33 On roll call vote: Commissioner Ryan "aye", Commissioner Thomas "aye", Commissioner Reece 34 "aye", Commissioner Bentley "aye", and Commissioner Lyke "aye". Motion carried 35 unanimously. (5-0). 36 5. FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Meetings Act, respond to induiries from the Planning and Zoning Commission or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting 37 38 Thomas stated at the last meeting Eagleton requested the Commission come back with a list of 39 items from the DDC that the Commission felt might need some attention. Ryan would like to 40 recommend this come back as a work session and added the following items to the list: a 41 definition of gardenhome/townhome and zoning district that allows those to happen not as multi- 42 family. Thomas added revisiting the sidewalk ordinances as it relates to "sidewalks going to 7 I nowhere" and the infill overlay in subchapter 7 and the definitions of drive-up versus drive-thru. 2 Bentley added a concern about the Solid Waste department being able to dictate the best policy 3 of the location of solid waste pickup versus what people are able to live with. Bentley also stated 4 he would like to see something about renting rooms and parking regulations for that and some 5 clarification on efficiency apartment units. Bentley also added he would like to see a NRMU -9 6 zoning district that would allow clustered townhomes. Lyke stated she would like to address 7 boarding houses in line with Ryan's concerns. 8 9 Seeing no other business Thomas adjourned the meeting at 8.20 p.m. 10 8 \\codad\departments\legal\our documents\ordinances\10\z10-0007 ordlnanace,doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNTION, WITH AN OVERLAY DISTRICT, ON 6.836 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF GLENWOOD LANE AND EAST UNIVERSITY DRIVE (U.S. 380), SITUATED WITHIN THE J.Q. LILLY SURVEY, ABSTRACT NO. 762, WITHIN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z10-0007) WHEREAS, Spring Brook Planning Group, has applied for a change in zoning for approximately 6.836 acres of land described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter, the "Property"), from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, with an overlay district; and WHEREAS, on October 20, 2010, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the change in zoning, with a restrictive overlay limiting uses and imposing the following additional restrictions (the "Overlay): 1. All uses permitted within the NRMU-12 zoning district are permitted on the subject site described in Exhibit "A" of the ordinance, except for Laundry Facilities. a. The only structures allowed within 150 feet of the northern property line shall be for single-family detached, single-family attached, duplex or professional service and office uses. 2. A 6-foot high solid screen fence (good side out) shall be installed per the requirements of the Denton Development Code, constructed with steel posts and decorative caps, in the locations specified within Exhibit "B" of the ordinance, attached hereto and incorporated herein by reference, and is subject to further restrictions as follows: a. The fence shall be constructed in accordance with Section 35.13.9 of the Denton Development Code. b. The fence shall be constructed in the required buffer yard adjacent to the property line in lieu of the required buffer shrubs. c. All required buffer trees shall be planted in accordance with the requirements of the Denton Development Code. d. If the fence is constructed of wood, the wood shall be cedar. \\codad\departments\1ega1\our documents\ordinances\10\z10-0007 ordlnanace.doc 3. In the event that single-family detached, single-family attached or duplex structures are not developed adjacent to Glenwood Lane, a 6-foot high fence shall be installed per the requirements of the Denton Development Code in the locations specified within Exhibit "B" of the ordinance, attached hereto and incorporated herein by reference, and is subject to further restrictions as follows: a. The fence shall be constructed on tubular steel support posts. b. A "Type C" buffer shall be planted adjacent to the fencing in accordance with Section 35.13.8 of the Denton Development Code. c. Perimeter fences are not required where they would interfere with access roads and driveways. 4. The following architectural standards shall be incorporated into proposed buildings: a. Architectural elements including awnings, extended overhangs, columns or shutters shall be incorporated into the design of buildings. b. All windows shall be Double Insulated windows with thermal break and no mirrored glass. c. The minimum roof pitch shall be 4:12 and the maximum roof pitch shall be 10:12. d. Buildings shall incorporate alternating roof plate heights. e. Shingles (if used) shall be a minimum 30-year architectural style composition shingle. f. The exterior of all non-residential and multifamily structures shall be constructed of a minimum 80 percent masonry (excluding doors windows dormers and trim). For the purposes of this ordinance masonry includes brick, stone and stucco. g. Building height shall be limited to one story. WHEREAS, the City Council finds that the change is consistent with the Denton Plan and the Development Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true. SECTION 2. The zoning district classification and use designation for the Property is hereby changed from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, as further restricted by the above-recommended Overlay district requirements, as specified above in the Recitals. Notwithstanding the attached real i \\codad\departments\legal\our documents\ordinances\10\z10-0007 ordinanace.doc property description, the Property being amended includes all property to the centerline of all adjacent street rights-of-way. SECTION 3. The City's official land use map is amended to show the change in land use designation. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provision of this ordinance are severable. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS;-CIT-YALTf}I~AIEY I I i s:llegal\our documents\ordinances\10\z10-0007 ordinanace.doc EXHIBIT A LEGAL DESCRIPTION Porter Property Description 1411 E. UNIVERSITY DRIVE FIELD NOTES TO ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE J.Q. LILLY SURVEY, ABSTRACT NUMBER 762, AND BEING PART OF A TRACT OF LAND DESCRIBED IN THE DEED TO DONALD L HUTCHERSON AND WIFE, FRANCES R. HUTCHERSON, AS RECORDED IN COUNTY CLERK'S FILE NUMBER 2003-201235 OF THE REAL PROPERTY R E C O R D S OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT AT A 112" CAPPED IRON ROD SET FOR CORNER IN THE SOUTH LINE. OF LOT 11, BLOCK '0', OF CRESTWOOD HEIGHTS, EXTENSION #2, AN ADDITION TO THE CITY OF DENTON, TEXAS, AS RECORDED IN VOLUME 2, PAGE 13, OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND AT THE NORTHWEST CORNER OF LOT 1, BLOCK 1, OF THE NOLES ADDTION TO THE CITY OF DENTON, AS RECORDED.IN CABINET F, SLIDE 359, OF SAID PLAT RECORDS AND AT THE NORTHEST CORNER OF SAID HUTCHERSON TRACT; THENCE SOUTH 00 DEGREES 04 MINUTES 58 SECONDS EAST WITH THE WEST LINE OF SAID NOLES ADDITION AND THE EAST LINE OF SAID HUTCHERSON TRACT A DISTANCE OF 87.70 FEET TO A CAPPED IRON ROD SET FOR CORNER IN THE NORTH RIGHT-OF- WAY LINE OF UNIVERSITY DRIVE AT THE SOUTHWEST CORNER OF SAID NOLES ADDITION; THENCE THE FOLLOWING FOUR CALLS WITH SAID NORTH RIGHT-OF-WAY LINE OF UNIVERSITY DRIVE: 1. SOUTH 70 DEGREES 12 MINUTES 40 SECONDS WEST A DISTANCE OF 848,85 FEET TO A'/2' CAPPED IRON ROD SET FOR CORNER; 2. SOUTH 64 DEGREES 30 MINUTES 01 SECONDS WEST A DISTANCE OF 100.50 FEET TO A'/" CAPPED IRON ROD SET FOR CORNER; 3. SOUTH 70 DEGREES 12 MINUTES 40 SECONDS WEST A DISTANCE OF 106.21 FEET TO AT' CAPPED IRON ROD SET FOR CORNER; 4. NORTH 74 DEGREES 40 MINUTES 25 SECONDS WEST A DISTANCE O F 86.46 FEET TO A'/ CAPPED IRON ROD SET FOR CORNER IN THE EAST RIGHT-OF-WAY LINE OF GLENWOOD LANE; THENCE NORTH 01 DEGREES 45 MINUTES 28 SECONDS EAST WITH THE EAST RIGHT- OF-WAY LINE OF GLENWOOD LANE A DISTANCE OF 83.25 FEET TO A CAPPED IRON ROD SET CORNER IN THE NORTH LINE OF SAID HUTCHERSON TRACT AND IN THE SOUTH LINE OF SAID CRESTWOOD HEIGHTS EXTENSION #2; THENCE NORTH 89 DEGREES 34 MINUTES 25 SECONDS EAST A DISTANCE OF 1.90 FEET TO A CAPPED IRON ROD SET FOR CORNER IN THE EAST LINE OF GLENWOOD LANE; THENCE NORTH 00 DEGREES 25 MINUTES 35 SECONDS WEST WITH THE EAST LINE OF GLENWOOD LANE AND A WEST LINE OF SAID HUTCHERSON TRACT A DISTANCE OF 343.88 FEET TO A7z" CAPPED IRON ROD SET FOR CORNER; THENCE NORTH 89 DEGREES 45 MINUTES 59 SECONDS EAST ALONG OR NEAR A FENCE A DISTANCE OF 1070.75 TO THE PLACE OF BEGINNING AND ENCLOSING 6.836 ACRES OF LAND MORE OR LESS. 'i i I The folio- iii t:-,1_ l_ illtastrate the differences between the NR. -1U-1? ai d-\-R-3 districts: 1 .1 Residential Agriculture P P Livestock L(7) L(r) Single Family D,%-Rings P P Accessor. D ,-II rg Units L(1) Sip Lsi) Attached Siny:e Family Dwellings P SUP Dwellings Above Businesses P N Units P IN P, IN Catnr.iunit; Homes For the Disabled P P Group Hon'-s Sup N Multi-Fair C ,v pings L(q) N Manutactur~,I Hau PI naents N N L(4) = I' ulri ,ii_ily , permitted only: 1. With a 5p cci_ic Use Permit: or As part of _-',,'1i-ced-LTse Develcp client: or 3. Asp air of;{-r-1r Plan Devel_ln t4nt. Existiti--: ci, 4. If tic 1 o=,n_ent received zoiiM 7 ap prol. Tir_= m-,1dti-t;a.1i=11y talc within olrc year prior to the r__ccti, = date of Ordinance 2v o. 2005-244 of 5. If 11 c ,J 1 y a K'aty Colmicil approved iieighlaorlioud (small aced) plail. , Cornmemat! Land Use ,.y, NRMU- 1 12 HonteOccupatioin P P Sate of Products Grown on Site N N Hotels N N Motels N N Bed and Breakfast L(itl) N Retail Sales and Service L(15) N Movie Theaters N N -'.e r.,, ,r,,nt or Private Club N N C.-ive-through Facility N N Professional Services and Offices Lj14) N Quick E; ebicle Servicing N N Vehicle Repair N N Auto and Rd Sales N N "'Laund'ry Facilities N N' Equestrian Facilities N N Outdoor Recreation SUP P indoor Recreation N N Mayor Event Entertainment N N Gornmercial Parking (Lots N N Administrative or Research Facilities N N Bro:adcasting of Production Studio N N Sexually Oriented Business N N Tennpararyr Uses L(38) L(3 8) ...The applica11t 1oposes to e11111inate Laiuidr Facilities as a 13eiiaiitted lise witl1S.11 the restrictive overlay.',il r1ict. L(10) =All 1' `tl'14i1 li.:_ f L(8). bw h11iited tc iic iiicr-~-,tliaii 5 ixi -t units. L(13) LTsc_ t1 c liriiiteJ to lio more tllatl 55.01-k! ltl.ire feet of ~r floor area per lot. L(14) =Uses ai liriiitetl to 11U more than lt),I :i' c feet of el «s floor area. L(1-5) = Uses are limited to 1io 1t o e thall 1i1are feet off gross floor area per lot. Ali SUP is req-Liired for additional Stliiare footage for Sei11i-P-Liblic Halls. C'liibs aitid Loclaes.. luftstrial Land Use Categories NRMU- NR-3 12 Printing,, Publishing N N Bakeries N N Manufacture of Nogg-odoriferous Foods N N Feed Lots N N Fours Processing N N Light Ma€gufacturing N N Heavy Manufacturing N N Wholesale es N N `Aholesal`= Nu -.es N N Distribution '_.-rlier N N Wholesale Storage and Distribution N N elf-service Storage N N Cori r , lrI.1 rterials Sales N N Junk Yards and Auto Wrecking IN N Kennels N N Veterinary Clinics N N Sanitary Landfils, Commercial N N Incinerators, Transfer Stations Gas `Hells slip SUP L(27) Lr277, fl, IT, NRMU- NR-3 i t 12 - -1ltl PS L(:5) L(25) H N Parks and,--, U- i i L- ,a e H C urches, rP P ":liu r-- ,n Lodges L(95) ;sup :I-ia,)l N N A 11' 1-1 11 Gare p SUP Kindergarten, Elementary Il I)l P ;sup [,Aid:, ~ I P N Hlgh Sunool N N Colleges N N Hospital N N Elderly Ho g L(l3) N edini' C_ - N N Cemeteries N N Mortuaries N N EXHIBIT B LOCATION MAP h N ~ u s~ ~ 'r, a 44, I At ; ~a X.L `uvs uaa o I any A4!sjBAIU } 4sn3 TTVT [_OOO-VTG r r y t • j Jli i Nom' i BEd' NN n '1 _ du n AGENDA INFORMATION SHEET AGENDA DATE: November 2, 2010 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT - 911 Avenue A (Z]0-0011) Hold a public hearing and consider adoption of an ordinance regarding a rezoning from a Downtown Residential 1 (DR-1) zoning district to a Downtown Residential 2 (DR-2) zoning district on approximately 0.3159 acres. The property is located approximately 130 feet south of the intersection of Eagle Drive and Avenue A, on the east side of Avenue A. (ZIO-0011) The Planning and Zoning Commission recommends approval (4-1). PROPOSAL The applicant (Spring Brook Planning Group) proposes to redevelop the subject property as a multifamily project. Based on the size of the property, a maximum of nine two-bedroom dwelling units could be constricted. However, multi-family dwellings are not permitted within the existing DR-1 zoning designation; therefore, a rezoning to a more intense district which permits the proposed use is required. BACKGROUND The subject property is comprised of portions of two (2) platted lots, the south 60 feet of Lots 3 & 4, Block 2 of the Wattam Addition. The site is currently developed with a single-family home. The current zoning district is Downtown Residential 1 (DR-1) and the future land use category is Downtown University Core. A neighborhood meeting was held September 20, 2010 at 525 N. Carroll Boulevard. There were no attendees besides staff and the applicant. Fifteen (15) public notices were sent to residents within 200 feet of the site (Exhibit 7). As of this writing, staff has received three responses to the Notice of Public Hearing from property owners within this boundary area. PRIOR ACTION/REVIEW 1. Planning and Zoning Commission October 20, 2010 OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. City Council Staff Report Page 1 of 25 11 0 ^_010 2:44:05 PM Case#: Z10-0011 RECOMMENDATION The Planning and Zoning Commission recommends APPROVAL of this rezoning request (4-1). The Development Review Committee recommends APPROVAL of this rezoning request. EXHIBITS 1. Site Location/Aerial Map 2. Existing Zoning Map 3. Proposed Zoning Map 4. Future Land Use Map 5. Letter from the Applicant 6. Site Photos 7. Notice of Public Hearing Responses 8. October 20, 2010 P&Z Meeting Minutes 9. Ordinance Prepared by: Erica Marohnic, AICP Senior Planner Respectfully submitted: ij~XEA at-v~ Marls Cunningham, AICP, CPM Planning and Development Division Director City Council Staff Report Page 2 of 25 11 0 ^_010 2:44:05 PM Case#: Z10-0011 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: October 20, 2010 TYPE: Rezoning CC Date: December 7, 2010 PROJECT Z10-0011 Project Number: Z10-0011 Request: Rezoning from a Downtown Residential 1 (DR-1) zoning district to a Downtown Residential 2 (DR-2) zoning district on approximately 0.3159 acres. Applicant: Spring Brook Planning Group 2405 Mustang Drive Grapevine, TX 76051 Property Owner: Robert and Richard Hudson 1941 Robin Lane Flower Mound, TX 75028 Location: The property is located approximately 130 feet south of the intersection of Eagle Drive and Avenue A, on the east side of Avenue A Size: 0.3159 acres. Zoning Designation: Downtown Residential 1 (DR-1) Future Land Use: Downtown University Core Case Planner: Erica Marohnic, AICP P&Z Recommendation: The Planning and Zoning Commission recommends APPROVAL of this rezoning request (4-1). DRC Recommendation: The Development Review Committee recommends APPROVAL of this rezoning request. Summary of Analysis: The subject property is comprised of portions of two (2) platted lots, the south 60 feet of Lots 3 & 4, Block 2 of the Wattam Addition. The applicant will have to complete a residential replat prior to developing the property unless lot of record status can be proved. The current zoning designation of the subject property is Downtown Residential 1 (DR-1) and the future land use category is Downtown University Core. The applicant proposes to redevelop the site which currently has one single-family home as a multifamily development. Multi-family dwellings are not permitted within the existing zoning district; therefore a rezoning to a more intense district which permits the use is required. . City Council Staff Report Page 3 of 25 11 0 ^_010 2:44:05 PM Case#: Z10-0011 Prior to the adoption of the Denton Development Code in 2002, the subject site was zoned Single-family 7 (SF-7). According to Denton Central Appraisal District records, the existing home on the property was constricted in 1963. Findings of Fact 1. The applicant is requesting to rezone approximately 0.3159 from a Downtown Residential I (DR-1) zoning district to a Downtown Residential (DR-2) zoning district. The subject site is located within the Downtown University Core f fture land use category. 2. The property is platted as the south 64 feet of Lots 3 and 4, Block 2 of the Wattam Addition. There is one single- a»zly structure on the property. The property has historical1v been utilized as a single-far??lly residence. 3. Prior to the adoption of the Denton Development Code in 2002, the subject site was zoned ,S'ingle-fainly 7 (,S'F-7). 4. The Downtown University Core District is listed as a Special District within the Land Use Element of the Denton Plan. Specifically, the Denton Plan mentions, "Further study should investigate zoning, parking, special mixed-uses, density, and the creation of tax increment financing or other special improvement districts... Small area plans should be used to delineate special needs areas within the district. " 5. The Downtown University Core District is meant to encourage mixed use development within Specfed commercial areas of the district This district is a pedestrian f"iendly district and has four zoning districts within its land use category. These include Downtown Residential I (DR-1), Downtown Residential 2 (DR-2), Downtown Commercial Neighborhood (D(7-N) and Downtown Commercial General (DC-G). 6 The subject site is located within the Downtown Overlay District. 7. The subject site is not located within a Historic or Conservation District. 8. There are no planned public improvements for potable water, sanitary server, drainage or transportation facilities serving the subject site. 9. There are no environmentally sensitive areas are located on site. 10. Avenue A is classified as a Main Street Mixed Use Collector, per the City's Transportation Criteria Manual a 70 ft. right-of-wav is required The subject site takes sole access from Avenue A. 11. An existing 16-inch potable water line is along Avenue A and will serve the site. 12. An existing 8-inch sanitary saver line is available along Avenue A and will serve the site. 13. Extensions of existing facilities will not be required for development or redevelopment of the subject site. However, right-of-wav dedication, easement dedications, corner clip dedication, cost participation for signalization and street improvements will be required at the time development occurs. Additionally, pedestrian access in the form of sidewalk construction will be required City Council Staff Report Page 4 of 25 11 0^_010'44:05 PM Case#: Z10-0011 14. Anticipated irater demand is approximately > gallons per minute ((;PM). 15. Anticipated irasteirater demand is approximately 6 GPM. 16 Anticipated storm irater demand is approximately 2.3 cubic feetper second ((FS). 17. Anticipated transportation demand is less than 60 trips per day. Development Review Committee Based upon the information provided by the applicant and a recent site visit, the Development Review Committee finds that with the recommended conditions the request IS CONSISTENT with the surrounding land uses and general character of the area, IS CONSISTENT with the Denton Plan, and IS CONSISTENT with the Denton Development Code. Based upon the findings-of-fact, the Development Review Committee (DRC) recommends APPROVAL of this rezoning request. GENERAL NOTES XOTE: Approval of this request shall not constitute a ii-aiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. XOTE: All written comments made in the application and subsequent submissions of information made during the application review process, wbicb are on file with the Cio) ofDenton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: DC-N; Multifamily- DR-1; Single-family residence DR-2; Multifamily- West: East: DR-1 & DR-2; Single-family DR-2; Multifamily residence Southwest: South: Southeast: DR-1: Multifainih- DR-1: Multifainih- DR-2; Sororitsv House Source: City ofDenton Geographical 11#6r ination System and site visit by City staff Comprehensive Plan: A. Consistency with Goals, Objectives and Strategies The Downtown University Core district is meant to encourage mixed use development within specified commercial areas of the district. This district is a pedestrian friendly district and has four zoning districts within its land use category. These include Downtown Residential 1 (DR-1), Downtown Residential 2 (DR-2), Downtown Commercial Neighborhood (DC-N) and Downtown Commercial General (DC-G). City Council Staff Report Page 5 of 25 11 0 ^_010 2:44:05 PM Case#: Z10-0011 The Downtown University Core District is listed as a Special District within the Land Use Element of the Denton Plan. Specifically, the Denton Plan mentions, "Further study should investigate zoning, parking, special mixed-uses, density, and the creation of tax increment financing or other special improvement districts. Small area plans should be used to delineate special needs areas within the district." The Denton Plan states the Downtown University Core district will have, "Specified commercial areas should be places of grate vitality, with a mix of educational, residential, retail, office, service, government, cultural and entertainment development. The health and vitality of the area can contribute in a major way to the city, its local and regional image and quality of life. It is a place where residents can live, work, learn and play in the same neighborhood. It includes different uses which may occur on each floor of the building." The existing and proposed zoning districts are consistent with the Goals, Objectives and Strategies of the Denton Plan. B. Land use analysis The existing DR-1 district does not permit multifamily development. The next intense district within the Downtown University Core Districts which permits multifamily development is DR-2. New uses to be permitted in the DR-2 district include multifamily dwellings, bed and breakfasts with an L(9) limitation, retail sales and services with an L(15) limitation, professional service and offices with an L(15) limitation, laundry facilities, and middle schools. The following would be permitted with an SUP if the rezone to DR-2 is approved: administrative or research facilities, broadcasting of production studio, veterinary clinics and medical centers. Based on the size of the site at 0.3159 acres, a rezone to DR-2 would allow a maximum of 9 multifamily dwelling units. The proposed rezoning is compatible with the underlying future land use category and DDC. The following tables are meant to illustrate the similarities and differences between the DR-1 and DR-2 zoning districts: L(5) = Within this district the density of apartments Nvill be calculated as one bedroom equating to .5 units. L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three L(8) = Travelers' accommodations, are permitted, provided that 1. The business-owner or manager shall be required to reside on the property occupied by the accommodation, or adjacent property. 2. That each accommodation unit shall have 1 off-street parking space, and the oN-,ners shall have 2 parking spaces. All spaces shall be in conformance Nvith the requirements of the Off-Street Parking section of this Chapter. 3. That only one ground or Nvall sign, constructed of a non-plastic material, non-interior illuminated of 4 sq. ft. maximum size be alloNved. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation. City Council Staff Report Page 6 of 25 11 0^_010'44:05 PM Case#: Z10-0011 4. That the number of accommodation units allowed shall be proportional to the permitted density of the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the permitted number of traveler's accommodations. -5. All traveler's accommodations shall be within 200 feet of a collector or arterial. Street designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. 6. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 7. Traveler's accommodations are limited to no more than 8 guest units. L(9) = All restrictions of L(8), but limited to no more than 15 guest units L(15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges Residential Land Use Categories Commercial Land Use Categories Agriculture P P Home Occupation P P Sale of Products grown on Site N IN Livestock L(7) L(7) Hotels N N Single Family Dwellings P P Motels N N Accessory Dwelling Units P P Bed and Breakfast L(8) L(9) Attached Single Family Dwellings N P US) Travelers' 4ccommodationi , are pern3 tred, Provided timt tiro meet udciitional cmena - one of which is a max. Dwellings Above Businesses N P of 8 miests. L(9) -ill restricuons of L.(3), lath hLlmed to rro more tlran Lsvenlb'ork Units P P P guest units. Retail Sales and Service N L(15) Duplexes P P t'[S} - Uses aie tanned to eio more than _ l I i i ;ce feet of Community Homes For the Disabled P P oss floor area pee lot. An SUP is r, -t, ii _ for acicl tiotial sclcuxe footage for Senu-Pui L 1-1_,11_ Tubs and Lodges Group Homes N IN M e l Ii-_r u„I N N Multi-Family Dwellings N L(5) Restaurant or Pnvrl- ~Iub N N 5; Within thus district the densit*- of allartnxents will be Drive-through Facility N N calculated as one beclxoom ecluatuag to 3 usuts. Professional Services and Offices N L(15) Manufactured Housing Developments N N Quick Vehicle Servicing N N P Permitted, N=not permitted SUP= Specific Use Pennit Required, L(X)= Limited as Vehicle Repair N IN Auto and RV Sales N N Laundry Facilities N P Equestrian Facilities N N Outdoor Recreation N N Indoor Recreation N N Major Event Entertainment N N Corr ial Parking Lots N N Administrative or Research Facilities N SLIP Broadcasting of Production Studio N SUP Sexually Oriented Business N N Temporary Uses L(38) L(38) 381 - Lust greet the re€lturenrents of Section 3 5.12.9. P Permitted, N =not pemnitted, SUP= Specific Use Pen-nit Required', L(X) = Limited as defined in Section 35.5.8 City Council Staff Report Page 7 of 25 11„0,^_010 2:44:05 PM Case#: Z10-0011 Industrial Land Use Categories Institutional Land Use Categories Printing; Publishing N ION Basic Utilities SUP SUP Bakeries N N Community Service N N Manufacture of Nara-odoriferous Foods N N Parks and Open Space P P Feed Lots N N Churches P P Food Processing N N Semi public, Halls, Clubs, and Lodges P P Light Manufacturing N N Business 1 Trade School N N H -a., I,.i ril~ecturing N N Adult or Child Day Care P P W ll Sales N N Kindergarten, Elementary School P P Wholesale i`f1 1F;eries N N Middle School IN P Distribuii _ n- enter N N High School N N Wholesale Storage and Distribution N N C Irges N N Self-service Storage N N -I- N N Construction Materials Sales N N Elderly F -using N N Junk Yards and Auto Wrecking N N Medical Centers IN SUP Kennels N N Cemeteries N N Veterinary Clinics N SUP Mortuaries N N Sanitary Landfills Commercial P Permitted, N =not permitted, SUP= Specific Use Permil Required. Incinerators, Transfer Stations N N L(X) Limited as defined in Section 35.5.11 GasW e is SUP SUP L(27) L(27) 77 - 11ust, conip1 w- tlt the provisions of Statechapter 89, Gas W_eL Dri Lilg and Ptoduction P Pe-riii Nd soot permi'*e I ='l'P= Specific Use Permit Required, L(X) = Limit-, as defined in '-e r r rr 5 3 City Council Staff Report Page 8 of 25 11 30 ^_010 2: 44:05 I'M Case#: Z10-0011 35.5.2.3 General Regulations. C•et-_f- t, l r- ,a'_atrons of the Do-~ ntown Uiiivets tt Core District General Regulations ■ ■ Minimum lost area (square feet) 4,000 4„000 Minimum lot width 50 feet 40 feet Minimum lot depth 80 feet 80 feet Minimum front yard setback '10 feet 10 feet Minimum side yard 5 feel 5 feet Minimum side yard adjacent to a street 10 feet 10 feet Minimum rear yard '10 feet 10 feet '10 feet 10 feet plus 1 plus 1 foot for foot for Minimum yard abutting a single family each e, rh use or district font of font ,f building buiIli 'ny height heillht over 00 over 30 feet feet Minimum residential unit size 700 SF 500 SF Maximum FAR 0.50 0.75 Maximum density, dwelling units per 8 30 acre Maximum lot coverage 60°J 75°J Minimum landscaped area 401 251 Maximum, building height 40 feet 45 feet City Council Staff Report Page 9 of 25 11 ; 30 ^_ntn 44 n5PM Case#: Z10-0011 C. Current Zoning District Allocation Subject Property Future land Use/Zoning allocation 0.3159 f acres Current Allocation in the City Proposed Allocation Change Based Upon Request Downtown 126.52 -0.3159 126.20 Residential 1 (DR-1) Downtown 579.93 +0.3159 580.24 Residential 1 (DR-2) Source: City ofDentor Nearest Elementary, Middle, and High School Name of School Approximate Distance Project's Estimated Annual From Subject Property Student Generation N. Ravzor Elementary- 1.8 mi f 0.54 Calhoun Middle 1.3 mi f 0.27 Denton High School 1.6 mi f 0.27 Nearest Fire, and EMS Station Name of Station Approximate Distance From Subject Property Fire/EMS Fire Station #3; 1204 McCormick Street 0.3 milesf Source: Cite ofDerrtorr GIS; Fire Delmrimetrt, a1id E_AP; This submittal has been reviewed for compliance with the 2006 International Fire Code and City Ordinance 2009-098, Section 29-2 Amendments to the Fire Code. The applicant is responsible for compliance with all applicable portions of the Fire Code and City Ordinances even in the absence of review comments. Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: Subject Property Estimated Im pact Analysis 0.3159 f acres Proposed Demand Adequate to Serve (Yes or No) Permitted Density- 9 units Yes Potable Water Consumption (GPD) 9 Yes Wastewater Generation (GPD) 6 Yes B. Available Capacity: Water is available via an existing 16-inch water line along Avenue A. Wastewater is available via an existing 8-inch gravity sewer along Avenue A. City Council Staff Report Page 10 of 25 11 0 ^_010 2:44:05 PM Case#: Z10-0011 C. Planned Capital Improvements Projects (CIP): Currently there are no CIP planned for this area. Roadways/Transportation Network: A. Estimated Demand: Subject Property Estimated Im pact Analysis 0.3159 acres Proposed Demand Adequate to Serve (Yes or No) Permitted Densit-v 9 units Yes Average Annual 60 Yes Dailti- Trips (AADT) PM Peak Hour Trips 6 Yes B. Available Capacity: Avenue A can accommodate this development. C. Roadway Conditions: Avenue A is classified as an unimproved roadway (not constricted to City standards). This development will be required to improve their frontage of Avenue A in accordance with the City's Denton Development Code. D. CIP Planned Improvements: There are no planned CIP improvement projects within vicinity of this development. Environmental Conditions: A. Environmentally Sensitive Areas: There are no ESAs located on the subject site. Wells (Public/Private): Public or private potable water wells are not proposed for the site. Any development for the subject site will be required to connect to City water. Airports: The subject site is not within the boundaries of the Denton Municipal Airport Overlay District. Electric: Denton Municipal Electric (DME) has existing overhead facilities on the subject property with sufficient capacity to support future growth. City Council Staff Report Page 11 of 25 11 0 ^_010 2:44:05 PM Case#: Z10-0011 Park Facilities: Owsley Park serves the area, to the northwest approximately 5,420 feet; Quakertown Park also serves the area, to the northeast 6,410 feet and Denia Park to the south 5,700 feet. Park services are neighborhood parks with playgrounds, picnic facilities, playfields, walking trails, Denia Recreation Center, Denia Athletic softball and soccer fields. Comments from other Departments: N/A. City Council Staff Report Page 12 of 25 11 0 ^_010 2:44:05 PM Case#: Z10-0011 Exhibit 1 Site Location/Aerial Map k ^ J 17 1 ^1 ^ ~ h m A , ? s P F P I P ~p e db~GJ6M IMF L ih- ~r s ~1 E, 07 fY9 vk+Rin, - i ~ t a , } m I ' I ~tip. re 'y . Z10-001 1; 911 Avenue A Legend C3 911 Avenue A_projest_,)arcel 0 55 110 220 330 440 Centerline Feet 0 parcels City Council Staff Report Page 13 of 25 11; 0;^_010 2:44:05 PM Case#: Z10-0011 Exhibit 2 Existing Zoning Map DC-G W I D R-2 DC-N I DR-2I Subject Site i DR-2 -I DR-2 LL _ J DR-2 D MARGI _ R-2 Z10-0011; 911 Avenue A N Legend 911_Aveme_A_project parcel 0 56 110 220 330 440 Centerline Feet 0 parcels City Council Staff Report Page 14 of 25 11 30 ^_n1n 2:44 05 PM Case#: Z10-0011 Exhibit 3 Proposed Zoning Map i DC-G I , DC-N - T DR-2 -DR-2i Subject Site LA rI% -Z DR-2 ' LL W DR-2 - 1 i D I~IARGI£ _ ~ R-2 Z1 0-00'1 1; 911 Avenue A N Legend C3 9'11 Avenue_A_prcject~parca 0 55 110 220 330 440 Centerline Feet 0 parcels City Council Staff Report Page 15 of 25 11 30 ^_n1n 2:44 05 PM Case#: Z10-0011 Exhibit 4 Future Land Use Map W I Subject Site Dew town universit core i i I Z10-0011; 911 Avenue A Legend ~gii_.erenue 4 proaect_prwel 0 5 HO 220 330 440 Cen.-erline Feet parcels City Council Staff Report Page 16 of 25 11 0 ^_010 2:44:05 PM Case#: Z10-0011 Exhibit 5 Letter from the Applicant iti , August 10, 2010 Mr- Mark Cunningham, AICP Director of Planning and Development City of Denton 221 N Elm Denton;, TX 76201 Dear Mr- Cunningham, Re: Zoning Amendment application for 911 Ave R in the City of Denton, Texas- (PAC10- 0080) Dear Mr. Cunningham, Mr- Craig Irwin (CCI Investment, LTD) is considering purchasing and rezoning the subject property (Exhibit 1) from DR-1 (Downtown Residential 1) to DR-2 (Downtown Residential 2)_ Although no plans have been formalized, Mir- Ir win"s intent is to utilize the property for a new apartment building- CCI lnv- PROJECT NARRITIVE- Existing Site Conditions- • The property is approximately 0.3'159 acres {13,760 sf) and is currently zoned DR-1 (Exhibit 1)- • The property is platted as the south 64 feet of Lots 3 and 4, Block 2 of the Wattam Addition- • There is one single-family structure on the property- • Based on the City of Denton mapping; o There is no ESA on the property • Water is available via an existing 16" line along Avenue A • Sanitary Sewer is available via an existing 8" sanitary severer along Avenue A- • Access to the property is from Avenue A Surroundnig zoning & uses: Nnrth- DR-1 - Single-family & vacant South: DR-2 & DR-1 - Single-family East: DR-2 - Multifamily West: DR-2 - Single-family Based on Denton Central Appraisal District data, all the properties adjacent to or across the street from the subject properly are non-owner occupied (car rentals)- 2405 Mustang Drive I Grapevine, Texas 76051 f 469-955-8580 / 817-329-4453 (Fax) City Council Staff Report Page 17 of 25 11 0 ^_010 2:44:05 PM Case#: Z10-0011 Proposed Site Conditions: • The existing residential structure will be removed / demolished Traffic Impact: • Although there are no plans developed, traffic would increase if the property was rezoned and redeveloped- It is anticipated that Eagle Drive & Avenue A can easily accommodate any increased traffic. • Denton Develnpmert `ode Analysis: c It is anticipated that the proposed development will meet or exceed the requirements of the ITC. • Denton Plan Analysis: c This development meets or exceeds many of the stated goals and policies found in the Denton Plan including: Growth Management Strategy (pq 24): • The center of the infll devolopment would be in the downtown rIntiict where pry-.ervat n, restoration rer_ieveloprrP_nt and infill would be the focus- Also, it is rer_:_iinrnend d that the city num;diw~r creating `University Districts' at LINT and TWU. These districts would focus on detiveloping compatible, -,upporting land uses adjacent to the universities. • Accori moriLite multifamily residential develepn ent in a variety of forms- Many of the deterioin it cl apartments adjacent to the unive litkes could be renovated or redeveloped as new student lousing in order to hetter support the needs of U NT and T,AiU- Additi sally, ether types of attached re-,idential develepmeart such a fnwnhome-s should be corL~_;idered. It is rectirrimierried that multifurnily development be lor_;ated in aria- that provide tuinstion k-;et.^.reer lower and higher intensity uses, and in a manner that will riot negatively impat-J suer > inding uses- Additionally, multifamily uses should be located in small grouper g-1 around the city in a manner that provides a mix of uses and derisities, rather than concentrating all multifamily uses in ene area which can have negative impacts upon the city- Primary Residential Land Use Principles (pq 35) • Preserve NF.Ighborhoods- The preservation of existing and future neighborhoods can be achieved by demanding high-quality development rind e, tnblisliing design and construction standards that are fair and evenly applied- • Promote a Diverse Dousing Stock: The residential ci }mponent of the land-use plan allows all types of people to live in Denton by allewinf=1 a variety of housing types, sizes and prices. The housing stock should reflect the demographics and economic structure of the community- Page 2 of 4 City Council Staff Report Page 18 of 25 11 30 ^_010 2:44 05 PM Case#: Z10-0011 Limit Spraw[ The residential component of the land-use plan should guide development of housing patterns that limits sprawl, accommodates projected housing demand, and allows quality high density development where it is close to jobs, shopping, schools,. and transit- Residential Land Use Density Strategies (pq 41) • Allow high-density urban style housing in appropriate areas within the downtown university core and other activity centers- General Criteria for approval (§35-3-4-B DDGI analysis 'I. A complete application and fee shall be submitted. Response: A complete application & fee was submitted. 2. Applications may be approved when the fallowing standards are met: a. The proposed rezoning conforms to the Future Land Use element of The Denton Plan. Response: The proposed DR-2 is consistent with the existing land use designation (downtown University Care). b- The proposed Specific Use Permit meets the criteria set forth in Subchapter d, and conforms to the purpose and intent of The Denton Plan- Response: NIA for zoning amendment. c- The proposed rezoning or Specific Use Permit facilitates the adequate provision; of transportation, water, sewers, schools, parks, other public requirements and public convenience- Response: Adequate provisions for public utilities and conveniences exist (see analysis above and PAC10-0080 engineering commentsy_ Properly Description: Wattam Addition Block 2 Lots 3 and 4 (south 64 feet) See Exhibit 4 for Authorization Pape 3 of 4 City Council Staff Report Page 19 of 25 11 ; 30'010'44 05 PM Case#: Z10-0011 In umm:-,r;, l fi :e th--,t U-e proposed z`-rung meets the I_ r-f the Denton Plan and is c.-)rr i -,til- lµ tc tt-.F 1.11x exit _ind urroundi~ ig z- _rniir~ and land u s. viii for your considerWinn ii this matter and if you have any please do not e it ;te tc, contact me. Sincerelly, Spring Brook Planning Group /L .v1e11t 1+ FejC[lll rt, AL LA, ; iCP Cc: Craig Irwin A tt ~ i - l- rr eats: E: hibit 1: Location Zoning rn-,p Exhibit 2: CSR-1 - DR-2 Comp inson Exhibit 3: Letter of Autho!lzati -n City Council Staff Report Page 20 of 25 11 0 ^_010 2:44:05 PM Case#: Z10-0011 Exhibit 6 Site Photos R,. Facing West towards Site Facing Northwest towards Site r,, C .yxe ,vk r wfy++.. 0 Facing West towards Site Facing Northwest towards Site City Council Staff Report Page 21 of 25 11 0 ^_010 2:44:05 PM Case#: Z10-0011 Exhibit 7 Notice of Public Hearing Responses MAPLE w 10 Ft t~Jl tits iti 'n R~iin k~a r,, 1 0 - - EAGLE N ` _ -v.- me 41? .i✓E A 13 T ti5 • ~E Ab'E A 5'.C At`E A Aw'E A L ~.5.'EA ,3 EL..H ,.t ~ Il 3l I vex /UI Ft J ti ti,- ti EI L_I U f l (.J _1 11 g I J rn~ "I L~9-d Public Notification Date: 10/8/10 ZI O_001 1 200' Legal Notices sent: 15 991 Avenue A ag' 500' Courtesy Notices sent: 63 Number of responses to 200' Legal Notice: In Opposition: 0 In Favor: 1 Neutral: 2 City Council Staff Report Page 22 of 25 11 30'010'44 0:5 PM Case#: Z10-0011 Cot 18 10 02:09p Lou Nelson 940-566-0949 p.1 NOTICE OF PUBLIC HEARING Z10-0011 The Planning and Zoning Commission of the City of Denton will hold a public hearing on October 20, 201+0 and consider Taking a recommendation to City Council, regarding a rezoning from a Downtown Res'dential 1 (DR-1) zorir,r, •,iistrict to a Downtovrr Residential 2 (DR-2) zoning district on app-,oximately 0.3159 acres. The property is located approximately 130 feet south of the intersu..tiork o' Eagle Drive and Avenue A, cn the east side of Avenue A anti is known as the south 64 feet of Lets 3 and 4, Block 2 of the Wattam Addition, Denton, Texas. The public hcari,c. will start at 6:30 p.m. in the City Council Chambers of City Mali located at 215 B. McKinney *,trNer, rice,ton, Texas. Because you own 1)ropet7y within two hundred (200) feet of the subject properly, the Planning and Zoning Cori` m"Ssion wot!ld tike to hear how you feel about this reque.tit and inviies yo,r t', Wlend fhe public hearing, Please, in order for your opinion to be taken into acca-irit, return this form wish your comme-its pr or to the date of the public hearing. (This i no way prohibits f,ou from attending and participating in (f e public hearing.; V,)u may fax It to the number located at the bottom ur ria l it to the addrsss balow or drop it off in-porsc Planning and Development Department Attu; rica Marohnic, Project Manager 221 N. Elm ST [Denton, Texas 76241 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is infor ed of the percent of responses in suppo, t and in uppos4ion. Please circle one: favor of request # Neutral to request Opposed to request Reasons for apposition. i n Signature: r Printed Name: Mailing Address- 114:'4 - - - City, State Zip: t a ~r f City, Telephone lumber, -o ° ':3 ~ Physical Address of Property within 200 feet; z'i c G CITY OF DENTON, TEXAS CITY HALL WE$T - DENTON, TEXA$ 76201 940,349 8541 • tFl 94D3493707 eels. City Council Staff Report Page 23 of 25 11 30'010'44 0:5 PM Case#: Z10-0011 Nov 17 19 07:13p 80VN EUROPEAN SLEEP SYSTE 214 351 1015 PA NOTICE OF PUBLIC HEARING Z10-0011 The Planning and Zoning Commission of the City of Denton will hold a public hearing rin October 20, 2010 and consider making a recommendation to City Council, regarding a rezoning from a Downtown Residential 1 (DR-1) zoning district to a Downtown Residential 2 (DR-2) zoning district on approximately 0.3150 a(-.res. Ter pro?orty is loca+ed approximately 130 feet south of the nte,section of Eagle Drive and .Averua A, nn trc east side of Avenue A and is known as the south 64 feet of Lots 3 and 4, Blau 2 of the Wattarn Adc ition, Denton, Texas. The public tearing wiil start at 6:30 p.m. in the City Council Chambers of City Hall lr)catec a; 215 E. McKinr•:ey Strr:ei, Benton, Texas. Because you awn property within two hundred (200) feet of the sutsiacl property, !.he Planning and Zoning Commission would iihe to hear how you trot about this regN;~:;" and invites you to attend the public hearing. Please, in order for your opinion to be taken into accnunl, return this form with your comments prior to the date of the public hearing. (This in no way prohrcl's you from atteading and pail;,-ipating in the public hearing.) You may fax it to the number located at the bUttarrr or mail it to the ad:ir~!ss below or drop it off in-person: Planning and Development Department - Attn: Erica Marohnic, Project Manager 221 N. Elm ST Denton, Texas 76201 These forms are used to calculate The percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. In favor of request Iveutrai to request Opposed to request Reasons for Opposition: Signature: ~ t,~ Printed Name: C Mailing Address City, State zip, -C~1' J r 6 Zo Telepho,te Number: -2S - t~ Physical Asir}re~5 of Property within 200 feet: - t 4~ 0-7 Ave Cl7Y OF DEWON, TEXAS CITY HALL WEST • DENiroN, TEXAS 762A1 - 940.349.8541 • (F) 940,349.7797 70TP&t N,rr.{, CAV Council Staff Report Page 2 of 25 11 30'010'44 : 05 PM Case#: Z10-0011 Oct 19 10 06:19a Lane Real Estat 940 991 2770 p.l NO CE OF PUBLIC HEARING Z10-0011 The 'planning and Zoning Commission of the City of Denton will hold a pun f, tfN:i ing on October 20, 2010 and consider making a recommendation to City Council, regarding a rezoning from a Downtown Residen`xal 1 (DR-1) zoning district to a Downtown Residential 2 (DR-2', zoning district on aau-Qximately 0.3159 acres. The property is located approximately 130 feet south of the intersection of E~glp Drme and Avenue A, on the east side of Avenue A and is known as the south £4 feet of Lots 3 and 4, Rlo k 2 of the Wattam Addition, Denton, Texas. The public hearing v:ill start at 6:30 p.m. in the City Council Chambers of City Mall located at 215 E, McKinney Strt-,et, Gunton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission wnuld like to hear how you feet about this request and invites you to attend the public hearing. 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 nearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it Of in-person: Planning and Development Department Attn: Erica Marohnic, Project Manager 221 Fl. Elm ST i Denton, Texas 76201 These terms are used to calculates the percentage of landowners that support and oppose the request. The Commission Is informed of the tierce of responses in support and in opposition. ale one: In favor of request Neutral to rquesi Opposed to request Reasons for Opposition. _ J Signature: Printed Name, f:l,•-..1r, Mailing City, Sta:e Zip: Telephone plumber: Physical Address of Property wilhin 2010 feet: t/ t h G= G CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76241 944,349.6541 (F) 940.349,774fi 204'P&Z NSXV City Council Staff Report Page 25 of 25 11 30'()1()'44 :05 PM Case#: Z10-0011 I MINUTES 2 PLANNING AND ZONING COMMISSION 3 October 20, 2010 4 5 After determining that a quorum was present, the Planning and Zoning Commission convened a 6 Work Session on Wednesday, October 20, 2010, in the Council Work Session Room at City 7 Hall, 215 E. McKinney Street, Denton, Texas. 8 9 PRESENT: Vice-Chair Jay Thomas. Commissioners: Brian Bentley, Patrice Lyke, Thom 10 Reece and John Ryan. 11 12 ABSENT: Chairman Walter Eagleton and Jean Schaake 13 14 STAFF: Fred Greene, Mark Cunningham, Jerry Drake, Chuck Russell, Jennifer Coles, 15 Erica Marohnic, P.S. Arora and Cindy Jackson. 16 17 18 WORK SESSION 1. Clarification of agenda items listed in the Regular Session agenda for this meeting, and discussion of issues not briefed in the written backup materials. 19 20 Thomas opened the work session at 6:02 p.m. 21 22 Bentley questioned Marohnic on Public Hearing item 4B if the maximum number of dwelling 23 units is 9 and there is an L5 clause for 1 and '/2 bedroom units if the owner could possibly build 24 18 units. Marohnic confirmed this. Bentley continued and questioned how the applicant would 25 be able to meet the parking requirements. Marohnic responded that parking is based on number 26 of bedrooms. Bentley questioned the use of efficiencies and doors being left off bedrooms to 27 reduce required parking. Thomas requested a breakdown of the parking requirements. Marohnic 28 stated she believes it is 1 space for 1 bedroom, 1.5 spaces for a 2 bedroom and 2 spaces for a 3 29 bedroom, but she did not recall the parking requirements for an efficiency unit. 30 31 Thomas closed the work session at 6:11 p.m. 32 REGULAR MEETING 33 After completing the Work Session, the Planning and Zoning Commission convened a Regular 34 Meeting of the Planning and Zoning Commission of the City of Denton, Texas on Wednesday, 35 October 20, 2010 and began at 6:37 p.m. in the City Council Chambers at City Hall, 215 E. 36 McKinney. 37 38 Thomas opened the regular meeting at 6:37 p.m. 39 40 1. PLEDGE OF ANC : 41 42 A. U.S. Flag 1 1 2 B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas one state under God, one and indivisible." 4 2. CONSIDER APPROVAL OF THE PLANNING A ZONING COMMISSION MINUTES FOR: 5 6 A. October 6, 2010 7 8 Commissioner Ryan motioned, Commissioner Lyke seconded to approve the minutes. On roll 9 call vote: 10 11 On roll call vote: Commissioner Ryan "aye", Commissioner Thomas "aye", Commissioner Reece 12 "aye", Commissioner Bentley "aye", and Commissioner Lyke "aye". Motion carried 13 unanimously. (5-0). 14 3. CONSENT AGENDA: Staff reeomme s roval of the followi ~ items excuse they meet the requirements of the Denton Development Code. Approval of the Consent Agenda includes stal'l' recommendations for approvals and authorizes stal'l' to proceed. The Planning and Zoning Commission has reviewed the applications and has had an opportunity to raise questions regarding the items prior to consideration: 15 16 A. Consider approval of a six (6) month extension of the General Development Plan of Rayzor Ranch-South (GDP07-0002). The approximately 265.64 acre site is located at the southeast corner of Interstate Highway 35 East and U.S. Highway 380 (West University Drive). The property is located within Regional Commercial Center Downtown (RCC-D) and Neighborhood Residential Mixed Use (NRMU) zoning, districts as modified by the Ravzor Ranch Overlay District. (GDPE 10-0003, Ravzor Ranch-South, Erica Marohnic) 17 18 19 Commissioner Lyke motioned, Commissioner Ryan seconded to approve the minutes. On roll 20 call vote: 21 22 On roll call vote: Commissioner Ryan "aye", Commissioner Thomas "aye", Commissioner Reece 23 "aye", Commissioner Bentley "aye", and Commissioner Lyke "aye". Motion carried 24 unanimously. (5-0). 25 26 4. PUBLIC HEARINGS: 27 28 2 A. Hold a public hearing and consider making a recommendation to the City Council regarding, a rezoning from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district with a restrictive overlay on approximately 6.836 acres. The property is located at the northeast corner of Glenwood Lane and U.S. Highway 380 (East University Drive). (Z10-0007, 1411 East University Drive, Erica Marohnic) On October 6, 2010, this item was continued to a date certain of October 20, 2010 1 2 3 Marohnic presented this item. The request is to rezone approximately 6.836 acres at the 4 northeast corner of Glenwood Lane and U.S. Highway 380 from Neighborhood Residential 3 5 (NR-3) to Neighborhood Residential Mixed Use 12 (NRMU-12) with a restrictive overlay. 6 Surrounding uses include residential and commercial. The restrictive overlay is proposing all 7 allowable uses with the exception of laundry facilities, a 6 foot tall wrought iron fence, a 15 foot 8 buffer with only trees and a 150 foot limited build zone. The limited build zone would be 9 restricted to only professional and office uses, the buffer would be limited to Type C buffer from 10 the Criteria Manual and the fencing and buffer could be interrupted for ingress/egress. 11 Additional architectural restrictions and limitations were defined in the backup material. 12 13 The property is currently developed with one single-family house. There were 31 certified 14 notices mailed to property owners within 200 feet of the subject site. There were 16 responses 15 received in opposition, 3 of those were outside of the 200 foot radius, but within the 500 foot 16 radius and there was one duplicate. There is a 31.33% area of opposition so a supermajority vote 17 of City Council would be required to rezone this area. The Development Review Committee 18 recommends approval of this request. 19 20 Lyke questioned the total acreage of the limited build area. The applicant, John Porter, 21 responded from the audience, that it would be approximately 3 acres with the restriction area. 22 Bentley stated that the buffer is limited to professional offices, but requested clarification if retail 23 was completely out and if community services would be allowed. Marohnic responded that 24 retail is completely out and if those community services are allowed in the NRMU 12 zoning 25 district those would be allowed as well. Bentley requested further clarification if bars and clubs 26 would be prohibited. Marohnic confirmed this. 27 28 The applicant was present to speak. 29 30 John Porter 31 1111 Emerson Lane 32 33 Porter stated that he purchased the property as an investment opportunity. Porter presented 34 photographs to the Commission of another development of professional offices that he 35 completed behind the Chase Bank Building on U.S. Highway 380 and noted the architectural 36 features, roof pitch and the residential neighborhood that is located to the north of it. 37 38 Bentley questioned the applicant why he was pursing re-zoning the entire property and not 39 something less intense. Porter responded that the NRMU-12 would allow the most flexibility. I Bentley also questioned the ratio of businesses to residences, site design and if any tenants were 2 already planned. Porter responded that several neighborhood meetings have taken place, but a 3 ratio, site design and tenants have not been determined at this time. Porter stated that he has 4 spoken with a dentist and pediatrician, however, without having the zoning approved to allow for 5 those uses it is difficult to begin that stage of the project. 6 7 Ryan questioned if the applicant would be okay with a Specific Use Permit (SUP) requirement 8 for certain uses. Larry Reichhart, Springbrook Planning Group, developer for the applicant, 9 stated that an SUP is already required. 10 11 Porter stated that the overlay limits the development to one-story to keep it harmonious with the 12 neighborhood. Lyke questioned where the road would be located. Reichhart stated that the 13 Denton Development Code (DDC) does not allow for access off of Highway 380 without a 14 variance. Reichhart continued that there is a current median break on Highway 380 and it is the 15 intention of the applicant to pursue a curb cut off of Highway 380 as the variance was too 16 difficult to tie to the zoning. For the current application purpose access will be derived from 17 Gleenwood. Lyke questioned the location of an internal road. Reichhart stated it would loop 18 through the property. 19 20 Reichhart noted that there have been several concerns from the adjoining neighborhood 21 including buffering, transition of uses, quality, architecture, lighting, building height and access. 22 Reichhart stated that he and the applicant feel that the overlay district addresses the majority of 23 those concerns. 24 25 Lyke questioned the topography and if there were plans to grade the hill on the subject site. 26 Reichhart stated the intention is to work within the existing topography. Bentley requested 27 clarification on the limit to one-story and questioned what would prevent a tall commercial box, 28 like CVS. Reichhart stated that the square footage is limited to 5,000 square feet, a lot smaller 29 than a CVS and that he and his applicant are not opposed to a height limit should one be included 30 as a restriction. Reichhart continued that the architectural requirements would not allow a split 31 face retail box. 32 33 Cunningham questioned if it is the applicants intent to put in for the record the elevations of the 34 applicants other project to demonstrate aesthetics and roof pitch. Reichhart stated that the 35 photographs are an accurate representation of style and roof pitch, however, the proposed 36 aesthetic detail and layout will be different. 37 38 Thomas opened the public hearing. 39 40 Spoke in opposition of the request: 41 42 Tim Fisher, 1603 Greenwood Drive 43 Roy Verges, 1410 Greenwood Drive 44 Louise C. Brooks, 1510 Greenwood Drive 45 46 Provided cards in opposition, but did not wish to speak: 4 1 2 Beth Bates-Verges, 1410 Greenwood Drive 3 Doris Roush, 1518 Greenwood Drive 4 Kay Copeland, 1709 Laurelwood Drive 5 Patsy James, 1511 Greenwood Drive 6 7 One card was provided by Larry Reichhart, 2405 Mustang Drive, in favor of the request. 8 Reichhart provided his comments during the presentation of this request. 9 10 Reichhart responded in rebuttal for the applicant. Reichhart addressed the concerns noted by the 11 speaking opposition stating that one complaint was that this was speculative zoning. Reichhart 12 stated that until the property is zoned no one is going to put money forward to invest in creating 13 a site plan. The issue that single-family townhomes may not be compatible Reichhart disagrees 14 with stating they would provide a good transition from commercial to residential uses citing an 15 example on Poinsettia and Sherman Drive. Reichhart stated that this (NRMU-12) is the latest 16 zoning category added by the City. There is some retail and some office uses and this proposed 17 development would blend with other businesses along Highway 380. Other issues addressed 18 including the garbage issue and no restaurants are allowed with this overlay, so the smell from 19 garbage should not be an issue and the lack of green space within the development. 20 21 There were additional discussions and clarifications with the Commission. One more person 22 came forward to speak in opposition: Kay Copeland, 1709 Laurelwood Drive. 23 24 Thomas closed the public hearing. 25 26 Commissioner Ryan motioned, Commissioner Reece seconded to recommend approval of this 27 zoning request. On roll call vote: 28 29 On roll call vote: Commissioner Ryan "aye", Commissioner Thomas "aye", Chairman Reece 30 "aye", Commissioner Bentley "nay", and Commissioner Lyke "nay". Motion carried. (3-2). 31 B. Hold a public hearing, and consider making, a recommendation to the City Council regarding a rezonin, from a Downtown Residential 1 (DR-1) zoning district to a Downtown Residential 2 (DR-2) zoning district on approximately 0.3159 acres. The property is located approximately 130 feet south of the intersection of Eagle Drive and Avenue A, on the east side of Avenue A. (Z010-0011, 911 Avenue A, Erica Marohnic). 32 33 34 Marohnic presented this item. This is a request to re-zone approximately .3159 acres located 35 approximately 130 feet south of the intersection of Eagle Drive and Avenue A, on the east site of 36 Avenue A, from Downtown Residential 1 (DR-1) zoning district to a Downtown Residential 2 37 (DR-2) zoning district to allow an apartment building. The DR-2 zoning district does permit 38 multi-farnily housing; however, it would be difficult to provide many units on the site due to 39 drive aisles and landscaping standards. The maximum would probably be around 18 units. 40 There were 15 notices sent by certified mail to property owners within 200 feet of the subject site 5 I with 1 returned in favor and 1 returned neutral to this request. The request is consistent with the 2 future land use and the Development Review Committee recommends approval. 4 The applicant, Larry Reichhart, Springbrook Planning Group, was present to speak. Reichhart 5 stated he didn't have much to add to the presentation, but added there would be 8 to 10 one 6 bedroom units and one 2 bedroom unit. 7 8 Thomas opened the public hearing. 9 10 Bentley questioned if Reichhart knew how many units were in the surrounding apartment 11 complexes. Reichhart stated he did not, but he could find out as they are owned by the same 12 person. Bentley stated he was concerned that this is a re-zoning request without any plans and 13 technically there could be 18 potential units put there and that everything is vague. Reichhart 14 questioned what would be wrong with 18 potential units if all parking requirements were met. 15 Reichhart continued that this is a relatively simple zoning case that is consistent with the area 16 and site plans are not a requirement for re-zoning. 17 18 Thomas opened the public hearing. 19 20 Spoke in opposition of the request: 21 22 Denton Waterpaugh 23 907 Avenue A 24 25 No one spoke in favor of the request and no additional comment cards were received. 26 27 Reichhart spoke in rebuttal that the City does have allowable operating hours and there would 28 not be constriction taking place during unreasonable or non-allowable hours. 29 30 Commissioner Ryan motioned, Commissioner Reece seconded to recommend approval of this 31 zoning request. On roll call vote: 32 33 On roll call vote: Commissioner Ryan "aye", Commissioner Thomas "aye", Commissioner Reece 34 "aye", Commissioner Bentley "nay", and Commissioner Lyke "aye". Motion carried. (4-1). 35 36 C. Hold a public hearing and consider making a recommendation to City Council regarding a Detailed Plan for an approximately 12.66 acre multi-family development located within a Planned Development District (PD-120). The subject site is located approximately 750 feet south of Loop 288 and approximately 380 feet west of F.M. 2164/Locust Street. (PD10- 0001, Gardens of Denton, Cindv Jackson) 37 38 Jackson presented this item. The request is for a Detail Plan for an approximately 12.66 acre 39 multi-family development located with the Planned Development District (PD-120) 40 approximately 750 feet south of Loop 288 and approximately 380 feet west of F.M. 2164/Locust 41 Street. Surrounding uses include commercial and undeveloped agricultural. The future land use 6 I is Commercial Mixed Use. Jackson outlined features of this Detail Plan as: 100% masonry on 2 all exterior walls, 192 unit multi-family complex with 8 buildings 3-stories in height, a maximum 3 density of 18 units per acre, a club house, pool and proposed play area. Garages do not count 4 toward parking. The site has 40% lot coverage and 60% open space. This Planned Development 5 does not have landscaping requirements and Jackson deferred to Drake for requirements. Drake 6 stated they would follow the DDC landscape requirements. Jackson continued that the proposal 7 exceeds requirements by the DDC. 8 9 Certified and Courtesy notices were mailed to property owners within 200 feet and 500 feet of 10 the subject site. No notices were returned in opposition or in favor. There were a few phone 11 calls regarding the public hearing sign, however, none expressed opposition for the development. 12 13 The Development Review Committee recommends approval of this request with the following 14 conditions: 15 16 1. All original conditions of approval and subsequent modifications associated with PD-120 17 shall remain valid, unless specified herein. 18 19 2. The building facade shall comply with the requirements approved with PDA10-0001, 20 which is scheduled for a public hearing before the City Council on October 19, 2010. 21 22 The applicant was present to speak. Wayne Lewis, 13455 Hall Road. Lewis stated there would 23 be 167 new trees with a 273% mature canopy coverage and noted a space limitation. 24 25 Thomas closed the public hearing. 26 27 Ryan questioned the elevations for the separate garages. Lewis responded they would be one- 28 story, but be the same design as the buildings. 29 30 Commissioner Ryan motioned, Commissioner Reece seconded to recommend approval of this 31 zoning request. On roll call vote: 32 33 On roll call vote: Commissioner Ryan "aye", Commissioner Thomas "aye", Commissioner Reece 34 "aye", Commissioner Bentley "aye", and Commissioner Lyke "aye". Motion carried 35 unanimously. (5-0). 36 5. FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Meetings Act, respond to induiries from the Planning and Zoning Commission or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting 37 38 Thomas stated at the last meeting Eagleton requested the Commission come back with a list of 39 items from the DDC that the Commission felt might need some attention. Ryan would like to 40 recommend this come back as a work session and added the following items to the list: a 41 definition of gardenhome/townhome and zoning district that allows those to happen not as multi- 42 family. Thomas added revisiting the sidewalk ordinances as it relates to "sidewalks going to 7 I nowhere" and the infill overlay in subchapter 7 and the definitions of drive-up versus drive-thru. 2 Bentley added a concern about the Solid Waste department being able to dictate the best policy 3 of the location of solid waste pickup versus what people are able to live with. Bentley also stated 4 he would like to see something about renting rooms and parking regulations for that and some 5 clarification on efficiency apartment units. Bentley also added he would like to see a NRMU -9 6 zoning district that would allow clustered townhomes. Lyke stated she would like to address 7 boarding houses in line with Ryan's concerns. 8 9 Seeing no other business Thomas adjourned the meeting at 8.20 p.m. 10 8 codad\departmentsVegahour documents\ordinances\10\z10-0011 ordinanace.doc I' ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A DOWNTOWN RESIDENTIAL 1 (DR-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A DOWNTOWN RESIDENTIAL 2 (DR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNTION, ON 0.3159 ACRES OF LAND LOCATED 130 FEET SOUTH OF THE INTERSECTION OF EAGLE DRIVE AND AVENUE A, ON THE EAST SIDE OF AVENUE A, DESCRIBED AS THE SOUTH 64 FEET OF LOTS 3 AND 4, BLOCK 2 OF THE WATTAM ADDITION, WITH IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z10-0011) WHEREAS, Spring Brook Planning Group, has applied for a change in zoning for approximately 0.3159 acres of land described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter, the "Property"), from a Downtown Residential 1 (DR-1) zoning district classification and use designation to a Downtown Residential 2 (DR-2) zoning district classification and use designation; and WHEREAS, on October 20, 2010, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested chan ge in zoning; and WHEREAS, the City Council finds that the change is consistent with the Denton Plan and the Development Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true. SECTION 2. The zoning district classification and use designation for the Property is hereby changed from a Downtown Residential 1 (DR-1) zoning district classification and use designation to a Downtown Residential 2 (DR-2) zoning district classification and use designation. Notwithstanding the attached real property description, the Property being amended includes all property to the centerline of all adjacent street rights-of-way. SECTION 3. The City's official land use map is amended to show the change in land use designation. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provision of this ordinance are severable. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. i i sAlegal\our documents\ordinances\10\z10-0011 ordinanace.doc SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 'I APPROVED AS TO LEGAL FORM: ANITA BURG CI`P4r B i I EXHIBIT A LEGAL DESCRIPTION BEING 0.313 ACRE TRACT OF LAND PART OF THE E. PUCHALSKI SURVEY, ABSTRACT NO. 996, IN DENTON COUNTY, TEXAS, AND BEING PART OF LOTS 3 AND 4, BLOCK 2, WATTAM ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, RECORDED IN VOLUME 86, PAGE 526, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, SAID TRACT BEING DESCRIBED AS TRACT I AND II TN A DEED FROM RUBY BAZLE THREADGILL AND HUSBAND HASKELL A. THREADGILL TO JAMES L. MAHONEY, JR., RECORDED IN VOLUME 1813, PAGE 846, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A CHAIN LINK POST FOUND FOR CORNER BEING THE SOUTHWEST CORNER OF REPLAT OF LOTS 1 & 2, BIOCK 2 WATTAM ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, RECORDED IN CABINET A, PAGE 38, OF THE MAP RECORDS OF DENTON COUNTY, TEXAS, AND BEING THE NORTHWEST CORNER OF LOT 7R BLOCK 2, REPLAT OF LOTS 7 & 8, BLOCK 2. WATTAM ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, RECORDED IN CABINET H, PAGE 165, OF THE MAP RECORDS OF DENTON COUNTY, TEXAS AND BEING THE NORTHEAST CORNER OF A PORTION OF LOT 6, CONVEYED IN A DEED TO JULIE HOLMES AND JANNINE MCFARLAND, RECORDED IN VOLUME 1116, PAGE 52 7, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING THE SOUTHEAST CORNER OF SAID MAHONEY TRACT; THENCE: SOUTH 88 DEGREES 27 MINUTES 57 SECONDS WEST, WITHIN THE SOUTH LINE OF SAID MAHONEY TRACT AS FENCED, A DISTANCE OF 215.00 FEET, TO A CHISELED V SET IN CONCRETE IN THE EAST RIGHT-OF-WAY LINE OF AVENUE A BEING THE NORTHWEST CORNER OF LOT 5 AND BEING THE SOUTHWEST CORNER OF SAID MAHONEY TRACT; THENCE: NORTH 01 DEGREES 59 MINUTES 20 SECONDS WEST, WITH THE WEST LINE OF SAID MAHONEY TRACT, A DISTANCE OF 65.76 FEET, TO A PK NAIL SET FOR CORNER BEING THE SOUTHWEST CORNER OF A PORTION OF LOTS 3 & 4, BLOCK 2 DESCRIBED IN A DEED TO NORBERTO RUI2 AND WIFE MARIA JESUS AVITA DE RUIZ RECORDED IN VOLUME 640, PAGE 554, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND BEING THE NORTHWEST CORNER OF SAID MAHONEY TRACT; THENCE: NORTH 89 DEGREES 41 MINUTES 00 SECONDS EAST, WITH THE SOUTH LINE OF SAID RUIZ TRACT AS FENCED, PASSING A CHAIN LINK POST FOUND AT A DISTANCE OF 135.92 FEET, BEING THE SOUTHEAST CORNER OF SAID RUII TRACT, CONTINUING FOR A TOTAL DISTANCE OF 215.00 FEET, TO A CHAIN LINK POST FOUND FOR CORNER IN THE WEST LINE OF THE REPLAT OF LOTS 1 AND 2, BLOCK 2 WATTAM ADDITION, AN ADDITION TO THE CITY OF DENTON COUNTY, TEXAS, RECORDED IN CABINET A, PAGE 174, OF THE MAP RECORDS OF DENTON COUNTY, TEXAS, AND BEING THE SOUTHEAST CORNER OF A PORTION OF LOT 3, CONVEYED IN A DEED TO PEGGY NORRIS RECORDED IN DENTON COUNTY CLERK'S FILE NO. 93-00825, AND BEING THE NORTHEAST CORNER OF SAID MAHONEY TRACT; THENCE: SOUTH 02 DEGREES 04 MINUTES 06 SECONDS EAST, WITH THE EAST LINE OF SAID MAHONEY TRACT AS FENCED, A DISTANCE OF 61.19 FEET, TO THE PLACE OF BEGINNING CONTAINING 0.313 ACRES OF LAND LESS AREA LOCATED WITHIN RIGHT-OF-WAY, EXHIBIT B LOCATION MAP 0 -v, -0 oo •1 ; j E t S 7 P 31 h ~ C < NFS+tL F i i - _ .._,~,xwuder~Ww!aTwx~xwuxaouv tx,w"wcuw no al ~ ~ p. a . kK~+ rK ~t ~N2~ y x I Al" ` . AGENDA INFORMATION SHEET AGENDA DATE: December 7, 2010 DIVISION: Planning and Development ACM: Fred Greene SUBJECT - PD] 0-0001 (Gardens of Denton) Hold a public hearing and consider adoption of an ordinance regarding a Detailed Plan for an approximately 17.887 acre multi-family development located within a Planned Development zoning district (PD-120). The subject site is located at the northwest corner of Locust Street (EM. 2164) and Beall Street. The Planning and Zoning Commission recommend approval of the Detailed Plan (6-0). PROPOSAL The applicant (Andrew Merrick Companies) is proposing the constriction of an apartment complex that will consist of eight (8) three-story buildings with a total of 192 residential units. The proposed development will have a gross density of approximately 10.7 dwelling units per acre (net density of 16.5 units per acre), and is a part of a previously approved Planned Development District (PD-120). The subject property is currently undeveloped. BACKGROUND The North Pointe Planned Development District (PD-120) was created in 1986 (Ord. No. 86- 173) and provided for single family, multi-family, townhouse, office, and retail development distributed over 412.12 acres. North Pointe is generally located on the north and south sides of Loop 288, west of Locust Street (EM. 2164). A portion of the property was developed with single family uses; however, the majority of the property is still undeveloped. Additionally, several areas of the original 412 acres have been removed from the Planned Development, and the remaining area included in the PD is approximately 230 acres. The property that remains within the PD will be required to obtain Detailed Plan approval for any proposed development in the future. A Detailed Plan for 12.66 acres of this property was presented to the Planning and Zoning Commission on October 20, 2010, and the Commission recommended approval (5-0). The Detailed Plan presented at that time only included the area that was to be constricted with the apartment units and the access points; it did not include approximately 5 acres at the northwest corner of Beall Street and Locust Street which is required to serve as on-site detention for the subject property. The detention facility will be sized to serve the multi-family development, but may be increased in size to provide capacity for the entire 40 acre property under ownership of the applicant (Exhibit 3). If the detention facility does increase is size, it will not exceed the boundaries shown on the proposed Detailed Plan. Staff Report Case#: PD10-0001 The Detailed Plan currently under consideration includes 17.887 acres, which will be developed with multi-family dwellings on approximately 12 acres and a detention area on approximately 5 acres. PRIOR ACTION/REVIEW • October 20, 2010, Ord. No. 2010-270 - Approval of modifications to the PD 120 Ordinances (86-173 and 98-324) removing improvements related to transportation, altering the boundaries of the PD to reflect previous zoning changes, and modifying masonry requirements • July 17, 2007, Ord. No. 2007-150 - Approval of a rezoning of 112.8 acres from PD 120 to Hills of Denton Master Planned Community. • January 4, 2005, Ord. No. 2005-007 - Approval of a rezoning of 35 acres from PD 120 to Neighborhood Residential 4 (NR-4) zoning district. • November 4, 2003, Ord. No. 2003-362 - Approval of a revision to the Detailed Plan for the North Pointe Subdivision, increasing the number of residential lots and realigning Hercules Lane. • April 4, 2000, Ord. No. 2000-135 - Approval of the North Pointe subdivision Detailed Plan for 162.53 acres. • October 6, 1998, Ord. No. 98-324 - Approval of an amended concept plan changing the land use factors approved in Ord. No. 86-173 and requiring 100% masonry by used on all exterior building walls, excluding windows and doors. • September 2, 1986, Ord. No. 86-173 - Approval of PD district standards and a concept plan. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommends APPROVAL of PD10-0001 as depicted in Exhibits 4, 5, 6, 7, and 8 (6-0). The Development Review Committee recommends APPROVAL of PD10-0001 as depicted in Exhibits 4, 5, 6, 7, and 8. Staff Report Case#: PD10-0001 EXHIBITS 1. Location Map 2. Zoning Map 3. Map Depicting Property Owned By Applicant 4. Proposed Detailed Plan 5. Proposed Drainage Plan 6. Proposed Utility Plan 7. Proposed Landscape Plan 8. Proposed Building Elevations 9. Letter From Applicant 10. Approved Ordinance Amending PD-120 11. Planning and Zoning Commission Meeting Minutes from October 20, 2010 12. Draft Planning and Zoning Commission Meeting Minutes from November 17, 2010 13. Notification Map 14. Site Photos 15. Ordinance Prepared by: Jane Gurney, AICP Senior Planner Respectfully submitted: Mark Cunningham, AICP, CPM Director of Planning and Development Staff Report Case#: PD10-0001 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: November 17, 2010 TYPE: Detailed Plan CC Date: December 7, 2010 PROJECT PD10-0001 Project Number: PD10-0001 Request: Approval of a Detailed Plan for an approximately 17.887 acre multi-family development located within the North Pointe Planned Development (PD-120). Applicant/ Property Owner: Wayne Lewis, Andrew Merrick Companies Location: The subject site is located at the northwest corner of the intersection of Beall Street and F.M. 2164/Locust Street. Size: 17.887 gross acres ± Zoning Designation: Planned Development 120 (PD-120) Future Land Use: Community Mixed Use Center Case Planner: Jane Gurney, AICP P&Z Recommendation: The Planning and Zoning Commission recommends APPROVAL of PD 10-0001 as depicted in Exhibits 4, 5, 6, 7, and 8. DRC Recommendation: The Development Review Committee recommends APPROVAL of PD 10-0001 as depicted in Exhibits 4, 5, 6, 7, and 8. Summary of Analysis: The applicant is proposing to develop a 192 unit apartment complex and a detention facility on 17.887 acres located within PD-120. The density of the complex as calculated over the entire lot is 10.74 units per acre. The apartment development will occur on approximately 11.606 acres, which yields a net density of 16.5 units per acre. The proposed development conforms to the density restrictions of the approved PD Ordinance, which permits a maximum of 18 units per acre on this site. Section 35-174 of the City of Denton Zoning Ordinance provides standards by which a Detailed Plan is to be evaluated. Such standards include showing permitted land uses specified in detail and the acreage for each use, adjacent or surrounding land uses, zoning, streets, drainage Staff Report Case#: PD10-0001 facilities, existing or proposed off-site improvements, the location and size of all alleys, parking lots and parking spaces, loading areas to be used for vehicular traffic, access and connection to existing or proposed streets, traffic generated by the proposed uses, the maximum height of all buildings, the maximum total floor area, the location of water retention areas and major drainage facilities, and the location of all major utilities. The Detailed Plan reflects a multifamily development consisting of eight residential buildings, each to be three (3) stories in height, as well as a club house, pool area, nine (9) enclosed garages, parking spaces, drive aisles, and open areas. Access will be provided to the site at two locations; one off of Beall Street at the southeastern portion of the property, and a second in the form of a private drive from Locust Street northeast of the development. The locations of the detention areas and major utilities have been reviewed by the Development Review Committee. Findings of Fact 1. The request is for approval of a Detailed Plan for a multi- amily development and a detention facility on 17.887 acres 2. Per Element 3 of the Denton Plan: The subject property is within a C011unninity Mixed Use Center f iture land use designation per the Denton Plan. The Denton Plan identifies Community Mixed Use Centers as focus areas of community activity, containing shopping, services, recreation, emplovment and institutional facilities that are required bv, and supported bv, the surrounding community. The Denton Plan also identifies uses typical of these areas including supermarkets, drug stores, specialty shops, service stations, one or more large places of worship, a community park, midsize offices, and employers, and high- to moderate-density housing. The proposed Detailed Plan for a multi- amily development is consistent with the Future Land Use designation of the property. 4. Per Ordinance 86-173, the land uses permitted irithin PD 120: In accordance with the approved Concept Plan, retail, office, multi family, townhouse, and single family uses are permitted in the PD. The only use permitted on the subject tract is multi fam lv development, not to exceed 18 units acre. 5. Denton Development Code (DD(): Ordinance No. 69-1, Comprehensive Zoning Ordinance, as referenced in Ord No. 86- 173. 6 Existing Conditions. A. There are no Environmentallv Sensitive Areas (MBAs), Floodplain, ('LOMR, LOMR, or Municipal Setting Designations (MV)) on the undeveloped portions of this site. Staff Report Case#: PD10-0001 B. Water is available by connecting to the existing 16" stubout at the southeast corner of the Locust 288 intersection, extending it across Locust via an encased bore, then south along Locust to Applicant's southern property line. Also, the applicant would be required to extend 12" water to their northwest property corner. The City may require that these lines be oversized beyond 12 in which case the City would participate in the corresponding cost difference upon approval firom the Public Utilities Board and the Citv Council. C. Sewer is available by extending either the existing 8" sanitary sewer main at Hercules Street or the existing 12 " Cooper Creek Interceptor sewer main located south of McKamv. The City instructed the applicant to submit a sanitarv sewer ,S'tudv to determine the size of the sewer lines and capacity available and where it is feasible to connect to the City server. Anv of extension would be eligible for Pro Rata participation and City may participate in Oversizing of this main. D. Beall Street is currently an unimproved perimeter street and will be required to be constructed in accordance with the DDC. Locust Street is a TXDOT roach rav. Points of access will be provided by drivewav locations at both Beall Street and Locust Street. E. There 1S a S1gYllflcailt al??O1int of Off-Site drainage that enters this site from the west. This development will be required to convey this offsite drainage through the development in accordance with the DDC. A proposed concrete channel is proposed to convey this offsite drainage and a proposed detention pond is also proposed to serve this development. Development Review Committee Based upon the information provided by the applicant and a recent site visit, the Development Review Committee finds that with the recommended conditions the request IS CONSISTENT with the surrounding land uses and general character of the area, IS CONSISTENT with the Denton Plan, and IS CONSISTENT with the Denton Development Code. CONDITIONS OF APPROVAL Based upon the findings-of-fact, the Development Review Committee (DRC) recommends APPROVAL of PD 10-0001, as depicted in Exhibits 4, 5, 6, 7, and 8. GENERAL NOTES A-OTE: Approval of this request shall not constitute a ivaiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. A-OTE: All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the Cio) ofDenton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. Staff Report Case#: PD10-0001 Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: Gardens of Denton MPC, Gardens of Denton MPC, and NR-4 CM-G, undeveloped undeveloped undeveloped West: East: PD-120 1 CM-G, and PD-120 undeveloped Agricultural and undeveloped Southwest: South: Southeast: NR-6, NR-6, NR-2, NR-3, NRMU undeveloped undeveloped undeveloped Source: City of'Denton Geographical brforrrratioi Systerrr and site visit by City staff' Comprehensive Plan: A. Consistency with Goals, Objectives and Strategies: The property is within the Community Mixed Use Centers Future Land Use designations, and as described above, these housing is one of the identified uses appropriate for these areas. It is staff's determination that the proposed Detailed Plan is consistent with the Denton Plan. B. Land use analysis The proposed use of multi-family development was anticipated by the Concept Plan, and is the only use permitted on the subject area. All required improvements are being made to support the use, including road and utility constriction. Nearest Fire, and EMS Station Name of Station Approximate Distance From Subject Property Fire/EMS Fire Station #5, 2230 W. Windsor Drive 2.78 miles f Fire Station #4, 2110 E. Sherman Dr. 1.45 miles f Source: Cite ofDerrtorr GIS; Fire Department, alid E-AP; Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: Subject Property Estimated Im pact Analysis 16.525 f acres (net) Proposed Demand Adequate to Serve (Yes or No) Permitted Densit-v 18 dwelling units/ acre (see below) Proposed Density 11.6 units/acre (see below) Staff Report Case#: PD10-0001 Subject Property Estimated Im pact Analysis 16.525 f acres (net) Proposed Demand Adequate to Serve (Yes or No) Potable Water Consumption 224 GPM Yes (GPM) Yes, however, required point of connection (and Wastewater 167 GPM resulting offsite extension) Generation (GPM) is not known until City receives Applicant's Studv. B. Available Capacity: Water is available by connecting to the existing 16" stubout at the southeast corner of the Locust/288 intersection, extending it across Locust via encased bore, then south along Locust to Applicant's south property line. Also, Applicant would be required to extend 12" water to their northwest property corner. City may require that these lines be oversized beyond 12", in which case City would participate in the corresponding cost difference. Sewer is available by extending either the existing 8" sanitary sewer main at Hercules Street or the existing 12" Cooper Creek Interceptor sewer main located south of McKamy. City Staff has instructed the Applicant to submit a sanitary sewer Study to determine the size of the sewer lines and capacity available and where it is feasible to connect to the City sewer; the study has not yet been received. Any off-site extension would be eligible for pro rata participation and City may participate in oversizing of this main. C. CIP Planned Improvements: Currently there are no CIP Water or Sewer Projects planned for this area. Wells (Public/Private): City Staff is not aware of any existing wells within this site. There are no proposed wells associated with this project. Roadways/Transportation Network: A. Estimated Demand: Subject Property Estimated Im pact Analysis 11.606 f acres (net) Proposed Demand Adequate to Serve (Yes or No) Permitted Densitv 192 units Y Average Annual 1277 Y Dailv Trips (AADT) PM Peak Hour Trips 129 Y Staff Report Case#: PD10-0001 B. Available Capacity: Locust Street has the capacity to accommodate this development. Upon improvement by this development, Beall Street will have the capacity to accommodate this development. C. Roadway Conditions: Beall Street is currently an unimproved perimeter street and will be required to be constricted in accordance with the COD Development Code. Locust Street is a TXDOT roadway, however, left turn lanes along Locust Street onto the private driveway and Beall Street will be constricted with this development. Park Facilities: A. There is a neighborhood Park in the North Pointe subdivision near the intersection of Hercules and Beatriz Drive. North Lakes Park is approximately 5,000 feet to the Southwest near Riney Road and Windsor. Evers Park is approximately 3,600 feet to the Southeast near Evers Parkway and Cobblestone Row next to the Evers Park Elementary School. B. The North Pointe Park is also on the Cooper Creek Trail corridor and future plans show trail connections to the east at the existing trail from Evers Park to Sherman Drive. 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L Q W~ W IZ d F IF-1 IFr' - X YI -.-~~L C9 m LE I a ~ a ~fi ~ I ~ am ow Z L f a JII pp 4 w L h` r C~ C w w ~ II+i J rl M IY hI W r tl , tl z o 11 4 III i„IF f l 1 LL EL !Ilpa`~IC},I~tI~I~ ~ a- = !FlIII- III, LL C7~ r 11 x I ITIiII 7. - 111 I I I ~ w p m ~ w f~ - _ LL C~}I r1 C L h~l ~I n - w v. ~3 m wd ~ o o o _ W W. w mill J I I ~ ~ LTI D Ili I zo r U If _ W ~ FT-1 Z I TI L11 LL al - 3 w CL ~(J 1i1 j~~n 1 ° _ LL L J LL I` LL + "Lfl - W I~ni nll ~ w LL E _ J J EI F III LLI - I LL X11 ~I- 1 - J ~I 9K - e h - ~ I I I I 5 EXHIBIT 9 Applicant's Letter A NUIcK CONSTRUC 13455 Noel Road, Suite 1330 Dallas, Texas 75240 To: Planning Department City of Denton 221 N. Elm Street Denton, TX 76201 From: Wayne Lewis, AMC Re: Gardens of Denton Chair, Development Review Committee: Andrew Merrick Construction is proposing to amend the PD-120 zoning in place on the 40 acres on the south west corner of loop 288 and N. locust, the physical address 4201 N. Locust. We have a master planned development in place for this area; 360 apartment complex in 2 phases on 20 acres, and the remaining 20 acres create commercial pad sites; for Hotel, Gas Station, Grocery store, and restaurants. We are requesting to amend the PD of the following items that were set in place likely for greater projection of development than has not happened to date in this area. The roads requested to be constructed are not of use or of need for the proposed development. The proposed development poses no added demand on the roads mentioned. Items requesting removal of on COD ordinance 85-173: Improvements required to be completed with Phase II 1) Construction if FM 2164 as a four lane divided arterial from Loop 288 to Orr Street. 2) Construction of US Highway 77 and FM2164 intersection at Orr Street 3) Construction of left turn and right turn lanes at FM2164 and Loop 288 on south side 4) Construction of diamond interchanges to provide four-phase operation of FM 2164 and Loop 288 and provide for traffic signalization at intersection and dual left turn lanes 5) Constructions of right and left turn lanes at FM 2164 and internal collector and provide for signalization Figure IV Staff Report Case#: PD10-0001 ~ REN4-ERPjcK Additionally the PD currently has 100% masonry for all buildings. We are proposing to make the Masonry requirements meet the IBC2006; which allows Stucco and Cement fiber board to be an adequate replacement for the Brick or stone. The overall plan is to make the 1" level of the apartment complex stone and the following 2 levels to be stucco. On the commercial retail side it would follow suit but is yet to be fully determined. Wayne Lewis Andrew Merrick Companies, Owner wlewis@andrewmerrick.com 972-419-2505 office Staff Report Case#: PD10-0001 EXHIBIT 10 Approved Ordinance Amending PD-120 ORDINANCE NO. 2010-270 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES 86- 173 AND 98-324 TO AMEND T1 I l BOUNDARIES, CONCEPT PLAN AND CONDITIONS ASSOCIATED WITH ROUGHLY 235.65 ACRES OF LAND DESIGNATED AS PLANNED DEVELOPMENT 120 (PD-120), LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF LOOP 288 AND F.M. 2164/N. LOCUST STREET", TN THE CITY OF DENTON, DEMON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; DEFINING THE APPLICABILI'T'Y OF OBSOLETE ZONING USE STANDARDS AND DESIGNATIONS REFERENCED HEREIN; AND PROVIDING A SEVERABILI'T°Y CLAUSE AND AN EFFECTIVE DATE. (PDAI0-0001) WHEREAS, Ordinance 86-173 established Planned Development District 120 (PD-120) on 41112 acres of land, by approving a concept plan and imposing conditions; and WHEREAS, Ordinance 98-324 subsequently modified the Concept Plan for 270.48 acres within PD-120, by superseding the land use factors approved in Exhibit "B" of Ordinance 86- 173. imposing an additional condition of 100% brief or masonry materials, and otherwise preserving; the conditions imposed b Ordinance 86-173 with respect to the described 270.48 acr,_ to the extent that they do not conflict with Ordinance 98-324; and WHEREAS, the roughly 141 acre portion of PD-120 which was not subject to the Ordinance 98-324 amendment was subsequently combined with other land, and rezoned into the I Ii1 k of Denton Master Planned Community by Ordinance 2007-150; and WHEREAS, roughly 35 acres of the 270.48 acres described by Ordinance 98-324 was rezoned to the NR-4 zoning district classification and use designation by Ordinance 2005-007; and WHEREAS, Wayne Lewis initiated a request to amend the approved Concept Plan conditions associated with dre land remaining in the PD-120 Planned Development District, as legally described in Exhibit "All, attached hereto and incorporated herein by rel'crerice, less and e',02pt the property legally described irr .xhibit "B"attached hereto and incorporated herein by rvlcreii e, less and except the property lc-:iI y described irr Fxril?it "C" attached hereto and incorporated herein by reference. The roughly 235.65 acres rcin, fining; after such exclusions and exceptions is hereinafter referred to as the "Property"is rrprc~ci>tc l conceptually as Exhibit "D" hereto, and is the land subject to this Ordinance; and WHEREAS, on September 22, 2010, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested amendment, with conditions; and WHEREAS, the City Council :finds that this amendment to the Concept Plan and conditions of PD-120 is consistent with the Comprehensive Plan, and that the Concept Plan as Staff Report Case#: PD10-0001 amended herein satisfies the conditions set forth in Sections 35-161(1) and 35-174 of the Denton Code of Ordinances; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON IIEREBY ORDAINS: SECTION 1. Ordinance No. 86-173 and Ordinance To. 98-324 are hereby amended by approving and incorporating the following development regulations as additional conditions of the amended Concept Plan, to be applied to all future development within PD-12.0 with respect to the Property:. 1. All original conditions of approval and subsequent modifications associated with PD 120 shall remain valid, unless superseded by any inconsistent requirement specified herein. 2. The planned development district boundaries shall be as described in Exhibit "A" and depicted in Exhibit "B" 3. A maximum of 40%Q of the building fayade shall consist of stucco, with the remaining 60% of the facade being constructed of brick and/or stone. 4. Each development within the PD will be required to construct the required street improvements in accordance with the following: A. Traffic Impact Analysis: Determination by the City Engineer in accordance with an approved Traffic Impact Analysis. Improvements may include but are not limited to installation of turn lanes, pavement widening, pavement reconstruction, signal construction, installation of pavement markings, signage or equitable participation in the cost of any of the listed types of improvements. B. The Approved Concept Plan for PD-120: All public streets shown on the approved concept plan for this Planned Development will be required to be constructed in accordance with the Denton Development Code Subchapter 20. C. The COD Mobility Plan and Connectivity Component of the Mobility Plan: 1. Whenever existing streets adjacent to or within a tract are of inadequate width, additional right-of-way in accordance with the Transportation Criteria Manual shall be provided at the time of subdivision. All means of access to a subdivision shall be from existing streets fully improved to City standards, and which have the capacity to carry all anticipated traffic from the development in accordance with the Transportation Criteria Manual or an approved Traffic Impact Analysis. 2. New perimeter streets. If an arterial or collector street is proposed by the mobility plan on, near or within the boundary of the development or the development creates the need for a new perimeter street, the development shall provide the portion of the perimeter street including right of way dedication for Staff Report Case#: PD10-0001 which it reasonably creates the need, but in no case shall that portion of the street provided be less than a pavement width of twenty-five (25) feet plus required bicycle lane in the case of an arterial. Minimum right of way dedication for new perimeter streets shall be sufficient to provide the required amount of pavement, the required parkway width for the street classification as shown in the Transportation Criteria Manual, and an additional five feet to provide for any sloping needed between the pavement and the property line of the development. All perimeter streets shall be provided with curb and gutter along the side abutting the development. If the perimeter street is ultimately proposed to serve as a divided arterial street and the development is required to install half of the arterial street, then curb and gutter shall be provided on both sides of the perimeter street so as to provide the curb for the future median of the arterial street. 1 Existing perimeter streets. a. Any development on the perimeter of an unimproved perimeter street shall dedicate the right-of-way and improve or reconstruct the street to the same extent as is required for new perimeter streets, unless the perimeter street has already been partially improved, in which case the development shall dedicate the additional right-of-way and make the additional street improvements necessary to complete the perimeter street to the classification required. For the purpose of this subsection, an "unimproved perimeter" street shall mean a perimeter street which does not have curb and gutter or which does not substantially comply with the standards for street construction listed in the Transportation Criteria Manual or NCTCOG Specifications. b. Where any development would be required by the Denton Development Code to improve an existing unimproved perimeter street to less than its full width and the City's approved capital improvements plan proposes improvement of the existing perimeter street to City specifications within three (3) years of the date the required improvements are to be undertaken, the development may elect, in lieu of making the required perimeter street improvements, to pay to the City prior to filing the plat the total construction cost, excluding engineering and design cost, of the required street improvements. The amount to be paid shall be determined by the City Engineer, based on the actual cost of providing for the improvements, as shown in the most recent public bids for the same or similar type street improvements. If the money paid to the City is not used for the required improvements within five (5) years of payment, the funds shall be returned to the person malting the payment. In the event that the Plat is not filed until after the City has entered a Contract with a contractor to construct the subject street improvements, the payment by the development is no longer required. 4. In accordance with the standards in the Transportation Criteria Manual, and using the connectivity component of the Mobility flan, the street system for each development shall be connected with existing, proposed and anticipated streets within and outside the development and shall be extended to the property Staff Report Case#: PD10-0001 boundary of the subdivision so as to provide for adequate access, and the safe and effective movement and circulation of traffic in accordance with the Mobility Plan. Temporary dead end streets between phases of a subdivision on which there is located a building lot that does not have frontage on any other street shall be developed with a temporary cul-de-sac designed in accordance with the Transportation Criteria Manual which appendix is adopted by reference and included in the Denton Development Code the same as if set out nt length in this section, When streets are extended to the property boundary any ' Sulting dead- end streets may be approved without a temporary turnaround, ho.,, C ver shall be provided with signage indicating that the street is intended to be c,\tcnded in the future when adjacent property develops. When adjacent property develops, extension of the street will be required, SECTION 2. The provisions of this ordinance as they apply to PD-120 and the Property shall govern and control over any conflicting provision of Ordinance No. 86-173 and Ordinance No. 08-324, SECTION 3. The Concept Plan amendments made herein shall not affect the validity of the Detail Plan amendment approved by Ordinance 2000-135 for 162,527 acres therein described, until such time as that Detail Plan is amended, modified or superseded. SECTION 4. All obsolete zoning district classifications and use designations referenced by this Concept Plan amendment, and any other obsolete standard or reference contained or incorporated by reference herein, shall be interpreted to apply the meanings and restrictions defined for them by Chapter 35 of the Code of Ordinances of the City of Benton, Texas, as amended immediately prior to the adoption of the Denton Development Code, on February 5, 2002, by Ordinance 2002-040. In all other respects, the requirements of the various Codes, (specifically including the Benton Development Code), ordinances, standards, master plans and design criteria of the City of Denton, Texas shall apply, as same are subsequently adopted, amended or superseded, and shall apply as of the date of any subsequent del, rmination or alleged offense, or as of the date otherwise mandated by Chapter 245 of the, ~ 3 T,oval Government Code (if not expired, exempted, or otherwise deemed inapplicable).. SECTION 5. A copy of this ordinance shall be attached to Ordinance No. 86-173 showing the amendment herein approved. SECTION 6, 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 ordinance are severable. SECTION 7. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION S. This ordinance shall become effective fourteen (14) days from the date of Staff Report Case#: PD10-0001 its passage, and the City Secretary is hereby directed to c: iisc the caption of this ordinance to be published twice in the Denton Record-Chronicle, a nvwspaper pubhshi:(i in the City of Trenton, Texas, within ten. (10) days of the date of % PASSED AND APPROVED this the ! 7 dui' ~)f 2010. ' 1 yl ,Y MARK. A' BMR (NHS, MAYOR ATTEST: JENNIFER WAL`T'ERS, CI'T'Y SECRETARY T3G~ 1 APPROVED AS TO LEGAL FORM: ANI"T'A BURGE, SS, Cl Y BY: Staff Report Case#: PD10-0001 EXHIBIT A BEING a tract of land situated in the T. TOBY SURVEY Abstract No. 1288 and the BBB CRR SURVEY Abstract No. 186, Denton County, Texas and being a portion of a 316.3656 acre tract of land described in Volume 947, Page 751, and a portion of a tract of land described in a deed recorded in Volume 1014, Page 537 of the Deed Records of Denton County, Texas and being more particularly described as follows: COMMENDING at a "!2 inch iron rod found for the Northwest corner of said 316,3656 acre tract and the Northwest corner of said T. TOBY SURVEY, THENCE, along and with the West line of said 316.3656 acre tract and the T. TO BY SURVEY South 00 degrees 57 minutes 06 seconds West, a distance of 1875.42 feet to a concrete ROW monument found for the POINT OF BEGINNING in the Southerly right-of-way line of LOOP 288 (variable width right-of-way), 4111:.NCE along and with the Southerly right-of-way line of said Loop 288 as follows: South 88 degrees 54 minutes 44 seconds East, a distance of 32,63 feet to a concrete ROW monument found for a corner; North 82 degrees 18 minutes 13 seconds East, a distance of 512.18 feet to a concrete ROW monument found for a corner; North 76 degrees 47 minutes 50 seconds East, a distance of 306.82 feet to a concrete ROW monument found for a comer; North 75 degrees, 09 minutes 58 seconds East, a distance of 787.78 feet to a concrete ROW monument found for a corner'North 71 degrees 17 minutes 58 seconds Fast, a distance of 340.94 feet to a a/2 inch iron rod found for a corner; North 71 degrees 15 minutes 26 seconds least, a distance of 764,30 feet to a concrete ROW monument found for the beginnmg of a curve to the right having a radius of 5619,58, a chord bearing of North 73 degrees 51 minutes 45 seconds East and a chord length of 510.87 feet; Along said curve to the right through a central angle of 05 degrees 12 minutes 38 seconds for an are length of 511.05 feet to a concrete ROW monument found for the end of said curve; North 84 degrees 08 minutes 48 seconds East, a distance of 684.90 feet to a %2 inch iron rod set for a comer; South 88 degrees 17 minutes 37 seconds East, a distance of 976.84 feet to a concrete ROW monument found for the Northerly comer of a corner clip at the Intersection of the Southerly Staff Report Case#: PD10-0001 right-of-way line of said Loop 288 with the Westerly right-of-way line of FM 2164 (variably; width right-of-way); 'T'HENCE along said corner clip South 38 degrees 56 minutes 14 seconds East, a distance of 91.52 feet to a concrete ROW monument; THENCE along the westerly right-of-way lure of said FM 2164 South 01 degrees 37 minutes 03 seconds West, a distance of 1000.57 feet to a concrete ROW monument found for a corner'; THENCE North 89 degrees 15 minutes 46 seconds West, a distance of 2918.99 feet to a l2 inch iron rod found for a corner; THENCE South 01 degrees 37 minutes 46 seconds West, a distance of 977.66 feet to a 1/2 inch iron rod set for a corner; THENCE South 89 degrees 12 minutes 21 seconds East, a distance of 1404.76 feet to a 5/8 inch iron rod found for a corner; THENCE South 01 degrees 05 minutes 43 seconds West, a distance of 1977.53 feet to a f22 inch iron rod set for a comer; THENCE North 89 degrees 06 minutes 45 seconds West, a distance of 2500.79 feet to a''/2 inch iron rod set for a corner; THENCE North 00 degrees 53 minutes 1.5 seconds East, a distance of 60.00 feet to a'/2 inch iron rod set for the Southeast comer of a 0.92 acre tract of land conveyed to the City of Denton by deed recorded in Volume 556, Page 434„ DRDCT; THENCE along the Southerly line f said 0.92 acre tract North 89 degrees 06 minutes 45 seconds West, a distance of 200.00 feet to a'/2 inch iron rod set for a corner; THENCE along the Westerly line of said 0.92 acre tract, North 00 degrees 53 minutes 15 seconds East, a distance of 200.00 feet to a '/2 inch iron rod set for a corner; THENCE along the Northerly line of said 0.92 acre tract, South 89 degrees 06 minutes 45 seconds East, a distance of 200.00 feet to a'/2 inch iron rod set for a corner; THENCE along the Easterly line of said 0.92 acre tract, South 00 degrees 53 minutes 15 seconds West, a distance of 200.00 feet to a '/z inch iron rod set for a corner; THENCE South 00 degrees 53 minutes 15 seconds West, a distance of 60.00 feet to a '/2 inch iron rod set for a corner; THENCE North 89 degrees 06 minutes 45 seconds West, a distance of 795.80 feet to a 3/8 inch iron rod found for a corner; . Staff Report Case#: PD10-0001 THENCE North 00 degrees 57 minutes 06 seconds East, a distance of 3079,50 feet to the POINT OF BEGINNING CONTAINING within these metes and bounds 270.235 acres of land more or less, Staff Report Case#: PD10-0001 Exhibit B ALL THAT CERTAIN TRACT C PARCEL OF LAND LYING AND BEING SMIA'1 I THE T. TORY SURVEY, ABSTRACT NUM 1208, DEN T ON COUNTY, TEXAS AND SEINE A PART OF A TRACE' DWCRIBED IN A DIED TO KDRC It LIMITED PARTNERSHIP RECORDED IN LINTY GLERM NUT BUR 9 O2 REn PROPERTY RECORDS, DENTON COUNTY, TWO, AND BEII1 MORE PARIVULARLY DESCRIBED AS FOLLOWS- BEGINNING AT THE NORTHWEST CORNER OF SAID KDRC 11 TRACTA ND TH9 NORTHEAST CORNER OF LOT 1, BLOCK i, TEXAS IWRUMENTS ADDITION ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET G PAGE 4 T RECORDS DEMON COUNTY. TEM. AT A R00-OF WAY MONUMENT FOR CORN ON THE I L~CTIC, N OF THE NTH RIGHT-0g WAY LINE OF HIGHWAY LOOP 286 AND THE EAST i HT WAY LINE OF T A STREET. THENCE SOUTH 87 DWREES 04 MtNU'I W 08 SSCONDS EAST WITH THE NORTH' LINE OF $AlO i RC ti 7'FtAOT ANOTHE SOUTH RI -tT-OF WAY LINE OF HIGHMY LOOP' 288 A DISTANCE OF 95.89 FEET TO A RIGHT4F WAY MONUMENT FOR COINER, T1 EWC+E NORTH 82 DEGREES 12 MINUTED 11 SECONDS EAST WITH T NORI'14 UNE OF SAID KDRC It TRACT AND THE GOUTH RIGHT-OF WAY LIFE OF HI `1f' LOOP 288 A DISTANCE OF 813.01 TO A RFOW43F WAY MONUMENT FOR CORNER-, TNENCE SOUT14 07 DEGMES 35 MINUTES 35 SECONDS EAST A DISTANCE OF 409.09 BEET TO A F" V $RON PIN, THM OIZ SOUT1'I 07 REDS 59 MINUTES 17 SECONDS WEST A INSTANCE OF 22&51 FEET TO A FOUND IRON PIN, THENCE FORTH 89 DEGREES 04 MINUTES 50 SECONDS WEST A DISTANCE OF 875.10 FEET TO A F"( D IRON PIN ON THE WEST LIME OF SAID KDI If TRACT AND T'HE EAST LINE OF SAID TERING IA STREET; THi NCE NORTH 00 DEGREES 64 MINUTES 41 SECONDS EAST WITH THE WEST LINE OF 6AID KOAC 11 TRACE' AND TW EAST LIHE OF SAO TI~RINGUAS"1"I 7 A 018TANCE OF $54.96 FEET TO THE P NTT SEONNING, AND CONTA KING IN ALL 7-076 ACRES O LAND. Staff Report Case#: PD10-0001 Exhibit C PIE NOTES to all that certain tract of land in the T. Toby Survey, ,'abstract Number 3280 and being part of the culled 141.;.301 acre Tract 1 described in the deed from KDRC 11 to Locust/286 Partnern, Ltd recorded, in Volume 4299, Page 805 of the Deed Records of Denton County, Texas, the subject tract being more particularly described by metes and bounds as tollowsr Beginning at the Northwest corner of the tract being described herein at an aluminum right-of-way monument: found on the South right-of-way of Loop 286 as miortumented at the Northeast uorter of the, said 141.i303 acre tracts THENCE North 77 Degrees 00 Minutes €a seconds East with the South right of way of Loop 288 and at North lime of the 141.1'301 acre tract a distance of 306.27 feet to an aluminum fright-of-way monument; THENCE North 75 Degrees 21 Minutes 26 Seconds East continuing with the South right-oaf-way of Loop 288 and a North lane of the 141.1301 acre tract a distance of 502.28 feet to a inch iron read found at the Northeast corner of the tract being described "herein and the Northeast earner of they 141.1301 acre trae ; 1"4LENC2 South 14 Degrees 38 Minutes 10 Seconds East with an East line of the 141.1301 acre tract a distance of 453.37 feet to a 14 inch iron rod found; T NCE South 89 Degrees 02 Minutes 24 Seconds East with a North litre of the 141.1301 acre tract a distance of 3818.45 feet to a % inch iron rod fuunl at the Easterly Northeast corner thereof at reentrant corner of the celled 200.00 acre tract described in the deed from 270 J.V. to KrRC 11 recorded under Clark's File Number 94-ROD66002 of the Heal Property Records of Denton County. TexAa; TxENcE South 01 [Degrees 52 Minutes 28 Seconds West with the seat lane of the 141.1301 acre tract and the said 200.00 acre tract a distance of 921.11 feet to a 5/8 inch iron roil found with a yellow cap stamped "SNN" at the Northeast corner of the Called 102.900 acre tract described in the deed from Loous;t/288 Partners, Ltd.. to Nicosia k 77, L.P. recorded in Volume 5144, Page 1032 of said deed Recordst TcIENcB across the 141.1301 acre tract with the North line of the 102.900 acre tract the following six ca118i 1. North 89 Degrees 11 Minutes 34 Seconds West a distance of 160.28 feet to a 5/8 inch iron rod found with a yellow cap stamped nBHB,e l 2. North 52 Degrees 21 Minutes 11 Seconds West at distance of 1044.89 feet to a 5/9 inch iron read found with a yellow cap stamped "BBB.. 3. North 05 degrees 43 Minute"s 02 Seconds went s distance of 50.02 feet. to a 5/8 inch iron rod found with a yellow cap stamped "Bunn in a westerly curve to the right having a radius of 430.16 feet, 4. Along said curve arc distance of 50.84 feet (chord bearing of South 67 Degrees 43 Minutes 17 Second's nest and a chord distance of 50.81 feet) to a inch iron rod set with a yellow plastic ca-p stamped. "COLEMAN PPLS 40011' ar, the end, of the curve; Staff Report Case#: PD10-0001 S. North 80 degrees 3 Minutes 35 Second$ West a distance of 55.5o feet to a 5/8 inch iron rod found with a yellow cap stamped it BHB i1 8. North 62 Degrees 22 Minutes 23 Seconds West a distance of 118.22 feet to a 5/0 inch Iron rod found with a yellow cap Stamped "SHH"i found at the Northwest corner of the 102,900 acre tract and in the West line of the 141.1301 acre tract; THRUCE North 68 Degrees 14 Xinutes 44 Seconds East with the West line of the 141.1301 acre tract a distance of 144 .,95 feet to a X inch iron rod found, at an angle point therein; T1fENCF North 07 Degrees 23 Minutes 25 Seconds West with the West line of the 141.1301 acre tract a distance of 409.02 feet to the P1 CE OF BEGINNING and enclosing 26~954 acres of land. Staff Report Case#: PD10-0001 Exhibit D LOCATION MAP PD-12Q EF - .I,ITT Text HL 11 g9 RFE'S F-Q I ~ A ~ v `t ~ . 9TREET~-tip.. r ~,l~ C- f r' 4 ~ 1 C r ~R tf i fir--- - Staff Report Case#: PD10-0001 I with 1 returned in favor and 1 returned neutral to this request. The request is consistent with the 2 future land use and the Development Review Committee recommends approval. 4 The applicant, Larry Reichhart, Springbrook Planning Group, was present to speak. Reichhart 5 stated he didn't have much to add to the presentation, but added there would be 8 to 10 one 6 bedroom units and one 2 bedroom unit. 7 8 Thomas opened the public hearing. 9 10 Bentley questioned if Reichhart knew how many units were in the surrounding apartment 11 complexes. Reichhart stated he did not, but he could find out as they are owned by the same 12 person. Bentley stated he was concerned that this is a re-zoning request without any plans and 13 technically there could be 18 potential units put there and that everything is vague. Reichhart 14 questioned what would be wrong with 18 potential units if all parking requirements were met. 15 Reichhart continued that this is a relatively simple zoning case that is consistent with the area 16 and site plans are not a requirement for re-zoning. 17 18 Thomas opened the public hearing. 19 20 Spoke in opposition of the request: 21 22 Denton Waterpaugh 23 907 Avenue A 24 25 No one spoke in favor of the request and no additional comment cards were received. 26 27 Reichhart spoke in rebuttal that the City does have allowable operating hours and there would 28 not be constriction taking place during unreasonable or non-allowable hours. 29 30 Commissioner Ryan motioned, Commissioner Reece seconded to recommend approval of this 31 zoning request. On roll call vote: 32 33 On roll call vote: Commissioner Ryan "aye", Commissioner Thomas "aye", Commissioner Reece 34 "aye", Commissioner Bentley "nay", and Commissioner Lyke "aye". Motion carried. (4-1). 35 36 C. Hold a public hearing and consider making a recommendation to City Council regarding, a Detailed Plan for an approximately 12.66 acre multi-family development located within a Planned Development District (PD-120). The subject site is located approximately 750 feet south of Loop 288 and approximately 380 feet west of F.M. 2164/Locust Street. (PD10- 0001, Gardens of Denton, Cindy Jackson) 37 38 Jackson presented this item. The request is for a Detail Plan for an approximately 12.66 acre 39 multi-family development located with the Planned Development District (PD-120) 40 approximately 750 feet south of Loop 288 and approximately 380 feet west of F.M. 2164/Locust 41 Street. Surrounding uses include commercial and undeveloped agricultural. The future land use 6 I is Commercial Mixed Use. Jackson outlined features of this Detail Plan as: 100% masonry on 2 all exterior walls, 192 unit multi-family complex with 8 buildings 3-stories in height, a maximum 3 density of 18 units per acre, a club house, pool and proposed play area. Garages do not count 4 toward parking. The site has 40% lot coverage and 60% open space. This Planned Development 5 does not have landscaping requirements and Jackson deferred to Drake for requirements. Drake 6 stated they would follow the DDC landscape requirements. Jackson continued that the proposal 7 exceeds requirements by the DDC. 8 9 Certified and Courtesy notices were mailed to property owners within 200 feet and 500 feet of 10 the subject site. No notices were returned in opposition or in favor. There were a few phone 11 calls regarding the public hearing sign, however, none expressed opposition for the development. 12 13 The Development Review Committee recommends approval of this request with the following 14 conditions: 15 16 1. All original conditions of approval and subsequent modifications associated with PD-120 17 shall remain valid, unless specified herein. 18 19 2. The building facade shall comply with the requirements approved with PDA10-0001, 20 which is scheduled for a public hearing before the City Council on October 19, 2010. 21 22 The applicant was present to speak. Wayne Lewis, 13455 Hall Road. Lewis stated there would 23 be 167 new trees with a 273% mature canopy coverage and noted a space limitation. 24 25 Thomas closed the public hearing. 26 27 Ryan questioned the elevations for the separate garages. Lewis responded they would be one- 28 story, but be the same design as the buildings. 29 30 Commissioner Ryan motioned, Commissioner Reece seconded to recommend approval of this 31 zoning request. On roll call vote: 32 33 On roll call vote: Commissioner Ryan "aye", Commissioner Thomas "aye", Commissioner Reece 34 "aye", Commissioner Bentley "aye", and Commissioner Lyke "aye". Motion carried 35 unanimously. (5-0). 36 5. FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Planning and Zoning, Commission or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the a,enda for an upcoming meeting. 37 38 Thomas stated at the last meeting Eagleton requested the Commission come back with a list of 39 items from the DDC that the Commission felt might need some attention. Ryan would like to 40 recommend this come back as a work session and added the following items to the list: a 41 definition of gardenhome/townhome and zoning district that allows those to happen not as multi- 42 family. Thomas added revisiting the sidewalk ordinances as it relates to "sidewalks going to 7 I nowhere" and the infill overlay in subchapter 7 and the definitions of drive-up versus drive-thru. 2 Bentley added a concern about the Solid Waste department being able to dictate the best policy 3 of the location of solid waste pickup versus what people are able to live with. Bentley also stated 4 he would like to see something about renting rooms and parking regulations for that and some 5 clarification on efficiency apartment units. Bentley also added he would like to see a NRMU -9 6 zoning district that would allow clustered townhomes. Lyke stated she would like to address 7 boarding houses in line with Ryan's concerns. 8 9 Seeing no other business Thomas adjourned the meeting at 8.20 p.m. 10 8 1 2 4. PUBLIC HEARINGS: A. Hold a public hearing, and consider making a recommendation to City Council regarding, a Specific Use Permit to allow a barber shop as a home occupation within a single-family residence at the northeast corner of the Normal Street and Greenlee Street. The site is located within a Downtown Residential 1 (DR-1) zoning district a~ld contains approximately 0.13 acres. (510-0006, Barber Shop in Residence, Erica Marohnic) 4 Marohnic presented this item showing the location map, future land use map, site photos of the 5 property and surrounding uses. A barbershop is considered a home occupation and is permitted 6 in the current DR-1 zoning district with the approval of a Specific Use Permit, which is before 7 the Commission this evening. There are a few restrictions outlined by the Denton Development 8 Code (DDC) for a barber/beauty shop use as follows: The barber shop use shall only be 9 conducted by family members who live in the residence; no outside employees are permitted, the 10 barber shop shall have no more than one (1) chair and no more than two (2) customers are 11 permitted at one time and the business shall only operate between the hours of 8:00 AM and 12 8:00 PM. The applicant has stated he does not have a problem with these restrictions. 13 14 There were 18 notices sent within a 200 feet radius of the subject site and 75 courtesy notices 15 mailed within 500 feet of the subject site. There were 3 notices received back in favor of this 16 request and 3 notices received in opposition of this request. The total in opposition is 17 approximately 7.10% of the total surrounding area. The Development Review Committee 18 recommends approval subject to the three conditions outlined in the DDC. 19 20 Eagleton opened the public hearing. Three cards in support were provided to the chair, 2 did not 21 wish to speak. 22 23 Jim Griffin, 1325 Norman Street 24 25 Griffin is the applicant and filled out a card to speak. Griffin stated he believes the opposition 26 came from neighbors concerned regarding an increase in traffic. Griffin stated that the barber 27 chair is strictly for family and friends, there will be no walk-in traffic. 28 29 Commissioner Thomas motioned, Commissioner Bentley seconded to approve this Specific Use 30 Permit. 31 32 On roll call vote: Commissioner John Ryan "aye", Commissioner Jay Thomas "aye", Chairman 33 Walter Eagleton "aye", Commissioner Thom Reece "aye", Commissioner Brian Bentley "aye", 34 and Commissioner Patrice Lyke "aye". Motion passes unanimously (6-0). 35 B. Hold a public hearing and consider making a recommendation to City Council regarding a Detailed Plan for an approximately 17.887 acre multi-family development located within a Planned Development zoning district (PD-120). The subject site is located at the northwest corner of Locust Street (F.M. 2164) and Beall Street. (PD10-0001, Gardens of Denton, Jane Gurney) 36 37 Gurney presented this item. Gurney stated that this item was originally brought forward in 4 I October, however, since then the property boundary has changed. The number of units has not 2 been changed. The applicant is also being required to include a detention pond area for a 40 acre 3 Planned Development. The applicant owns 40 acres in the Planned Development, however, only 4 the apartment complex is proposed at this time. Notification was sent to property owners within 5 200 feet and 500 feet, no written notifications in support or opposition was received. Gurney 6 presented the new detail plan with the addition of the 5 acres on Beall Street and revised 7 elevations to include a higher percentage of stone content as recommended by this Commission 8 and approved by City Council. The stone facade will now be on the first and second floor 9 exteriors of the apartments rather than just on the first floor. Staff and the Development Review 10 Committee recommend approval of the Detail Plan as depicted in the exhibits provided to the 11 Commission. 12 13 Drake requested clarification that all of the details shown in the exhibit will be incorporated into 14 this detail plan. Gurney showed the detail plan and stated that the entire hash mark area is 15 included in the detail plan: all the apartment units, the drainage channel, a detention facility and 16 the road leading to Locust Street. The drainage facility was always there, it was just not tied to 17 this phase of the development. This is to ensure that the detention facility is developed and at a 18 capacity for the entire 40 acre development. The applicant is now saying they may not develop 19 the entire area so staff was concerned that future development would be an issue. The applicant 20 was not present. 21 22 Eagleton opened the public hearing. No one present to speak in support or opposition. 23 24 Eagleton closed the public hearing. 25 26 Commissioner Reece motioned, Commissioner Lyke seconded to approve this Detail Plan. 27 28 On roll call vote: Commissioner John Ryan "aye", Commissioner Jay Thomas "aye", Chairman 29 Walter Eagleton "aye", Commissioner Thom Reece "aye", Commissioner Brian Bentley "aye", 30 and Commissioner Patrice Lyke "aye". Motion passes unanimously (6-0), 31 5. FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Planning, and Zoning Commission or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming, meeting. 32 33 Thomas requested an update from staff on items that the Commissioners brought forward at the 34 last meeting. Cunningham stated that an update will provided at the next work session. 35 36 Eagleton adjourned the meeting at 6:51 p.m. 5 EXHIBIT 13 Notification Map LOOP 288 LOOP 288 OF Property aEAMIL LASiM)M AS,, 200 Foot Notification Limit DEL SOL 500 Foot Notification Limit HERCULES _HERCULES Staff Report Case#: PD10-0001 EXHIBIT 14 Site Photos i~yu ~7 r~asF iw+~ ! ,~f c ♦ .sib' A::'1 View from northeast corner of PD looking toward the northwest. 4 n y ~RRE. !J" ~i xf View from northeast corner of PD looking toward the southwest. Staff Report Case#: PD10-0001 G J, ~H y~IFL ~ ~kl4q ~ypyli d ~44 1l. f ~ rh L' ~k. 9 (~I Icy 1 ~ '7 4 I' y 7 k 1 eF , { 4 ~.Y. . East of site, across N. Locust Street Staff Report Case#: PD10-0001 c: documents and settings 1432745 local settings temrorw-y internet fiies\content.outlook\dOwIbro6\gardens of denton dp pd 10-0001. doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR 17.887 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 120 (PD-120) PLANNED DEVELOPMENT ZONINGDISTRICT, GENERALLY LOCATED AT THE NORTHWEST CORNER OF LOCUST STREET (F.M. 2164) AND BEALL STREET, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM[ AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (PD10-0001) WHEREAS, on November 19, 2010, by Ordinance 2010-270, the City Council approved an amended Concept Plan for approximately 235.65 acres of land within the Planned Development 120 (PD-120) zoning district, as more particularly described therein; and WHEREAS, Andrew Merrick Companies has applied for approval of a Detailed Plan for 17.887 acres of land located within the PD-120 planned development district, and more particularly described in Exhibit "A", attached hereto and made a part hereof ("the Property"), said Detailed Plan being on file in the offices of the City's Planning Division, incorporating Exhibits "B" through "F", attached hereto and made a part hereof as Exhibit "B" (the "Detailed Plan"); and WHEREAS, on November 17, 2010, the Planning and Zoning Commission recommended approval of the Detailed Plan; and WHEREAS, the City Council finds that the change is consistent with the Concept Plan for PD-120; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true. SECTION 2. This ordinance, together with all incorporated attachments and conditions, specifically including all conditions and standards referenced or incorporated by the PD-120 Concept Plan (Ordinance 2010-270), is hereby approved as the Detailed Plan for the Property. SECTION 3. The provisions of this ordinance as they apply to the Property shall govern and control over any conflicting provisions of Ordinance 2010-270, but all the provisions of Ordinance 2010-270, 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 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be c: documents and settings 1432745 local settings temrorw-y internet fiies\content.outlook\dOwIbro6\gardens of denton dp pd 10-0001. doc fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 12010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Original signed 12/01/2010 by Jerry E. Drake, Jr., Deputy City Attorney BY: EXHIBIT A DESCRIPTION, of a 17.887 acre tract of land situated in the Thomas Toby Survey, Abstract No. 1288, Denton County, Texas; said tract being part of Lot 1, Block A, Sandlin Addition, an addition to the City of Denton, Texas according to the plat recorded in Cabinet O, Page 132 of the Map Records of Denton County, Texas; said tract also being part of that tract of land described in Warranty Deed to 4201 Locust LP recorded in Instrument Number 2010-1768 of the Official Records of Denton County, Texas; said 17.887 acre tract being more particularly described as follows: BEGINNING, at a 1/2-inch square iron rod found at the intersection of the west right-of-way line of Locust Street (F.M. 2164, a 90-foot wide right-of-way) and the north right-of-way line of Beall Street (not constructed, a variable width right-of-way); THENCE, North 89 degrees, 48 minutes, 09 seconds West, along said north line of Beall Street and the south line of said Locust LP tract, passing the northwest terminus of said Beall Street at a distance of 948.20 feet and continuing in all, a total distance of 1,644.26 feet to a 1/2-inch iron rod found for corner; said point being the southwest corner of said 4201 Locust LP tract; said point also being the southeast corner of a tract of land described in Warranty Deed to Beall Denton Partners L.P. recorded in Instrument Number 2003- 201926 of said Official Records; said point also being in the north line of a tract of land described in Warranty Deed to North Locust Properties, LLC recorded in Instrument Number 2009-80381 of said Official Records; THENCE, North 01 degrees, 02 minutes, 49 seconds East, departing the said north line of the North Locust Properties tract and along the east line of said Beall Denton Partners L. P. tract, a distance of 540.58 feet to a point for corner; THENCE, South 88 degrees, 57 minutes, 11 seconds East, departing said east line of the Beall Denton Partners tract, a distance of 699.59 feet to a point for corner; said point being the beginning of a non-tangent curve to the right; THENCE, in a northeasterly direction along said curve to the right, having a central angle of 19 degrees, 39 minutes, 35 seconds, a radius of 843.63 feet, a chord bearing and distance of North 57 degrees, 56 minutes, 35 seconds East, 288.05 feet, an arc distance of 289.47 feet to a point at the end of said curve; said point being the beginning of a compound curve to the right; THENCE, in a southeasterly direction along said curve to the right, having a central angle of 52 degrees, 16 minutes, 10 seconds, a radius of 578.59 feet, a chord bearing and distance of South 86 degrees, 05 minutes, 32 seconds East, 509.72 feet, an arc distance of 527.83 feet to a point at the end of said curve; said point being the beginning of a reverse curve to the left; THENCE, in a southeasterly direction along said curve to the left, having a central angle of 28 degrees, 49 minutes, 33 seconds, a radius of 87.51 feet, a chord bearing and distance of South 74 degrees, 22 minutes, 14 seconds East, 43.57 feet, an arc distance of 44.03 feet to a point at the end of said curve; THENCE, South 88 degrees, 47 minutes, 00 seconds East, a distance of 152.67 feet to a point for corner in the said west line of Locust Street; THENCE, South 01 degrees, 06 minutes, 47 seconds West, along the said west line of Locust Street, a distance of 87.00 feet to a point for corner; THENCE, North 88 degrees, 47 minutes, 00 seconds West, departing the said west line of Locust Street, a distance of 152.83 feet to a point for corner; said point being the beginning of a tangent curve to the right; THENCE, in a northwesterly direction along said curve to the right, having a central angle of 28 degrees, 49 minutes, 33 seconds, a radius of 174.53 feet, a chord bearing and distance of North 74 degrees, 22 minutes, 14 seconds West, 86.88 feet, an arc distance of 87.80 feet to a point at the end of said curve; said point being the beginning of a reverse curve to the left; THENCE, in a northwesterly direction along said curve to the left, having a central angle of 52 degrees, 16 minutes, 10 seconds, a radius of 491.59 feet, a chord bearing and distance of North 86 degrees, 05 minutes, 32 seconds West, 433.07 feet, an arc distance of 448.46 feet to a point at the end of said curve; said point being the beginning of a compound curve to the left; THENCE, in a southwesterly direction along said curve to the left, having a central angle of 12 degrees, 53 minutes, 04 seconds, a radius of 756.63 feet, a chord bearing and distance of South 61 degrees, 19 minutes, 51 seconds West, 169.79 feet, an arc distance of 170.15 feet to a point for corner at the end of said curve; THENCE, South 69 degrees, 31 minutes, 54 seconds East, a distance of 164.38 feet to a point for the beginning of a tangent curve to the right; THENCE, in a southeasterly direction along said curve to the right, having a central angle of 45 degrees, 26 minutes, 24 seconds, a radius of 502.81 feet, a chord bearing and distance of South 46 degrees, 48 minutes, 42 seconds East, 388.40 feet, an arc distance of 398.77 feet to a point for corner at the end of said curve; THENCE, South 88 degrees, 47 minutes, 00 seconds East, a distance of 373.48 feet to a point for corner in the said west line of Locust Street; THENCE, South 01 degrees, 06 minutes, 47 seconds West, along the said west line of Locust Street a distance of 193.08 feet to the POINT OF BEGINNING; CONTAINING: 779,162 square feet or 17.887 acres of land, more or less. z= IyyS~ S1N3W1NVdV NO1N30 d0 SN30MVJ 1 rc IjI~F6 ep~~ q~q j~ U) ?H~ O o $6 F$$N~) ~N~a Lipl'i Z wqr~ Nr a, vz' a ('M•o•a 30NA ,06) u~g° w.oi~ €<F° Z X ZO ~133t~1 S 1 n00 7) ;P91 IF W-4 _ . p.; O - - --<€g a d H Q - d z a o Y =3 ~ o j oaoo Fagg z - a 111 d m Z t~ - ~ J W Z J W O - ~8 r Iw ;8 F p H N 0 v 0 O O ~e a nF la sm ~s e N $ a ER W e ~a Q Q g - I Z S7 O 'm ~0 B.S S.m,B =S7n o d a 3i iZrS e_tl W J o Q s~ g >S ' 1 r~m~< I W ~If Ip~ r w> Wr W €of8 ~d V ~Y a Spu < d = a0f 86 j ME V t p Ac V ~i fib{ 1 Op~qy~Z g Z y~ff g,= $ 'r T m ° ~f lr~ 'z i K~ - o N ON C, p ~~e 1{ S JR. 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L Q W~ W IZ d F IF-1 IFr' - X YI -.-~~L C9 m LE I a ~ a ~fi ~ I ~ am ow Z L f a JII pp 4 w L h` r C~ C w w ~ II+i J rl M IY hI W r tl , tl z o 11 4 III i„IF f l 1 LL EL !Ilpa`~IC},I~tI~I~ ~ a- = !FlIII- III, LL C7~ r 11 x I ITIiII 7. - 111 I I I ~ w p m ~ w f~ - _ LL C~}I r1 C L h~l ~I n - w v. ~3 m wd ~ o o o _ W W. w mill J I I ~ ~ LTI D Ili I zo r U If _ W ~ FT-1 Z I TI L11 LL al - 3 w CL ~(J 1i1 j~~n 1 ° _ LL L J LL I` LL + "Lfl - W I~ni nll ~ w LL E _ J J EI F III LLI - I LL X11 ~I- 1 - J ~I 9K - e h - ~ I I I I 5 AGENDA INFORMATION SHEET AGENDA DATE: December 7, 2010 DEPARTMENT: Economic Development ACM: Jon Fortune SUBJECT Hold a public hearing and consider adoption of an ordinance designating and describing the boundaries of a Tax Increment Financing Reinvestment Zone for the Downtown District of Denton, Texas; establishing the duration of the Zone; establishing a Tax Increment Fund; establishing a Board of Directors for the Tax Increment Financing Reinvestment Zone; making certain findings and other matters related thereto; and providing an effective date. BACKGROUND A Tax Increment Financing Reinvestment Zone (TIF) is a tool that local governments can use to publicly finance needed structural improvements and enhance infrastructure within a defined area in order to stimulate private development and redevelopment. An ad valorem valuation base is established in the first year, and the revenue from the increased valuation from subsequent years is allocated to TIF development. The City enlisted the services of Schrader and Cline, Dallas economic development consultants, to assist in establishing the TIF. The City Council reviewed the process and purpose of a TIF in 2008. After several meetings regarding the Downtown TIF, it was decided to postpone the establishment of the TIF until the Downtown Implementation Plan (DTIP) was complete; the DTIP was approved by City Council on August 17, 2010. The DTIP identified specific projects and goals in order to spur development and redevelopment in Downtown, as well as financing opportunities, which included creating a TIF district. Based on the recommendations of the Downtown Master Plan, the RTKL study and the Downtown Implementation Plan, staff recommends the creation of a TIF Reinvestment Zone for the downtown area. TIF District Valuation: Based on 2010 valuations and the City's 2010 tax rate, the estimated revenue to be generated by the TIF will be $24.8 million. These dollars reflect City of Denton participation only. TIF Board Structure: At the November 16, 2010 work session meeting, Council recommended the proposed TIF Board be structured as a seven-member board with qualifying categories for membership. The proposed ordinance provides the following stricture of the TIF Board: • Two members shall be City Council members. -1- • Two members shall be either property owners of property located within the Tax Increment Reinvestment Zone or residents whose primary residence is located within the Tax Increment Reinvestment Zone. • Two members shall be either Denton Chamber of Commerce Board members or business owners of businesses located within the Tax Increment Reinvestment Zone. • One member shall be a qualified voter of the City of Denton. TIF Board members are appointed by the City Council and shall serve two-year terms. A Board member may serve no more than three consecutive terms. Project Plan: At the November 16, 2010 work session meeting, Council directed staff to review the project plan to ensure it would provide flexibility for funding projects. It was suggested that Complete Streets may require additional funding. The follow chart describes the proposed changes made in project allocation: ORIGINAL REVISED PROJECT PROJECT PLAN PROJECT PLAN Parking/Transportation $14.OM $8.OM Complete Streets $5.6M $7.9M Support for Downtown Projects $2.OM $4.9M Utility/Drainage Improvements $2.OM $4.OM Totals $23.6M $24.8M ESTIMATED SCHEDULE OF PROJECT On August 3, 2010, Council approved a resolution for a Notice of Intent regarding the Downtown TIF. Approval of the resolution did not formally commit the City to establish the TIF. It provided the opportunity for the City to notify the DISD and Denton County of its intent to create a TIF and to seek participation from them. The DISD and Denton County declined to participate. Council discussed the TIF at their October 19, 2010 and November 16, 2010 meetings. 1. If approved, the Council must appoint the TIF Board of Directors and designate the Board Chair. The Board term begins January 1 of each year. The Board may elect a Vice-Chair to serve in the Chair's absence. 2. The Board will develop the final Project and Financing Plans and present to the City Council for approval. 3. The City must then notify the State Comptroller of the TIF establishment. 4. The TIF Board provides Annual Report to City Council, Comptroller and Attorney General on TIF Fund and project activity 90 days following the end of the fiscal year. PRIOR ACTION/REVIEW The Downtown Master Plan, the RTKL Catalyst Project study, and the Downtown Implementation Plan (DTIP) have all been reviewed and have been endorsed by the Downtown Task Force, the Economic Development partnership Board and City Council. All three of these studies/plans recommended the creation of a TIF. In addition, the Economic -2- Development Partnership Board discussed the Downtown TIF at their August and November meetings. The Board supports the creation of the TIF. City Council approved the Notice of Intent resolution on August 3, 2010 and discussed the Downtown TIF at their October 19, 2010 and November 16, 2010 meetings. FISCAL INFORMATION It is estimated that the TIF would generate approximately $24.8 million over a 30 year period for downtown improvements. EXHIBITS Ordinance Preliminary Project Plan Preliminary Finance Plan and Feasibility Study Respectfully submitted: Linda Ratliff, Director Economic Development Department salegAour documentslordinances1101tif ordinance.doc ORDINANCE NO. AN ORDINANCE DESIGNATING AND DESCRIBING THE BOUNDARIES OF A TAX INCREMENT FINANCING REINVESTMENT ZONE FOR THE DOWNTOWN DISTRICT OF DENTON, TEXAS; ESTABLISHING THE DURATION OF THE ZONE; ESTABLISHING A TAX INCREMENT FUND; ESTABLISHING A BOARD OF DIRECTORS FOR THE TAX INCREMENT FINANCING REINVESTMENT ZONE; MAKING CERTAIN FINDINGS AND OTHER MATTERS RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas, (the "City"), desires to promote the development of the Downtown District of the City of Denton by the creation of a Tax Increment Financing Reinvestment Zone, as authorized by the Tax Increment Financing Act, Chapter 311 of the Texas Tax Code, Vernon's Texas Codes Annotated (the "Act"); and WHEREAS, the City has called a public hearing to hear public comments on the creation of the proposed Tax Increment Financing Reinvestment Zone and its benefits to the City and the property in the proposed Tax Increment Financing Reinvestment Zone; and WHEREAS, notice of such public hearing was published in the Denton Record- Chronicle, a daily paper of general circulation in the City, such publication date being not later than seven (7) days prior to the date of the public hearing; and WHEREAS, such hearing was convened at the time and place mentioned in the published notice, on the 7th day of December, 2010, at 6:30 p.m., in the Council Chambers of the City of Denton, Texas; and WHEREAS, the City, at such hearing, invited any interested person, or his/her representative, to appear and speak for or against the creation of the Tax Increment Financing Reinvestment Zone, the duration of the Tax Increment Financing Zone, the boundaries of the proposed Tax Increment Financing Reinvestment Zone, whether all or part of the territory which is described in Exhibit "A" attached hereto and depicted on the map attached hereto as Exhibit "B" should be included in such proposed Tax Increment Financing Reinvestment Zone, the concept of tax increment financing and the appointment of a board of directors of the proposed Tax Increment Financing Reinvestment Zone; and WHEREAS, all owners of property located within the proposed Tax Increment Financing Reinvestment Zone and all other taxing units and other interested persons were given a reasonable opportunity at such public hearing to protest the creation of the proposed Tax Increment Financing Reinvestment Zone andlor the inclusion of their property in such Tax Increment Financing Reinvestment Zone; and WHEREAS, the proponents of the Tax Increment Financing Reinvestment Zone offered evidence, both oral and documentary, in favor of all of the foregoing matters relating to the creation of the Tax Increment Financing Reinvestment Zone, and opponents of the Tax Increment Financing Reinvestment Zone were given the opportunity to appear to contest creation of the zone, after which the hearing was closed; NOW, THEREFORE, sAlegal\our documents\ordinanccs\10\tif ordinance.doc THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. SECTION 2. The City Council, after conducting such hearing and having heard such evidence and testimony, has made the following findings and determinations based on the evidence and testimony presented to it: a) The public hearing on adoption of the Tax Increment Financing Reinvestment Zone has been properly called, held and conducted and that notice of such hearing has been published as required by law and delivered to all taxing units overlapping the territory inside the proposed Tax Increment Financing Reinvestment Zone. b) Creation of the proposed Tax Increment Financing Reinvestment Zone with boundaries as described in Exhibits "A" and "B" will result in benefits to the City, its residents, and property owners, in general, and to the property, residents and property owners in the Tax Increment Financing Reinvestment Zone. c) The Tax Increment Financing Reinvestment Zone, as defined in Exhibits "A" and "B", meets the criteria for the creation of a Tax Increment Financing Reinvestment Zone set forth in the Act in that: (i) It is a contiguous geographic area located wholly within the corporate limits of the City. (ii) It substantially impairs or arrests the sound growth of the municipality creating the zone or constitutes an economic or social liability in its present condition and use because of the presence o£ a. A substantial number of deteriorated, or deteriorating structures; b. The deterioration of site or other improvements; c. The area has a predominance of defective or inadequate sidewalks or street layout; and/or d. Conditions that endanger life or property by fire or other causes, such as flooding, and other factors. (iii)The proposed project plan includes the use of land in the zone in connection with the operation of a proposed regional commuter or mass transit and rail system. d) That 10 percent or less of the property in the proposed Tax Increment Financing Reinvestment Zone, excluding property that is publicly owned, is used for residential purposes, which is defined in the Act as any property occupied by a house which has less than five living units. e) The total appraised value of all taxable real property in the proposed Tax Increment Financing Reinvestment Zone according to the most recent appraisal rolls of the City, together with the total appraised value of taxable real property in all other existing Page 2 salegal\our documentAordinances1101tif ordinance.doc Tax Increment Financing Reinvestment Zones within the City, according to the most recent appraisal rolls of the City, does not exceed 15 percent of the current total appraised value of taxable real property in the City and in the industrial districts created by the City, if any. f) The proposed Tax Increment Financing Reinvestment Zone does not contain more than 15 percent of the total appraised value of real property taxable by a county. g) The improvements in the Tax Increment Financing Reinvestment Zone will significantly enhance the value of all taxable real property in the Tax Increment Financing Reinvestment Zone. h) The development or redevelopment of the property in the proposed Tax Increment Financing Reinvestment Zone will not occur solely through private investment in the reasonably foreseeable future. SECTION 3. The City hereby creates a Tax Increment Financing Reinvestment Zone over the area described in Exhibit "A", attached hereto and depicted in the map attached hereto as Exhibit "B", and such Tax Increment Financing Reinvestment Zone shall hereafter be identified as the Tax Increment Financing Reinvestment Zone Number One, City of Denton, Texas, (and also known as the "Downtown Denton Tax Increment Financing Reinvestment Zone", the "Zone", or the "Tax Increment Financing Reinvestment Zone"). SECTION 4. There is hereby established a board of directors for the Zone, which shall consist of seven (7) members. The board of directors of Downtown Denton Tax Increment Financing Reinvestment Zone shall be appointed as follows: a) Seven (7) members shall be appointed by the City Council as provided herein within sixty (60) days of the passage of this ordinance or within a reasonable time thereafter. All members appointed to the board shall meet the eligibility requirements set forth in the Act. The governing bodies of the other taxing units that levy taxes on real property in the Downtown Denton Tax Increment Financing Reinvestment Zone have chosen not to pay any of their taxes into the Tax Increment Fund and have waived their right to appoint members. Board membership shall consist of the following: 1. Two members shall be City Council members. 2. Two members shall be either property owners of property located within the Tax Increment Reinvestment Zone or residents whose primary residence is located within the Tax Increment Reinvestment Zone. 3. Two members shall be either business owners of businesses located within the Tax Increment Reinvestment Zone or a member of the Denton Chamber of Commerce Board of Directors. 4. One member shall be a qualified voter of the City of Denton. b) The terms of the board members shall be two-year terms. A board member may serve no more than three consecutive terms. At the first meeting of the Board of Directors, the board members will draw lots to establish the staggering of terms with three of the Page 3 sAlegal\our documents\ordinances\104if ordinance.doc board members serving an initial term of one year. The City Council shall designate a member of the board to serve as chairman of the board of directors, and the board shall elect from its members a vice chairman and other officers as it sees fit. c) The board of directors shall make recommendations to the City Council concerning the administration of the Zone. It shall prepare and adopt a project plan and Tani; Increment Financing Reinvestment Zone financing plan for the Zone and must submit such plans to the City Council for its approval. The board of directors shall possess all powers necessary to prepare, implement and monitor such project and financing plans for the Tax Increment Financing Reinvestment Zone as the City Council considers advisable including the submission of an annual report on the status of the Zone. Any powers not herein delegated to the board of directors are specifically reserved to the City Council. SECTION 5. The Zone shall take effect immediately upon passage of this ordinance, and the termination of the Zone shall occur on January 1, 2039, or at an earlier time designated by subsequent ordinance of the City Council in the event the City determines that the Zone should be terminated due to insufficient private investment, accelerated private investment or other good cause, or at such time as all project costs and tax increment bonds, if any, and the interest thereon, have been paid in full. The base tax value within the Zone is established as of January 1, 2010. SECTION 6. The Tax Increment Base for the Zone which is the total appraised value of all taxable real property located in the Zone, is to be determined as of December 31, 2010, the year in which the Zone was designated a Tax Increment Financing Reinvestment Zone. SECTION 7. Pursuant to Section 311.013(1) of the Tax. Code, the City hereby determines that the following portions of the tax increment produced by the city of Denton shall be paid into the tax increment fund for the reinvestment zone: Years 1 - 5 100% Years 6 --10 95% Years 11- 20 90% Years 21- 30 85% SECTION 8. There is hereby created and established a Tax Increment Fund for the Zone which may be divided into such sub-accounts as may be authorized by subsequent resolution or ordinance, into which all Tax Increments, less any of the amounts not required to be paid into the Tax Increment Fund pursuant to the Act, are to be deposited. The Tax Increment Fund and any sub-accounts are to be maintained in an account by the City and shall be secured in the manner prescribed by law for funds of Texas cities. In addition, all revenues from the sale of any tax increment bonds and notes hereafter issued by the City, revenues from the sale of any property acquired as part of the tax increment financing plan and other revenues to be dedicated to and used in the Zone shall be deposited into such fund or sub-account from which money will be disbursed to pay project costs for the Zone or to satisfy the claims of holders of tax increment bonds or notes issued for the Zone. SECTION 9. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such Page 4 sAlegallour documentslordinancesUNif ordinance.doc section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 10. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: L Page 5 EXHIBIT A CITY OF DENTON TAX INCREMENT FINANCING REINVESTMENT ZONE No. 1 BOUNDARY DESCRIPTION Beginning at the southwest comer ofthe ROW intersection of Carroll Blvd. and Sycamore, the POINT OF BEGINNING; THENCE, north along the west ROW of Carroll Blvd. to the northwest corner ofthe ROW intersection of Carroll Blvd. and W. Parkway Strect; THENCE, east along the north ROW of W. Parkway Street to the northeast comer ofthe ROW intersection of W. Parkway Street and Locust; THENCE, south along the east ROW of Locust to the north ROW of McKinney; THENCE, east along the north ROW of McKinney to a point directly north of the southeast comer of the ROW intersection of McKinney and N. Bradshaw Street; THENCE, south across McKinney and continuing south along the east ROW of N. Bradshaw Street continuing directly south across E. Hickory Street to the south ROW of E. Hickory Street; THENCE, west along the south ROW of E. Hickory Street to the northeast comer of a tract in the Fred Hill Addition, Block A, Lot 1; THENCE, south and east following the property fine of a tract in the Fred Hill Addition, Block A, Lot 1 to the northwest comer of a 1.406 acre tract, A 1184A H. Cisco, Tract 14; THENCE, south along the west property line of a 1.406 acre tract, Al 184A H. Cisco, Tract 14 to its intersection with the north property line of a 1.694 acre tract Al 184A H. Cisco, Tract 15; THENCE, west and south along the north and west property line of a 1.694 acre tract Al 184A H. Cisco, Tract 15 to the northwest corner of a 0.16 acre tract, Al 184A H. Cisco, Tract 20; THENCE, south along the west property line of a 0.16 acre tract, A 1184A H. Cisco, Tract 20 to the north ROW of Sycamore; THENCE, directly south across Sycamore to the south ROW of Sycamore; THENCE, west along the south ROW of Sycamore to the northwest comer of the Oakwood Cemetery; Denton, Bom&iy Description 051710 6M010 Page 1 oft THENCE, south along the west property line of the Oakwood Cemetery to the north ROW of Prairie; THENCE, directly south across Prairie to the south ROW of Prairie; THENCE, west along the south ROW of Prairie to the southwest corner ofthe ROW intersection of Prairie and Elm; THENCE, north along the west ROW of Elm to the south ROW of Sycamore; THENCE, west along the south ROW of Sycamore to the southwest comer of the ROW intersection of Sycamore and Carroll Blvd. and the POINT OF BEGINNING, and containing a total area of approximately 225.73 acres. Denton, Boundary Description 051710 6/M10 Page 2 of 2 O Exhibit B: Tax Increment Financing District 0 _ -CARROLL o"du ST o _ (D _J U) u ids vrnH - N ~ - CD @ - yam, =r C o. ID 3* r _ 3 10 O _ Cn~' t I ~.K CD CT cc - Z Al c CL C ova , - - BRADSHAW C) o~ ro - 3 C w t m a•a - O S o _ d .o n 0 m r 0) n ~D n T (D CL 0 3 fD CI M v n p X (Q fD W to C o (f3 Z O TI Q 0 O 0 (p C CD 0 :3 3 B) o m C~ ° C n m `:3 o CD ~ofl o O Q m PROJECT PLAN - DENTON TIF NO. 1 PRELIMINARY PROJECT PLAN December 2010 Tax Increment Financing Reinvestment Zone No. I City of Denton, Texas SCHRADER & CLINE, LLC George R. Schrader Larry D. Cline 4800 Broadway, Ste A Addison, TX 75001 972-661-1973 schcli(&.swbell.net PROJECT PLAN - DENTON TIF NO. 1 PRELIMINARY December 2010 The City of Denton, Texas proposes to establish a Tax Increment Financing Reinvestment Zone ("TIF") for the purpose of dedicating the increase in tax revenue generated within the TIF to provide funds for public infrastructure to encourage accelerated development and redevelopment in the downtown area of the City. The TIF consists of approximately 225.73 acres and is more fully described in Project Plan Exhibit A. The City is creating this TIF to encourage accelerated development and redevelopment in this area of the City in an effort to stimulate new higher value, higher density development which would benefit and be incentivized from the proposed public infrastructure improvements. It is expected that the TIF will exist for thirty (30) years or the date when all project costs are paid, whichever comes first. As set forth in Section 311.011 of the Tax Increment Financing Act of the Texas Tax Code Ann., the Project Plan for Tax Increment Financing Reinvestment Zone No. 1, Denton, Texas must and does include the following elements: 1. A map showing existing uses and conditions of real property in the TIF and a map showing proposed improvements to and proposed use of the property. ■ The boundaries of the TIF are shown on the map labeled Project Plan Exhibit: B; ■ Project Plan Exhibit: C shows existing land use within the TIF. Currently, the area is generally developed but contains less than ten percent residential. ■ Project Plan Exhibit: D lists and defines the public improvements being proposed for the TIF; ■ Project Plan Exhibit: E shows anticipated Future Land Use within the TIF. 1 PROJECT PLAN - DENTON TIF NO. 1 PRELIMINARY 2. Proposed changes of zoning ordinances, the master plan of the municipality, building codes, and other municipal ordinances. ■ Any changes to codes, ordinances, or master plan as a result of the creation of the TIF will be made through the standard process and procedures of the City. 3. A list of estimated non-project costs. ■ Non-project costs within the TIF are those development costs not paid for by the TIF. These costs will include, but are not limited to, $207.5 million, which is comprised of new private development. 4. A statement of a method of relocating persons to be displaced as a result of implementing the plan. ■ Although not anticipated, in the process of developing the TIF, any relocation will be made through the standard process and procedures of the City. 2 PROJECT PLAN - DENTON TIF NO. 1 PRELIMINARY EXHIBIT A Boundary Description Beginning at the southwest corner of the ROW intersection of Carroll Blvd. and Sycamore, the POINT OF BEGINNING; THENCE, north along the west ROW of Carroll Blvd. to the northwest corner of the ROW intersection of Carroll Blvd. and W. Parkway Street; THENCE, east along the north ROW of W. Parkway Street to the northeast corner of the ROW intersection of W. Parkway Street and Locust; THENCE, south along the east ROW of Locust to the north ROW of McKinney; THENCE, east along the north ROW of McKinney to a point directly north of the southeast corner of the ROW intersection of McKinney and N. Bradshaw Street; THENCE, south across McKinney and continuing south along the east ROW of N. Bradshaw Street continuing directly south across E. Hickory Street to the south ROW of E. Hickory Street; THENCE, west along the south ROW of E. Hickory Street to the northeast corner of a tract in the Fred Hill Addition, Block A, Lot 1; THENCE, south and east following the property line of a tract in the Fred Hill Addition, Block A, Lot 1 to the northwest corner of a 1.406 acre tract, A1184A H. Cisco, Tract 14; THENCE, south along the west property line of a 1.406 acre tract, Al 184A H. Cisco, Tract 14 to its intersection with the north property line of a 1.694 acre tract Al 184A H. Cisco, Tract 15; THENCE, west and south along the north and west property line of a 1.694 acre tract A1184A H. Cisco, Tract 15 to the northwest corner of a 0.16 acre tract, A1184A H. Cisco, Tract 20; THENCE, south along the west property line of a 0.16 acre tract, A1184A H. Cisco, Tract 20 to the north ROW of Sycamore; THENCE, directly south across Sycamore to the south ROW of Sycamore; THENCE, west along the south ROW of Sycamore to the northwest corner of the Oakwood Cemetery; THENCE, south along the west property line of the Oakwood Cemetery to the north ROW of Prairie; THENCE, directly south across Prairie to the south ROW of Prairie; THENCE, west along the south ROW of Prairie to the southwest corner of the ROW intersection of Prairie and Elm; PROJECT PLAN - DENTON TIF NO. 1 PRELIMINARY Boundary Description THENCE, north along the west ROW of Elm to the south ROW of Sycamore; THENCE, west along the south ROW of Sycamore to the southwest corner of the ROW intersection of Sycamore and Carroll Blvd. and the POINT OF BEGINNING, and containing a total area of approximately 225.73 acres. 4 PROJECT PLAN - DENTON TIF NO. 1 PRELIMINARY EXHIBIT B TIF Boundary Legend TIF Boundary U L. Centerline Streets 0J Property Description Acreage w/or w/o Agr use _ Gable Company Duplex Exempt Gas Company LL i Multifamily 4-0 Phone Company I [J Real and Commercial ~JO Single Family L U Townhome ~ J Vacant Commercial Lots lC 3F., 141 `u WE m y..+ S y( It1:N I ON W April 16 2010 IwIJ05 Thls map is a graphic representation prepared by the City of Lon - and Is Intended for use only as a reference. Data depicted 0 0.('. 0.1 0.2 0.3 04 is not guaranteed for accuracy and maybe subject to revision. at anytime without notdication. A Registered Surveyor for the St3tc of Texas was not consu3ted. For Survey level accuracy, sunorvision and certification of the produced data by a Registered Profea lonal Land Surveyor for the State of Texas would need to oe performed 5 PROJECT PLAN - DENTON TIF NO. 1 PRELIMINARY EXHIBIT C Existing Land Use Legend TIF Boundary Centerline Streets N Property Description 3 Acreage w/or w/o Agr use :able Company E k I ~ril~ Duplex 11~i 1_v P~ f ~4V L.4B, Exempt C + a V,r gas Company V1 Multifamily W Phone Company y Real and Commercial U •i Single Family a--r Townhome IV Ii,;ilf<i_E Vacant Commercial Lots LL N fly U F' :E W E lie a..r I S X 0LN` ON W April 16 2010 Thb, •r no i~ graphic rep--tatmo tnf the city of f xnt a inI . for use only as a reference Data depicted 0 0.65 (13 04 is not gu- .r;sd for accuracy e. may be suW 1. to revision at any time without notification. A Registered Surveyor for the State of Texas was not consulted. For Survey level accuracy, supervision and certification of the produced data by a Registered Professional Land Surveyor for the State of Texas would mod to be performed 6 PROJECT PLAN - DENTON TIF NO. 1 PRELIMINARY EXHIBIT D Project Plan PROJECT ESTIMATED COST, $M Parking / Transportation 8.0 Complete Streets 7.9 Support for Downtown Projects 4.9 Utility / Drainage Improvements 4.0 TOTAL 24.8 Project Definitions Parking/Transportation: Parking includes, but is not limited to, parking garages; surface parking; parking lighting; and parking signage and wayfinding. This project category was designed to provide adequate public facilities for transportation and to foster Transit Oriented Development (TOD) that will occur as a result of the planned transit station that will link Denton with passenger rail service to the City of Carrollton, where riders can transfer to the Dallas Area Rapid Transit (DART) system into the Dallas/ Fort Worth metroplex. The goal is to create compact, walkable, pedestrian-centered developments to enhance and act as a catalyst to spur additional development and redevelopment in the district. Complete Streets: are "multi-functional, pedestrian-oriented, aesthetically-pleasing, and safe and inviting for residents and visitors. Redeveloping the existing downtown street network into complete streets will create a pleasing public realm, which in turn supports and encourages a wide variety of new development and investment" according to the Downtown Implementation Plan. Elements of complete streets include the building to building improvements which may encompass: sidewalks, shared travel lanes (e.g. bus and bicycle), parallel and angled parking, pedestrian crosswalks, pedestrian and emergency bulb (American with Disabilities Act (ADA) accessibility), awnings, street improvements, planters, pedestrian street furniture, bike racks and pedestrian lighting. Downtown Projects: may include grants, loans and services for public and private development. Eligible TIF project costs are not limited to public uses and may also include projects that involve: historic preservation, demolition, environmental remediation and economic development grants. Chapter 380 of the Local Government Code grants municipalities in Texas the authority to offer grants and loans of public funds to stimulate economic development. The chapter also includes a provision for the use of City employees, facilities and services. An example of a City service may include additional public safety personnel to serve the increased population created by the transit station and the surrounding transit oriented development. Solid 7 PROJECT PLAN - DENTON TIF NO. 1 PRELIMINARY EXHIBIT D Project Plan waste and recycling services tailored to serve the downtown area is another example of a public service. Utility Drainage: The downtown TIF district has an aging infrastructure and a number of properties that are situated in the floodplain making proper utility drainage an important component of the project plan. Utility drainage encompasses the physical provisions to accommodate and regulate stormwater runoff to preclude excessive erosion and sedimentation and to control and regulate the rate of flow. Facilities/systems can include natural features and conduits, channels, ditches, swales, pipes, detention devices or other devices designed or intended to carry, direct, detain or otherwise control stormwater," according the Denton Development Code. Projects may include one or more categories that may be leveraged as an incentive for development in the TIF district. An example of such a project, that would include both the parking/transportation and the downtown project categories, is a public private partnership for the constriction of a parking garage and mixed use development that includes a public investment for additional parking for the public. 8 PROJECT PLAN - DENTON TIF NO. 1 PRELIMINARY EXHIBIT E Future Land Use itf e rs . I I N Quakertown Park r: Mixed Use h" 19 Cf Residential ' Neighborhood k 3t. Mixed Use = - - = Tbb Area GCTr. Ti ii=;a I Mixed Use 71N 9 FINANCE PLAN - DENTON TIF NO. I PRELIMINARY FINANCE PLAN December 2010 Tax Increment Financing Reinvestment Zone No. I City of Denton, Texas SCHRADER & CLINE, LLC George R. Schrader Larry D. Cline 4800 Broadway, Ste A Addison, TX 75001 972-661-1973 schcli(&.swbell.net 1 FINANCE PLAN - DENTON TIF NO. 1 PRELIMINARY December 2010 The Financing Plan provides information on the projected monetary impact that the formation of the Tax Increment Financing Reinvestment Zone (TIF) could have on the property described in Finance Plan Exhibit: A and shown in Finance Plan Exhibit: B. It will also describe how that impact can be utilized to enhance the area and region through leveraging the resources of each entity that participates in the project. Below is a summary of the Financing Plan items required by law. 1. The proposed public improvements in the TIF may include: • Capital costs, including the actual costs of the constriction of public works, public improvements, new buildings, strictures, and fixtures; and the actual costs of the acquisition of land and the clearing and grading of land; • Financing costs, including all interest paid to holders of evidences of indebtedness or other obligations issued to pay for project costs and any premium paid over the principal amount of the obligations because of the redemption of the obligations before maturity; • Any real property assembly costs; • Professional service costs, including those incurred for architectural, planning, engineering, and legal advise and services; • Any relocation costs; • Organizational costs, including costs of conducting environmental impact studies or other studies, the cost of publicizing the creation of the TIF, and the cost of implementing the project plan for the TIF; • Interest before and during constriction and for one year after completion of constriction, whether or not capitalized; • The amount of any contributions made by the municipality from general revenue for the implementation of the project plan; • Imputed administrative costs, including reasonable charges for the time spent by employees of the municipality in connection with the implementation of a project plan; • The cost of operating the TIF and project facilities; and • Payments made at the discretion of the governing body of the municipality that the municipality finds necessary or convenient to the creation of the TIF or to the implementation of the project plans for the TIF. 2 FINANCE PLAN - DENTON TIF NO. 1 PRELIMINARY The specific capital improvement projects anticipated to be undertaken in the Denton TIF No. 1, are included in Finance Plan Exhibit: C. 2. Estimated Project Cost of TIF, including administrative expenses. • Project costs are estimated at approximately $24.8 million dollars. Specific cost estimates are included in Finance Plan Exhibit: C. 3. Economic Feasibility Study. • An economic feasibility analysis has been completed and is included as Finance Plan Exhibit: D. 4. The estimated amount of bonded indebtedness to be incurred. • If initial project costs are not advanced by a Developer, the City of Denton may consider issuing bonds when tax increment funds exceed the amount necessary to support debt service. 5. The time when related costs or monetary obligations are to be incurred. • Please refer to Finance Plan Exhibit: C for details regarding the type of improvement costs anticipated. The timing will be monitored by the TIF Board to insure adequate TIF funds are available. 6. A description of the methods of financing all estimated project costs and the expected sources of revenue to finance or pay project costs including the percentage of tax increment to be derived from the property taxes of each taxing unit on real property in the TIF. • Project costs will be financed through loans advanced by developers or by the use of tax increment funds received on a pay-as-you-go basis. No new debt is envisioned at this time, but bonds may be issued at a later date when adequate tax increment has been created to support debt service. The revenue sources will be the real property taxes captured by the TIF, which will account for 100% of revenues used to fund project costs or bond debt service. For the Financial Plan, the City will participate at varied tax rates for thirty (30) years. 7. The current total appraised value of taxable real property in the TIF. • The current appraised base value of the taxable real property in the TIF using the 2010 certified values provided by the Appraisal District is $80.2 million. 8. The estimated appraised value of the improvements in the TIF during each year of its existence. • The estimated appraised value of the improvements in the TIF per year is listed in the following FINANCE PLAN TABLE 1. FINANCE PLAN - DENTON TIF NO. 1 PRELIMINARY TABLE 1 Assessed Real Property Value Including Anticipated New Development Years 2010-2039 YEAR TOTAL ASSESSED VALUE, $M 2010 80.2 2011 81.6 2012 95.5 2013 100.2 2014 115.1 2015 118.9 2016 137.6 2017 145.5 2018 149.3 2019 162.2 2020 168.7 2021 177.1 2022 191.6 2023 200.2 2024 209.8 2025 223.9 2026 234.1 2027 244.3 2028 259.6 2029 266.9 2030 277.8 2031 283.7 2032 294.6 2033 300.6 2034 311.7 2035 318.3 2036 327.9 2037 334.6 2038 344.4 2039 351.2 4 FINANCE PLAN - DENTON TIF NO. 1 PRELIMINARY • The estimated annual incremental funds available from future development in the TIF are listed in the following table. TABLE 2 Annual Incremental Funds Provided for TIF No. 1 Years 2010-2040 ASSESSED BASE ANNUAL Year VALUE $1\1 ASSESSED CAPTURED TIE FT TND, $I~ VALUE $1\1 VALUE $1\1 2010 80.2 80.2 2011 81.6 80.2 1.4 2012 95.5 80.2 15.3 10 2013 100.2 80.2 20.0 106 2014 115.1 80.2 34.9 138 2015 1189 80.2 38.7 241 2016 137.6 80.2 57.4 254 2017 145.5 80.2 65.3 376 2018 149.3 80.2 69.1 428 2019 162.2 80.2 82.0 453 2020 168.7 80.2 88.5 537 2021 177.1 80.2 96.9 549 2022 191.6 80.2 111.4 602 2023 200.2 80.2 120.0 692 2024 209.8 80.2 129.6 745 2025 223.9 80.2 143.7 805 2026 234.1 80.2 153.9 892 2027 244.3 80.2 164.1 955 2028 259.6 80.2 179.4 1,019 2029 266.9 80.2 186.7 1,114 2030 277.8 80.2 197.6 1,159 2031 283.7 80.2 203.5 1,159 2032 294.6 80.2 214.4 1,193 2033 300.6 80.2 220.4 1,257 2034 311.7 80.2 231.5 1,292 2035 318.3 80.2 238.1 1,357 2036 3279 80.2 247.7 1,396 2037 334.6 80.2 254.4 1,452 2038 344.4 80.2 264.2 1,492 2039 351.2 80.2 271.0 1,549 2040 1,589 TOTAL 351.2 80.2 271.0 24,811 2010 TIE CONTRIBUTION TAX RATE $100 VALUATION Tax Rate $100 Valuation MARS 1 - 5 MARS 6 - 10 MARS 11 - 20 MARS 21 - 30 Citv of Denton 0.68975 0.68975 0.6552625 0.6207750 0.5862875 9. The duration of the TIF: • The TIF was created in 2010. It is proposed that the TIF exist for thirty (30) years with termination of the TIF set as 2039 or the date when all project costs are paid and any debt is retired, whichever comes first. 5 FINANCE PLAN - DENTON TIF NO. 1 PRELIMINARY EXHIBIT A Boundary Description Beginning at the southwest corner of the ROW intersection of Carroll Blvd. and Sycamore, the POINT OF BEGINNING; THENCE, north along the west ROW of Carroll Blvd. to the northwest corner of the ROW intersection of Carroll Blvd. and W. Parkway Street; THENCE, east along the north ROW of W. Parkway Street to the northeast corner of the ROW intersection of W. Parkway Street and Locust; THENCE, south along the east ROW of Locust to the north ROW of McKinney; THENCE, east along the north ROW of McKinney to a point directly north of the southeast corner of the ROW intersection of McKinney and N. Bradshaw Street; THENCE, south across McKinney and continuing south along the east ROW of N. Bradshaw Street continuing directly south across E. Hickory Street to the south ROW of E. Hickory Street; THENCE, west along the south ROW of E. Hickory Street to the northeast corner of a tract in the Fred Hill Addition, Block A, Lot 1; THENCE, south and east following the property line of a tract in the Fred Hill Addition, Block A, Lot 1 to the northwest corner of a 1.406 acre tract, A1184A H. Cisco, Tract 14; THENCE, south along the west property line of a 1.406 acre tract, Al 184A H. Cisco, Tract 14 to its intersection with the north property line of a 1.694 acre tract Al 184A H. Cisco, Tract 15; THENCE, west and south along the north and west property line of a 1.694 acre tract A1184A H. Cisco, Tract 15 to the northwest corner of a 0.16 acre tract, A1184A H. Cisco, Tract 20; THENCE, south along the west property line of a 0.16 acre tract, A1184A H. Cisco, Tract 20 to the north ROW of Sycamore; THENCE, directly south across Sycamore to the south ROW of Sycamore; THENCE, west along the south ROW of Sycamore to the northwest corner of the Oakwood Cemetery; THENCE, south along the west property line of the Oakwood Cemetery to the north ROW of Prairie; THENCE, directly south across Prairie to the south ROW of Prairie; THENCE, west along the south ROW of Prairie to the southwest corner of the ROW intersection of Prairie and Elm; 6 FINANCE PLAN - DENTON TIF NO. 1 PRELIMINARY Boundary Description THENCE, north along the west ROW of Elm to the south ROW of Sycamore; THENCE, west along the south ROW of Sycamore to the southwest corner of the ROW intersection of Sycamore and Carroll Blvd. and the POINT OF BEGINNING, and containing a total area of approximately 225.73 acres. 7 FINANCE PLAN - DENTON TIF NO. I PRELIMINARY EXHIBIT B Property Boundary Map Legend + Q TIF Boundary U .L Centerline Streets U1 0 Property Description Acreage Wor w/o Agr use Cable Company Duplex Exempt Gas Company LL,. Multifamily Phone Company wS e i lJ Real and Commercial Q7 ' ! Single Family L U!'_ lv° Townfiome Wli Vacant Commercial Lots K lC N W E m I a.+ S LO X, _..T. I),,.N:ION W Apiii 11;2010 Miles This map Ina graphic representation prepared by the City of Denton and Is Intended for use only as a reference. Data depicted 0 0.05 0.1 0.2 0 0.4 is oat g d-Fli-el for and may be subfeci lei r- sign at any time -Thout notification. A Registered Surveyor for the State of Texas was not consulted' For Survey level accuracy, supervision and certification of the produced data by a Registered Professional Land Surveyor for the State of Texas would need to be performed 8 EXHIBIT C PROJECT ESTIMATED COST, $M Parking / Transportation 8.0 Complete Streets 7.9 Support for Downtown Projects 4.9 Utility / Drainage Improvements 4.0 TOTAL 24.8 Project Definitions Parking/Transportation: Parking includes, but is not limited to, parking garages; surface parking; parking lighting; and parking signage and wayfinding. This project category was designed to provide adequate public facilities for transportation and to foster Transit Oriented Development (TOD) that will occur as a result of the planned transit station that will link Denton with passenger rail service to the City of Carrollton, where riders can transfer to the Dallas Area Rapid Transit (DART) system into the Dallas/ Fort Worth metroplex. The goal is to create compact, walkable, pedestrian-centered developments to enhance and act as a catalyst to spur additional development and redevelopment in the district. Complete Streets: are "multi-functional, pedestrian-oriented, aesthetically-pleasing, and safe and inviting for residents and visitors. Redeveloping the existing downtown street network into complete streets will create a pleasing public realm, which in turn supports and encourages a wide variety of new development and investment" according to the Downtown Implementation Plan. Elements of complete streets include the building to building improvements which may encompass: sidewalks, shared travel lanes (e.g. bus and bicycle), parallel and angled parking, pedestrian crosswalks, pedestrian and emergency bulb (American with Disabilities Act (ADA) accessibility), awnings, street improvements, planters, pedestrian street furniture, bike racks and pedestrian lighting. Downtown Projects: may include grants, loans and services for public and private development. Eligible TIF project costs are not limited to public uses and may also include projects that involve: historic preservation, demolition, environmental remediation and economic development grants. Chapter 380 of the Local Government Code grants municipalities in Texas the authority to offer grants and loans of public funds to stimulate economic development. The chapter also includes a provision for the use of City employees, facilities and services. An example of a City service may include additional public safety personnel to serve the increased population created by the transit station and the surrounding transit oriented development. Solid FINANCE PLAN - DENTON TIF NO. 1 PRELIMINARY EXHIBIT D Project Plan waste and recycling services tailored to serve the downtown area is another example of a public service. Utility Drainage: The downtown TIF district has an aging infrastructure and a number of properties that are situated in the floodplain making proper utility drainage an important component of the project plan. Utility drainage encompasses the physical provisions to accommodate and regulate stormwater runoff to preclude excessive erosion and sedimentation and to control and regulate the rate of flow. Facilities/systems can include natural features and conduits, channels, ditches, swales, pipes, detention devices or other devices designed or intended to carry, direct, detain or otherwise control stormwater," according the Denton Development Code. Projects may include one or more categories that may be leveraged as an incentive for development in the TIF district. An example of such a project, that would include both the parking/transportation and the downtown project categories, is a public private partnership for the constriction of a parking garage and mixed use development that includes a public investment for additional parking for the public. 10 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY PRELIMINARY FEASIBILITY ANALYSIS (EXHIBIT D OF THE FINANCE PLAN) December 2010 Tax Increment Financing Reinvestment Zone No. I City of Denton, Texas SCHRADER & CLINE, LLC George R. Schrader Larry D. Cline 4800 Broadway, Ste A Addison, TX 75001 972-661-1973 schcli c,swbell.net FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY INDEX Page Index I Forward 2 Section I: HISTORY 3 Section II: CURRENT CONDITION / STATE 4 Section III: TAX INCREMENT ANALYSIS 6 Section IV: TABLES 11 TABLE I General Value Increase, $M 12 TABLE 2 Catalyst Project Value Increase, $M 13 TABLE 3 Other Development Redevelopment Value Increase, $M 14 TABLE 4 Cumulative Total Value Increase, $M 15 TABLE 5 City Contribution to TIE, W 16 TABLE 6 City BPP Value Increase, W 17 TABLE 7 Total Income to Citv, W 18 Section V: EXHIBITS 19 EXHIBIT I Catalyst Project Overview 20 EXHIBIT II --Area A 21 EXHIBIT III --Area B 22 EXHIBIT IV Area C 23 EXHIBIT V Area D 24 EXHIBIT VI Area E 25 1 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY FOR WARD Schrader & Cline, LLC was asked to prepare a Feasibility Analysis using tax increment financing to encourage accelerated development and redevelopment for Tax Increment Financing Reinvestment Zone (TIF) No. I in the City of Denton, Texas. The areas of the City within the boundary of the TIF need public infrastructure projects that will provide a stimulus for new development. Section I summarizes the history of Denton. Section II is a brief discussion of the current condition/state. Section III details the tax increment analysis. Section IV contains Tables. Section V contains Exhibits. The following projections of development, redevelopment and tax revenues are subject to change. As underlying conditions in the national and regional economy change, the pace and value of new development and redevelopment projected for the TIF area may shift. Future property tax rates are particularly difficult to predict given their dependence on changes in the tax base, the mix of taxes levied and the various jurisdictions' overall fiscal and budgetary policies. Thus, the projected tax increments are subject to change. The analysis of future tax increment funds is dependent on a series of projections, assumptions, and other inputs. As a result, the report should be reviewed in totality. Neither this report nor its conclusions may be referred to or included in any prospectus or part of any offering made in connection with private syndication of equity, sale of bonds, sale of securities or sale of participation interests to the public without express written approval. 2 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY SECTION L• HISTORY Denton, the county seat of Denton County, is located on IH 35, less than forty miles north of Dallas and Fort Worth. Because of its proximity, Denton has become closely associated with the Dallas - Fort Worth metropolitan area. The City was founded in 1857 in order to become the county seat, because it was located near the center of the County. Although established in 1857, and with a courthouse built on the north side of the square, it was not until 1866 that Denton was incorporated. In its early years, Denton grew slowly, but that changed with completion of the Texas and Pacific Railway and the Missouri, Kansas and Texas Railway through Denton in 1881. With only north and south rail connections, however, the town did not develop as a manufacturing and wholesale center. The next spur to Denton's growth came in 1890 with the opening of North Texas Normal College (now the University of North Texas) and in 1903 with the opening of the Girls Industrial College (now Texas Woman's University). With these developments as catalysts, the City grew from a population of 1,194 in 1880 to 2,558 in 1890 and subsequently, over time, to a population of 26,844 in 1960 and to 48,063 in 1980. Proximity to Dallas and Fort Worth, with good interstate highway connections, played a major role in this growth. Steady and at times rapid growth of enrollment at the two universities was important also. Additionally, after 1974 the City added many new residents as a result of the opening of Dallas - Fort Worth International Airport, which is closer to Denton than to many parts of Dallas and Fort Worth. Many airline employees and executives who traveled for major companies took up residence in Denton. The City of Denton has also benefitted from the continued rapid growth of the metropolitan area and as this growth has moved northward, the City has grown in population from 66,270 in 1990 to 80,537 in 2000 to a currently estimated 122,830, according to the U.S. Census Bureau. FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY SECTIONIT CURRENT CONDITIONI STATE While Denton has grown to a population in excess of 100,000, the Denton downtown has not shared in the growth. One of the primary reasons for the lack of growth in the downtown area is the condition of the infrastructure. Many of the water and sewer lines serving downtown are 50 years old or older and are undersized to support new and more dense development and redevelopment. Drainage is poor. Many streets have fallen in need of repair or reconstruction, with unsafe sidewalks which do not meet ADA requirements. There also is a lack of parking to serve a higher level of development. The City of Denton has the potential, the need and the desire to undergo a successful revitalization of its downtown. To begin the effort, the City approved a Downtown Masterplan by Fregonese Calthorpe Associates and TIP Strategies in May/June 2003. This was followed by a Downtown Redevelopment Implementation Plan done by Leland Consulting Group and RTKL in 2005. The Leland / RTKL plan suggested five catalyst projects which would • Address underserved market niches • Provide direction for targeting and leveraging public investment • Advance market-tested vision over near-term and long-term • Create a physically and economically sustainable plan As one of the potential implementation tools for this plan, Leland/RTKL recommended creation of a Tax Increment Financing (TIF) Reinvestment Zone to fund public improvements which would provide assistance and stimulus for private redevelopment and new development. To further define and guide downtown public infrastructure improvements that would help stimulate private development and be funded by a TIF, the City of Denton asked Jacobs to prepare a Downtown Implementation Plan. This plan, presented to the community and adopted by the Denton City Council in August 2010, focused on parking, complete streets, solid waste, a form base code and the planned transit oriented development. 4 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY Based on the Leland/RTKL recommendation, and following the Downtown Implementation Plan recommendations, the City of Denton is proposing creation of a TIF Reinvestment Zone for the downtown area. The "defined area" of approximately 225.73 acres was developed by city staff along with the Downtown Task Force and the Economic Development Partnership Board. New private development and redevelopment expected to occur as a result of public improvements funded by the TIF will increase downtown property values and tax income as well as bolster business personal property value and its related tax income for all taxing jurisdictions. TIF has been used in many other cities and is a proven method to stimulate private development and redevelopment growth sooner, rather than later, and in many cases will stimulate growth in value which might never occur without public improvements funded by the TIF. 5 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY SECTION III: TAX INCREMENT ANALYSIS This section documents the detailed analysis and inputs used to generate the tax increment revenue estimates. Tax Increment Financing involves: ■ Designating an eligible redevelopment area as a Tax Increment Financing Reinvestment Zone; ■ Soliciting participation of other taxing jurisdictions; ■ Setting the assessment base at the level of the most recent assessment; and ■ Placing tax revenues generated by the increase in assessed value in a tax increment fund for funding public improvements. Thus, future tax increment revenues depend on four elements: ■ The timing and added value of new development; ■ Appreciation of existing land and improvements; ■ The loss of value from any existing improvements demolished to make way for new development; and ■ Future tax rates and the percentage of participation of each taxing jurisdiction. Assessment policies typically set building assessments at 100 percent of fair market value, which are generally comparable to constriction costs for new constriction. Assessed values are established as of January 1 of the tax year. Thus, development in 2010 goes on the tax rolls for the Tax Year 2011. In this analysis, to be conservative, no increase in value on redevelopment or new development after completion has been included. In addition, after the initial five years, only a portion of the taxes from increases in real property values for the City of Denton are directed to the TIF Fund. Taxes from the remaining portion on real property values and 100% of all taxes from increases in business personal property values will flow to the City. All taxes from increases in real property and business personal property values will flow to the other taxing jurisdictions. Sales tax income generated from both existing retail and new retail will continue to flow to the City of Denton. The total year 2010 taxable value of the property within the TIF boundary is estimated to be $80.2 million. 6 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY For the purposes of this tax increment analysis, the initial tax base for the Tax Increment Fund is assumed to be $80.2 million. Taxes on the amount of base tax value will continue to flow to all taxing jurisdictions during the 30-year life of the TIF. The increase in value as a result of development and redevelopment within the TIF boundary is expected to be created in three different categories: 1. the general increase in values over time through normal Appraisal District revaluations and overall inflation; 2. the new values created by completion of the catalyst projects identified in the Downtown Redevelopment Implementation Plan; and 3. other general development and redevelopment expected to occur within the TIF boundary. Each of these will be discussed in more detail in the following sections. General Increase General value increases are based on the City of Denton forecast through 2014. The average increase through 2014 is 2.2% per year. To be somewhat conservative, beyond 2014 an average annual increase of 2% per year was used. This annual increase still generated an increase in value within the TIF from $80.2 million to $143.7 million, an increase of $63.5 million (see attached Table 1). Catalyst Projects As mentioned previously, the city of Denton commissioned the team of Leland Consulting Group and RTKL Associates, Inc. to provide a Downtown Redevelopment Implementation Plan. This team evaluated five potential catalyst projects (see Exhibit 1) which would-- • Address underserved market niches in Denton, • Promote density and increase in "rooftops", • Provide direction for targeting and leveraging public investment, • Advance market-tested vision over near- and long-term, and • Create a physically and economically sustainable plan. These catalyst projects would focus on-- 7 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY • Strengthening the core, • Transit, • Infill development, • Connecting the Civic Center to downtown, and • Gateways into downtown. For this analysis, the project values developed by the team for each catalyst project except catalyst project A were used. Project A value was developed based on more recent input from City Staff. Each project is projected to develop over the time periods shown below. The location of each project is shown in Exhibits 11, III, IV, V, and VI, and a summary is shown below. Area Description Value, $M Development Time Period A Mixed-use Residential/Retail/Transit 55 2012-2028 B Mixed-use Residential/Retail 14 2017-2029 C Residential Infill 16 2020-2034 D Mixed-use Office/Residential 27 2022-2038 E Residential Infill 13 2017-2027 The value created over the life of the TIF by these five catalyst projects is shown in attached Table 2. Other Development/Redevelopment New development and redevelopment value increases during the past few years within the downtown area have averaged about $1.7 million per year. With the stimulus provided by the catalyst projects and with the potential aid of TIF funds, this analysis assumed that a higher level of development and redevelopment within the TIF are would occur as shown below. 8 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY Development Annual Value Time Period Increase, $M 2010 2011 3.0 2012-2014 1.5 2015-2019 2.0 2020-2024 2.5 2025-2029 3.0 2030-2034 3.5 2035-2039 4.0 The value created over the life of the TIF by general development/redevelopment is shown in attached Table 3. The forecast of increased value created within the TIF boundary during the next 30 years from these three categories is shown in Table 4. Income to the TIF Fund based on the values shown in attached Table 4 and the City of Denton tax rate assumptions shown below is detailed in attached Table 5. Jurisdiction Years 2010 Tax Rate % of $/$100 Value Tax Rate City of Denton 1-5 0.6897500 100 6-10 0.6552625 95 11-20 0.6207750 90 21-30 0.5862875 85 Attached Table 5 also shows income which flows to the general fund of the City from the remaining tax rate not applied to the TIF. Business Personal Property tax income will also be generated from increased values within the TIF. Business Personal Property & Inventory (BPP) values for 2009 in the TIF area was 39.1% of real property values. For this analysis, a conservative forecast of BPP tax income to the City in the TIF District is based on BPP values being 40% of real property values initially, declining 9 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY annually to 30% by 2021 and remaining at 30% thereafter using 100% of the tax rate. This income from BPP is shown in attached Table 6. Attached Table 7 shows a forecast of total income to the City during the 30 year life of the TIF. This income is generated from the non-TIF portion of the real property tax rate and BPP income, both from new values generated within the TIF and also from real property and BPP base values. A summary of income to the TIF and the City General Fund over the 30-year life of the TIF is shown below. Jurisdiction TIF Fund, $K CITY Income, $K City of Denton 24,811 3 5,615 The public infrastructure projects planned to stimulate the higher values created by the TIF are shown in Project Plan Exhibit D. 10 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY SECTION I V.• TABLES 11 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY TABLE 1 CITY OF DENTON TAX INCREMENT FINANCING REINVESTMENT ZONE NO. I GENERAL VALUE INCREASE, $M YEAR VALUE VALUE BASE VALUE INCREASE 2010 80.2 80.2 - 2011 78.6 80.2 (1.6) 2012 81.0 80.2 0.8 2013 84.2 80.2 4.0 2014 87.6 80.2 7.4 2015 89.4 80.2 9.2 2016 91.1 80.2 10.9 2017 93.0 80.2 12.8 2018 94.8 80.2 14.6 2019 96.7 80.2 16.5 2020 98.7 80.2 18.5 2021 100.6 80.2 20.4 2022 102.6 80.2 22.4 2023 104.7 80.2 24.5 2024 106.8 80.2 26.6 2025 108.9 80.2 28.7 2026 111.1 80.2 30.9 2027 113.3 80.2 33.1 2028 115.6 80.2 35.4 2029 117.9 80.2 37.7 2030 120.3 80.2 40.1 2031 122.7 80.2 42.5 2032 125.1 80.2 44.9 2033 127.6 80.2 47.4 2034 130.2 80.2 50.0 2035 132.8 80.2 52.6 2036 135.4 80.2 55.2 2037 138.1 80.2 57.9 2038 140.9 80.2 60.7 2039 143.7 80.2 63.5 TOTAL 143.7 80.2 63.5 *Increases based on City of Denton forecast through 2014. Beyond 2014 assumed average of 2% / year increase. TABLE 2 12 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY CITY OF DENTON TAX INCREMENT FINANCING REINVESTMENT ZONE NO. I CATALYST PROJECT VALUE INCREASE, $M YEAR A B C D E TOTAL CUM.TOTAL 2010 - - - - - - - 2011 - - - - - - - 2012 10.0 - - - - 10.0 10.0 2013 - - - - - - 10.0 2014 10.0 - - - - 10.0 20.0 2015 - - - - - - 20.0 2016 15.0 - - - - 15.0 35.0 2017 - 2.0 - - 2.0 4.0 39.0 2018 - - - - - - 39.0 2019 5.0 2.0 - - 2.0 9.0 48.0 2020 - - 2.0 - - 2.0 50.0 2021 - 2.0 - - 2.0 4.0 54.0 2022 5.0 - 2.0 3.0 - 10.0 64.0 2023 - 2.0 - - 2.0 4.0 68.0 2024 - - 2.0 3.0 - 5.0 73.0 2025 5.0 2.0 - - 2.0 9.0 82.0 2026 - - 2.0 3.0 - 5.0 87.0 2027 - 2.0 - - 3.0 5.0 92.0 2028 5.0 - 2.0 3.0 - 10.0 102.0 2029 - 2.0 - - - 2.0 104.0 2030 - - 2.0 3.0 - 5.0 109.0 2031 - - - - - - 109.0 2032 - - 2.0 3.0 - 5.0 114.0 2033 - - - - - - 114.0 2034 - - 2.0 3.0 - 5.0 119.0 2035 - - - - - - 119.0 2036 - - - 3.0 - 3.0 122.0 2037 - - - - - - 122.0 2038 - - - 3.0 - 3.0 125.0 2039 - - - - - - 125.0 TOTAL 55.0 14.0 16.0 27.0 13.0 125.0 125.0 13 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY TABLE 3 CITY OF DENTON TAX INCREMENT FINANCING REINVESTMENT ZONE NO. I OTHER DEVELOPMENT/REDEVELOPMENT VALUE INCREASE, $M YEAR CUM. VALUE VALUE 2010 - - 2011 3.0 3.0 2012 1.5 4.5 2013 1.5 6.0 2014 1.5 7.5 2015 2.0 9.5 2016 2.0 11.5 2017 2.0 13.5 2018 2.0 15.5 2019 2.0 17.5 2020 2.5 20.0 2021 2.5 22.5 2022 2.5 25.0 2023 2.5 27.5 2024 2.5 30.0 2025 3.0 33.0 2026 3.0 36.0 2027 3.0 39.0 2028 3.0 42.0 2029 3.0 45.0 2030 3.5 48.5 2031 3.5 52.0 2032 3.5 55.5 2033 3.5 59.0 2034 3.5 62.5 2035 4.0 66.5 2036 4.0 70.5 2037 4.0 74.5 2038 4.0 78.5 2039 4.0 82.5 TOTAL 82.5 82.5 14 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY TABLE 4 CITY OF DENTON TAX INCREMENT FINANCING REINVESTMENT ZONE NO. I CUMULATIVE TOTAL VALUE INCREASE, $M YEAR GENERAL CATALYST OTHER TOTAL 2010 - - - - 2011 (1.6) - 3.0 1.4 2012 0.8 10.0 4.5 15.3 2013 4.0 10.0 6.0 20.0 2014 7.4 20.0 7.5 34.9 2015 9.2 20.0 9.5 38.7 2016 10.9 35.0 11.5 57.4 2017 12.8 39.0 13.5 65.3 2018 14.6 39.0 15.5 69.1 2019 16.5 48.0 17.5 82.0 2020 18.5 50.0 20.0 88.5 2021 20.4 54.0 22.5 96.9 2022 22.4 64.0 25.0 111.4 2023 24.5 68.0 27.5 120.0 2024 26.6 73.0 30.0 129.6 2025 28.7 82.0 33.0 143.7 2026 30.9 87.0 36.0 153.9 2027 33.1 92.0 39.0 164.1 2028 35.4 102.0 42.0 179.4 2029 37.7 104.0 45.0 186.7 2030 40.1 109.0 48.5 197.6 2031 42.5 109.0 52.0 203.5 2032 44.9 114.0 55.5 214.4 2033 47.4 114.0 59.0 220.4 2034 50.0 119.0 62.5 231.5 2035 52.6 119.0 66.5 238.1 2036 55.2 122.0 70.5 247.7 2037 57.9 122.0 74.5 254.4 2038 60.7 125.0 78.5 264.2 2039 63.5 125.0 82.5 271.0 TOTAL 63.5 125.0 82.5 271.0 15 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY TABLE 5 CITY OF DENTON TAX INCREMENT FINANCING REINVESTMENT ZONE NO. I CITY YEAR TOTAL REAL PROPERTY VALUE CONTRIBUTION INCOME TO INCREASE, $M TO TIF, $K* CITY, $K 2010 - - - 2011 1.4 - - 2012 15.3 10 - 2013 200 106 - 2014 34.9 138 - 2015 38.7 241 - 2016 57.4 254 13 2017 65.3 376 20 2018 611 428 23 2019 810 453 24 2020 88.5 537 28 2021 909 549 61 2022 111.4 602 67 2023 1200 692 77 2024 1216 745 83 2025 143.7 805 89 2026 153.9 892 99 2027 164.1 955 106 2028 1714 1,019 113 2029 1807 1,114 124 2030 197.6 1,159 129 2031 203.5 1,159 204 2032 214.4 1,193 211 2033 220.4 1,257 222 2034 231.5 1,292 228 2035 238.1 1,357 240 2036 247.7 1396 246 2037 254.4 1,452 256 2038 2612 1,492 263 2039 271.0 1,549 273 2040 - 1,589 280 TOTAL 271.0 24,811 3,479 * Based on 2010 tax rate of Years 1 - 5 $0.6897500 / $100 valuation (100%) Years 6 - 10 $0.6552625 / $100 valuation (95%) Years 11 - 20 $0.6207750 / $100 valuation (90%) Years 21 - 30 $0.5862875 / $100 valuation (85%) 16 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY TABLE 6 CITY OF DENTON TAX INCREMENT FINANCING REINVESTMENT ZONE NO. I CITY YEAR TOTAL REAL INCOME TO PROPERTY VALUE BUSINESS PERSONAL CITY, $K** INCREASE, $M PROPERTY VALUE % INCREASE, $M 2010 - - - - 2011 1.4 40 0.6 - 2012 15.3 39 6.0 4 2013 20.0 38 7.6 41 2014 34.9 37 12.9 52 2015 38.7 36 13.9 89 2016 57.4 35 20.1 96 2017 65.3 34 22.2 139 2018 69.1 33 22.8 153 2019 82.0 32 26.2 157 2020 88.5 31 27.4 181 2021 96.9 30 29.1 189 2022 111.4 30 33.4 201 2023 120.0 30 36.0 230 2024 129.6 30 38.9 248 2025 143.7 30 43.1 268 2026 153.9 30 46.2 297 2027 164.1 30 49.2 319 2028 179.4 30 53.8 339 2029 186.7 30 56.0 371 2030 197.6 30 59.3 386 2031 203.5 30 61.1 409 2032 214.4 30 64.3 421 2033 220.4 30 66.1 444 2034 231.5 30 69.5 456 2035 238.1 30 71.4 479 2036 247.7 30 74.3 492 2037 254.4 30 76.3 512 2038 264.2 30 79.3 526 2039 271.0 30 81.3 547 2040 - - - 561 TOTAL 271.0 30 81.3 8,607 *Estimated Business Personal Property & Inventory value for 2010 is $299 million, 39.1 % of real property value. To be conservative this percentage Nvas reduced from 40% to 30% over the next 11 years. This value Nvas used for the remainder of the TIF life. **Based on tax rate of $0.68975 / $100 valuation applied to business personal property & inventory value increases. 17 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY TABLE 7 CITY OF DENTON TAX INCREMENT FINANCING REINVESTMENT ZONE NO. I CITY YEAR INCOME FROM INCOME TO CITY TOTAL INCOME FROM NEW BUSINESS SUBTOTAL FROM BASE INCOME TO NEW REAL PERSONAL INCOME FROM REAL AND BPP CITY, $K PROPERTY TAX, PROPERTY TAX, NEW VALUES, VALUES, $K* $K $K $K 2010 - - - 759 759 2011 - - - 759 759 2012 - 4 4 759 763 2013 - 41 41 759 800 2014 - 52 52 759 811 2015 - 89 89 759 848 2016 13 96 109 759 868 2017 20 139 159 759 918 2018 23 153 176 759 935 2019 24 157 181 759 940 2020 28 181 209 759 968 2021 61 189 250 759 1,009 2022 67 201 268 759 1,027 2023 77 230 307 759 1,066 2024 83 248 331 759 1,090 2025 89 268 357 759 1,116 2026 99 297 396 759 1,155 2027 106 319 425 759 1,184 2028 113 339 452 759 1,211 2029 124 371 495 759 1,254 2030 129 386 515 759 1,274 2031 204 409 613 759 1,372 2032 211 421 632 759 1,391 2033 222 444 666 759 1,425 2034 228 456 684 759 1,443 2035 240 479 719 759 1,478 2036 246 492 738 759 1,497 2037 256 512 768 759 1,527 2038 263 526 789 759 1,548 2039 273 547 820 759 1,579 2040 280 561 841 759 1,600 TOTAL 3,479 8,607 12,086 23,529 35,615 * Based on 2010 real property value and 2009 business personal property & inventory value. 18 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY SECTION V.• EXHIBITS 19 ~ O (11 r- Ul Q E13 a.-- ~ ~~I w a) tU a, C_7 C7 _ R3 Q 0) U3 ~ Q (D CD t tU Co ~ (1) > (U c 0 LL Q L7 r~ Q E a I li _ pp t ( I I sl cd i d C~j u I w a w w r" N ~.n e..n.e e..n.e. .n.e.., e..n. e..n.e .n.e.. n.e... e..n. e..n.e.. e..n.e. .e..m 157 a t1~ c ,b - C7 (17 O _ (1) Cl~ ~ ~ Qa tf1 c~ N ~r r I i ` - i r ~ 74'C Y M j i 2 s CIJ C f l w i. x a~ w w ~ N ~ N H IF7 wl M L 0 t~ r [i) d (D d a co m ; ; m L m Q LIJ ~ T C~j J-, f77i C~j ~w i U w ~ N H Fx~ W C p ~ r i 1- 0 v 7 ~ v ~ ~ LJ7 ~ ~ ~ `ap Q] ~ p (U ~ ~ ~ ~ ~ r- Q p (L) p 7 p ~ to v ❑ [~3 Ct3 F - I lo, ~a y lip C~j I , ,r Ww i C~j I H _ w i W U z w N H t~ tll ~ ~ ~ tl~ tU tll ~ ~ r`i ~ rte.. ~ n t ] ~ t7} C] -r ~ ~ C tll O r I L. ~ I , I ~ i 1 - K r C I R C~j x- w - U w N H F~ v ~v ~ U of 5 LL Eu ~ (10 1 17 ~ I v iYy ~y a ri V~ - _ ~ 9991 ~ I~ ~ 'i e C~j i a C~j w ~ ~ tirt i IV 't I { ~~k f W l 1 ~ i ay++~~vY~n w y i q I C~ w