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June 20, 2000 Agenda
AGENDA Agendaltem. ~ CITY OF DENTON CITY COUNCIL Date--~-~--~ June 20, 2000 After determining that a quorum is present and convening m an Open Meeting, the C~ty Council of the City of Denton, Texas wall convene m a Closed Meeting on Tuesday, June 20, 2000 at 5 15 p m In the Clay of Denton Counml Work Sessaon Room, Denton City Hall, at 215 East McKtnney, Denton, Texas to consider specafle items when these items are listed below under the Closed Meeting section of this agenda When items for eonslderatmn are not listed under the Closed Mqetmg section of the agenda, the C~ty Council wall not conduct a Closed Meeting at 5 15 p m and wall convene at the t~me listed below for its regular or spemal called meeting The City Council reserves the right to adjourn into a Closed Meetang on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, as set forth below 1 Closed Meeting [**Before the Denton City Council may deliberate, vote, or take final action on each of the agenda atems posted as a competmve matter ~n a Closed Meeting under the provlsmns of TEX GOV'T CODE Section 551 086(c), the C~ty Councal must first make a good froth determination, by majority vote of ~ts members, that the particular agenda ~tem ~s a compet~tave matter that satisfies the requirements of Sectaon 551 086(b)(3) The vote shall be taken dunng the Closed Meeting and shall be included in the certffied agenda of the Closed Meetang If the City Council falls to detenmne by a majority vote that the particular agenda atem satisfies the reqmrements of Section 551 086(b)(3), the City Council may not deliberate or take any further action on that agenda item an the Closed Meeting ] A Deliberations Regarding Certain Pubhc Power Utdltles Competat~ve Matters --- Under TEX GOV'T CODE Section 551 086 ** (1) Consider approval of an ordinance pmwdmg for, authorizing, and approving an Agreement By and Between the C~ty of Denton and Andrew Corporation for Electric Service, determunng that smd Agreement pertains to a competmve electric matter, approvang the expenditure of funds therefor, providing an effective date, and discuss, dehberate, consader, vote, and take final action thereon 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 1N ACCORDANCE WITH THE PROVISIONS OF SECTION 551 086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION") THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSEDi MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX GOV'T CODE, SECTIONS 551 001, ET SEQ (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 SECTIONS 551 071-551 086 OF THE TEXAS OPEN MEETINGS ACT City of Denton City Council Agenda June 20, 2000 Page 2 Regular Meeting of the City of Denton Ctty Council on Tuesday, June 20, 2000 at 6 00 p m in the Council Chambers at City Hall, 215 E McKtnney Street, Denton, Texas at which the followtng ~tems will be considered 1 Pledge of Allegmnce A U S Flag B Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and mdavlslble" PROCLAMATIONS/PRESENTATIONS 2 Prosentatlons A Presentation of Certificate of Congratulations to State Representative Myra Cmwnover B June Yard of the Month Awards C Presentation of The Denton Plan CITIZE~ 3 Receive a report from Wllhe Hudspeth regarding concerns about southeast Denton 4 Receive a citizen report from Dessle Goodson regarding the City of Denton Public Transportation and threats 5 Receive a citizen report from Carolyn Plulhps regardtng zomng concerns 6 Receive a citizen report from Joe Dodd regarding theft of a street 7 Receive a citizen report from Ross MeRon regarding "Service with a smile - I hope" NOISE~ 8 Consider a request for an exception to the Noise Ordinance for an outdoor concert at the North Texas Fairgrounds on September 22, 2000 until mldmght CONSENT AGENDA Each of these ttems is recommended by the Staff and approval thereof will be strictly on the basts of the Staff reeommendaUons Approval of the Consent Agenda authorizes the Ctty manager or hts destgnee to tmplement each item m accordance wtth the Staff recommendations The Ctty Council has recetved background mformatton and has had an opportumty to ratse questtons regardtng these ttems prior to conslderatton L~sted below are btds and purchase orders to be approved for payment under the Consent Agenda (Agenda Items 9-20) Thts hstmg is promded on the Consent Agenda to allow Council Members to dtseuss oF wtthdraw an ttem prior to approval of the Consent Agenda If no items are pulled, Consent Agenda Items 9-20 below will be approved voth one motton If ttems are pulled for separate dtseusston, they will be eonmdered as the first ttems under "Items for Indtvtdual Constderatton" City of Denton Cxty Cotmcfl Agenda June 20, 2000 Page 3 9 Comader approval of a tax refund to James Lott The 1999 tax was overpmd, resultang an an overpayment 10 Consader approval of a tax refund to Ehzabeth Bamck The 1999 tax was paid twace, resultang m an overpayment 11 Consader approval of a tax refund to PNC Leasing Corp The 1999 assessed value was lowered per Denton Central Appraasal District, resulting m an overpayment 12 Consider adoptaon of an ordinance accepting competitive bads and awarding a pubhc works contract for the constmeuon of Duncan, Massey, Cleveland, Collins drainage, provadang for the expandature of funds therefore, and provadlng an effectave date (Bid #2512 - Duncan, Massey, Cleveland, Collins Drmnage-D B R Construction $567,399 7O) 13 Consader adoptaon of an ordinance acceptang competatlve b~ds and awarding an annual contract for the supply of wood utthty poles, provadmg for the expendamre of funds therefore, and providing an effectave date (B~d #2506 - Wood Utflaty Poles-Cummins UUhty Supply) 14 Consader adoptmn of an ordanance accepting competltave bads and awarding an annual contract for the purchase of Denton Mummpal Utflaty envelopes, provading for the expenthture of funds therefore, and provadmg an effectave date (Bad #2511 - Denton Mumcapal Utthty Envelopes-Precept, Inc -estimated amount of $18,877 50) 15 Consader adoptmn of an ordinance accepting competatlve bads and awardang an annual contract for the supply of Emergency Medical Supplies, provldang for the expendature of funds therefore, and promdmg an effective date (Bad #2509 - EMS Supphes-awarded as hsted an the ordinance m an estamated total amount of $160,000) 16 Consider adoption of an urdmance accepting competatave proposals and awardang a contract for the purchase of Pubhc Officmls Llabflaty (POL) and Employment Practices Liabflaty (EPL) Insurance prowdlng for the expandature of funds therefore, and provad~ng an effective date (RFSP 2498 - Pubhc Officml Llabflaty and Employment Practaces Lmbfl~ty Insurance-Genes~s Indemmty Insurance Company through Palmer and Cay of Texas, Inc-first year premium amount is $40,740-three-year option as estimated to be approxamately $122,220 ) 17 Consider adoptmn of an ordanance accepting competmve bids and awarding a contract for the anstallatlon of playground eqmpment, providing for the expenditure of funds therefore, and provadlng an effectave date (Bid #2516A & B Playground Equipment Installatmn (a) Fred Moore Park, (b) Phoenix Park - Playground Spacmhsts, Inc - $28,157 20) 18 Consader adoption of an ordinance approving a real estate contract between the City of Denton and Mary Ann McDuff relatang to the purchase of a tract prevmusly conveyed from Dmk G McDuff by Spemal Warranty Deed recorded in Volume 4054, Page 0474, City of Denton C~ty Council Agenda June 20, 2000 Page 4 of the Real Property Records of Denton, County, Texas, for Flood Mitigation Assistance Project Grant, Texas Water Development Board No 99-011-027, anthonzmg the expenditure of funds therefore, and providing an effective date 19 Consider adoption of an ordinance repealmg and replacmg Ordinance No 98-213 of the C~ty of Denton, Texas, establishing fees to be charged for emergency ambulance services and standby emergency ambulance services in the C~ty as prowded for in Sec 27-102 of Article IV of Chapter 27 "Vehicles for Hire" of the Code of Ordinances of the City of Denton, Texas, repeahng all ordinances in conflict herewith, provl&ng a severabfllty clause, and providing for an effective date 20 Consider adoption of an ordinance of the City of Denton, Texas authorizing the C~ty Manager to execute a professional services agreement between the C~ty of Denton and Deloitte and Touche, L L P for independent audits, authorizing the expenditure of funds, and providing an effective date (RFSP #2481 - audit servmes awarded to Deloitte and Touche, L L P in the not to exceed amount of $50,000 for 2000, $62,750 for 2001 and $65,900 for 2002 Fees for 2003 and 2004 will be based upon the Consumer Price Index for the Dallas Metroplex) PUBLIC HEARINGS 21 Hold a public heanng and consider approving a Detmled Plan for approximately 253 acres in the Planned Development 170 (PD-170), Planned Development 172 (PD-172), and Planned Development 176 (PD-176) zoning districts The property is generally located southeast of the intersection of Robinson Road and Teasley Lane (FM 2181) The intent is to develop a single-family residential sub&vision of approximately 850 lots The Planning and Zomng Commission recommends approval (3-2) with conditions (Z- 99-104) 22 Hold a public heanng and consider approval of a Zomng Plan for 36 67 acres between Loop 288 and Mayhfll Road south of Audra Road The property is currently located in a one-family dwelling (SF-10) zoning district The intent is to develop a 124-1ot single- family resldentml subdivision The Planning and Zoning Commission recommends denial (4-1) (ZP-00-004) 23 Hold a public heanng and consider approving a Zomng Plan for approximately 60 acres at the northwest comer of Stuart Road and Loop 288 The property is currently zoned Agricultural (A) The intent is to develop a single-family residential subd~mslon The Planning and Zoning Commission recommends approval (5-0) w~th con&tions (ZP-00- 001) 24 Hold a public heanng and consider a Specific Use Permit (SLIP) for approximately 40 acres m an Agricultural (A) zoning d~stnct The property is located west of Stuart Road north of Loop 288 The intent is to develop a 206-1ot manufactured home community The Planning and Zomng Commission recommends approval (3-2) with conditions (Z- 00-006) City of Denton Clty Council Agenda June 20, 2000 Page 5 25 Hold a public heanng and consider approving a Detailed Plan and Non-residential Project Plan for the Planned Development - 5 (PD-5) zomng district The 1 19 acre property ~s located at the southeast comer of the intersection of University Drive and Bonme Brae Street A commercial development is proposed The Planning and Zoning Commission recommends approval of the PD Detmled Plan (4-1) w~th conditions (Z-00-002 & SP- 00-002, Kwik Kar Wash / Dry Clean Super Center) 26 Hold a plthllc heanng and consider creating a defimt~on for and assigning a zomng classification to ear rental establishments Car rental establishments are a use not currently listed within the City of Denton's Zoning Ordinance The Planning and Zomng Commission recommends that car rental estabhshments be allowed m General Retail (GR) zomng districts (5-0) wah eondmons (SI-00-008) ITEMS FOR INDIVIDUAL CONSIDERATION 27 Consider adopting an ordinance to annex approximately 254 acres generally located west of Sherman Dr approximately 3,600' north of Loop 288 in the extratemtonal jurisdiction of the City of Denton, Texas, to approve a service plan for the annexed property, to prowde a severabfllty clause and to prowde for an effective date First reading of ordinance (A-99) 28 Consider adoption of an ordinance authorizing the C~ty Manager or his designee to execute an lnterlocal agreement for mass transportation w~th~n the City of Denton between the City of Denton and SPAN Inc, and prowdlng an effective date 29 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a pipeline crossing agreement with the Union Pacific Railroad Company for a water pipeline at Mile Post 724 10, Choctaw Subdiv~s~on, C~ty of Denton, Denton County Texas, anthonzmg the expenditure of funds therefore, and prowd~ng an effective date 30 Consider adoption of an ordinance authonmng the City Manager or his designee to execute a plpehne crossing agreement with the Umon Pacific Rmlroad Company for a water pipeline at Mile Post 721 170, Choctaw Subdivision, C~ty of Denton, Denton County, Texas, anthonmng the expenditure of funds therefore, and providing an effective date 31 Consider adoption of an ordinance authorizing the Clty Manager to enter ~nto a lease agreement between the City of Denton, Texas and Sue Burt, authorizing the expenditure of funds, and providing for an effective date 32 Consider approval of a resolution of the City Council of the C~ty of Denton, Texas urging the Umted States Senate to approve the Conservation and Rexnvestment Act, which includes over $236 mflhon per year m funding for conservation programs m the State of Texas 33 Consider adoption of an ordinance approving an mrport lease agreement for a commerctal operator between the City of Denton and KPD, Inc, and providing an effective date City of Denton City Council Agenda June 20, 2000 Page 6 34 Consider adoption of an ordinance authorizing the City Manager to execute a release of lien releasmg note and deed of trust liens on approximately 434 acres of property as a result of the satisfaction of the conditions set forth in the note and memorandum of understandmg for the International Isotopes, Inc/North Texas Research Center Project, and provldmg an effective date 35 Consider adoption of an ordinance authorizing the Mayor or City Manager to enter into a Master Agreement Governing Local Transportation Project Advance Funding with the State of Texas, acting by and through the Texas Department of Transportation, and providing an effective date 36 Consider adoption of an ordinance of the City of Denton, Texas, denying TXU Electne's request to close, modify or delete certain retail tariffs pursuant to Substantive Rule 25,241 requesting revisions to vinous retml rates of TXU for sale of electric service to its customers in the City of Denton, Texas, ordaimng other provisions related to the subject matter hereof, and providing for an effective date 37 Consider approval of a resolution eancehng the regular City Council meeting of July 4, 2000 and July 18, 2000 and the City Council Work Session of July Il, 2000, and prowdlng an effective date 38 Consider approval of a resolution nominating a member of the Board of Managers of the Danco Area 9-1-1 District, and deelanng an effective date 39 Consider approval of a resolutmn appointing a member to the Board of Directors of the Texas Mumclpal Power Agency, and declanng an effective date 40 Consider nominations/appointments to City Boards and Commissions 41 New Busmess This item provides a section for Council Members to suggest Items for future agendas 42 Items from the City Manager A Notification of upcoming meetings and/or conferences B Clarification of items on the agenda 43 Possible continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 44 Official Action on Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act City of Denton City Cotmcfl Agenda June 20, 2000 Page 7 CERTIFICATE I certify that the above notme of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of ,2000 at o'clock (am)(pm) CITY SECRETARY NOTE THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE 1N ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING EVIPAIRED 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 No, ~..~--~- Agenda, It, em~ AGENDA INFORMATION SHEET Date_ AGENDA DATE' June 20, 2000 DEPARTMENT: City Manager's Office CM: Michael W Jez, C~ty Manager, 349-8307 SUBJECT Consider a request for an Exception to the No~se Ordinance for an outdoor concert at North Texas Fmrgrounds on September 22, 2000 until M~dmght BACKGROUND Mr Robyn R~vers of Glenn Smith Presents, Inc ~s requesting an exception to the no~se ordinance for an outdoor concert featuring Robert Earl Kccn and Charhe Roblson at the North Texas State Fmrgrounds on September 22 The orgamzation ~s requesting an exception to the no~se ordinance untd M~dmght The doors for the concert will open at 7 00 p m w~th concert beginning at 8 00 p m and ending at 11 00 pm As you know, the nmsc ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance, parttcularly after 10 00 p m Monday through Saturday and anytime on Sunday (Attachment 2) The ordinance does, however, provide that the C~ty Council may make exceptions when the public ~ntarest is served The organizers have been reformed that should Council approve this request, responsible use of the amplified sound ~s still required by Section 20-1 of thc City of Denton Code of Ordinances In particular, Section 20-1(a) states It shall be unlawful for any person to make or cause any unreasonably loud, d~sturbmg, unnecessary noise whtch causes or may cause material distress, discomfort or injury to persons of ordinary sens~bthtles m the ~mmedmte vtcmity thereof PRIOR ACTION/REVIEW (Council, Boards, Commissions) None Outdoor Concert June 20, 2000 Page 2 FISCAL INFORMATION None Respectfully subm,~tted D~rector, Management and Pubhc Informat~on Prepared by ~tchell Management Assistant Attachments 1 Request from Robyn Ravers, Glenn Productions, Inc 2 Map 3 Nmse ordinance .~PRESENTS INC. May 15, 2000 Mr Rodney M~tchell C~ty Secretary's Office C~ty of Denton 215 E McKinney Denton, TX 76201 Dear Mr Mitchell, I am requesting a variance from the noise ordinance (Sec 20-1 a c ) for the following event DATE Friday, September 22, 2000 LOCATION North Texas State Fair Rodeo Arena EVENT outdoor concert ARTIST(s) Robert Earl Keen and Charhe Robeson TIMES doors at 7pm, show starts at 8pm, show ends at 11pm We w~ll attempt to keep the music to an acceptable no~se level to accommodate all ~nterested part~es I understand that you w~ll bring thru before the C~ty Council for approval ~f you need any addff~onal ~nformat~on, please feel free to call me Best Regards, cc Ken Burdock, Executive D~rector North Texas State Fair and Rodeo 2321 W R [,ARSON ROAD SAN ANTONIO, TEXAS 78261 (830) 438 3800 FAX (830) 438-3850 3 Chapter 20 NUISANCES* Art I In General, §§ 20.1--20.30 Art Il Abandoned Property, §§ 20-31--20-70 Dlv 1 Generally, §5 20-31--20-40 Dlv 2 Motor Vehicles, §5 20-41--20-70 Art III. Grass and Weeds, §§ 20.71--20-73 ARTICLE I IN GENERAL Sec. 20-1. Noise. (a) It shall be unlawful for any person to make or cause any unreasonably loud, disturbing, unnecessary noise winch causes or may cause material distress, discomfort or m~ury to persons of ordinary sensibditms In the immediate v~clmty thereof (b) It shall be unlawful for any person to make or cause any nome of such character, intensity and continued duration as to substantially interfere with the comfortable enjoyment of pnvato homes by persons of ordinary sensibilities (c) The following acts, among others, are declared to be nome nmsances m violation of thru Code, but such enumeration shall not be deemed to be exclusive (1) The playing of any phonograph, television, radio or any musical ~nstrument m such manner or w~th such volume, particularly between the hours of 10 00 p m and 7 00 a m, as to annoy or d~sturb the quiet, comfort or repose of persons of ordinary sensibilities in any dwelling, hotel or other type or residence, (2) The use of any stationary loudspeaker, amphfier or musical instrument in such manner or with such volume as to annoy or disturb persons of ordinary sens~bfl~ties in the imme&ate vic~mty thereof, particularly between the hours of 10 00 p m and 7 00 a m, or the operation of such loudspeaker, amplifier or musical instrument at any time on Sunday, provided, however, that the city council may make exceptions upon application when the pubhc interest will be served thereby, (3) The blowing of any steam winstle attached to any statmnary boder or the bl°wmg °f any other loud or far-reacinng steam whistle within the c~ty hmits, except to g~ve not~ce of the t~me to beg~n or stop work or as a warning of danger, (4) The erectmn, excavatmn, demohtlOn, alteration, or repmr work on any budding at anytime other than between the hours of 6 00 a m and 8 30 p m Monday through Friday from June 1 to September 30, between 7 00 a m and 8 30 p m Monday through Friday from October 1 to May 31, between 800 am and 830 pm on *Cross references--Protected migratory bird roosts declared nuisance, § 6-87, lnspec- tlon and abatement warrants, § 19-86 et seq, insect and rodent control in mobile home and recreatmnal vehicle parks, § 32-91 Supp No 6 1389 §20-1 DENTON CODE Saturday, and between ! 00 p m and 8 30 p m on Sunday, provided, however that the city council may issue special permits for such work at other hours In case of urgent necessity and in the interest of public safety and convemence (5) The creation of any loud and excessive noise in connection w~th the loading or unloading of any vehicle or the opening or destructwn of bales, boxes, crates or (8) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by tho creation of no~ses to any psrformancs, show, theatre, motion picture house, sale of merchandise or d~splay which causes crowds or people to block or congregate upon the sidewalks or streets near or adjacent thereto (Code 1966, §§ 14-20, 14-21; Ord No 95-184, § 1, 9-12-95) Crosa reference--Animal noise, § 6-28 Agenda No ~- AGENDA INFO~TION SHEET AGENDA DATE: June 20, 2000 DEP~TMENT: Fiscal & Municipal Se~ice~x ACM Kathy DuBo~e~ A~l~t~nt Cl~ M~aager of F~cal and Municipal Se~me~ SUB.CT Consider approv~ ora t~ r~d to J~s Lo~ Th~ 1999 t~ was owned, r~sult~ng ~n ~ ov~a~t BACKGROUND Chapter 31 11 of~ T~xas Prop~ T~ Cod~ r~qmr~s ~e approval of~ gowning body ofth~ t~mg umt for r~ds,~n ~xc~ss of $~00 00 Th~ 1999 t~ for J~s Lott w~ ov~a~d A ch~ck ~n ~ ~o~t of $~4 09 w~ m~wd on 12/21/99, how~v~ th~ 1999 t~ was only $23 ~5, r~sult~n~ m ~ ow~a~nt of $530 54 All docmen~t~on necess~ for re~d lS a~ach~ ~SC~ INFO~TION. ~e t~ ove~a~ent revenue ~d would be reduced by $530 54 Respectfully submitted Director of Fiscal Operations Prepared by Carolene Folse Revenue & Tax Analyst APPLICATI~)N FOR TAX I name CITY OF DENTON TAX OFFICE CITY OF DENTON E HICKORY SUITE F DENTON, TX 76205 349-8318 apply for a tax refund, t Step 1 JAMES LOTT Present Mailing Address (number and street) Owner's name 1907 LO~KSLEY LN C~ty, town or post office, state, ZiP code Phone (area code and number) and address DENTON, TX 76201-1321 Step 2 Legal description (or affach copy of the tax bill or tax receipt) Describe A0623A A HILL, TRACT 137, ACRES 0 25, OLD DCAD TR 89 the property Address or location of property N/A Account number of property Tax receipt number OR 9905080013 O357211 Name of Taxing Year Date Amount Amount Unit From Which For Which Refund Of The Of Of Tax Refund Refund Is Required Is Requested Tax Payment Taxes Paid Requested ~tep 3 City of Denton 1999 12/21/99 $ 554 09 $ 530 54 $1ve the tax 3ayment ~nformat~on Taxpayer's reason for refund ( attach supporting documentation) '1999 taxes were paid twice *1 hereby apply for the refund of the above-described taxes and certify that the ~nformabon I have g~ven on I this f~rm is true and correct to the best of my knowledge and belief * Step 4 31gnature ., /r~ ..... .; ~;~:~~ iL)ate ot application tor tax retuncl Any person who makes a false entry upon the foregoing record shall be subject to one of the follow;ng penalbes 1 Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both such fine and imprisonment, 2 Confinement m jail for a term up to 1 year or a fine to exceed $2,000 or both such set forth ~n Section 37 10, Penal Code 2 Date~~.~._ AGENDA INFORMATION SHEET AGENDA DATE: June 20, 2000 DE?ARTMENT: Fiscal & Municipal Services/Tax ACM: Kathy DuBose, Assistant City Manager of Fiscal and Municipal Services ~ SUBJECT. Consider approval of a tax refund to Ehzabeth Barnck The 1999 tax was paid twine, rasultmg in an overpayment BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing umt for refunds m excess of $500 00 The 1999 tax for Ehzabeth Bamck was prod twine Two separate checks were received 2/22/00 and on 3/27/00, resulting m an overpayment of $591 86 All documentation necessary for refund is attached FISCAL INFORMATION: The tax overpayment revenue fund would be reduced by $591 86 Respectfully submitted D~rector of Fiscal Operations Prepared by Carolene Folse Revenue & Tax Analyst APPLICATION FOR TAX REFUND Collecting office name ~ Collecting tax i'or (taxing units) CITY OF DENTON TAX OPFICE CITY OF DENTON Present mailing address (number and street) 601 E HICKORY SUITE F City, town or post office, state, ZIP code Phone (area code and number) DENTONr TX 76205 {940) 349-8318 ITo apply for a tax refuUn~ dn,etr,h; tJ;mPeayer must complete the following Step 1 ELIZABETH A BARRICK Present Mailing Address (number and street) Owner's name 1511 BROOK VALLEY CT City, town or post office, state, ZIP code Phone (area code and number) and address DALLAS TEXAS 75232-1507 Stap 2 Legal description (or attach copy of the tax bdl or tax receipt) Describe WINDSOR PARK~ BLOCK 6r LOT 6 the property Address or location of property 2528 ROCKWOOD LN Account number of property Tax receipt number 029516 OR 9906300041 Name of Taxing Year Date Amount Amount Unit From Whmh For Which Refund Of The Of Of Tax Refund Refund ~e Required Is Requested Tax Payment Taxes Pa~d Requested Step 3 1 City of Denton 1999 2/22/00 $ 581 00 Give the tax payment ~nformabon ~'5 Taxpayer's reason for refund ( attach supporting documentabon) *f999 tax was paid In full on 2122100~ then another cheok was received on 3130/00~ resulting In an overpayment ~ *1 hereby apply for the refund of the above-described taxes and cerbfy that the ~nformat~on I have g~ven on ~Step 4 this fo~'m is true and correct to the bestpf my knowledge and belief * I ~lgnature~' .~' /~' Date ot application tor tax retun(~ ISIgn the form s,gn .~k I \ Any person who makes a false entry upon the foregoing record shall be subject to one of the ~llowing penalbes I ~ I Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both I I such fine and imprisonment, 2 Confinement ~n jail for a term up to 1 year or a fine to exceed $2,000 or both such ! fine and Imprisonment as set forth in Section 37 10, Penal Code 2 Agenda No ~ Agenda Item_ ff AGENDA INFORMATION SHEET AGENDA DATE' June 20, 2000 DEPARTMENT: Fiscal & Municipal Services~ax ACM: Kathy DuBose, Assistant City Manager of Fiscal and Municipal Services~ SUBJECT Consider approval of a tax refund to PNC Leasing Corp The 1999 assessed value was lowered per Denton Central Appraisal District, resultang m an overpayment BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500 00 The 1999 assessed value was lowered for PNC Leasing on Supplement #8 from Denton Central Apprmsal District, resulting in an overpayment of $543 38 All documentation necessary for refund is attached FISCAL INFORMATION: The tax overpayment revenue fund would be reduced by $543 38 Respectfully submitted Director of Fiscal Operations Prepared by Carolene Folse Revenue & Tax Analyst AGENDA INFORMATION SHEET Date~'- AGENDA DATE: June 20, 2000 Questmns conce~ng ~s acqmsmon ~y be d~cted DEP~T~NT: Maten~s M~gement to Je~ Cl~k 349-8390 SUBJECT: An Ordinance accepting competmve b~ds and awarchng a public works contract for thc constmctmn of Duncan, Massey, Cleveland, Colhns Drainage, prowchng for the expenditure of funds therefore, and prowdmg an effective date (Bid 2512 - Duncan, Massey, Cleveland, Colhns Dratnage awarded to D B R ConstmcUon m the amount of $567,399 70) BID INFORblATION: This b~d is for multxple clramage ~mprovements, along Duncan, Massey, Cleveland and Collins streets Th~s project includes removal and reconstmctmn of storm sewers on Duncan Drive from Willow Spnngs to Smxth, removal and replacement of a box culvert on Massey Street, and removal and reconstmctmn of storm sewer on Cleveland Street from Eagle to Colhns Also xncluded as Alternate 1 ~s a concrete pilot channel assomated w~th the Massey Street box culvert replacement RECOMMENDATION: We recommend th~s b~d be awarded to the lowest bidder, D B R Constmctmn m the amount of $567,399 70 including Alternate 1 PRINCIPAL PLACE OF BUSINESS: D B R Constmctmn Denton, TX PRIOR ACTION/APPROVAL: The Pubhc Utility Board rewewed th~s project on June 19, 2000 and recommends approval ESTIMATED SCHEDULE OF PROJECT: Th~s drainage project ~s scheduled for completion ~n the last week of September 2000 Agenda Information Sheet June 20, 2000 Page 2 FISCAL iNFORMATION Funding for this project ~s avmlable from Drainage Improvements accounts · 461-020-DRAN-9818-9108 · 690-086-RB00-D909-9108 · 461-020-DRAN-9814-9108 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1399 AGENDA ATTACHMENT 1 TABULATION SHEET B~d # 2512 Date 6/1/00 Duncan, Massey, Clevelandm Colhns Drainage ,N~,I ~, ~ ........ IEECRIrp.~!ON .... VENDOR VENDOR VENDOR VENDOR ,~ % ~'~°,~ - ," D B R Jagoe Pubhc Bowles ~ ¥~ ~ ...... Construction Company Construcbon ~ ~¢~.~ ~ ~ ~%~ ~: EaCh Budders Principal Place of Bus~ness Denton Denton Wich~ta Falls Decatur Duncan $135,420 45 $100,408 00 $177,168 00 $178,845 00 Massey $53,859 30 $72,153 20 $84,421 00 $87,940 00 Cleveland I Colhns $356,293 85 $417,070 00 $431,605 00 $442,431 00 Alternate ~ - Massey $21,826 10 $26,242 20 $16,591 25 $16,025 72 To~l Bid Award $567,399 70 $615,873 40 $709,785 25 $725,241 72 B~d Bond YES YES YES YES ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF DUNCAN, MASSEY, CLEVELAND, COLLINS DRAINAGE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2512 - DUNCAN, MASSEY, CLEVELAND, COLLINS DRAINAGE AWARDED TO D B R CONSTRUCTION IN THE AMOUNT OF $567,399 70) WHEREAS, the C~ty has sohc~ted, received and tabulated competitive Nds for the construction of pubhc works or ~mprovemems ~n accordance wtth the procedures of STATE law and C~ty ordinances, and, WHEREAS, the C~ty Manager or a demgnated employee has received and recommended that the hereto described Nds are the lowest responsible bids for the construction of the pubhc works or improvements described in the Nd mwtat~on, Nd proposals and plans and spemficat~ons thereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive Nds for the construction of public works or improvements, as described xn the "B~d Inwtattons", "B~d Proposals" or plans and specifications on file m the Office of the C~ty's Purchasing Agem filed according to the Nd number assigned hereto, are hereby accepted and approved as being the lowest responsible Nds BID NUMBER CONTRACTOR AMOUNT 2512 D B R Construction $567,399 70 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the C~ty and the person submitting the Nd for construction of such pubhc works or ~mprovements hereto accepted and approved, tmtfl such person shall comply w~th all reqmrements spemfied m the Not,ce to B~dders including the t~mely execution ora written contract and furmshlng of performance and payment bonds, and insurance certfficate after notfficat~on of the award of the b~d SECTION III That the C~ty Manager ~s hereby authorized to execute all necessary written contracts for the performance of the construction of the pubhc works or ~mprovements in accordance w~th the Nds accepted and approved here~n, prowded that such contracts are made ~n accordance w~th the Notme to B~dders and B~d Proposals, and documents relating thereto spemfymg the terms, conditions, plans and specfficat~ons, standards, quantities and specffied sums contmned thereto SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved b~ds and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED this the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY BID 2512 - CONTRACTUAL ORDINANCE 6-2000 Date~-- AGENDA DATE: J~e 20, 2000 Quesuons conce~g ~s acqmsmon may be ~rected DEP~TMENT: Maten~s M~agement to Tom Shaw 349-7100 ACM' Ka~y DuBose, F~se~ ~d M~m~pal Settees ~ ~ SUBJECT: An Ordinance accepting competitive bids and awarding an annual contract for the supply of wood mlllty poles, and provlchng for the expenditure of funds therefore, and providing an effective date (Bid 2506 - Wood Utility Poles awarded to Cummins Utility Supply) BID INFORMATION: Tlus bid is for the annual supply of wood utility poles utihzed by the Electric Dlsmbution D~v]sxon m the maintenance and new construction of the overhead &smbution system Poles are ordered as needed m truckload quantities and stored in Warehouse stock unttl placed m semce RECOMMENDATION. We recommend award to the lowest overall bidder, Cummins Utility Supply as hsted Description Est Qty Cummins 10 foot class 4 6 $108 ~5 foot class 3 6 $182 10 foot olass 3 6 $202 15 foot olass 3 25 $235 t5 foot olass 2 25 $256 15 foot 91ass I 20 $282 15 foot 01ass HI I $.t36 50 foot olass I 5 $341 50 foot class HI I $395 50 foot ~lass H2 I $450 55 foot 91ass I 1 $450 55 foot ~las$ HI 5 $505 55 foot cllas$ H2 I $527 S0 foot ~lass I I $527 50 foot Glass HI I $623 55 foot ~lass I I $894 55 foot olass HI I $949 55 foot olass H2 I $1,000 70 foot olass I I $1,132 70 foot ~las$ HI 1 $1,242 70 foot ~lass H2 I $1,351 75 foot {tlass I I $1,351 75 foot Glass HI I $1,466 75 foot ~lass 1-12 I $1,654 Agendalnformatlon Sheet June 20, 2000 Page 2 RECOMMENDATION (CONTINUED) Award ~s based on a calculation utlhzlng two years historical usage multiplied by the b~d price per pole We recommend award to a single supplier so we can mix sizes to order poles ~n the most economm quantmes PRIOR ACTION/REVIEW. The Public Utility Board considered th~s annual contract on June 19, 2000 and recommend approval PRINCIPAL PLACE OF BUSINESS: Cummins Utility Supply Ft Worth, TX ESTIMATED SCttEDULE OF PROJECT Truckload quantmes of various length and class of poles can be sh~pped w~thm two weeks of receipt of an order FISCAL INFORMATION Poles will be purchased from Working Capital Inventory account (710-043-0582-8701) and charged to appropriate accounts as utilized Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1395 AGI NDA ATTACHMENT1 TABULATIONSHEET Bid #2506 Annual Agreement for Purchase ofWood Utility Poles 30 foot class 4 $146 $108 $120 $108 35 foot class 3 $211 $182 $178 $153 40 foot class 3 $264 $202 $245 $200 45 foot class 3 $313 $235 $280 $233 45 foot class 2 $357 $256 $324 $261 45 foot class 1 $408 $282 $393 $300 45 foot class H1 $463 $336 $451 $395 50 foot class 1 $480 $341 $466 $355 50 foot class H1 $540 $395 $501 $435 50 foot class H2 $704 $450 $563 $512 55 foot class I $608 $450 $640 $402 55 foot class H1 $721 $505 $605 $603 55 foot class H2 $988 $527 $669 $690 60 foot class 1 $705 $527 $658 $528 60 foot class H1 $1,012 $623 $721 $721 65 foot class 1 $929 $894 $782 $774 65 foot class H1 $1,214 $949 $891 $995 65 foot class H2 $1,432 $1,000 $1,045 $1,176 70 foot class 1 $1,082 $1,132 $1,001 $1,230 70 foot class H1 $1,195 $1,242 $1,122 $1,248 70 foot class H2 $1,199 $1,351 $1,316 $1,335 75 foot class 1 $1,236 $1,351 $1,119 $1,400 75 foot class H1 $1,642 $1,466 $1,249 $1,432 75 foot class H2 $1,678 $1,654 $1,462 $1,508 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF WOOD UTILITY POLES, AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2506 - WOOD UTILITY POLES AWARDED TO CUMMINS UTILITY SUPPLY) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supphes or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM NUMBER NO VENDOR AMOUNT 2506 ALL Cummins Utility Supply Exhibit "A" SECTION II That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contmned in the Bid Invitations, Bid Proposals, and related documents SECTION III That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered ttems of the submitted btds, the City Counctl hereby authorizes the expenditure of funds therefor tn the amount and tn accordance wtth the approved b~ds or pursuant to a written contract made pursuant thereto as authortzed heretn SECTION V That thts ordinance shall become effective tmmedtately upon ItS passage and approval PASSED AND APPROVED this day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY SUPPLY ORDINANCE 2000 - BID 2506 EXHIBIT "A" BID 2506 - WOOD UTILITY POLES 30 foot class 4 $108 35 foot class 3 $182 40 foot class 3 $202 45 foot class 3 $235 45 foot class 2 $256 45 foot class 1 $282 45 foot class H1 $336 50 foot class 1 $341 50 foot class H1 $395 50 foot class H2 $450 55 foot class 1 $450 55 foot class H1 $505 55 foot class H2 $527 60 foot class 1 $527 60 foot class H1 $623 65 foot class I $894 65 foot class H1 $949 65 foot class H2 $1,000 70 foot class 1 $1,132 70 foot class H1 $1,242 70 foot class H2 $1,351 75 foot class 1 $1,351 75 foot class H1 $1,466 75 foot class H2 $1,654 AGENDA INFORMATION SHEET AGENDA DATE: June 20, 2000 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Tom Shaw 349-7100 ACM: Kathy DuBose, Fiscal and Mumcipal Services SUBJECT: An Ordinance accepting competit~ve bids and awarding an annual contract for the purchase of Denton Municipal Utility Envelopes, providing for the expenditure of funds therefore, and providing an effective date (Bid 2511 - Denton Mumclpal Utility Envelopes awarded to Precept, Inc in the estimated amount of $18,877 50) BID INFORMATION: This bid is for the annual supply of Utthty Billing and Ream Envelopes Item 1 is a #10 (9 ~ x 4 1/8) window envelope for mmhng utthty bills Item #2 is a return envelope (8 $/8" x 3 %) w~thout w~ndow for return of payment The envelopes are pre-pnnted w~th return addresses and bar coding for bulk marling postage discounts RECOMMENDATION' We recommend this bid be awarded to the lowest responsible bidder, Precept, Inc as listed below Item 1 Mmhng Envelope $13 90 per/m Item 2 Return Envelope $11 27 per/m PRINCIPAL PLACE OF BUSINESS: Precept, Inc Arhngton, TX ESTIM4TED SCHEDULE OF PROJECT' These envelopes will be ordered in lots of 250,000 and can be delivered in 15 days from receipt of an order FISCAL, INFORMATION. Utility bllhng envelopes are purchased as Working Capital Inventory account (710-043-0582- 8710) and charged to the Customer Service D~vision as utthzed Agenda Information Sheet June 20, 2000 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulatton Sheet 1396 AGENDA ATTACHMENT 1 TABULATION SHEET # 2511 Date 5-23-00 DENTON MUNICIPAL UTILITY ENVELOPES i~[ Q~L DE$CRI,,~.~?N ENJDO VENDOR VENDOR VENDOR VENDOR ENDO VENDOR VENDOR' VENDOR FJ CLC Herr Coopers ~ Ashby Alphagraphm Business Copies ~ ~ Precept Compudata Tension Business Business Prlntlng~ ' < Inc Envelopes Forms Products Forms Pnnclple Place of Business Arhngton Dallas Ft Worth Denton Denton Dallas Denton Denton Denton DENTON MUNICIPAL ENVELOPE, # 10 750 000 WITH WINDOW $13 90 $16 13 $16 20 $15 77 $18 81 $14 85 $34 14 $18 29 $19 40 EA (9 1/2" BY4 1/8") AS PER SAMPLE '1 PROVIDED RETURN ENVELOPE (8 5/8" BY 3 3/4") 750 000 WITH OUT $11 27 $14 02 $14 80 $13 43 $17 85 $12 77 $38 03 $14 75 $18 99 EA WINDOW AS PER SAMPLE 2 PROVIDED delivery 15 days 15 days 30 days 12 days 30 days 5 days 7-10 days 7 days ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF DENTON MUNICIPAL UTILITY ENVELOPES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2511 - DENTON MUNICIPAL UTILITY ENVELOPES AWARDED TO PRECEPT, INC IN THE ESTIMATED AMOUNT OF $18,877 50) WHEREAS, the City has sohclted, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services ~n accordance vath the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or servxces as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered Items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file In the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM NUMBER. NO VENDOR AMOUNT 251 t 1 Precept, Inc $13 90 per/m 2511 2 Precept, Inc $I 1 27 per/m SECTION II That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained In the Bid Invitations, Bid Proposals, and related documents SECTION III That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is In accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered ~tems of the submitted b~ds, the C~ty Council hereby authorizes the expenditure of funds therefor m the amount and ~n accordance w~th the approved bids or pursuant to a written contract made pursuant thereto as authorized here~n SECTION V That this ordinance shall become effective ~mmedmtely upon tts passage and approval PASSED AND APPROVED this day of _, 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY SUPPLY ORDINANCE 2000- BID 2511 oontla OO-O& A0enda It0m AGENDA INFORMATION SHEET Date AGENDA DATE: June 20 2000 Questions concermng tins ' acqmsmon may be chrected DEPARTMENT: Materials Management to Ross Chadvock 348-8101 ACM. Kathy DuBose, Fiscal and Municipal Services ~J~ SUBJECT: An Ordinance accepting eompetmve b~ds and awarding an annual contract for the supply of Emergency Medical Supphes, prowchng for the expenditure of funds therefore, and prov~chng an effective date (Bid 2509 - EMS Supplies awarded as hsted m the esUmated total amount of $160,000) BID INFORMATION: Tlus bM ~s for the annual supply of emergency medical supphes uUhzed by the Emergency Medical Serwces Dlwslon of the F~re Department Quantmes are estimates and may vary throughout the contract period RECOMMENDATION: We recommend this bxd be awarded to the lowest responsible b~dder meeting specdicauon as hsted below · Bound Tree ALS Medical Products awarded ~tems 1-5, 11, 33-42, 44, 45, 61-64, 67, 71, 72, 88, 112, 113, 116, 118-121, 126, 135, 136, 140-145, 155, 158, 159, 163, 164, 173, 176, 177 · Emergency Methcal Products awarded ~tems 6-10, 12-31, 46-60, 65, 66, 68-70, 73-79, 86, 87, 92, 93, 97-99, 104-111,114, 117, 122-125, 127-133, 137-139, 146, 149-152, 154, 156,157, 160-162, 165, 166, 178-202 * EM S, Inc awarded ~tems 43,84, 85, 89-91,134, 172, 174, 175 · Moore Medical, Corp awarded ~tems 169, 170 Items 32, 80-83, 94-96, 100-103, 115, 147, 148, 153,167, 168, 171 -No Award, will purchase as needed PRINCIPAL PLACE OF BUSINESS (See attached tabulation sheet) Agenda Information Sheet June 20, 2000 Page 2 ESTIMATED SCHEDULE OF PROJECT Thts ts an annual price agreement renewable for addttlonal one-year periods Items quoted can be dehvered m 3-30 days after reeetpt of an order FISCAL INFORMATION These supphes wtll be ordered on an as needed basts and funded from the appropriate fiscal budget account Respectfully submttted Tom Shaw, C P M", 949 7100 Purchasmg Agent Attachment 1 Tabulation Sheet 1397 AGENDA o o o o o ~ c ~ 0 ~ ~ ~0 0 0 c~ 3333 ~ m3C ~ ~ o o ~ ~ om o oooo o ~ o o ~ 0 0 ~mm m ~ < oo ~o.o~oo~ooooo[~?1 ~ oo o~o~oooooooooo1/~I ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF EMERGENCY MEDICAL SUPPLIES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2509 - EMS SUPPLIES AWARDED AS LISTED IN THE ESTIMATED TOTAL AMOUNT OF $160,000) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services ~n accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has rewewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown m the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided m the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herren, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items m the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such ttems BID VENDOR AMOUNT 2509 Bound Tree ALS Medical Products Exhibit "A" 2509 Emergency Medical Products Exhibit "A" 2509 E M S, Inc Exhibit "A" 2509 Moore Medical Exhibit "A" SECTION II That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents SECTION III That should the City and persons submitting approved and accepted items and of the submitted bids w~sh to enter into a formal written agreement as a result of the acceptance, approval, and awarthng of the bids, the City Manager or his designated representative ~s hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained m the Bid Proposal and related documents here~n approved and accepted SECTION IV That by the acceptance and approval of the above numbered ttems of the submttted bids, the City Council hereby authorizes the expenditure of funds therefor tn the amount and tn accordance with the approved btds or pursuant to a written contract made pursuant thereto as authorized hercm SECTION V That thts ordinance shall become effecttve immedtately upon tts passage and approval PASSED AND APPROVED thts day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY SUPPLY ORDINANCE 2000 - BID 2509 EXHIBIT "A" BID # 2509 EMS SUPPLIES ::No~ Q ~C~(P¥1ON VENDOR VENDOR VENDOR VENDOR ~ ~ ~ %~ < < ~%; Eme~ency BoundtreeALS *~ ~ <~ ~,~ ~z~ ~ MooreMedlcal ~" ~ ~<~ ~<~ ~ >~ ~ ~ ~ ~g~ E M S Medical Medical ~ ~-~ .... ~ .... ~ ~ ~ ~ Corp Sheppardswlle, ~ New Bn~a~n CT Waukesha WI Tempm ~ Pnnc~pal Place of Bus~ness AIRWAY & OXYGEN 1 50 Oropharyngeal A~rways 40mm $ 0 28 2 50 60mm $ 0 28 3 150 80mm $ 0 28 4 150 90mm $ 0 28 5 100 lOOmm $ 0 28 6 50 Nasopharyngeal Airways 20 Fr $ 1 56 7 50 24 Fr $ 1 56 8 50 28 Fr $ I 56 9 50 30 Fr $ 1 56 10 50 Comb~tube Endotracheal Tu~/ $ 1 56 11 40 stylettes $ 35 64 12 50 2 5mm uncuffed $ 2 84 13 50 30mm uncuffed $ 2 84 14 50 40mm uncuffed $ 2 84 15 50 50mm uncuffed $ 2 84 16 60 60mm cuffed $ 3 16 17 150 70mm cuffed $ 3 16 18 150 7 5mm cuffed $ 3 16 19 150 80mm cuffed $ 3 16 20 50 90mm cuffed $ 3 16 21 24 Magdl Forceps ( Adult ) $ 2 42 22 24 Magd[ Forceps (Pedl) $ 2 52 23 150 ET Tube Holder (Thomas) $ 2 98 Lar~nogosco~es & Blades 24 10 Handle stainless, C cell $ 10 53 Blades-DIsposal~Rusch, Lite Blade) 25 50 Macintosh (curved) ~ 2 $ 3 68 26 150 ~ 3 $ 3 68 27 lO0 ~ 4 $ 3 68 28 50 Mdler (straight) ~ 0 $ 3 68 29 50 ~ i $ 3 68 30 50 ~ 2 $ 3 68 31 150 ~3 $ 368 33 500 BVM (Capno FIo) Adult $ 20 32 34 100 Pediatric $ 21 79 35 100 Infant $ 24 78 36 12 Cncoth~rotomy Kit 6 0 $ 18 46 37 12 Chest Decompression Kit $ 10 18 EXHIBIT "A" BiD # 2500 EMS SUPPLIES :~'"[~'~ ~ r" ~r:"r ~i ~i~TipN VENDOR N I ~ ,, .,. "~ ...... ~ ..,,,,, VENDOR VENDOR VENDOR ~ ~ ¢~ ~ ,~, ~v ~ ~;~ Eme~ency toundtreeAkS ~ ~, ~ ~<~ ~, ~ ~, ~ ~ ~<~ Moore Medmal >~>~ ¢~* ~ ~e % ~, < -~ } ,~ ~¥ ~ ~ E M S Medmal Medical *~ ~<~ /< ~' ~ ~ ~ Produ~s Produ~s O2 MASKS 3~ ~500 Non ~ebreathe~, Adult $ 1 ~1 39 300 Pedmtnc $ ~ 29 40 ~00 Infan~ $ ~ 85 $ 3 34 41 500 Nasal Cannula $ 0 31 $ 0 38 42 500 Nebuhzer $ 0 72 $ I 33 43 12 A~rwa~ Ba~ blue, soft $ 78 50 44 12 Intubabons Case $ 12 71 $ 57 05 45 36 02 CThnder Wrench $ 4 68 $ 7 53 46 12 02 Regulator w/2 DISS Ports $ 119 96 SUCTION & EMESIS CONTROL 47 50 dozen Convemence Bags $ 9 42 48 20 Bulb STnnge, 2 5 oz $ 0 79 49 50 Suctmn Catheters 10 Fr $ 0 30 50 50 14 Fr $ 0 30 51 100 16 Fr $ 0 30 52 100 18 Fr $ 0 30 53 200 Yankauer T~p w/Tubing $ i 74 54 20 V Vac Cradle (starter k~t) $ 55 35 55 50 V Vac Replacement Canmster $ 9 70 56 100 Suctmn Canister, d~sposable $ 1 86 BANDAGING & SPLINTING 57 50 bx Tape 1" Transpore $ 10 42 58 50 bx ;Tape 2" Zonas $ 9 61 59 30 bx Band Aids, 1" $ 1 53 60 30 bx Band Aids, 2" $ 4 86 61 120 bx GaHze Sponges 4x4 12 ply, 2 pack $ 3 29 62 5 cs GaHze Sponges 4x4 12 ply, Tubs $ 95 38 63 48 Abdominal Pads $ 6 17 64 36 Mulb Trauma Dressing $ I 68 65 100 bx Sof Khng4" $ 847 66 80 bags Triangular Bandages $ 3 26 67 100 ETe Pads $ 0 16 68 24 Eye Shield, metal $ 0 63 69 52 Asherman Chest Seal $ 7 42 70 40 Vasehne Gauze $ 6 56 71 300 Cold Packs 72 96 Heat Packs $ i 75 73 1500 Head Bid II CID $ 3 58 C-COLLARS 74 100 Ped~atrm $ 4 48 75 100 Ba, b7 No Neck $ 4 48 EXHIBIT "A" BID # 2509 EMS SUPPLIES VENDOR VENDOR VENDOR VENDOR I Moore Med~ca Emergency Boundtree ALS ~< ~ ~ E M S Medical Medical ' ~ << ~ Corp ~,~ ,~, Products Products 700 qeck $ 4 48 300 $ 4 48 100 Jlar $ 4 48 50 Tall $ 4 48 10 Trac~ton S )ljnt Adult w/ankle h~tch $ 196 90 3.0 Tracbon Sphnt Ped~ w/ankle h~tch $ 196 90 10 Ankle H~tch replacment, Adult $ 25 75 10 Ankle H~tch 31acement Ped~ $ 25 75 10 KED $ 116 08 10 PEDI PAC $ 214 50 3 Stair Chair $ 551 69 4 ~ Stretcher $ 340 95 24 Backboards w/3 sets of straps $ 149 83 72 )lacement $ 7 11 150 1cc TB w/26G x 3/8" $ 905 200 3cc w/23G x 1" $ 0 58 150 5cc w/22G x I 1/2" $ 0 63 56 Tubex Holder $ 3 21 56 sct Holder $ 0 20 300 14G x 1 1/4" $ I 86 600 16G x I 1/4" $ I 86 1500 18G x 1/14" $ I 86 600 20G x 1 1/4" $ 1 86 150 22G x 1" $ I 86 100 24G x 3/4" $ I 86 50 19G Butterfly/Scalp Veto $ 0 39 EXHIBIT "A" BID # 2509 EMS SUPPLIES VENDOR VENDOR VENDOR VENDOR , = ~ Emergency ~ ' ~ ~ E M S Moore Medical Medical Medical ~; ~ I < < Corp Products Products 50 23G Butterfly/Scalp Vein $ 0 39 20 Intraosseous 16G $ 8 95 1000 uets, 1" x 3.8" penrose dra~n $ O 48 50 bx Veto Gard, IV dress~n8 $ 31 57 200 bx Alcohol preps $ I 69 300 Betadme Swabs 0 08 300 Nad Polish Remover $ 0 036 100 T,ncture of Benzoin Swabs $ 0 205 1500 1000mi $ 0 86 1000 500mi $ 0 87 1500 100" tubing I 62 1000 90" tubm~ $ 2 26 lectrodes SP O0 S lO/pack $ 2 17 Gloves 50 bx Medium, 100/box $ 5 48 600 bx Large, lO0/box $ 5 48 1000 bx Extra Large, lO0/box $ 5 48 50 bx Latex Free, Large, lO0/box $ 6 74 1200 N95 Mask, 20/box $ 14 40 200 Mask w/wsor $ 20 39 150 lasses) $ 1 89 $ 3 97 240 Gown 36 Coveralls $ 3 28 1000 Hazard Bags 7 10 gal $ 0 11 60 V~onex No R~nse Gel 4 fl oz bottle $ 2 14 36 Enwroc~de 24 oz, spray bottle $ 4 50 16 Enwroc~de I gal, refill bottle $ 11 70 300 Red Z Powder, 75 packet $ 0 68 24 Red Z Powder, 5oz shaker bottle $ 3 81 12 Red Z Powder, 15oz bottle $ 5 96 50 Bio Scoops $ 0 34 60 Alcohol, 16oz bottle $ 0 57 60 sn Peroxide, 16oz bottle $ 0 49 48 ', 1 $ i 29 EXHIBIT "A" BID # 2509 EMS SUPPLIES '~0~I' ,~/, I , '~ ..... ~, !~i~-!i~!~ ..... '.ii VE.DO. VE.OO. VE.OO. VE.OO. :~ ~g ~,~<~ ~ ~ ~1 EMS I _ Med~l Medmal J :~4%~ 4<g~$~ ~' ~ ~1 I r ProduMs Produ~s 149 25 Adult $ 97 92 150 7 ~ Chdd $ 124 32 I 151 I 7 [ Large Adult I I $ 21 91 152 7 Th~ h $ 41 05 154 40 Ste{hoscope ~ ~ $ 47 37 155 100 Blanket, yellow, d~sposable ~ [ $ 3 06 156 100 Pdlow, dmposable $ I 70 157 240 PeqhghtI $ ~ 2o 11581 150 IHol~ter, horizontal I I $ 288 i~1~oo [Trauma shears ]/ ~ 261 I~°1~ IR'n~cutter/ I ~ ~ /~z/ 5o I.u~.She.t~ I / ~ ~S2 /~/ ~ /s"verswadd~er / I ~ ~ / ~/ ~o I~°r~~"~ I / ~ s o~ / 165] 10 /Glu,cometer, Elite / / * 4903 166 1000 Glucometer, Strips, Ehte $ 34 15 ITh rm°meter I 170 1500 Thermometer Cover $ 0 03 172 4 Rol)~ng Stretcher Ferno 93EX $ 2,607 74 173 24 pmr Cot Straps Ferno 2 p~ece $ 12 47 I174~ 24pa,r Iwr,,stRestra,nts Ferno $ 2884 I 1751 30 ITr~uma Bag $ 59 50 I 176~ 7 IDrug Box $ 241 23 117712]DmasterCase,~ $28619 /~/ zoo /A~mo~C~p, ~ ~ ~ 179~ 100 ~Ad~nocard, 6mg/2ml $ 30 56 / 18°/ ~oo /Am,odarone HCL, 150m~ $ 88 23 /z8z/ so /Ase,r,n,~Zm~ $ ~ ~2 ~ 182~ 400 /At~opme, lmg/lOml $ 2 08 ] 183~ 100 ~Bepadryl, 50rog $ 194 / zs4/ ~0 /Brethme lm./lml $ 20Z / Z85/ 100 /Clgn,d,ne.O Zing $ 5 la ~ 186~ 400 /Dextrose 50%, 25g $ 2 30 / 187/ 30 ~Do~amlne Drip, pre m,x $ 11 50 ] 188~ 100 ~Ep~nephnne 1 1,000, ling $ 298 EXHIBIT "A" BID # 2509 EMS SUPPLIES ~1~;-~TM ~';~-~' [; E~P~iO~ , ~ VENDOR I VENDOR VENDOR VENDOR ~;~ ~.~<~ ~; ~ ~ ~ ~ ~ ~ <~ ~ ....... Eme~ency Boundtree ALS ~ ~ ~ ,~, ~ ~:~ ~ ~ ~ , ~ ~, ~ ~ ~v~ o _ Medical Medical 189 600 Ep~nephnne Z 10,000 ~m8 $ 2 29 190 30 Ep~oephnne (Mulb dose v~al ), 30mE I J $ 6 17 191 100 Oral Glucose, 25~ J J $ 2 17 192 30 GluFagon, lmg J J $ 67 32 193 200 Laslx, 40mg J J $ I 84 194 300 Udocalne, lOOmg J J $ 1 81 195 30 L,dPcmne Drip, pre m,x J J $ 4 49 196 300 Narcan 2mg/2ml J J $ 9 47 197 30 N~trostat Tabs, 0 4rog J J $ 4 18 J 198 500 Normal Saline Irrigation, 250ml J J $ 0 86 J 199 500 Pr°vent,I, 2 5rog J J $ 32 22 J 200 50 Sodium Bicarbonate 8 4%, 50mEq J J $ 2 02 J 201 100 Tetraca,ne Ophthalm,x Solut,on J J $ 2 15 2o o86 Ao8nda AGENDA INI~ORMATION SHEET ~ate~~ AGENDA DATE: J~e 20, 2000 Questmns conce~ng ~s acqms:tmn may be d:~cted DEPARTMENT' Mater]~s M~agement to Robert Waggoner 349-8317 ACM: Ka~y DuBose, Flsc~ ~d M~m]p~ Se~lces~ ~ ~ SUBJECT: An Ordinance accepting competltlve proposals and awarding a contract for the purchase of Public Officials Lmbfilty (POL) and Employment Pract:ces L~ab]hty (EPL) Insurance, providing for the expenditure of funds therefore, and providing an effective date (RFSP 2498 - Pubhc Offic:als Llablhty and Employment Practmes Lmblhty Insurance awarded to Genesis Indemmty Insurance Company through their agent Palmer and Cay of Texas, Inc the first year premium amount :s $40,740 The three-year optmn is est]mated to be approx:mately $122,220) BID INFORMATION: The City of Denton has malntmned continual commercial POL insurance coverage since July 17, 1992 m response to the increased threat of litigation agmnst the City The potential for lawsmts has increased over the past few years commensurate wtth the growth of the City of Denton to the point that our original $1,000,000 hablhty policy is no longer suffictent to protect the City from multiple lawsuits m both the POL and EPL areas A $5,000,000 pohcy w~th legal expenses outside the pohcy hm~ts wtll provide sufficient protection for a mlmmal increase m premmms (see Extublt A) For an incremental cost of $13,623, the C~ty wall gatn an additional $4,000,000 in coverage RECOMMENDATION: We recommend that the City Manager be authorized to award a $5,000,000 limit insurance contract to Genesis Indenmlty Insurance Company through their agent Palmer and Cay of Texas Inc, wtth an option to renew for an addmonal two years pursuant to the stipulation outlined ~n the RFSP The cost for the first year xs $40,740 The fact that Genes~s Indemnity ~s our current carrier will ehmmate any future coverage issues on or after the July 17, 2000 effective date PRINCIPAL PLACE OF BUSINESS: Genesis ~ndemnlty Palmer and Cay of Texas Inc (Agent) Dallas, TX ESTIMATED SCHEDULE OF PROJECT: This ~s a one-year agreement 7-17-00 thru 7-17-01 with opt]on to renew for two additional years Agenda Information Sheet June 20, 2000 Page 2 FISCAL INFORMATION' Premmms wtll be prod from Risk Retention Fund Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Exhtb~t "A" - Cost Comparison 1398 AGENDA ATTACHMENT 1 EXHIBIT "A" COST COMPARISON RFSP # 2498 Date 5/16/00 PUBLIC OFFICIALS LIABILITY INSURANCE DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR Genes,s Indemnity Palmer Diamond Gulf National United Zurich and Cay of Texas State Insurance Union F,re Nat,onal Spec,alfles Inc RESPONDENTS (Agent) Pnnc~ple Place of Bus~ness Dallas Sherman Denton Sherman Dallas Dallas Policy Amount Premlmums $1,000,000 $30,394 $27,500 $27,117 $82,811 $51,718 $61,088 $2,000,000 $32,435 $41,250 $39,048 $119,247 $66,688 $82,373 $5,000,000 $40,740 $64,876 $65,078 $168,934 $79,769 $105,182 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR THE PURCHASE OF PUBLIC OFFICIALS LIABILITY (POL) AND EMPLOYMENT PRACTICES LIABILITY (EPL) INSURANCE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (RFSP 2498 - PUBLIC OFFICIALS LIABILITY AND EMPLOYMENT PRACTICES LIABILITY INSURANCE AWARDED TO GENESIS INDEMNITY INSURANCE COMPANY THROUGH THEIR AGENT PALMER AND CAY OF TEXAS, INC THE FIRST YEAR AMOUNT IS $40,740 THE THREE-YEAR OPTION IS ESTIMATED TO BE APPROXIMATELY $122,220) WHEREAS, the C~ty has sohclted, received and evaluated competitive seal proposals for the purchase of Public Officials and Employment Practices L~abfllty Insurance in accordance w~th the procedures of STATE law and C~ty ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the hereto described proposals are the lowest responsible proposals for the materials, eqtupment, supplies or services as shown m the "Bid Proposals" submnted therefore, and WHEREAS, the City Council has prowded m the City Budget for the appropriation of funds to be used for the purchase of the materials, eqmpment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the ~tems m the following numbered request for proposals for materials, equipment, supphes, or services, shown in the "B~d Proposals" on file m the office of the Pttrchasmg Agent, are hereby accepted and approved as being the lowest responsible proposal for such ~tems RFSP ITEM NUMBER NO VENDOR APPROXIMATE AMOUNT 2498 1 Genes~s Indemnity Ins Co $40,740 / Year Palmer and Cay, of Texas Inc (Agent) SECTION II That by the acceptance and approval of the above numbered items of the subrmtted proposals, the C~ty accepts the offer of the persons submitting the proposals for such ~tems and agrees to purchase the materials, eqmpment, supphes or services ~n accordance w~th the terms, specifications, standards, quantities and for the specified sums contained m the Proposal Invitat~ons, Proposals, and related documents SECTION III That should the Clty and person subm~ttlng approved and accepted items and of the submitted proposals wish to enter tnto a formal written agreement as a result of the acceptance, approval, and awar&ng of the proposals, the C~ty Manager or h~s designated representative ~s hereby anthonzed to execute the written contract, prowded that the written contract ~s ~n accordance w~th the terms, condmons, spec~ficaUons, standards, quantities and specffied sums contmned an the Proposal and related documents hereto approved and accepted SECTION IV That by the acceptance and approval of the above numbered ~tems of the submitted proposals, the C~ty Council hereby authorizes the expen&ture of funds therefor m the amount and ~n accordance w~th the approved proposals or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That this ordinance shall become effecuve ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY CON FRACTUAL - RFSP 2498 EXHIBIT "A" RFSP 2498 PUBLIC OFFICIALS LIABILITY INSURANCE DESCRIPTION VENDOR Genesis Indemmty Palmer and Cay of Texas, Inc (Agent) Dallas Pnnc~ple Place of Bus~ness AMOUNT OF POLICY PREMIUMS $1,000,000 $30,394 $2,000,000 $32,435 $5,000,000 $40,740 Agenda No,~ A0enda Item~ AGENDA INFORMATION SHEET Date_ ~- ~ -O~~. AGENDA DATE: June 20, 2000 Questions concermng tills acquisition may be directed DEPARTMENT: Materials Management to Bob Tmkner 349-8275 ACM: Kathy DuBose, Fiscal and mumclpal Services ~ ~ ~[~ SUBJECT: An Ordinance aeeeptmg competitive bids and awarchng a contract for the installation of play ground eqmpment, providing for the expenditure of funds therefore, and prowdmg an effective date (Bid 2516 A & B Playground Eqmpment Installation (A) Fred Moore Park, (B) Phoenix Park awarded to Playground Specialists, Inc m the amount of $28,157 20) BID INFORMATION: This bid as for the mstallataon of playground eqmpment supplied by the City of Denton The project is davlded into two separate sectmns, (A) Fred Moore Park and (B) Phoemx Park Both sates receive sate preparation, eqmpment installation, Flbar System 300 covenng and concrete borders RECOMMENDATION. We recommend the bid be awarded to the single respondent as the lowest responsible bidder, Playground Speclahst, Inc in the amount of $28,157 20 PRINCIPAL PLACE OF BUSINESS: Playground Specaallsts, Inc Lew~svllle. TX ESTIMATED SCHEDULE OF PROJECT' ProJects are scheduled for completion the first week on September 2000 FISCAL ,INFORMATION: Installation of playground eqmpment at Fred Moore Park will be funded from bond fund account (458-020-STRT-9731-9105) $12,108 20 Installation of playground equipment at Phoemx Park will be funded from CDBG funds Agenda Information Sheet June 20, 2000 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7t-00 Purchasing Agem Attachment 1 Tabulation Sheet 1400 AGENDA ATTACHMENT 1 TABULATION SHEET BID # 2516 DATE 6-8-00 NAME Playground Eqmpmem Installation-Fred Moore & Phoemx Park Playground Specialist PRINCIPAL PLACE OF BUSINESS Lew~swlle, TX Installation of Playground Eqmpment at $ 12,108 20 1 Fred Moore Park Installation of Playground Eqmpment at $ 16,049 O0 2 Phoemx Park Bid Bond yes ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE INSTALLATION OF PLAY GROUND EQUIPMENT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2516 A 8,: B PLAYGROUND EQUIPMENT INSTALLATION (A) FRED MOORE PARK, (B) PHOENIX PARK AWARDED TO PLAYGROUND SPECIALISTS, INC IN THE AMOUNT OF $28,157 20) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services m accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the hereto described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the matenals, eqmpment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown In the "Bid Proposals" on file In the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM NUMBER NO VENDOR AMOUNT 2516 ALL Playground Specialist, Inc $28,157 20 SECTION II That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, eqmpment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents SECTION III That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance w~th the terms, conditions, specifications, standards, quantities and specified sums contmned In the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the mount and m accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2516 SUPPLY ORDINANCE ' Agenda I~?rp d.,.?_ ..,,- AGENDA INFORMATION SHEET Date~ AGENDA DATE' June 20, 2000 DEPARTMENT' Engineering & Transp~ CM/DCM/ACM: Dave Hlll~ 349-8314 ~/zf_.~ SUBJECT An ordinance approwng a real estate contract between the City of Denton and Mary Ann McDuff relating to the purchase ora tract previously conveyed from Dack G McDuffby Special Warranty Deed recorded in Volume 4054, Page 0474, of the Real Property Records of Denton County, Texas, for Flood Mitigation Assistance Project Grant, Texas Water Development Board No 99-011-027, authorizing the expenditure of funds therefore, and prowding an effective date BACKGROUND The subject tract was identified m 1998 Pecan Creek Master Plan as a hkely can&date for the Flood M~tagat~on Assistance buyout program We applied for Federal Emergency Management Admlmstrat~on (FEMA) grant money to purchase some of designated structures along the PEC-4 tributary through the Texas Water Development Board, the subject tract being one of the candidates Our grant apphcat~on was accepted and the contract was subsequently approved by Denton City Council in the March of 1999 Ms McDuffwas approached in September of 1999 mad was asked if she had Interest ~n a voluntary sale of her residence, in conformance w~th FEMA gmdehnes Imtmlly, she was not interested in selhng and staff explored other acquisition opportunities along the channel In mid December 1999, Ms McDuffcontacted C~ty staffand inquired flour offer to purchase was still avmlable We have been in positive negotmtions over the past few months and have now reached an equitable agreement RECOMMENDATION Staff supports approval of the contract PRIOR ACTION/REVIEW (Couned. Boards, Commlsslons~ None FISCAL ]INFORMATION $92,000 o0 plus closing costs of approximately $750 oo MAP Attached Respectfully submitted Jer{~lark, D~rector Prepared by Engineering & Transportation Paul Wilhamson R~ght-of-Way Agent LOCATION MAP ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND MARY ANN MCDUFF, RELATING TO THE PURCHASE OF A TRACT PREVIOUSLY CONVEYED FROM DICK G MCDUFF BY SPECIAL WARRANTY DEED RECORDED IN VOLUME 4054, PAGE 0474, OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, FOR FLOOD MITIGATION ASSISTANCE PROJECT GRANT, TEXAS WATER DEVELOPMENT BOARD NO 99-011-027, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The City Manager or his designee is hereby authorized to execute a Real Estate Contract between the City and Mary Ann McDuff, in substantially the form of the Real Estate Contract which is attached to and made a part of th~s ordinance for all purposes, for the purchase of a tract of land for flood mitigation assistant project grant SECTION 2 The City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract SECTION 3 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED thru the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE ~s made by and between Mary Ann McDuff (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule mumclpahty, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein PURCHASE AND SALE 1 Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land consisting of all of that tract conveyed from Dick G McDuffto Mary Ann McDuffby special warranty deed recorded m Volume 4054, Page 0474 of the m the Real Property Records of Denton County, Texas, together with all rights and appurtenances pertaining to the smd propmy, including any right, title and interest of Seller in and to adjacent streets alleys or rights-of-way (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth 2 However, it is expressly understood that the Seller shall have the right to salvage and remove any part of the existing residence and/or outbuildings presently situated upon smd tract wlthxn a time period of ninety days (90) after the date of conveyance (Closing) After mnety days (90) from the date of conveyance (Closing) ownersl~up of any remaining structures, appurtenances and personal property shall vest in the Purchaser, to be removed and disposed of at the sole discretion of the Purchaser 3 Possession of the Property by the Purchaser shall occur at 12 01 A M, September 30, 2000 4 The Seller hereby acknowledges that the Purchaser has previously informed the Seller that Purchaser has negotiated for the purchase of the tracts with no intent to use its powers of eminent domain to obtain the parcels PURCHASE PRICE 1 Amount of Purchase Price The purchase price for the Property shall be the sum of Ninety Two Thousand Dollars and No Cents ($92,000) 2 Payment of Purchase Price The full amount of the Purchase Price shall be payable in cash at the closing Page 1 of 7 PURCHASER'S OBLIGATIONS The obhgat~ons of Purchaser hereunder to consummate the transactions contemplated hereby are subj eot to the satisfaction of each of the following conditions any ofwhmh may be waived in whole or ~n part by Purchaser at or prior to the closing 1 Prehmlnarv Title Report Within twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue an owner's policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc, affecting the Property Pumhaser shall give Seller written notme on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Pumhaser Purchaser understands that Seller is under no obligation to cure any title defects complmned of by Purchaser stated in Purchaser's written notme to Seller as provided ~n this paragraph In the event Seller is unable to do so w~thln ten (10) days after receipt of written notice, Purchaser, at its option may elect to terminate th~s Agreement (in wluch event this Agreement shall be null and void), grant Seller additional time to cure, or proceed to closing 2 Survey Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser The survey shall be staked on the ground, and shall show the location of all ~mprovements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contmn the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof Purchaser will have ten (10) days after receipt of the survey to review and approve the survey In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notme of this fact Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable sat~sfactmns of Purchaser In the event Seller is unable to do so wlthm ten (10) days after receipt of written notice, Purchaser, at its option may elect to terminate this Agreement 0n which event this Agreement shall be null and void), grant Seller additional time to cure, or proceed to closing Page 2 of 7 3 Seller's ComDhance Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to purchaser, to the best of its current knowledge, as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date 1 There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers 2 Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affectmg title to the Property, or any part thereof, nor to the best knowledge and behef of Seller is any such proceeding or assessment contemplated by any governmental authority 3 Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property or any part thereof 4 To the best of the Seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended 5 Seller hereby grants the City of Denton and or its designee formal permission to enter Seller's property in order to perform such field surveying activities to estabhsh boundaries and monuments necessary to consummate the above-mentioned real property purchase transaction CLOSING The closing shall be held at the office of Texas Title Company (the "Title Company"), 2215 South Loop 288, Suite 320, Denton, Texas on or before June 30th, 2000 (winch date is here~n referred to as the "closing date") The closing date may be extended by mutual agreement of the partms Page 3 of 7 CLOSING REQUIREMENTS 1 Seller's Requirements At the closing Seller shall A Deliver to Purchaser a duly executed and aclu~owledged General Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, assessments, and restrictions, except for the following 1 General real estate taxes for the year of closing and subsequent years not yet due and payable, and 2 Any exceptions approved by Purchaser pursuant to Purchaser's Obligations hereof, and 3 Any exceptions approved by Purchaser in writing B Dehver to Purchaser a Texas owner's Policy of Title Insurance at Seller's sole expense, issued by Texas Title Company, Denton, Texas, (the "Title Company"), in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed in Closing Requirements hereof, such other exceptions as may be approved m writing by Purchaser, and the standard pnnted exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however 1 The boundary and survey exceptions shall be deleted if required by Purchaser, and if so required, the costs associated with same shall be borne by Seller, 2 The exception as to restrictive covenants shall be endorsed "None of Record", 3 The exception as to liens encumbering the Property shall be endorsed "None of Record" other than those set forth in "Purchaser's Obligations" 4 The exception for taxes shall be limited to the year of closing and shall be endorsed "not yet due and payable" C Deliver to Purchaser possession of the Property on the day of Possession (12 01 A M, September 30, 2000) Page 4 of 7 2 Pllrchaser's Reamrements Purchaser shall pay the conmderat~on as referenced ~n the "Purchase Price" section of th~s contract at Closing m ~mme&ately avmlable funds 3 Clomng Costs Seller shall pay all taxes assessed by any tax junsdmt~on through the date of the Clomng All other costs and expenses of clomng ~n consummating the sale and purchase of the Property not specffically allocated herren shall be paid by Pumhaser, except for Seller's attorney fees REAL ESTATE COMMISSION Any real estate comm~smons occamoned by the consummation of thls Agreement shall be the sole responmbdlty of Seller, to the extent Seller has agreed to pay any such real estate comm~smon m writing, and Seller agrees to ~ndemnlfy and hold Purchaser harmless from any and all clatms for any such comm~ssmns BREACH BY SELLER In the event Seller shall fad to fully and timely perform any of 1ts obhgatlons hereunder or shall fml to consummate the sale of the Property except Purchaser's default, Purchaser as ~ts sole and exclusive remedy may either enforce specific performance of thru Agreement or terminate th~s Agreement by written notme dehvered to Seller BREACH BY PURCHASER In the event Purchaser should fall to consummate the purchase o f the Property, the conditions to Purchaser's obhgatmns set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being ~n default, Seller as its sole and exclumve remedy may enforce specffic performance of th~s Agreement, or terminate thru Agreement by written notice dehvered to Pumhaser MISCELLANEOUS PROVISIONS 1 Asmgnment of Am'cement This Agreement may not be asmgned by Pumhaser wtthout the express written consent of Seller 2 Survaval of Covenants Any of the representations, warranties, covenants, and agreements of the parhes, as well as any rights and benefits of the parhes, pertalmng to a period of time following the clomng of the transactmns contemplated hereby shall survive the closing and shall not be merged therein Page 5 of 7 8 3 Notice Any notice required or permitted to be dehvered hereunder shall be deemed received when sent by United States mml, postage prepaid, certified mai1, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party Seller's agent for purposes of notice shall be Mary Ann McDuff 4 Texas Law to Ao¢lv This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas 5 Parties Bound This Agreement shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and assigns where permitted by this Agreement 6 Legal Construction In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said invalidity, lllegahty, or unenforceablhty shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein 7 Prior Aereements Sunerseded This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter 8 .Time of Essence Time is of the essence in this Agreement 9 Gender Words of any gender used in th~s Agreement shall be held and construed to ~nclude any other gender, and words m the singular number shall be held to include the plural, and vice versa, unless the context reqmres otherwise 10 Compliance In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title Insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection 11 Time Limit In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (I 0) days after Purchaser executes this Agreement and dehvers same to Seller, Purchaser shall have the right to terminate this Agreement upon written notice to Seller Page 6 of 7 q DATED this day of ,2000 PURCHASER THE CITY OF DENTON, TEXAS BY Mtchael W Jez C~ty Manager 215 E McKmney Denton, Texas 76201 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY COUNTY OF DENTON § This instrument was acknowledged before me o~ J /~-~ ,2000 by Mary Ann McDuff Notary Pubhc, xn and for the State of Texas ~ My Commission Expires ~ ~07- ~ Seller's Address ~ 300 Stroud Street Denton, Texas 76201 Page 7 of 7 Ag~ada No AGENDA INFORMATION SHEET AGENDA DATE' June 20, 2000 DEPARTMENT. F~re Department CM/DCM/ACM Jon Fortune, Assistant C~ty Manager SUBJECT' Consider adoption of an ordinance estabhsh~ng fees to be charged for emergency ambulance services and standby emergency ambulance serwces m the City of Denton as provided for Sec 27-102 of Article IV of Chapter 27 "Vehicles for Hire" of the Code of Ordinances of the C~ty of Denton BACKGROUND. At a City Cotmcfl work session on June 13, 2000, Staff presented a report regarding proposed changes to the C~ty's emergency ambulance ordinance which determines fees charged for emergency ambulance services The C~ty Council d~rected Staff to bring back a new ordinance changing our ex~stmg emergency ambulance fees as well as adding one new one THERE ARE THREE REASONS FOR A CHANGE IN ORDINANCE 98-213 1 The last change of emergency ambulance fees was ~n 1998 Our current emergency ambulance service fees are determined by Ordinance No 98-213 (attached) which was passed by the C~ty Council on July 28, 1998 It sets a basic transportation rate of $250 00 and also estabhshes various charges for certain medications, d~sposable goods and aet~wttes and a mileage fee of three ($3 00) dollars per mile In addition, ~t sets a $300 bamc transportation charge for non-restdents of the C~ty of Denton 2 Our costs to provide emergency medical services have ~ncreased substantmlly In 1999, the F~re Department responded to a total of 9,671 emergency calls for assistance Of those, 6,590 were emergency medical calls Using th~s data shows that 68 1% of the F~re Department's bus~ness ~s EMS The C~ty's four ~ront hne ambulances respond to all EMS calls as well as some fires In 1999, the ambulances responded to a total of 7,222 emergency me,dents The EMS workload for an ambulance was therefore 91 25% (6,590/7,222) In 1999, the ambulance transport rate was 58 2% of our total EMS calls Aceorchng to an EMS Cost Analysis m the updated 2000/2001 Fire Department Strategic Plan completed in June, 2000, in th~s fiscal year, FY1999/2000, each ambulance company costs $666,843 Of that total ambulance cost, the estimated EMS use cost equals $608,494 ($666,843 X 91 25%) Since each ambulance averaged 1,648 EMS calls in 1999, the total ambulance EMS cost could be figured as $369 per each EMS request for services ($608,494 /1,648) Unfortunately, since each ambulance only transports 58 2% of their EMS responses, the cost per transport equals $634 ($608,494 dxwded by [1,648 X 58 2%]) Keep ~n mind that these are for the ambulance only and do not include the first responder costs The first fiscal year (FY1997/1998) that th~s ordinance became effective, the Fire Department's budget was $7,418,991 However, our ex~stlng budget (FY1999/2000) ~s now $9,744,530 Since the last ordinance was adopted m 1998, our budget has ~ncreased 31% percent While our costs have increased substantmlly, our charges for our emergency ambulance serwces have not increased since 1998 The budget for next fiscal year will most hkely continue this upward trend An EMS Cost Analys~s in the updated 2000/2001 F~re Department Strategic Plan completed ~n June, 2000, determined ~t costs the C~ty of Denton $369 00 for every emergency medical ambulance call for service Th~s does not take into account the cost of the first responders, only the ambulance Neither does the $369 00 consider that the C~ty only transports 58 2% of those requests for services F~gunng just the costs for the number of transports, the actual cost would be $634 00 per transfer 3. Remain competitive with other area emergency medical services prowders. Attached to tbas report ~s a eun'ent survey of area EMS providers and the fees they now charge PROPOSED CHANGES TO ORDINANCE 98-213 1 Maintam our Present Health Care Finance Administration Methodology #4. The Health Care Finance Administration (HCFA) establishes the limits on charges that will be pond out by Medicare wi'ach ultimately results m what rates insurance companies will pay out for emergency ambulance services The HCFA uses four methods ofbflhng for emergency ambulance services The HCFA mandates that all emergency ambulance prowders state formally which method they will use and the providers must then use only that method ~ HCFA Method 1 This method ~s a s~mple, all mclus~ve charge, reflecting all services, supphes and mileage using one code ~' HCFA Method 2 Tbas method ~s one charge, reflecting all services and supphes, w~th separate charge for mileage ~ HCFA Method 3' Th~s method is one charge for all services and mileage, w~th a separate charge for supphes Thts was HCFA method used by the Ctty of Denton prevtous to the ordtnance change tn 1998 ~ HCFA Method 4. Th~s method uses separate charges for services, mileage and supphcs Thts is the current HCFA method used by the Ct(y of Denton At a recent conference on ambulance blllang, a nationally recognized expert ~n ambulance ballang stated that all provaders should be using method 2 or 4 for the most cost effective recovery of actual costs 2 Adjust Current Fees. In addltaon to an ancrease an the basle emergency ambulance transportataon rate, staff requests adjustments an several current charges } Increase the Resadent basac transportataon rate from $250 00 to $300 00 As shown prevaously, emergency ambulance services cost more than the amount recovered ~' Increase the Non-Resadent basac transportataon rate from $300 00 to $375 00 As shown prevaously, emergency ambulance servaces cost more than the amount recovered This means that Caty of Denton tax payers partaally subs~thze thas valuable public safety servace Thas fee charges non-resadents, or non-taxpayers an the caty of Denton, a slaghtly hagher fee than someone who is already payang taxes for quality emergency medical servaces The survey of other emergency ambulance providers shows that chargang non- resadents a lugher fee is a common occurrence ~. Increase the "addatlonal fees" hstefl an Ordanance 98-213 by 20% - bandagang/splantang, cardaac monatonng, carthversaon, CPR, defibrillation, daagnostm 12-lead EKG, glucometer, pacang (non-evasave) and carryang a pataent down stairs ~' Update our last ofdasposable goods and medlcataons Costs of several medacataons have ancreased substantaally since 1998 However, some are proposed to be reduced because our costs have actually decreased In addataon, our new medacal protocols add several expensive new drugs whach are not on our current last >' Increase the fee for maleage from $3 00 per male to $6 00 Thas fee as based on the cost of the vehacle and the fuel and mmntenance costs to the ambulances The maleage as figured from the scene of the emergency to the receawng hospatal Each front lane ambulance currently averages about 40,000 males per year Ambulances average about 8 miles per gallon fuel use A new ambulance costs $125,000 along wath $50,000 worth of speelalazed equapment At 40,000 males per year, the useful servace life of the Caty's ambulances extends to only three (3) years Thas maleage charge helps recover the costs of operatang our ambulances and the excessave wear and tear caused by responding to over 6,590 medacal emergencaes per year > Increase the Standby Charge for special events from $68 00 per hour wath a four (4) hour mlmmum to $76 00 per hour with a four (4) hour manamum The $68 00 per hour cost was determmed an an Emergency Medacal Servaces Cost Analysas an July, 1998 However, that cost as now $76 per hour based on FY1999/2000 costs Ttme must be spent eheckang out the ambulance prior to the event, drlvang to and from the event and then cleaning the ambulance after the event This charge as for the standby of the ambulance only If an emergency happens at the event and a patient ~s transported, all other charges that are incurred by the patient are billed according to the ordinance 3 Add One (1) New Fee - Non Transport Supply and Medication Cost Recovery This fee would cover drugs administered and supplies used on scenes ~n cases where a transport Is refused or not necessary or the patient ~s transported via another method other than City of Denton ambulance, such as private vehicle or hehcopter This will help recover some of our costs for disposable goods and drugs A good example ~s a patient w~th an emergency diabetic condatlon who has an IV set up and then the patient feels better and refuses transport The city prowdes on-scene services to approximately five (5) d~abenc patients per month wtuch requires that drugs be admlmstered, but the patient does not usually want or reqmre a transport Another example would be an accident causing trauma where firefighter/paramedms render substantml md and administer medications and use supphes and the wet~m is transported wa helicopter to a trauma center ~n Dallas or Ft Worth Presently, the City recovers none of our costs to prowde those supphes and medications FISCAL INFORMATION: This new ordinance will enable the City to recover a greater portion of the actual costs of provldmg emergency ambulance serwces and increase our expected revenues Respec~jf Submitted Fire Chief Attachments. ~ Proposed Ordtnance ~ Extsttng Or&nance 98-213 ~ Sectton 27-102 ofArttcle IVofChapter 27 of the Ctty's Code of Ordinances on "Vehtcles for Htre" ~ Emergency~tmbulanceServtceProvtderSurvey ORDINANCE NO AN ORDINANCE AMENDING, REPEALING AND REPLACING ORDINANCE NO 98-213 OF THE CITY OF DENTON, TEXAS, ESTABLISHING FEES TO BE CHARGED FOR EMERGENCY AMBULANCE SERVICES AND STANDBY EMERGENCY AMBULANCE SERVICES IN THE CITY AS PROVIDED FOR IN SEC 27-102 OF ARTICLE IV OF CHAPTER 27 "VEHICLES FOR HIRE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton has analyzed and studied its fees for emergency ambulance services, and WHEREAS, the City of Denton should operate a cost-effective and efficient emergency medical service, and WHEREAS, the City of Denton desires to change its Health Care Finance Admlmstratlon (HCFA) Method #4, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS _SECTION 1 That Ordinance No 98-213, enacted by the C~ty Council on July 28, 1998, is hereby amended, repealed and replaced and by hereby approving and estabhshmg the following fees for emergency ambulance services m the C~ty pursuant to Sec 27-102 of the Code of Ordinances as follows 1 A basic transportation fee of Three Hundred Fifty Dollars ($300 00) will be charged each patient who ~s a resident of the City of Denton transported from the scene of an emergency to an appropriate medical care facility In addmon, a fee of S~x Dollars ($6 00) per mile from the incident locatmn to the receiving hospital will be charged 2 A bamc transportatmn fee of Three Hundred Seventy-Five Dollars ($375 00) will be charged each patient who is a non-resident of the City of Denton transported from the scene of an emergency to an appropriate medical care facility In additmn, a fee of Six Dollars ($6 00) per mile from the ~nc~dent location to the recetving hospital will be charged 3 Additional fees, ffincurred, shall be charged as follows a $30 00 fee for bandagmg/sphnnng b $30 00 fee for carthae momtonng e $36 00 fee for cardloverslon d $60 00 fee for adm~mstenng Card~o Pulmonary Resuscitation (CPR) e $36 00 fee for defibrillation f $36 00 fee for d~agnostm 12-lead EKG g $12 00 fee for glucometer, blood sugar h $36 00 fee for pacing, nonqnvasave $30 00 fee for carrying a patient down stmrs Fees for additional supphes, medication and/or d~sposal goods adm~mstered to each patient will be charged and billed ~n accordance w~th the schedule of prices and charges attached to and made a part of th~s ordinance for all purposes as Exhibit "A" k Fees for additional supphes, medmat~ons and/or d~sposable goods administered to each patient who refuses transport or ~s transported by means other than a C~ty of Denton ambulance will be charged and balled in accordance w~th the schedule of prices and charges attached and made a part of this ordinance for all purposes as Exlub~t "A" SECTION 2 That the Oty shall charge an Emergency Ambulance Standby fee Seventy- s~x Dollars ($76 00) per hour w~th a four (4) hour m~mmutn for the use of any C~ty of Denton emergency ambulance for standby at special events such as football games, rodeos, concerts, otc If any patient ~s transported, the other fees m the ordinance shall be charged as ~ncurred SECTION 3 That a copy ofth~s schedule of fees and the annual medmatmn and chsposal of goods schedule of fees shall be mmntamed on file in the office of the C~ty Secretary SECTION 4 That all ordinance or parts of ordinance in force when the provtmons ofth~s ordinance become effective which are inconsistent or in conflict with the terms or proms~ons contained m tlus ordinance are hereby repealed to the extent of any such conflmt SECTION 5 That ~f any section, subsection, paragraph, sentence, clause, phrase, or word in tins orchnance, or apphcat~on thereof to any person or circumstance ~s held ~nval~d by any court of competent junsdmt~on, such holding shall not affect the validity of the remmmng pomons of th~s ordinance, the C~ty Council of the C~ty of Denton, Texas, hereby declares that they would have enacted such remmmng portions despite any such ~nvahd~ty SECTION 6 That ti'ns ordinance shall become effective ~mmed~ately upon ~ts passage and approval Page 2 of 2 PASSED AND APPROVED th~s the day of ., 2000 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVBD AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 3 of 3 EXHIBIT "A" AIRWAY AND OXYGEN A~rway, oral $0 35 A~rway, nasal $1 95 A~rway, Comb~tube $44 55 A~rway, Emdotacheal, uncuffed $3 55 A~rway, Endotracheal, cuffed $3 95 Endotube Holder $3 72 Laryngoscope Blade, d~sposable $4 60 BVM, Adult $25 40 BVM, Pediatric $27 23 BVM Infant $30 98 Crtcothyrotomy K~t $23 07 Oxygen Admlmnstrat[on $18 75 02 Mask, Adult $1 39 02 Mask, Pediatric $1 61 02 Mask, Infant $4 17 02 Nebulizer $1 66 Emes~s Bag $1 17 Suction Catheter $0 37 Yankauer Suction $2 17 V-Vac Sucbon $12 12 Suction Canmster $2 32 BANDAGING AND SPLINTING Small Dressing $1 50 Medium Dressing $2 50 Large Dressing $4 50 Asherman Chest Seal $9 27 Cold Packs $0 72 Heat Packs $2 18 Head Beds $4 47 Page 4 C-Coltars, any size $5 60 Sphnt, short $5 32 Sphnt, medium $7 98 Sphnt, long $9 73 IV CATHS AND START KIT Protectlv Cath, any size $2 32 Butterfly, Scalp Vein, any size $0 49 $13 93 Intraosseous Port-A-Cath $7 18 Start Kit $4 00 EKG Electrodes $2 71 Qu~kcombo Pads $31 87 02 Sat F~nger prode, any s~ze d~sp $20 82 Blanket, disposable $2 72 Burn Sheets $5 65 OB Kit $5 4O Infant Thermal Wrap $6 77 Morgan Lenses $10 02 Glucometer Test Str~ps $1 70 )V SOLUTIONS AND IRRIGATION NS 1000mi $1 08 NS 500mi $1 09 Irngat~on, NS 250ml $1 08 Adensos~ne, 6mg $38 20 Amlodarone, 300mg $220 00 Aspinn, 8ling $0 15 Page 5 Atropine, lmg $2 60 Benadryl, 50mg $2 42 Breth~ne, lmg $2 51 Clonidine, 0 ling $ Dextose 50%, 25g $2 87 Dopam~ne, drip $14 38 Epinephrine I 1,000, lmg $3 72 Epinephrine 1 10,000, ling $2 86 Epinephrine 1 1,000, 30rog $7 71 Oral Glucose, 25g $2 71 Glucagon, lmg $84 15 Haldol, 5rog $9 33 Lasix, 40rog $2 30 L~doca~ne, 100rog $2 26 L~docalne, Dr~p $5 61 Morphine, 10mg $3 12 Narcan, 2rog $11 83 Nitrostat Tabs 0 4rog $0 15 N~trous Oxide, per application $30 00 Norcuron, 10mg $31 27 Phenergan, 25rog $2 18 Proventil, 2,5rog $0 45 Sodium Bicarb 8 4% 50mEq $2 53 Succlnylchohne, 200rog $1 32 Tetraca~ne drops $3 12 Thiamine, 100mg $1 07 Vahum, 10rog $6 83 Versed, 5rog $ Page 6 CH~D FOR EMERGENCY ~BUL~CE SERVICES ~D ST~DBY EMERGENCY ~U~C~ S~WC~S ~ ~ C~V ~S ~OV~O~ ~0~ ~ S~C ~-~0~ O~ ~C~ ~V O~ C~ 2~ "V~C~S ~0~ ~" O~ ~ CO~ O~ O~CeS O~ ~ C~ O~ ~0~, ~X~S, ~~ ~ O~C~S ~ CO~C~ HE.WITH, ~D PROVID~G FOR ~ EFFE~IVE DATE ~E~AS, lhe C~ty of Denton h~ ~alyzed ~d stud~ed ~ts fe~ for emergency ambulance se~ces, ~d ~E~AS, ~e C~ty of Denton should operate a cost-effective ~d e~c~ent emergency medical se~ce, ~d ~E~AS, the C~ty of Denton desires to change ~ts Health Care Finance Administration (HCFA) Method from HCFA Method ~3 to HCFA Method g4, NOW, THE~FO~, THE CO~CIL OF THE CITY OF DENTON HE.BY O~MNS ~ That fees are hereby estabhsbed for emergency ambul~ce seduces m the Ctty prowded pursuant to Sec 27-102 of the Code of Ord~n~ces ~ follows I A b~e transpo~at~on fee of two hundred fi~y dollars ($250 00) will be ch~ged each pattent who is a ~es~dent of the Oty of Denton transposed from the scene of an emergency to a Ctty of Denton or Denton County hospttal In addtt[on, a fee of t~ee dollars ($3 00) per retie from the me,dent loeatton to the receiving hospital will be eharg~ 2 A b~te tr~spo~atton fee of tlwee hundred doll.s ($300 00) will be charged each patient who ts a ~ of the Ctty of Denton transposed from the scene of ~ emergency to a Ctty of Denton or Denton County hospttal In addtt[on, a fee of tMee doll.s ($3 00) per retie from th~ tnetdent loeatton to tho recetwng hospital will bo eh~ged 3 Add~ttonal fees, ff~ncu~ed, shall be ch~ged ~ follows ~ A $25 00 fee for bandagm~sphntmg b A $25 00 fee for c~d~ae monitoring e A $30 00 leo for c~dtoversion d A $50 00 fee for admmtstefing C~dio Pulmon~ Resuscttatton (CPR) e A $30 00 fee for defibnllatton f A $30 00 fee for diagnostic 12-lead EK.G g A $10,00 fee for glucometer, blood sugar h A $30 00 fee for pacing, non-invasive A $25 00 fee for carrying a patient down stairs Fees for additional supplies, medication and/or disposal goods admm,stered to each patient will be charged and billed m accordance with the schedule of prices and charges attached to and mado a part of this ordinance for all purposes as Exhibit "A' ~ That the C,ty shall charge an emergency ambulance standby fee of sixty --eight dollars ($68 00) per hour with a four (4) hour minimum for the use of any City of Denton emergency ambulance for standby at special events such as football games, rodeos, concerts, eta If any patient ts transported, the other fees in the ordinance shall be charged as incurred ,,SECTION III, That a copy of this schedule of fees and the annual medication and disposal of goods schedule of fees shall be maintained on file in the office of the City Secretary ~ That ali ordinance or parts of ordinance In force when the provisions of this ordinance become effective which are incot~slstent or in conflict with the terms or provisions contained tn this ordinance are hereby repealed to the extent of any such eonfllet ~ That ii' any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the vahdity of the remaining portions of this ordinance, the City Council oi' tile C~ty of Denton hereby declares that they would have enacted such remaining portions despite any such mvahdlty ~ECTION VI, That this ordinance shall become effective immediately upon its passage and approval ~ PASSED AND APPROVED this the .t~.~'~_____- day ° f-~~-~' 1998' JAC~tl'LLER, MAYOR ATTEST' JENNIFER WALTERS, CITY SECRETARY APP~,0VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY /× PaRe 3 EXHIBIT "A" ACTIDOSE CHARCOAL ~ $13 64 ~-ADENOCARD 6M0 --$51 00 ~ALBUTEROL ~-$1 20 ---AMMONIA CAPS $1 50 ASPIRIN 81MO 0 75 ATROPINE 1MO 5 25 BENADRYL 50MO $5 00 BRETYLIUM $00MG 7 06 CAPOTEN 25MO $1 50 DEXTROSE 50% 25GM 6 ~4 DOPAMINE400MGI250DSW 22 23 5 82 EPINEPHRINE tMG t'1,000 6 ~4 EPINEPHRINE 1MO t 10,000 $4 75 LASIX 40MO 5 54 LtDOCAINE tGMI250D5W LIDOCAINE ~00MG $11 40 58 06 MAZICON 0 5MGI2ML $3 60 MORPHINE $5 10 N S IRRIGATION 250ML NARCAN 1MGI2ML $18 85 NITROSPRAY $3 00/DOSE NITROUS OXIDE $25 00 $390 NORMAL SALINE IV 1000ML $15 00 OXYGEN 3 32 SODIUM BICARB 50mEq 5 68 TETRACAINE 112% SOL $12 30 VALIUM ~OMG INJ BANDAGINGISPLINTING $25 00 $25 00 CARDIAC MONITORING $30 00 CARDIOVERSION $50 00 CPR ADMINISTERED $30 00 DEFIBRILLATION ~DIAGNOSTIC 12.LEAD EKG $30 00 GLUCOMETER, BLOOD SUGAR $10 00 PACING, NON-INVASIVE $30 00 PT CARRIED DoWN STAIRS $25 00 BODY SUBSTANCE ISOLATION $7 50 LEVEL 2 PER CAREGIVER LEVEL 3 PER CAREGIVER $10 00 DISPOSABLE GOODS ~ AIRWAY, NASAL, ANY SIZE $4 80 EXHIBIT "A" AIRWAY, ORAL, ANY SIZE 0 42 AMBU.BVM, CAPNO-FLO $37 50 $2 t0 BANDAGE, TRIANGULAR $0 50 Band-Nd, ANY SIZE 8 96 BLANKET, YELLOW 1 26 CATHETER, IV BUTTERFLY 21 64 CATHETER, IV INTRAOSS. $22 50 CATHETER, IV MEDIPORT CERVICAL COLLAR, ANY SIZE 15 86 1 68 COLD PACK g 24 E T TUBE, ANY SIZE ELECTRODES, ANY SIZE $2 30 EMISIS BASIN/BAGS $0 75 16 27 ENDO-LOCK 0 75 EYE PAD $2 50 EYE SHIELD $0 50 GAUZE, 4X4, SINGLE 3 t8 GAUZE, PETROLEUM I 68 GAUZE 4X4 t0 PACK TUB $2 O0 GLOVES, STERILE $6 60 HEAD BED 6 46 HEAD ON BLOCKS $1 70 HOT PACK 1 42 KLING, SOF, STERILE 4" $12 00 OB KIT $4 00 OXYGEN DELIVERY DEVICE $61 00 pACING PADS, NON-INVASIVE 24 07 PILLOW, DISPOSABLE 10 54 SHEET, BURN $2 50 SHEET, DISPOSABLE 6 16 SOLUTION SET~ IV, MINIDRIP 5 34 sOLUTION SET, IV, REGULAR 10 72 SPLINT, PADDED, ANY SIZE 5 54 SUCTION CANISTER~ ANY $5 50 SUCTION DEVICE, ANY 17 46 SUCTION, V-VAC, CARTRIDGE $11 90 ~SWADDLER, SILVER 0 75 TAPE, ANY APPLICATION $0 80 ,VENIGARD § 27-101 DENTON CODE Emergency call means any request for ambulance service that is made by telephone or other means of communication m circumstances which are or have been represented to be an emergency and requiring Immediate ambulance service Emergency run means the emergency ambulance trip to the place where the emergency eyasts or from the place of such emergency to a hospital, medical chmc or other appropr, ate destination for the patient F~re department means the fire department of the c~ty Operator means any individual, firm or corporation engaged m the business of trans porting the injured, wounded, sink or dead and using the streets of the city for such purpose Street means any street, alley, avenue, boulevard, drive or h~ghway commonly used for the purpose of travel within the corporate limits of the city Transfer ambulance means any motor vehicle constructed, equipped and used for trans ferrmg the injured or sick under circumstances which do not constitute an emergency and which have not been represented as an emergency (Code 1966, § 26 65) Cross reference-Defimtlons and rules of construction generally, § 1 2 · Sec 27 102 Emergency service provided by fire department, fee (a) The fire department shall provide emergency ambulance service within the city (b) The city shall charge fees for emergency ambulance servmes in the c~ty provided in response to a call received by the fire department requesting the services, and such fees shall be established by the city council and on file m the office of the city secretary (c) The person receiving emergency ambulance service and any person contracting for the service shall be responsible for payment of the fee In the case of service received by a minor, the parent or guardian of the minor shall be responsible for payment of the fee (Code 1966, § 26 66, Ord No 90 145, § I, 10 2 90) Cross reference-Fire department generally, § 11 26 et seq (a) It shall be unlawful for any person, either as owner, agent or otherwise, other than a member of the fire department, an agency of the United States or the state, to furmsh, operate, conduct, maintain, advertise or otherwise be engaged in or profess to be engaged in the operation of emergency ambulance service upon the streets, alleys or any public way or place within the city for the purpose of p~ckang up patients within the city, except in the following circumstances (1) It shall not be unlawful for a person operating a transfer ambulance m the city, upon responding to a direct call for nonemergency transfer ambulance service, to operate such ambulance under emergency conditions, using emergency equipment, after no tlfymg the fire alarm dispatcher and requesting permission to make an emergency Supp No 1 1852 ~ O~wO~°) ~O~O000~www mw =z~°°°~°°°°°°°°°~°~=~ ~ o~o~o ~0~ o<oqooooqoo~ ~ ~ ~ oooooooooooo~ooooooooooooooo From Sherr~ll Campbell To Walters, Jennifer Date 6/7/00 9 10AM Subject Yard of the Month Awards for June Hi Jenmfer, The Yard of the Month Awards for June are John & Sherry Hard~n, 1303 Moz~ngo Ron Aparo & Patr~c~a Foster, 2245 Hollyh~ll Tomy & Gale Morgan, 3109 Westgate Dwayne & Stacy Waters, 3204 Old North Road Chris Latham, 2308 Jacquellne Charles & Ella W~ll~ams, 600 Park Lane The Bus,ness Yard of the Month ~s Gnzzaffi Darby, LLC, 1306 N Locust I will g~ve you the RSVP I~st before the CC meebng on the 20th Thanks, Sherr~ll Agenda Iter~'-~ t'~ AGENI)A INFORMATION SHEET AGENDA DATE: June 20, 2000 Questions concerning this acqmsltmn may be directed DEPARTMENT: Materials Management to Kathy DuBose 349-8228 ACM. Kathy DuBose, Fiscal and Mumcipal Serv~ces"~ SUBJECT' An Ordinance to the C~ty of Denton, Texas anthonzmg the C~ty Manager to execute a professional servmes agreement between the C~ty of Denton and Deloitte and Touche, L L P for ~ndependent audits, anthonzmg the expenditure of funds, and provid~ng an effective date (RFSP 2481 - Audit Services awarded to Deloitte and Touche, L L P m the not to exceed amount of $50,000 for 2000, $62,750 for 2001 and $65,900 for 2002 Fees for 2003 and 2004 w~ll be based upon the Consumer Price Index for the Dallas Metroplex) RFSP INFORMATION' The RFS? is for ~ndependent auditing servmes w~th Deloitte and Touche, L L P for the fiscal years ending September 30, 2000, September 30, 2001 and September 30, 2002 w~th the C~ty's option to extend the agreement for two addltmnal years ending September 30, 2003 and September 30, 2004 The scope of services ~nclude · Performing the annual audit of general purpose financtal statements in accordance with applicable generally accepted auditing standards · Issue a management letter reporting any material weaknesses ~n tnternal accounting controls · Compliance audit and s~ngle audit of Federal F:nanc~al Assistance Programs · All other services as defined in the Proposal to Serve document dated April 2000 and attached to the contract as Exhibit A RECOMMENDATION' We recommend the professional servmes agreement between Deloitte and Touche, L L P and the C~ty of Denton be approved ~n the amount(s) hsted above PRINCIPAL PLACE OF BUSINESS: Delmtte and Touche, L L P Dallas, TX PRIOR ACTION/REVIEW: The C~ty of Denton Audit Committee w~ll rewew the proposal from Delmtte and Touche, L L P prior to consideration by Council Agenda Information Sheet June 20, 2000 Page 2 ESTIMATED SCHEDULE OF PROJECT' Auditors financml and comphance audit work shall be completed no later than December 30 after the City's fiscal year end The Comprehensive Annual Fmancml Report ("CAFR") should be avadable for pnnt by the 2nd Monday ~n January FISCAL INFORMATION' Funding for th~s Professmnal Serwce Agreement wall be available m the apphcable fiscal year budget account (100-041-020M-8535) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent 1401 AGENDA ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND DELOITTE AND TOUCHE, L L P FOR INDEPENDENT AUDITS, AUTHORIZING THE EXPENDITURE OF FUNDS, AND PROVIDING AN EFFECTIVE DATE (RFSP 2481 - AUDIT SERVICES AWARDED TO DELOITTE AND TOUCHE, L L P IN THE NOT TO EXCEED AMOUNT OF $50,000 FOR 2000, $62,750 FOR 2001 AND $65,900 FOR 2002 FEES FOR 2003 AND 2004 WILL BE BASED UPON THE CONSUMER PRICE INDEX FOR THE DALLAS METROPLEX) WHEREAS, the City's current agreement with Deloitte and Touche, L L P expired after the completion of the firm's audit services for the fiscal year ending September 30, 1999, and WHEREAS, m response to requests for proposal, Deloitte and Touche, L L P was the best and only proposal received for auditing, and WHEREAS, the City Manager recommends and the City Council deems it in the public ~nterest that the City enter into a professional services agreement for independent auditing servmes wtth the Deloitte and Touche for the fiscal years ending September 30, 2000, September 30, 2001 ~and September 30, 2002 wtth the City's option to extend the agreement for two additional fiscal years ending September 30, 2003 and September 30, 2004, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS SECTION 1 That the City Manager is hereby authorized to execute, on behalf of the City, a professional services agreement for auditing services between the City and Deloitte and Touche, L L P for independent auditing services, in substantially the form of the agreement which is attached hereto and incorporated by reference herein SECTION 2 That City Manager is hereby authorized to expend the funds and to undertake the obligations as set forth In the attached agreement SECTION 3 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ,2000 EULINE BROCK, MAYOR ATTEST' JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 PROFESSIONAL SERVICES AGREEMENT FOR AUDITING SERVICES STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, is made and entered into as of the __. day of 2000, by and between the City of Denton, a Texas Municipal Corporation, with its pnnclpal office at 215 E McKnmey Street, Denton, Denton County, Texas 76201 (hereinafter referred to as "CITY") and Deloitte & Touche, L L P, with an office at 2200 Ross Avenue, Dallas, Texas 75201-6778 (hereinafter referred to as ("AUDITOR") acting herein, by and through their duly authorized representatives WHEREAS, CITY desires to engage AUDITOR to provide audit services as herein defined, and WHEREAS, AUDITOR is wflhng to provide such services to CITY, NOW THEREFORE, in consideration of the promises and mutual undertakings herein contained, the parties agree as follows 1 Engagement of Auditor The CITY hereby contracts with AUDITOR, as an independent contractor, and the AUDITOR hereby agrees to perform the services herein in connection with the engagement as stated in the Articles to follow, with diligence and m accordance with the highest professional standards customarily obtained for such services in the State of Texas The professional services to be performed by AUDITOR are in connection with the engagement described in Article 2 below 2 Scope of Services The AUDITOR shall perform the following services A The AUDITOR will perform the annual antht of CITY's general purpose financial statements Such audit will be conducted in accordance with generally accepted andltlng standards, Government Audltin~ Standards. issued by the Comptroller of the United States, the Single Audit Act of 1996, and the applicable OMB Circular, Audits of State and Local Governments, and any other applicable regulations as set forth by federal, state, or local regulating bodies, particularly the Governmental Accounting Standards Board as they may now read or may hereinafter be amended B AUDITOR wall ~ssue a management letter to CITY reporting any material weaknesses an CITY's mt~mal accounting controls d~scovered dunng the annual and~ts of CITY's fiaancml statements C AUDITOR will perform the annual comphance audat and stngle audit of CITY's federal financial asmstance programs Such audit will be conducted m accordance wath generally accepted and~tmg standards, Government Aud~t~n~ Standards. ~ssued by the Comptroller of the Umted States, OMB's Comphance Sunnlement for S~n~le Audits of State and Local Governments, the apphcable OMB C~mular. Audits of State and Local Governments, and AICPA Statement on Auditing Standard No 63, Comnhance Aud]tm~ Apphcable to Governmental Ent]t~es and Other Remments of Governmental Fmancml Assistance. and any other appheable regulataons as set forth by federal, state, or local regulatmg bodies, particularly the Governmental Accounting Standards Board as they may now read or hereinafter be amended D AUDITOR will perform all professional servmes as defined m the Proposal to Serve document dated April 2000 attached hereto as Exhthtt "A", which ~s incorporated by reference herewith, together w~th those professional services outhned In the annual, officially accepted and agreed-upon Engagement Letters to be attached as Amendments Number One (1) through Two (2) hereto ~n the event the C~ty exemases ~ts opt]on years under sectton 3 and 6 ofttus agreement These two (2) amendments will be attached at the beg~umng of each annual engagement E Dunng any fiscal year covered by thas Agreement, CITY may request AUDITOR to provide servmes in addmon to the services prowded hereunder AUDITOR may, at ~ts option, agree to prowde such addmonal services upon terms and condttmns as mutually agreed upon and outhned m Appendix A Rates ~n Appendix A reflect the first fiscal year (year ending September 30, 2000) rates These rates will be adjusted annually using the Consumer Price Index for the Dallas metroplex for March of each year The March 2000 CPI will be used as the base year 3 Duratmn of Agreement Thas Agreement for aucht servzces as specafied here~n for the finanmal statements of CITY pertmns to CITY's fiscal years en~hng September 30, 2000, September 30, 2001 and September 30, 2002 and, if CITY exercises ats optmn pursuant to Artmle 6, CITY's fiscal years endang September 30, 2003 and September 30, 2004 Th~s Agreement may be sooner terminated in accordance w~th the prov]smns hereof If the CITY exermses the two option years, the extensmn shall be considered part of this Agreement This extension will be documented by the CITY's receipt and offimal wntten acceptance of the annual engagement letter for the fiscal years ending September 30, 2003 and September 30, 2004 Auditing ServLces Agreement - Page 2 4 Completxon of Services AUDITOR's financial and comphance audit work shall be completed no later than December 30, aider the CITY's fiscal year end The City's Controller should be able at this tmae to begin preparation of the Comprehensive Annual Financial Report ("CAFR") The CAFR should be avmlable for pnnt by the 2nd Monday m January following the end of the latest fiscal year ALrl)ITOR's completion of the comphance and audit work for the CITY ~s subject to avaflabahty of the CITY's records The AUDITOR shall make all reasonable efforts to complete the services set forth here~n as expedmously as possible, and to meet the schedule estabhshed by the CITY, aetmg through its City Manager or his designee Responsibilities of the C~ty CITY understands that the proper and timely completion of AUDITOR's services hereunder reqmres the reasonable cooperation of CITY (including, without limitation, its agencies, and their respective officers, directors, employees, other personnel and agents) CITY agrees to provide all such reasonable cooperation requested by AUDITOR, including, w~thout limitation, the following A Access to, and/or copies of CITY's books and records, B Access to CITY personnel, C Office space and access to support services such as copying and telephone, D Written representations from CITY's attorney's, both internal and external, the latter may bill CITY for such services, E Written representations from CITY about the financial statements and other matters, and F Closing of CITY's books and records of acconnt ~n accordance w~th laws, regulations and professional standards apphcable to the services provided hereunder City agrees w~th the pmvls~ons contained m the engagement letters, ff any, for each of the option fiscal years, as v~ll be attached m Amendments One through Two at the begmmng of each annual ezagagement 6 Renewal CITY may request renewal of this Agreement for two additional one-year periods for CITY's fiscal years endmg September 30, 2003 and September 30, 2004 CITY shall exercise ~ts renewal option for the one year period ending September 30, 2003 by March 31, 2003 CITY shall exercise its renewal optmn for the one-year period ending September 30, 2004 by March 31, 2004 If the CITY does not elect to exercise these options for renewal of this Agreement for these two add~Uonal one year periods, then CITY and AUDITOR agree that CITY may then ~ssue requests for proposals for the fiscal years ending September 30, 2003 and September 30, 2004 Audmng Services Agreement - Page 3 7 Compensation A CITY shall pay AUDITOR for t~me charges and expenses incurred AUDITOR's standard hourly rate vanes according to the degree of responsablhty revolved and the experience level of the personnel assigned to CITY's audit Except as prowded hereunder, AUDITOR's fees for the performance of the services described in Sect~en 2 shall be limited by the not to exceed figures set forth herein and charged at the rates set forth under Appendix A For the fiscal years ending September 30, 2000, 2001, 2002, and if apphcable, optmn years 2003 and 2004, shall not exceed these respective amounts $55,000 for 2000, $62,750 for 2001, $65,900 for 2002 Should the City choose to exercise 1ts optmn for the renewal ofth~s agreement m years 2003 and 2004, Auditor fees will be adjusted annually using the Consumer Price Index for the Dallas Metroplex and the year ended September 30, 2002 as the base year B CITY and AUDITOR recognize that the scope of services and compensation under this Agreement are predicated upon 0) current audit requirements imposed by laws, regulations and professmnal standards relating to such services, (il) expectations of reasonable cooperation w~th AUDITOR by CITY pursuant to this Agreement, and (m) the absence of any ~rregulant~as or circumstances which might necessitate the extension of audit services beyond the normal scope of audmng services C Should (1) irregularities, (~) the absence of such reasonable cooperatmn, (m) increase in thc level of services reqmred under apphcable laws, regulations or professional standards, or 0v) other unforeseen condmons be encountered which m~ght necessitate the extension of audmng work beyond the scope of normal auditing procedures, AUDITOR agrees to advise CITY promptly m writing of the c~rcumstances and to request an eqmtable adjustment m the maximum fee before sagmfieant addmonal t~me ~s recurred by AUDITOR Any such requests for adjustments shall be in writing and shall contain an explanatmn of why the adjustments are necessary D CITY and AUDITOR agree to negotiate m good faith to determine an eqmtable adjustment an the maximum fee Should CITY and AUDITOR be unable to agree upon an eqmtable adjustment within fourteen (14) days of AUDITOR's written request, or such other t~me period as agreed upon an writing by CITY and AUDITOR, e~ther party may, notwithstanding any other provls~on mttus Agreement, terminate th~s Agreement upon tturty (30) days written notice to the other party CITY shall be hable for t~me charges and expenses actually recurred by AUDITOR except for any such add~tlonal t~me and expense which has been recurred as a result of the circumstances necessitating the adjustment Auditing Services Agreement - Page 4 8 Billing and Payment A AUDITOR shall submit peno&c detmled itemized invoices for time charges and expenses recurred as the semees hereunder are performed satisfactorily in accordance with this Agreement Such invoices are payable upon presentation CITY will be in material breach of this Agreement if CITY's account becomes mnety (90) days or more overdue AUDITOR may, at its sole option and without waiver of any rights pursuant to the termlnatlon provision in thts Agreement or otherwise, suspend its services and resume them upon receipt from CITY of the full amount due AUDITOR which has been submitted by invoice to CITY B Partial payments to AUDITOR will be made on the basis of detailed itemized statements rendered to and approved by the CITY through its City Manager or his designees, however, under no circumstances shall any statement for services exceed the value of the work performed by AUDITOR at the time a statement is rendered C Nothing contained an this Section shall require the CITY to pay for any work which is not subnutted in compliance with the terms of this Agreement CITY shall not be required to make any payments to the AUDITOR when AUDITOR is in material default under this agreement for more than 30 days after receipt of written notice of such default from CITY D It is specifically understood and agreed that AUDITOR shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the CITY for any charge, expense or reimbursement above the maximum not to exceed fee as stated without first having obtained written authorization fi.om the CITY 9 Ownership of Workpapers, Documents, and Property A All workpapers of AUDITOR shall remain the property of AUDITOR In addition, to the extent that AUDITOR utilizes any of its property (including, without hmltatlon, any hardware or software of AUDITOR or any proprietary or confidential information or trade secrets of AUDITOR) m performing the serwces hereunder, such property shall rem/un the property of AUDITOR, and CITY shall acquire no right or interest in such property B Except for the workpapers and other documentation described m Section 9 A above, all documents prepared or furnished by the AUDITOR for delivery to CITY pursuant to this Agreement are instruments of service and shall become the property of the CITY upon the termination of this Agreement, and full and final payment of all undisputed amounts owed AUDITOR hereunder The AUDITOR as entitled to ret/un copies of all such documents Auditing Services Agreement - Page 10 Independent Contractor AUDITOR shall provide services to CITY as an independent contractor, not as an employee of the CITY AUDITOR shall not have or clam any right anang from employee status 11 Indemnity Provmon AUDITOR shall mdenmlfy and save and hold harmless the CITY and its officers, agents, and employees fi.om and against any and all liability, clams, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney fees incurred by the CITY m each case solely for injury, death and physical damages to real or tangible personal property to the extent resulting fi.om the negligent acts or omissions of the AUDITOR or its officers, partners, agents, or employees m the execution, operation, or performance of this Agreement, except that the mdemmty provided for m this Section shall not apply to any hablllty resulting fi.om the sole negligence of CITY, its officers, agents, employees or separate contractors, and m the event ofjolnt and concurrent negligence of both AUDITOR and CITY, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas As a conthtlon to the foregoing mdemmty obhgatlon, CITY shall provide AUDITOR with prompt notice of any clam for which mdemmficatlon shall be sought hereunder and shall cooperate m all reasonable respects with AUDITOR in connection with any such claim AUDITOR shall be entitled to control the handlmg of any such clam, with full disclosure of any and all claims, and actions taken thereunder, to the CITY, and AUDITOR shall be entitled to defend or settle any such claim, in its sole discretion, with counsel of its own choosing Nothing tn tins agreement shall be construed to create a liability to any person who is not a party to this A~greement and nothing herein shall waive any of the party's defenses, both at law or eqmty, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental lmmumty, which defenses are hereby expressly reserved 12 Insurance Dunng the performance of the Services under this Agreement, AUDITOR shall maintain, throughout the duration of this Agreement, the following insurance A Professional Liability Insurance with policy limits of not less than $1,000,000 annual aggregate, with respect to negligent acts, errors, or omissions m connection with the professional services performed by AUDITOR pursuant to this Agreement Auditing Servmes Agreement - Page 6 B AUDITOR shall furnish insurance certificates or insurance pohcles at CITY's request to evidence such coverage The insurance policy shall contain a provision that such policy shall not be cancelled or modified without thirty (30) days prior written notice given by the Insurance canner to CITY and AUDITOR In the event of cancellation or non- renewal of such coverage, AUDITOR shall, pnor to the effective date of the non-renewal or cancellation, deliver to CITY a Certificate of Insurance evidencing that a substitute policy furnishing the same coverage is m full force and effect 13 Arbitration and Alternate Dispute Resolution The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation No arbitration or alternate dispute resolution arising out of or relating to this Agreement revolving one party's disagreement may include the other party to the disagreement without the other's approval 14 Termination of Agreement A Notwithstanding any other provision of this Agreement, either party may tenmnatc by glvlng thirty (30) days advance written notice to the other party B This agreement may be terminated in whole or in part In the event of either party substantaally failing to fulfill its obligations under this Agreement No such termination will be effected unless the other party is given (1) written notice (delivered by certified mall, return receipt requested) of intent to terminate and setting forth the reasons speclfymg the nonperformance, and not less than 30 days to cure the failure, and (2) an opportumty for consultation with the terminating party prior to termination C If the agreement is terminated prior to completion of the services to be provided hereunder, AUDITOR shall lmmechately cease all services and shall render a final bill for services to the CITY within 30 days after the date of termination The CITY shall pay AUDITOR for all services rendered and satisfactorily performed and for reimbursable expenses recurred prior to the date of termination in accordance with the terms of this Agreement Should the CITY subsequently contract with a new AUDITOR for the continuation of services on the audit engagement, AUDITOR shall reasonably cooperate in providing information in accordance with, and to the extent required by, applicable professional standards The AUDITOR shall mm over all documents prepared or furnished by AUDITOR for delivery to CITY pursuant to this Agreement to the CITY on or before date of termination, but may maintain copies of such documents for its own files Auditing Services Agreement - Page 7 15 Subcontracting Neither this Agreement, nor the aucht services to be provided hereunder may be assigned or subcontracted without prior wnttan approval of CITY 16 Retention Of and Access To Records For a period of five years after the date of AUDITOR's report on any audit completed hereunder, upon reasonable written notice to AUDITOR and CITY, representatives of the cogmzant audit agency (or its designee), the Texas state andltlng agency and the United States General Accounting Office shall be entitled dunng AUDITOR's regular business hours dunng the smd five year period to respect and designate for copying AUDITOR's audit workpapers relating to such completed audit Copies will be made at CITY's or requestor's expense by, or under the control of AUDITOR 17 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 Umted States mall at the address shown below, certified mall, return receipt requested, unless otherwise specified hereln To AUDITOR To CITY Deloitte & Touche, L L P City of Denton, Texas Texas Commerce Tower, State 1600 Michael W Jez, City Manager 2200 Ross Avenue 215 E Mcganney Dallas, TX 75201-6778 Denton, Texas 76201 Attn Terry gale All notices shall be deemed effective upon receipt by the party to whom such notice is given 18 Entire Agreement This Agreement, including all Exhibits and Amendments annexed hereto and made a part hereof, constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all other oral or written representations, understandings or agreements relating to the subject matter hereof Neither party shall be bound by the provlslons of any pre- pnnted or other wnttan terms and conditions subsequent tot he date of this Agreement relating to the subject matter hereof unless such addtuonal terms and conditions are made effective pursuant to the Amendments subsection of tlus section Auditing Services Agreement - Page 8 19 Severabihty If any provision of tbas Agreement 1s found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remmnder of this Agreement and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall reform tbas Agreement to replace such stricken provlmon with a vahd and enforceable provision wl~ch comes as close as possible to expressing the Intention of the stricken provision 20 Compliance With Laws The AUDITOR shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the professional services performed pursuant to this Agreement, as they may now read or may hereafter be amended 21 Employment Practices/Discrimination Prohibited In performing the services required hereunder, AUDITOR shall not discriminate against any person on the basis of race, color, rehgion, sex, national origin or ancestry, age, or physical hand~cap, AUDITOR agrees that in connection w~th the services to be prowded to CITY hereunder that it will comply with all applicable laws and regulations regarding employment dasenm,natlon 22 Personnel/Conflicts of Interest A AUDITOR represents that it has or will secure at its own expense all professional and support personnel reqmred to perform all the services required under flus Agreement Such personnel shall not be employees or officers of, nor have any contractual relations with CITY AUDITOR shall reform the CITY of any conflict of interest under the professional standards of the AICPA or the Texas State Board of Public Accountancy that may be discovered or arise dunng the term of this Agreement B All services required hereunder will be performed by AUDITOR All personnel engaged an work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services 23 Assignability AUDITOR shall not assign any interest m th~s Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the CITY Audttmg Services Agreement - Page 9 24 Mochficatlon or Amendment A No watver or modaficatlon of this Agreement or of any covenant, condition or limitation hereto contmned shall be valid unless in writing and duly executed by the party to be charged therewith and no evidence of any wmver or modfficatlon shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting thts Agreement, or thc rights or obhgaUons of the parties hereunder, unless such wmver or modfficat~on ~s in writing, duly executed, and, the parties further agree that the promslons of th~s section will not be w~uved unless as herein set forth B No amendment of ttus Agreement shall be valid unless in writing and signed by both parties 25 Force Majeure Notwithstanding any other provision in this Agreement, AUDITOR shall not be liable or held responsible for any failure to perform or delays ~n performing its obligations under flus Agreement, including but not hmltcd to, thc completion of thc audit and issuance of its report thereon, wfuch result from c~rcumstances or causes beyond AUDITOR's reasonable control, including, without limitation, acts or omissions or thc failure to cooperate pursuant to flus Agreement by CITY (including, without hm~tation, ent~tles or individuals under its control, or any of their respective officers, d~rectors, employees, other personnel and agents), fire or casualty, act of God, stoke or labor d~sputcs, war or other violence, or any law, order or requirement of any governmental agency or authority 26 Miscellaneous A Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas Th~s Agreement shall be governed by and construction accordance with the laws of the State of Texas B In accomphstung this engagement, AUDITOR shall take such steps as are appropriate to coordinate the work involved with related work being camed on by CITY C CITY shall assist AUDITOR by placing at the AUDITOR's disposal, all avmlable information pertinent to the engagement, including previous reports, any other data relative to the engagement, and arranging for the access to, and making all provisions for the AUDITOR to enter in or upon, public and private property as required for the AUDITOR to perform services under this Agreement Audmng Servmes Agreement - Page 10 D The headm§s of thas Agreement are for mfonnataonal purposes only and shall not an any way affect the substantive terms or condltaons of th~s Agreement E Each party represents that at as authorized to enter anto thas Agreement and that the md~vadual executing thas Agreement on behalf of the party, as authorized to enter into flus Agreement IN WITNESS WHEREOF, the Caty of Denton, Texas has caused th~s Agreement to be executed by ats duly authorized CRy Manager, and AUDITOR has executed this Agreement by and through tts duly authorized undersagned D~rector on thas the day of ., 2000 "CITY" CITY OF DENTON, TEXAS BY MICHAEL W JEZ, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ATTEST Auditing Services Agreement - Page 11 APPENDIX A Special Project Rates Partners $200 - 300 Managers $120 - 180 Supervisory Staff $ 80- 100 Staff $ 55- 75 (see Page 4 of Deloitte & Touche Proposal to Serve) Auditing Services Agreement - Page 12 Deloitte& Touche ~ Deloitte & Touche LLP Telephone (214)777-7000 Sure 1600 Chase Tower 2200 Ross Avenue Sune 4, [999 Dallas Texas 75201-6778 C~ty of Denton Atl~ Ms Kathy DuBuse 215 East McKanney Denton, TX 76201 Dear Ms DuBose We are pleased to serve as independent accountants and au&tors for the City of Denton (the "City") for the year ending September 30, 1999 Mr Terry Kale vail be responmble for the servmes that we perform for the C~ty It vail be the respons~bthty of Mr Kale to ensure that the City receives quality service Mr Kale vail, as he considers necessary, call on other md~viduals vath specialized knowledge, either m th~s office or elsewhere m our firm, to assist m the performance of our serx~ces Whale auditing and reporUng on the City's £manmal statements for the year ending September 30, 1999, m the servwe that we are to prowde under flus engagement letter, we would also be pleased to assist the Cfly on tssuss as they arise throushout the year Hence, we hope that the C~ty vail call Mr Kale whenever management behevas he can be of assistance Thru letter sets forth our understanding of the terms and objectives of our engagement, the nature and scope of the servmas we vail prowde, and the related fee arrangements Audit of Finanmal Statements and Other Renortm~, We vail audit the general purpose £manmal statements of the City of Denton for the year ending September 30, 1999 In addmun, we vail audit the City's comphance vath laws and regulaUons related to federal and state awards, and report on the City's Schedule of Expenditures of Federal and State Awards Our audits vall be conducted m accordance vath generally accepted auditing standards, standards applicable, to financml audits contained m Government Auditing Standards, msued by the Comptroller General of the Umted States, Office of Managament and Budget Circular A-133, Audits of Statez, Local Governments and Non-profit Orgamzattons, and the State of Texas Untform Grant Management Standardz We vall plan and perform our andlt to obtain reasonable assurance about whether the financial statements are free of matenal rmsstatement, whether caused by error or fraud, and we vall perform tests of the City's comphance vath certain provisions of laws, regulations, contracts, and grants However, because of the oharaotenstms of fraud, pamcularly those revolving concealment and falsified documentation (including forge~), a properly planned and performed audit may~not detect a material mlsstatement Therefore, an audit conducted m accordance vath generally accepted auchtmg standards is designed to obtain reasonable, rather then absolute, OeleitteTeuehe Tohmatsu , assurance that the financial statements are free ofmatenal misstatement An audit is not detained to detect error or fraud that ~s immaterial to thc financial statements or to detect ~mmatenal msiances of noncomphance As part of our aucht, we w~ll consider the City's internal control and assess control risk. as reqmred by generally accepted aud~tml standards and Government.4udmng Standards, for the purpose of estabhshmt a basis for determining the nature, t~mmg, and extent of auditing procedures necessary for expressml an opinion on the financial statements, and not to prowde assurance on the City's internal control or to identify reportable condit~ons An au&t includes examining, on a test basis, ev~danoe suppomng the amounts and &sclosures m the finenclal statements; therefore, our au&t vall revolve judgment about the number of transactions to be examined and the areas to be tested An audit also includes assessing the accountmt pnnclples used and significant esttmates made by management, as well as evaluating the overall financial statement presentation Our auditing procedures vall include tests of documentary ewdence suppomng the transactions recorded m the accounts, and may include tests of the phymcal existence of mvantonas, and dn-ect confurnat~on ofrece~vables and certain other assets and habllmes by correspondence vath selected individuals, emthtors, and fmanmal mstflutlons We vail make audit mqmnes and request written responses from your attorneys as part of the engagement, and they may bill you for responding to this inquiry As pan of our aucht of compliance vath the requtrements of major federal and state programs, we vail obtain an understanding of the City's internal control related to admmlstenng major federal and state programs and we vail assess risk as requn-ed by OMB Cncular A-133 and Texas' smile audit circular for the purpose of estabhsh~ng the nature, ttmmt, and extent of auditing procedures necessary for expressing an opmlon concermnt compliance vath laws and regulations related to major federal award programs As reqmred by OMB Cu-cular A-133 and the state smile audit c~rcular, our audit of comphance vall also include tests oftransacttons related to federal and state award programs for comphance vath apphcable laws and regulatmns However, becanse of the concept of reasonable assurance and because we vall not perform a detailed examination of all transacttons, there is a risk that matenal errors, fraud or tllelal acts may eyast and not be detected by us We vall advise you, however, of any matters of that nature that come to our attention, and vail include such matters m the repons reqmred for an audit m asenrdance vath OMB Clreular A- 133 Our responsibthty as auditorS Is hm~ted to the period covered by our aucht and does not extend to matters that anse dunng any subsequent periods for wluch we have not been engaged as auditors or for which we have performed no substantive au&tmI procedures. The object~ve of an audit earned out m accordance vath the standards descnbed above ~s (I) the expression of an opinion concerning whether the financial statements present fatrly, m all matenal respects the fmanmal pomt~on, results of opemt~ons, and cash flow of the C~ty m conformity vath generally accepted accountmt principles, (2) reporting on the internal control relevant to an audit of the financial statements, (3) reportmg on the C~ty's comphance vath laws and regulauons (including the Texas Public Funds Investment Act), which could have a matenal effect on the financial statements, (4) raportmg on whether the schedule of expenditures of Deloitte & 2 Touche federal end state awards Is fairly stated m all material respects when considered m relation to the basic financial statements taken as a whole, (5) the reponm$ on our determination as to whether the City's internal control pro,ades reasonable assurance of comphence vath federal laws end other laws end regulations, (6) the expression of en opinion on whether the City complied with specific terms end condiUons of its major federal end state programs, end (7) preparation cfa schedule of findings and questioned costs to summarize the results of the audit m accordance vath the requirements of OMB Ch-~ular A-133 The report on our understanding of the City's mtemal conlrol end the assessment of control nsk made as part of the City's fmenclal statement audit vail include (I) the scope of our work In obtaining an onderstandmg of the City's internal control end In assessing the conlrol nsk end (2) the reportable conditions, including the Identification of material weaknesses identified as a result of our work m understanding end assessing the conlrol nslc In addition, we vail render a report on ~llegal acts, as required, depenchng on the results of our audit procedures We vall complete and sign one copy of the auditor's reformation section of the Data Collection Form City management must prepare all other sections of the form end slgn the form pnor to Its subrmssion to the Federal Bureau of the Census Our ability to express an oponon and render those reports, end the wording of our opinion end reports, will, of course, be dependent on the facts end circumstances at the date of such reports If, for eny reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opuuon or decline to ~ssue a report as a result of thls engagement. If we are enable to complete our audit or if our auditors' reports requLre modification, the reasons therefor vail be discnssed vath City management and the Audit Comrmttee. We understand that our reports on the City's internal control, as part of the f'menclal stetement audit end on compliance with laws and regulations, are intended for the reformation of the audit committee, management, and the 8rentm8 agencies Neither our audit of the C~ty's financial stetements for the year ending September 30, 1999, nor eny other services prowded pursuant to tlus engagement letter, vail provade eny assurances, nor vail we express eny opinion, that the City's systems ur any other systems, such as those of the City's vendors, serwoe providers, customers, component units, unconsohdated subsidiaries or .Iomt ventures m wluch the City has en investment, or other third parties, are year 2000 comphent. In addition, we are not engaged to perform, nor vall we perform as part of this engagement, any procedures to test whether the City's systems or eny other systems are year 2000 comphant or whether the plens and actiwties of the City or any third pames are anffic~ent to address end correct system or eny other problems that nught arise because of the year 2000, nor vail we express any opnuon or pro,nde eny other assurances vath respect to these matters Manaeement's Res~onslbthtv The fmenclal stetements are the responslb~hty of management In ttns regard, management has the responsibility for, among other tlunga, estabhshmg and maintaining effective internal control Deloitte & 3 Touche over £manclal reporting, for properly recurdmg iransact~ous m the accounting records, for making appropriate accounting estimates, for safe~umimg assets, for the overall accuracy of the financml statements and their confonmty with 8enerelly accepted accounting pnnclples, and fur mal~ng all financial records end related mformat~on available to us Management ~s also responsible for comphance with laws, regulations, contracts, and grants, and for estabhshmg and mamta~nutg effective internal control to ensure suoh oomphance vath those requnmnents apphcable to its aot~wt~as We vail adwse you about accounting prmolples end their apphoauon and will assist m the preparet~on of your financzal statements, but the respons~b~hty fur thc financial statements remains with you We vall make specific mqumes of management about the representations embodied m the financial statements As part of our audit procedu~s, we will request that management provide us vath a n,'prescntat~on letter aclmowledgmg management's responslblhty for the preparation of the £mancial statements and fur comphance with laws and regulations apphcable to federal and state award pro,'ams, and confirrmng eertam representations made to us dunng our audit The responses to those mqumes and related written representaUons of management required by generally accepted auditing standards are part of the evidential matter that we will rely on as auditors ut forming our opuuon on the City's financial statements Because of the importance of mauagement's representauons, the C~ty a~rees to release and mdemmfy Deloitte & Touche LLP and ~ts personnel from all clauns, habilit~es, and expenses relating to our serwces under tlus ensagement letter attributable to any m~srepresentat~on by management. Other Commumcat~ons Anstne ~Iom the Audit In connectutn with the plarmmg and the performance of our audit, generally accepted auditing commumoated to the Audit Conumttee, C~ty Coonc~l, or management, as eppropnate We will report du~ctly to the Audit Committee any fraud ofwhlch we become aware that mvolvas son,ur management, and any fraud (whether caused by semur management or other employees) of wluch we become aware that causes a material nusstatement of the financml statements. We will report to senior menagement any fraud perpetrated by lower level employees ofwluch we become aware that does not cause a material rmsstatement of the financial statements, however, we vall not report such matters directly to the Audit Committee, unless otherwise directed by the Audit Comnuttee We wffi utform the appropriate level of management of the City and ensure that thc Audit Committee Is adequately reformed vath respect to ~egal acts that have been detected or have othervase come to our attention m the course of our audit, unless the Illegal act ~s clearly inconsequential If, after deternunmg that the Audit Conumttee has been adequately reformed of an illegal act that has been detected or which has otherwise come to our attention m the course of our aucht, we conclude that (l) the Illegal act has a utatenal effect on the financial statements, (2) senior management has not taken, and the City Coonctl has not caused senior manasemont to take, tunely and approlmate remedial actions with respect to the illegal act, and (3) the failure to take appropriate remedial act~ous is hkely to result m a departure from the standard auditors' report or warrant our res~uat~on from the audit engagement, we vall directly report our conclusions to the City Council and take such actions as are required by state or federal law to report such matters Deloitte & , Teuche to funding agrnc~cs and appropnate legal authonUes We wall also report dlreotly to City management and the Audit Committee matters coming to our attention dunng the course of our aucht that we beheve are reportable condltlons Reportable conditions are significant deficiencies tn the design or operation of internal control that could adversely affect the City's ability to record, process, summarize, and report financial data consistent wath the asseraons of management m the £mancial statements In addition we vall communicate to the Audit Committee certain other matters relating to the conduct of our audit, including, when applicable Our responsibility as auditors under generally accepted audiUng standards, Government Auditing Standards and OMB Clreular A-133 · Slgnlficent accounting policies · Managemant judgments and accounting estunatos · Significant audit adjuslments (recorded and unrecorded) · Other reformation m documents containing audited £man¢lal statements · Disagreements wath management · Consultation by managemant wath other accountants on significant matters · Difficulties encountered in performing the aucht · Major ~ssuas discussed wath management pnor to our retention as auditors We may also have other comments for management on matters we have observed and possible ways to improve the efficiency of the City's operations or other recommendations concerning internal control With respect to these other communications, it is our practice to chscuss all comments, if appropnate, wath th~ level of manasement responsible for the matters, pnor to their commumcation to san~ur management and/or the Audit Committee Coordination of the Audit We understand that the City's employes wall type all cash or other confirmations that we request and wall locate any mvmoes selected by us for testing Other assistance to be supplied by your personnel, including preparation of schedules and analyses of accounts, is described m a separate attachment Timely completion oftbas work wall facilitate the conclusion of our audit We are, of course, available to assist you m other areas that might arise Ilal0i & 5 Tnuche ~C0~S tO Working, Paners by Remllators In accordance vath the reqmrements of Government Audittng Standard~ and of the Single Au&t Act Amendments of 1996, we are requtred to provide access to our worlang papers and photocop~as thereof to a federal aganoy or the Complroller General of the Umted States upon tbe~r request for their regulato~ oversight purposes If such a request ~s made, we vail reform you prior to prowdmg such access The worlong papers for flus engagement are the property of Daloitte & ~Touohe LLP and constflute confidantml mformat~on Access to tbe requested worlang papers vail be provided to represantat~ves of the Umted States General Accounting Office or other approlmate government audlt staffs under the superws~on ofDelofllo & Touche LLP audtt personnel and at a location dest~nated by our firm If photocopies are requested, we vail mark all mfonnat~on as confidentlal and maintain control over tbe duphoation of all mfonnat~on. All professional and adnumsiratlve senncas relating to such access (including photocopying) vail be char~ed as an addttlonal expense to the engagement The worlang papers relating to flus au&t vall be retained by us for a nummum of five years from the date of the reports issued, or such longer period as may be requu'ed to satisfy legal and adnumslrat~ve requirements Professional Fees Our fees for theee services S46,116, including expensas Tins fee assumes the no involvement by the mtomal auditor Our mvolcas for these fees vail be rendered as work prol~resses and are payable on presantat~on We appreciate the opportumty to be of serwce to the C~ty of Denton If you have any questions, please let us know Iftbe above terms are asceptable to the C~ty and the senncas outlined are m accordance w~th your understanding, please s~gn the enclosed copy of flus letter In the space pro,aded and return it to us Yours truly, Accepted and ag~ed to by the City of Denton Date ~ Deloitte & Touche AGENDA INFORMATION SHEET r~O~da~l° ,a4~enda Item, AGENDA DATE: June 20, 2000 / DEPAR~IENT: Planmng Department CM/DCM/ACM: David H]ll, 349-8314 SUBJECT - Z-99-104 (WheelerRtdgeDetadedPlan) Hold a pubhc heanng and cons]der approving a Detailed Plan for approximately 253 acres m the Planned Development 170 (PD-170), Planned Development 172 (PD-172), and Planned Development 176 (PD-176) zoning districts The property is generally located southeast of the ~ntersect]on of Robinson Road and Teasley Lane (FM 2181) The intent ~s to develop a single- famfly resldentml subdivision of epprox]mately 850 lots The Planmng and Zoning Commission recommends approval (3-2) with condltmns BACKGROUND The developer ~ntends to build a residential subd]ws~on of 844 lots on a 253 36 acre tract (see Attachment 1 - Enclosure 1) which currently encompasses the Concept Plans for PD-170, PD- 172 and PD-176 (see Attachment 1 - Enclosure 2) Lots will vary in size from 10,000 square feet to 5,750 square feet 47 5 acres, or about 18 75% of the property, will be dedicated parkland and open space, and recreational amenmes will be prowded as the property develops The overall density of the development will be 3 34 tm~ts per acre ~ The prgposed development is cons]stent w~th the 1999-2020 Denton Comprehensive Plan as well as,the approved Concept Plans for PD-170, PD-172 and PD-176 ~ Because the Concept Plans for PD-170, PD-172 and PD-176 were approved after April 8, 1998, tbas apphcat]on ~s exempt from the Interim Residential Development Regulations (Ordinance No 2000-046) ~ Nme (~) property owners were not~fied of the zomng request Two (2) responses have been received m opposition to the request totahng approximately 1 6% (see Attachment 1 - Enclosure 4) PRIOR ACTION/REVIEW The following Is a chronology ofZ-99~104, commonly known as Wheeler R~dge Detmled Plan Appllcat~on Date - December 7, 1999 DRC Date(s) - December 30, 1999, April 13, 20000 P&Z Date - May 24,2000 ESTIMATED PROJECT SCHEDULE Th~s property is not platted and w~ll need to be platted before development bcgms A prehmlnary plat has been submitted and is currently under staff review FISCAL INFORMATION Development of flus property will ~ncrease the assessed value of the city, county, and school d~stnct P&Z RECOMMENDATION The Planning and Zomng Comm~ssmn recommends approval (3-2, Moreno and Wdhams opposed) of this zomng request w~th the following conditions 1 A 40' to 50' w~de access easement from the common area in the northeastern area of the Detailed Plan to the southeast comer of the ten acre commercial area at the comer of Teasley and Robinson w~ll be provided 2 Traffic ~mprovements, as outhned in the letter from the developer to C~ty of Denton staff dated May 2, 2000 and attached hereto as Exbablt C, shall be reqmred 3 If Denton County falls to purchase the nght of way dedmatmn reserve at the northwest comer of the adjacent Wynstone at Oakmont development, the applicant shall pay for the purchase of the property, as outlined ~n the letter from the developer to C~ty of Denton staff dated May 2, 2000 and attached hereto as Exhibit D Condition 1 has been incorporated ~nto a revised Detailed Plan (see Attachment 3 - Exhibit B) OPTIONS 1 Approve as submitted 2 Approve w~th cond~tmns 3 Deny 4 Postpone consideration 5 Table atem ATTACHMENTS 1 Planning and Zomng Comm~ssmn Report, May 24, 2000, Z-99-104 2 Planmn§ and Zomng Comm~ssmn minutes from May 24, 2000 3 Draft Ordinance Respectfully submitted Douglas S }owell, ACII~ Director of Planning and Development Prepared by /'Thomas B Gray Planner I 2 ATTACHMENT 1 /~genda No ¢~- t~! PLANNING AND ZONING COMMISSION ?g0.a m, *' I! Sublect Wheeler R~dge Case Number Z-99-104 Staff Thomas B Gray, Planner I Aaenda Date May 24, 2000 Hold a pubhc heanng and consider making a recommendation to C~ty Council regarding a Detailed Plan for appmmmately 253 acres in the Planned Development 170 (PD-170), Planned Development 172 (PD-172), and Planned Development 176 (PD-176) zoning d~stncts The property ~s generally located southeast of the ~ntersecbon of Robinson Road and Teasley Lane The intent Is to develop a single-family residential subdw~s~on of appmmmately 850 lots LOCATION MAP Location Generally east of Teasley between Robinson and Hickory Creek Size 253 36 acres Z99 ~0~ 3 Owner and Applicant' Wheeler R~dge L P 5225 Village Creek Dnve, Suite 400 Piano, Texas 75093 The developer ~ntends to build a residential subdlwslon of 845 lots on a 253 36 acre tract (see enclosure 1) which currently encompasses the Concept Plans for PD-170, PD-172 and PD-176 (see enclosure 2) Lots will vary in s~ze from 10,000 square foot minimums to 5,750 square foot minimums (see S~te Development Data in enclosure 1 for breakdown) 47 5 acres, or about 18 75% of the property, will be dedmated parkland and open space, and recreational amenities will be provided as the property develops The overall density of the development w~ll be 3 34 un~ts per acre Because the Concept Plans for PD-170, PD-172 and PD-176 were all approved after April 8, 1998, th~s development ~s not subject to the regulations and procedures of the intenm development regulabons for residential development (Ordinance 2000-046) 1999-2020 Denton Comprehensive Plan Analysis The 1999-2020 Denton Comprehensive Plan places th~s property w~th~n a Neighborhood Centers area Neighborhood Centers are intended to be ~nward-onented res~denbal d~stncts which focus on the center ofthe neighborhood These developments should locate the center of the neighborhood w~thln a 5- to 10-m~nute walking d~stance from the edge of the neighborhood The center should contain uses necessary to support the surrounding neighborhood such as serv~ce-onented retail or small professional offices Prows~on of open space, such as central neighborhood "greens" and floodplain preservation, ~s also encouraged in Neighborhood Centers Neighborhood Centers can also develop ~n conventional residential patterns Staff finds th~s,proposed rezon~ng to be consistent w~th the Comprehensive Plan 1. Transportation Transportation ~ssues such as tnp generabon and road capac;t~es were addressed at the Concept Plan stage The development as presented on th~s Detailed Plan ~s expected to generate 9,504 tnps per day (see Table 1 below) Th~s ~s actually a few hundred tnps less than the tnp generabon esbmated dunng Concept Plan analys~s Presently, th~s development w~ll have access to Teasley Lane and Robinson Road Future access will also be prowded to Hickory Creek Road, which will be extended across Teasley, and FM 2499, which ~s proposed to run along the east s~de of th~s development Teasley Lane, H~ckory Creek Road and FM 2499 are identified as pnmary major artenals by the 1998 Denton Mob~hty Plan, and Z 99 104 4 Robinson Road ~s ~dent~fled as a secondary major artenal (see enclosure 3) Both the north-south and east-west legs of Nowl~n Road w~ll be eliminated as this project develops The applicant has submitted a Traffic Impact Analys~s (TIA), which demonstrates what ~mpact th~s development w~ll have and what transportabon ~mprovements w~ll be reqmred to m~t~gate and absorb those ~mpacts Staff ~s negotiating these improvements w~th the apphcant (see Staff Analys~s below) Table 1 Proposed Trip Generation Land Use Average Trip Acres Estimated Lots Total Tr~p Generation* Generation S~ngle-Fam~ly 9 55 tr~ps/du/day 846 8,079 Parks 30 trips/ac 47 5 1,425 * Calculations the Institute of Transportation Engineers, S~dewalks along all public streets are required S~dewalks and tra~ls will also be prewded throughout the open spaces and recreational areas of the proposed development 2 Ut, l,t,es Some ut~hty I~ne extensions w~ll be necessary to serve th~s development 3 Dra,nage and Topography New development w~ll be required to design and construct a drainage system to c~ty standards A preliminary drainage study w~ll be required w~th the submission of a preliminary plat The study must ~nclude calculabons of the 100-year storm for all drainage areas on th~s property and any area that dre~ns towards this property The developer must ~nd~cate the method by which the run- off w~ll be carned across the property or stored on the property 4 S,gns As per the s~gn ordinance 5 Off-Street Parking New development must prowde parking according to the regulations of Chapter 35 (35-301) of the Code of Ordinances Each home ~s required to prowde two off-street parking spaces 6 Landscaping Th~s property will have to comply with the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area) 7 Open Space and Recreat,onal Areas Th~s residential development w~ll be required to participate ~n the development of public g 99 104 recreabonal areas Through the Park Dedication Ordinance (98-039), th~s development w~ll contribute to park land dedication and park development fees Dedication requirements are required dunng the platbng process Park development fees are required prior to the ~ssuance of building permits 8 Lighting No restncbons on res~denbal development 9 Enwronmental Quality impacts No mgmficant ~mpacts are anbc~pated August 3, 1999 - The PD-172 s~te ~s annexed into the City by Ordinance No 99-256, and a Concept Plan for the property is approved by Ordinance 99-257 September 2t, 1999 - The PD-176 rote ~s annexed ~nto the City by Ordinance 99-347 October 5, 1999 - The PD-170 site Is annexed into the City by Ordinance No 99-383 October 5, 1999 - A Concept Plan for PD-176 is approved by Ordinance 99-367 November 2, 1999 -A Concept Plan for PD-170 ~s approved by Ordinance No 99-405 Not~ce of the zomng request was pubhshed ~n the Denton Record-Chromcle on May 13, 2000 Nine (9) property owners w~th~n two hundred feet were mmled legal notices and e~ghty-two (82) residents within five hundred feet were sent courtesy notices informing them of the request (see Enclosure 4) As of th~s wnbng, there have been no responses No neighborhood meetings were held Staff finds that,the proposed Detailed Plan is consistent w~th the approved Concept Plans for PD-170, PD-172 and PD-176 as well as with the 1999-2020 Denton Comprehenmve Plan However, staff cannot recommend approval of the Detmled Plan at th~s time There are st~ll major transportation Issues that have yet to be resolved (see enclosure 5) Additionally, staff is concerned about the development of the 10-acre commercial tract at the northwestern corner of the site Wh~le th~s property is not part of the submitted Detailed Plan, staff ~s concerned about the ~ntegrat~on of this parcel to the overall development and feels that the tract m too large and too important to be developed completely independently of the surrounding residential property Staff would hke to see the applicant either bring the commercial tract into the Detailed Plan or leave some of the remdenbal area adjacent to the tract Zq9 ~s not part of the submmtted Detailed Plan, staff ~s concerned about the ~ntegrabon of th~s parcel to the overall development and feels that the tract ~s too large and too ~mportant to be developed completely independently of the surrounding res~denbal property Staff would hke to see the apphcant e~ther bnng the commercial tract ~nto the Detailed Plan or leave some of the residential area adjacent to the tract out of the current Detailed Plan T Staff recommends that Z-99-104 either be conbnued to the next regularly-scheduled meebng so that the aforament~oned ~ssues can be resolved or that Z-99-104 be demed 1 Recommend approval as submitted 2 Recommend approval w~th cond~bons 3 Recommend demal 4 Postpone consmderabon 5 Table ~tem ~ENCLOSUR 1 Detailed Plan (12 pages) 2 Zomng Map 3 Denton Mob~hty Plan Map 4 200'-500' Nobficabon Map and Property Owner Responses 5 Letter to apphcent dated May 18, 2000 6 Concept Plan for PD-170 (Ordinance 99-405) (7 pages) 7 Concept Plan for PD-172 (Ordinance 99-257) (8 pages) 8 Concept Plan for PD-176 (Ordinance g9-367) (9 pages) 7 SITE DEVELOPMENT DATA ~ CLt/~ ~ ~ LOTS) CU.)~c~ I~TS) C~XY~RO! LOT~ REFER TO APPROVED PD ORDINANCES/CONCEPT PLANS FOR ADDI110NAL RES1RIC110N$ R£CRIIRE~ENTS. SITE DEVELOPMENT DATA ~ 10T)L S~LE F~LY OPEN ~,~CE O~N ~ ~OW ~ ~ 176 ~ ~7 8 201 25 36 ~-60 176 ~g~ 149 4 46 34 ~-72 ......... 176 19243 71 1 42 ~7 ~-60 1~ ~ 69 4 2~ 41 33 I~ ~1~ 71 3 57 14 28 172 19420 ~ 3 43 I 6 I 8 170 ~ f4~ 3 6 1 25 ~7 ~EASLEY LN (FM 2181) TEASLEY LN (FM 2~81) .............. I ~,LI.LU.LLLLU.LLLLLLLLLLLLLLLLIiLLLLLLLLIiLLbLLI I 6~_IJ. LLLLU.LLLLLLLLLI,_W I kLLLULIJ.LLL] I h,LLLLLLI.LLLLLU:LLL~LLLL~LLLLLLLll I ~,LLLLLLLLLLI:LB_LI:LI,L_IJ I ha_LL~LLLLLLLLLL~LLLLLLLLLLL~,LLLLI/hLLLLLLLLLLI~LiLLLLLLILLI k,I.LL.Li. LLLLLLLL~LLLLLLLLLlZLLLLLLLLLLLLLLLLLLLLI I/,&LLI.LLLLLLLLJJ.LLLLLILLL~LLLLI · LLLLLI.I;]SI_;LLL~[ LL~LLLL~L~LLLLLLLLLL~L~LLL~LLLLLL~LLL~LLLLLLLLLLL~LLL~-LLL~L~LLLLL~LLLL~LLLL~:b~I [,L(LL~LLL~.LLL;LLLLLLLLLLL[ FI(LLI. LLL[.LLLLLL~.LLLLL~LbLLLLLLI,~J,LLLLLLLLLLLLI~. b~bLL. LLLLLLLLLLLLLI 15. ,,6 ENCLOSURE 2 NORTH Z-99-104 (~Wheeler Ridge~ ~ SITE ZONING MAP Agenda Date May 24, 2000 Scale None 18 ENCLOSURE 3 ~ NORTH Z-99-104 (Wheeler Ridge) DENTON MOBILITY PLAN MAP ~ Freeways ,,'.',,/' Primary Major Arterials "' Secondary Major Arterials Collectors Agenda Date May 24, 2000 Scale None 19. ENCLOSURE 4 ~ NORTH Z-99-104 (Wheeler Ridge) 200'-500' NOTICE MAP 200' Legal Nobces sent v~a Certified Mad 9 500' Courtesy Notices sent via 1't Class Mad 82 Number of responses to 200' Legal Nobce · Opposed 2 · In Favor · Neutral Percent of land w~thln 200' ~n oppos~bon 1 6% 20. NOT'rCE OF PUBL'r¢ HEAR'rN6 Z-99-104 The Plann~ngland Zoning Commiss~on of the C~ty of Denton w~ll hold a public hearing on Wednesday, May 24, 2000, to consider making a recommendation to the C~ty Council regarding a Detailed Plan for approximately 253 acres ~n the Planned Development 170 (PD-170), Planned Development 172 (PD- 172), and Planned Development 176 (PD-176) zoning d~stncts The property ~s generally located southeast of the intersecbon of Robinson Road and Teasley Lane (FM 2181) The ~ntent ~s to develop a s~ngle-fam~ly residential subd~ws~on of approximately 850 lots The public heanng w~ll start at 6 00 p m ~n the C~ty Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about th~s zoning change request and mwtes you to attend the public heanng Please, ~n order for your op~mon to be taken into {account, return th~s form with your comments pnor to the date of the public heanng (Th~s In no way pr~hibits you from attending and participating in the public heanng ) You may fax It to the number located at the bottom, mail it to the address below, or drop It off in-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn Thomas B, Gray, Planner I The zomng process includes two public heanngs designed to provide opportunities for c~bzen ~nvolvement and comment Pnor to the public heanngs, landowners w~thln two hundred (200) feet of the subJect property are not~fied of the zoning request by way of th~s nobce The first public heanng ~s held before the Planning and Zoning Commission The Comm;ss~on ~s ~nformed of the pement of responses in ~upport and ~n oppos~bon Second, the zomng petit;on ~s forwarded to the C~ty Council for final action p~'ovid~ng the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the C~ty Council if owners of more than twenty (20) percent of the land area w~th~n two hundred (200) feet of the s~te submit written opposition, then s~x out of seven votes of the City Council are required to approve the zomng change These forms are used to calcUlate the percentage of landowner opposition Please circle one In favor of request Neutral to request ~___~ to req~ Comments Signature .~'~ ~ Pnnted Name ,.~'~'~-~¢~,.~.' ~ Ma~l~ng Address .~-z~.~.~ 7"~/_~- ~ C~ty, State Z~p ~//~"..~-~"~.~.~ ~ Telephone Number /'=~.-~ ) Physical Address of Property w~th~n 200 feet ..~'~. CITY OF DENTON, TEXAS C~TY HALL WEST · DENTON, TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 Z 99 104 200' Notico Z-99-104 (Wheeler Ridge) NORTH LOCATION MAP Agenda Date' May 24, 2000 Scale, None NOTICE OF PUBLIC HEARIN6 Z-99-104 The Planning ,and Zomng Commission of the City of Denton wdl hold a pubhc heanng on Wednesday, May 24, 2000, to consider making a recommendabon to the C~ty Councd regarding a Detailed Plan for approximately, 253 acres in the Planned Development 170 (PD-170), Planned Development 172 (PD- 172), and Planned Development 176 (PD-176) zoning d~stncts The property ~s generally located southeast of the ~ntersect~on of Robinson Road and Teasley Lane (FM 2181) The ~ntent ~s to develop a single-family residential subdivision of approximately 850 lots The public hearing will start at 6 00 p m in the C~ty Councd Chambers of C~ty Hall located at 215 E McK~nney Straet, Denton, Texas Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about th~s zoning change request and invites you to attend the public heanng Please, ~n order for your opinion to be taken ~nto account, return th~s form w~th your comments prior to the date of the public heanng (Th~s In no way prohibits you from attending and participating m the public heanng ) You may fax ~t to the number located at the bottom, mad it to the address below, or drop ~t off ~n-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn. Thomas B. Gray, Planner I The zomng process ~ncludes two public heanngs designed to prowde opportunlbes for c~bzen ~nvolvement ahd comment Pnor to the pubhc heanngs, landowners w~th~n two hundred (200) feet of the subject property are nobfied of the zoning request by way of th~s nobce The first pubhc heanng ~s held before the Planning and Zoning Commission The Commission ~s ~nformed of the percent of responses in support and n oppos t on Second, the zoning pebbon ~s forwarded to the City Councd for final action prowding the Commission recommends approval Should the Commission recommend den~al, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area w~th~n two hundred (200) feet of the s~te submit wntten opposition, then s~x out of seven Votes of the City Councd are requ~rsd to approve the zomng change These forms are used to calcUlate the percentage of landowner opposition Please circle one ~ ~t~ In favor of request Neutral to request to reque Comments S~gnatura ~ Printed Nar "'r"~ Mailing Address ~.?10 City, State Zip ~ ~ I Telephone Number Physical Address of Property w~th~n 200 feet CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 Z 9q 104 200 Nobce NORTH Z-99-104 (Wheeler Ridge) LOCATION MAP Agenda Date' May 24, 2000 Scale None ENCLOSURE 5 Engineering & Transportation City Hall West · 221 N Elm · Denton, Texas 76201 (940) 349-8358 · (940) 349-8376 · Metro 434-2529 May 18, 2000 Mr Elvlo Bruin Eastern Development 5225 Vxllage Creek, State 400 Plane, TX 75093 Dear Mr Brum As you have requested, the Detml Plan for Wheeler Pddge ~s scheduled for the May 24th, 2000 Planning and Zon, ng Commms~on agenda Staffwfll not be recommendtng approval of the detutl plan as the ~ssue concerning the right of way ahgnment for FM 2499 has not been resolved As you know, the adjacent development dedmated right of way for what was at one t~me proposed Loop 288 but that techmcally would still work for proposed 2499 The right of way you are proposing does not line up wtth that right of way and wtll reqmre the purchase of an extstmg right of way reserve from the same adjacent development Our posmon from the begmmng of the rewew process has been that we have the existing right of way free and clear, ,t ~s usable, and nobody has committed to purchasing or dedmatmg the alternate right of way We have contacted the adjacent developer and he has not commttted to dedicating or selhng the right of way reserve pamel We have a copy cfa letter from JeffKmeger to Wheeler Pddge stating that Denton County "antm~pates" purchasing the right of way for 2499 once envtronmental clearance ,s obtained from TX DOT We also have a letter fi.om Robert Pendergast stating that ,fDonton County does not pay the condemnation costs (not the land cos0 for the right of way reserve, 0f~t comes to that) Wheeler Ridge will pay those costs Our posmon still ,s that ~fwe have a finn commitment that the Raght of Way reserve will be dedmated free of charge or prod for ~ncludmg land and condemnation costs ff any by someone other than the City of Denton, that your proposed muting is acceptable At th~s pmnt, we also have two outstanding ~ssues that will need to be resolved prior to prehmlnary plat approval The detail plan shows "future FM 2499 right of way" There appears ,to be no commitment fi.om Wheeler Rtdge to dedmate any right of way for FM2499 That ~s not acceptable and ,s not consistent with our subd~ws~on ordinance reqmrements The second ~ssue m that there has been no commitment from Wheeler "Dedtcated to Qtmht3; Serotce' wtlrto ctt~oy~enlon 23 reqmrements Tho second ~ssue ~s that there has been no commitment from Wheeler Padge to participate In funding for traffic signals at Teasley Lane and Htckory Creek Road and Teasley Lano and Robtnson Road We will also need to determine prior to prehmma_~y platttng at what stage of the development the offs~te ~mprovements will be reqmred Please contact me at (940) 349-8358 if you have questions Eng~neenng Adm~mstrator 24 ENCLOSURE 6 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A PLANNED DEVELOPMENT NO 170 (PD-170) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 38 6 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHEAST CORNER OF NOWLIN ROAD AND ROBINSON ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-065) WHEREAS, Dowdy Anderson and Associates, Inc, on behalf of Wheeler Ranch, LTD, has applied for a change in zoning for 38 6 acres of land to a Planned Development (PD-170) zoning district classification and use designation, and WHEREAS, on October 13, 1999, tile Planning and Zoning Commission recommended approval of the requested change In zoning, and WHEREAS, the City Council finds that the zoning will be m compliance with the 1988 Denton Development Plan, thc 1998 Denton Plan Pohcics, and the 1999 Growth Management Strategies and Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That thc zoning district classification and use designation of the 38 6 acre property described in the legal description attached hereto and incorporated herein as Exhibit A Is designated, to Planned Development (PD) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: 1 That permitted land uses and development standards be restricted to those described in the Planned Development District Development Standards attached hereto and Incorporated herein by reference as Exhibit B, and allow land uses permitted with a Specific Usc Permit m an Commercial (C) zoning dlstnct if such use Is approved by City Council 2 That 75 % o£ all exterior walls of all residential bu,ld,ngs be constructed of masonry 3 Cementlctous products will only be used to replicate the material they are designed to replace 4. Development l,mlted to no more than 143 units SECTION 2 That the City's offic,al zoning map Is amended to show the change in zon,ng district classification ~ECTION 3 That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense 2 5 Page 1 SECTION 4 Thai flus 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 tlus orthnance to be published twice m the Denton Record-Chrorncle, a dmly newspaper pubhshed ~n the City of Denton, Texas, witl'nn ten (10) days of the date of its passage PASSED AND APPROVED thls the~2~ -- day of /~/~- , 1999 JAC~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 26. EXHIBIT A 38 6 ACRES I~LD NOTES to all that certain tract of land situated m the Berry Merchant Survey, Abstract #800. Denton County, Texas and being part of a called 80-V~ acre tract described m the deed from L H. Head et al to Thomas T Kathy et ux recorded m Volume 382, Page 539, Deed Records, Denton County, Texas and all of a called 1 973 acre tract described m the deed from Ava ~Ioyce IOrby to Jerry Keith I4hrby et ux recorded m Volume 1615, Page 51, Real Property Records, Denton County, Texas, the subject tract being more parUeularly described as follows BEGINNING for the Northwest comer of the hereto described tract at a P K nmi found m the mterseet~on of Robinson Road and Nowlm Road for the Northwest comer of smd 80-½ aero tract and the Northeast comer cfa eaUed 84 786 acre tract described m the deed from Joe M Brooks and MarJone Lynn Brooks to Mel Wheeler et ux recorded m Volume 1054, Page 17. Deed Records, Denton County, Texas, THENCE S 89°15'47'' E, w~th Robinson Road and the North line of said 80-V~ acre tract a d~stance of 951 51 feet to a pomt for the Northeast comer of the herein described tract, THENCE S 00"42'01" W passing at 26 83 feet a ~" tron rod found m the occupied South [me of Robinson Road and continuing along smd course along and near a fence, m all, a total distance of 14~2 79 feet for the Southeast comer of the hereto descn'bed tract, THENCE S 48°32'$1" W, a distance of 1158 41 feet for a point, THBNCB S 89°31'20" W, a distance of 4 06 feet, to a ½" Iron rod found In Nowlm Road for the Southwest comer of the hereto described tract, THENCE lq 01035'08" W, with smd road a dIstance of 2222 61 feet to the PLACE OF BEGINNING and enclosing 38 6 acres of land more or less ~fl e/~ ~.045/d oscr tpUen~o 27. Z00~ DOS~% NO~tl~Gl~Y _ __ 9£~6T;6Z£6 2k%'d 9~ ZT NOR 66/fl?/0T EXHIBIT B KIRBY TRACT PLANNED DEVELOPMENT DISTRICT STANDARDS 1 0 Planned Development D~stnct- Single Family Restdentml - 6 0 (SF-6 0) 1 01 ~I;~.M~II~: The Residential Tract is intended to accommodate single farmly residential uses The resldentlal units will be conipnsed of Single Family- 6 0 (SF-6 0) products Development standards for the aforementloned housing type are outlined within ti'us text 1 02 Permitted Uses: Land uses permitted within the Planned Developnient District (PD) are as follows a Residential units as descnbed herein b Private or public recreation facilities c Churches/rectones d Schools - public, private, or state accredited e Parks, playgrounds and neighborhood recreation facilities mcluding, but not limited to, swimming pools, clubhouse facilities and tenms courts f Fire stations and public safety facilities g Real estate sales offices dunng the developnient and marketing of the Planned Development h Pubhc streets and private streets Electronic security facilities Including gate'house and control counter j Accessory buildings and uses customarily incidental to the permitted uses k Temporary buildings and uses incidental to construction work on the premises, wluch shall be removed upon completion 1 ~03 ~ The overall allowed density for Tract 2 of the Planned Development District shall be 4 0 units per gross acre or a total of(154) units, as calculated on a gross land area basis (approximately 38 6 acres) .~ .~. 1.04 l~[lllLtd.,~t~,lll~ Parking shall be prowded in accordance with Amclc VI, Section 35-301, Vehicle Parlong Regulations of the C~ty of Denton Zoning Ordinance \'~qT_SERVER.0~LANNING'd-I-Eword~99045pd hll doc 1 10/13/99 28 I 05 ~: Single-Family-6 0 umts are a form of single family, detached housing This residential type will have access and frontage on a public or private street Building and area requirements are as follows a Lot Area: The minimum area of any lot shall be slx thousand (6,000) square feet b Lot Coverage: In no case shall more than forty-five (45) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings Swimming pools, spas, deck, patios, driveways, walks, and other paved areas shall not be Included in determlmng maximum lot coverage c Lot Width. The mlmmum width of any lot shall not be less than forty- five (45) feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a mimmum width of forty-five (40) feet at the front building line, prowded all other requirements of this section are fulfilled d Lot Depth: The mlmmum dept of any lot shall be one hundred (100) feet, except that a lot at the terminus ora cul-de-sac or along street elbows/eyebrows may have a mlmmum lot depth, measured at mld-pmnt on front and rear lot lines, of mnety (90) feet, provided all other requirements of tbas section are fulfilled e Front Yard: The mlmmum depth of the front yard shall be twenty (20) feet Front porches, roof eaves, cbanmeys and other similar arclutectural elements may extend mto the front yard f Side Yard: The mlmmum side yard on each side of a lot shall be five (5) feet A side yard adjacent to a side street shall not be less than fifteen (15) feet In no case shall a garage door opemng be any closer than twenty (20) feet to the right-of-way g Rear Yard: The mlmmum depth of the rear yard shall be ten (10) feet h Building Height: Buildings shall be a maximum of two and one-half (2 ½) stones 2.0 Planned Development D~stnet - General Conditions 2 01 Conformnnce to All A_o_olicable Articles of the Denton Zonln_~ Ordinance: Except as amended herein, this Planned Development District shall conform to any and all applicable articles and sections of the Denton Zomng Ordinance, as tt presently exists 2 02 Sereenlne/Landscanin~ alone Robinson Road' Landscaping and screening shall be provided along Robinson Road where lots back to said thoroughfare and may consist of decorative metal fencing, stmned wood fence with metal posts, landscape planting, cement~tlous fencing, masonry walls, living screens or a combination thereof \RqT_SERVER-0~PLANNING~H-Eword\99045pd hll doc 2 10/13199 29. 2 03 ~: A General Concept Plan is hereby attached and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the land use, approximate thoroughfare locations and project boundaries and illustrates the integration of these elements into a master plan for the whole district 2 04 Street Tree~: A mnnmum of one (1) street tree shall be reqmred on all residential lots witlun the street parkway 2 05 Open Splice: The Planned Development district shall conform to the City of Denton Park Land Dedication Ordinance No 98-039 as it presently exists at the time the Planned Development District is approved Open space shall be approximately six (6) acres and shall consist of tree preserve areas, common areas, amemty center site, greenbelt parks, pocket parks, pedestrian/park connections, landscape buffers, floodplain, electncal/power/utlhty easements 2 06 Maintenance of Facilities: The Owner(s) shall establish, with each prehmmary plat submittal, a property owner's association, memberslup association or other designation that will be responsible for the unprovement and maintenance of all common areas and/or common faclhties contained within the area of the development plan \~T_SERVER-0~PLANNIN(3~H-Eword~99045pd hll doc 3 10/13/99 30. ORDINANCE NO ~ ~- 4'~ ~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOP, A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOP, 65 17 ACRES OF LAND GENERALLY LOCATED SOUTI-I OF NOWLIN P,OAD ON THE EAST SIDE OF FM 2181 (TEASLEY LANE ) GENERALLY OPPOSITE HICKORY CREEK ROAD, PROVIDING FOP, A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOP, VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE (Z- 99-025) WHEREAS, Ben Pmnell on behalf of Pumell / Ford, l. nc has apphed for a change m zoning for 65 17 aeras of land from Agneultttral (A) zomng d,stnet olasslficatlon and use designation to Planned Development (PD) zomng district classification and use designation, and WHEREAS, on June 9, 1999, the Planmng and Zoning Corrmussion recommended approval of the requested ohange m zomng, and WHEREAS, the City Council finds that the change m zomng will be m comphance w~th the 1988 Denton Development Plan, the 1998 Denton Plan Poheias, and the 1999 Growth Management Strategms and Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~[_QI~L]. That the zomng district elasmfieation and use designation of the 65 17 acre property as described in the legal description attached hereto and incorporated hereto as Ex}nbit A is changed fi:om Agricultural (A) zomng thstnct class~fication and use designation to Planned Development (PD) zoning thsmct class~fica~on and use demgnataon under the eompreheus~ve zoning ordinance of the City of Denton, Texas ~ That Exlnb~t B, attached hereto and incorporated herein by ~reference, is approved as~the Concept Plan for tins District, subject to the following eondmous 1 That penmtted land uses and restnctmns for Tracts 1 and 2 shall be those pernntted m ~n' SF-10 zomng district and as ehgthle for land us& penmtted vath a Specific Use Pemnt m an One-family dwelling (SF-10) zomng distnet 2 The PD requirements for Tract 3 are attached hereto and menrporated hereto by reference as Exinblt C That pemntted land uses for Tract 3 shall be those perrmtted m an SF-7 zoning dmtnet and as eh~ble for land uses penmtted wath a Specific Use Permit m an One,family dwelling (SF-7) zomn~ district prowded that the maxnnum deusaty for tract 3 shall be 140 one-fam,ly dwelling umts 3 That permitted land uses and restncUons for Tract 4, a 0 082 acre (epproxunately 60 foot by 60 foot) area, be resmcted to a teleeommumcat~ons tower PAGE 1 32. 4 That Exb. lblt D - Top of the Hill Subd~wsion - is attached hereto and incorporated herein by reference to be used as a guide for thc final or detailed plan open space requirements ~ That the Cfly's official zomng map is amended to show the change in zomng district classification SECTION 4 That any person violating any pwvmon of tlus ordinance shall, upon conviction, bo freed a sum not exceedmg $2,000 00 Each day that a provision of tlus ordinance is violated shall constitute a separate and d~stinct offense ~QI:~. That this ordmance shall become effective fourteen (14) days from the date of~ts passa§e, and the Cxty Secretary xs hereby dtrected to cause the caption of flus ordmance to be pubhshed twice m the Denton Record-Chromcle, a dmly newspaper published m the City of Denton, Texas, w~thtn ion (10) days of the date of its passage. PASSED ATTEST ~ENNI~BR WALTERS, CITY SECRETARY ~PRO~D AS TO LBG~ FO~' ~ERT L PRO~Y, CI~ A~O~Y PAGE 2 EXHIBIT A ('~ ALL THAT CERTAIN TI%~.CT OR PARCEL OF LAND LYING ANO BEING $1'IUATED IN THE BERRY MERPd./ANT SURV~', ADSTRACT No. 800. OEN*'rON COUNTY, TEXAS, AND BBNG PART OF A TRACT OF LAND D~CRISED IN A DE['D PROM ~GGIE K, TCAGU£ TO MA~ ~ UVING TRUST. F'4XD OCTOBER 12, 1995. RECORDEO IN COUN1Y ~,.~RK'$ F1LE No 93-R0072122, REAr. RECORDs, DENTON COUNTY, TRY, AS. AND BEING MORE PARTICU~LY OCSCRIBED AS FOLLOWS BEGiNNmNG AT A SET i/2 INCH IRON ROD AT A CORNER POST AT THE SOUqHWEST CORNER OI~ ATRACT Or LAHD DESCRlJ~ED IN A DF. ED TO JOHNNY L JESTER et a~, RECORDED IN GOUNT/' CLERK~ F1LE Na, 93-ROOTZ123, RE. AL PROP£R'I¥ RECORDS. OENTON COUNI~, TEXAS, ON THE EAST. RI~HT- O~--WAv OF' F.M ROAD 2181= THENCE SOUTH 84 DEGREES 37 MINUTES 6~ SECONDS F.~ST w~rH THE SOUTH UNE OF SND JE.~TER TRAOT, A DISTANCE OF 680 ?~ FEET TO A $~r 1/2 ~NCH IROR RQD AT A rF..NC~ CORNER POST, AT TH[ SOUTHEAST CORNER OF ,~D ,~SI'ER TRACT: THEN¢£ NORTH ,04 DEGREES 24 MINUTES $$ S~CONDS EAST. ~ THE FAST IJNE OF' $NO dESTER 'TRACr, PASSING AT ~85.51 F[~I' TH[' NORTHEAST CORNER OF .~:aJO J~lP..R TRACT, CO,%[TINUING A TOTAL OISTANCE OF 599 24 I~Er TO A SET 1/2 INCH IRON ROD. ON THE NORTH LINE OF ~D ~_A~__ LEE UVlNG TRUST ~CT, (X4 ~ SOUTH LINE Or A TRACT OF* L~o o~5CRIBED IN A DEED TO kl~L WHEEI~q et ~x RECORDED IN ~)LUME 97~. PAOE 290. DEEO RECORDS DENTON COUNTY, TEXAS, IN THE MIDDLE OF NOWLIN ROAD, THENCE $OiITH 89 DEGRE~ 45 MINUTES 4<3 ~[~D$ FAST, WID~ NORIW UNE Ole SAID MAG LEE UVlNG TRUST 1RACT. ~JqD THE SOUTH UNE OF SND WHE~FR TRACT, A DISTANCE OF 173~69 [~ TO A SET 1/2 INCH IRON ROD Al' ~HE NORTHW~$1' CORNER 0~' ~AID MAG ~ LMNG mU~' TRACT. AT THE $OUTHEiK%T CORNER OF-A 1R~cr OF ~D IN A DEED TO ME~ %~II~:LER e[ ~, RECORDED IN VOLUME 1054. P*%GE 17. OREO RECORDS. DENTON COUNTY. THENcE S~JTH 01 DEOR~ 12 MINUTEs 57 ~COND$ EAST. wrrH THE UNE OF S,ND MAG LEE LMNG TRUST TRACT, A OtSTANCE OF 1308.40 FEET TO A SET I/2 INCH IRON RO0 AT A FENCE CORNE~ POST. AT TI-IF* SOUTHEAST CORNER OF SND ~ LEE LIWNG TRUST 'TP.~CT, AT NORTHEA~r CORNER OF A TRACT OF LM~D DF. SCRIBED IN-A OREO TO HER~L V. FOR,-~R, TRUSTu:. RECORDED IN VOLUME $0~. PAGE ~2~. DEEO RECORDS DENTON OOUN'Pf, T~XAS, THENCE NO~'rH 8~ DEGREE& 47 MINUTES 20 SECONDS W~ST, Wn'H THE SOUTH UN£ OF SAJD MAG t_~ LMN0 TRUST TRACT. AND THE: NORTH UN-E O~ ~AID LONG TRACT, A Ol~ OF 24~1.K6 ~ TO A .sk'r I/2 INCH IRON RO0 AT A FENCE CORNER POST, ON THE RIGHT-OF-WAY OF F~. ~ 2181. ' -THENCE NORT~I O0 ~K~($ ,%8 MINUTES ~ ~£COflDS WI~, ~TrH THE ~ RIGHT-OF-WAY OF F.M ROAO 2151, A D{~rANC[ OF 772.4,% FEET TO THE POINT OF BEGINNING AND CONTAJNING IN N.I. 65.1741 ACRf:~ OF 30. -' 34 I'D REQUIRE1VIEN rS*FOR TOP OF ~ ~L S~BD~ION ~3 ~wiflg ~all app~ ~ ~e ~ng~ ~ml~ ~n of ~e ~ ~r ~e Top of ~e ~~ ~all ~ ~.0 unl~ ~r g~ a~, including , . ~shall be ~en s~, Including ~, ameniW ~nte~, ~mmon ~thwa~ and en~ ~. NI o~n spa~ areas ~11 be maln~ln~ by a Hom~wneYs ~oda~n ~ be ~b~ ~ th~ ~eloper, w~ a ~u~ment for a ~dlc as~me~ ad~u~ m main~m all la~, lan~pin~ and ~er Improv~. [,~0 ~uam ~ ~Ir ~nd~n~ a~) for Io~ m~u~ng less than 60 f~ at · e ~nt building line. [,~ ~re ~t ( air ~nd~flo~ a~) for Io~ m~suHng ~+ f~ at ~e front building line. ~60 ~ ~de at ~ front building line. ~% or I~ for Io~ ~ual to ~ g~r ~an 60 f~t wide a~ ~e front ~lldl~ ~na. 35% ~~ed ~o ~r ~mge ~r dwelling unit. A full wld~ dHv~ay of a minimum wld~ of ~6 f~t shall be pmvl~ ~fmnt bulldtng line. ~e ~ ~ Hundr~ a~ ~ (5,750) ~m ~et Ninimum Roof Pi~ ~e m~imum mol p~ ~all be ~ ~om public a~ s~li ~ bu~ ~iLh ~e ~ng the public v~. A sp~flc fen~ d~n ~all ~ ~ulmd ~r all hom~ so ~at ~e ~ h~ ~nflnu~. ~r~ ~e u~ of be~s b en~umged for u~ in ~Ing and buffering, and ~ ~a~ have '~m~mum sb~ o~ [:3 wiffi a g~y round~ ~p. PAG~ ] OF 37. a minlmum of one (~.) street tree for every 30 linear feet of lot frontage~ with each tree a minimum of two (2) callper Inches. No more I~an one O~ll~3mmunity shall have at leas~ one (J.) "pocket park", linked to other areas e,,.co~_m.m~n_[~b_y_l~_~r_._co, mm. on area ~st~il~,'; Where possible, linear linkage ua ~u =ujulnmg pro~ec~ having common elements. A landscaped ~buffer strip" shall be provided with a minimum wldi~, oflO feet adJoinlng the rights of way for Hickory Creek Road and the future FN 2499. PAGE 2 OF 2 ENCLOSURE 8 O CENO 7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A PLANNED DEVELOPMENT NO 176 (PD-176) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 168 57 ACRES OF LAND LOCATED BETWEEN NOWLIN ROAD, F M 2181 (TEASLEY LANE) AND ROBINSON ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-053) WHEREAS, Dowdy Anderson and Associates, Inc, on behalf of Wheeler Ranch, LTD, has applied for a change m zoning for 168 57 acres of land to a Planned Development (PD-176) zoning district classification and use designation, and WHEREAS, on July 28, 1999, the Plalmmg and Zoning Comrmsmon recommended approval of the requested change m zoning, and WHEREAS, the City Council finds that the zoning will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the zoning district classification and use designation of the 168 57 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is designated to Planned Development (PD) zoning district classification and use designation under the comprehensive zomng ordinance of the City of Denton, Texas, subJeCt to the following conditions 1 That permitted land uses and development standards be restncted to those described in the Planned Development District Development Standards attached hereto and incorporated hereto by reference as Exhibit B, and allow land uses eligible for a Specific Use Penmt in an Commercial (C) zomng dlstnct if such permit is approved by City Council 2 Budding elevations, for all buildings proposed for Tracts 1 and 3, shall be required at he time of detailed plan submittal 3 Lighting on Tracts 1 and 3 shall be designed and mmntalned so as not to shine on or otherwise disturb, surrounding residential property or to stnne and proJect upward to prevent the diffusion into the mght sky ~ That the City's official zoning map is amended to show the change in zoning district classification ~ That any person violating any provision of this ordinance shall, upon conv~ctlon, be £med a sum not exceeding $2,000 00 Each day that a provision of this ordinance is vxolated Shall constitute a separate and distinct offense 40. ~I~ECTION 4 That this ordinance shall become effective fourteen (14) days fi.om the date of its passage, and the City Secretary is hereby directed to cause the caption of ttus ordmance to be pubhshed twice tn the Denton Record-Chromcle, a daily newspaper published m the City of Denton, Texas, wltlun ten (10) days of the date of its passage PASSED AND APPROVED tlus the ~.9,-~ dayof ~-~/~,,(~' ,1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 41 EXHIBIT B WHEELER RIDGE Planned Development District Development Standards Applicant' Dowdey, Anderson and Assoctates, Inc Planmng and Engnneenng 5225 Village Creek Parkway State 200 Piano, Texas 75093 (972)931-0694 (972)931-9538 Fax Owner/Developer' Wheeler Ranch, Ltd 5225 Village Creek Drive State 400 Plano, Texas 75093 (972) 267-6888 (972) 818-8885 Fax Submitted June 28, 1999 For Rewew by the Cxty of Denton Planmng and Zoning Conmuss~on on July 28, 1999 and For Review by the Denton City Council on September 21, 1999 98004Pdcoverpage72199 42. WHEELER RIDGE PLANNED DEVELOPiVIENT DISTRICT STANDARDS 1.0 Plant, ed Development District - Commercial Tracts I and 3 1 01 ~: The Cornmerctal tracts vail provide the ability to encourage and acconunodate ~he development of office, retail and commercial center(s) 1 02 ~: All uses identified in Athcle IH, Seclaon 35-77, Use R'egulatlon Distncts, Use of Land and Buildings, of the City of Denton Zoning Ordinance under the heading of Commercial District (C) shall be penmtted vothin Tracts 1 and 3 in the Planned Development Dlslnct 1 03 ~ All buildings shall have an exterior fimsh of glass,. stone, stucco, brick, tile, concrete, extenor wood or s~m~lar inatenals or any - combination thereof The use of wood a~ a pnmary, extenor building material shall be lmuted to a inaxunum of twenty-five (25) percent oft.he total exterior wall surfaces 1 04 ~: The rnaxlmum perrmtted helghi of all buildings within the commercial tracts of the Planned Development D~stnct shall be three (3) stones 1 05 ~,.r..9211..Y~IK~: There shall be a front yard having a depth of not less than twenty- five (25) feet Front yard setbacks are required on both streets for comer lots 1 06 Side Yard: Side yard reqmrements for commercial tracts shall be as follows a No side yard shall be required where commercial structures are to be attached b A ten (10) foot side yard shall be requh-ed where commercial structures are to be located adjacent to one another and where vehicle access la not required c A twenty (20) foot side yard shall be provided adjacent to single family residential zoning d A twenty (20) foot side yard shall be provided adjacent to a dedicated street 1 07 ~: Rear yard requirements for commercial tracts shall be as follows luly 19, I~99 980041xLdoc 43 a No rear yard shall be required where commercial structures are to be attached b A ten (I0} foot rear yard shall be required where commercial structures are to be located adjacent to one another and where velucle access is not required c A twenty (20) foot rear yard shall be provided adjacent to single family residential zoning d A twenty-five (25) foot rear yard shall be provided adjacent to a dedicated street 1 08 1.~ltaltl~lt~L.~]~: Landscape plans for proposed development areas shall be submitted m accordance w~th the City of Denton Landscape Code as it presently exists at the time this Planned Development District is approved 1 09 Screenin_~: A six (6) foot screemng wall shall be provided between areas developed for residential uses The commercial user shall be responsible for the ' construction and maintenance of the SLX (6) foot screemng wall T~us screemng wall shall be constructed at the t~me a commercial property is developed and shall only be reqmred adjacent to the specific commercial property that ~s being developed The above referenced six (6) foot screening wall shall be constructed of stone, brick, or similar materials or any combination thereof 1 10 Floor to Area Ratio (FAR'}: The permitted floor area of all buildings located w~tlun the commercial tracts shall be 2 1 (floor area ratio) 1 11 l~ll~lr.~l..~M~' Parking shall be prowded m accordance with Article VI, Section 35-301, Velucle Parking Regulations of the C~ty of Denton Zomng Ordinance Parlong shall be permitted w~thLn all required yard areas 1 12 Land Area Permitted: The amount of acreage permitted m Tract 1 shall not exceed ten (10) acres net of right-of-ways The amount of acreage permitted m Tract 3 shall not exceed slx (6) acres net of right-of-ways 2 0 Planned Development D~stnct - Single Farmly Residential 2 01 General Descri_ntion: The Residential Tract Is intended to accommodate a variety of single family residential uses The residential units w~ll be comprised of Single Family-7 2 (SF-7 2) and Single Family-6 0 (SF-6 0) products Development standards for each of the aforementioned housing types are outhned within tins text 2 02 Permitted Uses: Land uses permitted wltlun the PD are as follows July 19, 1999 2 980041~d doc 44. a Residential umts as descnbed hereto b Private or pubhc recreation fac~lmes c Churches/rectories d Schools - pubhc, pnvate, or state accredxted e Parks, playgrounds and neighborhood recreation faciht~es including, but not limited to, swimming pools, clubhouse facfimes and tenms courts f Fire stattons and public safety facilities g Real estate sales offices dunng the development and marketing of the Planned Development h Public streets and private streets Electromc security faciht~es ~ncludlng gatehouse and control counter Accessory bmld~ngs and uses customarily ~nc~dental to the penmtted uses k Temporary bmldmgs and uses incidental to construction work on the premises, wluch shall be removed upon completion 2 03 Density: The overall allowed density for Tract 2 of the Planned Development D~stnct shall be 4 0 umts per gross acre or a total of (628) umts, as calculated on a gross land area bas~s (approximately 157 acres) The pementage of Single Family-6 0 and S~ngle Family-7 2 will vary wntun the Planned Development District, but m no case shall the total number of umts w~tlun the Planned Development District exceed (628) umts 2 04 Bllttltlllltllllgil~ Parlong shall be prowded ~n accordance w~th Amcle VI, Section 35-301, Vehicle Parking Regulatxons of the Ctty of Denton Zomng Ordinance 2 05 ~fltllttlllg..~L~l~d A m~mmmn of seventy-five (75) percent of the total exterior wall surfaces of all m~un bmld~ngs shall have an exterior fimsh of glass, stone, stucco, tale, brick, cementlt~ous fiberboard, or similar materials, as approved by the PD Arctutectural Revuew Commxttee (ARC), or any comb~nation thereof The use of wood as a primary, exterior braiding material shall be limited to a maximum of twenty-five (25) percent of the total wall surfaces 2 06 ~[llal[~llg.'/~ Single-Family-7 2 umts are a form of single family, detached housing Ttus residenttal type will consist of larger units and lots, hawng access and frontage on a pubhc or private street Building and area requirements are as follows a Lot Area: The mm~mum area of any lot shall be seven thousand two hundred (7,200) square feet b Lot Coverage: In no case shall more than forty-five (45) percent of the total lot area be covered by the combined area of the main bmldmgs and accessory buildings Swmumng pools, spas, deck, pat~os, pomhes, driveways, walks, and other paved areas shall not be tncluded ~n determ~mng maximum lot coverage July 19, 1999 3 98004pd doc 45. c Lot Width: The m;.;,~um width of any lot shall not be ic~s th~ fifty, five (55) feet at the building line, except that lots at the tel-.;nus ora cul-de- sac or along street elbows/eyebrows may have a m~*~mum width of fifty (50) feet at the building line, provided aH other requirements of this sechon are fulfilled. d Lot Depth: The ~,~mum depth of any lot shall he one hundred (100) feet, except that a lot at the terminus ora cul-de-sac or along street elbows/eyebrows may have a mitt[mum lot depth, measured at mid-point on fi*ont and rear lot lines, ofr~ety (90) feet, provided all other requlrcmcnts of this section are fulfilled e Front Yard: The n~nirnum depth of the fi*ont yard shall he twenty (20) feet l=ront porches, too f eaves, chimneys and other stm|lar architectural elements may extend into the front yard f Side Yard: The mtmmum side yard on each sxde of a lot shall he five (5) feet A side yard adjacent to a side street shall not be less than fifteen (15) feet In no case shall a garage door opening be any closer than twenty (20) feet to the n~ht-of-way g Rear Yard: The mtutmum depth of the rear yard shall be ten (10) feet h Building Height: Bmldmgs shall he a mnx~mum of two and one-half (2 ~ stones 2 07 ~IRI~IIJD~=[~-: Sln~le-1;'annly -6 0 umts are another form of single £annly, detached housing Th~s residential type zs designed to provide single farmly housing at a shghtly higher density than perrmtted m Smgle-Farmly-7 2 These resxdcntlal umts will have access and frontage on a public or private s~eet Building and area requirements are as follows a Lot Area: The rmmmum area of any lot shall bc six thousand (6,000) square feet b Lot Coverage: In no case shall more than forty-five (45) percent of the total lot area be covered by the combined area of the mare buildings and accessory buildings Swanrmng pools, spas, deck, patios, driveways, walks, and other paved areas shall not be included m dctertmning maxunum lot coverage c Lot Width: The nnuimum width of any lot shall not be less than forty- five (45) feet at the bmldmg line, except that lots at the terminus ora cul- de-sac or along street elbows/eyebrows may have a minimum width of forty (40~fect at the building line, provided all other requtrements of this sectxon are fulfilled d Lot Depth: The namlrnum dept of any lot shall be one hundred (100) feet, except that a lot at the terminus ora cul-de-sac or along street elbows/eyebrows may have a rnlmmum lot depth, measured at rind-point on front and rear lot lines, of ninety (90) feet, provided all other requirements ofthls sectxon are fulfilled e Front Yard: The mf,~num depth of the front yard shall be twenty,(20) feet Front porches, roof eaves, chmmeys and other similar architectural elements may extend into the front yard July 19. 1999 4 98004pd.doc 46 Side Yard: The mlmmum side yard on eacl~ mdc of a lot shall be five (5) feet A side yard adjacent to a sade street shall not be less than fifteen (15) feet In no case shall a garage door opening be any closer than twenty (20) feet to the right-of-way Rear Yard: The mm~mum depth of thc rear yard shall be ten {10) feet Building Height: Buildings shall be a maxunum of two and one-half (2 ~ StOl'leS Planned Development D~stnct - General Cond~tlons 3 01 Cggform~gce to All Annlieable Articles of the Denton Zoning Ordinance' Except as amended hereto, flus Planned Development District shall conform to any and all appheable articles and sections of the Denton Zoning Ordinance, as at presently exists 3 02 Amenity Center: The Developer for the Planned Development District shall provade for an amemty center wbach may include, but not be hm~ted to a swmmmag pool, cabana, and landscaping to be owned, operated, and maintained by a property owner's assocmtlon 3 03 Screenin~/Landscapln_n alon_~ Robinson Road and Teasle~ Lane. Landscaping and screening shall be prowded along Robinson Road and Teasley Lane m areas where lots back to said thoroughfares and may consist of decorative metal fencing, stained wood fence with metal posts, landscape planting, cementltwus fencing, masonry walls, hvmg screens or a combmatlon thereof 3 04 park L~nd/Onen Space Reoutrement: The Planned Development District shall conform to the C~ty of Denton Park Land Dedication ordinance No 98-039 as ~t presently exists at the th-ne the Planned Development Dlsmct is approved Open space shall be approximately 18 acres and shall consist of tree preserve areas, common areas, amemty center site, greenbelt parks, pocket parks, pedestrian/park connect~.ons, landscape buffers, floodplain, electrical/power/utility easements A m~mmum area of park/open space, based on the formula prowded m Ordinance No 98-039, Article III, Section 22-36 (c) shall sahs~ all park/open space requirements of the C~ty of Denton 3 05 .~&llfdl~Jlllf,~l' A General Concept Plan is hereby attached and made a part of the ordinance It establishes the most general guidelines for the d~stnct by ldent~f'ymg the land use types, approximate thoroughfare locations and project bound/utes and illustrates the mtegrahon of these elements into a master plan for the whole distnct 3 06 ~: A nummum of one (1) street tree shall be reqmred on all resadential lots vathln the street parkway .Iul¥ 19, 1999 ~ 98004pd doc 47. 3 07 Maintenance of Faeilities~ The Owner(s) shall estabhsh, w~th each prehmmary plat subrmttal, a property owner's association, membership aasoclat~on or other designation that w~ll be responsible for the nnprovement and maintenance of all conL'llon areas and/or comnlon facilities contained w~thm the area o£the development Suly 19, 1999 6 98004pd doc 48 ATTACHMENT 2 ?age ] MR ENOELBRECHT okay We have a motion and 1 hold a pubhc hearing and consider makmg a reconm,endauo~ 2 second Motion to recommend approval with condmons The 2 to C~ty Councd regarding a detailed plan for approxmlat~.b, 3 outbound radius, staff will work on that vegetative screen 3 253 acres m Planned Development 170, Planned iXx ¢lopmnct 4 and the elevations as presented this evening Was there 4 172, and Planned Development 176 zoning districts Thc 5 another condition? Did I got them all? 5 property Is generally located southeast of the mtarsect~on 6 MR RISHEL Ye~, sir 6 of Robinson Road and Teasley Lane Then intent lq to 7 MR ENOELBRECHT Any discussion on the 7 develop a single family residential subthvlsmn of 8 motion? Mi' Ri~ 8 approxnnately 850 lots At th~s tnne, I'll open the public 9 MR RIS]t~q/Y~ I'c~ke to say I 9 hearing and ask Mr Gray to provide us with thc stall l0 appreciate thc c~hff ~]fl~t 's~°)~e~'~evel°per 10 report S,r l, ,th,nk that th,s a, d e ,,r I I o ,v you ^s was not th,s 12 nelghborbood I ~n glad to s~Iattakmg~advantage of 12 Planned Dc. vt, lopnieet detailed for m fact, tht~ separate. 13 this AS I say it s developed a httln blt differently 13 concept plans both of which were approved rather 14 than I anticipated and I think that nv©ntually Mr Sahnon 14 For that reason this development is not subject to th~. 15 will fig[ire out a way to make our water coming off of 15 mterml regulations because all three concept plans 16 there work when we radon the road So I think in the year 16 et) ~ 76 eD ~ ?o and e~; 7: were approved after April 8~h 17 2003 we're going to get that fixed for you 17 1998 wluch ~s the cutoff for tho interim regulatmns 18 Ma ELL[S B~fore y'all have a vote, I know 18 Tile property ~s located m southeast Denton 19 It's out of order I ask you if you'll table th~s mot:on 19 Here roughly m the somheast southeast of Teasley Lane 20 to the next meeting because if y'all approve ~t the way 20 the mterseat~on of Teasley Lane and Robinson Road Il 21 you've got It with the single sign, that means it's golog 21 surrounded to the nortb by on the north side ~s iht. 22 to take two thirds vote for the Council to 22 manufactured home park and to the east C~ty of Cor~z h 23 MR SNYDER NO, It Won't 23 and Wmdstone at Oakmom so It ~s m a rapMly dcx~.~ pine 24 MR ELLIS That's not tree9 24 res~dennal area Here :sa copy of the concept or 25 ~l~ NO~_slr 25 rather the detailed plan All told I think they are I I ploposmg something like 845 or 846 lots Open space and 2 MR RISHEL Tll-~y ~uld cti[~ge what I've 2 rectos[renal space ts pro,~ded as well as part of th~s 3 recommended 3 detaded plan In fact some of the recreational space 4 MR WILLIAMS POint of order We have a monon 4 mcluthng th~s long thru corridor right here and some e ~er 5 on thc floor 5 land was proposed to be dedicated to the Cay as publ p ~rk 6 MR ENOELBRECHT Mr Williams, you have a 6 land 7 MR WILLIAMS YeS I'm going to be voting 7 The proposed rozomog ~s consistent w~th tile 8 against this motion based upon safety Umverslty ~s the 8 concept plans for PD 170 PD 172 and PD 176 And the la:,d 9 cruise capital of Denton for teenagers and I don't think a 9 use is consistent w~th the Denton Comprehees~ve ?lan 10 car wash Is in the best mtemst of thc youth of this city 10 the time the staff report was writ~n we worn not prepa~.d 11 on Umvexs;ty I don't think that there is very much 11 to reconunend approval however because we had son ~ 12 econonuc developmeot for the total cmzens of Denton 12 concerns first of ail regarding the r~ght of way for cr 13 because there's not, and I'm talking about the car wash 13 thc proposed future right of way for fnmre FM2499 w[u,*l 14 because you don't hire a bunch of people to work at a 14 shown here And also staff had concerns regarding th · 15 self-servlea car wash So to me, and listening to this 15 ten acre colmnercml site right here However the appl ant 16 motion being - at this project being put together, it's 16 17 bad We spent as much nme and much discussion being put 17 MR R[SHEL Ten acre colmnerclal site right 18 m a car wash as we put into major developments with many, 18 where9 19 many homes going in So for that reason I will be voting 19 Ma OR.~.V The ten acre conmlereml site bore ,, ~0 against tius motion 20 tho corocr of Teasley and Robinson It Is not part of th ~ ~1 MR ENOELBRECHT Any Other discussion on the 21 detailed plan 22 moUon? In that ease, tho motion is to approve with 22 Mn RISHEL It's hard to sec when we're not on 23 conditions Vote, please Motion carnea 4 I (WILLIAMS 23 the deau-cam 24 VOTEDNO) 24 MRORAY mght It's rlght there Itlsnot 25 We'll move onto Agenda Item No 11 which is to 25 part of this detailed plan but we had some concerns abc~xt PLANNING AND ZONING 5-24-00 ROUGH DRAFT 49. Page 89 - Page 92 CondenseItTM Page 93 Page 95 1 that site bmng integrated into the rest of the commercial 1 height restrictions as part of the for the conunerclal 2 However since that time the applicant has come to us with 2 areas I would feel much more comfortable knowing with 3 some information, some addltaonal reformation that staff is 3 certainty what's going to go there The applicant dee.s not 4 evaluating and I should probably let Mr Powell speak as to 4 know that at this tune But we do th~nk that at a m~mmmu 5 what the status of that at this time 5 prowdmg for that access to provide ['or the residents to 6 MR ENGELBRECHT ^11 right 6 get to that conunercml area ~s appropriate and the eppbcant 7 MR POWELL Good evening, Commissioners Let 7 can speak to those So hopefully those are an updat~ o! 8 me wnta on this There am two ttungs that were in thc 8 the two issues that were spelled out in yottr staff report 9 staff report as outstamhng issues The triangle I just 9 and I'll answer any questaons you might have I know thc 10 drew in, and hopefully you can look on your plan and maybe 10 applicant does have a presentataon, too 11 see it a httle blt clearer and I've got a bigger copy, but 11 Ma ENGELBRECHT SBre ~' Rlshel 12 th~s area Is off the premise of the preperty controlled by 12 MR RlSHEL when we say access we're talking 13 the applicant What they're proposing to do is realign 13 about a street a road a highway9 14 The roadway used to swing out here and actually go through 14 MR Or. AY NO In th~s area a would just be a 15 this area This property ~s zoned by the adjoining property 15 pedestrian access I apologize Just a pedestrian yes 16 owner Our concern was that we had no way of obtaining that 16 MR RISHEL ! heard you mention 30 or 40 leet 17 parcel And not having that abthty, this roadway may or 17 Ma (,any Between 40 and 50 feet 18 may not be in that ahgnmeat 18 MR mSI~Et okay 19 We thd receive a lector Friday after the staff 19 MR GRAY what we thdn t want to do m talking 20 report was written from tho apphcant that said that if this 20 w~th thc applicant 21 parcel for the alignment of 2499 could not be obtamed by 21 ~R mS~EI it sounds like more than a bike 22 thc County who has agreed to obtain the right of-way for 22 path 23 the extent of 2499, that flaey would purchase that Thus, 23 MR GRAY Yes and somethlng mure than just 15 24 assuring us that the ahgnment proposed as part of this 24 fc~t between houses And that s again I don't tbmk 25 detailed plan, which is different than the previous 25 we don't know what the design ~s or how it would actually Page 94 Page 96 I alignment of 2499, could, in fact, take place So that was 1 look but we think that it needs to be of significant width 2 the first Issue that we think is resolved with the le'aer 2 that it would encourage pedestman act~wty If you have 3 and Mr Saknon can speak to that Issue if you have questions 3 something that's ten feet wide, 15 feet wide I think a's 4 and I think we have copies of that letter But we do 4 going to be a nuisance and I think the applicant agrees that 5 behove that that can be dealt with in terms of a condition 5 you won't sell the houses next to it We think that thc 40 6 stipulated in that letter 6 50 feet width will provide a true linkage between thc 7 The second one is maybe a httle blt more tricky 7 cmmnercml area and the resldenual area 8 and it was only this evening that I talked to the applicants 8 MR raSHEr thank you 9 about it directly This Is a ten-acm cmmxtercml piece on 9 MR LNOELBRECHT while you're here, would there 10 the corner of Robinson and Teasley What they've done is 10 be any sort of parking on the residential side? So only 11 not include this as part of the detailed plan We were very 11 pedestrian bicycle access ~ 12 concerned, fills IS a PD that the uses, the commercial uses 12 MR GRAY Yeah 13 and the resldenaal uses were not going to be designed to 13 MR FNGELBRECHT okay 14 integrate one to the other that we would have, in fact, a 14 MR GRAY ^nd here's a larger scale map You 15 commercial area walled off Everybody would be forced to 15 know right here you have this nice cowanon area You 16 get onto the thoroughfares to access it from the residential 16 already have this street that kind Gl bubbles out that 17 area They have provided a veh~culer access on the western 17 doesn't have houses on the one side So we've got it tied 18 side there 18 into this common area All we need to do is get through 19 But tonight in talking with the epphcants 19 basically one lot to get to the commercial and we think that 20 they've agreed to making a connection from this common open 20 that can be accomplished 21 spaoe a~'ea to the co~mnercial area of 40 50fee~of 21 M~. ENOELBRt~CHI My only questaon ls you don't 22 s~gmficant w~dth, not something that would be 15 feet ~n 22 think there would be some problen~ in the future with folks 23 between two houses That would allow the penple that were 23 flmrt the fai end of that subthvlslon dr~vmg up parkmgon 24 hvmg in the single family are. as to access that cormnerclal 24 the street and walking through there? 25 area As part of the concept plan, there are setbacks, 25 MR GP. AY NO S~noe there is a vehicular PLANNING AND ZONING 5-24-00 ROUGH DRAFT Page 93 - Page 96 50. CondenseltTM Page 97 page 99 1 access right here I thmk ff people are in thatr cars, I can't get all the developers lo dec,de to coordinate 2 they 11 just continue to drive 2 architecturally we could do ~t maybe w~th banns and 3 MR ENGELBRECHT okay All right The other 3 landscaping 4 question I have with regard to that ts something I brought 4 MR ENGELBRECHT oh yeah If we don t ever 5 up at an earher meettng on a different parcel which is 5 rinse tile ~ssue we re never going to get ~t 6 across the road and up just a httle ways There ts 6 MS OOURDIE I know 7 another, there is cnrmnfly a developed r~mtl feolhty just 7 MR ENGELBRbCHT It appears to me that s what 8 north of here that is vacant There was proposed act ess the 8 wc gel is little pieces on little corners 9 street have any of these apphcants do you know whether 9 MS GOtJRDIE mst knowing who we re working 10 they've talked together about trying to hnk all of that 10 w~th it s going to bc an interesting tooth pulling session 11 somehow to make it appear more as one center as opposed to 11 So we could do a with landscaping would also be another 12 ttmm little p~eces that, obviously, one already doesn't 12 opnon 13 woikV But more density may well help that 13 MR ENOELBRECItT ITUe Very good Is 14 MR ORAY 1 don't know You could ask the 14 petitioner or petitioner s representative present? Sqr 15 applicant 15 MR PFNDERGRASS I m Robert Pendergrass el 16 MR ENOIELBRECHT okay 16 Eastern Development We re m the Dallas/Plane area 7 MR GRAY I do know that the developer, the 17 Ma ENOELBRFCH] thank you 18 potential developer of the Archa~ piece RyanFFeasley piece 18 MR ?VN~I~.t',C,RASS we've been here before you I 19 we've talked to thm. n about that very same tssue that you 19 thmkthitdorfourthtnncnow Ify'allmncmber Iai 20 know you have three corners, tf you will, each ~n acres or 20 gmng to make about throe minutes of history on it If 21 so that eombmed you have somewhat of a node there for 21 you'll rmnember this tract was the old original Whealer 22 co~mnerclal activity And I think tn that case al1 the 22 homestead 160 acres basically square And the tree hne I 23 pieces together are much more than the ~n&vldual parcels 23 tlnnk Elizabeth at one tnne you talked about how you lov,.d 24 MR ENOELBRECHT okay Thank you 24 to see the trees and we have retained file ~nalal concept 25 MR REICHHART one of the other constderaUons 25 plan We ve had no dcwat~on and I think that staff just Page 98 Page 100 1 though ts, ff I remearther right when the concept plan was I said that If anything m om design now that we fi'om the 2 approved, that the arcbatectural el~nents of the co~mnercial 2 first time we came before you and did just th~s tract when 3 area were gems to mirror a lot of the architectural 3 we owned ~t we've now acquired this tract and what we call 4 elements in th~s project the bridges that they had and the 4 tile Kirby tract 5 conuuuntty centers and such hke that Sothey'vestartcda 5 Hindsight we would have come m m one vo and 6 flame already and now to marry that mtn all the other 6 done it all at one tune but who would have known that wc 7 themes is going to be a httle more difficult 7 would have gone on an acquisition trail Howeve~ being 8 MR OUAY well, and I would say from a staff 8 that th~s was the first s~p that we went through wc 9 standpoint I think that the development that is ~n acres 9 continued the concept and have now brought ~t on down m and 10 is gems to be crucial in the design of that m making sure 10 we'll get to that page ~n just a second as well as thc 11 It's architecturally compatible tn the nmnber of driveways 11 Kirby tract These are qmte a bit inore pastures but there 12 and what have you It's go~ng to be nnportant I think at 12 are some features In what we now call Pmnell I think it s 13 the mtmmum, the Planning Coirmuss~on and City Council mighl 13 called Top el thc Hill At thc end of thc day the whole 14 feel Ws appropriate to leave those decisions to when they 14 thing will be called fl~c Wheale~ R~dge K~rby tract has 15 actually have tt in use I behove at the mmunum providing 15 very little tope featm,es to deal wlfla or preseiwat~on 16 for this linkage ~s a one piece ff we don't get tt now wc 16 In that going mtn the concept area this is 17 won't have the opportunity to do that tn the future We can 17 what you originally saw And when we first came ~n w~th 18 deal w~th the architecture tn the future We can deal with 18 Wheeler and ttus ts what wont through The only design 19 compatibility in thc futore But this is a one piece 19 change m flus from what you originally saw when we first 20 because they are cormng in with the detailed plan for the 20 started the Wheeler Rldg~ it's bean a year now th~s month 21 rcsldentml If we don't get that linkage now, it's gomg 21 s~nce we started th~s was what Doug is right through here 22 to be lost 22 Th~s ~s now showing about five acres but actually thc ten 23 MR ENOELBRECHT Right Thank you Ms 23 comes down to this hne and that's what you see on the next 24 Gourthe did you have a question? 24 page we're getting ready to look at We originally had as 25 MS OOURDIE NO I was just going to say it we 25 Doug has reqm.sted a trml that came from the conunon area PLANNING AND zOlqlNG 5-24-00 ROUGH DRAFT Page 97 - Page 100 51 CondenseltTM Page 101 Page 103 1 now, remember the commercial comes down to this point in I consultant that was up earher and show~ng shdes basically 2 what we're getting ready to turn to -- a wallang trail that 2 were kind ot mirroring th,s type of project 3 hnked that Because staff in the early days, and we were 3 On the 2499 issue that has been such a moving 4 helping with this Comprehensive Plan and trymg to make this 4 target We ve had mccnngs in our office with Larry and 5 to the new approved Comprehensive Plan, we had the outer 5 Dave Hill I think was in attendance and Mark Donaldson 6 trad in to walk so we can have our cocktail and walk in the 6 Huckabce from Connth properly owners We've really beeo 7 evening, and do a loop in the trail system through and so 7 trying to drive that train Where we are now w~th that the 8 forth And we had access here and here We d~d not have a 8 County s engineers are act,.tally out in the field as we speak 9 road access And we did have a trail linking 9 using our pinpoints and verifying surveys So where that 10 When it went from this Colmmssmn approved 10 cuds up I don't know The p~ece that Doug spoke to r~ght 11 concept through, when we hit Council it was specifically 11 ~n here we had a meeting s~x months ago with Dave 12 asked to be removed and hence, this ~s the adjus~xl plan (if 12 Rick Svala and M~ke Jess our engineers and myself and wc 13 that We have always believed that there ought to be a 13 discussed that It was d~scusscd at that meeting that the 14 trml hnk from here to there However, at Counml concept 14 ahgmnent that was set when back m the old 288 days ~ts 15 approval, it was requested to be taken off So we're a iht 15 too narrow Thc C~ty el County is going to have to take 16 confl~cted We are supportive of that but we am confl~cted 16 more of that ded~catmn reserve anyway And we said look 17 in the process of Councd s not going to sec prehmmary but 17 let's just cut to thc chase We'll stand behind a ~f the 18 we've agreed to do sometlung Now worm going hack to 18 Comity docs and so forth 19 prehmmary And I'm going to look for Doug's mput of how 19 We have worked with the Pulta developers We 20 to handle that in this Commission 20 have wnttan agreements that now w~th Pulte about closing 21 Moving on to front of you I'm sorry we 21 Nowhn whmh will now have to go back through tlns 22 thdn't gar a lot of copies m hem 22 Conmnttec again and closing a m the north and south and 23 MR ENOELBRECHT I think we all have one 23 abandoning it and reroutmg that through our development 24 MR PENDERGRASS TO wh~ we are today as you 24 We are m agreement w~th them now and s~gned i behove 25 can sec them has b~n no deviation m what the Council 25 staff has a letter from the Jester family here I'm get~mg Page 102 Page 104 1 approved in concept plan in the general original Wheeler, I a nod saying please close a so we have the proper~ owncrs 2 Kirby or Pmnell I think this is Top of the Hill in yom 2 on that There's a lot of work we have left to do ove~ the 3 eD what we have done though is gone beyond the original 3 next t'.c~rec or lour years But as we go into those issues el 4 apploved concept plans in that now the green you see colored 4 Nowhn Road and so lorth hopefully we've got thasc done 5 tn and by the way I did that by myselt and I learned to 5 Those wdl have to come back to your approval 6 color belween the lines qmte well we now have 46 acres of 6 In this piocess of one year ['rom where wc 7 open space 7 started From concept plan our concept plan when we went 8 In the purk areas that Doug talked about in the 8 through was ahnost a detailed plan Our detaded plan now 9 dedlcat~xl area which is this area Parks camo back which 9 is in fact 11 we change the heathng, a prehnary plat 10 exceeds park reqmrea~ent dedication for all three ~'D S 10 Thc only thing that wc re really lacking other than some 11 Parks said we'd like to have a junior playground area that 11 tightening up and somehow figuring out how we can hopelully 12 was maybe for kids with the jungle jlms and so forth So 12 all of us get this back in is the hydrology reports which 13 we've now added this and they're go~ng to take that We've 13 shouldbe~n Ifth~slsapprevedtomght we antlcipate to 14 also agreed with th~n that the Ilo^ in some sort of 14 be back in fi-ont el you again You will see exactly the 15 turmahzed agreeanent wall maintain th~s and that's also for 15 same Please keep these presentations because W s going to 16 the HO^ s benefit in that we can maintain a at a h~gher 16 be the same just a dlflerent heathng Any questmns9 17 standard and a higher l~el than the Parks can afford 17 MI~ t ~qOCt m~FCHI conumss~oners Ms (murd~e 18 We are also going to, when we put playground eqmpmeat ~n 1 g MS ~OURDIE [ do I'm curious as to why you 19 this area and perhaps in this ama we're gmng to 19 d~d a pink and red motif on the one corner 20 coordinate so the playground eqmpmeat is all the same 20 Ma PENDFRGItASS It was a chmce between 21 Parks Is going to work with us on that even thought their 21 chartreuse lavender and ] did stay in between thc hnes 22 domlnlOU is only in this area 22 MS C,OURDIt ts It still colmllerClal or Is it a 23 In general, this was one of the early projects 23 special commercml? i noticed thc pink is the over hne 24 coming through where we did a little smaller lots than 24 MU PENDFRGi~ASS Pink is the cormnercml If 25 non~aalbutaddedmgrecn space Inotacedthatthe 25 you'll look m this area whem a's kind of stnpcd Idtd PLANNING AND ZONING 5-24-00 ROUGH DRAFT Page 101 - Page 104 52 CondenacltTM Page 105 Page 107 that by myself, as well, that it zoned Agricultural right I perspecnve Staff has some concerns from their 2 now The area hack m hero, ~f you can follow this dotted 2 perspective 3 line ~s m a flood When 2499 comes through, we'll end up 3 ua PE~qDeRGR^SS I don't think we have any 4 w~th a little piece We have agreements from Pulte of what 4 concerns between staff and us on this with the walkway 5 we would use that for on a commercial basis Obviously 5 through here 6 this is already zoned Commorcml We don't know when and 6 MR ENGELBRFCHT okay All right 7 where that's wable In our agre~nents w~th Pulte ~s this 7 MR PENDERORASS There never has been The 8 would come back m k~nd of like a daycam center or a garden 8 concern is we always wanted a, staff originally kind of 9 office or possibly a mumclpal services like a police 9 recommended and Councd took it off because they thdn't want 10 substation that type of thing So in the meantime, that's 10 these people walking in here The conflict is not between 11 Ag 11 us and staff We~m on the same page It ~s Councd s 12 MS OOURDIE Thank you 12 never going to see a pmhmmary plat and I'm conflicted of 13 MR PENDERORASS And there am cows on it 13 are we going behind thmr back And I leave that ~n your 14 MS OOURmE Thank you 14 hands 15 MR PENDERGRASS Any other questions? 15 MR ENGELBRECHT Got you Okay 16 MR ENGELBRECHT Mr Rlshal 16 MR PENDERGRASS Take me off the hook on that 17 MR RISHEL Mr Ellis may want to talk to you 17 one 18 about a car wash and a laundry 18 MR FNGFLBRECltI' ^11 right Ms Gourd~e 19 MR PENDERGRASS I don't think It's gomg to 19 MS GOURDIE I have just one question Wheo 20 quite work but if we have a few hours we can probably work 20 will you be developing the commerelal property'~ 21 through that 21 MR PENDERORASS That depends on staff 22 MR RISHEL okay 22 MS GOURD[L SO do you think fills wall be 23 MR ENOELBRECHT SO you're wdhng to take on 23 developed out 24 the staff recolmneadation with regard to a pedestrian access 24 MR PFNDERCJRASS oh, I m sorry commercml I 25 through into the 25 thought you were saying the residential Page 106 Page 108 I MR PENDERGRASS Jim it was in our original 1 MS GOURDIE NO 2 drawing 2 MR PENDERQRASS Fhzabeth I think that maybe 3 MR ENOELBRECHT Yeah 3 Sally or somebody said it until these are built out right 4 MR PENDERGRASS we wanted it there and we 4 acioss the street is Ashtonwood Homes Paramount 5 believed in that We wanted the people to be able to walk 5 Development They bought your horse farm 6 from this area in here And this will be serpentine and so 6 us GOURDIE [ know I saw 7 forth in them The conflict is our desire and staff ~s 7 MR PENDERGRASS ^nd they're on the way to see 8 conflicting with what Councd took off the Agenda 1 will 8 you But they're using the same engineers This collector 9 say that in all the setbacks and you've heard this story 9 road ~s gmng to match our entries We're going to try to 10 before each time we've come through, our budget in the 10 co design all that I don t know 11 landscape m this is $500,000 00 We certainly would want 11 MS c,ouaDIu ()kay I Just wanted 12 these peoplo to be m hem and pool through Ithmkthat 12 Ma Pe~qD~RC,ma. SS Threeyears fouryears 13 the issue that you brought up of parking cars, which was 13 MS GOURD[E I don t want to see another 14 always our ~ssuc, too, in here this roadway m was also a 14 Teasley/Teaslcy s~matlon ~n which file people that are 15 contention We behove m it because ~t ehmma~s what you 15 buying their homes doesn't understand that th~s ~s going to 16 talked about of residents pulling m here and then 16 be coimnerclal property go will y'all please s~gn ~t saying 17 parking, Parking then becomes the sub parking lot of 17 cmmnermal big bright letters? 18 that So we feel th~s is good because no one's going to 18 MR PENDERGRASS 1~ Ule tell you what we d~d in 19 colne in and try to bike cut into here by coming in and 19 our Fort Worth project We did it in our Coppell at 121 and 20 wondering around But these people can come inght in, and 20 Denton Tap There ~s a big deal up there and it has an 21 these people being the subdivision 21 outline of all of the subdivision and it says future 22 MR ENOELBRECHT SO I take it from your 22 coimnerclal WCve had ~nstances where people call and 23 comments that if we have a condition it s best to be 23 they've been there they bought they don't do their 24 extremely general on it so that you-all can work this out 24 research or something We put ~t on pnnted ma~nal We 25 with staff You have some concerns from the devolope~ 25 get all over that PLANN1NG AND ZONING 5-24-00 ROUGH DRAFT Page 105 - Page 108 53. CondonseltTM Page 109 Page 111 MS GOURDIE All right Because 1 really am I letter Maybe later 2 very strong about I've seen this happen quite a bit On 2 MR ENGFLBRELHT ^11 right Any other 3 every single thing that we've had tonight there ~s 3 questions for the petitioner at th~s time? Okay Mr 4 residential up against proposed commercial And I think it 4 R~shel I believe we do have one 5 should be mandatory that y'all have to just post signs 5 MR RISHEL Yes s~r, Mr Pendergrass would 6 MR PENDERORASS It's not mandatory but I'll 6 you put this Enclosure No 3 on the docu cam and then tell 7 tell you what, you don't want to be on om' end when those 7 mc during your wonderful drawing, how that lines up w~th 8 phone calls coree m We just put it r~ght up front and a's 8 Street EE or where that or if it hnes up with Street E£ 9 there 9 What I m noting is what we have there is a future collector l0 MS OOURDIE DO it on the other spots, too, 10 that's referenced 11 even though it's 2499 11 MR PFNDERGRASS oh you*re talking about right 12 MR MORENO YOU don't want to be sl~ng up 12 here9 13 hereelther 13 MR RISHEL YeS Sll 14 MS GOURDIE Yeah 14 MR PENDFRL,I~ASS That ts the read that we're 15 MR PENDERORASS oh, yes 15 talking about that's go~ng to the Ashtonwood's development 16 MS OOURDIE SO thank you That's Just my only 16 that's going to hoe up exactly right here 17 request 17 MR RI~/HEL wath your EL9 18 MR PENDERORASS The requlrcaneuts that we put 18 MR PFNDFR(JRASS YeS, that ~s correct That s 19 in and Councd insisted was, how we did it, I think Larry 19 also where we re working we have the same englneccs the 20 spoke to it of the archl~:turally a masonry wall and so 20 same land plannm s and we're working on kind ol ] forth and a lot o! that We don't want the headache either 21 coordinating that They'll have a dlfferont entry but n 22 MS OOURDIE Just let th~n know 22 will be the same flavoI and file salun look so that we're not 23 MR ENOELBRECHT Mr Moreno 23 having bronze steel going up on one s~de and rock on the 24 MR MORENO Yes~ sir, [VIi, Pendergrass, have you 24 other side 25 seen this lelter signed by David Salmon? 25 Ma mSHEL I was Just trying to check the Page 110 Page 112 MR PENDERORASS Ivehadnmnerous Pmsorry I ahgmunntbccause~tlooks hke Wlthmydrawmg adoesn't 2 l don t know which one Yes yes, I have seen that 2 look like it hoes up and I didn't have anything to 3 MR MORENO And have you responded? 3 relerence that to 4 MR PENDERORAS$ I believe that Doug said that 4 MR PENDERORASS And their road where a comes 5 those Issues have been worked out We've wnaen letters 5 through it's showing a straight it actually kind of turns 6 and we've followed what we agreed to ~n om' meeting with 6 and comes up but that road on this side I believe 1 don't 7 M~ke Jess Dave Hill, and Rick Svala s~x months ago That 7 believe it s ~n tile Thoroughfare Plan but it s in more of a 8 letter ~s now on flle and they have a copy of it AndI 8 longtennplanloltheC~ty so wc re all try~ng to work 9 behcvc that Doug confirmed that that issue is not an issue 9 tugcther 10 anymore I'm sorry I don't have a copy of our response 10 Mn RISHFL GlOat That s all I wanted 11 letter 11 MR PENDI~P, GRASS And as acomes through I 12 MR ENOELBRECHT Yeah, It was my understanthng 12 beheve ~t turns up and goes to Ryan Road at one point 13 that's what Mx- Powell was explaining to us lretially 13 MR RISHLL I couldn't ;ness your sophisticated 14 MR PENDERORASS This letter went out, has been 14 drawing w~th 15 out for awhile I tlunk there was confusion when we smd 15 MR PENDFRGI/ASS Thank you again on my talent 16 we've pay condemnation expense We assmne that meant 16 there 17 anything including land They asked us to put hack and land 17 MR UlSneL ahem was a little spot that was 18 which is what we'd already agreed to We did that and I 18 colored outside the hoe particularly on the circle 19 think that's no longer an open lte~n Staff and 19 MR PENDFRORASS well I was afraid you'd catch 20 Tlansporttulon is one of numereus County County 20 that 21 consultants Pulte Homes, all have been trying to work 21 Mit RISHEI Yes $1r 22 through this alignment 22 MR FNGELBRECH] ^ny other questions9 Tlmnk 23 MR ENOELBRECHT md you have any other 23 you 24 question, Mc Moreno, or did that 24 MR PENOEROR~SS You're welcome 25 MR MORENO oh no, I'm trying to read this 25 MR ENGFLBRECHI Thank you Is there anyone Page 109 - Page 112 PLANNING AND ZONING 5-24-00 ROUGH DRAFT 54 CondonseltTM Page 113 Page 115 1 present who would hke to speak in favor of th~s pet~taon? I I think a's over on the map that they had It starts at 2 Anyone px~ent to speak in favor of the pot~taon? In that 2 Hobson Road and comes down about I 000 feet The th~ngs 3 case ~s there anyone present who would like to speak in 3 that bother me a htile blt and I would hke to 4 oppea~aon to the petmon? Yes s~r If you would please 4 comphment theln on putlmg m a mall area because one of the 5 g~ve us your name and address for the record 5 dungs that they used to say when I went to meetings was 6 MR STEWART mchard Stewart, 2710 Cresiwood 6 don't let anybody make strip malls out of your arterial 7 Place Denton, Texas I mn not sure whether I'm opposed to 7 streets And that s exactly what we ye done up on 8 ~t or not but I thd say at the start that I was because I 8 Umverslty D~lve And I'm real pleased to sea that they are 9 can change my mind There are several things on there that 9 pumng one of those m However I doubt very seriously 10 k~nd of bother me a httle ba And one of thmn is I mn a 10 whether you can have threa conunemlal spots there on the 11 survey last - about a year ago and 1 wont to the Council 11 north or the southwest s~de of Ryan Road, the area on the 12 with ~t concermng the bmldmg that was gmng on on Teasley 12 east s~de, and then thts area that they're talking about I 13 Lane and Swisher Road It's all the stune road once ~t 13 don't think that at the present tnne ~t will support that 14 turns It's kind of Swisher when ~t gets to Connth 14 But ~t may torn out adequately 15 And the flung that mazed me from the mfonnat~on 15 What I'm alfred of is what has bean suggested 16 that I got from file C~ty was that on It's exactly a mdc 16 over on the southwest s;de of Ryan Road And that ~s that 17 down to Sw;sher Road from Ryan Road and tf you go a 17 d they can't put Cmmnercml zomng m there or get 18 halfnuleonmthers~de, you've got a square mfle If you 18 conuncrcmlpeople thattheybtuldaparUnents Andffyou 19 put m sF 7 all the way through there, whmh when I started 19 want to add to the problem that you re already going to have 20 to look everything m there just about ~s sv 7 that they're 20 with sv 7 you're gmng to have apartments - you're gmng 21 budding m Connth and around ~n the Denton area, too You 21 to creale a worse problem than what you had before 22 wdl have about 8,000 homes You'll have about 16 000 22 MR ENGELBRECH r That's the five m:nutes Do 23 adults hwng there You'll have about 16 000-plus chddren 23 you have any other does that pretty well stun ~t up? 24 there Therewfilhal6,000ca~s In each car ench day 24 M~STEW~I well the only thmg that l can 25 wdltekeaboutfivetnps So that means fivetunes 16tu 25 say~sthat I may change my m~nd from what I've heard d Page 114 Page 116 I which they'll be going up Teasley Lane or Swisher Road At I they'll say one thing What am the size of these lots ~ 2 the present tune that's just about the only way to get m 2 MR LNGELBRFCIIT we'll ask staff to answer that 3 and out of there 3 but there s a range and they hst the range 4 I suggested to the Council at the ume that they 4 MR PENt)EI~Or~ASS our densUy approval ~s 3 7 to 5 get together w~th the C~ty of Corinth and the school board 5 the acre Our density actual m our detaded plan *s about 6 and start putting crossroads across there that they weren't 6 3 3 to the acre The lots range m s:ze from 6 500 square 7 that you didn't have to start an addxtlon and then decide 7 lbet to over 10 000 square lest 8 where you're gomg to put a road I was also concerned w~th 8 MR STEWAaq well the property that I was 9 2499 coming up whom ~t was gmng to go and that was 9 suggesting that they do they go to si' l0 and so that was my 10 answered tomght to whom it looks hko whom ~t's going to 10 objecnon to a I think you re pulling too many houses on 11 go 11 too small a place If you continue all the way down a's 12 If this ~s SF ? property that they're going to 12 gmng to be a mess before you can handle it 13 have and all the way down there, for example, you're gemg 13 MR ENGEI BRECHT okay Any quesnons for Mr 14 to have a lot of people hvmg there and you're going to 14 Stewart? Thank you Was there someone else who wants to 15 have a teal traffic probleau And plus the fact that 15 speak in opposition? Yes, s~r 16 unht~es are not m yet ~n adthtlon to tile roads I think 16 Ma IIAMPTON Good evening My name ~s Dan 17 that despite that fact you have to have some sort of an 17 Hampton 1 bye at 2798 Robinson Road I cames a Denton 18 ~ntennedlate in between thc trtuler homes that they have 18 madmg address I mn m the County I am across the 19 along Ryan Road and Hobson Road Andlthmkthatyouhav¢ 19 strcctfromthcC~tyhm~ts I know thc hour ~s late and I 20 to have some cons~dera~aon for the property on thc corner of 20 appreciate your patience Th~s ~s my first t~me to speak to 21 Ryan Road and Teasley that they've already built there and 21 the Co~mmss~ooers and I ask for your understanding ff my 22 they're very small lots very small houses In fact, I've 22 protocol ~s not exactly as you're used to 23 seen better looking barracks on Army posts than I have the 23 MR ENGELBRECItT It wdl be fine 24 back end of those houses 24 MR HAMPTON I would hko to address two 25 I suggest - I own the property d~recfly south 25 ~ssues One of them is the roads of Teasley Lane and PLANNING AND ZONING 5-24-00 ROUGH DRAFT 55 Page 113 -Page 116 Condona~It m Page 117 Page l 19 I Robinson Road I did not hear anything menUoned regerdmg I hedroom I feel hke that moving U over to the west U 2 tile developer's commitment to improve or expand Robinson 2 does not revolve cuUlng through any homesteads It's only 3 Road I do not know if that's in the plan or not Robmson 3 undeveloped land that ~s ~n the planmng stage now And I 4 Road Is a narrow two lane County road with no shoulder 4 would hke som~ sensnlvay regarding ex,sling homesteads 5 Teasley Lane is also a two lane road with a narrow shoulder 5 versus planmng or devetopmeM ~n the planning singe llaank 6 and there:, at this pomt m time, there is no commitment or 6 you 7 financial backing to widen either one of those roads 7 m ENGELBRECHF Them at~ some quesUons Mr 8 My next point ts I don't know if th~s property 8 W~lhams 9 development can be broken up ~nto three sectmns The part 9 m WILLIAMS Yes D~d they I guess I 10 l in concerned about is the Kirby part I have a handout? 10 always had a problem wUh somebody going to buy some land 1 I ls it appropriate or would a be okay ff I hand you one? 1 [ when l heard ~f the County doesn't get a we'll buy It 12 MR ENCJFLBRECHT That would be title If you 12 And how do you buy somethmg from somebody who doesnt wanl 13 want to just hand lt over they'll pass them around 13 resells9 $o I'mhawngproblemswlththa! 14 MR HAMPTON The second issue regards the 14 M~ ~4mO~o~ ti I may answer that 15 ahgnment of 2499 I'm working w~th two different nmps 15 Condemnatmn is the answer 16 One of them ~s the one that was pmwded by the City The 16 m WmLIt, MSr know and l'm hawng problems 17 other two, whmh zs your front two pages are the oues that 17 wah that And also have they been to talk to you at all? 18 was provided by Halff Associates the engmeanng group that 18 m ~to~ No because they are stall m the 19 I~ doing the ahgnment of 2499 The second page well 19 process or sm'veymg and the exact points have not been 20 first off, you can my interest is in tho Robinson Road 20 pinpointed But wnh John Polster and Halff Associates 21 and 2499 crossing, as you can sec on this larger view map 21 th~s is whele Ihey're surveying and th~s ts what they wdl 22 The second page details that lutes'section of 2499 and 22 he proposing 23 Robinson Road My property ~s right here 23 m wa t.t^~s okay ~Ihank you 24 I'm going to ask that the Cormmssloners delay 24 m es~ra~c~r ~tr Hmnpton how long haw you 25 voting on tins particular, what would you call it, plat 25 known about th~s paxtmulm- ahgnment proposed ahgnmenP Page 118 Page 120 1 that's development that's in front of the CmmmUec at 1 MR HAMPTON t would say s~x weeks Earber 2 th~s point in tune I'm going to be proposing an 2 on the north side of Robinson Road where tile Oakmont Phase 3 al~rnattve ahgnment for 2499 for a short section of the 3 tl development ~s we were not property reformed el that 4 road Item the Robinson Road area, north and south If that 4 zomng change We did not have an opportunay to be aware 5 alternative ahgnment ~s accepKxl, It would ~mpact the land 5 of ~t or I did not have an opportunay to be aware of ~t nor 6 usage for the Kirby tract I'm suggesting tl~e alternative 6 speak to the Conmussioners at that point in time And 7 and I have a map on the back page I spoke with Ilalff 7 essentially what they the developer lined ~t up cutting 8 Engineering several weeks ago and John Polster ~s that the 8 tt through our property At that tnne ~t may have bean 9 he ~s the person that the County's Cmmmssloners Com~ 9 conceived as Loop 288 10 has g~vea the authority to head up th~s engmeermg group 10 it has only been wlflun tbe last month or so 11 and come up w~th the ahgnment And lie suggested if I had 11 that the C~y has started sending nonces courtesy nonces 12 an alternative, draw a map and present a So that's part 12 ~1 you wdl Originally we were m the County we d~dn t 13 of what I'm dmng But as I said, a would impact the 13 exist so there was no legal obligation nor was there any 14 Klrby's plat 14 knowledge that we lived there 15 MR ENOELBRECHT YOU have one minute if you can 15 MR ENCJELBRECHT It IS the current proposal 16 wrap it up 16 not the one you have but the other one is that the old 288 17 MR HAMPTON okay As you can sen from the 17 ahgnment'~ 18 map I'msuggestmgflmttheahgnmentwbereltcomesnorth 18 MR HAMPION My current understandmg ~s yes 19 elf of State School Road go west approximately 300 feet or 19 Ma e~oel mU~CH r okay Did you know about u 20 so and then come back down in on the eastern boundmy of the 20 before? 21 Kirby tract If th~s is not accepted the alternaUve ~s 21 MR HAMPTON Not until ~t was all smd and 22 Ws gomg to be cu~ng through my homestead and my 22 done That's what l was referring to earher Therewasa 23 neighbor's adjacent homestead which has been there for 23 zoning change request by the developer to the north of us 24 20 plus years It would be taking property from us It 24 A s~gn was posted for development for a zomng request 25 would be putting the h~ghway within 15 to 20 feat of my 25 change I called and asked about ~t I was reformed that PLANN1NO AND ZONING 5-24-00 ROUCIH DRAFT Page 117 - Page 120 56 CondenseItTM Page 121 Page 123 I it had gone back to Conumttee The sign was never rmnoved I point Mr Salmon 2 I called back in the lnl~TllI1 time to ask and it was still m 2 MR SAI MeN Just as a petal of clarification 3 Co~mmttae The next thing we knew at seine point m time 3 on this particular case we're talking about when Oalanont II 4 down the road, the planning had been approved 4 north of Robinson Road was rezoned Goodness probably 5 MR ENOELBRECHT well what I'm saying is - I 5 tin'ce or four years ago At that time staff was only 6 understand that But Loop 288 had been discussed for a 6 senthng out the 200 foot noUficaUon which is basically 7 long, long time before 2499 7 reside the City hmHs At that time there was no courtesy 8 MR HAMPTON mght 8 notlficaUon So, I mean that was simply what was the 9 MR ENOELBRECHT wgqs~ you aware that that was 9 practice at that time when that property was zoned 10 the old proposed ahgnmeot for Loop 2881 10 Me, LNO£LBRFC HT sure Exactly And d~d you ] MR HAMPTON Not that location no It was to 11 have a comment Mr Powell~ I know they had asked about 12 the east of Its current location The last knowledge I had 12 what is the location 13 before it was drawn this was to the east of my property 13 MR eOWELL This orange blob is the apprommate 14 MR ENGELBRECHT Have you at all had any 14 location el his house 15 discussion with the petitioner Item th~s evening? 15 MR RISHEL I can tell that's part of David 16 MR HAMPTON NO I didn't know who tt was 16 Sahnon drawing lessons that you've been taking Thank you 17 MR ENOELBRECHT okay Any other questions for 17 MR LNOELBRE£HT NOW, Mr Hampton ~s that 18 Mr Hampton? Yes, iVh Rlshel 18 entlretmctyourprupertytherethatsol~tof ~fthats 19 MR RISHEL Mr Hmnpton, could I loan you my 19 your house what ~s your - if you could leave that Put 20 wonderful drawing here and if you could put it on the 20 that back up there again 21 docu cam and draw in your house, where tt would sit in 21 MR HAMPTON This 1s Robinson Road 22 relatlonshJp, I'd have a little better feel Thank you 22 MR ENGELBRFt HT Yeah but that won t help me 23 And then I want to address staff' I'm not qult~ sure 1 23 ~n relation to that other map and I in losing that We oecd 24 know that we notify people within our Ctty limits because we 24 a on that one 25 have data on that What Is our notification process for 25 MR REICHHAnl Mr Hampton I think the last Page 122 Page 124 1 people that are outside the City9 Does 200 foot still apply I page of your documentation shows it the best 2 and the 500 foot ruling apply if they're in the ETJ'~ 2 MR IIAMP] ON The last page ~ Yes it does 3 MR RIE[CHHART If We have mfonnataon on them 3 MR RF[CIIH.MCI ~hat one right there will show 4 we do send notification But they aren't on our tax rolls 4 MR HAMPTON It does not show the proper 5 so typically we don't 5 ahgnment that Ilalff Engmearmg 6 MR RISHEL We do not I'm concerned about 6 MR RFICHIIAR[ Rlght But ~t shows your 7 that 7 property in relation to the Kirby tract 8 MR SNYDER It'S not legally required because 8 MF, IIAMPTON I don't know if th~s xs I don t 9 there s case law 9 know how well you can see this Th~s is a I pulled th~s l0 MR RtaHEL I m thinking about courtly notice 10 off the omgmal map This is my property It s a I 1 at least though 11 reotangl¢ l ~ght here 12 MR REICHHART If We have the address, we'll 12 MR LNOELBRELHT okay Have you talked to 13 send tho courtesy 13 staff etther about flus our staff at all about th~s 14 MR RtaHEL And he's lived them 20 years so 14 reahgnment? 15 obviously It's not an address problem 15 MR HAMPTON NO We rgt. nlv~xl notice last week 16 MR REICHHAR~I BUt If the address comes up on 16 about the developmeot and that was really our first 17 our 17 knowledge of tt ] 8 MR ENOELBRECHT It won t come up HO our system 18 MR ENOE[ BI;;L£ H l okay Ally othgr qut.stlons for 19 necessarily It will be on the County system but not 19 Mr Hampton Conumssioners9 Thank you s~r Apprecmte H 20 MR RISHEL well, I guess I would hke to see 20 Is there anyone preseat who would hke to speak m 21 us try tO expand that I think It's a courtesy we need to 21 opposition to the pemlon? Anyone else present to speak m 22 extend to our neighbors whether we abut a City or we abut 22 opposition to the petition? Seeing no addalonal 23 ETJ areas And I'd like to see us revise our thinking in 23 opposmon we do have an opportunity for rebuttal 24 that on how we give notification 24 MR PENDFRORASS 1 dollar know ~f I have a 25 MR ENGELBRnCHT Let's take that up at a later 25 rebuaal other than PLANNING AND ZONING 5-24-00 ROUGH DRAFT Page 121 - Page 124 57 CondenseltTM Page 125 Page 127 i MR ENOELBRECHT A commeat 1s appropriate I want to be in either person's shoes on that But I want 2 MR PENDERORASS a great sense of feehngs 2 this Coimmttea to understand we are not driving that fram 3 for our netgbbor Two things ha did bring up which I think 3 MR ENOEUnRVC Ha DO yOU have any other 4 are Important is Robinson Road is a County road The land 4 coum~ents'~ 5 to the center line of tt is our property We've bean 5 MR PFNDERGRASS NO 6 requested by staff to dethcata that We've bean requested 6 Ma UNaFI m~.t~CHX okay Any questions 7 by staff' to curb and gutter half oI it The expense of that 7 Coimmsslone~ s9 There appears to be no questions All 8 curb and gutlenng, the land cost, we'd been asked to spend 8 right Thank you At th~s t~me the public hearing 9 about $500,000 00 plus a water line going beyond Robinson 9 closed Mr Gray any hnal staff remarks9 10 Road So we're heavily, heavily eadowed into the increase 10 Ma C,R~y Yeah I do have a law remarks Just 11 of capacity of Robinson Road Traffic engineering did a 11 a few things that I wanted to point out as clarification 12 study and said the cities, that we're going to have a 22 12 Of course, there are two conm~ercml tracts that are part of 13 percent impact We are paying half of the road, not 22 13 this, that are around this property They're obviously not 14 percent On Teasley we've been requested the State wanted 14 part of dus detaded plan But why we were more concerned 15 us to give an additional five feet, the City ask~ for 15 w~th one than the other we were concerned about th~s one 16 another ten So we're giving 15 feet of land We're also 16 because it s a ten acre tract that's surrounded on two sitles 17 pulling excel and decal lanes and that's bean coordinated 17 by res~deatml This conuncrcial tract we weren t as 18 with the property across the street to match that w~th the 18 concerned w~th First of all a's smaller Secondly it 19 center turn lane 19 only abuts houses on one side You have 2499 here and then 20 When it comes to the issue and, gosh, this ~s a 20 of course a power lille easement right there So ff anybody 21 heartbreak I mean, I've had Halff and Association ~11 us 21 is wondering why we were concerned about one cmmnereml 22 when 1 ask them about that has this been addressed who's 22 tlact but not the other that's why 23 going to address a I mean, it's a tough deal We are 23 Also m your backup if you have any questions 24 kind of cornered into the State is deciding what the turn 24 about the breakdown of lot sizes th~s ~s the site 25 radiuses are going to be be a 750 feet mdms down here on 25 dcvclopmeat data that was prawded m the detaded plan Page 126 Page 128 the south at Hickory which we are also being reqmred to One last thing about the detailed plan I would 2 dedmate and pay for We have no use for Hickory That's 2 hke to point out ~s that they will be providing of course 3 $500 000 00 we're being asked to spead and we don't need 3 land to dedicate to the park the Parks Dvpa~nent But 4 Hickory We don't want 2499 We did not request 2499 4 they also will be provid~ng prlva~a amenities They do have 5 This Is a City driven issue and a State issue It ts not 5 language In here as to when those amemtles will be 6 om development issue and I'd hate to get hold up on 6 provided In accordance w~th our ordinances, they will come something that has none driven we re not driving that 7 back and when they budd like the 300th house or something 8 train But these radiuses as they came from were not 8 that's when they might bmld the amemty centre And they 9 radiuses They're radiuses dictated to us 9 would come back for that little plot of land and subma a 10 The issue up here in what happens m th~s land 10 detailed plan 11 and th~s area, INs is all zoned part of the County, we were 11 MR ENtJELBRF( Hq AS We ve seas tn the past 12 given these points, as staff just talked about in the 12 MR ORA¥ ^nd the only other comment I would 13 Oakmont 11 when Oakanont n came m three years ago and set 13 have or thc only information that I would share wah 14 those points, that IS a starnng hne that we have to deal 14 Board ts m terms of opposaion I have rccmved two 15 with This little triangle that we talked about that Pulte 15 letters of opposition 111 pass these around I 16 has is called a dedication reserve 1 e, a was always 16 calculated tlus to be about I 6 percent 17 intentionally meant as a pivot back from the 288 days 288 17 MR ENOELIBRFCH] Please Any other comment 18 lsgono It ts no longer an issue It can be consldered as 18 Mr Ca'ay? 19 part of this It is unfortunate that these houses are going 19 Ma GRAY Not at this time 20 to back up to it and these houses are going to be separa~d 20 MR I~NGELBREC;I F ohay Yes Mr Re~chhart do 21 One of the problems has been through here, as you can sea 21 you have a cmmnent9 22 th~s dott~xt bna, this is flood If you budd 2499 over it 22 MR UL[CHHART If die Boaid is inclined to 23 then you've got to remove the flood area Where do you move 23 recommend the proposal there am probably tlm:e conditions 24 the flood area? You can't move it onto this gentleman s 24 that I've bean joamg down that wcd hke to bring forward 25 property either It's a tough situation and i would not 25 ~1 so mchned PLANN1NG AND ZONING 5-24-00 ROUGH DRAFT Page 125 - Page 128 58 CondenseltTM Page 129 Page 131 MR ENGELBRECHT okay We do have some ] m the m~ddle ot it it s not the most desirable to have 2 questions I think first Mr Williams, I thought you were 2 large lots So the smaller lots are in this area As the 3 up first and then all of a sudden Mr Rlshel was 3 majority of the lots surcoundmg the open spaces ol course 4 MR WILLIAMS I went out 4 get ~nto the more larger as some people call estate lots 5 MR ENGELBRECHT okay Mr R~shel 5 This area ~s all over 10 000 square feet These are 6 MR RISHEL l m just citing the letO's that 6 prnnardy larger lots The small lots though are prmmrdy 7 were submltted and one of those as Mr Stewar~ Andljust 7 sectmnedmhem And these are S0's and 60's ~n here qo 8 wanted to find out, I'm not quite sure I understeod Mr 8 the pocket is m thas area These get into larger lots ~n 9 Stewart, whether you stall are opposed or now that you 9 here Obviously, through here these get into smaller lots 10 know the lot sizes So I just want to get that on record 10 However they're all park lots These are all over 10 000 11 You show here as being opposed to thc request and I wanted 11 square feet 12 to find out, inquire whether you're sull opposed or you're l 2 MR Sl EWAR I okay It these am 10's 13 in favor of at now ] 3 MR P[~NDERGRASS well no These are not 10 s 14 MR RISHEL From your seat is fine 14 These are smaller lots in this area 15 MR ENOELBRECHT L~t'S get ~t on the record 15 MR srnw,~ql well that's what I'm afrmd el 16 particularly tomght because we don't have the -- we're 16 because now they're going to go down further But ff you 17 doing this on recorder only 17 put It up m tlns area up here wath smaller lots and then 18 MR STEWART The httle part marked A there ~s 18 go to 1 O's down th~s way 19 my property 19 MR PENDERCJUASS The probleut with the smaller 20 MR RISHEL Yes, sir 20 lots here ~s the ~) and Council this as 140 lots and that's 21 MR STEWART And the property right north of ~t 21 what we wolked in We actually worked m 140 lots and 22 ~s very small lots and houses And also you've got all the 22 squeezed them an then increased it The chmce m this 23 what do you call them, the small, the trader park on the 23 development te the Colramss~on as this always was mtondexl to 24 otlm side over there And between that and thas area to 24 be far tar in excess of open space 49 acres I believe 25 the south and contlnumg on, there does have to be a buffer 25 all together in open space The choice was no open space Page 130 Page 132 zone, m my opamon, because af you don't, it's going to go I and large lots or an abundant plethora of opm~ space and 2 all the way down there as 7 and ~t's just gotng lo be very, 2 slnallcr lots m mixed lots We made the promise to Planmng 3 very very hard to put all the things that you need an there 3 and also to Councd that we d have pocket parks Wc not 4 for a good commumty 4 only have pocket parks we vc got jogging trails and we've 5 The reason I'm opposed to ~t is because I don't 5 got parks all over this thing now The trade ell 6 know where those small lots are golng to be If they're up 6 unfoituna~lyis, m some people's eyes is doyeuhave 7 on the north side there for maybe several acres, that would 7 parks or big lots and that's the call 8 be fine and then they could go down to the south and put m 8 MR RISHEL Mr Stewart, what they've tried to 9 10's 9 do is do a balance In there and they've given a lot of park l0 MR RISHEL That's what I'm trying to get 10 space 11 clarlfaed Mayhe the peutaoner and yourself can, usmgour II MRSIEWART i reahze that and the only thlng 12 map, can show you where the small lots are and then we'll 12 is I thank they're dotng u waong and so therefore I'm 13 get whether you're an favor or opposed 13 keeping my opposthon 14 MR STEWART They all look small to me 14 MR I~.[SHEL That's what I wanted to know 15 MR RISHEL okay Don't run off And of 15 Thank you s~r 16 course on the corner of that development which as closest 16 Ma ENGELBRECH3 Mr Wflhams dad you have a 17 to you also is a conunerclal development 17 question? 18 MR PENDERGRASS Th~ north area Is the trader 18 MR WILLIAMS Yes I have two questions l-~rst 19 park and flus is what we're talking about 19 to staff how many letters did you send out9 20 MR RISHEL And Mr Stewart's land as to the 20 MR REICHHARI we sent out there were nme 21 MR PENDERORASS This IS your land? 21 property ownms walun 200 feat and 82 residents w~th~n 500 22 MR mSHE~ NO other side of Teasley 22 feet 23 MR pENDERORASS oh you're north of the horse 23 MR RISHFI Andthat s just residents m the 24 farm Okay The smaller lots obmously, though that's a 24 City9 25 very nice trader paak with a beautiful lake and a fountain 25 Ma C,I~AY SO I think that also would have PLANNING AND ZONING 5-24-00 ROUGH DRAFT 59 Page 129 - Page 132 CondcnseItTM Page 133 Page 135 included residents -- I everything north of fills was currently m file floodplain and 2 MR REICHHART If we have reformation, we don'! 2 they put that all underground so that the underground system 3 say il It's City or not when we do the 500 foot Plus, we 3 would have to conanue down the road and eventually drop out 4 posted signs on the property 4 somewhere down here in this piece What's shown here with 5 MR GRAY We posted quite a few signs 5 these lots I think it's called Braywood now at Oakmont 6 MR ENGELBRECHT IS that all you had, Mr 6 they're actually taking those out That's not going to get 7 Wdhams9 7 developed So file floodplain hne comes somewhere m 8 MR WILLIAMS I would Just like to know the 8 So these lots and th~s came probably a couple of' weeks ago 9 gentleman's name who made the presentation, this 9 these lots wall not be developed so tile floodplain would be 10 presentation 10 able to go between the proposed road and th~s street hi.re 11 MR ENGELBRECHT That was Mr Hmnpton, Dan I 1 Ma RLICHHART The short answer the road can 12 Hm-npton 12 bc bruit with the floodplain It can be engineered and 13 MR WILLIAMS Thank you 13 budt 14 MR ENGELBRECHT That's it9 Okay Ms 14 MS OOURDIE And can ~t be to where you only 15 Gourdte 15 mess one person's hie up versus two persons' hves ~ 16 MS GOURDIE Thank you I need to know - 16 MR RFICHHART Depends on your defmmon of 17 well, first of all, the floodplain is to the east of that 17 mess up I guess 18 hue, ts that correct? The 100-year floodplain line9 18 MS OOUROIV well taking of two people's 19 MR MORENO That's my question 19 properaes versus and punmg file road 15 feet from one 20 MS GOURDIE SO it's to the east? 20 man's property 21 MR PENDERGRASS The floodplain sits to the 21 MR REICHHAI{[ with the way the right of way ~s 22 east of that lot 22 already dedicated to tile north of thmr properties ~t 23 MS GOURDIE okay So pretty much a big 23 severely hmas how much you can start curving ~t to m~ss 24 portion of that road is already m the floodplain, so to 24 one or two of those properhes without reahgnmg farther up 25 speak 25 north as proposed by Mr Hampton Page 134 Page 136 MR PENDERORASS Yes NOW, we don't have tile [ MR PENDERGRASS I would say Ms Gourdte that 2 outs;de hue of that It basically is very narrow and ~t 2 we have nol seen any plans or any drainage plan ~ubmatals 3 I can t tell you the outside We've only been concereed on 3 f'or the construction of this road All we ve seen ~s the 4 our s~de of ;t 4 rcws~ons that they did based on a recent study that 5 MS OOURDIE well, I guess I m confused here 5 actually docmnents what the real floodplain ~s out them at 6 because I don't understand th;s gentleman's house, their 6 least for a small port,on n's not all the way down 7 homes are m the floodway, flood fringe, what,vet we're 7 MS OOURDIE well what can Mr Hampton do for 8 calhng it now 8 1us future9 Who can he come tu to talk to to understand 9 MR PENDERGRASS cra'marly Oakmont I1 has a 9 what he net. As to do fei his furore > Whose d~rocuon docs he 10 lettc~ map rems~on and the actual floedplmn, I don't have 10 need to go to9 Because hke Mr Pemlergrass smd we can t 11 Ihs drawing, but it actually goes between the two homes 11 deal with that now but I think Mr Hampton deserves a 12 There's a small swale through here Th~s was originally 12 threct~on to head tutu since lie's just now fmthng out Ihs 13 done when the flood study was conducted by mM^ and mapped 13 course ~s going tu be set thtferently 14 That's what we call an approximate area At thet tnne they 14. MR PFNDERORASS I think Dave would probably 15 thdn't know exactly where the 100 year floodplain Is but 15 may be able to address n may not As far as the road 16 tths is currently at FEM^ right now undergoing a map 16 ~ssue 1 can't leally address that 17 rews~on And the actual extent of file floodplain ~s a lot 17 MS (~OURDIE alght I understand that You're 18 narrower It's probably, I'd guess 40 feet or 50 feet m 18 the drmnage guy 19 w~dth 19 MR aRAY ^S they converse down there a httle 20 MS OOURDIE SO ][ guess my question ~s ;f FEMA 20 blt I JUSt want to point out one th~ng The ahgnment I 21 decMes that this ~s within may th~s road be bruit whore 21 don't beheve the ahgnment internally to th~s project would 22 ~t s being put towards and does ~t ma'aec? 22 afteot what would happen w~th Mr Hampton's property 23 MR PENDERORASS what they would have to do Is 23 MS OOURDIE mght And that's what - 1 24 put tths all underground Rxght now currently, I don t 24 understand that 25 member what s~ze box they have coming under the road, but 25 Ma ovc, Y without some change to the north PLANNIN{3 AND ZONING 5-24-00 ROUGH DRAFT Page 133- Page 136 60. Condenselt m Page 137 Page 139 ] MS OOURDIE Bat I just want him to understand I MR RISHEL A date SOUle soft of a how far 2 that his future has changed all of a sudden and I would just 2 out do you see this? 3 bke m have him an oppormmty to say lUSt where do I go 3 MR SALMON well ~t s defimtely you're 4 MR OI~.Y obviously, 2499 is going to be a 4 probably looking at a 2008 2010 at the very soonest and 5 State read but the County is involved in the purchase in 5 maybe even longer than thet 6 tbe acqumng of the r~ght of way We beheve that that's 6 MR RISIIFI Thankyou 7 the place he needs to start We'd be happy to furmsh him 7 Mn LNOELBRECIII Thank you Are there any 8 with the names and the phone nmnbers of those mthvtduals 8 other quesUons for staff? If there are no other quesuons 9 and help him with that precess of talking to the appropriate 9 are there any couunents or a motion9 Or do you want to take 10 people to work on realignment of that roadway 10 a break? Tbet was mennt m jest obwously 1 do bebeve 11 MS OOURDIE Thank you 11 that Mr RelclthaFt bad been making a list of some of the 12 MR REICHHART But Mr Reichhart ts right Now 12 possible cond~tiens that we had been discussing as we went 13 thal the ahgnment has been set there are some constraints 13 through and if you have no oblecllon I'll have h~m read 14 et ff we can move it or 11 thc County and State can move it t4 those Mr Relchhart 15 MR ENOELBRECHT In that regard while you're up 15 MR RPICHHART we're sull working on the exacl 16 here obviously we've been talking about this for over a 16 verbage but the first conthtmn would be that an addaional 17 year because Wheeler Ridge was m here a year ago the 17 40 to 50 foot pedestrian access to the southeast corne~ el 18 alignment I don't know how long before that they were l 8 tbe ten acm commercial parcel connecting the common area 19 talking to Oakanont II would we have any sense of why they 19 ~dcntlfled as lot I don't have my large plan anymore bul 20 wouldn't have talked to Mr Hampton? 20 there ~s a lot nmnber on that cmmnon area that we can 21 MR or~Y NO 21 identify It s ~dent~fied as IX on the detaded plan To 22 MR ENGELBRECHT over this year of year 22 be developed at the tnne that property is platted 23 period? 23 That the traffm ~mprovements identified tn a 24 MR allAY NO That's something that we'd be 24 letter dated May 2nd 2000 ~nenrporated in the approval 25 happy to try to find out 25 And that's a letter from Eastein Development to David Salmon Page 138 Page 140 1 Ma ENOELBRECHT okay If you could sort of I dated May 2nd 2000 2 let us know m the future 2 And the final one is that file right of way 3 MR REICHHART [ thmk one of the lssues here 3 acqmsmon thatlftbeCounty fads to purchase the 4 is that this project is so far out into the future right now 4 right of way reqmrcd for FM2499 that Eastern Development 5 that 1 don't think the State has started looking rote 5 would pay for thc condemnation expenses and land costs as 6 acqmsmon I may be wrong but, I mean this tsn t 6 ~dent~fied agem m a lette~ dated May 2nd 2000 by 7 smuethmg that's going to happen next yeal or s~x yeal s from 7 Lastern D~velopment to Dawd Salmon 8 now I mean, this is a long lange plan that's sail m the 8 MI~, RISHEL Motion 9 planning phases So Pm not giving excuses for the State or 9 MR ENOEI BRLCHT [ already have Ms Gourd~e on 10 the County or anybody but - 10 tile screen 11 MR RISHEL Maybe Mr Salmon can help us with 11 MS GOURDIE I Just wanted to know ~f thc 12 that 12 recmranendat~on fiom staff states are you wanting to ~s ] 3 MR SALMON well I think most of it has 13 yom recmmnendanon the same as you ve wrmen ~n here but 14 akeady bean said Oakmont II was zoned thro~ or fot!r years 14 being that flnngs have changed since tlus has coine forward 15 ago And when they platted they actually dexhcated 15 I'd hke to know what staff ~s reconunendmg please 16 right of way for, at flint tuue, Loop 288 which has now 16 MR RFU HHARI We're reconunenthng approval with 17 turned into 2499 So we've akeady got a considerable 17 those condltmns 18 ,unount of exlstang right of way which lines up on Mr 18 MS (,oue, mn Thank you 19 Hampton's property And so I guess the quesaon is, you 19 MR bNGELBRFCIII' okay Mr Rlshel 20 know eather we somehow convince the proper~ owners to the 20 MR RISHhL I d hke to make thc motion that we 21 north that have already dedicated right of way to dethcate 21 r~conunend to City Ceuncd tbe approval of Z 99 104 w~th the 22 dfffeeent right of-way or we simply buy different 22 conditions outhnexl by staff 23 right of way and forget about the right of way that's 23 mt~ I soel naEcm ts there a second9 I Il 24 already been dethcated 24 second the motmn We have a motion to approve w~th 25 MR ENOELBRECHT Yeah I understand 25 condmons to recoimnend approval w~th conthtmns Any PLANNING AND ZONIIqG 5-24-00 ROUGH DRAFT 61. Page 137 - Page 140 Condens~ItTM Page 141 Page 143 1 thscu~ston~ Mr Rlshel 1 that road 30 or 40 feet but you might move, it ten And ten 2 MR RISHEL I d hke to empathize with Mr 2 mom than what it already is could make a considerable 3 Hampton's in his eloquent plea for his land I want you to 3 difference also m the ability to put a buffer ~n there 4 know that we am very sensitive to what m transpmng here 4 There are all sort of creative th~ngs that can be done and 1 5 and concerned about how we noUfy people and what taking can 5 would ask staff to k~nd of help b~m w~th that 6 be occurred and can't be occurred So I want to say that we 6 And m adthtlon to that M1 Hampton ff you 7 are m great re. apathy If we had some answers for you I 7 would please leave your name and address wah thc Planmng 8 th~nk we would try to put those lorth I don't know what 8 Deparnnent so they can put you on OUl notice file Then m 9 those answers are I know that we have some excellent 9 the future you will get and your neighbor as well And 10 people on our staff that can at least recoxmnend some names 10 any others that are out there that aren't m the City 11 to you of who you m~ght talk to and 'aj, to work w~th I'm a 11 please tell them to just call the Planmng Depamncnt so we 12 la~,le bu concerned that you tried to push all that over on 12 can get you on the systmn for at least courtesy not~ces 13 your other neighbor's property but I th~nk that if there's 13 Okay I behove we have a colmnent from Mr 14 ways to get th~s solved and resolved we d certainly like to 14 Moreno 15 try to help you wlth that 15 MR MORE, NO Yeah Mr Clmmnan Atthtspomt 16 MR FNGELBRECHT Mr Moreno 16 I m inclined to vote agmnst the motion snnply because thc 17 MRMORENO ImjustwondermglfWsour 17 conunerclaltractlsnotapartolthedetadedplan I'd 18 intent to leave the commercial tract up m the northwest 18 bke to have a bettor feel for what's going to happen to 19 corner to some future Commission to deal with 19 that area than I'm gcttmg tomght 20 MR ENGELBRECHT We can ask staff I behove 20 MR LNGELBRECHT All rtght Any other colmnent~ 21 that was staft's recormneodatlon 21 MR R[MIF[ I nl lust wondering il somewhere 22 MR REICHHART we've gotlen without knowing 22 along the way staff thdn t take out the comnlerclal part when 23 what's going to be developed there right now we have 23 we had die moratormm and that's how we've been able to get 24 veblcular access and we have now an addalonal pedestrian 24 to where we axe now 25 access that has to be mcorpuraux'l into that design At 25 Mn RI ICHHARI NO Page 142 Page 144 I this point I believe staff feels that we should go forward I Ma }~lSl4~[ okay Thank you 2 and exclude just the cmmnerclal portion of the detaded plan 2 M~. IENGELBRECHT [f there are no other cmmuents 3 now 3 Mr Wdhams 4 MR MORENO ^11 right 4 MR WIll IAM~, I m finished w~th Mr Hampton 5 MR ENGELBRECHT Mr WlIhams 5 I m leamng towards this colmnemml s~te bt,cause recently 6 MR WILLIAMS 1 would like to piggyback on what 6 I've had some horrible phone calls for some froln 7 Mr Rlshel said. that I empathize greatly with Mr Hampton 7 homeowners that I m becoming and we 11 talk about th~s ~n 8 because I've been in a poslaon where it was the good of the 8 the work session So I will be voting against flus also 9 many but guess who got hurt Itwasme Anda'sahurtmg 9 MR ENCJELBRECHT Any other commeot'~ I feel 10 feeling when you're in that poslUon and I empathize greatly 10 confl&nt that staff has control of th~s s~tuatlon now ~n 11 w~th h~m And this is probably one of the toughest votes 11 terms of a s~te design for the lutare Tbey know that they 12 that Pre had to make since I've been on the Conmusslon 12 want to integrate it rote thc conulmnay and they re mowng 13 because I feel very strongly for the people who have been 13 to take care of that port~on that*s necessary I frankly 14 here longer rather than for people who may or may not come 14 hope that thm'c s a hale t~mc for the site design bore so 15 MR ENtsELBRECHF Any other conunent9 Yes I 15 that staff has oppo~tonay to talk wah all three atleast 16 as well have concerns for Mr Hampton Unfortunately, as I 16 tbrce of those property owners around thert, so that we 17 think Mr Salmon statexl the right of way to the north is 17 lmght ~n some way begin to look at this as an mtegrat~l 18 pretty well set I don't know to what extent that could be 18 whole I think it's a good busme, ss decision to do that 19 moved I would certainly encourage Mr Hampton to talk with 19 If it's a larger area from a perceptual standpoint el 20 our staff and get the names of the appropriate County 20 consumers they're going to come from a larger arco Thai s 21 personnel to talk with 21 a pre'ay standard markt,tmg rule these days So I will be 22 Also, I would encourage our staff to at least 22 voting lot the motion Any other Mr Rlshel 23 talk with Mr Hmnpton about all of his various options 23 Ma RISHEL Yeah I'm Just thinking with the 24 including the sorts of buffering and screanmg he might be 24 new plan, Mr Moreno that as we develop conunermal sit~s 25 thinking about to ask for And you know you may not move 25 and sites in general m our community that eventually PLANNING AND ZONING 5-24-00 ROUGH DRAFT 62 Page 141 - Page 144 Cond~naeltTM Page 145 Page 147 1 because of rite s~te review and the developmental plan review I umts per acre IIe l~ also proposing street trees one 2 and thc other processes that we have thta I think that 2 every 50 linear feet f~nces and landscaping fentur~s along 3 we re going to have enough input into that sl~e, in the 3 the entrances for example And for every tlax:e design 4 development of that s~te eventually that I think we should 4 features a density ~ncrease of 1 umts per acre Is 5 have pretty good control of it It gives me a good feehng 5 awarded That puts his at 3 37 umts per acre The lnterun 6 to know that it's going to come back to us and we'll have a 6 development regulauons reqmre us to round to the next 7 chance to put restnctmns and other things on that piece of 7 nearest tenth which ~s 3 4 uoas per acre and 124 units 8 ploperty And so I mnpathlze with your concern but I th~nk 8 ~neets that acreage 9 that we have enough tune to look critically at what s going 9 One issue that is ~mportant here is opposmon 10 to happen in this development because a is going to come 10 1 have received opposition from four people Three of them 11 back to us And I feel comfortable with the system that 11 were within the 200 foot notification The property owner 12 we re going to be able to live w~th and get it Into 12 is hare and then the propca'ty owner who owns all flit,se l our 13 something that's going to be good for the neighborhood 13 lots Th~s puts us because wc subtract the area m the v I J 14 MR ENOELERECHT Any other conunent? We have a 14 from thc 200 foot buffer flus puts us at 28 percent 15 motion to recolmnend approval wxth conditions Vote, please 15 opposition And I will pass these around 16 Moaon carries 3-2 16 I bohr,vt Mr %ahnon has also passed out a 17 (COMMISSIONERS MORENO AND WILLIAMS VOTING IN 17 traffic Impact another trafhc ~mpact analys~s shecl with 18 OPPOSITION) 18 thc traffic improvements that we would require from this 19 Colmmss~oners, do you want to take ten minutes9 19 subdivision %taft feels that this development 20 Okay Ten minutes 20 consistent with the Comprehensive Plan It's consistent 21 (Break taken) 21 with thc into nn development regulations And we would 22 MR ENGELBRECHT we 11 move onto Agenda Iteut 22 recmm~end apploval w~th the condition that the tlaflhc 23 No 12 which Is to hold a public heanng and consider 23 impact analysis requo'ements be incorporated And d there 24 making a reconunendatlon to City Council regarding a zoning 24 are no questions I will tmn it over to the applicant 25 plan for 36 67 acres between Loop 288 and Mayhdl Road south 25 MR nNarLE~EC}~T Any questmns Cmmmss~oners Page 146 Page 148 I Gl Audra Lane The property ~s currently located m a 1 Mr Wflhams 2 One Family Single Fmndy 10 zoning dismct The ~ntent is 2 MR WILLIAMS YeS Just for my ~nfonnat~on do 3 to develop a 124 lot slngle-fmurly residential subdivision 3 you happen to know o~f the top of your head what ~s the 4 At th~s time, I'll open the public heanng and ask Mi Gray 4 average site of a family? 5 from tho Planning Deparanent to provide us with thc staff 5 MR GRAy Average s~ze of 6 report and recommendauon S~r 6 MR wmt IAMS A thmfly based upon I gu~.s~ thc 7 MR GRAY Thank you, Mr Chalmmn As was 7 1990 census If you just happen to know if you don t 8 noted m the Agenda this ~s a 36 37 acre tract that 8 fine 9 actually has come to the Co~mmssion a few nme bt,lore It 9 MR ta~Y I wouldn t know off thc top Gl my 10 is here located near the corner of Loop 288 and Audra It's 10 head 11 zoned sF ~0 of course, under the interim development 11 MR WILLIAMS okay 12 regulations allow density to be adjus~:xl according to the 12 MR REICHIIAR r It S less than four 1 think 13 density calculations that are set forth m the mterlm 13 It's three point soma,thing I behove 14 development regulations This s~te, I think in your backup 14 Mil WILLIAMS okay We'll go w~th three 15 you should have a proposed zoning plan The developer 15 Thank you 16 intends to construct a single family subdivision Most of 16 MR RF[CUIIAI~. I Tllrt~ [O [OUr 17 the property will be zoned for roughly SF 7 lots There 17 MR ENOELnR~t HT Any othe~ questions9 Thank 18 will be some sF l0 lots There is a 4 89 acre park reserve 18 you Mr Gray Is rite petmoner or petitioner's 19 which the applicant would like to dedicate to the park 19 rcpreseotatlve present ? 20 I think briefly because of the interim 20 MR KI [NE rxcuse me one second whde we sci 21 developreent regulations we should plobably go through the 21 up 22 density calculations Once again we started with a base 22 MR LNGELBEb([IT SUre 23 density of three units per acre He dedicated 4 89 acres as 23 MI{ I~t [NL chamnan Engelblecht membcns ot the 24 open space That's his park dethcatmn and that was good 24 Conumssion my name is Tmmny Khnc I reside at 1231 25 for a nme percent densliy increase that put h~m to 3 27 25 Marbrook Dallas Texas I'm here tonight to ask your PLANNING AND ZONING 5-24-00 ROUGH D~,AFT Page 145 - Page 148 63 ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDiNG ORDiNANCE NO 99- 257, ORDINANCE NO 99-367, AND ORDINANCE NO 99-405 TO PROVIDE FOR A DETAILED PLAN FOR APPROXIMATELY 253 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 170 (PD-170), PLANNED DEVELOPMENT 172 (PD-172), AND PLANNED DEVELOPMENT 176 (PD-176) ZONING DISTRICTS AND LAND USE CLASSIFICATIONS, THE SUBJECT PROPERTY BEING GENERALLY LOCATED EAST OF TEASLEY BETWEEN ROBINSON AND HICKORY CREEK IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, PROVDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAX]NIUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-104) WHEREAS, on August 3, 1999, by Ordinance No 99-257, the City Council approved a change ~n zomng for 65 17 acres of land in Planned Development 172 (PD-172) Zoning Dmtnct, and WHEREAS, on October 5, 1999, by Ordinance No 99-367, the C~ty Council approved a change ~n zomng for 167 477 acres of land in Planned Development 176 (PD-176) Zoning D~stnct, and WHEREAS, on November 2, 1999, by Ordinance No 99-405, the C~ty Council approved a change in zomng for 38 6 acres of land m Planned Development 170 (PD-170) Zomng Dmtnct, and WHEREAS, on December 7, 1999, Wheeler Ridge L P submitted a Detmled Plan for 253 36 acres located m the PD-170, PD-172 and PD-176 zomng districts with the intent to develop a single-family res~dentml subchws~on, and WHEREAS, on May 24, 2000, the Planning and Zomng Commission recommended approval of a Detmled Plan for such 253 36 acres, and WHEREAS, the C~ty Council finds that the Detailed Plan ~s consistent w~th the approved Concept Plans for PD-170, PD-172 and PD-176 and ~s consistent wtth the 1999-2020 Denton Comprehenmve Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordinances No 99-257, 99-367 and 99-405, providing for the approval of Planned Development Zomng District Classifications and Use Designations for the properties described as PD-170, PD-172 and PD-176 are hereby amended by approwng the Detailed Plan attached hereto and incorporated hereto by reference as Exhibit B for 253 36 acres located wltban PD-170, PD-172 and PD-176, more particularly described by the legal descnptmn attached hereto and incorporated hereto by reference as Exh~btt A, subj eot to the following condmons 64 1 Traffic improvements, as outhned in the letter from the developer to City of Denton staff dated May 2, 2000 and attached hereto as Exhibit C, shall be reqmred 2 If Denton County fails to purchase the right of way dedmatlon reserve at the northwest comer of the adjacent Wynstone at Oakmont development, the applicant shall pay for the purchase of the property, as outhned in the letter fi'om the developer to City of Denton staff dated May 2, 2000 and attached hereto as Exhibit D 3 A 40 to 50 foot wide pedestrian access easement shall be prowded between the commermal area and residential area at the northwest comer of the detailed plan SECTION 2 The provisions of thru ordniance as they apply to the 253 36 acres shown ~n the detmled plan hereni approved, shall govern and control over any conflmt~ng prowslons of Ordinance No 99-257, Ordinance No 99-367, and Ordinance No 99-405, but all the prowsmns of Ordinance No 99-257, Ordinance No 99-367, and Ordinance No 99-405, as they apply to that remaining portion of the district not herein amended, shall continue ~n force and effect and shall apply to the remainder of said d~strlct SECTION 3 A copy of this ordinance shall be attached to Ordinance No 99-257, Ordinance No 99-367, and Ordinance No 99-405 showing the amendment here~n approved SECTION 4 Any person v~olatnig any prowsmn of this ordinance shall, upon conwctmn, be fined a sum not exceeding $2,000 00 Each day that a prowsion ofth~s ordinance ~s violated shall constitute a separate and distract offense SECTION 5 This ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the C~ty Secretary ~s hereby d~rected to cause the caption of th~s ordinance to be pubhshed twine ~n the Denton Record Chronicle, official newspaper of the C~ty of Denton, Texas, w~thm ten (10) days of the date of~ts passage PASSED AND APPROVED thru the day of ~ 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY 65. APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 66. EXHIBIT A LEGAL DESCRIPTION BEING o troct of Iond sltuoted m the B Merchont Survey, Abstroct No 800 ~n the C~ty of Denton, Denton County, Texos ond being more porflculorly described os follows COMMENCING ot o point of mtersecbon of the opprox~mote centerhne of Robinson Rood (o vor~oble r~ght-of-woy) w~th the eost hne of Teosley Lone (F M Rood No 2181)(o vormble w~dth r~ght-of-woy), Thence S 89'08'17" E. 640 87 feet olong the sold opprox~mote centerhne of Robinson Rood to the POINT OF BEGINNING, THENCE conbnu~ng olong the sold opproxlmote centerhne of Robinson Rood the following courses ond d~stonces S 89'08'17" E. 575 99 feet to o point for corner, S 89 19'53" E. 1278 70 feet to o point for corner. S 89 10'14" E, 951 55 feet to o point for corner. THENCE S 00'41 57" W. 1507 60 feet leowng the sold opprox~mote centerhne of Robinson Rood to o point for corner, THENCE S 28'05'45" W, 282 97 feet to o point for corner, sold point being on the southerly line of o 10C foot w~de eosement to the Texos Mumc~pol Power Agency os recorded ~n Volume 374, Poge 155 ond Volume 517, Poge 518 of the Deed Records of Denton County, Texos, THENCE S 48'51'20" W, 982 05 feet dong the southerly eosement hne of the so.d Texos Munlc~pol Power Agency to o point for corner, THENCE N 89'31'08" W. 4 77 feet leowng the southerly hne of sold eosement to o point for '~:orner THENCE S 01'52'15" E, 4 14 feet to o point for corner being on the sold southerly eosement line to the Texos Mun~c~pol Power Agency, THENCE S 48'31'20" W, I056 94 feet (3long the southerly hne of sold eosement to o point for corner, THENCE N 89 44 42" E, 814 62 feet leowng the sold southerly eosement line to the Texos Mumc~pol Power Agency to o point for co~ner, THENCE S 01'50'18" E, 18 3,3 feet to o point for corner, THENCE N 89'40'50' W, 6004 feet to o point for corner, THENCE S 01'50'18" E 6004 feet to o point for corner THENCE S 89 40'.50" E 60 04 feet to o point for corner. THENCE S 01'50'18" E, 1250 22 feet to o point for corner, THENCE S 89 42'48" W. 2076 09 feet to a point for corner, sold point being ~n o non-tongent curve to the left runnm9 m o westerly d~rectmn ond howng o centrol ongle of 02 32'43" o rOdluS of 800 O0 feet ond o chord beorlng of N 68'59'00" W, THENCE olong so,d curve 55 54 feet to the end of sold curve, o point for corner, sold point betng the begmmn9 of onother curve to the left howng o centrol ongle of 22'54'33" o rod.us of 700 O0 feet ond o chord beor~ng of N 78 49'55" W. THENCE olong sold curve 279 89 feet to the end of sold curve, o point for corner, THENCE S 89'42'48" W, 100 O0 feet to o point for corner being on the sold eost hne of Teosley Lone THENCE N 01'13'50" W, 70467 feet olong the sold eost hne of Teosley Lone to o point for corner, THENCE S 8505'31" E, 68087 feet leo.~ng the sold eost hne of Teosley Lone to o point for corner, THENCE N 05'56'18" E, 599 45 feet to o point for corner, THENCE S 89'44'42" W, 734 99 feet to o point for corner being on the sold eost hne of Teosley Lone THENCE N 02'07 00" W, 2223 45 feet olong the sold eost hne of Teosley Lone to o po;nt for corner, THENCE N 87'5500" E, 640 45 feet leowng the sold eest hne of Teosley Lone to o point for corner, THENCE N 02'07'00" W, 711 32 feet to the Point of Beginning ond contolnmg 253 561 ocres of Iond 67. ]'IHII1HIIIIIIIIIIIIIFT,,DT!~!!! II~ITITFFFFriT~HH !!!!!'! '! li!I!!!!! 73. '74. ~ T~ASL~Y LN (FM 2181) 76. Eastern EXHIBIT C Development Companies 5225 %dlage Creek Dnve, Suite -}00, Piano, Texas 75093 (9'~2) 267 6888, Ft~x (9'~2) 818 8885 May 2, 2000 Mr David Salmon PE Engineenng Administrator City of Denton 221 N Elm Street Denton Texas 76201 Dear Mr Salmon I have recetved your letter dated April 25, 2000 regarding the specific tmprovements required for our Wheeler Badge Commumty located on Teasley lane and Robtnson Road This letter is to serve as our acknowledgement that the road improvements required for the entirety of this commumty will be 1 ) Le~ and Right turn lanes into the community from Teasley Lane at the entrance 2 ) A two lane approach on Robinson Road at Teasley Lane 3 ) 25' asphalt road with curb and gutter along our frontage for Robinson Road 4 ) 25' asphalt road with curb and gutter along our frontage for Hickory Creek 5 ) Wheeler Ridge will contribute $31,000 00 to the cost of slgnal,zatlon on Teasley Lane at Hickory Creek Road and Robinson Road If you have any questions please contact me Sincerely, Elvlo Bran, -- 79 EXHIBIT D Eastern Development Companies 5225 ;illage Creek Dnve, Su,te 400, Piano, Texa~ 75093 (9'~2) 26'~ 6888, Fax (972) 818 8885 May 2, 2000 Mr David Salomon Mr Paul Williams C~ty of'Denton 221 N Elm Street Denton Texas 76201 Dear Sirs, Dunng a meeting held at Oty Hall several months ago with M~ke Jez, Dave I-hll and Back SYehla fi.om the City of Denton, Bill Anderson of Dowdy Anderson Eng~neenng and myself' a dlscusston was held about the future ahgnment of'the proposed 2499 roadway Though the alignment has not been finalized by the county or the city, prehminary red,cartons from dlscusstons w~th the county engineers have md~cated the probable need to use part of the "dedtcatlon reserve" held by Puke homes at the northwest comer of'their development As dtscussed dunng tins meeting ffthe county, as md~cated by the attached letter from County Comnnsstoner Krucger, fails to pay for the cond~amat~on expense and land cost of the "de&cation reserve", Eastern Development Compames as general partner for the Wheeler Badge development agreed to cover those cost Please allow this letter serve as our confirmation of'that agreement Robert Prendergast For Wheeler R~dge AGENDA INFORMATION SHEET Agenda No Agenda Item~ Date__ AGENDA DATE: June 20, 2000 DEPARTMENT: Planning Department CM/DCM/ACM: David Hill, 349-8314 ~ SUBJECT -ZP-00-004 Downs Meadow Zoning Plan Hold a pubhc heanng and consider approval of a Zoning Plan for 36 67 acres between Loop 288 and Mayhdl Road south of Audra Road The property ~s currently located in a one-famdy dwelling (SF-10) zoning dismct The intent is to develop a 124-1ot slngle-famdy residential subdivision The Planning and Zomng Commission recommends demal (4-1) BACKGROUND The applicant has requested approval of a zoning plan for a single-famdy residential subchvlslon (see Attachment 1 - Enclosure 1) The proposed development will contain 124 residential lots at least 7,000 square feet in size and 16 lots at least 10,000 square feet in size A 4 89 acre park site wdl be dedmated to the city ~, The subject property is located m a One-Famdy Dwelling (SF-10) zoning district which was rezoned from Agricultural (A) zomng &strmt m 1971 by Ordinance No 71-36 ~ The proposed development is consistent w~th the 1999-2020 Denton Comprehensive Plan (see Attachment 1 - Comprehensive Plan and Staff Analysis sections) ~ Eight (8) property owners were notified of the zoning request Four (4) responses have been received m opposition to the zomng request (see Attachment 1 - Enclosure 4) These responses represent 28 6% of the land area within 200' in opposition to the request This, along with the Planning and Zomng Commission's recommendation of demal (see P&Z Recommendation below), wdl reqmre a supermajor~ty (?5%) vote by council for approval of thlS apphcat~on PRIOR ACTION/REVIEW The following IS a chronology of ZP-00-004, commonly known as Downs Meadow Zoning Plan Apphcatlon Date - March 21, 2000 DRC Date(s) - March 30, 2000 P&Z Date - May 24, 2000 ESTIMATED PROJECT SCHEDULE The subject property is not platted and would need to be platted prior to any development FISCAL INFORMATION Development of th~s property will ~ncrease the assessed value of the c~ty, county, and school d~stnct It will require no short-term pubhc ~mprovements that are the respons~blhty of the city P&Z SUGGESTED RECOMMENDATION The Planmng and Zomng Commission recommends denial (4-1, Gourdle d~ssent~ng) of this zomng request OPTIONS 1 Approve as submitted 2 Approve w~th eondmons 3 Deny 4 Postpone eons~deratmn 5 Table ~tem ATTACHMENTS 1 Planmng and Zomng Commmsmn Report, May 24, 2000, ZP-00-004 2 Planmng and Zomng Comm~ssmn m~nutes from May 24, 2000 3 Draft Ordinance P~spect fury submitted Douglas ~ Powe'll, AI~P Director of Planmng and Development Prepared by Planner I 2 ATTACHMENT 1 Agenda Item~ PLANNING AND ZONING COMMI$$1OND,ta- STAFF REPORT Sublect Downs Meadow Zoning Plan Ca~e Number ZP-00-004 Staff Thomas B Gray, Planner I Aaenda Date May 24, 2000 Hold a pubhc heanng and consider making a recommendation to C~ty Council regarding a Zomng Plan for apprommately 36 5 acres between Loop 288 and Mayhdl Road south of Audra Road The property ~s currently located in a one-famdy dwelhng (SF-10) zomng d~stnct The ~ntent ~s to develop a 124-1ot s~ngle-famdy residential subdivision LOCATION MAP Location Between Loop 288 and Mayhdl Road south of Audra Road S,ze 36 67 acres zP-OO 004 Owner Dr Edward and Emily Downs Apphcant Tommy Kl~ne 10050 Great H~lls Trail, #1234 Kl~ne & Company Austin, Texas 78759 12311 Marbrook Dallas, Texas 87859 Th~s develoPment ~s subject to the rrequ~rements and procedures of the ~ntenm development regulations for' residential development (Ordinance No 2000-046) The Zomng Plan ~s the first step ~n a two-step zomng process reequ~md by the ~ntenm regulations No remdent~al development apphcat~on shall be approved unbl a Zoning Plan has been approved for the land described ~n the application The approved Zoning Plan shall become a part of the regulabons for the res~denbal dmtnct ~n which the property is located Zomng Plans shall be processed and decided in accordance w~th the procedures governing zomng amendments ~n Section 35-7 of the Code of Ordinances, which outhnes the public hearing process through the Planmng and Zoning Comm~smon and C~ty Council The C~ty Council may ~mpose on Zomng Plans Such conditions as are necessary to assure that the standards govermng zoning plans and the purpose of these ~ntenm regulations are met After a Zomng ~Plan for this property has been approved, the apphcant w~ll be required to submit to City Council a ProJect Plan consistent w~th the approved Zomng Plan before development of the property can beg~n The develope~ ~ntends to construct a single-family residential subd~v~mon for th~s 36 67 acre property (see enclosure 1) on property currently zoned One-family Dwelhng (SF-10) (see enclosure 2) The development as proposed will contain a total of 124 remdenbal lots and 4 89 acres of open space, which would be dedicated to the C~ty as a pubhc park 108 of the lots would have a m~nlmum lot raze of 7,000 square feet, and 16 of the lots would have a m~mmum lot raze of 10,000 square feet Overall denmty of the development w~ll be about 3 38 umts per acre Pnor to the passage of the ~ntenm development regulabons, this property was zoned for tangle-family subd~v~mon (10,000 square foot m~mmum) The ~ntenm development regulations allow for ~ncreased density w~th the provmlon of amemt~es such as open space or design features 1999-2020 Denton Comprehensive Plan Analysis The 1999-2020 Denton Comprehensive Plan places th~s property w~th~n a Neighborhood Centers area NeighbOrhood Centers are ~ntended to be ~nward-onented residential d~stncts which focus on ZP O0 OCli the center of the neighborhood These developments should locate the center of the neighborhood w~th~n a 5- to 10-m~nute walking dmtance from the edge of the neighborhood The center should contain uses necessary to support the surrounding neighborhood such as serv~ce-onented retail or small profesm~3nal offices Prowmon of open space, such as central neighborhood "greens" and floodplain preservation, ~s also encouraged ~n Neighborhood Centers Neighborhood Centers can also develop ~n conventional remdent~al patterns Staff hnds thru proposed rezomng to be consistent w~th the Comprehenmve Plan (see Staff Analyms below) i Transportation A Tnp generation The proposed res~denbal development would generate approximately 1,331 tnps per day ~f built out as proposed in the Zomng Plan (see Table 1) Table 1 Proposed Trip Generation LandlUee Average Trip Estimated Lots Total Trip Generation* or Acreage Generation Park 30 trips/acre 4 89 147 S~ngle-Famlly 9 55 tnps/du/day 124 1184 * Calculations provided by the Instttute of Transportation Engmeers, 1991 NOTE The apphcant has presented a Traffic Impact Analysm (TIA) as part of the required ~nformabon for a Zomng Plan apphcation Th~s study has demonstrated what ~mpact should be expected from th~s development, as well as what transportation ~mprovements w~ll be required of th~s development B Road Capacity Audra Lane ~s ~dentifled as a local street by the 1998 Denton Mob~hty Plan (see Enclosure 3) Th~s street ~s demgned to be a two (2) lane und~wded street w~thout parking, providing two (2) lanes of through traffic As such, ~ts demgned traffic capacity allows for a tolerable traffic flow of up to 9,100 tnps per day It m currently constructed w~th two (2) lanes The most recent traffic count for this roadway ~ndlcates that there ~s adequate capacity to handle the traffic expected to be generated by th~s development A traffic count on Audra west of Loop 288 showed an average vehicle volume of 536 cars per day Mayhlll Read ~s identified as a secondary major artenal by the 1998 Denton Moblhty Plan Th~s road Is designed to be a four (4) lane undlwded street w~thout parking, prowd~ng four (4) lanes of through traffic As such, ~ts demgned traffic capacity allows for a tolerable traffic flow of up to 14,900 tnps per day Mayh~ll ~s currently constructed with two (2) lanes without parking, providing a current tolerable traffic flow 9,100 tnps per day There are no recent traffic counts for th~s section of Mayhlll Road A traffic count on Mayh~ll just south of McK~nney (about one m~le south of th~s s~te), however, showed a traffic volume of 7,436 vehicles per day zP-OO 004 C Access Th~s development will have access to Audra Lane to the north and Mayh~ll Road to the east D Pedestrian L~nkages S~dewalks along all pubhc streets are required 2 Utilities Some hne extensions w~ll be necessary to service th~s development 3 Drainage and Topography New development w~ll be required to design and construct a drainage system to c~ty standards A prehm~nary drainage study will be reqmred with the submission of a prehm~nary plat The study must ~nclude calculabons of the 100-year storm for all drainage areas on th~s property and any area that drelns towards th~s property The developer must ~nd~cate the method by which the run- off will be carried across the property or stored on the property 4 S,gns As per the sign ordinance 5 Off-Street Park,ng Every home shall have two (2) off-street parking spaces 6 Landscaping Th~s property w~ll have to comply w~th the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area) In add~hon, th~s development will prowde entrance landscaping and street trees These landscaping features can be used under the ~ntenm regulations to achieve a greater overall density 7 Open Space and Recreational Areas Th~s res;denbal development w~ll be reqmred to parbc~pate ~n the development of pubhc recreabonal areas Through the Park Dedication Ordinance (98-039), th~s development w~ll contnbute to park land ded~cabon and park development fees Dedication requirements are reqmred dunng the platting process, the developer ~s proposing to dedicate 4 89 acres Park development fees are reqmred pnor to the ~ssuance of building permits 8 Lighting No restrictions on residential development ZP O0 004 9. Environmental Quality Impacts No s~gmflcant ~mpacts are anticipated January 14, 1969 - The subJect property was placed ~n the Agricultural (A) zoning dlstrmt and land use classification by Ordinance 69-01 July 27, 1971 - Property ~s zoned from Agricultural (A) to One-Family Dwelhng (SF-10) by Ordinance No 71-36 Not~ce of the zoning request was pubhshed ~n the Denton Record-Chronicle on May 13, 2000 E~ght (8) property owners w~thln two hundred feet were marled legal notices and forty-three (30) residents within five hundred feet were sent courtesy notmes ~nform~ng them of the request (see Enclosure 4) As of th~s wnt~ng, there have been no responses No neighborhood meetings have been held The density for th~s development ~s 3 38 un~ts per acre, which is in accordance w~th the density standards and~cntena of the ~ntenm development regulations (seen enclosure 5) All of the information reeqmred for a Zomng Plan has been provided Th~s development proposes to dedicate a neighborhood park, which creates a focal point for the neighborhood and meets the ~ntent of the Neighborhood Centers concept as described in the 1999- 2020 Denton Comprehensive Plan The dedicated park will service not only th~s neighborhood but as well ex~sbng and future development in the area The applicant intends to construct all homes according to the compabbfl~ty gu~dehnes w~thm the ~ntenm regulatmns Th~s includes a m~mmum 75% masonry extenor on all homes and two-car gareges Additionally, a minimum of 40% of garages will not face the street As a means of accomphsh~ng th~s, the apphcant also proposes to provide alleys for pnmary access to some of the homes Alleys are a design feature encouraged by the Comprehensive Plan No Environmentally Sensitive Areas (ESAs) are located on th~s site Staff recommends approval of ZP-00-004 ZP O0 004 I move to recommend approval of ZP-00-004 1 Recommend approval as submitted 2 Recommend approvalw~th conditions 3 Recommend denial 4 Postpone consideration 5 Table ~tem 1 Zomng Plan 2 Zoning Map 3 Denton Mobility Plan Map 4 200'-500' Notlficabon Map 5 Density Calculabon Worksheet ZP O0 004 ENCLOSURE 2 ~ NORTH ZP-00-004 (Downs Meadow) SI ZONING MAP Agenda Date May 24, 2000 Scale None 10. ENCLOSURE 3 ~ NORTH ZP-00-004 (Downs Meadow) SITE ~ AUDRA DENTON MOBILITY PLAN MAP /~. Freeways ,,' ',,,,' Primary Major Arterials ~' / Secondary Major Arterials Col lectors Agenda Date May 24, 2000 Scale None 11 ENCLOSURE 4 ~ NORTH ZP-00-004 (Downs Meadow) SITE ~L-~~1~ Limit of 500' Notlf, cation 200'-500' NOTICE MAP 200' Legal Nobces sent v~a Certified Ma~l 8 500' Courtesy Nobces sent wa l't Class Ma~l 30 Number of responses to 200' Legal Nobce · Opposed 3 · In Favor · Neutral Percent of land within 200' ~n opposition 28 3% Agenda Date May 24, 2000 Scale None 12 NOTICE OF PUBLIC HEARING ZP-00-004 The Planning and Zomng Commission of the C~ty of Denton wdl hold a public heanng on Wednesday, May 24, 2000, and consider recommending approval to C~ty Council a Zomng Plan for 36 67 acres between Loop 288 and Mayhdl Road south of Audra Road The property is currently zoned one-family dwelling (SF-10)i The intent ~s to develop a smgle-famdy res~denbal subdlws~on (Z~00-004, Downs Meadow, Thomas B Gray) The public heanng will start at 6 00 p m ~n the C~ty Councd Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property w~th/n two hundred (200) feet of the subject property, the Planmng and Zomng Commission would tike to hear how you feel about th~s zoning change request and inwtes you to attend the public heanng Please, in order for your opinion to be taken ~nto acqount, return this form w~th your comments prior to the date of the pubhc heanng (Th/s ~n no way proh/bita you from attending and participating m the public heanng ) You may fax ~t to the number located at the bottom, mall ~t to the address below, or drop it off ~n-person Planning and Development Department 221 N. Elm St Denton, Texas 76201 Attn: Thomas B Gray, Planner I The zoning process includes two public heanngs designed to prowde opportumt~es for c~t~zen ~nvolvement and:comment Prior to the pubhc heanngs, landowners w~thln two hundred (200) feet of the subject property are notified of the zoning request by way of th~s notice The first pubhc heanng ~s held before the Planmng and Zomng Commission The Commission ~s informed of the percent of responses m support and in opposition Second, the zomng pet~bon ~s forwarded to the C~ty Council for final action providing the Commission recommends approval Should the Commission recommend denial, the pet~t~qner may then appeal the request to the C~ty Councd If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the s~te submit wntten opposition, then s~x out of seven votes of the C~ty Council are required to approve the zomng change These forms are used to calculale the percentage of landowner opposltton Please circle one . In request Neutral to iequest ~-'~posed to !eq favor of Comments 3rd time proposal made to reduce lot size from SF10 %o SF7, with only,minor changes - denied twice - I urge 3rd denial Ob3ect to smaller house~, which will reduce ad3olning property values Ob3ect to addln to already dangerous traffic problems - critical from Dept of Publlc Safety to Aud=a~ane to Highway 380 Pnnted Name Z ~ _q ~ C~ty, State Z~p _/'~_~..v'~',~/"/ 7""~ Telephone Number ~-~::)~ ~ ~,~'~ Physical Address of Property w~th~n 200 feet .fo~r/y'<~!n~ ~,,~ CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 ZP O0 004 NOTICE OF PUBLIC HEARIN6 ZP-00-004 The Planmng and Zoning Commms~on of the City of Denton w~ll hold a pubhc hearing on Wednesday, May 24, 2000, and consider recommending approval to C~ty Council a Zomng Plan for 36 6'/ acres between Loop 288 and Mayh~ll Road south of Audra Road The property ~s currently zoned one-family dwelhng (SF-10) The intent ~s to develop a single-family res~dentml subdivision (Z-00-004, Downs Meadow, Thomas B Gray) The pubhc heanng w~ll start at 6 00 p m ~n the C~ty Council Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property w~th~n two hundred (200) feet of the subject property, the Planning and Zoning Commission would hke to hear how you feel about this zoning change request and ~nwtes you to attend the public hearing Please, ~n order for your op~mon to be taken into account, return this form w~th your comments prior to the date of the pubhc heanng (This ~n no way prohibits you from attending and participating/n the pubflc heanng ) You may fax it to the number located at the bottom, ma~l it to the address below, or drop ~t off ~n-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn. Thomas B Gray, Planner The zomng process includes two pubhc hearings designed to prowde opportunit~es for c~t~zen ~nvolvement and comment Prior to the public hearings, landowners w~th~n two hundred (200) feet of the subject property are not~fied of the zoning request by way of this not~ce The first pubhc heanng ~s held before the Planmng and Zomng Commission The Commission ~s ~nformed of the percent of responses ~n support and ~n opposibon Second, the zomng petmon ~s forwarded to the City Council for final action provid~ng the Commms~on recommends approval Should the Commission recommend demal, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area w~th~n two hundred (200) feet of the site submit written opposition, then s~x out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner oppositmn Please circle one ~ppo est~ In favor of request Neutral to request sed to requ Comments I'~,~,~,~.~-~ ~',~-- ~O~,,~ Signature ~ ~ c.,. ~,..~ ..,.~. Printed Name ~;. 13A4,~ ~-~.t,,~"F' ~ Malhng Address ~ /'J~"~; ~"~ ~'~'~' City, State Zip ~/,~3'~-,~, 'T-~<; Telephone Number <~o---' '~ ~q). ~ Physical Address of Property within 200 feet CITY OF DENTON, TEXAS CITY HALLWEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 ZP O0 004 14 , , NOTICE OF PUBLIC HEARING ZP-00-004 The Planning and Zomng Comm~ssion of the C~ty of Denton wilt hold a public hearing on Wednesday, May 24, 2000, and consider recommending approval to C~ty Council a Zoning Plan for 36 67 acres between Loop 288 and Mayhfll Road south of Audra Road The property ~s currently zoned one-family dwelhng (SF-10) The ~ntent ~s to develop a s~ngle-famfly res~denbal subd~ws~on (Z-00-004, Downs Meadow, Thomas B Gray) The pubhc hearing will start at 6 00 p m m the C~ty Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w~th~n two hundred (200) feet of the subject property, the Planning and Zontng Commtsston would I/ke to hear how you feel about thts zoning change request and mwtes you to attend the public heanng Please. ~n order for your opin~on to be taken ~nto account, return th~s form w~th your comments pnor to the date of the pubhc heanng (Th/s ~n no way prohibits you from attending and participattng tn the public hcanng ) You may fax ~t to the number located at the bottom, marl it to the address below, or drop ~t off ~n-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn' Thomas B Gray. Planner I The zoning process ~ncludes two pubhc hearings designed to prowde opportunities for c~t~zen involvement and comment Pnor to the pubhc heanngs, landowners w~th~n two hundred (200) feet of the subject property are notified of the zoning request by way of th~s nobce The first pubhc hearing ~s held before the Planning and Zomng Commission The Commission ~s ~nformed of the percent of responses m support and in opposition Second, the zoning pebt~on ~s forwarded to the City Council for final action prowdmg the Commission recommends approval Should the Commission recommend denial, the pebboner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area w~th~n two hundred (200) feet of the s~te submit wntten opposition, then s~x out of seven votes of the C~ty Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one in favor of request Neutral to request to reque_~.. ~ Comments , S gna ur Mai ng Address City, State Z,p X H A/ Telephone Number ~ ~/~ Physical Address of Properly within 200 feet CITY OF DENTON, TEXAS c~ HALL WEST · DENTON, TE~S 76201 · 940 349 8350 · (F) 940 ~9 7707 ZP-OO 004 ' I ~5. I1A'~-25-2~30 03.34 CARUTHERS ~ IMS i 940 566 379i P 0i May 24, 2000, and consider recommending approval to City Council a Zoning Plan ~or 38 between Loop 288 and Mayh~ll Road ~outh of Audm Road lhe proparty ~s curr®ntly ~oned one-tem~ly dwelling (SF-10) The Intent ~s to develop a ,ingle-family res~enUal subdivision (Z-00-004, Downs Meadow, Thomas B Gray) The pubhc heating will start at 6 00 p m in the City Council Chambers of City Hall located at 215 E Mc. Kinney Street, Denton, Texas Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Cornmlsslon would like to hear how you feet about th~s zoning change request and Inwtes you to attend the l~ubllc hearing Please In order for your opinion to be taken Into account, return th~s form with your comments prior to the date of the public heanng (Th~s ~n ~m-wey pm~b~$ you-from attend~ a~t peNle~eb~g ~n the-pub:;c hcanng ) -~eu may fax It t~-th~_ number located et the bottom, mail it to the address below, or drop it off m-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn: Thomas B. Gray, Planner I The zoning process Includes two public heanngs designed to provide opportunities for citizen involvement and comment Prior to the public hearings, landowners within two hundred (200) feet of the subject property ere notified of the zoning request by way of this not, ce The first public heanng ~s held before the Planmng and Zoning Commission The Commission Is informed of the percent of responses ~n support and In opposition Second, the zoning pebbon Is forwarded to the City Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area within two hundred (200) leer of the site submit written opposltmn, then s~x out of seven votes of the City Councd are required to approve the zoning change These forms are used to calculate the percentage of landowner oppo$ibon Please circle one. -- In favor ef reqtmst Neutral'to request -~--~ppo~ed to-ree~u~t_~ Comments Telephone Number' PhyslcalAddress of Propertywithln 200 fact ~' ~-I Y3. I"~-~,~, ~/~ '~ ,~. CITY OF DENTON, TEXAS C~TYHN.LWEST · DENTON TEXAS 76201 · 9403498350 · (F)g4034g T707 T[3TI-~. P 01 ENCLOSURE 5 City of Denton Department of Planmng and Development Density Calculation Worksheet Project Name Downs Meadow Date April 10, 2000 Base Density 36 67 acres x 3 0 umts per acre = 110 umts ESA transfers none Open space 5 13 acres needed to achieve mammum density ~ncrease of 10% 4 89 acres provided (good for 9% density increase) 3 0 umts per acre + 9% ~ncrease = 3 27 umts per acre = 120 umts Design features proposed Street Trees Fences Landscaped Features Density ~ncrease of 0 1 umts per acre ~s awarded for every three design features proposed 3 27 umts per acre + 0 1 umts per acre = 3 37 umts per acre = 123.6 umts Density as currently proposed 124 umts / 36 67 acres = 3 38 umts/acre 17. ATTACHMENT 2 Pagc 147 I because of the site review and the developmental plan review I unus per acre He Is also proposing street trees one 2 and the Other processes that we have, that I think that 2 every 50 linear feet fences and landscaping features along 3 we're gems to have ~nough input into that site, m the 3 the entrances for example And for every three design 4 development of that site eventually that I think we should 4 features a density increase of I units per acre ~s 5 have prett'y good control of It It gives me a good feehng 5 awarded That puts hs at 3 37 umts per acre Thc mtc~ nn 6 to know that it's going to come back to us and we'll have a 6 development regulations reqmre us to round to the ncM 7 chance to put restrictions and__,.....~ -ether things on that piece of 7 nearest tenth which ~s 3 4 umts per acre and 124 meets that acreage 10 to happe, t~.j.r~Jthj.~i~v~lt~liltlSe,~becara~lt is gems to come 10 Ihavcrece~vedopposltion from four people Threcol then 11 back to us And ! feel comfortable with the system that 11 were wah~n the 200 foot not~fication The property o~ 12 we're gomg to be able to live with and get a mto 12 ~s bern and tben the property owner who owns all tht~sc 13 something that's gems to be good for the neighborhood 13 lots Tlus puts us because we subtract the area m tl~c t ~J 14 MR ENOELERECHT Any other couunent? We have a 14 from the 200 foot bufl~r tins puts us at 28 percent 15 motion to reconunend approval with coodmons Vote, please 15 opposmon And I will pass these around 16 Motion names 3 2 16 I beheve Mr Sahnon has also passed out a 17 (COMMISSIONERS MORENO AND WILLIAMS VOTING IN 17 traffic ~mpact aoother traffic unpact analysis sheet v~uh 18 OPPOSITION) 18 the traffic ~mprovements that we would require from fins 19 Commissioners, do you want to take ten minutes? 19 subdivision Staff feels that this development, O's 20 Okay Ten minutes 20 consistent w~th the Comprehensive Plan It s conslsl~nt 21 (Break taken) 21 with the lnternn developmeat regulations And we woakl 22 MR ENOELBRECHT we'll move onto Agenda Item 22 reconmlend approval w~th the coodmon that the trail 23 No 12 whmh is to hold a pubhc hearing and consider 23 impact analys~s requlremeats be incorporated And ~l thu'c 24 making a reconunendation lo City Council regarding a zomng 24 are no questions I wdl turn ~t over ta the applicant 25 plan for 36 67 acres between Loop 288 and Mayhfll Road south 25 MR ENGELBRECHT Any questions Comnuss~oncrs.> Page 146 Page 148 1 of Audra Lane The property is currently located in a I Mr Wflhams 2 One Family Smgle-Famdy 10 zoning district The intent is 2 Ma WILLIAMS Yes Just for my mformatmn do 3 to develop a 124 lot single-family residential subdivision 3 you happen to know off the top of your head what ~s th~ 4 At this time, I'll open the public heanng and ask Mr Gray 4 average size of a family'> 5 from the Planning Department to prowde us w~th the staff 5 MR O/lAY Average sine of 6 report and recommendation Sir 6 MR WILLIAMS A family based upon, I gu~s~ thc 7 MR GlUeY xhankyou, Mr Chamnan Aswas 7 1990ceasus Ifyoujusthappentoknow ~fyoudon't 8 noted tn the Agenda, this is a 36 37 acre tract that 8 fine 9 actually has come to the Conumsslon a few time before It 9 MnO~¥ t wouldn t know off the top of my 10 ~s here located near the corner of Loop 288 and Audra It's 10 head i I zoned sp to of course, under the interim development 11 Mn WILLIAMS okay 12 regulations allow density to be adjusted according to the 12 Ma ~EtCUUA~T It's less than four, I tlunk 13 density calculations that are set forth in the interim 13 It's three point something I beheve 14 development regulations Th~s s~te, I think in your backup 14 Ma WILLIAMS okay We'll go with time 15 you should have a proposed zoning plan The developer 15 Thank you 16 ~namds ~o construct a single family subd~msion Most of 16 MR RE[CHH.aRT T]ll~ to fOUr 17 the property wtll be zoned for roughly sF 7 lots There 17 MR ESaeLEaEcH~r Any Other questions9 Thank 18 will be some sF 1o lots Them is a 4 89 acre park reserve 18 you, Mr Gray Is the pettaoner or petmooer's 19 which the applicant would hke ~ dethcate to the park 19 representative present.> 20 I think briefly, because of the interim 20 MR KLINE EXCUSe me one second while we 21 development regulations we should p~obably go through the 21 up 22 density calculations Once agem we started with a base 22 MR ENGELBRECHT snr~ 23 density of three units per acre He dedicated 4 89 acres as 23 Ma ~.UNE chamnan Engelbrecht, members el thc 24 open space That's his park dedmation and that was good 24 Conumsslon my name is Tommy Khne I reside at 12311 25 for a nme percent denstty increase that put him to 3 27 25 Marbrook, Dallas Texas I m here tonight to ask yom PLANNING AND ZONING 5~24-00 ROUGH DRAFT Page 145 - Page 148 18 CondonsoltTM Page 149 Page 151 1 favorable recommendation on the zoning of a 36 6 acre tract 1 want to live ~n Denton Attolnable housing is housing that 2 according to the ~ntertre development regulations that the 2 ~s avadable accessible, and affordable The goal excuse 3 City adopted tn February 3 me alfordabthty housing demand that is thc housing 4 I would hke to toke just about two minutes and 4 demand has lee to rapidly increasing housing prices This 5 not knowing th~s Commission before, but I have read the 5 pressure tends to produce new housing only at the upper end 6 Comprehensive Plan, I would like to toke just two minutes to 6 ol the housing spectrmn For most members of the co~mnumty 7 mad about 13 hi~le just one sentence segments out of 7 hvmg m a new house is less and less likely The goal 8 the Comprahens~ve Plan that I think give credence to why 8 one of the housing component goals ~s to encourage 9 this request should be looked at favorably So, please if 9 development and presto'ration of affordable housing lor low 10 you would indulge me just for a few m~nutes 10 and moderate housebolds Thank you very much lor your 11 MR RISHEL Take all the t~me you want You 11 indulgence i appreciate a 12 have five rmnutes 12 With that I would like to just toke one qmck 13 MR ENGELBRECH r NO, he's got 15 He's the 13 analys~s of kind of where we feel this subdivision ts going 14 petitioner 14 We'll have to redo th~s I'm sorry I got a But I d hke 1 '5 MR RISHEL whatever you want to do with your 15 to put this on the scope and go over a real qmckly and I'm 16 tone 16 going to point ~t to one thing if we could blend m on 17 MR KLINE okay Denton will contmue to 17 that Just a qmck analysis of the land of single family 18 encourage a range of in housing types density m order to 18 land in the Denton area that's priced at $21,000 00 an acre 19 respond to the needs and desires of its residents 19 You get three units per acre Your land cost or your per 20 Quantities and locettons of future population and the city's 20 lot cost is $7 000 00 for your land Development cost ~f 21 existing land use mix, the city will need to aeoommodate 21 you don't have any extrenlely unordmary cost is about 22 approximately 15,000 additional acres of single family 22 $45 000 00 an acie At thre~ unas that costs $15 000 00 23 development And this is token w0hln the context of 2020 23 for yom development costs so your hind cost to put that on 24 Denton IS a city and a city creates opportumt~es for all 24 the ground is about $22 000 00 Your soft cost which ~s 25 types of people and businesses To accolmnodate all types of 25 your bank cost and your interest ~f you sell it pretty Page 150 Page 152 1 people a city must allow all types of housing Promote a I quickly a gets you to about $24 200 00 Yom profit ~s 25 2 diverse housing stock The resldeuttal component of the 2 percent so you'vt, got a $30 000 00 lot Budders typically 3 land use plan should be to allow all types of people to live 3 use a fora to five ratio for lot cost to home That bnngs 4 ~n Denton by allowing a variety of housing type, sizes and 4 a house on a $30 000 00 1oi up to $136 125 00 mmunmn 5 prices The housing stock should reflect the deanograph~cs 5 Now carrying that on through the ~ncome 6 and economic structure of the community Limit sprawl The 6 reqmred to purchase a $136 000 00 house if you put teu 7 restdeattal coraponent of the land use should guide 7 percent down you ve got to finance $122 000 00 You can t 8 development of housing pailerns that hmlt sprawl, 8 get an mght percent loan I don t think w~th the way things 9 accoimnodates projected housing demand and allows quality 9 arc julnplng but you could lout months ago Your payraeat on 10 lugh density development where it is close to jobs 10 that your P&I payment ~s going to be about $900 00 Yom 11 shopping schools and transit The average city-wide for 11 taxes and insurance accorthng to your tax rate is $327 00 a 12 single farmly developraeat shall be ~ units per acre 12 month so yom total payment is $1 226 00 Typically they 13 Allow higher density, smglo family and multi family housing 13 want you to have income ol about 30 percent so you're going 14 along major atonal roads near intersections of arterial 14 to have to have cash flow ot $4 000 00 a month You add 15 and collector roads 15 toxes to that So to afford that $136 000 00 $14000000 16 This ~s under goals In Section 4 acconmaodate 16 house you need income of somewhere ~n the neighborhood ol 17 27 000 single family homes by the yeai 2020 That's from 17 $60 000 00 18 1998 to 2020, that's an average of 1,227 a year 18 Now according to yom figures th~s ~s lrom 19 Constructton that ts affordable for low and moderate income 19 Denton Economic Development Chmnber of Commerce 20 housing ts becoramg more and more ran: An increasing body 20 apprommately you've got 16 9 percent of your populanon 21 of knowledge indicates that large lots single farmly 21 that makes between $50 000 00 and $74 000 00 a year %o ~f 22 neighborhood subdtvlsmns contribute to urban sprawl How 22 you take about $60 000 00 that's about half of that But a 23 homes that vary in lot sizes building size, and cost may be 23 house at $135 000 00 up you're only getllng only about 24 permalon in new developureat Housing in Denton must be 24 what, 25 pmcent of yom population has a chance to buy that 25 obtomable for those who work or attend school m Denton and 25 house according to today's nmnbers Now a ~s going up a PLANNING AND ZONING 5-24-00 ROUGH DRAFT Page 149 - Page 152 19 CondenaoItTM Page 153 Page 155 I little It so we are making more money I projector big projector If I could I would like to from 2 But now to go back, I would like to now focus 2 what we've submltled to the City I would hke ix> 3 back in on om' particular sim That was just kind of a 3 MR ENOELBRECHT well, I'd ask you to explain 4 quick economics of where we were going with high priced lots 4 those ~n flu'ce minutes please 5 and houses Th~s case has come before you two time this 5 MR KLINE okay I'll do a 6 year Neither of them went on to Council But I once we 6 MR LNGELBRECH l lhanks 7 took It and we put ~n under contract right before the 7 Mn K[tNE This weekend when I was preparing 8 moratorium, had a chance to listen to the moratorium, got 8 for this, I was looking agmnst of what in the lnte~nn 9 real scared that y'all were only going to have 10,000 foot 9 developmeot plan you're supposed to have prepared and what 10 lots, period That's it, bar none But have since done the 10 there were a couple of things I noticed that wc wen, 11 research, worked with this p~ece And one thing I wanted to 11 ready to offer the C~ty that we really hadn t And others 12 do is kind of what I've done hem is I've taken frmn 35 12 were just some things that were required on the things that 13 and 288 all the way around to Locust Andmthat a 10000 13 afterour DRC weronolonthare So lf you would tollow me 14 foot lot, typically the houses on 10,000 foot lots start at 14 around ff you would go to the lower left hand corner 15 about $150 000 00 and go to $200,000 00 1 '5 MI', RE[CHHART PUt It on the docmneat camera 16 We've got the land here that's zoned 10,000, 16 Ma KI INE I m sorry what9 17 buffers288 One of the groups that eame m last year 17 MRREICHItART Just tbrow tt over en top of 18 wanted to put retail on 288 That wasn't an optton They 18 your map over the~e and they can follow you on the screen 19 really didn't want access One of the Commlsstoners said 19 MR KL[NE okay Some el these are very m~nor 20 wbat about some apartments Well we really didn't want the 20 but I mean we thd want to enter them tnto our zoning plan 21 densttythere So we've klnd of got a ptece here that what 21 NoteA and l wfll read Note A to you but Note A m th~s 22 do we do wtth it It's zoned 10 000 Then if you take and 22 corner Note A occurs several rimes It ts wberever we wdl 23 go start frmn 35, all the gray every b~t of the gray ts 23 put our masonry fencing It will be budt a screen wall 24 SF 7 or more mteose You have two pieces that have ~n 24 can be constructed m accordance wah Ordmanea 2000 046 25 the green which is here, here here, here, here, around 25 Arncle 4 set on page 17 That's the masonry constmcixon Page 154 Page 156 I them are agriculture So we really don't know what they're I standards And that wall occur all along 288 It wdl 2 gmng to be You have two piece of sF lo land, the quadrant 2 occur along Audra west of our eotrance east of our 3 here and then also tlus piece up here Thts ts undeveloped 3 entrance and down Audra and then on our lots that would be 4 at the present tune For whatever reason, that's one of the 4 on the south s~de of the mst/west street 5 few subdlwstons I've seen in Denton that hasn't been really 5 The next wc had not really shown the zoning all 6 hot It's half bmlt out and those lots aren t bmlt out 6 thc way around on o~ DRC plan Directly across the street 7 Now I don't know the reason but I do know that it's the 7 wc have an sr 7 zoned ptece el land that I think ~s being 8 only sF 1o subdivision that touches 288 around wtth the 8 used for a retirement home or nursing center We have M~ 9 exccptmn of thts land here 9 zoned land We have O zoned land We have C zoned land 10 All the other sv ~o I could find has about a 10 And just to the nortb of us wu have General Retail Those 11 400 foot buffer off of 288 and that being found rl~t hem 11 are all and then we had not lUSt below the General 12 So wheil we got the pit:go, we just sat down and we said, 12 Retail, you see us iccp 288 we have not really shown the 13 okay how can we make thts work Some of the questtons came 13 right of way Wanted to be sure that we were g~veo thc 14 up who wants to put a house against 288, really don't want 14 correct right et way Then we wanted to show where the 15 us to have access to 288 We thdn't want retatl or 15 entry landscape wtll be The primary ~nterest would be on 16 apartineot because the n~ighborhood center ratio is too 16 Audra The secondary entrance landscape would be on 17 large We satd what about a park or a school Went to the 17 Mayhdl 18 school -excuseme Dld some research at the school we 18 AndthanNoleB whlch ~s on the bottom property 19 thdn't have eoough land We couldn't afford to g~ve them 19 hne whtch ts thc eaixrc length of thc people that objected 20 enough land Went to the parks and once we got mto I~rtc 20 with the excepuon of the people that I behove are zoned O 21 the parks sat& well, we mtght be interested tn a park but 21 Office m C Cmmnm cml to our si- 7 zoning We have agreed 22 not exaetly tn your location We had wanted to put tt up 22 wtth and talked to them and said that we would be more than 23 against 288 and they weren't really tnterested in that 23 wtlhng to build a screening wall of s~x to e~ght feet It 24 Asked tls to rework our plan and thus, we came back with a 24 would be pre~mmn grade lumber stamed on metal posts and 25 plan and I wondered, I don't have I was prepared for a 25 sunk tn concre~ Then we would go along on our design PLAlqlqlNO AND ZONING 5-24-00 ROUGH DRAFT Page 153 - Page 156 20. Condonselt TM Page 157 Page 159 I features -- do you want mc to wrap it up* 1 MR KLINF May I Just say one paragl'aph 2 MR ENGELBRECHT If yOU can wrap thts up Yes 2 closing? 3 please 3 MR ENGFLBRECHT Mr Khne we're already about 4 MR KLINE On our deslgn features that you find 4 four minutes over and I think we ve covered it 5 in the t~p right hand corner, we'll do the tree plantings 5 MR RISHEL That could have bean covered m 6 the masonry walls and the entry landscape The 6 rebuttal as far as I'm concerned 7 compatablbty measures, really there's no developed 7 MR ENOELBRECHT t have a question for you 8 subthwslons on either s~de of us There's zoned land but 8 You reahze of course no mailer what we do ~l that 9 there's no adjacent subthvtslon We would agree to 75 9 opposmon is there it s going to reqmm six of seven 10 percent masonry materials the s~x foot fence and all homes 10 Councd votes to approve tlns request 11 have a two car garage And the minimum we have from the 11 MR KL[Nk. t undelstand that 12 designed in the past, we elected to go w~th alleys ~n the 12 MR ENOELBRECHT okay Any other questions for 13 ~ntenor so that we have we can accoiranodate the fact that 13 Mr Khnc Thank you Is there anyone present who would 14 40 percent of the garages wdl not face the street So all 14 bke to speak m support of this petition9 Anyone present 15 the interior lots have alleys 15 to speak m suppoiq el this petitmn9 In that case ~s 16 I would hke to submit tlus le~r into the 16 there anyone pmseat to speak in opposmon to the petmon 1 17 record from file property owner He byes in Austm His 17 Il you would please g~ve us your name and address for the 18 name ~s Dr Downs 18 record 19 MR ENOELBRECHT DO we have a copy of that~ 19 MR HOLI AND [ m Llz Holland and I live at 3760 20 MRKLINE ~qO IJustgotittoday 20 Holland Lane Theletterljusthandedyouisaletterlrom 21 MR ENOELBRECHT Rather than read that, do you 21 Mr Smelzer Last tnne I was here I represented hah H~s 22 want to pass that around9 We're 16 or 17 mmutes 22 w~fe had cancer Sbe died and he buried her last weak and 23 MR KLINE please let me read ~t 23 didn't feel like attending and asked me to represent h~m 24 MR ENGELBRE(HI' tast 24 again 25 MR KLINE okay I'm writing th~s le~r to 2'; I want to tbank tile Coiurmsslon for hea~mg mc Page 158 Page 160 I you, and it's addressed to the mayor, in regards to the case I lora third time to try to protect my property and what I 2 regarding the 36 acres I purchased th~s ploperty in 1987 2 honestly believe ~s the interest of tile city as well Mr 3 It has bean on the market continuously for ten years There 3 Khne has already mthcat~xl the two pmwous hearings and 4 have been four contracts to sell th~s property in the past 4 their outcome Just a hltle history we were annexed m 5 five years In each case the Planning and Zoning 5 1969 and m 1971 we came to tbe City and asked what 6 Commission has refused to rezone the property from s,~ 1o to 6 protective zoning tbey would recmmnend to prevent 7 sF 7 and the contracts were canceled by the purchaser All 7 ~ncompatthlc development around us We agre~l wah the City 8 would-be purchasers and several local developers whom I 8 and we asked for and received an si to zoning and that 9 consulted have told me that the only economic way would be 9 zoning has held for these many years 10 sF ? None would purchase the property sF ? under any 10 I was ~nterested in mmdentally this l~ 11 clrcumstaneas or any prlea 11 something unusual maybe but we have a good relationship w~th 12 The property is now under contract to Tolmny 12 Mr Khne We get along fine Wv are compatthle ltl cvc~ y 13 Khne who ~s a careful, honest, energetic developer He 13 way The only thflerence he~s on one side of tlus ~ssue 14 has presented a plan to develop the property of mixed sF lO 14 and I'm on the ntber I vc got my money invested and tied 15 and sr 7 with acreage donated for a City park I am a 15 up for a bfetane my wile and I He's about to ~nvcst h~s 16 retried physician, 74 year old afflicted w~th cancer My 16 to build on a If he doesnt get h~s he 11 tow on down 17 wife is seriously ill And the proper~ represents part of 17 thc road If I lose I in taking a loss that I don't bavc no 18 our retirement Please g~ve this matter your conslderatmn 18 way to recove~ 19 bmcerely E Edward Downs M D 19 But m show~ng the amount of st: ? and sF ~o 20 MR ENOELBRECHT co~urmSSlOners, do you have any 20 zomng he makes my case I think Denton ~s b~g enough that 21 questions? Mr Rlshel 21 it can afford all types of housing ['or people We have a 22 MR RISHEL NO I'm just trying to call point 22 lot bere App~ eyed two b~g projects tomght w~th a lot of 23 of order 23 small lots on ~t There's bound to be a market fo~ 24 MR ENGELBRECHT okay Are there any other 24 something between the one and five acre lots w~th a 25 questmns for the petitioner? I have one 25 $500 000 00 home on them and the sr 7 with a much cheaper PLANNING AND ZONING 5-24-00 ROUGH DRAFT Page 157 - Page 160 2~- CondcnseltTM Page 161 Page 163 I home I think there s a market ior and a need for the I things up as we did our other speaker it that's acceptable 2 midiron pilce houses And most of the people that buy the 2 with our ethel Con~n~ssmncls 3 mexhan price houses don t buy - that s not their first one 3 MR ENt~FI BRLCH 1 Are the other Commissioners 4 They move up to those So they don't have to have the high 4 okay with that? I m~ght point out m addtuon pardon 5 raceme to hve in those houses it s a matter of econolmes 5 MR WILLIAMS It's fair 6 I'd ask for a hide patience here I'm a little slow and 6 MR FNOELBRECHT And I m~gltt point out m 7 not accustom to this equipment 7 addition he is speaking for Mr Smelzer who couldn t be 8 MR ENOELBRECHT It will be coming up There 8 hem this evemng as well 9 it is 9 MR RISIIEI DO you want to give him rive i0 MR RISHEL Pull the microphone to you l0 minutes rhea9 11 MR HOLLAND EXC'USe lllO I'm sorry This 11 MR FNGELBRECH 1 1 ive minutes? 12 proposal ~s between 70 and 80 acres from the federal center 12 MR WILLIAMS that's fair 13 to Audru lane And it's all zoned SF to except one little 13 MR ENGELBRFCHT All right Would you please 14 corner that's Retad This proposal takes 36 acres right 14 reqet the tnner? Thank you 15 out of the middle of it, leawng an sF i0 on each side 15 MR ,UOLL^NI~ 111 give you some of that back 16 This wdl definitely set the pattern for everything else 16 I just want to make the point that thlq offset road here at 17 that s to be built around there There's not going to be 17 Audra is espealally hazardous just a few hundred t~t south 18 anything boiler than that built, for sure 18 el the me, ge coming off of 380 onto 288 At the Denton 19 Another thing that I want to talk about and I 19 Development Centcn' they have two entrances and exits there 20 apologize for my clmnsmess here and that's all I can call 20 where iht. busses go m and thmr passengers go m and out 21 it I'd hke to get thls plan up to size lflcould This 21 I'vcgotptcturesherebuttancdoesotgivcaretmlcto 22 ~s a locatmn map 22 really show what I'd hke to 23 MR ENGELBRECHT YOU have OhO UlUlUte 23 1 want to talk about file Audra Lane sauatmn 24 MR HOLLAND F1ve m~nutes ~s not very long to 24 just a minute Tins ~s the that's the entrance to Audra 25 defend a hfetune ~nvestmeot The traffic comes off of Loop 25 Lane coming off of 288, a narrow ummproved read wuh no Page 162 Page 164 I 288 over 380 arerges wah all thc traffic that's coming off I shouldeis Ilals as best I could tot[ taking a plclum is 2 of 380 coming south They merge right hero Yell get down 2 a p~ciure of the road where the develop proposes Io bring m 3 here to Audra Lane and you have traffic COllllng both from 3 one of his exlls Io lhls that will carry these I 000 tops a 4 east and west primarily school children and people 4 day Audra and Mayhdl both am just lwo lanes no 5 attending the schools that have to turn one way or the 5 shoulders no ~mprovement and just an overlay on them ~sn t 6 other If they go across the street they're going to have 6 going to bet U done II won't increase tile carrying 7 to cross two lanes of traffic We just passed an ordloance 7 eapac~iy llae danger thai lbese cond~l~ons present am not 8 that says we're going to move all truck t~affic off of 380 8 jusl an Inconvemence but lheyhe a danger lo boy 9 WI. st which IS golog to increase the already heavy truck 9 there's a lot el students that found out they can avoid bast 10 traffic that we've got oil Loop 288 now 10 McKmney/Loop 288 block down there by conung up Mayhlll onto 11 Also, up at this Denton Developareot Ceot~r this 11 Audra and then OhiO the I oep And the traffic is eximm,.ty 12 ts a home for handicapped people or people with special 12 heavy them going both ways t wenl down there and Oted to 13 needs and their busses are gonlg el and out of there all 13 take plclures of It and there's so many l was afraid I was 14 day long every day The school bus sarvlce center is down 14 going to get mn ovei I just gave up Bu't the Oaffic 15 that road and so is Ryan School and file traffic on the road, 15 it's going Io kdl somebody 16 It looks like a bunch of yellow ants up and down that with 16 A young man folloaed me saw me laklnb pmtures 17 tile school busses and trucks and traffic It's not an 17 Said you going to o~ to get sotllethlng done about lhls 18 inconvenient situation It's a dangerous Slttlatlon 18 O'atflc He said 1 ahnost got killed here last week 1 19 MR ENGELBRFCHT [ understand 19 don't know who he was Hejusl volunteered Thl~ could be 20 MR HOLLAND They had 1,000 trips a day that 20 yom chdd It could be qolllebody else across town It 21 would go onto Audra and onto the Loop really comphcatmg 21 doesn't lust affecl us that Oyes Ihere It affects 22 our ah'cody dl£flcult traffic situation there And I'm 22 evetJ~body m town thai uses the Loop And a lot of 10c 23 trying to respect your time hmlt 23 trdhc has lound they ~.an avoid the sOuatlon down on East 24 M~ RISHEL Mr Chairman, I d like to give tho 24 McKmney by going thxough there and not just school k~ds 25 speaker another three mloutes just to let him kind of wrap 25 1 thank you for your t.ne and your paOence and PLANNING AND ZONING 5-24-00 ROUGH DRAFT Page 161 - Page 164 22 Condenaelt m Page 165 Page 167 I I achmre you for yom' ded~canon to being willing to come 1 got a tough decision But i in not sure that tlus ~s really 2 down here and do what you do I've been down here Last 2 in your heart can you say it s a true SF l0 locatxon We 3 tnne I was down here, it was 2 00 o'clock m the morning 3 meet the reqmrements ~n the interim ordinance We re 4 when we got tlu'ough w~th it So we're getting to it a 4 wflhng I th~nk to braid a subthvision that everybody 5 httle earlier tonight than usual 5 would be proud o£ Thank you for your patience and thank 6 MR ENGELBRECHT CoarnllSSlOners, do you have any 6 you for the hour 7 questmns? 7 MR ENt~ELBRECHT I think we have some 8 MR RISHEL Thank you Mr Holland 8 questions Ms Gourthe 9 MR ENOELBRECH r Thank you, sir 9 MS GOURDIF Thank yon [V[r Khne OI1 thc l0 MR HOLLAND Thank you 10 p~oposed s~ ? lots that are to the south of the James 11 MR ENGELBRECHT IS there anyone else present 11 Stewart property the James Stewart property ~s that 12 who would hke to speak tn opposition to the petttaon? 12 zoned SF 10~ The little wedge that's 13 Anyone present to speak m opposition to rite pet~Uon9 13 MR KLIN~ ~ he little strip? 14 Seeing no additional opposltmn we g~ve the petataoner an 14 MS (JOURDtE Yeah 15 opporiumty for rebuttal Mr Khne 15 MR KLINF yes maam Thares Ithink 12or 16 MRKLINE Thankyou I have a lot of 16 13 acrcs is zoned sl 7andthef]'ont~sGeueralRetad 17 compassion Ido Mr Holland and t have had some, a 17 MS OOURDI[ [tsb[ 7~ It says zoned sF lo on 18 couple of real good discussions We have worked hard to sit 18 your paper here 19 down and plan a development that meets the cnteria of the 19 MR KttNE Imsurry No no it s zoned 20 interim development, takes into consideration the nmghbors' 20 s~ 1o 21 concern as much as we can Weagrestoputarewofl0,000 21 MSC,OURDm mspropereyissF~o okay My 22 loot lots on the bottom to buffer and then the 7,000's m 22 question to you is on the. se proposed SF ? lots are those 23 the huddle of the subthwsmn The broider my 23 lots doubled up or are they just I guess the widths are 24 budder/partner is doing two projects tn thls city now 24 what I'm Mr Holland had 25 There's not any questions of who that would be He's doing 25 MR KLINE ^ typical lot would be 62 X 113 Page 166 Page 168 I one ploject in the northeast and one in the south Th~s I MS GOURDIb okay So when we get ovm to the 2 would be a third project kind of a m~d range The houses 2 east s~de I guess el the property ~t seems a b~t w~dcr 3 would he from $100 000 00 to mtd $150 000 00's 3 Is flint going to be a different format or how arc you are 4 I just wonder, when you've got two pieces of sF 4 those going to be skmmer lots? I guess my whole thing is 5 zoned land over tho whole east side of yom' Loop and there's 5 being that you are compensating Mr Holland with putong 6 - ~s there really a potential for success? Dr Downs has 6 sF 1o because his zoning ~s sr' 1o t m mchned to think 7 bean trymg to market his property for ten years He has 7 that the same should be done to the Jmnes Stewart property 8 not had success There's one project that touches sF lo 8 that il Ws going to abut s~ l0 ~t might be a good 9 Fverythmg else is SF 7 is it really right to let this man 9 transition to go that route too And I just wanl~d to let 10 say it's going to be sF to when there hasn't we've been 10 you know where I was thinking how we trans~Uon property 11 ~n the hottest housing market we've had in years and nobody 11 And il you want to gut into an si~ ? zoning which would be 12 has come and wanted to do thls Commg before you, atleast 12 pretCymuch the rest of thc property I could sea lt more 13 I was told by the fellow that has ~t under contract the 13 as an easle~ transition m my m~nd for proper~ concerns 14 and he has put the SF 10 under contract that's to the north 14 And i just wasn t sure how it was being lined up on your 15 of me and also the agriculture He joined them together 15 s~nce th~s ~so t done I realize you didn't have to do a 16 There's a grocery store clrehng and he wants to -- he'll 16 but ~t dcesnt show any kmd of lot placements 17 come at least he told me because he contacted me about a 17 M~t kL~NI Basically with 36 acres you can t 18 p~ece out of this and I smd we've got a project here, we ve 18 get real creative I mean you'rv really conditioned by the 19 got to go forward So l thmk that s gomg to come before 19 w~dth Thcrcsl6sl~olotsonthebottomandtheotheyre 20 you I thought he'd already bean to PRe I don't know He 2(/ longe~ so they re blggel than sF 7 s up agmnsI 288 Then 21 had not? Okay Maybe he's been talking about it 21 ~t comes around and on the north which we'd be buffering 22 But fins ~s a viable prelect We've extended 22 the property to the north which is now zoned si~ la but ~s 23 the lots made them larger on 288 We'll bmld a sound wall 23 under contract right now to be brought before the fellow 24 there The builder knows what he's up agmnst He sells in 24 wants to control Audra because he wants to hue it up to thc 25 this town I thank you for your pataence I know you've 25 hght to the north And I know you can t base yom dec,stun PLANNING AND ZONING 5-24-00 ROUGH DRAFT 2 3 Page 165 - Page 168 CondenseltTM Page 169 Page 171 I on that I abuamg Audra Lane Is ties correct Mr Salmon? 2 MS OOURDIE Right 2 MR SA[ MeN standard perimeter paving would be 3 MR KLINE BUt I have to I can only do what 3 m effect for the road adlaoent to his properly But on the 4 I can do We can only afford and It worked out to do a 4 sectmn of Audra Lane from his property going back west to 5 five-acre park Our density ts within file hmas of the 5 the Loop would just be a rcmlx and overlay which would not 6 interim development And I just well I've answered your 6 have crab and gutler 7 qucstmn 7 Mit ENGF[ BR[CHI okay But he would have curb 8 MS OOURDIE Thank you 8 and gutter on the portion of Mayhlll and 9 MR ENGELBRECHT Any other quesuons 9 MR SALMON But there would be curb and gutter 10 Coimmssloners? So, Mr Khnc I hear you saying that the 10 along h~s frontage on Mayhdl and Audra 11 sF l0 that's to the north is possibly under consideration 1 [ MR ENOELBRECHT okay So I guess I'm 12 for a request to be changed to retail or some other 12 somehow that bar thtch will have to end on each of those 13 MRKLINE Yes sir 13 streatsandmeshmtoacurb Okay Allr~ght Anyothe~ 14 MR ENGELBRECHT A Planned Development or 14 questions for star/'? Mr Rlshel 15 somethmg that would have mtad m it Okay Andthat's 15 MRRISHEL tmaht0ebltcuriousbecause 16 why you left that 7 along that side There's evidently no 16 you brought something up earher m one of our discussions 17 oppositaon from purt~es 17 about tbe tune interval when we had seen th~s project last 18 MR KLINE It was paced way out When we 18 Can you g~ve me a specific date9 Are we at the year purred 19 looked at it, it was priced like retail So we couldn't, we 19 out? 20 thdn't have any, we couldn t use ~t 20 MR IIOLLAND May 12th, March 10th is my 21 MP. ENOELBRECHT Any other questions? Thank 21 bnthday May 12th of '99 22 you With that, I'll close the pubhc hearing And I have 22 MR RISHEL okay And my next question was 23 a question for staff, I'm not sm~e who This ~s an 23 actually for Mr Holland I was wondering smc~. 1971 when 24 interesting point because it does make a differencc I 24 this land was zoned SF 10 how many tunes have you been 25 recognize what the zoning is on that northern piece It 25 before P&Z to try to d~.fend your posmon9 Page 170 Page 172 1 says sr' lO And I'll ask this of staff is there really MR }lOLl AND This IS the third time 2 do we really have folks looking at that for some sort of 2 MR RISHEL In three years9 3 retail ar something which would suggest that this sF 7 would 3 MR HOLLAND tn over a year 4 be an appropriate transition between that piece and the 4 MR RISHEL thank you Mr Holland 5 SF 10 to the south? 5 MR ENGFI BRF£ HT Any other quesuons 6 MR REICHHAIRT we do have somebody looking at 6 Coimmssloners9 Mr Crray any final colmneuts? 7 that lot retail That would require not only a zoning MR GP. AY NOt really I was just going to 8 chance but an amendment to the Comprehensive Plan So 8 point out that one of the reasons we reconunend approval ~s 9 yes they are looking at that for comn~ercml but there is a 9 because we think this development first of all it follows 10 long road before that happens 10 thc Comprehensive Plan tn that the Comprehensive Plan would l I MR ENGELBRECHT okay 11 hke to look at houses who.ne not all of thc streets 1 12 MS OOURDIE what is ~t zoned as in the 12 mean not all of tile houses have garages fronting the 13 Comprehensive Plan 13 stt~et That's what the alleys am tor lo fact I believe 14 MR dRAY Neighborhood centers 14 our Compmheasxve Plan does have a section alleys 15 MS GOURDIE okay 15 We also seeing that this is a neighborhood 16 MR REICHHART which would allow some 16 centers area of the Comprehensive Plan we think this park 17 cmmnercial or retail development, neighborhood oriented 17 area right here, this almost five acres of park is would 18 MR ENOELBRECHT BUt the point about that is we 18 provide a type of neighborhood center You can get to ~t 19 will t~nd to transl'uon lot sizes Another question I have 19 from here and here And also any future developinent that 20 I know Mr Holland raised the ~ssue of the traffic, 20 occurs around here could use this as a ne~glthmhood park 21 obviously the develop has to put in traffic unprovements 21 So I would just reiterate that we recouunead approval with 22 And we have had those stated w~th regard to Audra Lane Now 22 the condition to the traffic ~mpact analysis attached 23 I'm assuming that it's talking about mill off existing 23 MR ENCJF[ BRECHT Any question wah mgaid to 24 pavcunent, minx, apply two-inch overlay, et cetera We also 24 that part for staff'? Would there ~s this simply a 25 we would not have curb and gu~er because he is not 25 pedestrian park9 At develepment would there be some paikmg PLANN1NG AND ZONING 5-24-00 ROUGH DRAFT Page 169 - Page 172 24 Condonselt m Page 173 Page 175 1 there for residents to get to ~t? I instead of just accessing that property off of MayMl 2 MR ORAY That's probably something that the 2 Those am the three points of access that you could p~obably 3 somebody from the Parks Deper~ent could answer I really 3 expand on th~s development 4 couldn't at th~s point in tulle 4 MR FNOELBRECHI' Any other questions for staf?~ 5 MR REICHHART Typically oelghborhood parks do 5 Thank you Mr Re~chhart Okay If there are no other 6 have parking areas associated with thmn, small parking lots 6 questions thank you Cmnmassioners do we have any 7 MR ENOELBRECHT It wasn't exactly clear to me 7 comlllents or a motion? Ms Gourthe 8 on that If you would on that thing, Mr Gray, on the 8 MS GOURDIE I do have a question Is there 9 overhead, show the park area relative to those two streets 9 going to be a traffic hght or anything to belp on 288 or ~s 10 We have perk area adjacent to the street comma off of 10 Audra lUSt going to have to deal with what happens there9 11 Maylall,and then as you turn right there, so that's all park 11 MR SALMON well when Loop 288 Is mbudt ~n 12 area m there correct? 12 2001 2002 timefiame there wdl be a median in that area 13 MRORAY Right Well, just this area Notup 13 thatwdlprecludcleftiurnsatAudraLane Soldoubt 14 along here This area right here is house lots 14 that there would be a traffic signal 15 MR ENOELBRECHT Yeah that's what I was 15 MS OOURDIF SO how will these people all 16 what Is that arena 16 : ~ght So everyone ~s going to have to take Mayhdl Road el 17 MR REICHHART SF 7 S 17 IS there gmng to be soinethmg on Mayhdl that's going to l 8 MR ENGELBRECHT That's SF 7 s Okay All 18 preclude people doing something else9 19 right So theo we have the park behmd ~t and there ls a 19 MI{SALMON well yeah Imean, peoplewho 20 small access there Okay I guess I'm sort of curious why 20 live in th~s subdivision if they wanted to go south to the 2i staff did not, and I hadn't thought of this befure but Mr 21 mall oI something hkc that would have to get on Mayhdl and 22 Reichhart pointed out part of It why we don't have some way 22 go south on Mayhill 23 to access the properties to the north and the south through 23 MS GOURDIE But they'd have to return on Loop 24 there I mean w~th that center street it would seem to ina 24 2889 25 that ~t s appropriate to have a cross sectional street 25 MR SALMON well yeah they could either Page 174 Page 176 I through there In addmon, that would provide some 1 return on MayM1 or they could come back home on Loop 288 2 pedestrian access, as well, for any sort of netghburhood 2 up to Audra 3 services that's part of our neighborhood plan 3 MS oou~otr so really the only really tree 4 MR HOLLAND That's a detenUon area 4 north/south access will be Mayhlll/or these folks off of 5 MR ENOELBRECHT [ understand that lower part 5 Audra9 Once the Loop 288 medmn goes in there 6 MR HOLLAND That's a detention area Tbat's 6 MR SAI MeN well right Their access to the 7 where water drains right down in that corner 7 Loop would be somewhat hm~ted by the tact they couldn t 8 MR ENGELBRECHT Any couunent on that, Mr Gray 8 make left turns there It would only be right in nod right 9 why we dldn t? 9 out l0 MR ORAY Not really This had changed 10 MS FNOELBRECHT Any other questions for staff 1 1 Originally, the park area was locaRxl over hero The 11 oi comments? 12 applicant had considered putting park next to the freeway 12 MR RISHkL MOtiOn 13 Just as a buffer But neither us nor the Parks Department 13 MR ENGELBRFCHT Mr Rishal 14 would accept that so it moved over here 14 MR R[SHEI I d hkc to move to deny approval 15 MR ENOELBRECHT Right I understand 15 of zP aa 004 16 MR ORAY lguess in the best of all possible 16 MR WILLIAMS second 17 worlds, we probably would have liked this whole area to be 17 MR ENOI~LBRECHT it'S been moved and seconded 18 open buh economically that wasn't feaslbla, at least to 18 to reconunend dental Any d~scussion on the monon~ Ms 19 the applicant 19 Gout(he 20 MR REICHHART Tho issue about connectivity to 20 MS GOURDIE 1111 having a real hard time 21 the adjacent properties is for the mad systca~ And I tlunk 21 accepting that mouon only because th~s property has been 22 ~f the Planning Board is so mchncd, you could reconunaad 22 before us so many tnnes And I think we have a real traffic 23 maybe at the time of the project plan to reconunend a 23 problem I don t know how we could keep penmtt~ng stuff to 24 connection to the north and tho south and maybe a vehicular 24 happen without really knowing wbat's going to happeo to our 25 connectaon, if required by Parks through th~s development 25 roads and how we get people in and out of here But I don t PLANNING,AND ZONING 5-24-00 ROUGH DRAFT Page 173 - Page 176 25 CondonseltTM Page 177 Page 179 I think sl~ lo ~s the reasonable answer on all this property I hold a public hearing and consider making a recommendation 2 And ! happen to say that we tend to around everywhere else 2 to C~ty Council regardtng a zoning classification of car 3 m our city, do transitaoaal development And so I'm 3 rental estabhshments Car rentals are a use not curreatly 4 fascinated why this piece wouldn't be considered 4 hsted within the Cl~y of Denton's Zoning Ordinance The 5 trans~t~0nal development especially considering it is going 5 applicant has requested to allow car rental estabhshments 6 to be zoned Neighborhood Center which does chance the whole 6 w~thm the Clly's General Retail zoning classlficaUon At 7 complex of the city, of this area Whtch of course is 7 th~s tnne I'll open the pubhc heanng and ask Mr Gray to 8 different from what it was back in ~71 8 provide us w~th stafl report Sir 9 I can't in a good heart know that this is the 9 MR 6~,A¥ lhank you and good morning This is 10 right thing to do Something needs to be done with this 10 really something that we 1i handle as a text amenthnent to 11 property and I don't think sv lo ~s the answer 11 the Zoning Ordinance We cun'ently do not have a use 12 MR ENOELBRECHT Mr Rlshal 12 classificat~on for car rental agencies Just to g~ve you a 13 MR RISHEL I don't deny that this property 13 background earher ~n the year a certificate of occupancy 14 probably eventually will not be s~ to I do appreciate the 14 was requested for a car rental to be located up on West 15 fact that Mr Holland has worked for 29 or 31 years to 15 Umversay Grcg Mitchell our budding official dec~ded 16 develop the fneadships and alhanoes he has w~th h~s 16 that a car rental was a use very slmdar to open lot new or 17 ncughbors and they have stuck together as a group as they 17 used car sales so he domed the certificate of occupancy 18 look at this piece of property and what's surrounding thean 18 The applicant went to the Zoning Board of Adjustment to 19 And I think they have put a lot of thought into developing a 19 m:loest an appeal The Zomng Board of Adjustment granted 20 strong friendship m that oelghbolhood and I very much 20 that appeal and overturned the building officials' decision 21 appreciate that 21 What that basically means is that the ZBA has found that car 22 I think If some builder comes along and finds a 22 rental does constltote a use separate and different from car 23 way to work with the neaghbors ~n some way, maybe put the 23 sales 24 park where they are there's ways of hying to get this 24 The next step then is to take this to the 25 developed into something else And I think it will develop 25 Planning and Zoning Commission for a reconunendauon as Page 178 Page 180 1 Into sometlung else eventually but right now, we have a 28 i required by our ordinance for new and unlisted uses And 2 opposltton, 28 percent opposltton from the neighbors that 2 from here this will go onto C1~ Council If approved the 3 are m this area I respect that tremendously As I say I 3 Zomng Ordinance will be amended to include car renlal and 4 think that there's an opportunity here for a builder to come 4 to place it ~n a pamcular zomng category 5 along, tO put sometlung forward to us that would be very 5 Staff recmmnends that the Zoning Ordinance be 6 innovative that would work with the neighbors m a way that 6 amended to include car rental with some conditions Nmuber 7 they had not bean approached before, and find a way to make 7 one car rental should be defined as an estabhshment for 8 this work Because I think, I firmly believe that it's 8 the rental of new or used passenger vehmles No more than 9 probably not an appropriate sF lo thing but I think that 9 ten reatal cai s shall bo stored at the loeatlon at any given 10 there's ways that budders can work to try ~ work and 10 time And no vehicles shall be offered for sale on the 11 mlUgate the damages that are going to be seen by the 11 premises Cleaning and maintenance of vehicles shall be 12 neighborhood and the people that are already there And I 12 screened lrom pubhc view And if the property ~s adjacent 13 think that I'd like to see our City Council respect that 13 to residential development all cleaning and maintenance of 14 Thank you 14 vt,lucles shall be done indoors 15 MR ENOELERECHT Mr Williams 15 This definition furthermore should be a use by 16 MR WILLIAMS At thlS point in time, I don't 16 right in the General Retail Couunerclal Central Business 17 think we have the infrastructure for this development I am 17 Light Industrial Heavy Industrial and Planned Deve[opmeat 18 one of those folks who turns left on Audra off of 288 to 18 zoning districts and land use classifications So ~n other 19 take a shortcut to Ryan H~gh School and the streets are bad 19 words anything from General Retail on up And then 20 Something needs to be done with Audra and I just don't think 20 estabhslunents that lease or rent new or used vehicles but 21 the city has the mfrash'ucture fm this development today 21 that do not meat the definition of car rentals perhaps 22 MR ENOELBRECHT Any other comment? We have a 22 they're like U Ilaul They'll rent trucks or they have more 23 motion to deny If you would vote, please Motion carries 23 than ten cars on the lot We suggest that they be a use 24 4-1 (GOURDIE VOTED NO ) 24 permitted by right m Cmmnercial L~ght Industrial Heavy 25 We'll move on then to Item No 13 which is to 25 Industrial and Planned Development PLANNING AND ZON1NG 5-24-00 ROUGH DRAFT 26 Page 177 - Page 180 ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR A CHANGE FROM ONE-FAMILY DWELLING DISTRICT (SF-10) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 36 67 ACRES LOCATED SOUTH OF AUDRA LANE BETWEEN LOOP 288 AND MAYHILL ROAD IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, PROVDING FOR APPROVAL OF A ZONING PLAN FOR THE DISTRICT, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (ZP-00-004) WHEREAS, on Februaury l, 2000, the City Council adopted Ordinance No 2000-046 which established certain residential interim regulations (the "Residential Intenm Regulations"), WHEREAS, the Residential Interim Regulations established, among other things, a zoning plan reqmrement m the event of a request to rezone property, and WHEREAS, Khne and Company, on behalf of Dr Edward Downs, has submitted a Zoning Plan under the Residential Interim Regulations, a copy of whmh as attached hereto as Exhibit "A", for 36 67 acres of land located south of Audra between Loop 288 and May?nll Road currently zoned One-family Dwelling District (SF-10), with the intent to develop a single-family residential subdlwslon, and WHEREAS, on May 24, 2000, the Planning and Zomng Commission recommended denial cfa Zonmg Plan for such 36 67 acres, and WHEREAS, on June 1, 2000, Khne and Company formally appealed the decision of the Planning and Zomng Comm~smon to the City Council, with the full understanding that a three- fourths vote of the City Council wall be required to approve the Zomng Plan, and WHEREAS, the City Council finds that the Zoning Plan, with the condmons imposed hereto, if any, meets the requirements of the Residential Interim Regulations and as consistent with the approved 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zoning district classification and use designation of the 36 67 acre property flescnbed an the legal description attached hereto and incorporated herein as Exhibit "A" is changed from One-family Dwelling District (SF-10) zoning dlsmct classification and use designation to Planned Development (PD) zoning district classification and use designation and a Zomng Plan for the 36 67 acres as adopted, said Zoning Plan being attached hereto and ~ncorporated herein as Exhibit "B" for all purposes, subject to the following condition 27 1 Offslte traffic ~mprovements, listed ~n the letter attached hereto as Exlublt "C", shall be requared SECTION 2 The City's official zomng map ~s amended to show the change m zomng district classification SECTION 3 Any person wolatmg any prowslon ofth~s ordinance shall, upon conv~ct~on, be fined a sum not exceeding $2,000 00 Each day that a provision ofth~s ordinance is wolated shall constitute a separate and d~stmct offense SECTION 4 Th~s ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the Cxty Secretary ~s hereby directed to cause the caption of flus ordinance to be pubhshed twice m the Denton Record Chromcle, official newspaper of the City of Denton, Texas, w~thln ten (10) days of the date or,ts passage PASSED AND APPROVED tins the day of ,2000 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CIT~ATTORNEY 28 EXHIBIT A LEGAL DESCRIPTION FOR DOWlqS lV~2ADO~; ZONING CASE BEING et] that ~ 1~., ~ or ~tro~l or land mmal~ h ~ ~ ~yd Su~ey, Able No ~4~d Co S~y, A~ No 1469, ~t~ C~ty, T~ ~d ~ ~ ofa ~m 71 5~ a~c ~ ~ by W P M~y to E M Kluck, r~t~ m Voice 274, ~g¢ S~, D~ R~r~ of m~a ~ ~d al~ ~ng ~at ~ ~ r¢~rd~ m Vol~c ~g, Page 9~, ~1 ~o~ Rc~, D~t~ Co~, T~, ~d ~mg m~e ~l~ly totlo~ ~EG~G at m ~ r~ fo~d f~ ~m~ m ~e ~ 1me ofU S Loop H~gh~ N~ 28~, a ~bh~ t~d~y, ~d point md h~ L C, ~t~n ~ r~d~ m Vol~e 24% ~8~ S0, ~ ~s orD~t~ C~, T~ ~ EAST, 14~ J2 f~ ~ ~e so~ hne o~md Stew~ ~ to a f~e com~ m ~e we~ THENC~ ~S 1 703~6 f~t ~ ~d ~a L~e ~ ~ ~ r~ ~ for ~ m ~ ~ a ~11~ ~ENCE S 02' ~ 1~ W. 11~ ~0 f~ ~ smd ~yhxU ~ad to ~ ~ ~ s~ ~ ~, ~d ofdmt ~am ~ of l~d ~vey~ b~ d~ ~ C ~ ~1~ ~d ~1~c ~lmn ~ J C Walla~ ~ge 89, DR~T ~ N 89' S9' 4~ W, 679 ~ f~ ~ ~c no~ line ~d C~I~ ~ m ~ ~ r~ ~ for ~ m ~e ~ ~e of~a P~ Sue ~e~ ~r~d m Vol~e 11T T, Pn~ 436, D~, and m ~d w~ 1me o~ amd M g P & P ~ ~ ~mp~y S~cy, THENCE ~ 00' ~5' 00~ ~. 76 90 ~ w~ ~ ~ ~e ~ ~d ~ ~ ~d ~ ~ld w~ Comfy S~ ~ to an ~ r~ s~ ~r ~m~, ~id point ~mg ~e no~ ~ ot ~d Smel~ ~NCF ~T, ~s ~ 366 2 f~ ~g n~ ~ ~ ~ ~ ofl~ ~nvcy~ ~ wife, M~Helm~oll~dto~he~ ~llondr~d~ m Volume2871, Page933,~l~o~R~,~mn Co~W T~ a to~ d~ of 14~.20 ~t ~d~ ~e n~ line ~d Sm els~ ~a Holl~d ~ to ~ ~on r~ ~und f~ ~ m smd ~t [moored U S ~ T~ ~ 0~' 38' 0~ ~ 5?6 03 ~ ~& sa~ ~ ~e ~U S L~p ~y Numar 288 to 29. · EXHIBIT B EXHIBIT C Engineertng & Transportahon C/tyHall West · 22,1 N Elm · Denton, Texas 76201 (940) 349-8358 · [940) 349-8376 · Metro 434-2529 May 11,2000 Mr Tommy Khne Jr Khne & Company 12311 Mm'brook Dallas, TX 75230 Dear Mr Kl,ne Upon rewew of the Traffic Impact Analys,s for Downs Meadows m Denton Texas, the following offstte traffic Improvem~nts wdl be reqmred These Improvements are m addmon to standard perimeter paving and stdewalk ~mprovements adjacent to the subd~ws~on Audra Lane, Mill off ex~s..tmg pavement, remix subgrade and apply a 2 meh asphal~t overlay £rom the west bound~ ary ofth~ property on Audra Lane to Loop 288 Prior to approving a prehmmary pl~t, we wall need a letter from you concumng with these m~provements $~ncerely, ~/~ Dax td Salmon PE I Engmeenng Admtmstrator C~ty of'Denton ~~tcateff to I~mahty Sennce~ 31 ~-- I tt~tyofilentan ~m Agenda No AGENDA INFORMATION SHEET Agendaltem_ Date /~ -~o- ~o -- AGENDA DATE: June 20, 2000 DEPARTMENT. Planning Department 1~ CM/DCM/ACM: David Hill, 349-83 SIJBJECT - ZP-00-001 (Beaver Creek) Hold a public hearing and consider appromng a Zonm§ Plan for approximately 60 acres at the northwest comer of Stuart Road and Loop 288 The property Is currently zoned Agricultural (A) The intent is to develop a single-family residential subrhvislon The Planning and Zoning Commission recommends approval (5-0),w~th condmons BACKGROUND The apphcant has requested to rezone this 60 32 property to develop 201 single-family lots ranging In size fi.om approximately 8,300 square feet to approximately 5,500 square feet The proposed development will include approximately 10 acres of common open space and sets aside a 2 9 acre parcel for future commercial development ~' The subject property was placed ma, Agncultural (A) zoning district when the property was annexed on August 3, 1999 ~' The Comprehensive plan places this ~property w~thin a Neighborhood Centers district Staff finds the proposed development consistent w~th the Comprehensive Plan (see Attachment 1 - Comprehensive Plan Analysis) ~' Five (5) property owners were notified of the zoning request As of this writing, there has been one (1) response in favor of the request (see Attachment 1 - Enclosure 4) PRIOR ACTION/REVIEW The following is a chronology of ZP-00-001, commonly known as Beaver Creek Application Date - March 3, 2000 DRC Date(s) - March 30, 2000, March 16, 2000 P&Z Date - May 24, 2000 ESTIMATED PROJECT SCHEDULE The property is not platted and would need to be platted prior to development FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district It wll reqmre no short-term pubhc improvements that are the responsibility of the city P&Z RECOMMENDATION The Planning and Zoning Commission recommends approval (5-0) of this zoning request with the following condmon 1 Offsite traffic improvements, hstgd in the Transportation Department~ letter, dated April 20, 2000, shall be required (see Attachment 3 - Exhibit C) OPTIONS 1 Approve as submitted 2 Approve w~th condmons 3 Deny 4 Postpone consideration 5 Table ~tem ATTACHMENTS 1 Planning and Zoning Conumsslon Report, May 24, 2000, ZP-00-001 2 Planning and Zomng Commission minutes from May 24, 20000 3 Drai~ Ordinance Respectfully submitted Director of Planmng and Development Prepared by Planner I ~ ATTACHMENT 1 ~ PLANNING AND ZONING COMMISSIO Date o~- .e,~- QQ STAFF REP( RT Sublect Beaver Creek Zomng Plan Case Number. ZP-00-O01 Staff Thomas B Gray, Planner I Aqenda Date May 24, 2000 Hold a pubhc heanng and consider making a recommendabon to C~ty Council regarding a Zomng Plan for apprommately 60 acres at the northwest corner of Stuart Road and Loop 288 The property ~s currently zoned Agncultuml (A) The ~ntent ~s to develop a tangle-family remdent~al subd~ws~on LO gATION MAP Looat,on Northwest corner of Stuart ROad and Loop 28g Size 60 32 acres ZP O0 Owner and Applicant: Craig Glendenmng Leaping Leopard Ltd P O Box 13761 Add~son, Texas 75001 Th~s development ~s subJect to the reqlmrements and procedures of the ~ntenm development regulabons for residential development (Ordinance No 2000-046) The Zoning Plan ~s the first step m a two-step zomng process required by the ~ntenm regulations No residential development apphcabon shall be approved until a Zomng Plan has been approved for the land descnbed in the application The apploved Zomng Plan shall become a part of the regulations for the residential dmtnct ~n which the property ~s located Zoning Plans shall be processed and dec~ded ~n accordance w~th the procedures governing zomng amendments ~n Section 35-7 of the Code of Ordinances, which outhnes the pubhc heanng process through the Planning and Zomng Commi~mon and City Council The City Council may impose on Zoning Plans such conditions as are necessary to assure that the standards govermng zoning plans and the purpose of these ~ntenm regulations are met After a Zomng Plan for this property has been approved, the apphcant will be required to submit to C~ty Council a Project Plan consistent w~th the approved Zomng Plan before development of the property can begin The developer ~ntends to construct a s~ngle-fam~ly remdent~al subdivision for this 60 32 acre property (see enclosure 1) The property ~s currently zoned Agricultural (see enclosure 2) The development as proposed w~ll contain 201 remdent~al Iotslrang~ng m raze from abut 8,300 square feet to about 5,500 square feet, w~th the average lot s~ze be!ng 6,925 square feet Overall denmty of the proposed development ~s 3 5 umts per gross acre The property w~ll also ~nclude about 10 acres of common open space, which will serve as a landscaped and recreational area as well as prowde stormwater detenbon A 2 9 acre parcel ~s also proposed to be set amde for future commercial development 1999-2020 Denton Comprehensive Plan!Analysis The 1999-2020 Denton Comprehenmve Elan places this property w~th~n a Neighborhood Centers area Neighborhood Centers are ~ntended ~to be ~nward-onented res~denbal d~stncts which focus on the center of the neighborhood These developments should locate the center of the neighborhood w~thln a 5- to 10-m~nute walking d~stancelfrom the edge of the neighborhood The center should contain uses necessary to support the surrounding neighborhood such as serv~ce-onented retail or ZP O0 00! small professional offices Provision of open space, such as central neighborhood "greens" and floodplain preservation, ~s also encouraged ~n Neighborhood Centers Neighborhood Centers can also develop ~n conventional res~denbal patterns Staff finds th~s, proposed rezomng to be consistent w~th the Comprehensive Plan (see Staff Analys~s below) 1 Transportation A Trip generation The proposed resldenbal development would generate approximately 1,916 trips per day ff built out as envisioned ~n the Zoning Plan (see Table 1 ) Table 1 Proposed Trip Generation * Calculations provided by the Institute of Transportation Engineers, 1991 NOTE The applicant has presented Traffic Impact Analys~s (TIA) as part of the required ~nformatlon for a Zomng Plan application Th~s study has demonstrated what impact should be expected from th~s development, as well as what transportabon ~mprovements w~ll be reqmred of this development B Road Capacity Stuart Road ~s ~dent~fled as a local street by the 1998 Denton Moblhty Plan (see Enclosure 3) Th~s street is designed to be a two (2) lane undiv~ded street w~thout parking, providing two (2) lanes of through traffic As such, its designed traffic capacity allows for a tolerable traffic flow of up to 9,100 tnps per day It ~s currently constructed w~th two (2) lanes and has an at-grade intersecbon at Loop 288 It w~ll be d~sconnected from Loop 288, If this development matenal~zes ~n accordance w~th the Denton Mobility Plan There are no traffic counts for Stuart Road north of Loop 288 Long Road ~s ~dentlfled as a collector street by the 1998 Denton Moblhty Plan (see Enclosure 3) Th~s street ~s designed to be a four (4) lane undlwded street without parking, prowdlng four (4) lanes of through traffic As such, ~ts designed traffic capacity allows for a tolerable traffic flow of up to 14,900 trips per day It ~s currently operating w~th two (2) lanes und~vided without parking and is of substandard construction (not paved) The standard street design calls for eleven feet per lane There are no traffic counts for th~s road All traffic from th~s development will feed east to Sherman Drive (FM 428) along Long Road as there ~s no connection to F M 2164 (Locust Street) at th~s bme and the applicant w~li not be required to build out to Locust Street Sherman Dnve ~s Identified as a pnmary major artenal road ZP 00-001 by the 1998 Denton Mob~hty Plan (see Enclosure 3) Th~s read is designed to be a s~x (6)lane d~wded street w~thout parking, providing s~x (6) lanes of through traffic As such, ~ts designed traffic capacity allows for a tolerable traffic flow of up to 27,900 tnps per day It ~s currently constructed with two (2) lanes w~thout parking north of Loop 288 The most recent traffic count for Sherman Drive north of Loop 288 counted 9,352 vehicles ~n one day Th~s ~nd~cates that there ~s adequate capacity to handle the calculated tnps that could be generated by the proposed development C Access Th~s development w~ll have access to Long Road to the north The development ~s also prowd~ng a stub to the west, to connect with future res~denbal development D Pedestrian L~nkages S~dewalks along all pubhc streets are rreqmred 2 Ut,litles A water hne extension w~ll be reequ~red to serve th~s development An ex~stmg 6' samtary sewer line runs alon9 Stuart Road and will serve this development 3 Drainage and Topography New development will be required to design and construct a drainage system to c~ty standards A prehm~nary drainage study will be required w~th the submission of a prehm~nary plat The study must ~nclude calculabons of the 100-year storm for all drainage areas on th~s property and any area that drains towards th~s property The developer must ~nd~cate the method by which the run- off will be carned across the property or stored on the property 4 S,gns As per the s~gn ordinance 5. Off-Street Parking Every home shall have two (2) off-street parking spaces 6 Landscaping Th~s property w~ll have to comply w~th the new Landscape Code, which reequ~res fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area) In addition, the development ~s prowd~ng a common landscaped area, which can be used under the ~ntenm regulations to ~ncrease overall density 7 Open Spa~e and Recreational Areas Th~s resldenbal development w~ll be required to participate ~n the development of pubhc recreabonal areas Through the Park Dedication Ordinance (98-039), th~s development w~ll contnbute to park land dedication and park development fees Dedlcabon reequ~rements are ZP 00 001 required dunng the platting process, the developer ~s propomng to dedicate 4 89 acres In addition, the development has dedicated 10 41 acres as common open space, which can be used under the ~ntenml regulations to ~ncrease overall denmty 8 Lighting No restncbons on remdent~al development 9 Environmental Quahtyimpacts No s~gmflcant impacts are antm~pated August 3, - The subject property was annexed (Ordinance 99-258) and placed in an Agricultural (A) zomng dmtnct and land use classification by Ordinance 99-259 which amended the C~ty of Denton's zomng map (see Enclosure 2) December 7,11999 - Zomng case Z-99-082, which was an apphcat~on to approve a Specific Use Permit for a 428-umt manufactured home park on an 86-acre s~te which ~ncluded most of th~s property, wasldemed by C~ty Council The subject property ~s not platted and woyuld need to be platted prior to any development Notice of the ~omng request was published ~n the Denton Record-Chromcle on May 13, 2000 Five (5) property owners w~th~n two hundred feet were mailed legal notices and forty-three (43) remdents within five hundred feet were sent courtesy notices inform~ng them of the request (see Enclosure 4) As of this writing, there have been no responses No neighborhood meebngs have been held The denmty ~or th~s development ~s 3 5 units per acre, which ~s ~n accordance w~th the density standards and cntena of the ~ntenm development regulations (seen enclosure 5) All of the ~nformat~on required for a~ Zomng Plan has been prowded Th~s development proposes to prowde a central common open/recreational space as well as a future small comm~ro~al/retall center, whmh meets the ~ntent of the Neighborhood Centers concept as described in the 1999-2020 Denton Comprehenmve Plan Because no remdent~al development exists w~th~n 500 feet of th~s proposed development, no compat~b~hty standards or screemng and buffenng are required or proposed Furthermore, no Enwronmentally Senmt~ve Areas (ESAs) are located on this s~te ZP O0 001 7 Staff recommends approval of ZP-00-001 I move to recommend approval of ZP-00-001 1 Recommend approval as submitted 2 Recommend approval with conditions 3 Recommend demal 4 Postpone consideration 5 Table ~tem 1 Zomng Plan 2 Zomng Map 3 Denton MObility Plan Map 4 200'-500' Not~ficabon Map 5 Denmty Calculabon Worksheet ZP O0 001 ENCLOSURE 1 1 MINIMUM LOT AREA SHALL BE 6000 SQUARE FEET AND CONS PRUCTED IN ACCORDANCE I OTY OF DENTON REGULATIONS *"~ 5HALL COMPLY WITH O1Y OF DENTON LANSLAPING DEVELOPER ORDINANCE "--=~ 2' DEVELOPER SHALL PROV1DE A TRAFFIC 'MPA,=T AN/,L'rSiS , ~,,~D, ,, _,..UP... ['ARKL~'ND ,,.r,( ---"~ZZ,~' . ZONING STANDARDS ANG .,-:q DOUNDARt[$ 07 TI, liS PLAT ~ ,40 I DO--¢T'~A? ,~'MA F_,~O,~,I AN A~FA'~ A~F lC -, ~. ·,,'"~,,N, ~E ~-LOPMENT ,-.gg,~ .... DE/=-LOPMFNT //' 11 ALL LOIS SMALL HAV£ WAI'E. hI, WASH'.WATER, AND OFHER UTtLIFY v · IF g,, . A~ ~>rQ'jIpr~ c~v ~'~tF CI'tv Oc rJCNTCN ~UNIGIp),L COD[' &LL UTI,'~r5 CHALI BE LOCATED UNDEC'~C-ROLIND ...--' '~2 "~CCE~"t'~'"t*ICE Or 'rqE DoAINAOE ~'E~,"nJDES *DEN"n'=JF~-.~ ON THE ZON~NC '" PLAN AR" .¢-U~ IFCT 'r¢1 CHANCE DU,'NO TPC Pr~¢l lC('T PLAN, PR6LIMINAPY ~ PROCESS AND OO NOl CONNlllUtE SUBSEOdLNI' PLAI, ON blNAL ADhtTIONAI OATA OR '~TIIDI~c TO FN~JRF OOMP~IANmF ~t CITY OF DFNTON $UBD~YISION ANU I ANI) EEGL&A~C~S, DRAINAG~ D&SION CRI~RIA .~ 13 STREET ~EES, AT ~AST 1 PER 50 LINEAR F~T OF ROADWAY. ~ BE %~'~% PR~OFn Al ONG A~t RTRFFT~ ~4 A ZONING PLAN FOR THE 2 876 ACRE COM~ERC~AL RESER~Z ~LL BE SUBMF'I i~D IN ~F FU~F 15 1O0-~AR FLOODPLAIN AS S~lO~ ON ZONING PLAN PREUMINARY IN NACRE AND SHOW% THL GENERAL EXIENT OF ~E FLOODPLAIN CHANGLS BY CI~ OF DENION IN ACCORDANCE ~O 53ANDARD OCCUR TO TtJC ~OODP~AIN BOUNDARY, ~lC CI~' THE RIOHf TO MOOIFY ~INAL LOT C~HOUPA'qoN LO1S MAY - REMO~D ~OM ~E ZONING PLAN, PRELJMINARY PLAT OR FINAL P~T ~EP~N~,,.. ON ~{L ~3NAL APPROVAL ~ h'L F~OO~P~A,. ~UN.A~, ALL BE CONTAINED IN A DRAINAGE ENCLOSURE 2 Z-00-006 (Beaver Creek) NORTH IA I I I ETJ A I ETJ . ZONING MAP Agenda Date May 24, 2000 Scale' None 11 ENCLOSURE 3 ~ NORTH ZP-00-001 (Beaver Creek Zoning Plan) DENTON MOBILITY PLAN MAP ./~,, Freeways ,,",,, Primary Major Artermls /',,/ Secondary Major Arterials Collectors Agenda Date May 24, 2000 Scale None 12 ENCLOSURE 4 ~ NORTH ZP-00-001 , (Beaver Creek) 200'-500' NOTICE MAP Agenda Date. May 24, 2000 Scale None 13. NOTICE OF PUBLIC HEARING ZP-O0-O01 The Planmng,and Zoning Commission of the C~ty of Denton w~ll hold a pubhc heanng on Wednesday, May 24, 2000, to make a recommendabon to the City Council regarding a Zoning Plan for approximately 60 acres at the northwest corner of Stuart Road and Loop 288 The property ~s currently zoned Agncultural (A) The Intent is to develop a single-family residential subdivis~on The pubhc hearing w~ll start at 6 00 p m in the C~ty Council Chambers of City Hall located at 215 E McKmney Street, Denton, Texas Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would #ke to hear how you feel about this zoning change request end inwtes you to attend the public heanng Please, in order for your opinion to be taken into account, return this form w~th your comments prior to the date of the pubhc heanng (Th/s ~n no way prohibits you from attending and participating in the public heanng ) You may fax it to the number located at the bottom, mail it to the address below, or drop ~t off ~n-person Planning and Development Department 221 N. Elm St Denton, Texas 76201 Attn' Thomas B. Gray, Planner I The zomng process includes two public heanngs designed to provide opportumbes for citizen ~nvolvement and comment Prior to the pubhc heanngs, landowners w~thin two hundred (200) feet of the subJeCt property are nobfied of the zoning request by way of this not~ce The first pubhc heanng ~s held before the Planning and Zoning Commission The Commission ~s ;nformed of the percent of responses mn support and in opposlbon Second, the zomng petition ~s forwarded to the C~ty Counc;I for final action prowdmg the Commission recommends approval Should the Commission recommend dental, the pet~boner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area w~thin two hundred (200) feet of the site submit written oppos~bon, then s~x out of seven votes of the City Council are required to approve the zomng change These forms are used to calculate the percentage of landowner opposltron Please circle one' ~of req. uest~ Neutral to request Opposed to request Phys,ca, ^ddreee of Property w,th,n 200 feet ? ClTY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 ZP oo.ool 200 Notice - 14 ENCLOSURE 5 C,ty of Denton Department of Planmng and Development Density Calculation Worksheet Project Name Beaver Creek Date May 24, 2000 Base Density 57 44 acres x 3 0 umts per acre = 172 3 umts ESA transfers none Open space 8 04 acres needed to achieve mammum density ~ncrease of 10% 10 41 acres provided 3 0 units per acre + 10% ~ncrease = 3 3 umts per acre = 189 6 umts Recreational fac~hbes none shown Design features proposed Street Trees (1 per every 50 linear feet) Fences (masonry, 6' high) Landscaped Features Variety of lot s~zes Proposed H~ke and B~ke Trad Roadway Connectw~ty Density ~ncrease of 0 1 umts per acre ~s awarded for every three design features proposed S~x features proposed = 0 2 umts per acre density ~ncrease 3 3 units per acre + 0 2 umts per acre = 3 5 umts per acre = 201 1 units Density as currently proposed 201 umts / 57 44 acres = 3 50 units/acre note the 2 88 acre commercial area has been excluded from th~s calculabon 15 ATTACHMENT 2 Page 25 Page 27 I the lnt~ran ordamnco that's m place And, no, it's not I second to appro~/s~ w~::~e~uons Any d~scosston' 2 as profitable a use but il that's a buff~ that's 2 O~d~.~ ~n't¥~l~pe~anyo/~wants to sp~k Id 3 approprm~, and I believe ~at it xs ~¢n *at'S why 3 ~V~~ent ~ay ~atl will be, oung 4 ~'~ back h~ 4 aga~ And had I given It mo~ ~ought th~ ~ You know, we'~ COmlag up with a to~l of, ~ last lime, I beh~e I would have ~at conc~s mu inoq 6 what 416 lots lnclMmg single family That's probably 6 is that when I ~lly thought about ~s case ~e last 7 I don't know ff you w~ ~ rake ~e top 20 ac~ that 7 um¢ I don't b~llevc th~ s b~n ~ much ~ought put 8 we had before ~t's probably 25 or 30 p~cent less densl~ 8 rote this oth~ than what's on ~s one p~e of pap~: 9 If that would have b~n mclud~ m the first place So I 9 right he~ what's ~awn out h~ ~en we ask~l 10 ~mk it's appropna~ and that's why I'm h~ I m~n, I 10 things then ~ w~e some extra ~mgs pnn~ on 11 ~mk ~t's a ~ally dlff~nt apphcat~on ~an what we 11 and ~at's a I don't think th~'s b~n any ~t 12 brou~t ~fo~ I ~lnk it's got, you know m fact, a 12 ~ou~lt put ~nto flus I'm not at all convmc~ this 13 f~ of the same ahgnments of st~ts ~at ~ had befo~ 13 going to be an~mg above thc standard ~at w¢ s~ all 14 b~auso w~fla S~a~ Road being clos~ and the only ace.s 14 ov~ T~as oth~ ~an what w¢ ha~ e b~n able to poond oat 15 out Long ~ Sh~an Dave none of o~ ~$1d~nt$ would l ~ on this pl~¢ of paper And I think th~ could hax 16 cv~ have the occasion to &lve on S~afl Road I m~n 16 a lot mom and so I'm not going to vote m favor o{ 17 their only way out, ~r only way to work or to the 17 Ms 18 ~oc~ s~, ~ school as on Long Road 18 MS GOURDIE I would llk~ to quahfy why I 19 And Transpo~tion ~uest~ that we ~mprove 19 put the motmn fo~ard as ~s, one when ~s first 20 foully 4 400 f~t of s~ts from o~ prop~ to Sh~nan 20 us I was qmt¢ mtrlgu~ ~at ~ had a~dy had lll~ 21 Dave And we'd hke ~ ~uest a variance that we don't 21 process happening and we annex~ ~e land and 11 cji Blgcd 22 improve ~e 2 200 hn~l f~t ~at we have absolutely no 22 the whole scenario And I beheve that's kind of an 23 - I m~n, we'~ s~mg fo~s that don't pay ~nton 23 m~stmg leopold right ~ 24 taxes I m~n, ~'ve b~n ~lvlng ~at road for a long, 24 S~ondly I also beheve ~at I'm not a big 2S long tune and o~ ~denB would use only Long Road And 2S fan of manufae~ housing but I do beheve that slncu Page 26 Page 28 I a s a ~ expense and cost ~ us but we'~ wdhng to I ~e ~sla~ d~d g:ve manuthc~ hous:ng a dH l~nt 2 go along wah it 2 pnon~ such as you can make :t a pl~c of ~1 ~tatu 3 MR ENOELBRECHT Thank you Any o~ 3 it's now a p~nanent p~e of th~ land It d~n't go 4 questmns7 TMnk you ~ ~ay, any final s~ff r~narks7 4 w~th you It s~ys on the land and you can sell it as a ~ Co~lsslon~s, do we have any addmonal qu~t~ons or a 5 house I ~mk ~at's a dffi~nt way of looking at il 6 motion7 If anyone's p~ssmg their huron Ms Oo~d~e 6 now that manufac~ homes have come qmte a bit h eta 7 ~ a~ now hghtmg up Okay 7 what we'~ us~ to s~mg wh~ e~one would just p~ck 8 MS ~URDIE I mow to ~o~xend approval of 8 up and rake ~e:r home w~th th~n Most p~ple ar~ 9 Z 99 082 w~th tho following cond~tions ~nt ~ 9 sdhng them as a house ~at's staying on ~c lot And 10 subm~ s~ plan and ~ll ~e no~ and conditions 10 did ~mm ~t to be on a concm~ base We did 11 hs~ h~ on, shall be ~nco~ora~ ln~ ~ ~m~ments 11 garages w~th cov~ front doors We ~m~ :t to makt 12 and ~e eond~tions of ~e sp~fic use p~lt 12 ~t a~lost look hke ~ subd~wsmn, a housing subdivision 13 MR WILLIAMS [ s~ond 13 It ~s on S 000 squa~ f~t and I do know ~at manu{dctu~d 14 MR ENOELBRECHT R'S b~n mov~ and s~ond~ 14 housing has ext~ns~w ~m~n~ats ~at we don't r~]nllU 15 ~ ~ol~end approval w~ the not~ which ac~ally are 15 m smgle-famdy homes 16 paaof~eplan Th~a~on:t But what about the 16 Again I'm not k~n on :t but l do behew 17 did you want to include ~e - 17 that for a manufac~ housing for him to come lo~ard 18 Ms ~URDIE Yes pl~s¢ And ~a will be 18 and bca confo~mg manufae~ housing when he cook[ go 19 mdudmg ~e April 20th ~gm~lng and ~anspo~aon 19 fomard and be non confonmng I beheve ~t ~c 20 1~ which -- do you want me ~ ~d ~n or can we just 20 m~lt m that 21 say flus7 21 MR ENOELBRECHT Any O~ d~scUSSlOn~ VoI~ 22 MR ENOELBRECHT I ~lnk ff you'd JUSt hst 22 plmse Motmn cames 3 2 23 the hst flint was outhn~ 23 (COMMISSIONERS ENOELBRECHT AND RISHEL VO71 24 MS OOURDIE Thank you 24 OPPOSITION ) 25 MR ENOELBRECHT w~ have a moUon and a 25 We'll move on ~en to Agenda I~ No 9 PLATO A~ ZO~G 5-24-00 ROUGH D~ Page 25 - Page 28 16 Condcnsolt m Page 29 Page 31 I which I had read earlier which is a part of was a part 1 have 4 street stub out to the south because that's Loop 288 2 of this original case It's to hold a pubbc hearing and 2 And s~ ho ends up with a density of 3 5 units per 3 consider making a recommendation to City Council regarding 3 wluch~you work the math ~t's 200 he is propos~tl~ 1 4 a zoning plan for 60 acres at the northwest coroer of 4 units ~nd that's 3 5 units per acre 5 Stuart Road and Loop 288 The property is currently zoned 5 Once again we would recolmnend approval with 6 Agncultlxm The intent ~s to develop a single-family 6 the sa~ne traffic nnpact analysis conditions that we 7 residential subdivision At this time, I'll open the 7 reconUnended for thc prewous sup And if there are no 8 public hearing and ask Mr Gray to provide us with the 8 questions I w~ll let the apphcant have a chance to 9 staff report and recoimnendatlon Sir 9 speak / 10 MR GRAy Thank you As you noted, this is 10 I MU bNGELBRECHT COlllmlsslollerS any 11 the 60 acres which am the southero port~on of this tract 11 questi0ns9 Ms Gourd~e do you have a question9 12 The applicant ~s proposing a zoning plan which is required 12 MS C. OURDIL lhank you I do have a question 13 under our mlinm development regulation A zoning plan 13 concerning the lot size ranges froln it says here 8300 14 just for the sake of mferenoe, is the first slip m a 14 squarO feat to about 5 500 square feet How does that 15 two stap zoning process required by the interim 15 corml,~le wah the 6,000 square foot lmmmmn9 Ive always 16 mgulatmns and no residential development application 16 wondered that how that happens 17 shall be approved until a zoning plan has bean approved 17 I MR GI~,AY I would head a copy of the interim 18 fei the land described in the apphcatlon Once the 18 development regulations here and I 19 zoning plan is approved, the applicant will return to City 19 I Ma REICHHART I think the minimums you c ~n go 20 Council with a project plan which is a mom detailed site 20 down }o is 5 000 square foot in the m~rnn I don't have a 21 plan of tho property 21 copy ~{a front of me right now 22 Just to show you the developmeat, if north is 22 MS OOUROIE t gUt. SS what I'm questioning 23 up flus is the 60 acres and the residential area In the 23 though ~s th~s says a mmnnum of 6 000 GO his thing here 24 m~ddle is a recreation detention area and there is also 24 which i~s what I always thought was the gospel I could bc 25 ahnost but not quite three acm out~pmoel for connnerclal 25 wrong[ Page 30 , Page 32 I use right here That out parcel, he would need a sepaiali I I MR REICHHARI A 7orang plan tn the mturtm 2 zoning plan and project plan to develop it so ~t really 2 regulations don't have to state all the lot sizes There 3 ~sn't included m th~s zoning plan other than for thc 3 ~s fle~!thi lty allowed We're focusing mom on on the 4 l,eference that there will be a zoning action on in the 4 density, number of units per acre And with the range 5 futme 5 that's Ibumg proposed, that's one of the design elements, 6 I just wan~t to run through the density 6 that tt~em would be a range I mean, qmte honestly, they 7 calculations The interim development regulations provide 7 coukl all be 6,000 square foot whmh would then increase 8 for mcreesed densiUes w~th the provision of amenities 8 the amount of open space but the denmy would stay the 9 We start with a base density of three units per acre m 9 stone I And the lnturtm regulations focus ruom on density 10 the ~ntenm development regulations He has exactly 54~ 10 than they do on lot size So the fact that the mirumum 11 acres of pioperty That gives his a base deas~ty of 1723 11 lot size ts 6,000 square foot, the next step ~s still a 12 uolts He can get up to ten percent deos~ty merease by 12 projeot plan, which will identify the exact lot size el 13 providing open space He provides 10 4 ecrus of open 13 every I and at City Council, ~f it's -- them ts a lot el 1,~ space ~n th~s case That's good for a ten percent 14 discretion still on the fmal configuration on thc lot 15 increase which bumps h~s density up to 3 3 percent 15 s~s I But the focus, again, ts on the density not 16 And then in his zoning plan, he sugsmts 16 stralgl~t 17 certain design features such as street tn:es, one for 17 I MR SNYDER It says average lot size 18 every linear feet He will have a masonry fence around 18 MR REICHHAP. I oh, thank you Ed just 19 thc development, six feet h~gh He*s going to provide 19 pointed out that for lot size the average lot s~ze is 20 some landscaping He is proposing a variety of lot sizes 20 6,000 square foot I thmk this development exceeds that 21 ranging in s~z~ from, I believe, I think he has a listed on 21 average 22 here but from 5 500 square feet to 8,300 square feet A 22 I Ma GRAY ~he average m this development is 23 h~ke and bike trad will be located within the recreation 23 lust le!s than 7,000 24 area and then he has a street stub out right h~re for 24 ' MS GOURDII Thank you 25 neighborhood connectiwty He of course, obviously can't 25 I MR RFICHHART SO there's a number of PLANNING AND ZONING 5-24-00 ROUGH DRAFT Page 29 - Page 32 17. Condcn~ItTM Page 33 Page 35 I different elements at play with the zoning plan i that I'm heanng because it seems like we may not be 2 MR ENOELBRECHT Mr Williams 2 objective and it's kind of embarrassing to me That's all 3 MR WILLIAMS Yes I would hke to know 3 I have m say 4 where this open land is and what can a be used for 4 MR ENOELBRLCH f Fmc Mr Ch'ay any other 5 MR GRAY I assume you're referring to the open 5 coimnent? 6 space right here? 6 MR GRAY Not at this t~me 7 MR WILLIAMS YeS 7 MR FNGEI BRFCHI okay Is the peUtlon{i or 8 MR GRAY Probably the applicant would be 8 petmoner s representative present9 9 better suited to answer that question because he's more 9 MR OLENDENNING once again my name is Craig 10 famthar with the property 10 Gleadean~ng I'm a purtnc~ ~n Leaping Leopard thc I l MR WILLIAMS Thank you 11 applicant I hve at 5501 Gleneagles Drive ~n Piano Texas 12 MR ENOELBRECHT 1 would like staff to review 12 And I'm here in hopes of obtaining zoning for a 13 that lsstle, how some over, that Ms Oourdle raised We just 13 single famdy residences Th~s plan as pres{ii~xl was 14 passed one before, it said minimum lot area shall be 6,000 14 we'd worked on It before tho interim ordinance came into 15 square feet And how you can have that standard and then 15 effect and probably shouldn't have come m with so much 16 have thase nm:abers below that I'm not sure I'd like that 16 detad because we this is not a final plan We laid it 17 answered before we close this one off But once again, m 17 out to make sure that a would work I'm happy to answer 18 my opinion, that points out sort of the rough-shod nature of 18 any questions 19 this whole thing Any other questions for Mr Gray? 19 Mn ENOF[naFCm okay Mr Rlshel 20 MR ReICmlART I d like to address that 20 MI{ RISHFI IS this a Phase I Phase II type 21 though Having a rmmmmn lot size is an indicator sm~ply 21 el sauatlon we're going to hayer 22 what th~ smallest lot will be I mean, we can also add on 22 Ma Gl ENDENNING AS far as lots are 23 the plan what the average lot s~ze would be indicating 23 concerned? 24 that ~l the smallest lot is 6,000 square feet and thc 24 MR RISl4EL NO, as far as the manufactured 25 range is from 8 400 to 6 000, that in itself implies that 25 home the resMentlal lots Page 34 Page 36 I the average will be met In fact, it will exceed the I MR OLENDENNING well sir these ate 2 mlnunum 6,000 square foot average that's reqmred again in 2 standing both on their both two feet 3 the plan And the in.nm regulations, agmn, don't 3 MR RlS~[ I understand 4 identify se 7 standards hke we're used to that your 4 MR OLENDENNING i'rankly, I don't think I've 5 sizes are going to be 7,000 square foot, 5,000 square 5 got a real good chance of having my manufactured hmne 6 foot 6 couunumty approved I mean I hope that's not the case 7 MR ENGELBRECHT I think what the point is is 7 I think *t's an appropriate uso But across the streel we 8 that on one end it said lots will be a minnnmn of 5 000 8 have homes that would be similar to the hmnes that we have 9 acres andthen there's a lot size table that says they'll be 9 planned fm this We ve got a school right across the 10 5 000 10 street And I think ~t s approprmte use for a l I MR RISHEL square foot 11 single famdy entry level homes 12 MR ENGELBRECHT Yeah It's 6 000 square feat 12 MR RISHnL Il you got both of th{in approved 13 MS GOURDIE 43 Of th{in 13 which one of these two phases would you start most 14 MR IENOELBRECHT And then we'll have some at 14 qmckly? 15 5 500 SO - ! 5 MR OLENDENNING They would both start 16 MR RISHEL There ought to be a mmunum 16 munedlatcly We've had this property for a few ycars now 17 MR ENGELBRECHT there's some 17 t~y~ng to get a planned and zoned Our financing ~s m 18 inconsistency that's got to be resolved somewhere It 18 place We've got users for the single family homes some 19 just says that they wlll be 5,500 square feat 19 goodbmlders And youknow ~f we got lt approved 20 MR GRAY It might just be a discrepancy in 20 fllrough Councd we'd start as soon as we could go through 2 l the - 21 the final development finished developmeat plan 22 MR ENOELBRECHT Yeah, we'll ask the 22 MR RISHEL okay I heard you mention that 23 petmoner Mr Wdhams do you have anoth{i question? 23 you were from Plane Texas How many subthwslons hkc 24 MR WILLIAMS Yeah Point of privilege I'm 24 tlus wl~re you abut manufactured homes w~th smaller 25 sitting here kind of embarrassed at some of the language 25 ms~denual lots have you done in the Plane Texas area? PLANNING AND ZONING 5-24-00 ROUGH DRAFT Page 33 - Page 36 18 Condcns~ItTM Page 37 Page 39 I MR GLENDENNING I've never done one that I MR GLENDENNINO It's my belief and corl~ect 2 abutted it This ts a unique ptece of property It 2 mc if Pin wrong, staff ~s that at this point it was 3 adjoms a manufactured home community We thought tt 3 ~napplopltate because we had so,ne of those ~ssues that we 4 would be appropriate for ~t There's a great need for tt 4 had spoke of mcluthng on th~s apphcatlon but I think '~ We do have a buffer of a 75-foot easement for the 5 that s at final platting 6 extension of Long Road, as well as a roughly 100-foot 6 M}t aPIcuu^R* ~f I can address that 7 electrical transmtssxon line that goes across and we've 7 MR ENOELBRECHT Please 8 got two masonry fences on both sides of that So that's a 8 MR REICIIHART The requirement of a zua~ng 9 pretty good -- spreadmg a pretty good buffer, I beheve, 9 plan to ~ncrease your density would be to say I'm gems to 10 as well as a retatl/co~m,aerctal area that would be well 10 do Ilu'ee design elements I'm going to do six design 11 over half of it 11 elemeats whatever a would be You don t have to 12 MR RISHEL Thank you 12 identify which of the three or six that you have to do 13 MR GLENDENNING Yes, sir 13 But to say I'm gems to do those three and that wdl give 14 MR ENGELBRECHT Mr Wllhams 14 me a certain percentage increase I'm going to do any 15 MR WILLIAMS Yes Could you explam to me t 5 three to g~ve me a certain percentage ~ncrease to get my 16 where the open land ts gomg to be9 It looks hke a gully 16 dens~tyto31umtspmacre 33 whatever Atthe 17 to me 17 project plan ~q where you've ~deat~hed I mean quac 18 MR GLENDENNING NO, sir, lt*s actually a 18 honestly this ~s a hybrid ahnost a project plan but not 19 really untque deal there That was an old pond that was 19 qmte The zoning plan would be to say I m go~ng to 20 - the beavers had eaten a hole through the clm~a and we 20 dethcate ceough open space to get a ten percent increase 21 went out and spent almost $50,000 00 to clean out and 21 and there's gems to be elmnents ~n there that would allow 22 reshape There's a spnug that runs through there And 22 us to use that for recreaUonal purposes and I m going to 23 we've sttll got the hole m the dam until we finish 23 do thre~ design elemeats And that will g~ve me a densay 24 reshaptug and get our butldmg permtt, god wtlhng, from 24 of 3 5 units per acre 25 the C~ty of Denton But we plan to have that be roughly ~ 25 Then when the project plan comes in you'll Page 38 Page 40 I two and a half acm pond w~th about 75 to 100 feet of 1 have to pomt exactly Here's the open space Remember 2 biking h~kdng plcmckmg fishing area areund it for the 2 when 1 said I was gntng to do ten acres of open spacer 3 res~deats And ~f the City of Denton would like to take u 3 Well, there it is The three design elements ar{, street 4 in as a park, we'd be happy to donate it But m our 4 trees, a brick wall around the pcrtm{,ter paving, and on{, 5 meetings with staff, I think they'd rather the 5 el the other ones And City Council will revt¢.w that and 6 recolmnendatlon at that point was to mmnta~n this as an 6 say, okay, you've met the three design criteria that you 7 amemty for those residents 7 said you've, don{. ~o this ~s a httle bit of a hybrid 8 MR WILLIAMS ~'hank you 8 between a proje{,t plan and a zomng plan, what yom'r{, 9 MR GLENDENNING Yes, 81r Crystal clear 9 seeing on the paper But what we're reviewing IS really 10 water from the spring 10 lust the zomng aspects of ~t J l MR ENCJELBRECHT Yeah, I mnember you 11 MR GLENDENNING And I've tried to show a 12 thscussmg that the last time when you were hare Any 12 little blt about how 1 would accomphsh that 13 other qumt~ons* I know you were here earlier when we 13 MR lc NGELBRECHT okay Any other questions9 14 were discussing new ordinances that am being written and 14 2hank you 15 one of the issues that's been a concern, which Is what's 15 MR GLENDENNING Thank you, sir 16 brought nsc to that, Is design standards and sort of s~te 16 MR ENGELBRECI IT Is there anyone present who 17 standards And I know we have a case coming lair 17 would hke to speak in laver of this petiBon9 Anyone 18 tonight 7,000 square foot lots where they've put some 18 present to speak tn favor of the petition9 In that case, 19 ~ssuas on there One of thom ~s one condition that they 19 anyone present to speak ~n opposition to th{, p{,tltton9 20 put on ~s 75 percent masonry Anothm one Is that there 20 Anyone present to speak in opposition? Seeing no 21 be some variation of setback and I don't remmnber exactly 21 opposmon, the rebuttal period is waived Thc public 22 what ~t Is and that only a certain proportion of the 22 hearmg is {,losed Mr Gray, any final remarks? 23 garages face tho street And I didn't see any of those 23 MR GRAY NO final remarks other than stall 24 sorts of standards on yours and I wondered if you wore 24 re{,ommends approval with the addttton of the traffic 25 going to talk about any of that 25 elements PLANNING AND ZONING 5-24-00 ROUGH DP. APT Page 37 - Page 40 19 Condenaelt m Page 41 Page 43 1 MR ENOELBRECHT MS Gourdle 1 MR RIgHEL ZP O0 001 2 MS GOURDIE All right I guess because th~s 2 MR ENUJELBRECHT It's over another page 3 ts all new, tt's hke coming here on my first day I was 3 Yeah go over one moro page Carl 4 I'm not understanding I thought the stetting point 4 Ma wn [tAMS Thank you I move to recommend 5 was an sr l0 average and then you dtd all these amemly 5 approval of zp oo 001 wah the condmons wttb the street 6 thmgs to get your deostty down 'to where you wanted ~t to 6 that was attached 7 be 7 MR ItlSHFI second 8 MR REICHHART correct 8 MR ENC~ELBRECHT It'S bean moved and seconded 9 MS GOURDIE All right I guess I don't 9 to reconnnend approval with condmons Any dtscuss~on on 10 understand where the sF l0 started at to get tt down to an 10 tile monon9 Mr R~shel 11 average of 6925 or 3 5 per acm I guess that's what I m 11 Me msum Yes l wall be voting m favor 12 confused about 12 el tlus because I think tt does meet what I constdcr to be ] 3 MR REICHHART If you I think Ws the 13 affordable housing ~n our cormnunay whmh I would hke to 14 very last page, Enclosure 5 of the staff report, would 14 encourage And as I think of alfordable housing i think 15 tdentffy that a httla bit moro The base density, agam 15 of something flint increases tn value as people hold that 16 you start at three umts per acre and that equals 16 ptece of properly And so I hope that this is a 17 approximately a 10,000 square foot lot development That 17 subdlwsion that does tend to grow in value to the people 18 would gtvu this development 172 units Now, when you add 18 that move into that I think that's what we've 19 in the open space and tile adthtional destgn features 19 htstolmally seen I know our City is going to make sure 20 and even on the back they've identified the stx they are 20 that the roadq meet thc standards and the crt~ria that we 21 proposing to do And at thts phase they don't even have 21 have set forth 22 to do that, just l'm going to do s~x destgn elements 22 I think that the new gmdehnes that we am m 23 That gives thtan a total denstty of approximately 3 5 units 23 the process of trying to develop and bnng on hne am a 24 per acre, 201 umts 24 hale bit confu'dng to ourselves and to our citizenry 25 Now to get 201 umts on that site you 25 but I do think we am headed in the right direction wab Page 42 Page 44 I phys~cally can't do It with 10,000 square toot lots So I trying to develop some smaller lots and make them 2 you have to tdentffy the interim rugs ~dentffy a 2 c~rtamly in appropriate areas I think that th~s is an 3 mmtmura lot stze that you can go down to But even one of 3 ideal buffer between tile highway area and other th~ngs 4 the destgn elements is a variety of lot s~zes that they're 4 that are ~n tbat parttcular thing so I don t have any 5 proposing So tt's a lot different then what we've done in 5 problem at all m recotmnendmg thts to Ctly Council and 6 the past and tt's a lot moro confusing But the zoning 6 t~ymg to make. affordable housing in this area work And 7 plan ~s specifically just supposed 'to set the use of the 7 we'll go from there 8 properly and the density that you're going to have coming 8 MR ENOELBRECHT Any otla.n d~scuss~on? Okay 9 out of that properly 9 In that case tile morton is to approve wtth condatons 10 MS OOURDIe All right 10 recolmnend approval w~th condltmns Vote pleast. Mouon l i MR REICHHART The project plan will then 11 passes 5 0 12 nail down all these specific design elaments What s the 12 Coiramssloners do you want to take ten m~nutos 13 SlX foot wall gumg to look like that you satd you were 13 or do you want to move to the next case9 Tnne out 14 gmngtebmld90kay, that's a masonry wall Itlooks 14 someone's asklng for tune Okay Let's take ten mlnutes 15 great Whatarothestroettroes? Okay you'rogumgto 15 (Broaktaken) 16 do one every 50 foot So, Imean, agets asyouget 16 MR ENCiELBRECHT okay Atthlst~me I11 17 farther into the project, you're supposed to get moro 17 reconvene the Conumss~on We'll move onto Agenda Item 18 detaded and that's what this does now 18 No 10 which ~s to hold a pubhc heattng and cons~dm 19 MS OOURDIE ~rhank you 19 making a mconunendat~on to the City Councd regarding a 20 MR ENOELBRECHT Any other questmns for 20 detailed plan for Kwik Kar Wash/Dry Clean Super Center m 21 staff9 Thank you, Mr Gray Any conunents or a mo'non? 21 Planned Development 5 Th~s ~s a I 19 acre propm'ty 22 MR WILLIAMS I move to recolmnund let me 22 located at the southeast corner of the intersection of 23 read the nmnbor 23 Bonnie Brae and University Drive The proposal ~s 24 MR ENGELBRECHI' Page 6, there's also a 24 cotmne~cml At th~s tnne I'll open the pubbc hearing 25 recommended motion 25 and ask Ms Vlera to prowdo us with the staff report PLANNING AND ZONING 5-24-00 ROUGH DRAFT 2 0 Page 41 - Page 44 ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 603 ACRES LOCATED AT THE NORTHWEST CORNER OF STUART ROAD AND LOOP 2§$ IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, PROVIDING FOR APPROVAL OF A ZONING PLAN FOR THE DISTRICT, PROVIDING FOR A PENALTY 1N THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (ZP-00-001) WHEREAS, on March 2, 2000, the Ctty Council adopted Ordinance No 2000-046 which established certmn resldentml ~ntenm regulations (the "Residential Interim Regulations"), WHEREAS, the Res~denttal Interim Regulattons estabhshed, among other things, a zomng plan requirement m the event of a request to rezone property, and WHEREAS, Leaping Leopard, Ltd, has submitted a Zoning Plan under the Remdenttal Interim Regulations, a copy of which is attached hereto as Exlublt "A", for 60 32 acres of land located at the northwest comer of Smart Road and Loop 288 currently zoned Agricultural (A), w~th the intent to develop a tangle-family res~denttal subdivision, and WHEREAS, on May 24, 2000, the Planmng and Zoning Commission recommended approval of a Zomng Plan for such 60 32 acres, and WHEREAS, the C~ty Council finds that the Zomng Plan, w~th the conditions ~mposed herein, if any, meets the reqmrements of the Resldenttal Interim Regulations and is consistent with the approved 1999-2020 Denton Comprehenmve Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zoning district classfficat~on and use deslgnatton of the 60 32 acre property described in the legal description attached hereto and incorporated herren as Extub~t "A" ~s changed from Agricultural (A) zomng &strict classfficatlon and use designation to Planned Development (PD) zoning d~stnct classlficatton and use designation and a Zomng Plan for the 60,32 acres ~s adopted, smd Zomng Plan being attached hereto and ~ncorporated herein as Exhibit "B" for all purposes, subject to the following cond~tton 1 Offs~te traffic ~mprovements, listed ~n the letter attached hereto as Exlub~t "C", shall be required SECTION 2 The City's official zoning map ~s amended to show the change ~n zomng dmtnct classlficatton 21 SECTION 3 Any person vlolatmg any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this or&nanc¢ is violated shall constitute a separate and distinct offense SECTION 4 This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, official newspaper of the City of Denton, Texas, wlttun ten (10) days of the date of its passage PASSED AND APPROVED this the day of ,2000 EULINEBROCK, MAYOR ATTEST JENNWERWALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PKOUTY, CITY A,~TORNEY 22. EXHIBIT A PROPOSED BEAVER CREEK HOUSING COMMUNITY SINGLE FAMILY HOUSING (PARCEL 1) 58.288 ACRE PARCEL DENTON, TEXAS COMMENCING AT A ~" IRON PIN SET AT THE SOUTHWEST CORNER OF A 100 00 ACRE TRACT, SAID PIN BEING THE NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO RAYZOR OIL AND GAS, LTD, RECORDED IN VOLUME 4181, PAGE 730, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, SAID PIN ALSO BEING ON THE EAST LINE OF A TRACT DESCRIBED IN A DEED TO $ B HAISLER, ET UX, RECORDED IN VOLUME 316, PAGE 69, DEED RECORDS, DENTON COUNTY, TEXAS, AND THE TRUE POINT OF BEGINNING OF THIS PARCEL, THENCE, NORTH 00o06'00" WEST A DISTANCE OF 1835 08 FEET WITH THE WEST LINE OF SAID 58 288 ACRE PARCEL AND THE EAST LINE OF SAID HAISLER TRACT TO THE NORTHWEST CORNER OF THIS PARCEL, THENCE, SOUTH 89°30'47" EAST A DISTANCE OF 675 59 FEET WITH THE NORTH LINE OF SAID 58 288 ACRE PARCEL, THENCE, SOUTH 01°05'34" EAST A DISTANCE OF 100 84 FEET WITH THE NORTH LINE OF SAID 58 288 ACRE PARCEL, THENCE, SOUTH 82°40'53" EAST A DISTANCE OF 59 92 FEET WITH THE NORTH LINE OF SAID 58 288 ACRE PARCEL, THENCE, 430 73 FEET WITH THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 718 97 FEET, AN INTERIOR ANGLE OF 34°19'32", AND A CHORD BEARING SOUTH 61°53'58" EAST A DISTANCE OF 424 32 FEET WITH THE NORTH LINE OF SAID 58 288 ACRE PARCEL, THENCE, NORTH 00°1 I'17" EAST A DISTANCE OF 208 61 FEET WITH THE NORTH LINE OF SAID 58 288 ACRE PARCEL, THENCE, SOUTH 89o30'47" EAST A DISTANCE OF 340 02 FEET WITH THE NORTH LINE OF SAID 58 288 ACRE PARCEL TO THE NORTHEAST CORNER OF THIS PARCEL, THENCE, SOUTH 00°11'17" EAST A DISTANCE OF 1167 47 FEET WITH THE EAST LINE OF SAID 58 288 ACRE PARCEL, THENCE, SOUTH 00031'38" WEST A DISTANCE OF 549 63 FEET WITH THE EAST LINE OF SAID 58 288 ACRE PARCEL TO THE SOUTHEAST CORNER OF THIS PARCEL, THENCE, SOUTH 89°37'00" WEST A DISTANCE OF 1446 15 FEET WITH THE SOUTH LINE OF SAID 58 288 ACRE PARCEL TO THE SOUTHWEST CORNER OF THIS PARCEL, AND THE POINT OF BEGINNING, CONTAINING 58 288 ACRES OR 2,539,012 SQUARE FEET NOT A FIELD SURVEY INFORMATION EXTRACTED FROM OFFICE RECORDS PREPARED BY KISTENMACHER ENGINEERING COMPANY, INC 1420 GERONIMO DRIVE, SUITE A2 EL PASO, TEXAS 79925 (915) 778-4476 (915) 778-4504 (FAX) 23. EXHIBIT B 24. 1 MINIMUM LOT AREA SHALL BE $~oo SQUARE FEET 2 ALL $11;~EE'T$ SHALL BE PUBLIC AND CONS,,rRUCTED IN ACCORDANCE ~TH OTY OF' DENTON REGULATIONS DEVI:LOPEH 5HALL COMPLY MTH O]y OF DENTON LANSL.~PINf,, ORDWANCE DE'vlLLOPMEN'r ~,.,UNDAR,,..~ 07 ,Il,Is I1 ALL LOIS SHALL HAVE WAD-H. WAST~WAT~.p, ANG, ort-.IER UTtLtFY ',,',., ~.IPA, COOL' PLAI, OR t-INAL I.~LA) PROC'ESS AND DO NOl CONSF}IUfE SUBSEQuENr APr'~TIONAI DAtA OR %TI)t')*~c ~¢') FN~'tJ~F f'C)¥P~IANC'F V~Tt"i CITY OF DF~FON SuBD~V~,ON ANb lAN[) REGU_ATIC,~S, DRAINAGF D[$IGN CRIT~RIA ANr~ OCJMD~FWFNC~i\/-F KAA~T~ J')~AINAGF ~1 AN ' 13 STREET TREES, AT LEAST 1 PER 50 LINEAR FEET OF ROADWAY, V~ BE PRAvIr~F~ Al CNG A~ t ~T~F'FT'R ,4- A ZONtNC PLAN FOR THE 2 876 ACRE CCM~ERC,AL RESERVE '~LL BE SLJE)MI'i I~-I] IN TNF FUTdRF I.5 1O2-YEAR FLOODPLAIN AS S~IO'A"N 0~'., ZON,',~ PLAN IS PRELIMINARy IN NATURE AND SHOW TH[. GENERAL EXTENT OF THE FLOODPLAIN CHANGES BY CITY, OF ()ENTON IN ACCORDANCE TO S~ANDARD ENGINEERING PRACTICES AND SL~BDIV'SIONS REGULATIONS IF CHANGES ,..,EN , ,.~,, RE.Sf RVE'S ,0 - MAY NEED DE RA'MOVE:D F'ROM THE: ZONING PLAN, PRELIMINARY PLAT OR FINAL PLAT ~ ~lE CONTAINF..O IN A DRAINAGE t-ASEMENT k-- EXHIBIT C Eng~neenng Transportation April 20, 2000 Mr Craig Glendenmng Post Oak Development PO Box 614 Add,son, TX 75001 Dear Mr Glendenmng We have completed our revtew of the traffic tmpact analysis for Beaver Creek tn Denton Texas Based on the revtew, the followmg offstte traffic tmprovements will be reqmred 1 Sherman Drive and Long Road Intersectton 30% funding of a traffic s~gnal mstallatton, eastbound right turn lane, and northbound left turn lane 2 Long Road Reconstruct Long Road from Stuart Road to Sherman Drive to 24 feet ~v~de wtth curb and gutter on one s~de (Long Road will ultimately be a 45 foot wtde secnon) Construct the extenston of Long Road through the development as a 45-foot ~de collector street wath curb and gutter on both sides Construcuon will include removing the extstmg jog m Long road 3 Stuart Road Construct a cul de sac bulb at the south end of the property The TIA d~d not specify a specffie methodology or software that was used to conduct the capacity analyses nor was any reference made to levels of service for the study areas In addmon, there was no growth rate apphed to the background traffic to account for a phased bmld out Wtthout the aforementioned details, we had to make some assumptions m our review If you are not m agreement with the findings of our rev~e~x, more detailed mformaUon will have to be submated for our considerat~on S~ncerely, ~ ..~?' . Da~ td Salmon PE Engmeenng Admtmstrator Ctt~ of Denton 26. 'Dedtcated to Quahty ..cervtce AGENDA INFORMATION SHEET AgendaN~ Agendaltam AGENDA DATE: June 20, 2000 DEPARTMENT: Planning Depa~ti~ent CM/DCM/ACM: David Hill, 349-8314 SUBJECT - Z-00-006 Beaver Creek SUP Hold a public hearing and consider a Specific Use Permit (SUP) for approximately 40 acres m an Agricultural (A) zoning chstnct The property is located west of Stuart Road north of Loop 288 The intent Is to develop a 206-1ot manufactured home community The Planning and Zomng Comm~ssion recommends approval (3-2) w~th condmons (Z-00-006) BACKGROUND The applicant has requested approval of a Specific Use Permit (SUP) property to develop a 206- unit manufactured home park (MHP) (see Attachment 1 - Enclosure 1) ~ The subject property was placed in a Agricultural (A) zomng district when the property was annexed on August 3, 1999 ~ In order for a specific use permit (SUP) to be approved, seven (7) specific criteria must be satisfied (see Attachment 1 - Specific Use Permit Process) Staff finds this SUP appheatmn to be in compliance w~th such entena (see Attachment 1 - Staff's Analysis) P The 1999-2020 Denton Comprehensive Plan places th~s property w~thln a Neighborhood Centers chstnct Staff finds the proposed development consistent with the Comprehensive Plan (see Attachment 1 - Comprehensive Plan Analysis) P Because the apphcatmn is for resident~al development wltlun an Agricultural (A) zoning ~hstnet~ this appllcaUon is exempt from the Interim Residential Development Regulataons (Ordinance 2000-046) ~ Five (5) property owners were not~fied of the zomng request One (1) response m favor has been received (see Attachment 1 - Enclosure 3) PRIOR ACTION/REVIEW The following is a chronology of Z-00-006 commonly known as Beaver Creek SUP Apphcatmn Date - March 22, 2000 DRC Date(s) - March 30, 2000 P&Z Date - May 24, 2000 & May 10, 2000 ESTIMATED PROJECT SCHEDULE The proporty is not platted and would need to be platted prior to development FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district It will reqmre no short-term pubhc improvements that are the responsibility of the city P&Z RECOMMENDATION The Planning and Zoning Commission recommends approval (3-2, Rashel and Englebrecht opposed) of this Specific Use Permit wtth the following conditions 1 That the submitted site plan and all notes and conditions listed thereon, shall be incorporated into the requirements and conditions of the Specific Use Permit 2 Offslte traffic improvements, listed in the Transportation Department letter, dated April 20, 2000, shall be required (see Attachment 3 - Exhibit C) OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item ATTACHMENTS 1 Planmng and Zomng Commission Report, May 24, 2000 (Z-00-006) 2 Planmng and Zoning Commission n~nutes from May 24, 2000 3 Draft Ordinance Respectfully submltted~ DoUglas ~ P~well, AI~2P Director of Planning and Development Prepared by Thomas B Gray Planner I ATTACHMENT 1 PLANNING AND ZONING COMMISSION STAFF REPORT Date Sub,ect Beaver Creek SUP Case Number Z-00-006 Staff Thomas B Gray, Planner I Aaenda Date May 24, 2000 Continue a public heanng and consider making a recommendation to C~ty Council concermng a specific use permit (SUP) for a manufactured home park (MHP) on approximately 40 acres The rote ~s ~n an Agncultuml (A) zoning dlstnct It ~s located apprommately e~ghteen hundred feet north of Loop 288 on the west side of Stuart Road ~ ,a ~ /i /// LOCATION MAP Locatlo. apprommately e~ghteen hundred feet no~h of Loop 288 on the west s~de of Stuad Road S~ze 39 885 acres Z O0 006 Staff Rel~t doc Owner and Applicant' Craig Glendenmng Leaping Leopard, Ltd 5501 Gleneagles Dnve Piano, Texas 75093 The applicant is proposing a manufactured home park with two hundred s~x (206) dwelling un~ts or stands (see Enclosure 1) The property is currently undeveloped and was recently annexed into the city It Is located north of Loop 288 and Is surrounded by undeveloped land to the West, South and East Thero are no ex~stmg s~ngle-fam~ly subd~ws~ons north of Loop 288 ~n this area, but the Southfork Mobile Home Park ~s located ~mmedlately north of the subject property and ~s just outside the c~ty hm~ts (see Enclosure 3) This project Is not subject to the requirements and procedures of the ~ntenm development regulabons (Ordinance 2000-046) There are seven (7) criteria that a proposed land use must satisfy in order to receive a specific use permit according to Chapter 35 of the Code of Ordinances According to Secbon 35-112 of the C~ty of Denton Code of Ordinances, a Specific Use Permit shall be ~ssued only ~f all of the following seven (7) condlbons have been found 1 That the specific use w~ll be compatible w~th and not ~njunous to the use and enJoyment of other property nor significantly d~m~nlsh or ~mpa~r property values w~th~n the ~mmed~ate v~cm~ty, 2 That the estabhshment of the specific use w~ll not ~mpede the normal and orderly development and improvement of surrounding vacant property, 3 That adequate utlhbes, access roads, drainage and other necessary supporting fac~ht~es have been or w~ll be prowded, 4 That the design, location and arrangement of all driveways and parking spaces prowdes for the safe and convement movement of vehicular and pedestrian traffic w~thout adversely affecting the general pubhc or adjacent developments, 5 That adequate nuisance prevention measures have been or w~ll be taken to prevent or control offensive odor, fumes, dust, noise and v~brabon, 6 That d~rect~onal hghbng w~ll be provided so as not to disturb or adversely affect ne~ghbonng properbes, and 7 That there ~s sufficient landscaping and screening to ensure harmony and compabblhty w~th the Z O0 006 Staff P, el×)rt dog adjacent property The Commission may recommend cond~bons to the C~ty Councd to protect the pubhc ~nterest and welfare of the commumty, ~nclud~ng a t~me penod for which a specific use permit ~s vahd A specific use ~perm~t can be revoked or modified, after nobce to the property owner and a hearing before City Councd, if ~t ~s obtained or extended using fraudulent or deceptwe mformat~on or if one or more of the cond~bons ~mposed has not been met or ~s v~olated Th~s authority provides the C~ty of Denton the abd~ty to ensure that any land use allowed by a specific use permit wdl operate ~n a continuous fashion consistent w~th the ~ntent of the permit In 1974, the U S Congress adopted the National Manufactured Housing Construction and Safety Act to promote the, safety, construcbon and durab~hty of manufactured homes Pursuant to the enabling authority by the Federal Act, the Texas Legislature passed the Texas Manufactured Housing Standards Act Th~s legislation d~fferent~ates between "mobde homes" and "manufactured homes" It defines a "mobde home" as "a structure constructed before June 15, 1976, transportable "Texas law d~st~ngu~shes these eady budt "mobde homes" from "manufactured homes" by defining HUD-code manufactured homes as "a structure constructed on or after June 15, 1976, according to the rules of the U S Department of Housing and Urban Development (HUD), transportable "The d~stlnct~on ~s ~mportant because Texas law authonzes a mun~clpahty to prohibit "mobile homes" from being located or moved into ~ts city hmlts, but not manufactured homes Cities can not forb~d manufactured homes altogether Manufactured home parks and recreational vehicle parks located w~th~n Denton's c~ty hm~ts are regulated by Chapter 32 of the Code of Ordinances If a specific use permit is Issued for a manufactured home park (MHP), the next step in the development process ~s for the developer to apply for a permit (A plat must also be approved prior to any development ) The budding official ~s assigned the authority by the Code of Ordinances to coordinate the rewew and approval of all apphcat~ons for manufactured home parks (and recreational vehicle parks) permits Section 32-41 Issuance When upon rewew of the apphcat~on, the budding official ~s satisfied that the proposed plans meet the requirements of th~s chapter and other apphcable ordinances and after four (4) complete sets of plans have been returned reflecting all changes requested by any c~ty official, a permit requlrsd under th~s admle shall be ~ssued Operator's of MHP's and RVP's must apply for and receive an annual hcense Prior to the ~ssuance of a hcense, the Budding Inspections Department must conduct an ~nspect~on of a park to ensure that ~t ~s ,n comphance w~th the prows~ons of Chapter 32 of the Code of Ordinances If it ~s not, a park is provided an opportumty to correct the deficiencies Fadure by any park to comply results ~n the d~scont~nuance of operations L~censlng of parks began ~n 1985 with the adoption of Ordinance 84-65 All parks within the hm~ts of the c~ty that were legally operetlng prior to May 22, 1984 have been allowed to continue to operate Z O0 006 S~aff Relx)rt doc 5 as nonconforming parks after applying for and rece~wng a park I~cense There were fifteen (15) ex~sbng parks ~n 1985, ~ncludmg one (1) recreabonal vehicle park (see Table 1) According to ~nformat~on collected ~n 1999, of those fourteen (14) MHP's, thirteen remain operational, wh~le two (2) have ceased to operate No I~censes have been ~ssued for new manufactured home parks s~nce 1985, as no specific use permits have been approved for MHP's dunng the past fifteen (15) years Table I Existing MHP's and RVP's from 1985 to 1999 within Crty of Denton Manufactured Home Park # of Stands Address 1985 1999 1 Center Point 2212 Fort Worth Drwe 174 169 2 Clayton Estates 5301 E McK~nney Street 635 627 3 Country V~ew 2800 Fort Worth Dnve 76 77 4 De~ton West 3900 Teasley Lane 307 307 5 Denton Northeast 5505 F~shtrap Road 9* 32 6 Gaston 2913 Fladger 25 25 7 Hdlcrest 2500 Fort Worth Drive 62 62 8 Lakewood Estates 3939 Teasley Lane 410 410 9 Mayhill Road Village 1401 S Mayh~ll Road 30 0 10 Inman 116 Inman Street 19' 22 11 Pecan Creek 2601 S Mayh~ll Road 225 225 12 Post Oak 109 Massey Street 55 106 13 Sherwood 3750 Pockrus Page Road 114' 113 14 Tr~angla 3354 Teasley Lane 21 11 ~ta~?~b.~r..~f.~M~ ~f~t.~[e~H~ o~s i~ MH P's 2~!6~ 2,~86 * F~gure represents the number of stalls in 1989 as th~s MHP d~d not apply for a I~cense until 1989 even though ~t existed prior to May 22, 1984 (Ord 84-65) 1999-2020 Denton Comprehensive Plan places th~s property w~th~n a Neighborhood Centers area Neighborhood Centers are intended to be ~nward-onented resldenbal d~stncts which focus on the center of the neighborhood These developments should locate the center of the neighborhood w~th~n a 5- to 10-m~nute walking d~stance from the edge of the neighborhood The center should contain uses necessary to support the surrounding neighborhood such as service-oriented retad or small professional offices Prows~on of open space, such as central neighborhood "greens" and floodplain preservabon, ~s also encouraged ~n Neighborhood Centers Neighborhood Centers can also develop ~n convenbonal residential patterns Staff finds this proposed rezon~ng to be consistent w~th the Comprehensive Plan (see Staff Analys~s below) Z 00 006 Staff I'~el~od doc Transportation A Tnp generation The proposed development would generate approximately 991 tnps per day if built out with 206 manufactured home units (see Table 2) Table 2 Potential Trip Generation prowded by the Institute of Transpotlatlon Engineers, 1997 NOTE The applicant ~s has conducted a Traffic Impact Analys~s (TIA) as part of the approval process for the preliminary plat Thru study demonstrates what ~mpact should be expected from th~s development as well as what transportation improvements w~ll be reequ~red of this development B Road Capamty Stuart Road ~s ~denbfled as a local street by the 1998 Denton Mob~hty Plan (see Enclosure 3) Th~s street Is designed to be a two (2) lane und~wded street w~thout parking, providing two (2) lanes of through traffic As such, ~ts designed traffic capacity allows for a tolerable traffic flow of up to 9,100 trips per day It ~s currently constructed w~th two (2) lanes and has an at-grade intersecbon at Loop 288 It w~ll be dmconnected from Loop 288, ~f th~s development matenahzes ~n accordance with the Denton Mob~hty Plan There are no traffic counts for Stuart Road north of Loop 288 Long Road ~s idenbfied as a collector street by the 1998 Denton Mob~hty Plan (see Enclosure 3) Th~s street ~s designed to be a four (4) lane undivided street w~thout parking, providing four (4) lanes of through traffic As such, ~ts demgned traffic capacity allows for a tolerable traffic flow of up to 14,900 tnps per day It m currently operating w~th two (2) lanes und~wded w~thout parking and ~s of substandard construcbon (not paved) The standard street design calls for eleven feet per lane There are no traffic counts for th~s road All traffic from th~s development w~ll feed east to Sherman Drive (FM 428) along Long Road as there ~s no connecbon to F M 2164 (Locust Street) at th~s t~me and the apphcant w~ll not be reequ~red to,build out to Locust Street Sherman Dnve ~s ~dent~fied as a pnmary major artenal read by the 1998 Denton Moblhty Plan (see Enclosure 3) This read ~s demgned to be a mx (6)lane d~wded street w~thout parking, providing s~x (6) lanes of through traffic As such, ~ts designed traffic capacity allows for a tolerable traffic flow of up to 27,900 tnps per day It ~s currently constructed w~th two (2) lanes w~thout parking north of Loop 288 The most recent traffic count for Sherman Dnve north of Loop 288 counted 9,352 vehicles in one day Th~s ~nd~cates that there is adequate capacity to, handle the calculated tnps that could be generated by the proposed development C Access No individual manufactured home lot would be permitted to have direct access onto the future collector street runmng through the subject property or Stuart Road (north-to-south) The proposed MHP would take access onto the future collector as shown on the s~te plan (see Enclosure 1) Internal (private) streets would have to be constructed to prowde internal c~mulat~on w~th~n the manufactured home park D Pedestrian L~nkages S~dewalks along all public streets are required 2 Utilitms This development will have to extend water and samtary sewer hnes 3 Drmnage and Topography New development will be required to design and construct a drainage system to c~ty standards A prehm~nary drainage study will be required w~th the submission of a prehm~nary plat The study must ~nclude calculabons of the 100-year storm for all drainage areas on th~s property and any area that drains towards th~s property The developer must ~nd~cate the method by which the run- off will be carried across the property or stored on the property 4 Signs As per the sign ordinance 5 Off-Street Parking Every manufactured home stand shall have two (2) off-street parking spaces, recreational vehicle stands shall have one (1) In addition, any office and other facility must provide off-street parking ~n accordance w~th the regulations of Chapter 35 (35-301) of the Code of Ordinances 6 Landscaping Th~s property w~ll have to comply w~th the new Landscape Code, which reqmres fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area) 7 Open Space and Recreat,onal Areas The proposed development must prowde pnvate recreational areas for ~ts residents Secbon 32- 85 of Chapter 32 of the Code of Ordinances requires at least one (1) recreational area that will meet the antm~pated needs of the clientele of the park and ~s not less than e~ght percent (8%) of the gross park area Th~s reqmrement ~s above and beyond the development's obhgat~on to participate ~n the development of pubhc recreational areas ~n accordance w~th the Park Dedication Ordinance (98-039) It will still contribute to park land ded~cabon and park development fees Ded~cabon requirements are reqmred during the platting process Pubhc park development fees are required pnor to the ~ssuance of building permits The development ~s prepos~ng 5 59 acres as open and recreabonal space, which ~s roughly 14% Z O0 006 Staff Report doc of the total rote 8 Lighting L~ghtlng ~s controlled and rewewed dunng the perm~tbng of a manufactured home park Specifically, Secbon 32-83 of Chapter 32 of the Code of Ordinances reequ~res adequate hght~ng for a manufactured home park or recreational vehicle park ~n a manner approved by the d~rector of pubhc ubht~es August 3, 1999 - The subject property was annexed (Ord 99-258) and placed ~n an Agncultural (A) zomng dmtnct and land use class~flcabon by Ordinance 99-259 which amended the City of Denton's zomng map (see Enclosure 2) December 7, 1999 - Zoning case Z-99-082, which was an apphcahon to approve a Specific Use Permit for a 428-unit manufactured home park on an 86 acre s~te which ~ncluded th~s property, was demed by C~ty Council The subject property is not platted and would need to be platted prior to any development Notice of the zoning request was published in the Denton Record-Chromcle on April 20, 2000 One (1) property owner w~th~n two hundred feet (the applmant) was mmled a legal nobce, no other property owners are within c~ty hmlts are w~thln 200 feet of thru site Four (4) residents within five hundred feet were sent a courtesy not~ce mform~ng h~m/her of the request (see Enclosure 3) As of th~s wnt~ng, there has been one (1) response In favor of the SUP request No neighborhood meeting has been held Staff's analysm ~nd~cates that th~s specific use permit apphcat~on meets all seven (7) cntena of Section 35-112 of Chapter 35 of the Code of Ordinances The request for a manufactured home park at this Iocabon ~s compabble w~th the surrounding area It will provide adequate pubhc faclhtles It ~ncrease safe vehicular and pedestnan traffic by ~mprov~ng road conditions along Stuart Road and by clomng off the ,Stuart Road at-grade ~ntersect~on w~th Loop 288 Screemng around the penmeter of the park w~ll enhance the appearance along Loop 288 ~n much the same manner that a s~ngle-fam~ly subd~ws~on would w~th the added assurance of annual inspections The park w~ll ensure that there ~s adequate hght~ng for ~ts chentele as approved by the Director of pubhc ut~hbes The conditions proposed by the Planmng and Zoning Comm~smon for the pervious SUP apphcat~on for a manufactured home park on th~s rote (Z-99-082) have been ~ncluded on the proposed s~te plan Z O0 006 Staff I,~el~)lt doc Staff recommends approval of Z-00-006, subject to the following condit~on 1 That the submitted s~te plan, and all notes and cond~bons listed thereon, shall be incorporated ~nto the requirements and cond~bons of the Specific Use Permit I move to recommend approval of Z-O0-O06, with the following conditions 1 That the submitted s~te plan, and all notes and conditions hsted thereon, shall be incorporated into the reqmrements and conditions of the Specific Use Permit 1 Recommend approval as submitted 2 Recommend approval w~th conditions 3 Recommend demal 4 Postpone consideration 5 Table ~tem 1 Beaver Creek Manufactured Home Park (MHP) S~te Plan 2 Zoning Map 3 Denton Mob~hty Plan Map 4 200'-500' Notification Map 5 Draft Ordinance Z O0 006 Staff P.e[',ori doc 10. ENCLOSURE 1 -- l_ O~ER~ISE ORDINANCE LOCA'ED b',DER~DuN~ A M~N~UJ~ 0r ~OUR~E~ ~Ee~ S-~ ~E CONS~UCIF~ AND M~INTAtNED A P~RM~FNT ~ST TO FORM ALL OR PA~T ROAD~A~ =/~ST ?U GREATk A ~AFFIC HA/ARI~ GARAGES IF CCNS~UC~ ~iALL, DOOR e DE ARCH TEC~RA~Y COmPATIbLE iMANNER AND 5H~ BE ~[LT 12. ENCLOSURE 2 ~ NORTH Z-00-006 (Beaver Creek SUP) IA I I ETJ t SITE I ETJ mm ~ ~/ ZONING MAP Agenda Date May 10, 2000 Scale None 13 ENCLOSURE 3 ~ NORTH Z-00-006 (Beaver Creek SUP) DENTON MOBILITY PLAN MAP Freeways Primary Major Arterials Secondary Major Arterials Collectors Agenda Date May 10, 2000 Scale None 14. ENCLOSURE 4 ~ NORTH Z-00-006 (Beaver Creek SUP) II ~ SITE ~ Limit of 200' Notification 200'-500' NOTICE MAP 200' Legal Notices sent vta Certified Ma~l 1 500' Courtesy Notices sent wa 1st Class Ma~l 4 Number of responses to 200' Legal Not~ce · Opposed · In Favor 1 · Neutral Percent of land w~th~n 200' ~n opposmon 0% 15 NOTICE OF PUBLIC HEARIN6 Z-O0-O06 The Planning and Zoning Commission of the C~ty of Denton w~ll hold a public hearing on Wednesday, <<PandZDate>>, to consider making a recommendation to the City Council regarding a Specific Use Permit (SUP) for approximately 40 acres in an Agricultural (A) zoning district The property is located west of Stuart Road north of Loop 288 The Intent ls to develop a 212-1ot manufactured home park The public heanng will start at 6 00 p m in the C~ty Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w~thm two hundred (200) feet of the subject property, the Planning and Zoning Commission would lika to hear how you feel about this zoning change request and Invites you to attend the publtc heanng 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 (Thts in no way prohibits you from attending and partlctpattng in the public heanng ) You may fax it to the number located at the bottom, mall it to the address below, or drop it off in-person Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn. Thomas B. Gray The zoning process includes two public hearings designed to pmwde opportunities for c~t~zen Involvement and comment Prior to the pubhc hearings, landowners within two hundred (200) feet of the subject property ars nobfied of the zoning request by way of this notice The first public heanng ~s held before the Planning and Zoning Commission The Commission is informed of the percent of responses in support and in opposition Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area w~thin two hundred (200) feet of the site submit written opposition, then s~x out of seven votes of the City Council are requ~rsd to approve the zoning change These forms are used to calculate the percentage of landowner opposition o/"'~"'~-~m~v°r °f reque: Please circle one. Neutral to request Opposed to request City, State Zip f~. I I~t ~'~ ~ Telephone Number ~ "7 ~, ---,~ ~ - ~,, (~ ~ ~ Physical Address of Property w,thln 200 feet ~' ~{ :~' c'~]Fd CITY OF DENTON, TEXAS C~TY HALL WEST · DENTON, TEXAS 76201 . 940 349 8350 · (F) 940 349 7707 Z O0 006 200' Notice 16. ATTACHMENT 2 Page 3 I MR ENOELBRECHT okay At this time, I will i proposing right now ls that they're going to go to all the 2 reconvene the moetmg We will move onto our public hearmg 2 ehmmnte the duplexes and go to 5 000 square foot lots 3 section this evening And before [ read the first one I 3 along Pomse~la That was presented last mght But the 4 would like to review our procedure for public hearing with 4 applicant has requested continuance to om' June 14th 5 those of you are tn atlendance And m a moment we'll have 5 meeting to be able to prepare those elevations 6 the or.head and they'll be on the screen to your left, I 6 Mn FNOELBRF~CHT wNch would be our next 7 hope There we go I think that's got It good Thank you 7 regularly scheduled meeting correct? 8 First off, I'll open the pubhc hearing 8 MR REICHHART correct 9 Following that, the staff will read the pctmon, give its 9 MR FNOELBRPCH3 okay Colmmssloners do we 10 repel-i, and provide staff reconunendation At that time 10 have a inotion to that effect9 11 No 3 the petitioner will be grant$llff~ minutes 11 MR P. ISHEL I d like to make a motion I d 12 Following that, speake~..itinl-- -- ~"~'!~oX}t ~the petition will 12 hk¢ to move to continue Z-99 068 to the June 14th 2000 13 be granted a nw~ii$.um[~l~.30Xl{'qlnutes~tlth a maxlmmn of five 13 P&Z meeting 14 llllnutes mg ~ndlvlduals in 14 MS GOURDII~ sgcond 15 support, w~l~oglbI~ 5 which is speakers m 15 MR eNOeLnuECUT It's been moved and seconded 16 opposaton ~ be granted a max~mmn of 45 minutes w~th 16 to continue th~s to our next regularly scheduled meeting 17 the maxlmmn of five minutes per speaker If there ~s 17 Any thscussmn~ 18 opposition, the petiUoner will be granted ten minutes for 18 MS OOURDW I Just want to say I m glad 19 rebuttal At that nme, the Chmr will close the public 19 y all are worMng a out It's race to see progress 20 hearing We'll ask staff for final remarks and conslder 20 MR LNOELBRLCHr Thankyou Anyother 21 the case 21 colmnentV Vote, please Motion carries 5 0 22 Some notes The five minute time limit for 22 We'll move on then to Agenda Itean No 8 23 individual speakers can be modified upon consent of the 23 wNch m to continue a public hearing and consider making 24 Colmnlsslon If an'anged in advance of the meeting We 24 a recommendation to Cl~y Courted regarthng a specific use 25 would ask each speaker to concern hnn or herself with 25 permit for a manufactured home park on approximately 40 Page 2 Page 4 I presenung new information not given by previous speakers I acres located approxanately I 800 feet hOlM1 of Loop 288 2 And tho Conumsslon may ask questions of anyone or call on 2 on the west s~de of Stuart Road The proper~ is 3 the staff at any time and adjomn to closed session as 3 currently zoned Agrlcultoxal The mteot IS to develop a 4 allowed by law And finally we would ask those in the 4 manufactured home park 5 chambers to refrain from any extraneous remarks or other 5 And I would also at tins time like to read 6 demonstrations 6 Agenda I~n No 9 because I think there may be a 7 And having smd that, we w~nove to Agenda 7 question with regard to this one and that one No 9 8 Item No 7 which Is to cont~t~fl~c hearing to 8 reads hold a public h~rmg and consider making a 9 consider--~-, t~xx x~ ~ making a reco~on~on testy Council regarding 9 recolmneadation to City Council regarthng a ~'onu;g plan for 10 the detallecl~t~r~lar~}a~ D~eloplh?mlt 90 The 20 acre 10 60 acres ,it the northwest corner of Smart Road and Loop 11 site ,S gen~l~X,lko~::,v~lstr"l~f Sherman Drlvo, south of 11 288 Tile property ,s currently zoned Agriculture Tile 12 Loop 288, at~u0ti'of the proposed Polnsetoa Boulevard 12 intent is to develop a single-family residential 13 The proposal is for duplexes and single family 13 subdlwslon 14 development And INs was a continuation I believe Mu 14 Go back to Agenda Item No 8 At th~s time 15 Relchhart has some mfommtlon with regard to this case 15 wc will th~s was a continuation We'll open the public 16 There s a desire to conUnue 1t7 16 heanng and dsk Mr erray for staff report S~r 17 MR REICHHART Yes At tile April 26th 17 Mn ol~.Y Thank you Mr Chmnnan As we 18 meeting thoro were a nmnber of issues that came up 18 notal tlas ~s the first of a two part essentmlly a 19 regarding past nmghborhood meaimgs architectural 19 two part rezonmg on the same property roughly in a 20 elements nnd the hke Last night we had a neighborhood 20 100 acre s~te here at thc northwest corner of Loop 288 and 21 meeting Apprommately five or SlX people atlonded the 21 Stuart Road On this map I have highlighted the roughly 22 meeting along with the applicant and myself Prior to 22 40 acres winch is file subject of INs particular zoning 23 that the applicant did request additional mae to develop 23 case which ~s the maoufactured home park Previously as 24 some architectural elevations of the proposed units 24 you m~ght rmnember from last fall about 80 acres on th~s 25 they re going to bo bmldlng The one change they are 25 sxte was the subJeCt of a specific use permit for a PLANNING AND ZONING 5-24-00 ROUGH DRAFT Page 1 - Page 4 17. Cond~nseltTM Page 5 Page 7 I manufactured home park That was the Council has 1 ordinances and be pioperly licensed w~th~n the conunumty 2 already rite Conumsslon, as I remember recotmncnded 2 And we chose thc second option and applied for a specml usc 3 approval but the Council denied it Thc applicant has 3 pemut 4 modified the plans for the site He has reduced the total 4 Last fall you were kind enough to approve our 5 area of thc manufactured home site from 80 acres to 40 5 plan for 432 lots Th~s left a 15 acre, belween 15 and 6 acres He added m about 20 acres on thc southern part of 6 20 acre conunerclal plot along 288 to bc zoned later In the 7 lus property just abutting Loop 288 and has submitted a 7 meantime tlu'ough working with your capable staff we 8 zomng plan for a single fatnily residence, residential 8 mahzed that Stuart Road was to b~ closed and our plans for 9 subdivision on the 60-acre site to the south 9 a cormncrclal along 288 would be rendered useless 1 coine to 10 I guess I'll start by just briefly outlining 10 you temght with a plan that's been carefully considered and 11 the sul' process Thespeclficuseperlmt, ofcourse 11 altered dozens of ames We'voagreedtobmldhalfofLong 12 allows addiaonal uses above and beyond what is allowed by 12 Road whmh would I believe at that point would be 13 right in a given zoning district These are seven 13 completed by Denton schools for thc other half We've 14 criteria according to our ordinance that need to be ^ret if 14 changed the request to single family zomng along Loop 288 15 an sue is to be approved and these are listed in your 15 And the total lots including the manufactured home stands 16 backup Staff feels that those seven criteria have been 16 have been reduced and I know we're just looking at the 17 inet by the sup application Th~s sue application, of 17 sue now but on the entire s~te we're lrom 432 lots dnwn to 18 comse is very simdar to what tlns Co~mmsslon 18 416 lots w~th less than three acres m local retail on tbe 19 i'ccmm'aended for approval last fall Basically, other than 19 site 20 the smaller s~zo of the area covered by the sue all of 20 The manulacmred home sup ~s adjacent to an 21 the list of recommendataons that this Comamssion made 21 existing manufactured home cominunay That's the Southfork 22 during that last sue heanng has been incorporated into 22 coimnumty and that s along the northern boundary W~th a 23 the sit^ plan for the sue And, m fact I believe one of 23 [ leeti~c transtmss~on hne and the future extension of Long 24 our condltaons of approval is that the site plan and all 24 Road to be an adda~onal buffer between the single lamlly 25 the notes on the site plan be written m as part of the 25 and this manufaclured home colm'numty We agreed to all the Page 6 Page 8 1 sue ^nd if there are no questions I could probably 1 conditions that we spoke about in length last fall 2 defer to the applicant 2 ~ncludtng sidewalks on both sides of the street We ve 3 MR ENOELBRECHT Colnmlssmners any questions 3 rewsed our plan to ~nclude masonry on all -- masonry fences 4 at th~s time? 4 on all public frontage streets 5 MR allAY and this is the site plan for tho 5 In smmnary we behove th~s plan ~s 6 40 acres 6 appropriate ^od comphes wah all th,~ Commission s goals 7 MR ENOELBRECHT All right There does^ t 7 regarding zoning the Cay of Denton It's truly a spot 8 appear to be any questions at this t~me Thank you Is 8 lor in the City plan for 2000 I think it said a place 9 petmoner or petmoner's representative present'~ If you 9 lot all people wah all types of housing And I 10 would give us your name and business address for the 10 appreciate your consideration I'll be happy to answer 11 record } 1 any quesuons 12 MR OLENDENNINO By name is Craig 12 MR [ NOELBRFCHT COlllllllSSlonors any 13 Olendennmg 1 live at 5501 Gleneagles Drive Piano 13 qnestlons9 Tbere appears to be none at th~s t~me Thank 14 Texas And I'm a partner m Leap}ns Leopard, L~mlted the 14 you 15 applicant Ladies and gentlemen of the Plannmg and Zoning 15 MR OUaNr~a~r~IScl Thank you 16 (.~OlllllllSslon, thank you for hearing our request In early 16 MR LNOELBRECHT [S thtJre anyone present who 17 sm~uner of'99 wereccnvedappreval from Denton County for a 17 would hke to speak ~n favoroftluspetalon? Anyone 18 511 lot manufactured home community We received an 18 present to speak in favor of the pet^^on? In that case 19 approved development plat, prod the necessary fees, and 19 ~s there anyone present to speak in opposition to the 20 recmved a braiding po^mt and began construction In late 20 petulon? Anyone present to speak in opposalon to the 21 sram^er, we were annexed by the City of Denton We felt we 21 petition I qee~ng no opposition the rebuttal period is 22 had two choices One was to continue the construct^on 22 waived The public hearing is closed Mr Gray any 23 process and be non conforming as I believe all manufactured 23 comments ~ 24 home c0mmunales or trader parks, as they're called in 24 MR c,v.~v sene other than the fact that staff 25 Denton are today Or comply with the Planning and Zoning 25 rectum^ends approval w~tb the following condition that PLANNING AND ZONING 5-24-00 ROUGH DRAFT Page 5 - Page 18 CondenseItTM Page 9 Page ! 1 I the submitted stte plan and all notes and conditions I extension of Long Road through the development as a 45 toot 2 listed thereon shall be incorporated into the requirements 2 wide collector sm:ct wxth curb and gutler on both sides 3 and conditions of the specific use permtt 3 Construction will include rmnovmg the existing jog m Long 4 MR ENGELBRECHT MS Gourdm 4 Road And then for Stuart Road, construct the cul de sac 5 MS GOURDIE DO we have a list of those 5 bulb at the south end of the property 6 condttmns9 6 MS GOURDIF Y all am aware of that? Okay 7 MR ENGELBRECHT sure 7 Thank you 8 MS GOURDIE Are you talking about the ones 8 m FNGELBRECHT Mr Moreno 9 onpage2'~ 9 MR MORENO yeah I just want to make surc 10 MR GRAY The ones on page 10 10 The only access to this area is going to be from Long 11 MS GOURDIE okay 11 Road ~s that correct? 12 MR GRAY And this was just -- and I'll put 12 MR OI~AY At this point In tune correct 13 than up here 13 Long Road goes out to Sherman and feeds into Stuart In 14 MS GOURD1E 1 can't read it Okay 14 the future Long Road the applicant ~s proposing to bring 15 MR GRAY Yeah It dldn*t copy very well 15 Long Road across the property and in the futm~ a future 16 because I copied off of the blueprint which ts the site 16 developer would then bring ~t all thc way over to Locust 17 plan I could go through and read them but, basmally, 17 Ma MORE~O connect tt over to Locust Stlx~l9 18 they're just -- 18 Mr{ or{AY uh huh 19 MS GOURDIE IJust wanted to make sure this 19 Mr{ MORFNO what kind of a mad ns Long Road 20 ls what we had talked about I have a faint recollection 20 now7 Is ~t two lane four lane, or what's 21 ofthlsmeetmgandlremember that they were trymg to 21 Mr{ ar{AY Long Road now right nowll'sa 22 really make it -- I think their colmnent was, we want to 22 two lane road but it's not really of ~ts construction 23 make this the incest looking development this place has 23 ~s not up to standard It's re. ally more of a gravel road 24 ever seen, was what I think they said 24 than ~t ~s a it docs not lneet our subthwslon 25 MR GRAY Right I belteve -- I went through 25 specifications Page 10 Page 12 I the old stJe application and went through the minutes and I 1 MR MORENO that's going m have to be 2 compared them with these notes that am on the s~te plan 2 brought up to standards9 3 and they appear to be slmdar 3 Mr{ O~V uh huh 4 MS GOURDIE okay Thank you 4 MR MORENO ltOW much ~s 30 percent of a 5 MR ENGELBRECHT Did you want to make a 5 traffic signal m dollarsP 6 cormneat? 6 MR Gl}AY [ d have to deter that question to 7 MR REICHHART wel~ you going to add the 7 Mr Sahnon 8 transportatmn? 8 MR SALMON A tl'afflc signal m a location hkc 9 Ma GRAY That's another let's see if I 9 th~s at Sherman and Long Road which ~s a T ~ntersect~on ~s 10 have~tbere Iwas thank you for remmdmg me 10 probably about a $70 000 00 ur $80 000 00 slgnal so 11 Another condition, and we will probably also add this to 11 one third of that 12 the zoning plan but another condmon that I believe our 12 Mu MORENO I heard Mr Glendennmg cough 13 Transportation staff would like us to add deals with the 13 when you said that mmthm All right Thank you 14 reqmred improvements Required transportation ~mprovmnents 14 MR ENGELBRECHT Mr Williams 15 as called for under the traffic r{npact analysis And I'll 15 MR WILLIAMS Yeah IS Long Road die street 16 go through and read these but these am thc reqmmncnts - 16 that goes down to Twin Lakes? 17 the proposed lmpmvemeats that thc applicant would provide 17 Mr{ ENGELBRFCHT NO, that's Smart 18 both for the sup and for the zoning plan which we'll discuss 18 MR C,R~y I m not certmn 19 shortly 19 MR WILLIAMS okay 20 But, number one, Sherman Drive and Long Road 20 MR FNGELBRECHT [ beheve that s Stoart 21 intersection 30 percent funding of a traffic signal 21 Road corccct? 22 ~nstallation east-bound right turn lane, north-bound left 22 MR Wit LIAMS I m trying to picture this 23 turn land Number two, along Long Road reconstruction of 23 because i go out Loop 288 every morning and I'm trying to 24 Long Road from Stuart Road to Sherman Drive to 24 feet 24 p~cture whine Long Road is 25 wide with curb and gutter on one side Construct the 25 Mn ESOeLUr{F~CH~ well you can't you won t PLANNING AND ZONING 5-24-00 ROUGH DRAFT 19 Page 9 - Page 12 CondcnseltTM Page 13 Page 15 see much there now There's not a great deal to be seen 1 Road to 407'~ I can't read that 2 that goes across there I don't know ~f they have they 2 MR SALMON It's 428 3 have an aerial 3 MS (,OURDib 428 And that's the only way 4 MR ORAY Here's an aerial if th~s helps 4 they're going to get in and out of here? 5 Long Road would be this I don't know if you can see it 5 MR SALMON For the tune being Our 6 very well, but Long Road would be this line right here 6 Thoroughfare Plan shows Long Road eventually extending all 7 MR WILLIAMS okay 7 the way over to Locust North Locust Street 8 MR OR,ny It has this httle 45 degreejog 8 MS GOURDIE that could be what five years 9 right m front of the subject property 9 ten years ~ 10 MR WILLIAMS okay 10 MR SALMON a depends on ff the property 11 MR ENOELBRECHT I don't recall is a some 11 develops or whether we get c~v funding to do that But 12 light asphalt on there or is it just gravel'~ 12 yeah W s probably a ways off 13 MR GRAY Yeah there's some gravelly 13 MS (JOURDIb Is the property as you head 14 asphalt 14 east a that all agricultural that Long Road is on ~ Is 15 MR ENGELBRECHT okay Mostly gravel It's 15 that all buth out or ~s that 16 bean awhile 16 MR SALMON well the property to the south 17 MR WILLIAMS Thank you 17 of Long Road ~s mainly owned by the school d~tnct and 18 MR C~RAY The applicant says Ifs calleehe 18 then the property north of Long Road ~s currently of 19 MR ENCJELBRECHT Yeah, It'S not much at this 19 course it's not ~nslde the City hm~ts and ~t's 20 point Mr Rlshel 20 agncultm'al I mean, It's not developed 21 MR RISHEL This may be a questmn for Mr 21 MS GOURDIE SO what are we really creating 22 Sahnon, I don't know I'm not sure I'm following are we 22 here9 I guess now my eyes have been opened qmte aba oa 23 encouraging that all the traffic from the existing 23 the roads We're not really adequately releasing traffic 24 subdivision that s north of that and the new development 24 out of neighborhoods I really don't feel we are I think 25 would all that traffic move out on Long Road to Sherman 25 we re depending too much on certain mtorseeUons to leed Page 14 Page 16 and none of it's going to be coming off of Stuart onto the I everything Ate we creating that situation here? 2 Loop Is that correct? 2 MR SALMON well I think that for the tane 3 MR SALMON That's correct Our ulUmate 3 being you're gmng to have one way m and out but you 4 plans for Loop 288 is that it would have ne direct access 4 know I think ~n the long term, you're going to have to 5 You m~ght have read in the paper recently that we've 5 Long Road ~s going to be a collector street first of all 6 closed the median and that's .lUSt our first step in making 6 45 lent wi& which allows for four lanes of traffic two in 7 Loop 288 a controlled access freeway 7 each d~rect~on So a's a pretty good size road and you're 8 MR RISHEL I Ve had several people e~ther 8 going to be able to gift on Long Road and go mtlm' east or 9 co~mnent on that or pat me on the back or some other form 9 west and get on either Locust Stre~ or Sherman DAve 10 of that Is the part of Stuart Road that would go from 10 MS oouamln well, let me give you a what il 11 Long Road north, is that a road that meets our standards 11 Would that be consistent with what Wind River ~s over tn 12 now9 12 the south side el town~ 13 MR SALMON NO 13 MR SALMON well Wind River DAve is 14 MR R[SHEL And the developer ~s planning on 14 actually only 41 lent wide which ~s a httle b~t narrow 15 nnprovmg that along his section is that correct? 15 lor lout through lanes This would actually be four lent 16 MR SALMON well that's what our ordinance 16 wider and would provide fmtr full lanes of trafhc 17 requires I have a feeling that the applicant may be 17 MS OOURDm 13ut you still only really have 18 applying for a vallance of that reqmremeat when he gets 18 one way m or one way out ~ 19 ~urther along Into the platung stage but that hasn't 19 MR SALMON For the time being right It 20 happeaed yet 20 would be s~mdar to the way the ultimately ~t will be 21 MR RISHEL okay Thankyou 21 hkeWmdRlverlsnow Imean where you can get out ol 22 MR ENOELBRECHT MS Oourd~e 22 Wind R~ver at either end The only thffecenea being ~s 23 MS OOURDIE Thank you I actually have 23 instead of coming out on a one way service road I mean 24 another qoestmn I'm sorry Mr Sahnon You get to talk 24 you can get out at e~thm end and both streets are 25 tonight So whea everyone leaves here, they go out Long 25 two way PLANNINO AND ZONING 5-24-00 ROUGH DRAFr 20 Page 13 - Page 16 CondenscltTM Page 17 Page 19 I MS OOURDIE well, I guess my concern is that I of each subdtwslon 2 you've got a 138 acre development I'o development that s 2 MS OOURDIE I Was JUSt kind of wondering ~f 3 ustug that road, and then you also have the however many 3 that road should be b~gger than 45 feet If it should be 4 acres Wind River is using that road also, which ~anptles 4 a real road with a lnedtan since it seerns as though it s 5 Into fadtug intersections It's just and I hate to 5 gmng to be a thoroughfare so to speak across from 6 see us make the same m~stako that we made on developing 6 Locusl m I can't read that I'm just saying I think 7 that side of town when here we've got all this land that 7 we need to just think about the capacay of the road 8 we could do It correctly and make sure that these 8 It's going to be a major road It's going to be a Ldllan 9 neighbors aren't going to be complaining five years down 9 Miller plus, and I think we really need to th~nk about 10 the road saying, we can't get in and out of our homes now 10 that size of the road And that's just my personal 11 And I jttst don't want to see anything like that happemng 11 opinion froin sccnng what's happening So I just was 12 here 12 curious Thank you 13 MR SALMON well, thls doesn't preclude other 13 MR ENGELBRECHT Mr Rlsha] 14 developments that surround this to build additional roads 14 MR RISHEL i had an opportunity to attend 15 m and out of the area I mean, this is just the 15 the school board meeting Tuesday night and hslen to some 16 collector street 16 ot tbe schools present their packages and plans on how 17 MS 13OURDIE I Just don t want to start now 17 they're going to improve thmr schools and their 18 saying well we'll fix it down the road whea tho next guy 18 educatmnal process It was very enlightening to talk 19 crones in and, says well you know we're okay w~th what's 19 about and hear the discussion particularly regarding the 20 happening, untd die last guy comes in and all of a sudden 20 mobility ot our society and our school district m 21 we've got traffic problems So I'm just trying to 2 [ particular 22 allewate a probl~n that could happen 22 We had several schools tbat we're c~ted as not 23 MR SALMON Again, what we're trying to do is 23 pm forming up to some standards that we d like to see 24 chromate direct access ~ Loop 288 because, as you know 24 occur And all ot them tended to be schools that had 25 we re trying to move the truck route off of Highway 380 25 heavy impacts from mobile home cm~m~umtles or manufactured Page 18 Page 20 1 onto Loop 288 And that's part of the reason why we've I home courmunlaes because people tend to come into the 2 started to move the way we have on Loop 288 with closing 2 d~stnct and leave the district sometunes multiple tunes 3 access The other issue with Loop 288 is that ultimately 3 within the same school year 1 kind of wonder why we have 4 we want to be able to extend Loop 288 further to the west 4 a preponderance of manufactured hmnes so close to school 5 and bring it around the west side of our City And it 5 property nulnber one And I'm concerned about that Having 6 wdl be much easier for the City to obtain Federal funding 6 served on the ci T at Ryan High thoro was a continual battle 7 to build those extensions of Loop 288 if we make a a 7 and s~tuat~ons where we tr~ed to maintain fences because 8 controlled access highway So I mean it's sort of a 8 children continued to penetrate those At that Ume ~t was 9 two fold reason why we're doing Loop 288 the way we are 9 a wooden fence And ~t was very hard to nm~nta~n because ol 10 The other issue is that with our current 10 that And I m a little b~t concerned about as we cont~nuc 11 mlenm zoning regula'aons, and I think we're moving this 11 to reach out and annex proper~ into our school d~stnct and 12 way with ~ permanent zoning regulations, ts that we're 12 into our cotmnumty that we may or may not be living w~th a 13 try~ug to encourage mterconnect~vlty between 13 standard that we can sustain and maintain that we wnuld bke 14 subdivisions So, you know, right now the interim 14 to have 15 regulations require that you stub out a street to adjacent 15 I don't think anyone ~s a b~gger proponent ol 16 pmperty every so many hundreds of feet whlch means that 16 affordable housmg than myself I'd hke to see, eswas 17 wheeev~ you get large subdivisions now, you won't have 17 coed earlier our people of Denton have a chance to hve 18 just one way lU and out You'll have to have an exit, an 18 in our colmnunlty, that want to work m our coululunlty ] 19 entrance into the subdivision every 600 feat or whatever 19 don t qmte know if we have defined for our community what 20 the number turns out to be So you also besides the main 20 affordable housing is and what those standards need to bc 21 collector roads, you 11 also have a network of smaller 21 for our C~ty But I'm a hale bit concerned about thc 22 local streets that people can use as well And so I 22 growth particularly near schools and how that ~mpacts us 23 would hope that as property around this develops our 23 as a colmnumty and our school district both So I want 24 zoning ordinances will reqmre them to actually have that 24 to sea where this goes 25 ~nterconnecuvlty and provide more than one way in and out 25 MR LN(JELBREtHT other questions? I have a PLANNING AND ZONING 5-24-00 ROUGH DRAFT 21 Page 17 - Page 20 Condons¢It m Page 21 Page 23 1 question for legal I know thru was dented at the City 1 Ma ENOELBRECHT Let's put the right one up 2 Councd How ts tt that we're seeing fins basically same 2 there We must have thc rig~ht copy, don't we? 3 piece of paper again, only tn a smaller version9 3 Mil OLENDENNINO ^11 right I forgot what I 4 MR SNYDER We have a rule m our ordinance 4 was saying there for a minute 5 that basically says that you cannot bring the same case 5 MR ENOELm{EC~? The clubhouse 6 back or a ease that's less restrictive back within a 6 MR t,l ENDENNING ~lh¢ clubhouse ~s ~n th~s 7 12 month period after it's been denmd When this 7 area with our entry roads ott the proposed thoroughfare 8 application came forward ongmally, ~t came together, tt 8 and ~t s I m kind of jumping aruund here for a minute 9 came tn as one apphcatlon It was only because of the 9 but would it be possthle to leave Stuart Road a nglu m 10 apphcatton of the interim regulations that the apphcant l0 right out until somebody developed Mr Hasl~r's property to 11 had to spht tt up rote two, two separate applications, 11 the west et us? 1 mean I wasn't exactly tickled pink whee 12 because thc mtertm regulations did not apply to the 12 y all decided to close down Stuart Road frankly 13 manufactured housing apphcatton but tt did apply to the 13 MR ENGELBRECH f well, that's been in 14 smgle~famtly apphcatton 14 thscusslon tor qmte stone tune 15 I was asked to give my opmton as to whether t 5 MR OLENDFNNINO well, I know and I still 16 or not th,s -- before, when this was applied, I was asked 16 wasn't real tickled about a I know a is and we m just 17 by Plannmg staff my opinion as to whether or not this 17 trying to comply 18 comphed with the rule And because of the fact that the lB MR ENOELBRFC H1 1 understand 19 overall density of the apphcatton ts less than what was 19 MR al ENDENNINO I m just telhng you 20 originally apphed for, it's my mterpretatton that this 20 something I did to do a tlus way 21 ts a more restrictive zomng apphcatton than the original 21 MR ENCJFLBI{ECHT I know you all wouldn't be 22 one I think the apphcant stated earher that this ts 22 and 23 like 416 umts total and the original apphcat~on was, I 23 MR (,LI NDENNINCJ YeS sir and we were happy 24 beheve, 430-something, and tt was also -- had more 24 to we're pleased to be here I'm trying to gripe 25 acreage tn tt -- I mean, less acreage tn ti, as well, 25 MR ~'NGLLBRECHT I understand So there arc Page 22 Page 24 I before So based on that it's my mterpretatmn that 1 less unas but you're not sure how many less umts? 2 this does comply with the rule and tlwr~ ~s no prothbmon 2 MR O[ FND[ NNING If I rmnernber correctly 3 for him to bring this back within a 12 month period 3 there wcrc I think, there were s~x or seven units more 4 because it ts more restrictive than thc original 4 on thc previous plan I know we left some additional open 5 apphcatlon 5 space on the back just for smaller m~m parks ~f you 6 MR ENOELBRECHT whea you say that, dees that 6 will I don't have that old plan w~th me We've changed 7 apply tO this particular parcel7 Is th¢'c less units on 7 ~t many many maes since thea 8 this parcel than there wore on this parcel when it came 8 MR LNOFI BRECHI I guess my basic questmn to 9 through before? And if so, how many units less? And 9 you would be this was demed once by the City Councd 10 maybe that s a question for the applicant 10 What makes you think that when the only d~ffercnce is a 11 MR GRAY t really don't have that mforumtion 11 lew lots less and u's a httle blt smaller but 12 here 12 basically tts still right up against an existing one 13 MR ENOELBRECHT If we might bring the 13 Much ~n essence ~s exteadmg a lnanufactured housing 14 applicant back up here 14 area One ~s in the C~ty and one ~s not 15 Ma OLENO~Z,rNINO I'd be lying ~f I told you I 15 MR OLENr)ENNtNC, well sir it's the most 16 rememheredexactly We've prohebly gone through 40 or 50 16 approprmte usc for that s~te What am you go~ng to do 17 dlfferentrend~tionsofthls I know there are less 17 witha~ (Jlaze~t? It abuts a manufactured home 18 units We took out at least six units for the clubhouse 18 coammmty There's a huge need for it We may not like 19 because we moved a to thls side when we put the 19 a Imean Idon'thvemamanufactmexlhome Ihope 20 single family on the other side If you'll neeco, we 20 I neve~ hve m a manufactured home But there's a need 21 also brought our roads in from this thoroughfare street 21 for it The~Us a 98 99 percent occupancy rate that are 22 The clubhouse ~s slated for this area with our entry 22 m the current non conforming use parks that are In the 23 roads And I don't know ~f it shows up on your I've 23 Denton as we speak I mean o's a docmnented fact And 24 got the wrong miniature here but our entry would be off the 24 we've come back and changed 60 acres of our original 25 proposed Long thoroughfare 25 application into single faindy housing that comphes w~th PLANNING AND ZONING 5-24-00 ROUGH DRAFT 2 2 Page 21 - Page 24 CondenaeltTM Page 25! Page 27 I the interim ordinance that's in place And, no it's not I second to appiove with the conditions Any thscossion9 2 as profitable a use but il' that's a buffer that's 2 Okay It doesn't appear anyone wants to speak I'd just 3 appropriate, and I believe that it m, then that's why 3 I want to make a colraneot to say that I will he voting 4 we re back here 4 against tins request And had I g~ven it mom thought the 5 You know, we're coming up with a total of 5 last tune I beheve I would have What concerns me most 6 what 416 lots including single famdy That's probably 6 ~s that when I really tbeught about thru case the last 7 I don't know if you were to take the top 20 acres that 7 tune I don't haheve there's been very much thought put 8 we had before a's probably 25 or 30 perceot less density 8 into th~s other than what s on th~s one piece o[ papa 9 if that would have bean included in the first place So I 9 right here what's drawn out here When we askexl lor some 10 th~nk a's appropriate and that's why I'm here I mean I 10 thnlgs then there were some extra things pnnted on here 11 thmk a's a totally different apphcatlon than what we 11 and that's il I don't think there s bean any great 12 brought before I thnfl¢ it's got, you know in fact, a 12 thought put into this I'm not at all conwnced this ~s 13 few of the same alignments of streets that we had before 13 gomg to be anythmg above the standard that we ~ea all 14 because with Smart Road bang closed and the only access 14 over Texas other than what we have been able to pound out $ out Long to Sherman Drive, none of our residents would 15 on th~s piece of paper And I think there could have been 16 eva: have the occasion to drive on Stuart Road I mean, 16 a lot more and so Fm not gang to vote ~n favor of a 17 their only way out their only way to work or to the 17 Ms Gourthe 18 grocery store, to school is on Long Road 18 MS aounl)ir i would hke to qualify why I 19 And Transportation requested that we improve 19 put the motion forwaid as ~s one when this first came to 20 roughly 4,400 feet of streets from our properly to Sheridan 20 us I was quite nttngucd that they had already had the 21 Drive And we'd like to request a variance that we don't 21 process happcnmg and we annexed the land and ~t changed 22 ~mprovo the 2 200 lineal feet that we have absolutely no 22 the whole scenario And I believe that's kmd of an 23 I mean, we're serving folks that don't pay Denton 23 ~nterestmg fotuhold right there 24 taxes I mean, they've bean driving that read for a long 24 Secondly I also beheve that I m not a b~g 25 long tune and our residents would use only Long Road And 25 fan of manufactured housing but I do beheve that s~nce Page 26 Page 28 ~t's a greater expense and cost to us but we're wflhng to 1 the Legislature thd g~ve manufactured housing a thflc~nt 2 go along with it 2 priority such as you can make it a p~ece of real esmtv 3 MR ENOELBRECH~ ~hank you Any other 3 ~t s now a permanent piece oJ the land It dcesWt go 4 questlons'~ Thank you Mr Gray any final staff rmnarks? 4 with you It stays on the land and you can sell it as a 5 Commissioners do we have any additional questmns or a 5 house I think that's a different way of lookmg at tt 6 motion? If anyone's pressing their button Ms Gourthe 6 now that manufactm'ed homes have come qmte a iht ~mm 7 They are now lighting up Okay 7 what we're usexl to seeing where everyone would lUSt p~ck 8 MS OOURDIE I nlove to recmmrtend approval of 8 up and tak~ thar home with than Most people are now 9 Z 99 082 w~th tbe following conditions that the 9 selhng than as a house that's staymg on the lot And we 10 submitted site plan and all the notes and conditions 10 thd reqmre it to be on a concrete base We thd require 11 hsted here on, shall be incorporated ate the requirements 11 galages w~th covered front doors We reqmred tt to ~naka 12 and the condmons of the specific use penna 12 it ahnost look hke a subdlws~on a housing subthwsmn 13 MR WILLIAMS I second 13 It is on 5 000 square feet and I do know that raanufacturcd 14 MR ENGELBRECHT It'S been llloved and seconded 14 housing has ¢,xtenslv~, reqmreurents that we don't require 15 to recommend approval w~th the notes which actually are 15 m single family homes 16 part of the plan They are on lt But what about the 16 Agam l'mnotkcenonabutldobchcve 17 did you want to include the 17 that for a manufactured housing, for h~m to coute t orward 18 MS OOURDIE Yes please And that wdl be 18 and be a confonmng manufactured housmg when he could go 19 including the April 20th eng~neermg and transportation 19 forward and be non conforming, 1 beheve that there ~s 20 letter which do you want rae to read than or can wc just 20 merit tn that 21 say this9 21 MR FN£~EI BIt. ICH] Any tuha thscusslon? Vote 22 MR ENOELBRELHT I think ff you d JUSt hst 22 please Motion carnes 3 2 23 the hst that was outhued 23 (£ OMMISSIONERS ENOELBRFCII I' AND RISHEL VOTI IN 24 MS GOURDIE Thank you 24 OPPOSITION ) 25 MR ENOELBRECHT We have a motmn and a 25 We'll move on then to Agenda Itan No 9 PLANN1NG AND ZONIlqG 5-24-00 ROUGH DRAFT 2 3. Page 25 - Page 28 ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT (SUP) FOR THE OPERATION OF A MANUFACTURED HOME PARK (MHP) ON APPROXIMATELY 40 ACRES OF LAND LOCATED APPROXIMATELY EIGHTEEN HUNDRED FEET NORTH OF LOOP 288 ON THE WEST SIDE OF STUART ROAD, WITHIN AN AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-006) WHEREAS, Leaping Leopard, Ltd, has apphed for a specffic use permit (SUP) for the operation of a manufactured home park (MHP) on 39 880 acres of land located approximately e~ghteen hundred feet north of Loop 288 on the west side of Stuart Road, within an Agricultural (A) zomng district classfficat~on and use demgnat~on, and WHEREAS, on May 24, 2000, the Planning and Zoning Commission recommended approval of a specific use perlmt for a manufactured home park on the subject property, and WHEREAS, the City Council finds that the specific use permit will be consistent with the 1999-2020 Denton Comprehensive Plan, and WHEREAS, in accordance w~th Artmle III, D~v~smn 4, of Chapter 35 of the Code of Ordinances of the City of Denton, Texas, the City Council finds that all of the following conditions ex~st The manufactured home park will be compatible w~th and not ~njunous to the use and enjoyment of other property nor slgmficantly diminish or lmpmr property values wlthm the nnmedlate vicinity, The establishment of a manufactured home park wall not ~mpede the normal and orderly development and improvement of surrounding property, Adequate utllmes, access roads, drmnage, and other necessary supporting factht~es will be provided, The desxgn, locataon, and arrangement of all dnveways and parking spaces provides for the safe and convenient movement of vehmular and pedestrian traffic without adversely affecting the general public or adjacent developments, Adequate nuisance prevention measures will be taken to prevent or control offensive odor, fumes, dust, noise, and mbrat~on, 24. Dlrect~onal hght~ng wall be provided so as not to d~sturb or adversely affect nelghbonng properties, There ~s sufficient landscaping and screening to ensure harmony and compat~bdlty with adjacent property, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS S__ECTION 1 A specific use permit to allow a manufactured home park on 39 880 acres of land descnbed m the legal description attached hereto and incorporated herein as Exhibit "A" and located approximately e~ghteen hundred feet north of Loop 288 on the west s~de of Stuart Road, w~th~n an Agricultural (A) zomng d~stnct classfficatmn and use designation, pursuant to the s~te plan attached hereto and incorporated herein as Exlub~t "B," are hereby approved, subject to the following conditions 1 The subnutted s~te plan, attached hereto as Exhibit "B," and all notes and conditions hsted thereon, shall be Incorporated ~nto the requirements and conditions of the Specific Use Permit 2 Offs~te traffic improvements, hsted in the letter attached hereto as Exhibit "C", shall be reqmred SECTION 2 The C~ty's official zonmg map ~s amended to show the change ~n zonmg district classfficat~on SECTION 3 Any person vlolat, ng any prowslon of this ordinance shall, upon conwctlon, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and d, stmct offense SECTION 4 Tlus ordinance shall become effective fourteen (14) days from the date of~ts passage, and the C~ty Secretary ~s hereby d~rected to cause the captaon of thru ordinance to be pubhshed twine m the Denton Record-Chromcle, a dmly newspaper pubhshed m the C~ty of Denton, Texas, wtthm ten (10) days of the date or,ts passage PASSED AND APPROVED th~s the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY 25 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 26. EXHIBIT A PROPOSED BEAVER CREEK HOUSING COMMUNITY MANUFACTURED HOUSING (PARCEL 2) 39.880 ACRE PARCEL DENTON, TEXAS COMMENCING AT A ¼" IRON PIN SET AT THE SOUTHWEST CORNER OF A 100 00 ACR~ TRACT, SAID PIN BEING THE NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO RAYZOR OIL AND GAS, LTD, RECORDED 1N VOLUME 4181, PAGE 730, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, SAID PIN ALSO BEING ON THE EAST LINE OF A TRACT DESCRIBED IN A DEED TO $ B HAISLER, ET UX, RECORDED IN VOLUME 316, PAGE 69, DEED RECORDS, DENTON COUNTY, TEXAS, THENCE, NORTH 00°06~00" WEST A DISTANCE OF 1835 08 FEET WITH THE WEST LINE A 58 288 ACRE PARCEL, ALSO BEING THE EAST LINE OF SAID HAISLER TRACT TO THE NORTHWEST CORNER OF THIS PARCEL, AND THE TRUE POINT OF BEGINNING OF THIS PARCEL, THENCE, NORTH 00°06'00" WEST A DISTANCE OF 1111 89 FEET WITH THE WEST LINE OF SAID 39 880 ACRE PARCEL AND THE EAST LINE OF SAID HAISLER TRACT TO THE NORTHWEST CORNER OF THIS PARCEL, THENCE, NORTH 89°27'19" EAST A DISTANCE OF 1448 $0 FEET WITH THE NORTH LINE OF SAID 39 880 ACRE PARCEL TO THE NORTHEAST CORNER OF THIS PARCEL, THENCE, SOUTH 00°11'17" EAST A DISTANCE OF 1234 00 FEET WITH THE EAST LINE OF SAID 39 880 ACRE PARCEL TO THE SOUTHEAST CORNER OF THIS PARCEL, THENCE, NORTH 89°30'47" WEST A DISTANCE OF 340 02 FEET WITH THE SOUTH LINE OF SAID 39 880 ACRE PARCEL, THENCE, SOUTH 00°11'17" EAST A DISTANCE OF 208 61 FEET WITH THE SOUTH LINE OF SAID 39 880 ACRE PARCEL, THENCE, 430 73 FEET WITH THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 718 97 FEET, AN INTERIOR ANGLE OF 34° 19~32", AND A CHORD BEARING NORTH 61°53'58" WEST A DISTANCE OF 424 32 FEET WITH THE SOUTH LINE OF SAID 39 880 ACRE PARCEL, THENCE, NORTH 82°40~53" WEST A DISTANCE OF 59 92 FEET WITH THE SOUTH LINE OF SAID 39 880 ACRE PARCEL, THENCE, NORTH 01°05~34" WEST A DISTANCE OF 100 84 FEET WITH THE SOUTH LINE OF SAID 39 880 ACRE PARCEL, THENCE, NORTH 89o30'47" WEST A DISTANCE OF 675 59 FEET WITH THE SOUTH LINE OF SAID 39 880 ACRE PARCEL TO THE SOUTHWEST CORNER OF THIS PARCEL, AND THE POINT OF BEGINNING, CONTAINING 39 880 ACRES OR 1,737,155 SQUARE FEET NOT A FIELD SURVEY INFORMATION EXTRACTED FROM OFFICE RECORDS PREPARED BY KISTENMACHER ENGINEERING COMPANY, INC 1420 GERONIMO DRIVE, SUITE A2 EL PASO, TEXAS 79925 (915) 778-4476 (915) 778-4504 (FAX) 27. IlJl ,,, -,,O5/ ? 28. MANUFACTURED HOUSING - -- NOTES: ~ 2 ALL S~/?~ S~ALL HAVE A ~ N,uWM ~ ~ 05~ER~= NOTE~ ORDINANCE PUBLIC ~EE' ~.8HqN~ - .Nz,~ ~,. CNALL BF PRO~O[~ ~ A MNIU~M 0~ ,CUR~[', (14) PERSENT OF THc GROSS SltAd D' '-S~LLFD %'AR TffS I ~~ 3'069 S-A~. Si ~;,:~ Th~3~S~j~ --_ r~SuC A~D P~ V~E 9'R. STS PRO/,kD ACCOSD~NCE DfD CATIDN ~_ ~ ~ 15 ~E~E S-~_, If ,CONS~tJOISD AND V~INTA'NEO A PgRM~NFNT St REEN~O FE¢~ NO~ ~6S '~t~ ~ Og,.S C- 'NU PARg. ~XC~'~l '/,11ERZ N~R~ BARNERG ~X~T TO FC~U A_~ OR PART OF e BE A~CH TEC~A~y COVeAVt~LE MANNE~ AND 5"~ BE BUILT ~N ACCOR2ANC~ DO, TON ~g LO'NO GOOF Bxhibtt B-pa~e 2 29. EXHIBIT C Eng~neer, ng Transportat,on April 20, 2000 Mr Crmg Glendenmng Post Oak Development P O Box 614 Addtson, TX 75001 Dear Mr Glendenmng We have completed our review of the traffic ~mpact analys~s for Beaver Creek ,n Denton Texas Based on the revaew, the following offsae traffic improvements will be reqmred 1 Sherman Drive and Long Road Intersection 30% fund,rig of a traffic stgnal mstallanon, eastbound right turn lane, and northbound let% turn lane 2 Long Road Reconstruct Long Road from Stuart Road to Sherman Drive to 24 feet w~de with curb and gutter on one s~de (Long Road will ulumately be a 45 foot w~de sectmn) Construct the extension of Long Road through the development as a 45froot ~de collector street w~th curb and gutter on both sides Constructmn will include removing the ex~stmg jog in Long road 3 Stuart Road Construct a cul de sac bulb at the south end of the property The TIA d~d not specify a specffic methodology or sot~ are that was used to conduct the capacity analyses nor was any reference made to levels of servme for the study areas In addmon, there was no growth rate apphed to the background traffic to account for a phased bmld out Wtthout the aforementmned details, we had to make some assumpttons ~n our review If you are not In agreement with the findings of our reviews, more detailed mformatton will have to be submitted for our constderatton Sincerely, , ..~,.-' . Daxld Salmon PE Engmeenng Admtmstrator Cit~ of Denton 30 "Dcdtcated to Q~m;ltDj Srr~tce" '~enda No ~ ~- ~,,~,,"~ AGENDA INFORMATION SHEET Agenda Item~ Date /- -.~,~. ~o AGENDA DATE: June 20, 2000 DEPARTMENT. Planmng Department~ CM/DCM/ACM: Dave H~ll, 349-8314 ~/z~ /-. SUBJECT -Z-00-002/SP-00~002 (Kwtk Kar Wash/Dry Clean Super Center) Hold a pubhc hearing and consider approwng a Detailed Plan and Non-residential Project Plan for the Planned Development - 5 (PD-5) zomng district The 1 19 acre property ~s located at the southeast comer of the ~ntersectlon of Umverslty Drive and Bonme Brae Street A commemlal developmant ~s proposed The Plaunmg and Zoning Comm~ssmn recommends approval of the pD Detmled Plan (4-1) with cond~tmns (Z-00-002 & SP-00-002, Kwik Kar Wash / Dry Clean Super Center) BACKGROUND The applicant has requested the approval of a detailed plan and project plan for a proposed self- serwce car wash and a dry cleaning shop on a 1 19 acres tract The proposed development ~s ~n Planned Development 5 (PD-5) and it is surrounded by approximately 9 acres of undeveloped land Architectural design criteria is included on the proposed plans The project plan for Kwik Kar Wash/ Dry Clean Super Center addresses all the technical requirements for a project plan and meets the mlmmum requirements of C~ty Code (see Attachment 3) ~' The subject property ~s located in a Planned Development 5 (PD-5) zoning district created in 1969 } The proposed site is designated m the Comprehensive Plan as a Community Mixed-use Activity Center Staff finds the proposed development to be consistent with the Comprehensive Plan (see Attachment 1 - Comprehensive Plan Analysis section) } Three (3) property owners were notified of the zomng request No responses have been received PRIOR ACTION/REVIEW The following is a chronology of Z-00-002 and SP-00-002, commonly known as Kwfl{ Kar Wash/ Dry Clean: Super Center Detailed Plan Non-residential Project Plan Apphcataon Date- January 12, 2000 March 14, 2000 DRC Date(s) - January 20, 2000 April 13, 2000 P&Z Date - May 24, 2000 3. ESTIMA~FED PROJECT SCHEDULE The subject property is not platted and would need to be platted prior to any development FISCAL ,INFORMATION Development of this property will increase the assessed value of the c~ty and county It w~ll require no short-term pubhc ~mprovements that arc the respons~bthty of the mty P&Z SUGGESTED RECOMMENDATION The Planmng and Zoning Commission recommends approval (4-1) of this zoning request wtth thc followmg, conditions 1 Ground signage shall bc limited to one (1) monument sign for both Sites A and B as depicted on the Detmled Plan 2 A 3 ~ feet tall evergreen fence shall be provided along the southern boundary of Sites A and B 3 L~ghtmg shall be designed and mmntamed so as not to shine on or disturb surrounding residential property or to shine and project upward to prevent diffusion m to the mght sky OPTIONS 1 Approve as submitted 2 Approve with con&tlons 3 Deny 4 Postpone consideration 5 Table item ATTACHMENTS 1 Planning and Zoning Commission Report, May 24, 2000, Z-00-002 2 Planning and Zoning Commission minutes from May 24, 2000 3 Non-residential ProJect Plan Checklist 4 Draft Ordinance D0u~las Si Powel~, AICP Director of Planning and Development Pre ~re' by Del >rah V~era Pitt ler I 2 ATTACHMENT 1 Agenda No C~ ' ~ / 7. . Agenda Item ~ /~ PLANNING AND ZONING COMMISSION ._ STAFF REPORT Subject Kwik Kar Wash/Dry Clean Super Center Case Number Z-00-002 Detaded Plan Aoenda D~Ite May 24, 2000 Staff Deborah V~era Hold a pubhc heanng and conmder recommending approval to C~ty Councd the Detaded Plan for Kwik Kar Wash/Dry Clean Super Center, ~n Planned Development (PD-5) zomng d~stnct The ~ 1 19 acre property ~s located at the southeast corner of the intersecbon of Bonnie Brae and Umvermty Dnve Commercial development ~s proposed LOCATION MAP Location Southeast corner of Bonme Brae Street and Umvers,ty Drive S,ze 1 19 acres Z 00 3 Apphcant Enc Smith Owner John W & Margaret Porter Kwik Kar Industnes, Inc P O Box 876 4725 Nail Rd Sanger, TX 76266 Dallas, TX 75244 The apphcant ~s requesbng approval of a Detaded Plan for Planned Development (PD-5) zoning d~stnct The detaded plan encompasses two s~tes for commem~al uses on a 1 19-acre tract A self- service car wash and dry cleaner are proposed S~gnage design criteria ~s depicted on the proposed Detaded Plan (see Enclosure 1) 1999-2020 Denton Comprehensive Plan Analysis The 1999-2020 Denton Comprehensive Plan shows th~s area to be w~th~n a Community Mixed-Use Activity Center Area These areas are ~ntended to provide the shopping, services, recreabon, employment, and ~nst~tut~onal facd~t~es that are required and supported by the surrounding commumty Staff finds thel proposed Detaded Plan to be cons~stant w~th the 1999-2020 Comprehensive Plan (see Enclosure 2) I Transportation A Tr~p generation The proposed development would generate approximately 240 tnps per day B Access The proposed development wdl have access on Umvers~ty Dnve and Bonme Brae Street C Road Capacity Bonn,e Brae Street is ~dent~fied as a secondary major arterial road by the 1999 Denton Mobd~ty Plan Th~s road ~s designed to be a four (4) lane undivided street w~thout parking, prowd~ng four (4) lanes of through traffic The most recent traffic counts for Bonme Brae Street ~nd~cate that there ~s adequate capacity to handle the calculated tnps that could be generated by the proposed development Z O0 007 4. Umvers,ty Drive ~s ~denbfled as a pnmary major artenal road by the 1998 Denton Mob~hty Plan The most recent traffic count for UmversRy Drive ~nd~cates that there ~s adequate capacity to handle the calculated tnps that could be generated by the proposed development D Pedestrian L~nkages S~dewalks along all pubhc streets are requlrad 2 Uflht~es Th~s site has access to ex~st~ng water and sanitary sewer hnes 3 Drmnage and Topography New development w~ll be reqmred to design and construct a drainage system to c~ty standards A prehm~nary drainage study will be required w~th the submission of a prehm~nary plat The study must ~nclude calculations of the 100-year storm for all drainage areas on th~s property and any area that drains towards th~s property The developer must ~nd~cate the method by which the run- off w~ll be carned across the property or stored on the property 4 S,gns One monument s~gn as depicted on the Detailed Plan 5. Off-Street Parking New develQpment must provide parking according to the regulations of Chapter 35 (35-301) of the Code of Ordinances 6 Landscaping Th~s property w~ll have to comply w~th the new Landscape Code, which reqmres fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area) 7 Env,ronmental Quality Impacts No negative enwronmental impacts have been ~denbfled January 14, 1969 -The subject property was placed in the Planned Development (PD-5) zomng district and land use class~ficabon by Ordinance 09-01 (see Enclosure 3) d O0 002 5. The subject property ~s not platted and would need to be platted prior to any development A Project Plan ~s reequ~md prior to any development Notice of the zomng request was published m the Denton Record-Chronicle on May 13, 2000 Three (3) property owners w~th~n two hundred feet were mailed legal notices and twenty-four (24) residents w~thln five hundred feet were sent courtesy notices ~nform~ng them of the request (see Enclosure 4) As of th~s wnt~ng, there have been no responses A neighborhood meeting was not held The proposed Detailed Plan meets all the m~mmum techmcal requirements for a detailed plan as ~dentlfled ~n Section 35-176 of the Code of Ordinances, therefore Staff recommends approval of Z-00-002 I move to recommend approval of Z-00-002 1 Recommend approvalas submitted 2 Recommend approvalw~th conditions 3 Recommend den~al 4 Postpone consideration 5 Table ~tem 1 Detailed Plan 2 1999-2020 Future Land Use Map 3 Zomng Map 4 200'-500' Notification Map Z O0 007 6 ENCLOSURE 2 NORTH Z-00-002 (Kwik Kar Wash/Dry Clean Super Center) LAND USE MAP 8 Agenda Date. May 24, 2000 Scale Nonp ENCLOSURE 3 NORTH Z-00-002 (iKwik Kar Wash/DH Clean Super Center) ZONING MAP Agenda Date"May 24, 2000 Scale None 9 ENCLOSURE 4 ~ NORTH Z-00-004 (Kwik Kar Wash/Dry Clean Super Center) 200'-500' NOTICE MAP 500' Courtesy Notices sent wa l't Class Mall 24. Agenda Date :May 24, 2000 Scale None 10 ATTACHMENT 2 rage ,~t Page 43 1 MR ENOELBRECHT MS OoUrdle I MR RISHEL ZP 00 001 3 ~s all new, it's like coming h~ on my first ~y I was 3 Y~h, go ov~ one mo~ page, Carl 6 things ~ ~t yo~ d~sl~ down to wh~ you want~ It to 6 that was at~ch~ 11 av~a~of6925or35~ac~ I guess ~at's what I'm 11 MRR[SHEL Yes Iwdlbevotmgmfavor 12 confus~ about 12 of ~s b~ause 1 think a d~s m~t what I cons~d~ to b~ 13 MR REICHH~T if you I ~:nk Ws ~ 13 affordabk housing m o~ cm~umW which I would 1~ to 14 v~ last page, Enclosm 5 of ~e stuff ~o~, would 14 e~]~age And as I think of affordable housing i think 15 ~dontffy ~t a halo b~t mo~ %e base dens,W, again, 15 o~o~et~that mcr~s~ m value as p~ple hold that 17 approxuna~ly a 10,000 aqua~ foot lot de;elopm~t ~at 17 subd~ w m value m ~e pa3plc · at move m~ I flnn~hat's what ~'ve h~stoncally s~a I kno~ C~W Is gmng m make sure 18 would give ~s~o~nt 172 umts Now when you add 18 20 and even on ~'~en~~n~n~e s~x ~ am 20 flint ~e roads m~t thc standards and ~c cn~a that ~u 22 m do ~at, just I'm going m ~ ~ d~el~ts 22 I ~mk ~at fl~e new gmdehn~ that we am m 23 Tbat g~ves ~ a m~l d~s~W of app~ately 3 5 umts 23 the proems of t~ng ~ develop and bnng on hne a~ a 25 Now to ~ 201 unas on flint sac you 25 but I do tbmk we a~ h~d~ ~n the n~t d~tmn wnh Page 42 Page 44 I physically can't do ~t w~ 10 000 square f~t lots So I some small~ lots and make ~em 2 you Mve to ~dentffy ~ mtw~m ~s ~dentffy a 2 4 fl~e desigu elements ~s a vane~ of lot s~zes ~t th~'m 4 5 proposing S~ a lot dfff~nt ~cn what we ~c done m 5 problem 6 ~e past an~o~ confusing But ~e zomng//~ 6 ~m~ a work And 8 prop~ and ~t~u~g to ha,e coming 8 .a Okay 9 out of ~t prop~ - ~ ~' //~ 9 In that case file motion :ondmons 10 MS ~URDIE All rl~t ~ 10 ~on=end t Vo~, pl~sc Morton 12 nad down all ~ese sp~fic d~gn e~ments %~at's ~ 12 rake ten re:nut,s 13 s~x foot wall going ~ look hke flint you smd you w~ 13 14 going tolbufid~ O~y, ~at's a mason~ ;xall It Doks 14 for Ume Okay ~t's mttt~s 15 ~t ~at a~ ~e s~t ~s7 Okay you'~ going to 15 (B~k token) 16 doone~50 foot So Im~n ~tgets -asyou~t 16 Ma ENOELaRECH~ okay At~sttme I11 18 demd~ and that's what ~s d~s now 18 No 10 whmh ~s to hold a pubhc h~nng and cons:der 20 Ma ENOELBRECHT Any O~ qu~tmns for 20 demd~ plan for Kwik Kar Was~ Clan Sup~ Center m 21 smf~ Thank you, ~ ~ay Any co--eats or a morion7 21 Plann~ ~velopment 5 %~s ~s a I 19 ac~ prop~ 23 ~d the n~ 23 Bonme Brae and Umv~s~W ~lve %e proposal ~s 24 MR ENOELBRECHT Pa~ 6, ~'S also a 24 co~n~cml At ~s nme I'll open ~e pubhc h~rmg 25 mounn<d~ motion 25 and ask Ms %~a ~ prowde us wl~ ~ stuff ~oa PLA~OA~ ZO~O 5-24-00 ROUOH DuA~ Page 41 - Page 44 CondenseltTM Page 45 Page 47 1 MS VIERA CoITnIIiSSlOn Chairman tontght we I MR ENC*ELHREC'H'I Mr Rtshel 2 am consld~ng a detailed plan encompassing I 19 acres 2 MR R[SHF[ CalVe me your ws~on of' what makes 3 fei PD 5 The detailed plan is proposing a self service 3 your prelect specml 4 car wash and dry cleaner and ~t is preposmg, as well a oue 4 Mn SMITH well we build a quahty bmlthng 5 combined monmnent sign for file site 5 Nobody else can tnatch the quahty of our budding i feel 6 According to the Comprehensive Plan, this area 6 car wash or dry cleaners We provxde a good service to 7 is classified as a cormnumty mixed-use center whore 7 the cmmnumty at a good price 8 shopping, servmes, employment among other things are 8 MR RISHEL Ihank you 9 provided Staff finds the detailed plan tn comphance 9 MR ENCaFLBRECHF Any other questions9 Is 10 w~th tho Comprehensive Plan 10 this file same car wash that I've heard move about I l As a part of the notification process, we 11 Umve~ sity Drive over there m different spots or are you 12 notified three owners and 24 residents We only received 12 one of the other ones9 I mean I know that staff frem 13 one letter m support and we also received one letter of 13 t~me to tmle would say something is going on there 14 opposition for a resident who hves w~thm the 500 feet 14 MR SMI I H I think th~s Is the 15 So no opposition has to be calculated at fills point I 15 MR ENOFLBREenT Thls Is your first spot or 16 wdl pass theln out so that way you will have tile chance to 16 you've tried several? 17 read a 17 MR SMITH [ believe so To my knowledge tt 18 The proposed detailed plan meats all mmnnmn 18 ~s 19 reqmrementsfuradetadedplan Therefore, staff 19 MR ENCaELBRECHT okay I guess my first 20 recolmnends approval If you have any questaons I'g be 20 question ~s all of a sudden there ~s sort of a plethora at 2] more than happy to answer 21 cai washes coming to town self serwce ones They rc 22 MR ENOELBRECHT conumssloners, any quosnons 22 popping up m varlolls locations all across town Is there 23 fo~ staff at tlas t~rne? Thank you Ms %era Is the 23 some new what's file new urarkctmg scheme tbat's bnng~ng 24 petmoner or petmoner's representative present? Is you 24 all these that we re here before? I mean m a seuse they 25 would give us your nmne and business address for the 25 were There were these htlle ones and then they all Page 46 Page 48 I record, please 1 disappeared I don't know if they broke or what or had 2 MR SMITH Good evening My narae is Eric 2 environmental pioblems but they disappeared And now all of 3 Smith, 4725 Nail Road, Dallas, Texas I beheve this 3 a sudden m the last six months we ve just seen them sort 4 gentleman had some questions earher when we did a 4 al pop up all over ls there some new d~cover out there9 5 pmhmmary plat about a - 5 New markeHng scheme? 6 MR ENGELBRECHT Did you want to make any 6 MH SMITH Business ~s good No, just a 7 statements at all about your project9 7 place to budd ~t and good zoning I don't know how qmta 8 MR SMITH I'm glad to be hem after almost a 8 to answer that quemon 9 year of worktng on it and I'd Iust hke to answer any 9 Ma FNOELBRECItT I Md meant to look at one 10 questtons y'all have 10 th~ng today Just the other side of Bonme Brae Just to 11 MR ENGELBRECHI MS Gourdle 11 the west al you there is a lnbe center Is that your 12 MS GOURDIE Thank you This is a 12 compeCtnr al is that pall of your 13 self-servtce car wash? 13 MR SMITH Yes we bmlt that a few years 14 MR SMITH Yes, ma'am 14 hack 15 MS GOURDIE And then the other slde ts a dry 15 MR ENOELBRECHI okay Allnght That,s 16 cleaners Is this the same something that we see down off 16 prat of Kwik Kar ~ 17 of Swisher Road across from the Albertson's over there? 17 MR SMITH YeS it ~S ]8 MR SMITH Yes, rna'mn 18 MR FNGELBRECHT NOW my questlon IS wdl you 19 MS GOURDIE IS that gomg to also be the 19 have a s~mdur archttectural sort of look to that? 20 sm,ne facade and brlckmg'~ 20 Mil SMITH Yes we wdl 21 MR SMITH For the dry cleaners, it will be 21 MR FNGE[BRECHT And I ask that because I am 22 For the car wash, we're propostng that the columns are 22 concerned that 23 going to be the same color as the dry cleaners but mstde 23 MR SMIrH It will be slmdur to that there 24 we're going to do a ceramic ttle hmsh 24 and bere s anothm one The car wash ~s not facing thc 25 MS GOURDIE okay Thank you 25 correct way of what we intend to braid That's pretty PLANNING AND ZONING 5-24-00 ROUGH Dn a~w Page 45 - Page 48 12 Condona¢It m Page 49 Page 51 I close to what we'll be building I MR ENC, ELBRECHI Aod you want m 2 MR ENOELBRECHT okay Well, I was asking 2 MR gMITH when we was at DRC and whatnot 3 that because -- and I think that's a great idea that 3 they suggested we put just one shared sign for both 4 they're going to pull some of that comer together so that 4 properties Tbese properties are going to be mthwdually 5 it appears m people's minds as a lurger comer I'm 5 owned and operated and It'S going to cause some problems 6 dlsmayqxl to sec In many places across this City, that we 6 ~f we have a shared s~gn I'd like to ask we've met 7 piece meal m one little parcel after another There is 7 all the staff reqmrmnents but we would like to have a 8 no architectural cohesiveness whatsuever so it looks like 8 sign for each thcthty 9 a lotofhtllepleces And l don't understand why poople 9 ME FNOELERt~CHq okay Well that's l0 want to do that from a marketing perspective because the 10 something that will have to be taken up with staff 11 larger that tract is, the larger tho radms you should be 11 MR REICHHART oue of the requirements o f a 12 drawing from 12 detailed plan ~s that they identify the location of 13 MR SMITH mght The dry cleaners is 100 13 s~gnage Dunng DRC thgy proposed two separate s~gns 14 percent brick The cai wash will be around 80 percent 14 one fnl each lot They have a shared access And the 15 brink 15 stall recmmnendatlon was to ~ncorporate two signs ~nto 16 MR ENGELBRECHT But bas~cally it's going to, 16 one As proposed and it's on the detaded plan a s a 17 as I recall, tho lube center looks s~milar to th~s in 17 monmnent sign that s going out m front of the access 18 terms of the pattern of the brick and things 18 And tile apphcanl ~s still requesting the abduy to do 19 MRSMITH Yes, Slr 19 iwos~gns %Ithmkthathe'sask~ngfurmputfromthc 20 MR ENOELBRECHT areal I think that's 20 Commission whether they could revert back to two signs 21 super Okay Mr Wllhmns, did you have another 21 If th~s were two separate sites coming m one 22 questmn? 22 at a tnne and not a PI) they would be entitled to the one 23 MR WILLIAMS YeS Could I see a picture of 23 s~gn Staff's take on it was that it ~s a PD It should 24 that car wash because I some problems with car washes? 24 bc ~ncorpolated together and that we should look at one 25 That s where most of the drug deals go down Will the car 25 s~gn 1o~ this prelect But they re std] pursuing the two Page 50 Page 52 I wash be open 24 hours a day? I s~gns and i think he's asking fei input on that 2 MR SMITH YeS It wdl be 2 MR SMITti on that ~ssue I'm going to let 3 MR WILLIAMS A good place to hide, isn't a? 3 Ray Flhs president of Kwik Industries thscuss that wah 4 MR SMITH EXCUSe me 4 y'all the issue of the ~lguege 5 MR WILLIAMS It's a good place to hide and 5 MR ENGEI BRECHT Yeah you want to thscuss 6 do a lot of little evil stuff behind that dry cleaner 6 that`2 Yeah go ahead 7 about 2 00 o'clock isn't it`2 7 MR ELLIS Thank you I'm Ray Fibs I'm 8 MR SMITH ~et me show you some other 8 president et Kwik Industries It's good to be back belore 9 picttw~ that we have We're going to the car wash is 9 you speaking You ask the question why the car washes had 10 going to be facing thc bays are going to be facing 10 crone back I built tile first car wash here for Lanny Walkey 11 Umverslty The vacumn ls gomg to be out front We're 11 back m1964 ff you remember over on Carroll out by the fan 12 going to have a couple in the back, also, without a drying 12 grounds Then I built Lanny another one later around the 13 ~hed We've built numerous of these things and we've 13 corner over on Sherman and Damson which he's still 14 learned that if you have a drying shed, people do tend to 14 opemHng and doing very well with Then another ont. day, n 15 hang out when it's a little misty or whateve~ and listen 15 at Cattail and b agle that I budt for Lanny and then I built 16 to radms and party, whatever This facthty will not 16 hnn another one on Ehn These arc all still operating 17 have those drying sheds on th~m and it will be lighted, 17 They have chanced a lot since then 18 too 18 The marketplace has really gotten real 19 MR ENOELBRECHT Any other questions, Mr 19 exciting tn the car wash industry We're building much 20 Wflluens? Will that do a`2 Okay Thank you Any other 20 racer stores I think the first store I built for Lanny 21 questions for the petitioner`2 Thank you s~r 21 was was hke $35 000 00 Th~s facthry is going to go ~n 22 MR SMITH I d like to bring up one issue 22 the ueighborhood of about $750 000 00 so it's nowhere tile 23 MR ENOELBRECHT Sm'~ 23 stone type animal Tile general appeaiance of both 24 MR SMITH we're allowed to have a sign for 24 factht~es wdl be ahnost ~dent~cal to the lube cent' we 25 each faclhty is that correct? 25 built on the corner which, mcldeotally ~s one of our best PLANNIlqGIAND ZONING 5-24-00 ROUGH Du atrr Page 49 - Page 52 13 CondenaeIt m Page 53 Page 55 I lube centers out of 310 The citizens have really supported I MR ELI IS Yes, ma'am Everything else we re 2 us there on it 2 agreeable w~th the staff on 3 The reason we've got a real problem with a 3 MS OOURDIE I m JUSt curmus ff you could 4 shared sign, I have this project sold to two individuals 4 show me on the form that's underneath the one that's 5 One of there being Mr Jerome Hannah that has the lube 5 showing where the two signs were that you had coimneated to 6 center At the time that I sold the two facilities, wc had 6 your potential buyers Actually ~f you'd leave a up 7 talked to the staff and the people who handle the sign part 7 there that would be tint, We can see il on the screen 8 of the City, and they all said we were allowed 60 square 8 Mit SMITn I d like to put a the shared 9 feet of mgn per slte That's how l sold both of thean If 9 sign~srlghtheremthlsarta We'd hke to put one in 10 l have to go back to them and change it ldon'thavea 10 this httlebuffer And the other onc we're gomg to 11 sale We're re, ady to close the property for Mr Porter and 11 take that one parking spot and put the other one right 12 start construction as soon as we can get it through file 12 there 13 Councllandgetthebmldmgponmt Wlthoutthelnthvldual 13 MS C,OUROIE And remove the double slgn ~ 14 signs, I don't know whether we've got a deal or not, whether 14 MR SMITH Yes, ma'am 15 it's a deal killer or not I think we can still build a dry 15 MS OOURDIE And Just the one driveway is 16 cleaners but I don't think we can build I don't know if 16 colrect9 17 y all know Jerome but he's pretty particular I don't think 17 MR SMI I H Yes right now Just one 18 he would buy the car wash without controlling his own sign 18 MS GOURDIE And are you asstamng that there 19 That's basically we want to thank the staff 19 Is gems to bc anothe~ driveway to thc next parcel? 20 for working with us This thing has drawn out forever 20 MR SMITII we have a curb cut here in the 21 There was some unknown easements on the property I think 21 median right here That's going to be a cross access all 22 a road going through tile back that nobody knew about So 22 the way through here once that property gets developed 23 we've been ahnost a year on it Staff has really been 23 MS OOURDIE okay 24 helpful with us m working those detads out and we want 24 M,~ SMITH I don't know what y'all are going 25 to thank them for that If you have any questions I'll 25 to let the next developer do on this corner property Page 54 Page 56 I try to answer them for you As you can tell and as I've 1 maybe have a dr~ve where there would be a cross access 2 told you, we've been around a long time and we're going to 2 right here 3 try to do a good job We've always enjoyed work~ng up 3 MR ENOELBRECHT Rlght 4 hcn'e Thank you 4 MS GO[IRDIE okay Thank you 5 MR ENOELBRECHT [ think we do have Mr 5 MR SMITH You're welcome 6 Moreno 6 MR FNOELBRLCHI with regard to the s~gn and 7 MR MORENO YeS sir, Mr Ellis, what about 7 I don't know ~f this *s a quest*on for you or staff what 8 that area between your site and Emery Street? What's 8 ~s tile size el the current sign ~ Is it 60? 9 going to happen to that? Yeah, right there 9 MR ELLIS I believe it's larger than that l0 MR ELLIS That I do not know because we re not 10 It's qmtc a b~t larger than that 11 buying their property 11 MS VlERA It IS 5 X 18 12 MR MORENO YOU re not buy~ng that property* 12 MR RLI( [IIIART 6 X 18 really 13 MR ELLIS NO, we're only buying the pad site t 3 MR I NOELBRFCHT SO It'S 1089 14 up front 14 MR FLIIS Yes sir 15 MR MORENO JUSt the pad 15 MR ENC, ELBRECHT okay So basically what you 16 MR ELLIS Mr Porter still owns the rest of 16 d~d was they had two 60's ~f they'd had tndlwdual lots 17 the property It's my understanding that the back of that 17 Ma REICHHART lhcy could have up to 60 18 property is going to require a substantml drainage 18 square feet 19 nnplovement when this develops I don't know what will be 19 MR ENGELBRI CH'I Right So we went to 108 20 going back there 20 for one as opposed to two 60's which ~n essence you lost 21 MR MORENO ^11 right sir Thank you 21 some mass 22 MR ENGELaRECHT MS Oourd~e 22 MR REICHHAR~I COrll~t 23 MS OOURDIE Thank you Where were you 23 MR ENtJELBRFCHT They d~d Then my question 24 proposing to have the two separate signs? You're 24 ts agmn and I know you've been around th~s c~ty a 25 requesting two separate signs in order to close your deal i 25 long time You've heard all the talk about signs and one PLANNIlqG AND ZONING 5-24-00 ROUGH "- -- Page 53 - Page 56 14 CondenseltTM Page 57 Page 59 1 of tile big issues ~s the amount el mass that there ~s for 1 area 2 those things So if two signs am necessary what would 2 Ma [ NOFLBRECHT All right Mr Rlshel you 3 bc the sort of minimum you could hve with9 45 square 3 had a question ~ 4 feet a piece, what? 4 MR RISHFt Yes Mr Ellis I guess th~s has 5 MR ELLIS well, our problem again gets back 5 kind of thrown me I didn't ever see th~s piece of 6 Io the fact we were told 60 square feet was allowed and 6 properiy being developed as multaple th~ngs I always 7 that's what we sold them at I don't have a deal with my 7 kmdofenvlsioned~tbemgdevelopedaltogether SoWs 8 two buyers ff I can't live with that, as I explained to 8 a httle different concept than I had been kind of looking 9 Mr Porter awhflo ago Ifwecan'tge~that then 9 at tths pmcess as it was gomg along Thlsmaybea 10 possibly we can build a project and possibly we can't 10 question fei Mr Sahnon and I m not quite sure One of 11 budd a project We'd love to come m with them but 11 the things that I m concerned about ~s the stacking or the 12 w~thout operators, we're not going to build them, 12 cuing elf of Umversay and whether or not them% some way 13 obviously If I was an operatoi I wouldn't build ff 1 13 to get some sort of a turn ~n lane there so we can get that 14 didn't have separate signs, ff I was going to operate it 14 traffic off of there and thea onto the street safely 15 because it wouldn't make money 15 I always kind of thought that th~s piece of 16 MR ENGELBRECHT somehow there was a sale 16 propm ty would be developed altogether and there would be 17 process going on and this thing was going through the 17 eaher some sort of an alleyway towards the back of that 18 staff 18 that would go over to Bonnie Brae or some other way of 19 MR ELLIS well when we contracted to buy 19 accessing that I'm concerned about the nmnber el opening 20 the property from Mr Porter originally since none of us 20 that we m going to have along the State h~ghway and ~f 21 knew anything about the street and the problems, we should 21 we're going to see another six or eight mom bus~ness 22 already had this thing open and be done with tt When we 22 propest~es developed along them wluch we'd like to see 23 turned up the property and had some problems w~th the 23 developed along there but I'm just concerned about the 24 street dedication that had been through that never had 24 munber of driveways that we're now going to be putting out 25 been put fl~rough, we started working that out But we 25 onto Umvers~ty and what s that going to affect that whnlc Page 58 Page 60 I packaged the project and did our feasibility back at that I p~ece ~n them and what the process of the State and us 2 time based on the mformatmn that we received from the 2 working together in developing how far out that ~s If 3 City from the sign deparanent as to what we wore allowed 3 you can stay right them Mr Ellis maybe Mr %ahnon can 4 for the two pieces of property Had we have come In and 4 help me with that 5 platted this individually, we would have got 60 square 5 Ma s^l MON Yeah First of all of course 6 feet 6 they proposed tile driveway they ye got based on the 7 That's why I told Mr Porter that maybe he 7 locatmn of the ex,sting median opening And ~f the 8 needs to get him another developer and sell them off 8 adjacent piopcrty came ~n to develop l mean they're 9 individually because we're going to buy them mdlmdual 9 correct we wouldn't allow another driveway untd you got 10 We're not going to close tlmn together 10 down to thc next medmn opemng whmh is well m t,xcess of 11 MR ENOELBRECHT okay 11 300 feet which ~s our normal minimum requirement Also 12 MR REIOnlART ^dthtmnally to that though, 12 on University Drive the Texas Department of 13 60 square foot on a standard commercial development is 13 Transportation is planmng on wldemng that from a 14 correct But being a Planned Development, they have to 14 four lane arterml to a s~x lane arterml within the next 15 ~deaOfy the signage, the location and what it's going to 15 two or throe years 16 look like And again being a PD a's supposed to be a 16 MR aISH£L ^nd would we develop stacking 17 httle mom unique or creative or whatever There ~s mom 17 lanes m that at that point m tm~e? 18 flexibility on the esthetics of file s~gn If this was a 18 MR SALMON Perhaps Well the State won t 19 straight cmmnerclally zoned property that was already 19 install cuing lanes or deceleration lanes or whatever you 20 platted you could put a pole sign in 60 square foot, and 20 might want to call them But on the other hand with those 21 away you go 21 ~mpiovements being so close it s highly unhkely that the 22 MR ELLIS yeah We don't mind using file 22 State would approve tile construction el a cuing lane at flus 23 monumeot sign In fact we prefer the monmnent sign 23 point m tmle They generally don't allow alterations to 24 MR ENOELBRECHT okay 24 the existing road when they've got a pending because riley 25 MR ELLIS it looks a lot mom fitting to the 25 won't issue a permit for that kind of thing typically if PLANNING AND ZONING 5-24-00 ROUGH DRt~gT Page 57 - Page 60 15 Condenselt m Page 61 Page 63 I they ve got pending improvements i making access fbr every single mthwdual business which 2 MR RISHEL t flunk about what we did 2 Is going to want to access that 3 recently at the 7 11 on the Loop and McKmney w~th a 3 MR REICHHAR f one fl the things that tlus 4 stacking lane or a cuing lane in there in order to get the 4 detmled plan ~denufies ~s thc nmubcr of cross access 5 traffic so a will move at that light In the m~rsection 5 agreements both to the east and the west and to the 6 And that's State money also Is that not correct9 6 south So as tins Planned Development grows and we do ecl 7 Ma SALMOS well, they didn't actually add 7 more development there will be cross access throughout 8 onto thc road What they thd they built a specialized 8 th~s whole b~gger development that wdl be able to 9 driveway that allows a free right turn off the Loop But 9 disburse the traffic to dlflemut loeat~ons and i0 they didn t actually add any lanes or riley didn't actually 10 MR R[SH~I t Sea what appears to be kind of 11 widen tile Loop pavomeot itself They simply designed 11 an alleyway or a second staeet or something towards the 12 thmr driveway so that it had mom of a sweeping curve so 12 south end fl that plan and I'm just wondcnng If there's 13 that as you're driving on the Loop, you can make a free 13 some way to mcorpoiate that and tbe good design elements 14 right hand turn w~thout slowing down 14 that we try to do with our streets and how we can stdl 15 MR RISHEL one way into there It's not an 15 make It sale lot people to get ~n and get out properly 16 exiting lane, if I remember right 16 MR SALMON Again I tlunk one constraint 17 MR SALMON Yeah Right So it's mom of an 17 you'll have with this site, and 1 m even notmmg now 18 examg lane but it's not neaessanly a separate or an 18 looking at the other median opening there s a inlet that 19 addition to the road It was actually the way the 19 lines up right with thc median So you know part of thc 20 geometries of thc driveway And thet's not to say that we 20 ploblcm ~s unless the State pernuts the apphcant to 21 couldn't do something maybe a httle blt different with 21 actually completely np out the existing inlet and move 22 thc mdmses bore to allow that Although I think one 22 it, dley'm pmt~ much stuck with this particular mdms 23 it looks hke there's an existing inlet right next to 23 design they've got In fact frankly I would llke to sec 24 where they're proposing their driveway and that would 24 a larger ladms to allow people to tu, n in a little bit 25 piobablyprecludethemfronadomgsou~ethlnghkethat7 1I 25 easter But with that inlet bemg therc Ijustdon'lsea Page 62 Page 64 1 store did how they could do thai 2 MR RISHEL or move it back 2 MR RISHEL [f the driveway was on the other 3 MR SALMON well, right I mean yeah, I 3 side of the inlet would that be more feasible for that to 4 suppose you could move the driveway but then it wouldn't 4 happen? 5 necessardy hne up with the or there's a possthlhty 5 Mn SALMON But then it wouldn t line up wah 6 I suppose, that they could have some kind of a right In 6 thc median opening and you wouldn't be able to make left 7 driveway and then their exit driveway would line up w~th 7 turns ~n fi out 8 file lnedian opening where then that wouldn't allow people 8 Ma RISH~I tqight 9 to turn left into the development 9 MR bALMON which I guess ~s 10 MR RISHEL One of the things that makes the 10 MR RISI-JFL Once again, maybe two driveway 11 driveway scenario work up at the Albertson's Just a little 11 openings, one lot coming ~n traffic and one for going out 12 b~t further up the street, and the Kwik Lube that's in 12 traffic that would In fact hne up at that 13 that particular location, is the fact that you have 13 MR SAI MeN well that's a possible scenarm 14 actually two chlveways, ~'ea driveways m that whole 14 but I think even d you }lave an entrance driveway down 15 scenmio But there's also the hght there that has 15 here what that would do ~s preclude anyone ff someone 16 slowed traffic down considerably so that you can get onto 16 was warning to come here from the east part of town they 17 ~t 17 wouldn t be able to turn left into the development 18 What I see now ~s traffic coining off the hght 18 which 19 and coming through here at a fairly extensive rate of 19 Ma antcmL,~mr would force then~ down to 20 speed and, at certain tunes of the day, this could be a 20 tile mtersectxon to do a U mrn to come up and get atto 21 mol bottle neck in trying to 8ct on there or ~ntu the 21 the propeity 22 driveway from there And I'm concerned about file safety 22 Mit mSUrL well I m thinking eventually 23 aspect Somewhere between, I tlunk we want to promote 23 both the property to the east and the west of this 24 bus~ness and development of the p~ece of property, but I'm 24 property am going to be developed and so I'm trying to 25 concerned that all along here we're going to have to be 25 find a way that we can find some sort of way acccssmg PLANNlrlqG AND ZONING 5-24-00 ROUGH r~o t,~v Page 61 - Page 64 16 CondenseltTM Page 65 Page 67 I both of these properties w~thout havmg multiple entries I and you could have high peaks and such we dxdn't bohr,vt 2 And ff we have to find a way of doing that at this point 2 that tile total traffic generated frmn this s~te would 3 In rune and still be able to cross the median that would 3 warrant that Iowa el ~mpmveumnts to Umverslly 4 certainly be an appropriate thing And I can tell Mr 4 considering all the way up and down Umvers~y 5 Flits ~s working hard at trying to make that happen 5 I don't behove there's any deceleration lanes or very few 6 because ho obviously would hke to see the same thing 6 deceleration lanes Plus the anprovements that wi,wv coming 7 MR SALMON YOU know, I guess we've stewed 7 very shortly 8 over this, hke the apphcant said, for about a year now 8 Mt~ RISHEL I think by the nature of the 9 And Imean, short of nxlmrmg them to mstall the~r 9 pmductthat's commgln hem Ithmkwehavea dlffemnt i 0 driveway on Bonnie Brae now or mqmrmg them to move one 10 character then we have with a lot of other properties 11 of these ~nlots, I mean, we could always reqmro them to 11 We'm talking about a car wash We m talking about 12 build a larger mdtus or a larger driveway and sunply 12 people that leave a car wash that s wet We m talking 13 reqmm them to move the inlet and get a beaer radms I 13 about people that want to enler at a h~gh rate of speed 14 mean I think that's m your purwew but I think ~t's an 14 onto a h~ghway that already has too many cars on ~t and 15 expense that they mn t planning on 15 they have wet tiros and they have water dripping off their 16 Ma a~SHI~L well I'm looking at what we had 16 car I sea problems happemng hem 17 stated m our backup as 240 tr~ps per day coming m and 17 MR ENtJEI BRF( WI Any other questions for 18 out of them and l pmsmne most of those am gomg to be 18 staff9 Mn Sahnon befomyougo I just canwemakc 19 probably between the hours of 7 00 m the mormng and 7 00 19 l'm assuming that someone leawng is thcthly can make 20 at mght That's a lot of tr~ps m a hour People drop 20 a clean right torn Into the outer lane, file slower lane of 21 off clothes m the morning and ptck them up m the 21 Umvm slty Drive going eastbound`) 22 evening It's probably fairly conceotrated And Pm 22 Mtt S^UMON well, that Is one option I 23 seeing some high speed traffic coming ti:tough them What 23 th~nk obviously you don t have the inlet constraint on 24 is the speed limit at that point? 24 the outbound lane You know we could work with them to 25 MR SALMON I thmk ~t's 35 2'5 have a larger radius at least on the outbound lane to Page 66 Page 68 i MR RISHEL okay I've got two lanes to work I allow people to make a freel right turn out 2 with ~s all and I have no way of turning m there safely 2 M~ CSC, E~m~FC~T okay Any other I have 3 and getting out of there safely I lUSt see that we're 3 one other questioa for the petmoner I nouced and I m 4 creating some major thff~cultles on something, on a road 4 assmmng you did that for security I noticed the 5 that we're already trying to say is soraethlng we want 5 photograph you showed earlier had the cod of the cm wash 6 people to be able to pass on rather freely 6 facing the stmet I behove 7 MR SALMON well, I guess my only answer 7 MR LLLIS Yes 8 would be that I think there am some constraints here that 8 MR I~ NGb. LBRECHT And this particular design 9 really keep them from maybe budding thc driveway thc way 9 you have tile bays ~ you will facing tile street 10 we would really hkc them to do ~t Thc othea issue is we 10 MR Ft LIS 1 hat chromates the problem Mr 11 do have pending improvements coining up that wall make it I l Wdhams suggested awhde ago See there's no place them 12 slx lanes And I guess our staff's recommcndatmn was to 12 fo~ anybody to hide And also we've ehmmated tht, drying 13 go ahead and allow thread to have this driveway like th~s 13 shed that we used to build years ago that let people pull m 14 knowing the unprovements were cmmng And when that 14 and dry and dry off their cars 15 happens you know, they'll change the inlets and some of 15 MR ENGELBRECHT Thc other aspect of that is 16 these issues may be taken cam of then 16 I know the~e~s sort of a front yard street yard here on 17 MR RISHEL ,',nd how far out do we expect that 17 thc plan Yeah right up by the street there's a 18 to be? 18 landscape street yard if you w~ll Again as you ve 19 MR SALMON l behove tbat that project is 19 heard earher this evening w~,'ve been working on design 20 scheduled for ~t's either 2002 or 2003 20 cnterm for braidings and what they look hke facing thc 21 MR RISHEL That S tnnely 21 sm'et and that sort et thing What am you going to have 22 MR ENCoELBRECHT Did yOU want to make a 22 ~n them and i d~dn't make a out on the detad ~n terms 23 cotmnent? 23 of planting matermls and that sort of Ihmg9 24 MR REICHHAltT And, agaln as we went through 24 MR LI LIS whatevei the staff mcomaneads 25 ORC and mmewed this, although the total traffic numbers 25 We've got no problem We'd be glad to do whatever you PLANlqlNG AND ZONING 5-24-00 ROUGH DRAFT Page 65 - Page 68 3.7 Condons~ItTM Page 69 Page 71 I like lor landscape 1 Ma EN(JF[BP, FCHI aight But what's being 2 MR ENGELBRECHT Okay Ms Vlera, can you 2 requested then ~s the one what the peatmner ~s asking for 3 just shde it up to show the street area there? 3 ~s the one on tbe left and the one way on the far right? 4 MS VIERA I would say that th~s -- what I'm 4 MS VIERA ub huh 5 trying to show is just a tabulation for landscape 5 MR ENGELBRECHT okay I wanted to make sure 6 MR ENGELBRECItT Yeah 6 we understood where you were asking for them at 7 MR REICHHART show them the desxgn 7 Ma ELLIS t d like to separate them out the 8 MS VIERA The design9 8 two of tbem wbme sea ~f we're not going to put them 9 MR ENGEI BRECHT Yeah, just the design 9 s~de by s~de 10 There you go 10 MR Esi,Fl Bi~Lcm okay Mr Rlshel thd ynu 11 MS VIERA okay Basically, what they are 11 have another questmn ~ 12 pmpostnglselm, slxelm, fouroaks They are also 12 MaEIS~nL yeah Mr Elhs I hope you gel 13 proposulg shrubs 13 m my context here that I m trying to lind ways to make 14 MR ENGELBRECHT Okay I was Just trying to 14 th~s happen 15 get some sense of the perspective from the street yard 15 MR ELLIS Yes s~r I appreciate that 16 MR ELLIS I believe this meets or exceeds 16 Ma RISHEL and we want to promote bus~nes~ 17 requirements, doesn't it 17 and yet we want it to be safe both for your people leaving 18 MS VIERA Yes 18 your I mean I hope that our objecave is that when 19 MR ENGELBRECHT Okay 19 riley leave riley m going to be able to come back someday 20 MS VIERA Basmally, they have 20 percent of 20 So they can get out of the driveway safely and come back 21 cover as a plantable area 21 the next week and p~ck up their cleamng Tell me about 22 MR FNGEI BRECHT All right While you have 22 thc cleaners themselves ls th~s a drop off and pick up 23 that up there or if you'd put that other plan up, could 23 pmnt o~ ~s processing going on at the cleaners9 24 you mark on there where you wanted those two sxgns9 I 24 ME ELLIS ~4o this ~s a full plant 25 think If that comes up later - 25 MR RISHFL ()kay %ometones I know that Page 70 Page 72 I MR REICHHAR~I This plan ~deat~hes where the I there's smells or odors that arc assocmted with dry 2 two s~gns would be if you're sitting on rather side of the 2 cleaning Ilas that bean ehmmated? 3 entryway 3 MR FIllS ~hat's bean covered Yeah th~s 4 MR ELLIS That would be the one The other 4 has got thc state of the art equipment in u The clotht,s 5 one would be over we over parked so we can take a parking 5 arc put in dry They're taken out dry There's no odin 6 spot out here and we could kill this parking spot here and 6 When they get the clothes out, there s no odors 7 put it over in this area here We might want to move it 7 MR RISHEL NO smells that are emitled from 8 over a little bit to keep it from interfering w~th whatever 8 the plant There s washers or cleaners or whatover else 9 ~sbufltoverherclataron 9 MaEtLIS NO s~r And~tmcctsallthef~,^ 10 MR ENOELERECHT okay Well, one of the 10 lectmrcmeats 11 reasons I asked that, as Mr Reichhart pointed out on 11 ME t~ISH~L okay Thank you very much Il 12 that eastern property It's showing on that island right 12 there's any way to do some sort of a cmng lane as you exit 13 across from where the other one is 13 th~s palt~cularly with wet t~rcs and cars and dripping 14 MS VtEan Yes Let me explain to you Th~s 14 stxtff would that be something you'd want to make sure 15 ~s the most updated plan that they submitted When they 15 happened m yom plan9 16 hrst came, they had two signs proposed Alter DEC we 16 MR I LEIS we'd have no problem wah changing 17 went through and smd, well because we know what the 17 thc ~ adms on that far s~de I don't llnnk the wet t~res 18 Planning and Zoning Commission m~ght think about ~t we 18 ~s gomg to bca p~oblem because thc way ~t s designed 19 would recormnend just a combined monmnent sign Again 19 there's not going to bc any wate~ running out to thc 20 th~s ~s a Po we have that flex~bthty Again, this is a 20 street 21 type ot piece meal development so we wdl try to keep the 21 Ma RISHLL NO I a~'ea wah you there I m 22 s~gns to the mm~mmn 22 just thinking about a car tbat leaves I know I 23 MR ENOELBRECHT okay So at this point one 23 occasionally run by and g~t my truck done and when I 24 ~s on 24 leave i don t always have tone to w~pc tt oil You don t 25 MS VIERA Rlght now, accorthng to the 25 have a wipe off area you inentloncd PLANNING AND ZONING 5-24-00 ROUGH P" ' ~ Page 69 - Page 72 18 Cond~ns~It m Page 73 Page 75 I MR EULIS well we have the wipe off area I back 2 but ~t's not covered so you're not going to be there very 2 MR ELLIS Yes 3 long 3 MR RISHEL I don't know what percentage el 4 MR RISHEL I wouldn't be there at all on a 4 pickup trucks we have m town but it's that's how you 5 day like today And so you dr~ve on down the road With 5 clean it And when you accelerate out of the parkxng lot 6 a pickup track you kind of tend tn leave water runmng 6 you tend to want to leave a lot of water where you 7 out the back of the truck and so now I'm leaving a lot of 7 accelerate from and for the next 30 or 40 or 60 foot down 8 water on Umverslty and I'm endangering other vehicles 8 tile highway And so l see tins is creating some expected 9 that are coming along there also So I'm concerned about 9 hazards for our cmzens 10 the people that are entering the street and I'm concerned 10 MR ELLIS when you come out of the car wash 11 about rile people that are on the street already that 11 you're going to be heathng south When you come out of 12 aren t expecting to incur water on the street at some 12 those bays and make a turn you've got quite a distance 13 point m the day And I just see that as a dangerous 13 about 175 feet before you get to the street 14 combmatloa 14 MR RISHFL bo you re saying we should have 15 One of the filings that I had heard is maybe 15 an acceleration lane ~n the car wash9 16 stone sort of a rumble zone that might help shake off some 16 MR EL[ Iq yeah that's what I'm saying 17 of the water as they would leave that wash area I think 17 We've das~gned thean we don't don't do the postage stamps 18 that m~ght be a good ~daa I'm just trying to grab for 18 anymore Incxdantally th~s design wah the open air de,al 19 straws of things that m~ght help us to facilitate the 19 wdl do two to three times the volmne we used to do wah thc 20 construction of your area and still make it safe beth for 20 old ones Jusl file fact it's a different group of people 21 our citizens and the people that are your neighbors that 21 comma to ~t 22 frequent your location 22 MR ENOELBRLCH 1 ^ny other questions for the 23 MR ELLIS we'd love to do a larger radius 23 petltloner'~ We ye been on fins about 40 minutes 24 there It would make it easier to turn out ff the Highway 24 then'o's a mai safety problem maybe we should contnme 25 Department and y'all would both agree to It I've never 25 fills NO9 Ali rxght Mr Mol'eno thd you have a Page 74 Page 76 1 had a problem with water staying on a self-service car I quemon? 2 wast I have at the full-service where we braid the big 2 r~u MORENO Yes please Mr Elhs tell me 3 puddle washes But I've never had much problem on the 3 again what the objection ~s to the shared sign 4 self-serwce or have never had a complaint back from any 4 Ma ELLIS well if we do a shared sign 5 of the cities of that being a major problem 5 who s going to own the sign? Who's going to mamtmn 6 MR RISHEL well, I agree and a different 6 Who's gnma to it s lust a real problem I don't tlnnk 7 locatlorl like you have on Elna or any nmnber of other 7 that the people that I've got m the prelect wdl stay m 8 locations that are out there, but this is a State h~ghway 8 it with shared signs It I was the buyer I wouldn't bny 9 and it's two lanes and you're very restricted on how 9 ~t w~th a shared sign 10 you're gnma to pass through there And tf our speed 10 ~na ~OUESO YOU would not* 11 hmtt ~s 35, Ithmkthat I would almost guarantee that 11 Ma ~ltts NO sir 12 the average speed gnma past that particular location any 12 M}~ MO~ENO why'~ 13 gtven pomt tn the day ts 45 mdes an hour Idon'tthlnk 13 Ma FillS well I'd pretty well want to 14 I could verify that very easily but I think that would 14 I'm gnma to spend that much money for a p~ecc of 15 probably be the gist of what we see in that partzcular 15 property I'd want to control what gees on my pioperty 16 area So I'm concerned about that 16 MU MORENO okay 17 MR ELLIS YOU know, one thing that wxll help 17 Mil } LLIS 'the dry cleaners ~s going to 18 that a lot, if you'll notice the d~stance we have the car 18 exceed well over $1 mdhon to put m That's a lot of 19 wash off the street 19 money to put ~n ff you can't advertise it In fact ~t s 20 MR RISHEL 1 did notice that 20 going to be about $1 3 mdhon It's got to work or we 11 21 MR ELLIS We*re about twlee, over tv/lee what 21 have an empty braiding sating there 22 the normal car washes xn town were We learned that the 22 MR MORENO Ihank you, sir 23 hard way 23 MU FSOE[UaECHT on the fl~p s~de of that 24 MR RISHEL And I know that a pmkup truck, 24 Mr Eths who mamtanls file Iomt drlveway~ 25 when you wash the thing off, loads up with water in the 25 Ma gl LIS The joint driveway would be PLANNING AND ZONING 5-24-00 ROUGH n~ ara' Page 73 - Page 76 19 CondcnscltTM Page 77 Page 79 I maintained each would ummtam their own porhon of ~t I petmoner had asked tor signs To me there's the 2 MR ENOELBRECHT It'S going to be sold with the 2 question of ff somebody wants to make that motion n'q 3 property hne right down the middle? 3 not only the s~gn but ~t's the size of thc sign and the 4 MR ELLIS Yes, sir 4 type of s~gn, hke monmnent versus pole versus whatever 5 MR ENOELBRECHT okay Thank you 5 MR REICHHAP, I could be Yes 6 MR ELLIS l'hlilnk you 6 MR LN(JELBRFCHT secondly there was 7 MR ENOELERECHT Any Other questions 7 discussion about increasing the radius of the egress ls 8 Cmmulssioners9 Is there anyone present who would hke to 8 that something that wc would just put as a condamn that 9 speak ~n favor of this petitmn'~ Anyone present to speak 9 staff would work on as ~t moved forward? 10 m favor of the petition? In that case, ~s thc, co anyone I 0 ME RFICHHART Yes 11 present who would like to speak ~n opposition to th~s 11 MR ENC~ELBRLCH 1 okay Any other contht~ons? 12 petmon? Anyone present to speak ~n oppos~tmn to the 12 That's the two that come to m~nd to me Was there 13 petition9 Securg no opposition rebuttal period is 13 anytluag else thscussed ~ 14 wmved The pubhc hearing is closed Ms Vtera, any 14 MS OOURDIE can we make sure that what they 15 hnal staff remarks? 15 p~oposed [or the facade to be ~s what ~t ~t s not 16 MS VIERA ~O I don't have any final 16 wralenmhere We re assmnmg on good falththat 17 remarks 17 where ~s a? It s not on here 18 MR ENGELBRECHT okay And, actually, I 18 MS V[FRA [ W~II say that tli~s case has to 19 would m this case, I'll ask Mr Sahnon, Mr Relclthart 19 bc thc,y have to be subject 'to the interim regulations and 20 you've all been revolved with th~s particular ease in 20 they need to provide a plan Those design elements will be 21 answering questions of the Conumsslon Any other final 21 actually staled on the plan so basmally the City Councd 22 staff remarks? 22 wfll have the chance to rcwcw those Soit'snota they 23 MR REICHHART NO 23 don't have to prowde ~t however at tlus point ~n tune 24 MR ENOELBRECHT okay Mr Sahnen, any final 24 The detailed plan doesn't make them have to prowde a 25 staff remarks w~th regard to this case from your 25 MR REICHHAR~I we're go~ng to get there Page 78 Page 80 I perspeetive9 All right Ms Gourdie 1 D~t's put it that way But we could also makc thc 2 MS GOURDIE I do have one question on this 2 elevations that were presented tonight part et this 3 that I had hem It says proposed 20-foot sidewalk and 3 package and ~f the applicant has any problem w~th that 4 public utility easement allow one sign for each side and 4 And so we'll just include the elevations in the ordinance 5 easement, ts tt in there9 I'm lust curious what this really 5 MS GOURDIE Thank you 6 means Do you see where I'm talking about9 It's at the 6 MR ENGIzLBRLCH ¥ Would be a potential third 7 very - okay 7 condition Mr Momno, do you have a question ~ 8 MS VIERA 1 don't see tt from my copy but I 8 MR MORENO Yes On the h~ttng legend, 9 beheve that I can find tt tn here 9 what's a hahde wall pack9 10 MR REICHHART r)ependmg on the final outcome 10 MR REICIlHART Metal hahde is a -- and I 11 of the sign, we can have that struck 11 alway~ get the hghttng styles conlused I don't know tt 12 MS GOUR. DIE well, I just want to know tf 12 the apphcant can help 1,nc out Is that the pink light or 13 this is what he wanted m thc flrst place and tt's sttll 13 thcycllowlight~ Metalhahde It's the style of 14 on there so I was just kind of curious what -- we've got 14 hghtmg, it's -- maybe Thomas could kill himself getting 15 conflicting messages happenmg here 15 down here 16 MR REICHHAR~I It IS 16 MR MOR[~NO IS It going to shine towards thc 17 MS GOURDIE okay 17 neighborhood9 18 MR REICHHART We can have that removed 18 MR RLI( HIIART NO They did a photogramattc 19 MS GOURDIE so tf we choose to permlt htm to 19 hghtsptll, ttyouwdl, andttstops It's shtelded so 20 have two signs, then - 20 tt doesn't go elf the property 21 MR REICHHART That's okay then 21 MR RI%HEL thomas is anxious to tell us 22 MS GOURDIE That's okay And tf we choose 22 MR GRAY Yeah, ][ tripped coming down here 23 not to, then that needs to be removed Okay Thank you 23 MR RISH[~I It looked like a Dick Vau Dyke 24 MR ENGELBRECH r I might ask staff, there 24 move to me 25 were conditions d~scussed with regard to s~gns The 25 MR GRAY I felt like President Ford lot a PLANNING AND ZONING 5-24-00 ROUGH r,,, · ,~- Page 77 - Page 80 2O Condensolt m Page 81 Page 83 1 moment Metal halide Is a type of high intensity thscharge I abut residential would have a fence to keep I can see 2 light It Is unlike sodmm vapor or mercury vapor :t 2 the direction that we've oriented our car wash Thos~. 3 doesn't really have a color It shines white It's 3 hghts from that are going to be shlmng right in these 4 generally used ~n stathums and other places where they need 4 people s backyards and front yards and whatever else as 5 as true a whttc hght as possible But it's just a type of 5 thc streets are over here 6 lighting 6 MR MORENO AS well as the headhghts from 7 MR ENOELBRECHT DeC8 that answer It, ~ 7 the cars 8 Moeeno? 8 MR RISHEI Yes exactly And so as you pull 9 MR MORENO YeS Thank you 9 into there I see something that I mean occasionally I l0 MR ENOELBRECHT Are you satisfied with that9 10 have to wash my car at night and so I can see some 11 Okay Ms Gourthe 11 thfhculty We don't - the property nmnedlately behind ] 2 MS OOURDIE That brings up another quesnon 12 this Is not residential There's a pretty good size p~ece 13 Being that it is a true white light, we know that it flows 13 of open space there but I still see quite an annoyance tor 14 better when it's that way, ~s this going to, even though 14 the neighbors there And, as I say I want to preface 15 there's undeveloped land beV,veen the homeowners and this 15 that with tile fact that I'm trying to find ways to make. 16 proposed development, are we going to have diffused hght 16 this work for the developer and the neighbors that want to 17 mtn these people's backyards9 Being that it isn't really 17 use this site and I think it's an ideal spot for that type 18 covered It's an open design 18 of thing And I reference only the car wash part 19 We've got estates here vacuum stand with 19 MR REICIIHART YOU could put additional 20 buckler awnings, two at eight feet high output fluorescent 20 you could put fencing reqmmnents to the south side of 21 lights wtuch who knows what that means But eight foot 21 tths development I think file reason staff hadn't 22 h~gh so It's coming down so you've get a lot of space m 22 proposed that was that we re trying to integrate this 23 between there I'm just wondering are we going to get into 23 whole Planned Development ~nto one as opposed to boxing ~t 24 hght d~ffuslon that should be not in people's backyards 24 np 25 MR REICHHART AS with any conu~aerclal 25 MR RISHEL Rlghl Page 82 Page 84 I development that has hghtmg, I think you wdl get light 1 Ma REICHHARI The other optmn, there's a 2 diffusion You won't get the dncct hght Thesehave 2 lot of open green space there that we could plant some 3 been destgned so you won't get the pinpoint lighting You 3 evmgrccn trees or more dense vegetation that would help 4 will notice off in the thstance that it's hghter now 4 screen file lighting 5 The measurements that were identified on the hghtmg plan 5 MR RISHEL I like that idea much be~r than 6 that was submitted mthcated that by file tnne you got to 6 the fence ~dea that I lluew out there I hke the ~dca of 7 the property line, it was down to less than a quarter foot 7 ~t being mom open 8 candle I think, or even less than that which ~s very 8 MR REICHHART we can work with staff I 9 nominal It shouldn't - 9 mean, ~f you're wdhng to work with staff to develop a 10 MS OOURDIE okay Let's just say once this 10 landscaping plan to screen hghtmg to the south 11 ~s budt and it's up and running and if it's more than a 11 MR R£SHI [ And I referenced at one point 12 candle light or whatever you're talking about and these 12 just the car wash but now that I look a httle closer at 13 ne~ghbols are being affected by the light, how do we 13 the parking for the cleaners I see that part in the back 14 remedy the sauatlon? 14 pa=krug probably being employee parking but I also see a 15 MR REICHHART Typically, what will happen is 15 cleaners that's open extended hours sometunes And so 16 they wdl we wdl get a call that I'm getting light ~n 16 whea they go to leave Jor work they're going to turn 17 my bedroom And we will go out and measure the hghtmg 17 then hghts on Once agem they're right in the back 18 And additional shielding or thffereot hghtmg wdl have 18 there So 11 we could do some sort of hedging or bushes 19 to be added to the placed out But typically you can 19 or something as opposed to a fence, I would certainly be 20 just do addmonal shielding 20 amenable to that in trying to find a way to make this work 21 MS CJOURDIE okay Thank you 21 MS (JOURDIE Dnesn't our Landscape Plan 22 MR ENOELBRECHT Mr Rlshel 22 require screen of parking hghts w~th a live bush'~ 23 MR R[SHEL I m sorry Is there a fence in 23 Mn REICHHART screening of parking but not 24 the back of this property? I mean it seems like every 24 parking hghts not if you're talking headhghts 25 other p~eae of commercial property that we have that would 25 MR E~OELnaEc~t r well, I think there s PLANNING AND ZONING 5-24-00 ROUGH ~ Page 81 - Page 84 CondenscltTM Page 85 Page 87 I another issue If you look at the site for 90 $ this is I would hke to hms the amount of slgnage on here and [ 2 only the northern portion There's a southern portmn 2 would certainly hke to find a way to have the potential 3 which eventually would be constructed which would be more 3 owners look at flus as aoue s~gn thing I see the single 4 appropriate for that pcrmaneat screen So I guess my 4 sign solution being very appropriate in strip shopping 5 question to stuff is if we're requesting some sort of a 5 ceutors much b~gger developments than what this ~s and 6 screen m here, can we say to some extent that this be a 6 that would certumly be an acceptable alternative 7 vegetative screen that could be removed at the point of 7 MR FNOELBRECHT Then there's no condit~on I 8 that there's futm'e development to the rear? 8 don't think ts needed There's already one single monmnent 9 MR RISHEL I live that ~dea 9 s~gn of 108 square feet there 10 MR ENOELBRECHT The staffwants to sec that 10 MR R[SHEL That would suffice for me as they 11 this Is all brought together ultimately m sort of one I 1 have ~t now as long as they can work out ownership on a 12 piece and we don't want to piece meel it up And at the 12 The next part of that recouunendatmn would be that a 13 same tnne, there's interim protection for the residents 13 vegetative screen be placed at least m the parking areas 14 That's what I sec we're ~cymg to do here 14 of what would be the south boundary of the properties 15 MS VIERA chamnan as a part of the PD 5 [ 5 MR ENGELBRFLHT would that be w~thm a point 16 one of the condaions that this Planned Development has is 16 when there was a permanent screen along Emerson9 17 to have a screemng fence along Emery Strec¢ So 17 MR RISHEL Isth~svegotat~vesomethmgthat 18 eventually when the whole tract will be developed, that 18 would be not part of the landscape reqmrmnent that would 19 wfllbeafence But at thls tune the apphcants am 19 already be there? Or fl they d hke to make a part ol 20 only developing the northern part of the tract That's 20 the landscape and leave It them permanently that would 21 why we didn't request a fence along Emery 21 be fine too So I don't want to make ~t removable it 22 MR REILHHART BUt I think we can easily make 22 they d like to use ~t as thmr allowance That s fine with 23 the condition vegetative screening until such tm~e that 23 me 24 permanem screening is in place along the street or 24 MR ENGELBRFCIIT well I have some question 25 something like that 25 about whether you want to make it as the allowance because Page 86 Page 88 I MRENOELBRECHr ~rhere you go Okay If I thea you can move a ot~ the front to the back 2 that s a way to do it Okay Any other questions fo~ 2 MR RISHbI okay I understand 3 stafl'~ If not, is there a nloBon9 3 MR MORENO Mr Chairman 4 MR RISHEL 1 would like to make the motion 4 MR FNGELBRECHT Mr Moreno 5 MR ENOELBRECHT Mr Rlshel 5 MR MORENO FXCUSe lrte What I'm seems on 6 Ma RtaHEL I movo to rccormnend approval of 6 th~s s~te plan ~s that at least a porhon of the southern 7 Z 00 002 with the following reconuneadations that the final 7 boundaries are landscaped already 8 egress bo detenmned with our ?lannmg staff and the 8 MR r<is8~[ yeah ~f they'd like to structure 9 owner s reconunendatlons that the help me on the 9 that so tts at the parking that would be hne w~th me is 10 signage How d~d we structure what we were looking at 10 what I'm saying 11 s~gnage WlSC? J l MR REICHHARI And the motion could simply be 12 MR ENOELBRECHT well as I had mentioned 12 just to work with staff to increase that landscaping to 13 earlier it seems to me that if we wanted to do two signs 13 provide the buffering for hghtmg 14 the applicant had indicated the locations They had also 14 Ma alSHEL ^pproprmtely at parking 15 indicated that they wanted to use monument signs Then the 15 MR REICHHAR I tJntd such tune that a 16 question is what slze9 They had requested 60 That's the 16 pe~maneat scieen ~s tn place 17 stundard Do you want to do less? The one sign proposed by 17 MR FNGELBRECHT I m assuming that's JUSl 18 stall was 108 I don't know 18 lush enough to stop headhghts of cars 19 MR RISHEL [ m looking for direction 19 MR RISHEL Yes Sll Yes SU And the 20 MR SmCD~R well, I think what you nught want 20 fourth part of that reconuncndatlon would be that the 21 to do hist is detx:nmne whether you want the one or two 21 elevations of the buildings would bc as shown and ploposed 22 signs Did yom' mo'non intend to ~nclude the two signs? 22 m our meeting hem today 23 MR RISHEL Yes 23 MR EN(JFLBRELHT okay We have a motion wah 24 MR SNYDER or the one sign9 24 condmons Do we have a second9 25 MR R[SHEL l really feel strongly that we 25 MR MORFNO [ 11 second PLANNING AND ZONING 5-24-00 ROUGH D° "~" Page 85 - Page 88 22 CondenseltTM Page 89 I MR ENGELBRECHT okay We have a motmn and I hold a pubhc heanng and consider making 2 second Motmn to reconm~end approval with contht~ons The 2 o C~ty Councd rcgarthng a detaded plan for 3 outbound rathus staff will work on that, vegetative scmea 3 acres m Planned Development 170 Planned I 4 and the elevataons as presented th~s evening Was there 4 176 zonm The 5 another condition? Did I get thmn all? 5 generally located southeast of the 6 MR RISHEL Yes slr 6 Gl Road and Teasley Lane ~s to 7 MR ENOELBRECHT Any d~scusslon on the 7 develop a ~ farad3 8 moaon'~ Mr Rtshel 8 appmmmatel lots At ttus tnne pubbc 9 MR RISHEL Yeah I'd hke to say I 9 heanng and w~th the staff 10 appreciate the fact that Mr Eths ~s a proven developer 10 mpolt 11 I think that this ~s a needed elemeot for flus 11 MR (JRAY noted this is a 12 neighborhood I m glad to sec hnn taking advantage of 12 m fact tin'ca separate 13 this As I say, it's developed a little bit differently 13 concept plans both Gl ~y 14 than I anta¢lpated and I thmk that eventually Mr Sahnon 14 For that mason tins ¢ to the 15 will figure out a way to make our water coming off of 15 interim reg alans lor 16 there work when we wtden the road So I think m the year 16 PO 176 PD 170 and er) i : Aprd 8th of 17 2003 we're going to get that fixed for you 17 1998 which is file c f for the lnternn n 18 MR ELLIS Before y'all have a vote I know 18 The located m southeast 19 ~t's out of order I ask you if you 11 table th~s motion 19 Here roughly ~r : southeast southeast of Tea~ 20 to the next meeting because ~f y'all approve tt the way 20 21 you ve got ~t with the single sign, that means it's ge~ng 21 on th~ north s~de ~s tht~ 22 to take two-thirds vote for the Council to 22 the east C~ty of Corinth r 23 MR SNYr)ER NO, a won't 23 ~tone at Oakmont so a ~s m a rapidly developing 24 MR ECl IS That's not true? 24 res~dentml area Ilm'e ~s a copy of the concepl or 25 MR RISHEL NO Sir 25 rather the detaded plan Alltold Ithmktheyare Page 90 I MR ELLIS okay I g bke 845 o~ 846 lots Open space 2 MR RISHEL They could change what I've 2 prowded as well as 3 recmmnended 3 plan In fact some of the recreatmnal s 4 MR WILLIAMS l'o~nt of order We have a motion 4 thin corridor ngbt here 5 on the lloor 5 land was the ¢ pubhc park 6 MR ENOELBRECHT Mr Wllhams, you have a 6 lmld 7 MR WILLIAMS Y~ I'm gotng to be voting 7 The ~s 8 against thts motion based upon safety Umverstty ~s the 8 And rite land 9 cruise capttal of Denton for teenagers and I don't think a 9 use ~s consistent wah At 10 car wash is ~n the best interest of file youth of thts c~ty l0 the tnne tbe staf~ ri we were not prepared 11 on Umvers~ty I don't thtnk that there is very much 11 to recmmnend approval because we had some 12 economic developmeot for the total mt~zeas of Denton 12 concerns hrst of all Gl way for or 13 because there's not and I'm talking about the car wash 13 is 14 because you don't hire a bunch of people to work at a 14 shown here ; th~s 15 self service car wash So to me and hstenmg to th~s 15 ~ght here the apphcant 16 motion being - at this project being put together tt's 16 17 bad We spent as much time and much d~scusslon being put 17 18 m a cai wash as we put into major developments w~th many 18 19 manyhomesgomgm So for that reason Iwdlbevoting 19 L~RAY rheteaacrec 20 against th~s motaon 20 , and Robinson It ~s not part Gl 21 MR ENGELBRECHT Any other discussmn on the 21 22 motion? In that case, the morton ts to approve with 22 MR RISHIq It's hard to see when we're not on 23 contht~ons Vote, please Motmn Lames 4-1 (WILLIAMS 23 the docu cam 24 VO1EDNO) 24 MR GRAY mght It's right there It is not 25 '~"~'~; ---: .......'",9~-~ ;;-... '.~.~ '. '~ .,:__! 7] tox 25 part of flus detad~l plan but we had some concerns about PLANNING AND ZONING 5-24-00 ROUGlt r~u a n-r Page 89 - Page 92 23. ATTACHMENT 3 Staff has conducted an analysis of the proposed Project Plan as it relates to the reqmrement for a project plan ~dentffied ~n Section D-a (11) of the Ordinance 2000-179 Below ~s a copy of the ordinance reqmrements for non-residential developments A ~ indicates that the proposed project plan has adequately addressed the standards for a project plan Project Plan Standards Addressed Underground Utilities All developments must provide for underground utthty installation, excepting electrical mare sub-statlun feeders Interconnected streets Where applicable, all streets must connect to other streets at both Not Apphcable ends, or provide for the future counect~on when adjacent to undeveloped property Architecture The non-residential project shall employ an architectural design that is compatible with the physical dimensions and features of the subject property and with the adjacent land uses, based on the following factors · All buildings and structures comprising the project should have an mtegruted design, · Buildings generally shall be oriented toward the street, and mayor entranceway should face the street, · Bmldmg scale, including the height and bulk of structures, should be internally consistent and should be slmdar to the scale of adjacent non-residential structures, ~f any, · Mechanical equipment and storage areas shall be screened from the street and from adjacent residential land, · Facades should incorporate windows, jogs, offsets or similar features to provide visual d~verslty, · Roofs, alcoves, porticos or awnings should be used where feasible to protect pedestrian from the effect of climate, end · Building materials should be internally consistent and compatible with the character of the area in which the project is located, Garage door orientation and setbacks Garage doors should not face any adjacent Not Applicable street frontages, except alleys Where site limitations preclude the opportunity to orient garage doors away from the street, other design measures should be employed to screen or minimize xaslbdlty from public right-of-way Access management principles Should be employed to munmlze traffic flow disruptions on collector and arterial streets Street Trees One (1) street tree per 50 linear feet of lot boundary adjacent to a street Pedestrian circulation and linkages The project plan should provide safe and convenient pedestrian circulation appropriate to the proposed land use Pedestrian linkages to adjacent properties should be facilitated m appropriate locations Parking visibility Parking areas should be screened from public right-of-way to the extent possible When visible from the right-of-way, parking should be orgamzed in smaller sub-lots to avoid large, uninterrupted expanses of pavements Lighting hghtmg should be designed in a manner that will not sh~ne upward, minimizing the diffusion of light ~nto the atmosphere, and shall not shine on adjacent properties Traffic calming devices Approved traffic calming devines should be incorporated in thc Not Apphcable street patterns where appropriate Fences Fencing should be treated as a design element, and be visually appropriate for its proposed location Attention should be prod to detads such as use of quahfied mansory products and design features as secant columns, artmulatlon, or caps If used along an arterial or collector streets, consideration should be given to openings m fences to provide visual entry into the project area The use of berms ts encouraged Landscape area or art Landscaped features such as fountains, gardens, or other features that enhance the project are encouraged Art such as monuments or other sculptural objects that enhance the project may also be considered Such elements should be vmtble and/or access:hie to the public Tra~tsit facilities The provmton of bus turn-outs and covered seating areas for bus riders Not Applicable should be considered, depending on site location, levels of activities, and type of s~te wsltatlon 24 ATTACHMENT 4 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A DETAILED PLAN FOR 1 19 ACRES LOCATED WITHIN PLANNED DEVELOPMENT (PD-5) ZONING DISTRICT, THE SUBJECT PROPERTY BEING THE PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF UNIVERSITY DRIVE AND BONNIE BRAE STREET, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z-00-002) WHEREAS, Kwik [ndustnes, [nc, on behalf of John W and Margaret Porter, has apphed for an approval ofa detmled plan for 1 19 acres located w~th~n Planned Development (PD-5), and WHEREAS, on May 24, 2000, the Planning and Zoning Commmsmn concluded a public heanng as reqmred by law, after which a motion to recommend approval of the Detmled Plan was passed with condmons, and WHEREAS, the C~ty Council finds that the change m zomng ~s consistent with the Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Detailed Plan attached hereto and incorporated herein by reference as Exinblt "A" for 1 19 acres located wltlun Planned Development (PD-5), and more particularly described m Ex[nblt "B", winch ~s attached hereto and incorporated herein by reference, is hereby approved, subject to the following condmons 1 Architectural standards include the following (a) Ground slgnage shall be lamted to one (1) monument s~gn for both Sites A and B as depicted on the Detailed Plan and incorporated herren by reference as Exhibit "A" (b) Three and a half (3 1/2) foot tall vegetative screemng fence at the time of planting shall be provided along the southern boundary of Sites A and B (c) L~ghtlng shall be designed and mmntmned so as not to shine on or disturb surrounding residential property or to shine and project upward to prevent dsffuslon m to the sky SE(~TION 2 If any provision of tins ordinance or the appllcat~on thereof to any person or mrcumstance is held lnvahd by any court, such mvahd~ty shall not affect the vahdlty of other provisions or apphcatlons, and to th~s end the provisions of tins ordinance are severable 25 SECTION 3 Any person v~olatlng any prows~on of flus ordinance shall, upon conwct~on, be fined a sum not exceeding $2,000 00 Each day that a prows~on ofth~s ordinance ~s wolated shall constitute a separate and d~st~nct offense SECTION 4 Tins orchnance shall become effective fourteen (14) days from the date of~ts passage, and the C~ty Secretary is hereby d~rected to cause the caption of tins ordinance to be pubhshed twice m the Denton Record-Chrorncle, a daaly newspaper pubhshed m the City of Denton, Texas, w~hm ten (10) days of the date of~ts passage PASSED AND APPROVED flus the day of ,2000 JACK MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 26. EXHIBIT A STATE OF TEXAS COUNTY OF D~NTON XX Whereas John W Porter and Marga~e~ Porter are the sole owners of all that certain tract or parcel of land lying and being situated in the Robert Beoumont a portlon of that 10 055 Acre tract described in a deed to Rancho Vlsta Development Coa%oany as recorded in Volume 2695, Page 465, Deed Records of Denton County, Texas, (DRDCT) and being more ~artlcularly described as follows (Bearings referenced to the North right-of-way line of ~ery Street per Deed recorded in Volume 2695, Page 465, DRDCT) COMMENCING at a 5/8 inch "F. KA" capped iron rod round fo: corner at the Intersection of ~he north right-of-way line of ~ery Street (60 00 foot right- of-way), wl%h ~he east right-of-way line of ~onnie Brae (60 00' R O W THENCE North 00 degrees 06 ~nutes 39 seconds West, a dlstance of 405 30 feet along the East right-of-way line of Bonnie Brae to a 5/8 inch "~" capDed iron rod set for along a corner to a 5/8 inch iron rod ~et for cortez in the South right-of-way l~ne of University Drive West (U S Highway No THENCE South 89 degrees 45 ~nutes 03 seconds East, a distance of 195 58 feet along ~he S~u~h right-~f-w~y lin~ of said Univers~y Dr~v~ West ~o a 1/~ inch capped iron rod se~ for corner at the POINT OF BEGI~ING, TH~CF ~ou=h 89 degree~ 45 ~nutea O3 s~conds Eamt, a d~atanc~ of 226 00 feet along the South right-of-way line of sai~ University Drive West to a 1/2 znch THENCE South 00 ~egrees 14 ~nutes ~7 seconds West, through the interior of 10 053 acre tract a distance 130 00 feet to a 1/2 inch ~ron rod set ~or corner, TH~CE North 89 degrees 45 ~nutes 03 seconds West, continuing through the ~nterior of said 10.053 act= ~=ac~ a distance of 226 OO fmet =o a 1/2 inch T~ENCE North 00 degrees 14 ~nutes 57 s~cond~ Bast continuing through interior of 10 053 acre tract a distance of 230 00 feet to the POINT OF BBGINNIN~ amd containing 1 193 acres of land - 27 EXHIBIT "B" 28. AGENDA INFORMATION SHEET ~enda No. ~ Agenda Item~ AGENDA DATE: Sune 20, 2000 DEPARTMENT: Planning Department/~. CM/DCM/ACM' David Hill, 349-8314 ~ SUBJECT - SI-00-008 (New and Unlisted Use Car Rental) Hold a pubhc heanng and consider creating a defimtlon for and assigning a zoning classification to car rental estabhshments Car rental cstabhshments are a use not currently listed within the City of Denton's Zoning Ordinance The Planning and Zoning Commlssmn recommends that car rental estabhshments be allowed m General Retail (GR) zoning d~stncts (7-0) with conditions BACKGROUND Earlier th~s year, a Certificate of Occupancy was requested for a car rental estabhshment to be located at 803 West University Drive in a General Retail (GR) zoning thstnct The bmldmg official made the determination that a ear rental use closely resembled that of an open-lot new or used car sales estabhshment, which ~s not allowed m General Retail zoning d~stncts The request for the Certificate of Occupancy was demed (see Attachment 1 - Enclosure 1) The property owner appealed the bmldmg officml's decision to the Zoning Board of Adjustment, and on April 17, 2000, the Zoning Board of Adjustment granted the appeal and overruled the decision of the bmldmg officml (see Attachment 1 - Enclosure 2) The granting of the appeal essentially means that the Board has determined that auto rental is a use separate and different from auto sales Because auto rental ~s not a use listed or classified under the Zoning Ordinance, th~s matter was forwarded to the Planmng and Zoning Commission on May 24, 2000 for recommendation as required under Section 35-78 of the Zomng Ordinance (see P&Z Recommendation below) Council wall now consider amending the Zoning Ordinance to include the new or unhsted use P&Z RECOMMENDATION The Plannmg and Zoning Commission recommends the addition of "car rental" to thc Zomng Code with the following condmons 1 "Car remal" shall be defined as an establishment for thc rental of new or used passenger vehicles No vehicles shall be offered for sale on the premises Cleaning and maintenance of vehicles shall be screened from public wew If property ~s adjacent to residential development, all cleaning and maintenance of vehicles shall be done indoors A "Car rentals" w~th 10 or less rental cars stored at the location at any given t~me shall be a use by nght m the General Retail (GR), Commercial (C) Central Business (CB), Light Industrial (LI), Heavy Industrial (HI), and Planned Development (PD) zoning districts and land use classifications B Estabhshments that store more than ten vehmles at ats location shall be a use by right ~n the Commercml (C), Laght Industrial (LI), Heavy Industrial (HI), and Planned Development (PD) zomng districts and land use classlficat~ons and shall be allowed in the General Retml (GR) and Central Bus~ness (CB) zomng districts and land use classfficat~ons with an approved Specffic Use Permit (SUP) 2 Vehmle Rental estabhshments that lease or rent new or used vehmles but that do not meet the defimt~on of "car rental" shall be a use permitted by right ~n the Commermal (C), L~ght Industrial (LI), Heavy Industrial (HI), and Planned Development (PD) zomng thstncts and land use classfficat~on Please see the attached draft ordinance (Attachment 3) for the proposed worthng of the adthtmn to the Zomng Ordxnance OPTIONS 1 Approve as submitted 2 Approve w~th conditions 3 Deny 4 Postpone consideration 5 Table ~tem ATTACHMENTS 1 Planmng and Zomng Comm~ssmn Report, May 24, 2000, SI-00-008 2 Planning and Zoning Comm~ssmn m~nutes from May 24, 2000 3 Draft Ordanance Respectfully submxtted D~rector of Planmng and Development Prepared by Planner I ATTACHMENT 1 PLANNING AND ZONING COMMISSION STAFF REPORT Subject Newand Unlisted Use Car Rental Case Number SI-00-008 Staff Thomas B Gray, Planner I Agenda Date May 24, 2000 ACTION Hold a pubhc hearing and consider making a recommendabon to the C~ty Council regarding the zomng class~flcabon of car rental estabhshments Car rental estabhshments are a use not currently hsted w~th~n the C~ty of Denton's Zomng Ordinance PURPOSE AND APPLICABILITY Secbon 35-78 Classification of new and unhsted uses It ~s recogmzed that new types of land use w~ll develop and forms of land use not anticipated may seek to locate m the c~ty In order to prowde for such changes and contingencies, a determination as to the appropriate classification of any new or unhsted form of land use shall be made as follows (1) The building official shall refer the question concermng any new or unlisted use to the planning and zoning commission requesting an ~nterpretatlon as to the zoning clasmficatlon ~nto which such use should be placed The referral of the use ~nterpretat~on question shall be accompamed by a statement of facts hst~ng the nature of the use and whether ~t revolves dwelling act~wty, sales, processing, type of product, storage and amount and nature thereof, enclosed or open storage, anticipated employment, transportabon requirements, the amount of no~se, odor, fumes, dust, tomc material and vlbrabon hkely to be generated and the general raqu~rement for pubhc utlht~es such as water and samtary sewer (2) The planmng and zomng commission shall consider the nature and described performance of the proposed use and ~ts compabbihty w~th the uses permitted ~n the various d~stncts and determine the zomng d~stnct w~th~n which such use should be permitted (3) The planning and zomng commission shall transmit ~ts findings and recommendabons to the city council as to the classification proposed for any new or unhsted use The c~ty council shall by resolution approve the recommendation of the planmng and zomng commission or make such determination concerning the classification of such use as ~s determined appropriate based upon ~ts findings Page 1 of 3 3. BACKGROUND' Earlier th~s year, a Certificate of Occupancy was requested for a car rental estabhshrnent to be located at 803 Wast Umvers~ty ~n a General Retail (GR) zomng d~stnct The bu~tdmg offictel made the determination that a car rental use closely resembled that of an open-lot new or used car sales estabhshment, which was not allowed ~n General Retail zomng d~stncts The request for the Certificate of Occupancy was darned The property owner appealed the building official's decision to the Zomng Board of AdJustment, and on April 17, 2000, the Zomng Board of AdJustment granted the appeal and overruled the dec, stun of the buildIng official (see Enclosure 2) The granting of the appeal essentially means that the Board has determined that auto rental ~s a use separate and d~fferant from auto sales Because auto rental ~s a not a use hsted or classified under the Zomng Ordinance, th~s matter ~s being forwarded to the Plenmng and Zoning Commission for recommendabon as required under Section 35-78 of the Zomn9 Ordinance C~ty Council w~ll then consider amending the Zoning Ordinance to ~nclude the new or unhsted use STATEMENT OF FACTS. A car rental estabhshment ~s a fac~hty for the rental of new or used automobiles Act~wbes occurnng on s~te are generally hmited to the handhng of transactions relabng to car rental and the temporary storage of rental vehicles According to ~nformatlon prowded by the apphcant (see Enclosure 3), the estabhshment w~ll have approximately 75 cars Most of the t~me, only about 6 cars w~ll be stored at the car rental site at any g~ven t~me The apphcant would hke to have between 12 and 15 spaces tO store cars on slow rental days No cleamng or repair of cars w~ll occur at the s~te The number of employees on-s~te w~ll be between 2 and 5 The Institute of Traffic Engineers' 1991 Tnp Generabon manual does not have a class~ficabon for automobile rental estabhshments It ~s expected that the estabhshment will generate a moderate, but not excessive, stream of traffic as rental cars are rented out and returned Enwronmental impacts such as no~se, odor, fumes, and the hke would be mostly generated by car traffic to and from the s~te and are not expected to be d~sproport~onate to the same types of ~mpacts generated by other retail and service estabhshments allowed w~th~n General Retail zoning dlstncts Ubht~es required to serv~ca th~s type of use are not expected to be any d~fferent for any retail or servme type use of a similar size Page 2 of 3 4. RECOMMENDATION Staff recommends that the Zomng Ordinance be amended to ~nclude "car rental," w~th the following conditions I "Car rental" shall be defined as an establishment for the rental of new or used passenger vehicles No more than 10 rental cars shall be stored at the Iocabon at any g~ven bme, and no vehicles shall be offered for sale on the premises Cleamng and maintenance of vehtcles shall be screened from pubhc wew If property ~s adjacent to residenbal development, all cleamng and maintenance of vehicles shall be done ~ndoora 2 "Car rental" shall be a use by right ~n the General Retail (GR), Commercial (C) Central Bus~ness (CB), L~ght Industnal (LI), Heavy Industrial (HI), and Planned Development (PD) zomng d~stncts and land use class~ficabons 3 Establishments that lease or rent new or used vehicles but that do not meet the defimtion of "car rental" shall be a use permitted by nght ~n the Commercial (C), L~ght Industrial (LI), Heavy Industnal (HI), and Planned Development (PD) zomng d~stncts and land use classifications SUGGESTED MOTION I move to recommend that Secbons 35-76 and 35-77 of the Zomng Ordinance, Chapter 35 of C~ty Code, be amended as follows 1 "Car rental" shall be defined as an estabhshment for the rental of new or used passenger vehicles No more than 10 rental cars shall be stored at the Iocabon at any given t~me, and no vehicles shall be offered for sale on the premises Cleamng and maintenance of vehicles shall be screened from pubhc wew If property ~s adjacent to residential development, all cleamng and maintenance of vehicles shall be done ~ndoors 2 "Car rental" shall be a use by right ~n the General Retail (GR), Commercial (C) Central Bus~ness (CB), L~ght Industnal (LI), Heavy Industrial (HI), and Planned Development (PD) zoning d~stricts and land use classifications 3 Establishments that lease or rent new or used vehicles but that do not meet the defimtion of "car rental" shall be a use permitted by nght ~n the Commercial (C), L~ght Industrial (LI), Heavy Industnal (HI), and Planned Development (PD) zoning d~stncts and land use classifications ENCLOSURES 1 Letter from Building Official dated April 4, 2000 2 Letter to apphcant dated April 18, 2000 3 Letter from apphcant regarding operations of car rentals Page 3 of 3 221 N Elm * Denton, TX 76201 * Telephone (940) 340~8360 * FAX (940) 349-7208 Building Inspections D~lslon Consumer H~lth / ~de Enfo~ement DNislons Apnl 4, 2000 John R Porter 20t 6 Locksley Ln Denton, TX 76201 Re 803 W Umvers~ty Dr Dear Mr Porter Your request for a Certificate of Occupancy for an Enterpnse Rent-a-Car establ~shment at 803 W Umverslty has been darned because of ~mproper zomng on the property The property ~s currently zoned General Retell which prohibits new or used car sales m the open Even though Enterpnse Rent-a-Car ~s not ~n the bus,ness of car sales their use closely resembles e car sales lot G~ven th~s close resemblance, I have determined they must comply w~th the same zoning requirements as a new or used car sales lot It is my understanding that several Certificate of Occupancies were ~ncorrectly ~ssued ~n the past for car sales at this location Unfortunately, these C/O's were ~ssued in wolabon of Section 35-77 of the C~ty of Denton Zoning Ordinance and do not consbtute a nonconforming use status If you should have any questions regarding th~s matter please do no hesitate In calhng me at 349 8360 6 ENCLOSURE 2 ~ CITY OF DENTON, TEXAS CtTY HALL WEST. 221 N ELM · DENTON, TEXAS 76201 (940) 349-8350 · FAX (940) 349.7707 · DFW METRO 434-2529 April 18, 2000 Mr John R Porter 2016 Locksley Denton, TX 76201 SUBJECT: ZBA-00-020 (803 West University) Mr Porter Thas letter as to reform you that the Zomng Board of Adjustmant, at its meeting on April 17, 2000, granted your appeal of the deelsmn of the City's Bmldmg Official regarding has deterrmnatlon that a ear rental establishment is stmflar an nature to open-lot auto sales, whaeh are prohibited in General Retml (GR) zomng The granting of the appeal essentially means that the Board of Adjustment has found that auto rental as a use separate and different from auto sales Because auto rental as not a use specifically hsted or classified under the City of Danton's Zomng Ordinance, the matter will need to be forwarded to the Planmng and Zomng Commission for recommendation as reqmred under Section 35-78 of the Code of Ordinances, regarding new and unhsted uses Staffwfllwork w~th you on setting a lametable for flus process A copy of fins letter will be forwarded to the Bmldang Inepectmns Department I am available to answer any questions that you may have concerning fins appeal My phone number as (940) 349- 8504 Planner I pc Todd Garrett, Enterpnse Rent-A-Car - "D~,~,t~ to ~uahty Serwce" ENCLOSURE 3 To Thomas G-ray From Todd Crarrett, Ope~ations Supervisor Emarpnsc Rent-A-Car Re Operauons of New Enterpnse Location, g03 West Umvers~tY Date 19 May 2000 Our location's expectations are as follow~ * we expect to have approx 75 cars wenonnallynmapprox 92% on any lpve~ day, leavmg6cers, someofwtuchwlll be m the shop fox oil changes, tire rota~ons, ere we will need only 12 to 15 parlong spaces to cover unusually bad rent days we will be using loc, al colnpanle~ tn Denton to wash and serxuce our cars, none oftbas will be done on site we exlcmct to have 3-5 employees ,, operauon hours will bc Monday-Friday ? 30am to 6 00pm and Saturday 9 00am 1o Noon ~ we expect to be m th~$ location as long as our business warrauts us being there If you have any other quesuous or need clanficatlon on any of the above items, please feel to call me at 817-329-1112 cxt 127 ATTACHMENT 2 ~ ~., Page 179 think SF 1o lS the reasonable answer on all this property I hold a pubhc hearing and consider making a reconmlcndat~on 2 And I happen to say that we tend to around everywhere else 2 to City Council regarding a zoning classlfiCanon of car 3 in our city, do transitional development And so I m 3 mn,al establishments Car rentals are a use not currently 4 fascinated why this piece wouldn't be considered 4 listed w~thln the C~ty of Denton's Zomng Ordinance Tile 5 transitional development, especially considering it IS gems 5 applicant has requested to allow car rental establishments 6 to be zoned Neighborhood Center which does chance the whole 6 '*~thln the City's General Re,ad zoning classification At 7 comple0( of the c~ty of th~s area Which, of course is 7 th~s time I'll open the pubhc hearing and ask Mr Gray to 8 different from what ,t was back in '71 8 prowde us with stafl report Sir 9 I can't ~n a good heart know that this IS the 9 MR UP. Ay Thank you and good mormng Tlus is 10 right thing to do Something needs to be done w~th this 10 really something that we'll handle as a text amendment to 11 property and I don't tlunk si: to Is the answer 11 the Zoning Ordinance We currently do not ha'~e a usc 12 MR ENOELBRECHT Mr Rlshel 12 classification for car rental agencies Just to g~'*e you a 13 Ma ~Ei~lon'~ten~llll] ~roperty 13 background earher in the year a certificate of occupancy 14 probably eve~to~l~.~ ll~e s~:glo I d~ appreciate the 114 '*as requested fora car rental to be located up on West 15 fact that Mr~la~l~sgo~he~ur 29.1k31 yenrs to 15 University Ch'es Mitchell our budding official dec,ded 16 develop the rif~'~ffdships and alliances ha has with his 16 that a car rental was a use very snmlar to open lot new or 17 neighbors and tlgy have stuck together as a group as they 17 used car sales so he demed the certificate of occupancy 18 look at this piece of property and what's surrounding them 18 The apphcant went to the Zomng Board of Adjustmult to 19 And I think they have put a lot of thought into developing a 19 request an appeal The Zoning Board of Adjustment grant~xl Z0 strong friendship In that neighborhood and I very much 20 that appeal and overturned the budding ofhcmls dcc~s:on 21 appreciate that 121 What that basically raeans ~s that the ZBA hns found that car 22 I think ff some builder comes along and finds a ' 22 rental does constitute a use separate and different from car 23 way to work with the neighbors ~n some way, maybe put the 23 sales 24 park wbere they are, there's ways of trying to get th~s ,24 The next step than ~s to take th~s to the 25 developed Into something else And I think it will develop 125 Planmng and Zoning ColmTass~on for a recorm'nt.ndatlon as Page 1781 Page 180 I nlm something else eventually but right now, we have a 28 ! I reqmred by our orthnance for new and unlisted uses Aad 2 opposmon 28 percent opposition from the neighbors that 2 from here, th~s will go onto City Councd If approved thc 3 are m this area I respect that tremendously As I say, I 3 Zoning Ordinance will be amended to ~nclude car rental and 4 think that there's an oppormm._~ h~r._..~.,orrt~lder to come 4 to place it in a pamcular zoning category 5 along, to put s~hl~rw~ to'~a~t ~lld be very 5 Staff reconm~.ends that the Zomng Ordinance be 6 ,nnovattve, tha~w~l~rk ~[ nelgll.~rs ina way that 6 amended to include car rental w~th seine conditions Nmnber 7 they had not b~a::~al~/'bC~ol~ and t'ffid a way to make 7 one car rental should be defined as an estabhshmeat for 8 this work Because I think, I hnnly beheve that it's 8 the rental of new or used passenger vehicles No more ,h'm 9 probably not an appropriate sF 1o thing but I think that 9 ten rental cars shall be stored at the locatmn at any g~vea 10 there's ways that builders can work m try to work and 10 nme And no vehicles shall be offered for sale on the I 1 mit~a~ the dalnages that are going ta be seen by the I114 premises Cleamng and mamtenance of ~,eh,cles shall be 12 ne~ghbod,ood and the people that are already ~ And I 12 screened from pubhc view And if the property is adjaceat 13 think that I'd like to see our C~ty Council respect that 13 to res~dentml development all cleaning and maintenance el 14 Thank you xehmles shall be done indoors 15 MR ENOELBRECHT Mr Wllhams 15 Th~s definmon furtbemmre should be a use by 16 MR WILLIAMS At this point In time I don't 16 right in the General Retail Colmr, ercml Central Busn',ess 17 think we have tl~ Infrastructure for this development I am 17 Light Industrial, Heavy Industrml and Planned Development 18 one of those folks who turns left on Audru off of 288 to 18 zoning thstncts and land use classifications So ~n other 19 take a shortcut to Ryan High School and the streets are bad 19 '*erda, anything from General Retail on up And then 20 Something needs to be done with Audru and I just don't think 20 cstabhslunents that lease or rent new or used vehicles but 21 the city has the infrastructure for this development today 21 that do not meet the definition of car rentals perhaps 22 MR ENOELBRECHT Any Other comment? We have a 22 they're like U-Haul They'll rent trucks or they have more 23 motion to deny If you would vote, pleese Motion carries 23 than ten cars on the lot We suggest that they be a use 24 4 I (OOURDIE VOTED NO } 24 permitted by right ~n Conunerc~al L~ght Industrial Hea,.y 25 We'll move on then to I~a, No 13 which is to 25 Industrial, and Planned Development PLANNING AND ZONING 5-24-00 ROUGH IV 9 Page 177 - Page 18~ CondenaeltTM Page 181 Page 183 1 One thing ! would also like ~o point out is this cap rental business 2 the people here to speak m favor from En~rpnse 2 MR RE[CIIHART NO but I think that Mr 3 Rent a Car they, of coarse obviously are here to speak in 3 Powell's and if I'm wrong but he was basing that on 4 laver because they want their proper~ they want to put a 4 previous codes that he had worked with m other cmos 5 car rental on tholr preperty Butlwouldjustrmmndthe 5 MR FNGELBRELHT And the cgy ha came from 6 Coiranlsmon that this is not an amenchnent directed at any one 6 certainly knows the car rental business 7 group or for tbe benefit of any one group or for the 7 MR mSHEL well they know the taxi business 8 particular piece of property that this case ~s based on 8 but they do know the car rental business too 9 This ~s a text amendment that will affect all the zoning of 9 MR ENOLLBRECHT Mr Gray the way the taxt 10 the City as we classify uses So it's basically an 10 reads it says car rental shall be defined and estabhshed 11 amendment to the entire Zoning Code not just to one 11 for the rental of new or usexl passenger vehicles But the 12 particular piece of property 12 next sentence uses the term rental cars And then you 13 MR RISHEL Jllst u point of clanflcatmn, I 13 meot~oned in your backup the ~ssue el rental trucks but 14 can th~nk of at least a half-dozen car rental places m our 14 nowhere in here ~s the word truck used And so l'm just 15 cormnumty What ~s the mechanism that allows thean to be in 15 trying to understand precisely what type of vehicles will bc 16 operation or are they grandfathered in because of their ageO 16 allowed ~n General Retail ff this ts approved 17 MR ORAY I th~nk that normally I know of 17 MR GRAY I think our ~ntent is to hms it to 18 one I tlunk Budget Rent a-Car on Umvers~iy is in a 18 automobiles 19 Commercial zoning dis~'lct I think the Building Inspection 19 Mit ENtJELBRFCU'I And sport utdity vehicles and 20 Department has allowed that because open lot, n~v and used 20 p~ckups All ngbt % at tlus point 21 car sales are allowed in Coramermal zoning And so, 21 MR tJRAY O1 as in SUV s i guess 22 therefore, they feel that that use is a s~mdar use I know 22 MR ENOELBRECHT AUtos SUV S Okay And I 23 Advantage Rent a Car on Avenue C near the freeway that is 23 ask you we'll ask the other petitioner when he comes up 24 in a Planned Development That Planned Development doesn't 24 MR SNYDER Thei~'s another point of 25 specifically say anything about used cars And I asked the 25 clarification on that same point Page 182 Page 184 I bmldmg official today he's really not sure exactly how Ma E~O~t Imrc~x ~nr ?owell 2 that came about but he's not familiar with that project 2 MR POWELL ff I may we used we picked the 3 MR RISHEL I gUeSS IS thole a need for us if 3 term passenger velucle to include any of those that you just 4 wc looked at changing our ordinances a need to grandfathe~ 4 mentioned Passenge~ velncle menmng that it s prunarlly 5 in what is ah~endy ex~stmg~ 5 used to transport penple versus ~ransport objects %o you 6 MR aP, AY l don't think so because I think 6 could have a track even I know some of' the car rental 7 non conforming uses, unless we decide to amortize them are 7 places rent little pickup trucks They don't say for rent 8 still viable legal uses And, furthea'more I don't think 8 lei haul They're just like a lot et people buy those for 9 that since we're actually expanding our Zoning Code and I 9 their dmly coummte That would be allowed 10 don't really think we're contracting it s~nce we're adding 10 MR ENtJELBRI"CHI okay 11 uses just not there before %Idon'treally Icen't 11 MR POWLLL so that was our mtent Inthe 12 off the top of my head I can't think of an ~nstance where 12 second sentence the use of passenge~ car I guess we need 13 we need to grandfather 13 to take that change that to vehicle, also 14 MR RISHEL Thank you 14 MR FNOELBRECHT All right I just wanted to 15 MR ENOELBRECHT Mr Williams 15 ask Well and that brings up the ~ssue of the 15 passenger 16 MR WILLIAMS YeS Wheo I have asslgnmeots and 16 vans which folks rent That would be a passenger vethclc? 17 I have to come up with some kind of magic nmnber I try to 17 Mn POWELL YeS 18 look at it logmal How thd you come up with ten9 18 MRFNC,FLBRECHI okay Allnght And[ 19 MR ORA',' t came up with ten this is a 19 behove legal has a 20 discussion that I actually had with Mr Powell The 20 Mu SNYDFR well I had another point el 21 apphcant had requested a maxlmtm~ of 15 and Mr Powell 21 clarification The rentals that do not meet the definition 22 suggested five so ~en was split the thfference 22 of car rental we're recommending that they go in the other 23 MRWILLIAMS okay 23 districts Would those be any type of motor veh~cle or luqt 24 MR ENOBLBRECHT other questlons'~ 24 automobdes? 25 MR R[bHEL From B~vo people who don't know the 25 MR aP, AY when we wiota th~s 1 think I had PLANNING AND ZONING 5-24-00 ROUGH DR Page 181 - Page 184 CondenseltTM Page 185 Page 187 1 like U Haul or something hke that m mind Enterprise lor 12 years and I know most people get a plcmm 2 MR sr,rvo~ so I would suggest then that we 2 m their head of what a mntel car operation looks like and 3 have a defimtion of juat call it motor vehtele rental then 3 they get the picture el the Hertz at the airport or the Aws 4 MR RISHEL Yeah I could see a van being 4 at the mrport where you've got acres and acres of cars 5 ranted for a cmranermal use, too for the same purpose 5 The hometown rental business ~s a completely different 6 because their van got broken But they want to use a van 6 entity We don't operate m the same way We operate on a 7 for hauhng as opposed to passenger 7 very high utilization whmh ~s a very low number el vehicles 8 MR ORAY AS Mr Powell pointed out, this would 8 s~tt~ng on our lots at any one ume versus what an 9 actually create two thfferetu deflmt~ons one for the mom 9 mrport type opm atmn would typically run 10 resulcted car rental and then one more for the more 10 Our normal utthzaUon as ~n the C~ty of Dallas 11 msta-~ct as you said, motor vehicle rental or less 11 is typically 92 percent for a given month Our average size 12 restrictive motor velncle rental 12 branch ~s 75 to 100 cars at 92 percent occupancy wc'm 13 MR ENOELBRECHT okay Any other Mr 13 talking about eight cars at any g~ven time But there are 14 Wdhams 14 cycles m the business There am t~mes of the year a~'ter l 5 MR WILLIAMS ','es Could we put something m 15 holidays when we gc~ an abnormal nmnber of vehicles returned 16 there that ptohthlts commercial vehicles because that's what 16 that arc a little outside tbe normal cycle They usually 17 I don't see being prohibited m that? tn other words, to 17 don't s~t there long but there am those occurrences So 18 me a nme-passenger van is not -- to me that's mom 18 you may find that we end up In the 85 percent range or the 19 co~mnerclal than that's the way I'm looking at it In my 19 82 percent range 20 mind 20 I'm here to support now I appreciate the 21 MRRISHEL it secans to mo thet the murket that 21 staff reeommendmg approval on th~s I'm here to ask you to 22 they're shooting for is both the family market and a damaged 22 take a look at your ten car st~pulation m that we as a 23 velucle tuarket And I can certainly see someone like a 23 coinpany don't want to operate ~n any way outside of what 24 florist distrthutor that wants to have a van to replace the 24 st~pulations you place And by hmmng ~t to ten vehicles 25 one that got wiped out and be able to dehver things So I 25 there would, at some point mewtably be a tune when I've Page 186 Page 188 I think that fits in got leu cars sl~mg them It would not be lot a long 2 MR ENOELBRECHT Mr Rel¢lthart pointed out 2 period el tune but there would be that time and i want to be 3 something to me I think it's nnportant we think about and 3 strmght up with you The nice thing about the Enterprise 4 that is the fact that this ~s sort of an interim fix until 4 Rent a Car ~s that we've got 60 othe~ offices in the 5 we get the new regulations 5 Dallas/Fort Worth area And if for some reason the Denton 6 MR REICHHART The new Zoning Code will cover 6 oltice is gettang an absorbent amount of vehicles returned 7 th~s 7 we would not let those cars sit unut~hzed We would move 8 MR WILLIAMS SO In other words okay 8 them to other locations around the c~ty that would hopefully 9 MR ENCJELBRECHT This lS kind of short term 9 be able to utilize those vehicles 10 whach I wasn't thinking about either 10 And like I said I've been with the company 12 11 MR WILLIAMS okay Thank you That sells it 11 years We're located ~n about any place and every place you 12 MR ENGELBRECHT Mr Gray, any other comment9 12 could think of You probably don't even know we m them 13 MR Ol~,Y Just that we 11 probably forward this 13 We're very unobtrusive We don't 14 reconuneodatmn onto the compmheas~ve planner for them to 14 MS OOURD[F YOU look like brown paper sacks 15 decide what they want to do with it in terms of the new 15 huh9 16 Code But we'll cross that bridge when we get to it I 16 Ma ~:LVI~ILt yeah wc drive around m paper 17 guess 17 sacks You don't evea know we're there hall thc time 18 MR ENOELBRECHT okay Basically, the City is 18 Occasionally you'll wonder where all those cars came froln 19 the petitioner in th~s case so we've heard from the 19 but two hours later they'll be gone The faclhty itself 20 pettuoner Is there anyone present who would hke to speak 20 thtu we're talking about and I know we m not you're 21 ~n favor of this portion9 Anyone pmseat to speak in favor 21 talking about an overall zoning change But the facthty 22 of the petition'~ 22 we're looking at has been utthzed for car sales for a 23 MR KEYHILL My name ~s Mike Keyhdl I 23 mmther of y~ls obwously for a number of years And we 24 currently reside at 215 T~mberlake Way in Southlake, Texas 24 behove that our type of business fits well rote the General 25 I've actually been in town two weeks now I've beeu w,th 25 Retail category PLANNING AND ZONING 5-24-00 ROUGH I 11 Page 185 - Page 188 CondenseItTM Page 189 Page 191 I Most mttes we found do list it as an MR RISHEL A small retail location may be at 2 apphcatton or as an acceptable use in their General Rc~fl 2 Golden Triangle Mall It may be a small olflce but a has a 3 category And we would hope that you would consider that 3 lot of capabthty that's unused 4 you include it and as well take into conslderaaon the 4 MR EN£~Iq Bill ( HT EXCUSe ale ['111 mfen mg to a 5 ten car stlpulaaon Tham's other ways to control the 5 small ama zoned for Oen~ral Retail Yeah not a small 6 nmnber of vehicles I think they tried to by indicating 6 operation necessarily as you guys do I mean you do ha',e 7 that we're not allowed to sell our cars therefore you 7 smaller 8 can t sell a car ~f it's not s~ttmg th~n'e for sale We 8 MR KFYtnLt oh clearly and that's our mchc 9 don't sell our cars on our lots They're rental cars and 9 MR FNGELBRECHT well we appreclata that and 10 they're m and out So we would like your consideration on 10 we re work out what we can 11 tlus p~ece and ask you to please consider removing the I l MR KEYHILI one other thing 1 d bke to point 12 ten car st~pulatmn and control it ~n anothar fashmn And 12 out about if you want to control the vehicles one way to do 13 I think you begin to by say~ng we can't sell cars Tbey're 13 n reasonable ~s by gross vehicle weight You place ~n 14 not s~ttmg ther~ for any period of t~me 14 there that anyliung about X gross vehicle weight ~s 15 MR ENOELBRECHT COUUlUSSlOUerS, any questions9 15 lestncted That way you can eucompass all of your 16 Unfortunately a think a specific would help here 16 conmlercml velucles and you can still ~nclude the tim mt 17 MR KEYHILL A specific? 17 and the cargo van that she needs to rent oi the eleclrlcmn 18 MR ENiJELBRECIYI A specific to put m the place 18 and the cmgo van So you can do tt by gross vehicle 19 of the ten cars What terminology do you recmurnend? 19 weight 20 MR KEYHILL well when you put an arbitrary 20 MR LNGLLBRECHT ~hank you 21 nmnbm on something, you also have to look at the property 21 Ma KLYHI[ t ^ny other questions? 22 size that you're going to General Retail could have a 22 Ma FSCiE[BR'~C m' Is there anyone else present 23 20 000 square foot parking lot associated wtth it And I 23 who would like to speak m favor of th~s peta~on'~ Anyone 24 tb~nk you can hma it by dictating on a site by-sac 24 present to speak m favor of the petition? In that case ~s 25 spec~hc parking requirements for this size site or tins 25 there anyone present to speak ~n opposa~on to the petition? Page 190 Page 192 1 square foot of building is going to be hm~ted to this X Anyone present to speak In opposaion to the peta~on ? 2 amount of parking spots They do it m stap centers with 2 Seamg no opposalon the rebuttal period is waived Thc 3 restaurants they reqmre an X tunount per square foot and 3 public hearing Is closed And Mr Gray, now you can come 4 hmlt ~t m that fashion as opposed to putting an arbitrary 4 up as die staff not rebutting as a petmoner You rc back 5 nmnber on it Because ~f we want to look for a bigger spot 5 as staff Any anal remarks9 6 we would hope that wc would have rite allowance to have a few 6 MR (,RAY NO Mr Powell suggested that if we 7 more veblcles 7 have ~ssues regarding how many cars to put there or ~f wCm 8 MR RISHEL I th~nk Mr Keyhlll's given us stone 8 looking at a on a site by site baqls as to the number ol 9 tools to kind of work w~th This is kind of an example I 9 cars then we could consider a specific use perma 10 think of us as a City trying to dictate to a company what 10 rcqmmtneot If we would like to have control over each I l we think it s going to take for them to successful And I 11 mthwdual s~te In terms of lite number ol cars to be located 12 tlunk we owe a to both of us the City and the company to 12 on that sac we could require that car rental be allowed m 13 lind ways to let them be successful Why couldn't them be 13 General Retail wah a specific use pcmnt That carries a 14 40 or 50 cars with drivers that live here in our conunumty 14 site plan reqmrmnent 15 and retatl people that issue these things out and whatever 15 MR ENOELBRECH] what ff we have a mmunmn 16 else So I think we're hmamg ourselves by allowing a 16 number and then anything over that would reqmm a that 17 I like the concept of saying if we were operating out of 17 way we don't many ol them we wouldn't have to deal wnh 18 mall that that might be a different situation than If we 18 at all 19 wcm operating out of something on Ehn Street So I think 19 MR {aIL~Y Ihal would also work 20 that there's a formula that we might be able to get to to 20 MR 'zNOELBRFCIII okay Ms Gourd~e 21 find ways to make It work for everybody 21 Mb (JOURDIF I m just curious I don t 22 MR ENOELBRECHT Rlght Yeah, Ithtnk that the 22 understand why ff they're gmng mtn a location that's 23 issue hem is that the staff was worried about the snmll 23 already sethng cars why ~s this being considered m this 24 mtml locations You know that's where we don't want 40 24 moment9 25 cars Sli~lng ther¢ 25 MR ORAY tn t~flllS of their location9 PLANNING AND ZONING 5-24-00 ROUGH 1} 12. Page 189 - Page 192 CondenaeltTM Page 193 Page 195! 1 MS OOURDIE I gUeSS I've never seen y'all coine Gourthe Why not9 Why one group el business pet)pie who 2 forward Wll~h a dehmtmn for something I mean, two weeks 2 deal basically wah the same product can have as many as 3 ago we had a bed and breakfast come forward that was titled 3 they want to and another one cannot 4 as a bed and breakfast but we have no deflmtlon of bed and 4 MR SNYDER Uccause one lsm General Retad 5 breakfast We didn't do this for that We wont ahead and 5 and one is in Coimnmc~al I think that's the answer 6 put it through the syste~n without questioning what the 6 MR WILLIAMS okay Thank you 7 definition was And all of a sudden, we're definitions into 7 MR POWELL And ~f 1 may, that's what tile 8 tlnngs and we're not being consistent When we don't have a 8 budthng o~'hctal smd that used car sales or car rental 9 defimtion I m just confused as here they are saying 9 was exactly the same as car sales The Board el Adjustanents 10 they're going to go ~nto a ploperty that was already once 10 said no there s a dlflereace and that's why we're cmmng 11 selling cars which is designed to hold ntmlerous items there 11 MR WIII IAMq okay 12 and just because a's a rental car 12 MR POWFI I ^nd I know at s late but my point 13 MR ORAy well, alllcan saylsthatlf 13 is and the reason l had suggested there needs to be a 14 cars were once sold there but It was in violation of thc 14 mmunum, I don't agmn ff we look at their s~te their 15 zoning, as the letler from Crreg Mitchell 15 site m~ght be able to handle moro cars than ten 15 20 16 MS OOURDIE okay So it would have been 16 But what we re trying to do is provide for a regulatmn that 17 they can't be - okay Thank you 17 apphes across tile c~ty m cvcny ~nstance where General 18 MR ENGELBRECHT okay Mr Moreno 18 Retail zoning ~s on a property ex~stmg Picture a stop 19 MR MORENO Yeah On the ~ssue of the nmuber 19 center Mr Moreao I think your question of how many cars 20 of cars I'm just wondering isn't tP~re a mechanism for 20 can you have out there Mr Remlthart ~s right Thai 21 determining how many parking spaces a particular retail 21 parking area ~s there for customers for mnployees How 22 estabhsbauent can have according to its based on ItS lot 22 lnuch of that paikmg held are you going to allow them to 23 size? 23 have cars on? And I think a should be a small number I 24 MR ORAY dight There's a mechanism Right 24 don't think a should be a big number If it's a big 25 There's a rnechamsln based on the square footag~ of the 25 number then they need to go to Conunerclal They ~houldn't Page 194 Page 196 I braiding but in this case we'd need parking above and be allowed to do that m Geaeml Retad 2 beyond for the reqmrmneat for the cars Because normal 2 So that s what we tried to do w~th th~s text 3 retail estabhslunents don't they don't store cars on their 3 amonthnont If you re m General Retad there should be a 4 lot the way thru would 4 lmut I think some tlaeshold Maybe ten lsn t file number 5 MR MORENO okay 5 but it should be a small nmnbe~ If you want a bigger 6 MR REICHHART Because that's there product is 6 nmnber go to a Cotmnerclal arcs 7 the vehicle so ~t's how much product are you going to allow 7 MR ENGFEBRECHT Rlght Exactly 1 agree 8 tbem to store on their property bas~eally 8 totally w~th what you've lust smd In adthaon for those 9 MR MORENO okay Just a thought 9 few t~mes tile seasonal ~ssues doesn't lnean you can t park 10 MR WILLIAMS 1 gUeSS lb ther~ a mmunmn lot 10 dmn somewhere else, you can't have some COlmnerclal space 11 s~ze for an automobile dealership to have X amount of 11 somewhere that you put them m But the rest of the tune 12 vehicles? 12 It's got to be a smaller nmnber to be In scale w~th the 13 MR REICHHA2RT NO If they wanted to sell one 13 area Geaeml Retail area 14 car a day, I mean, they could have one car on the lot 14 MR ~,ow£t I ~rhe other thing ~s the Zoning £ ode 15 MR wi[ LIAMS NO no In othm words when you 15 one of the reasons wc re rewriting ~t not only because wc 16 go to an autolnob~le dealership you're going to buy one car 16 have a new Comp Plan because that th~ng ~s 30 years old 17 but you see 200 And what I'm saying is that's a storage 17 ~t's outdated Car rental has changed Like I say now 18 space that vehicles sit there Is there a lot s~ze to 18 they don t have big lots wah a bunch of cars They have 19 detoroune how many vehicles that an automobile dealership 19 just a couple of cars and we wanted to reSpect lhat lact and 20 can have? 20 g~ve them by light tile abthty to coine in and pull a 21 MR REICHHART There might be ~n the automobde 21 perma and be m bus~ness We tr~ed to make it easy for 22 world but for tile City of Denton we don't reqmre that you 22 them w~th some assurance that we weren't going to have 23 have 200 new vehicleS or anythmg hke that Wedon't 23 somcthlng we dldn't want to see Andmmymmd thatwould 24 require any mmunum nmnber 24 be 20, 30 cars sauna In a strip center waiting to be 25 MR WILLIAMS I gUeSS I m agreeing with Ms 25 rented ~LANN1NG AND ZONING 5-24-00 ROUGH ] 13. Page 193 - Page 196 Condons~It t M Page 197 Page 199 I MR ENOELBRECHT Rlght I do think that we I lor additional parking above ton rental vehicles an sue may 2 should point out, I mean, I recogmze the comments of the 2 bc 3 representative from the car rental business They are going 3 MR I{LICHHART only through aa sue 4 to have some seasonal fluctuations and that wdl be 4 Mb OOURDIE only through an sue Thank you 5 qomethmg we work out better w~th a final plan I can ~ell 5 MX RISH} L second 6 you right now that we know we have a couple of large 6 MR ~NG[~t BRECHT We have a motion and second to 7 retaders here that handle seasonal fluctoatmns by pulling 7 reconunend approval Any d~scussion on the motion ~ I'm 8 seur~ hailers onto their sites and stacking them 8 assmmng that when th~s goes forward t'.ney wall make tt 9 side-by side, which I'm not sure meats our Code either And 9 reatal vclucles all thc way through? Okay Vote please 10 so th~s is sort of a similar thing although I bchcvc they 10 Motion passes 5 0 Thank you Mu' Gray 11 nught look a little better But you might get away with ~t 11 MR OI~AY Thank you 12 dyoustorethemmsem~tra~lers That appears to be thc 12 MR ENO[qBRb~CHI okay Wc'llmoveontoltem 13 way that it's done Ms Gourd~e 13 14, hold a pubhc hearing and consider making a 14 MS OOURDIE smcc this is going to come 14 recolmnendanon to Cay Councd regarding the proposed 15 through with thc remston of everything, can't we just put 15 ~nvoluntary annexation and zoning of apprex~matoly 250 acres 16 n as an suI, now smea we know what that is, wc understand 16 generally located wcst of Sheraton Drive apprexmmtoly 3 600 17 the process? And then that way it will be taken care of 17 feet north of Loop 288 ~n thc extraterritorial lur~sthctmn 18 once thc new rewrite is taken care of And so these 18 of file C~ty el Denton Texas Thc proposed zomng at the 19 gentlemen can coine forward asking for the sue because they 19 rune of thc annexation wdl be Agncultt~ral At fins t~mc 20 are in a special sin.lotion They am on a lot that was once 20 111 open the pubhc healing and ask Mr Powcll to prowdc 21 auto sales They're not deahng with a small sa'~p mall 21 us w~th the staff report 22 which lct'ssayhkcthconconLllhanMlllerwherea's 22 Ma POWFI[ In your backup wc havc prowded you 23 Tm's and Red Lobster and you've only got limited parking 23 with a lot of mformauon On thc overhead ~s a map el the 24 They're not deahug m that kind of situation It's a 24 site that~s also contained ~n thc packet On page 4 is a 25 umquc usc that they're pu~ng rote a place that was 25 map et thc proposal We saw th~s at DR¢ let me find thc Page 198 Page 200 originally sort of for that usc So I think it just to 1 date on I~cbruary 24th The pre appheatlon lneeting was 2 move filings on but that's just my 2 held with the developers of th~s site L~kc I say on page 3 MR ENGELBRECHT 111 ask staff to address 3 4 ~s thc s~to plan There were proposing an arena horse 4 that Mr Rmcldmrt 4 arena w~fl~ stalls a four story five story hotal some 5 MR REICHHARf An SUP process by the tnne they 5 conune~cml and some single famdy residential We 6 got a sit~ plan got through the Planmng and Zoning 6 d~scussed w~th them tlus development Only the first 500 Conumss~on and City Council, might be a three month process 7 feet along Sherman Drive ~s currently w~th~n C~ty hmtts 8 which ;s fine I'm just pointing that out The other 8 The mst of ~t ~s m the C:ty s El J 9 option iS to do a mmlmmn Maybe o's ten or maybe ~t's 9 We d~scussed with the applicant that as pe~ thc 10 eight or maybe it's 12 or something, and then anything above 10 subthvlsxon regulations we would take tins to the Cay 11 that mnnber of parking spaces ~s an sup And that allows 11 Councd to get dncctions on annexation And on Mamh 28th 12 for the mm~mum that we're looking at for all General Retad 12 thc Cay Councd d~d d~mct staff to begin the proceathugs 13 areas And there could be one or two areas that could 13 fin annexanon lor this property We've had two public 14 accoimnodate more than that and the sup process would be 14 hearings at C~ty Councd The last one was last mght 15 approprmte for that So it covers both 15 Also at that meeting the developers or the proponents of 16 MS GOURDIE cet~S do it 16 the development talked to the Councd about the development 17 MR ENGELBRECHT IS thom a motion? 17 and their use of a County development d~stnct to finance 18 Ms GOURDIE HOW do you put that into a motion? 18 flus project 19 MR ENGELBRECHT I beheve there's a 19 1 wanted to show you on the Comprehensive Plan 20 MS OOI.~RDIE I mean, well to say I move to 20 map the property ~s right here whmh shows up as being a 21 recmmnend that Sections 35 76 and 35 77 of the Zomng 21 Nmghborhood Cento~ area That ~s why that the staff ~s 22 Ordmaea, Chapter 35 of City Code be amended as follows 22 rccormnendmg that ~t be zoned Agricultural, reconuneadat~on 23 MR ENOELBRECHT YOU can Just suuply state tt 23 lot the zoning with the annexation Pll answer any 24 as stated in our backup 24 questmns you m~ght have Again we do have a lot el 25 MS OOURDIE AS state. Al in our backup and that 25 mformatmn ~n tile backup ~n terms of annexation schedule PLANNING AND ZONING 5-24-00 ROUGH g 14 Page 197 - Page 200 ATTACHMENT 3 ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 35, "ZONING," OF THE CODE OF ORDINANCES, CITY OF DENTON, TEXAS BY AMENDING SECTION 35-76 TO INCLUDE A DEFINITION FOR CAR RENTAL FACILITIES AND AMENDING SECTION 35-77 TO ALLOW CAR RENI~AL FACILITIES IN SPECIFIC ZONING AND LAND USE DISTR/CTS, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE (SI-00-008) WHEREAS, on April 4, 2000, the bmld~ng official of the C~ty of Denton, Texas made the determmatton that a car rental estabhshment was slmxlar to that of an open-lot new or used car sales estabhshment and should therefore only be allowed ~n zomng d~stncts which permit open-lot new and used car sales, and WHEREAS, on April 17, 2000, the Zomng Board of AdJustment (ZBA) overruled the decision of the bmldang offimal, ~n essence determ~mng that car rental is a dmt~nctly separate and d~fferent use from open-lot car sales, and WHEREAS, m accordance w~th Sectmn 35-78 of the Zomng Ordinance of the C~ty of Denton, Texas, staff referred the question of car rental estabhshments to the Planning and Zomng Conumss~on for recommendation of claasfficatmn of new and unhsted uses, and WHEREAS, on May 24, 2000, the Planmng and Zomng Commission made a recommendation regarding the defimtlon of"car rental" and recommended allowing the same as an allowed use w~thm certam exmtmg zomng thstncts and land use classfficat~ons, and WHEREAS, the C~ty Counml finds that Chapter 35, "Zomng," of the Code of Ordinances should be amended to include "car rental" and prowde for ~ts allowance w~th~n certmn ex~st~ng zomng d~stnets and land use classfficat~ons, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SI~CTION 1 Sectmn 35-76 of Chapter 35, Code of Ordinances, C~ty of Denton, Texas, "Zomng" ~s hereby amended to ~nclude the following defimtlons 1 Car rental - restricted means an estabhshment for the rental of new or used passenger vebacles No more than ten (10) rental cars shall be stored at the location at any given t~me, and no vehmles shall be offered for sale on the premises Cleaning and mmntenance of vehicles shall be screened from pubhc wew If property is adjacent to resldentml development, all cleamng and mmntenance of vehicles shall be done indoors 2 Car rental - semt-restrtcted means an estabhshment for the rental of new or used 15 Page 1 of 3 passenger vehicles No vehicles shall be offered for sale on the premises Cleamng and mmntenance of vehicles shall be screened from pubhc mew If property is adjacent to residential development, all cleaning and mamtenance of vebacles shall be done indoors 3 Car rental - unrestricted means any establishment that leases or rents new or used vebacles for any purpose but that does not meet the defimtlon of"car rental" or car rental - semi-restricted" SECTION 2 Section 35-77 of Chapter 34, Code of Ordinances, City of Denton, Texas, "Zoning" is hereby amended as follows 1 Car rental - restricted shall be a use by right in the General Retail (GR), Commercml (C), Central Business (CB), Light Industrial (LI), Heavy Industrial (HI), and Planned Development (PD) zomng districts and land use classifications 2 Car rental - semz-restrtcted shall be a use by right m the Commercial (C), Light Industrial (LI), Heavy Industrial (HI), and Planned Development (PD) zomng districts and land use classifications and shall be allowed in the General Retml (GR) and Central Busmess (CB) zomng dlstncts and land use classifications with an approved Specific Use Permit (SUP) 3 Car rental - unrestricted shall be a use by right in the Commercial (C), Light Industrial (LI), Heavy Industrial (HI), and Planned Development (PD) zomng dmtncts and land use clasmficat~ons SECTION 3 Tlus ordinance shall repeal every prior ordmance in conflict herewith, but only insofar as the portion of such prior ordmance shall be in conflmt, and as to all other sections of the ordinance not m direct conflict herewith, this ordinance shall be and is hereby made cumulative except as to such pnor ordinances or portions thereof as are expressly repealed hereby SECTION 4. If any provisions of this ordinance or apphcat~on thereof to any person or circumstances is held mvahd by any court, such holdmg shall not affect the vahd~ty of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares that it would have enacted the remmnmg portions despite any such lnvahd~ty SI~CTION 5 Any person wolatmg any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provlmon oftlus ordsnance 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 mace in the Denton Record-Chronmle, a dmly newspaper published in the City of Denton, Texas, wlthtn ten (10) days of the date of its passage 16 Page 2 of 3 PASSED AND APPROVED tins the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ~'~~ Page 3 of 3 17. AGENDA INFORMATION SHEET AGENDA DATE: June 20, 2000 DEPARTMENT. Planmng Department ACM Dawd Hill, 349-8314 SUBJECT - A-99 (Sherman Road Arena &te) Consider adopting an ordinance to annex apprommately 254 acres generally located west of Sherman Dr apprommately 3,600 feet north of Loop 288 m the extratemtonal juns&ct~on of the C~ty of Denton, Texas, to approve a servme plan for the annexed property, to prowde a severabd~ty clause and to prowde for an effective date F~rst reading of ordinance (A-99) BACKGROUND The C~ty of Denton, as the petitioner, has ~mtmted the proceedmgs for the "Arena" s~te to be ~nvoluntanly annexed and zoned w~th a permanent land use designation and classfficat~on as Agricultural '(A) The property ~s currently undeveloped The first reading of the annexation ordinance (Attachment #1) reqmres a super-maJority vote for approval Annexation of the property w~ll not become effective until approval of the ordinance on second reading, whmh ~s currently scheduled to take place on August 1, 2000 The Comprehensive Plan ~dentffies th~s property to be within the "Neighborhood Centers" D~stnct These areas may develop m convant~onal patterns or may be developed ~n a pattern of 'neighborhood centers' The proposed development proposed consisting of 53+ acres for a 10,000 seat arena, 1,000 animal stalls~ parking and a multi-story hotel, 14-15 acres of commercial development, 156+ acres res~denttal (104 lots), and 58+ acres open space would be m conflict w~th the Comprehensive Plan and would reqmm that the plan be amended for th~s property and adjacent propemes The property also ~s ~mpacted by the location of a 100-year floodplmn, whmh ~s designated and an enwronmentally sensitive area (ESA) The subd~ws~on regulations would apply, but the interim regulations governing the protection of ESA's would not be ~n effect unless th~s property ~s w~th~n the c~ty hm~ts Since th~s prOperty ~s outside of the c~ty hm~ts, land use, zomng and development regulations and standards wotfld not apply to the development of th~s property Annexation of the property would ensure that such city standards would be m effect as th~s proposed development proceeds OPTIONS The project developer has requested that consideration be given to a 5-year deferral of annexation, and to allow the formation of a County Development Dlsmet (CDD) Three topms have been ~dent~fied that affect theioptmns Counml may want to consider · As d~rected by City Council on May 23fa, c~ty staff has been meettng w~th the developer's consultants to respond to concerns raised regarding annexation and CDD issues Correspondence related to these Issues ~s attached (Attachment #2) · The developer has also Indicated that a purchase option for the property was extended to the end of June 2000 to allow further review of the Arena ~oposal A request has been made to schedule a work session w~th City Council on June 27 to determine ff the purchase option should be extended beyond June 30th Previously, Council had been reformed that the latest available date for a CDD elect~on was m July or August 2000 Smce that Ume, the developer has ~nformed staff that November 7, 2000 is the latest avmlable date for the CDD elect~on, assuming the County Commissioners were to call the eleetton at their September 19, 2000 meeUng · The property owner's representative has asked that the C~ty Council d~sconttnue the annexation proceedings ~f the Arena project ~s not approved Since annexatton does not take effect upon first reading, C~ty Council may approve the attached ordinance without mterfermg w~th continued evaluation of the annexatton deferral and CDD options Staff will meet w~th the developer's representatives again on June 19th to d~scuss the responses prowded m the June 9th letter (see Attachment #2) Staff recommends that the City Council continue to pursue annexation of th~s property as proposed in the attached schedule RECOMMENDATION C~ty Council should proceed w~th the annexation proceedings by adopting thc orchnance on first reading Staff has expressed concern to the developer's representatives on two fronts (1) continual erosmn of mununpal annexation authority by thc state legislature provides httlc confidence that annexation can be guaranteed ~n five years, and (2) the conflicts between the CCD financing strategy and potential c~ty revenue from ad valorem, sales, and hotel/motel taxes are complex and not easily resolved Should further ~nformatton be available after the June 19th developer / staff meeting, ~t will presented to Council on June 20t~ ESTIMATED PROJECT SCHEDULE The second reading of the annexation ordinance, and the approval of zomng for the property, are scheduled for August 1, 2000, as per the Council-approved schedule For the current proceedings to remain valid, the second reading of the ordinance must be acted upon w~thm 90 days of the first reading Therefore, Council can extend the annexation schedule to no later than September 12th w~thout hawng to start the process over from the begmmng Unless d~rected otherwise, staff advertise the ordinance for proposed adoption on second reading ~n accordance w~th the August 1 date PRIOR ACTION/REVIEW (Council, Boards, Commmslons) The following is a chronology of A-99, commonly known as the Sherman Road Arena S~te February 24, 2000 DRC Pre-design March 28, 2000 City Council directs staffto ~mtlate annexation proceedings 2 May 16, 2000 City Council conducts first public hearing May 24, 2000 City Cotmcll conducts second public hearing May 25, 2000 Planning and Zoning Commission conducts public hearing FISCAL INFORMATION The aspects of service prowslon are contmned in the attached service plan Other options for financing of'the project are ~dent~fied in the developer's correspondence ATTACHMENTS 1 Draft Ordinance 2 Developer / C~ty Staff Correspondence (3 items) 3 Planning and Zomng Commission staff report for May 25, 2000 4 Annexatmn Schedule Respectfu/lly su_bmltted Douglas S Powell, AICP Director of Planning and Development Prepared by L rryke chhart Assistant D~rector of Planning and Development ATTACHMENT 1 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 254 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, GENERALLY LOCATED WEST OF SHERMAN DRIVE APPROXIMATELY 3,600 FEET NORTH OF LOOP 288 IN THE COUNTY OF DENTON, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE (A-99) WHEREAS, the City of Denton has petitioned for annexation of 254 acres of land to the City of Denton, Texas, and WHEREAS, the City of Denton on March 28, 2000, heard the petition and agreed to grant the petmon for annexation of 254 acres of land, and WHEREAS, on May 24, 2000, the Planning and Zomng Comn'usmon recommended approval of the petatlon for annexation, and WHEREAS, public heanngs were held in the Council Chambers on May 16, 2000, and May 23, 2000, (both days being on or after the 40th day but before the 20th day before the date of the lnst~mtmn of the proceedings) to allow all interested persons to state their views and present evidence bearing upon fi'us annexation, and VrHEREAS, annexataon proceechngs were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on June 20, 2000, and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on July 1, 2000, after annexation proceedings were instituted and 30 days prior to City Council takxng final action, as required by City Charter, and WHEREAS, the City Council finds that the annexation will be consistent with the Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The tract of land described in Exhibit "A", attached hereto and incorporated by reference, is annexed to the City of Denton, Texas SECTION 2 The service plan attached as Exhibit "B", and incorporated by reference, which provides for the extension of mumclpal servmes to the annexed property, is approved as part oftlus ordinance 4 be ~ts purpose to annex to the Ctty of Denton all the real property described ,n Exhibit "A" regardless of whether any other part of the descnbed property ~s hereby effectively annexed to the C~ty If any part of the real property annexed ~s already ~ncluded w~thm the c~ty hm~ts of the C~ty of Denton or wlttnn the 1,m~ts of any other mty, town or wllage, or is not w~tlun the C~ty of Denton's junsd~ctmn to annex, the same ~s hereby excluded from the temtory annexed as fully as if the excluded area were not expressly described in thru ordinance St~CTION 4 Th~s ordinance shall become effective thmy (30) days from the date of ~ts final passage and pubhcatlon, and the C~ty Secretary is hereby d~rected to cause the entire ordinance to be pubhshed once and the descriptive capt,on to be pubhshed twice in the Denton Record~Chromcle, the officmI newspaper of the C~ty of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 E~m~A All that certain lot, tract or parcel of land lying and being s~tuated in the H B Wdhams Survey, Abstract No 1417 and the V E Gmlor Survey, Abstract No 452, Denton County, Texas, and being all ora (called) 220 558 acre tract of land descnbed in a deed to Donald J Carter and wife, Lmda Jo Carter, dated 8/1/94, recorded under Clerk's File No 94-R0065442, Real Property Records, Denton County, Texas, and being part of a (called) 63 5877 acre tract of land described ~n a deed to Donald J Carter and wife, Lmda Jo Carter, dated 8/1/94, recorded under Clerk's Fde No 94-R0065442, Real Property Records, Denton County, Texas, and being more particularly described as follows BEGINNING at a point for comer at the northeast comer of smd 220 558 acre-tract, smd point being on the north line of sa~d V E Gallor Survey, THENCE South 01° 21' 15" West with the east line of smd 220 558 acre-tract, a distance of 1113 54 feet to a point for comer at the northwest comer of smd 63~5877 acre-tract, same being on the west line said H B Wllhams Survey and the east line ofsatd V E Gallor Survey, THENCE South 86o 06' 20" East w~th the north hne of smd 63 5877 acre-tract, a d~stance of 829 92 feet to apomt for comer, THENCE South 86° 55' 50" East with the north hne of smd 63 5877 acre-tract, a d~stance of 481 59 feet to a point for comer on the exlstmg Denton City limit line as established by annexation Ordinance No 74-36 (Tract 4), THENCE South 33° 44' 10" West w~th the ex~stmg Denton City limit line as established by said Ordinance No 74-36 (Tract 4), a distance of 2933 27 feet to a potnt for comer on the south line of smd 220 558 acre-tract, THENCE North 86° 37' 27" West with the south llne of smd 220 558 acre-tract, a d~stance of 2592 88 feet to a potnt for comer at the southwest comer of said 220 558 acre-tract, THENCE North 04° 00' 00" East with the west hne of said 220 558 acre-tract of land, a distance of 1311 40 feet to apolnt for comer, THENCE South 87° 45' 00" East, a d~stance of 113 57 feet to a pmnt for comer, THENCE North 03° 54' 10" East w~th a west hne of said 220 558 acre-tract, a distance of 2244 81 feet to a point for comer on the north llne of sa~d 220 558 acre tract, same being the north line of smd V E Gmlor Survey, THENCE South 88° 38' 12" East with the north line of sa~d 220 558 acre-tract and the north line of said V E Gallor Survey, a d~stance of 2577 81 to the POINT OF BEGINNING and contmnlng ~n all 254 acres of land 6 EXIBIT B ANNEXATION SERVICE PLAN CASE NUMBER A-99 (Sherman Road Arena) AREA 281 Acres LOCATION West Side of Sherman Drive, approximately 3600 feet north of Loop 288 Municipal services to the site descnbed above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance w~th the following schedule A Pohee Protection 1 Police service, including patrolling, response to calls, and other routine functions, will be prowded to the property w~thm s~xty (60) days after the effective date of the annexation using existing personnel and equipment ~ B F~re Protection 1 Fire protection (w~thm the hmlts of ex~stmg hydrants) and emergency medical servmes will be promded to the property within sixty (60) days after the effective date of the annexatmn using exmtmg personnel and equipment C Solid Waste Collection 1 Sohd waste collection service will be provided to the property w~tlun sixty (60) days after the effective date of the annexatmn One add~tmnal res~dentaal collection truck and three new employees will be required to service the proposed project D. Water/Wastewater Facilities 1 Maintenance of water and wastewater factht~es ~n the area to be annexed that are not w~th~n the servxce area of another water or wastewater utlhty will be begin wlttun s~xty (60) days after the effective date of the annexation using existing personnel and eqmpment 2 The Water D~stnbutmn System Master Plan xncludes a 54qnch transmmslon line from the proposed Lake Ray Roberts Water Treatment Plant to the Loop 288 intersection w~th Sherman Drive Tlus 54-tach line along Sherman Drive will cross the proposed annexatxon area The schedule for completion of the 54-tach water line and the water plant ~s apprommately the summer of 2002 Access prior to the year 2002 will be expensive It will involve off-site water hne extension to the south of Loop 288 to connect to the ex~stmg water d~stnbut~on system The impact of annexation and development of the subject tract can be accommodated w~th the proposed 54-tach transm~smnn hne and the Ray Roberts Water Treatment Plant wxthout stressing the water system If the development chooses to extend off-site water line to connect to the existing water d~stnbutlon system the m~tlal years of development until the year 2002 can be accommodated ANNEXATION SERVICE PLAN (A-99) Sherman Road Arena 3 The Wastewater Collectmn System Master Plan includes an anterceptor sewer along Mflam Creek Thas anterceptor sewer as not within the 5-year Capital Improvements Plan Also thas proposed ~ntereeptor sewer is approxnnately 7,500 feet away from the proposed annexation area The viable wastewater service £or the subject sate wall involve constructaon of a lift stataon and force main to tle-m into the exastmg collection system The wastewater discharge from the annexed area needs to be evaluated to determine downstream ampact on the exastlng collection system E. Drainage 1 Maintenance and drmnage faclhtles that are contained within a pubhc drmnage easement m the area to be annexed will begm within saxty (60) days' after the effectave date of the annexatmn using existing personnel and eqmpment Development of the floodplain will be subject to City of Denton Subdlvlsaon Regulattons and Interim Development Ordinance F Roads and Streets 1 Mamtenanee of roads and streets, including road and street hghtmg, in the area to be annexed wall began wattun saxty (60) days after the effccttve date of the annexation using exastlng personnel and eqmpment G Parks and Recreation Facilities 1 Maintenance of parks, playgrounds, swmunmg pools, and other recreational facilities in the area to be annexed will begin within saxty (60) days after the effective date of the annexataon using exastang personnel and eqmpment However, there are no existing parks, playgrounds, swimming pools, and other recreational faclllttes m the area The closest park is Avondale Park, located at 2021 Devonslure, 1 mile south of the subject sate Additional parks developed to service the proposed site would cost $3,454 00 per acre with the potential for 0 5 to 0 7 FTE additional personnel per 1,000 populataon served H Electrac Famhtles 1 As an electric utfltty, with an obhgatlon to serve in any area, in whtch they are certified by the PUC, annexatmn does not effect service provided I Library Services 1 No addat~onaI Library services are antactpated in the general area of the annexation Emstmg famlmes are capable of providing lmmedtate servmes to the subject sate ANNEXATION SERVICE PLAN (A-99) Sherman Road Arena J Code Enforcement 1 Code enforcement services WlI1 be prowded within s~xty (60) days after the effective date of the annexatton using existing personnel and eqmpment Building Inspections and Consumer Health Services Building mspect~ons and consumer health services will be provided upon the effective date of the annexation usmg ex~stmg personnel and eqmpment L Planning and Development Services . 1 Planning and development serwces will be provtded within sixty (60) days after the effective date of the annexation using ex~stmg personnel and eqmpment The Planning and Development Department currently prowdes services th~s property by way of admlmstrat~on of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations M Capital Improvements Program (CIP) The CIP of the city is prioritized accorchng to the following gmdehnes (1) Prowslon of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magmtude of problems as related to comparable areas, established techmcal standards and professional studies (2) The overall cost effectiveness of providing a specific facility or improvement The annexed area will be consadered for CIP ~mprovements m the upcoming CIP plan Th~s property will be considered according to the established gmdehnes ATTACHMENT 2 ITEM 1 215 E MeK~nney Street Denton, Texas 76201 (940) 349-8307 FAX (940) 349-8596 OFFICE OF THE CITY MANAGER May30,2000 Mr David Vanderlaan Vanderlaan & Associates Real Estate 69 Ryan Road Denton, TX 76205 RE THE NORTH TEXAS EQUESTRIAN CENTER PROJECT Dear Mr Vanderlaan Ctty staff ~s m the process ofprepanng responses to Cgy Council quesOons posed at the May 23ra Council meeting regarding the proposed North ~i exas Equestrian Center We have been unable to locate precedent for several procedures suggested by Mr Van Court We beheve Sectmn 42 004 of the Local Government Code allows the C~ty to enter into an agreement not to annex the property where the arena and golf course are to be located However, we cannot find where the C~ty Council ~s authorized to enter into an agreement not to annex residential property As we work through the questions posed by Council, staff has ~denttfied several other questions that should be answered prior to our recommendatxon to Council We ask that you and Mr Van Court address the following 1 Could you tell us where ~s ~t c~ted that the Council can enter ~nto an agreement that would commit future Councils not to annex res~dentml property9 Mr Van Court says he has worked w~th another c~ty on a mmflar project 2 Counefl Member Durrance smd he wewed the Legislature's dtscusmon on amendments to the CDD legmlatlon He smd one proposal that fmled would have allowed res~dentml land uses w~thm a CDD Are residential uses allowed ~n a CDD, and are they allowed to benefit from tmprovements financed through a CDD? l0 3 If the City agreed not to annex the property, and the property owner agreed to the appropriate phasing of infrastructure, certmn archaectural designs and land use reqmrements, what authority would the C~ty have to enforce such regulatmns9 Please prowde statutory or case authority 4 If the C~ty Council ~s agreeable, would you be wdhng to explore an economm development agreement under Chapter 380 of the Local Government Code ~n heu ora CDD? Under such an agreement, the property would be annexed lmmedmtely, but the c~ty would then enter mto a Chapter 380 agreement to rehnqmsh, abate, or transfer ad valorem, sales tax, and hotel tax revenues for a period oft~me ~n return for your project meeting certmn economm development thresholds 5 Will you agree to a long-term servme agree reby city water and sewer services are extended to the project by the developer9 Ai~lso w~lhng to agree to a long-term contract for electric, police, and fire servmes9 6 Mr Van Court proposed that the current owner would s~gn a covenant runmng w~th the land glwng up future resldentml property owners' rights to oppose annexation after the five year period had expired We find no leg~slatmn that supports th~s proposal What assurance ~s there that a court would not find tlus to be void as agmnst pubhc pohcy9 7 Would the ProJect be w~lhng to enter ~nto some type of agreement w~th the current North Texas Fmr Grounds that would ensure the avmlabthty of the s~te for their events9 8 In your presentation to Counml, you indicated that the County Commissioners would agree to appoint a majority (four members were mentioned) of the CDD Board members from Councd nominations What assurance does Counml have that the make-up of the Board w~ll remain a majority of Cotmefl appointees? Does th~s Commissioners' Court have the authority to commit future Commissioners' courts9 9 Formation of a CDD reqmres an elect~on - ehg~ble voters being those property owners w~th~n the d~stnct boundaries Expansion of the district boundaries does not reqmre an elect~on What steps could be taken to ensure the boundarxes of the d~smct cannot be changed? Can the CDD be bound to specffic prows~ons that might hm~t expansion capabdmes or set a t~meframe for dissolution9 10 In order to prowde Council w~th an estimate at fiscal ~mpact, we need ad&t~onal ~nformat~on on how you plan to structure the debt We understand that, as proposed, the CDD would place an assessment on the residential homeowners Would the arena and other commemml property owners be assessed also9 Do your figures lndmate a 20, 30 or 40-year bond9 Please ~nd~cate the ~mpaet of debt on projected mty revenues related to hotel/motel tax, sales tax, and property tax revenues during the life of the bond Have the county or school d~stnct been approached to determine their willingness to support the project through incentives9 11 1 ! What assurance can you provide that ne~ghbonng property owners are supportive of your project? Do you plan to conduct neighborhood meetings to explain the project and gain support for your proposal? Have you approached the Denton Independent School D~stnct regarding the project? 12 In the event that a Court declares the annexation agreement void, would you be wflhng to enter into an agreement that allows the e~ty to recapture all tax revenues lost as a result of the deferral Of anBexatlon9 We reahze you are under a deadhne and need a response from Council very quickly We will complete our response to Council as soon as possible, but need your help ~n addressing the above items S~ncerely, Dawd M Hill Assistant C~ty Manager - Development Serwces C Mayor & C~ty Council Members M~ke Jez, Cgy Manager Herb Prouty, C~ty Attorney Kathy DuBose, Assistant City Manager - Financial & Mumc~pal Services Howard Martin, Assistant C~ty Manager - Utflmes Lmda Rathff, Economic Development D~rector 12 May-31-o0 10:01A Van Cou~te 915-224-3398 P.01 ZTEH 2 LEONARD HURT FROST LILLY & LEVIN suns~o A l~ofe~tonal Ooq~os ~0~ lv~m. srmm. r A~JOORNEYS AT LAW ~4) ~ AUSTI~ TIUtA~ 78701 ~ MEMORANDU~ TO David M Hdl, Assistant C~y Manaser, Development Serwces FROM Frank Van Court DATE May 31, 2000 RE P~tt (~oup The Pickett Group has an ophon to pm'charm 575 acres of land from Don Caner on which ~t pr°p°ses to develop an equestrian cemer, low denmty residentafl lots and a pubhc solfcourse ])nor to clomn8, the Group needs certain assurances and agreements with the City of Dentort, to Mt ] Oty wlH support tho c~ea~on of a county development d~stnct over the property, which vnll be used t~ finance certain smprovements of the development 2 City will a~ree to the had plan for the development and to provide water and sewer se~v~cen to the aren Oty wHI al~ee not to annex the property ~or ~t mmmum of'5 yea~ ~om the creation o£the CDD+ unl~m there ts a statutory or other legal clmnge that unpacts the Ot~'s abthty to annex the property pursuant to landowners' petition In c~nside~aflon ~or the above, the Group witl m turn ] Petition the Denton County Commimoners Court f'or the creatmn of'the CDD and wdl include on the Board o£1~ors a rnedonty of the members des~nated by the 2 Develop the property pursuant to the asreed upon land plan and existm~ 13 Hay-31-O0 IO=OEA .Van Cou~_ 915-224-3398 P.02 Memorandum May 26, 2O00 fllj ~3 . PeUtlon the CIty for annexatlon a/~er the S years, w~ththepetmonbeanaexecutedand ca ozrecom at the tune the pr is ........ .o. per~. acqmred by the P~ckatt Group and vnth su and cons~inS to the petition r -----= ..-,, ,,~ ,,~a mqJa~-~ otsucn annexation Lat me know how you would like to proceed on the~ matters, and we are p~pared to meet vnth you and other members of the City staff at your convemance and to ass~ in th~ draftm8 of any documents that may be necessary A timely respona~ would be appreciated, as ther~ la a nmi cost to the Piok~ Group with any delay I look forward to wolicm8 with you and the otht~s and send my best regards, Fnmk Van Court 14 06/13/00 ~ 07'60 FAX 9402434649 'rv',,~NZ) ~]002 ..l~n-O0-O0 ~2:515P V,,,~ COUY"~_ ~15-_224-339~ P.02 ~-~NARD H~T FROST U~Y Sune 9. 20O0 Dawd M, Hill Assistant Chy Mam~r - Developmeut Ser~ce9 ~ of~ Ci~ ~, CI~ or.ton 215 E M~ S~ D~toK T~ 75201 ~ Mr ~11 ~, ~l~ng ~a m mpom to ~ vafloun ~mm ~ m your I~t~ of~y 30, 1. S~tton 42 044. T~ ~ Go--mt Code C~'), authofi~ tho Ci~ to d~ate aS ~ mdu~flal dt~n~ ~y ~ ~n its BTJ m w~ch toun~*~ ~fl~es ~d p~ ~ ~e e~lm ~op~nt ~t has ~ ~ts ~cus ~ a~lon ~ toun~ ~ d~tlon bY th~ CiW t~t MI the ~pm~t Is ~ mdus~ district would be ~t~n its ~wer dl~on ~~ Ord~ ~the Co~oners C~ c~ ~e CDD ~1 ~ flndi~ ~at ~ate t he ~tire d~m~ to t~ a~r~on o~sito~ ~d t~s~. · ~hw e~lnR t~a ~t 2 ~ D~ton Cou~ Co~on~s Court, ~ ~x~ peMlopa ~uest~S t~ c~t~ o~ ~Ds ~ to ~t~dty ~ ~ C~p~r 383. ~. ~kes findmBs that the Pmj~t pm~ ~ ~e Dist~ct is ~le ~d n~ ~ wdt ~e t~ publm a~r~ ~to~ ~d toud~ to DenOn Couu~. ~olu~nB ~at potion o~ the proj~ ~tms to st~ dmn~ ~d ~odon control. ~s ~d s~s. ~t~ ~ ~ dmm~tion ~d ~t~ ~ ~flmion The ~ .~ to fl~ce ~e ~j~ must th~ ~ vot~ ~ the ~md~ts Distn~ ~d ~pmv~ ~ t~ St~ AHom~ ~ ~ t~n~ ~d ~e. t~ ia~w ~ng that the ~s ~ pm~ly autho~ by s~ ~e pmpo~ ~t to the ~D ~t m~tson~ ~ C~n~sl M~ ~ ~ ~ ~pt to ~e e~Hcit w~ ts now Imph~t 06/13/00 ~ 07 59 PA.;[ 9402434549 'v'A.,N~ ~}003 Jun-O;-O0 J.Z:.~SP Van Cout-'~ 9i5-224-3~98 P.03 David M Hill June 9, 2000 Page 2 3 Wa believe tbe City cmn look to both Section 42 044 and Se~tson 43 0563, L(~, authority to control land use by ;ontract 4, An annexation in conjufl~lon with a Chapter 380. LC, C, econonuc developmen? asrenment ~11 a CDD, rather than JlLJi01L~a CDD, is a poss~bdity Suoh a atru~-ture could pro~da for the nan~ ~onomi=s to the Devclopmmt as it' outrode the C~ty, and would allow thu projecl flnan=mg by a CDD with the discussed benefits, pnnmrily lower interest rates 5 We would agree to lonB.tenn service asreemants ~rwnter, sewer, electric, pohce and fire nj] .. 6 The concept of a covenant rumdng mth the land Is a rx2nunon law-driven attempt to ow tar mt smmxation upon petition ofLnndowner, mmUar to what can be dona statutorily throus]~ SontJon 42,044, IGC Wa do not behave ~t wouM be vo~d as against pobhc policy. Biven its conte~ in nay case, the Cut./=auld st]Il annex under other provlmons of'the LGC 7 We would he Plused to tmSouate with the North Texa~ Fair C-rounds FOr the use of the Equestrian Center 8 Rngm. ding the City con. Ilia8 or dest~tatlns majority of the Board. we all nnght wont to nstlunk the wisdom of tiaa ~Jven the poss.tnhty ofn court flndtng the CDD as tim City's alter When ~ were faced with an nAnlof~ous situation, the decision was to have on= developer represnAtattve, t3ve county represantatwea and two city i'q)rasentat]vas We would suf~est such structure and would include the concept m the Order creating the District 9 We can have the Board asree, and the carat]on subject to that agreement, that ¢ Mil not petition the Court fbr eddthon nad exclusion of'land ~rom the DJstflct, which m the only way thc Court can a~t under Se,:tJon 383 084(8) 10 All proper~y wttlun the CDD wdl be subject to an auessment to repay debt The CDD wall also uso other revenues, moludlns hotel/motel occupancy rexes and sales taxes Sales mxas would be minhmd (1/8 of 1~) and the proceeds used For mm~t]ng The hotel/motel tax would be pledBed either until the bonds are repaid, estimated at 30 yearn, or under an econonuc developrmmt alp'cement between the CDD and the owner ofthe hotel Upon ammx~tson, all property would be subject to City ad valorem taxes, an tim Csty would actually benefit al'the land ware developed and then nAnexed as compared to being annexed and not developed For a number of'years nad, even then, not to the extnAt planned by the Pickett Group Tho County behoves that the ernst]on of'the CDD ss an bu~ntlve, and the but'dan of' lSD taxes ~afl be borne by the landowners and the proposed development still be ecooonncaUy viable as c. ompmmd to City taxes 06/13/00 TUE 08'00 FA.;[ 9402434649 YAIqD David M Hill June g, 2000 PaSe 3 1 I, Seo attached I~tter 12 Aa stated abow, tho City could annex the dcvelopmefl! as ~t could with any other populated m'eas Mthin It9 I~T~ It does not make sense For the developer to pay tax~s fbr improvements that never would have been built m the first place ~Fthey had been subJeCt to Ctt~ taxes We apprmc~lste you~ conmderatton in th~s matte' and look f'orward to your r~act~on and any questions you may have Sinc~ly, Prardc Ym~ Court Enalosure Edwin O Mckott David Don ATTACHMENT 3 Agenda No PLANNING AND ZONING COMMISSION Date STAFF REPORT Subject. Sherman Dnve "Arena S~te" Annexabon and Case Number A-99 Zoning Staff Larry Re~chhart Aaenda Date May 23, 2000 Hold a pubhc heanng to consider making a recommendation to City Council regarding the proposed ~nvoluntary annexabon and zoning of appmmmately 250 acres generally located west of Sherman Dr apprommately~3,600' north of Loop 288 ~n the ETJ of the City of Denton, Texas The zoning at the bme of the annexation will be Agncultural LOCATION MAP Location Generally located west of Sherman Dr approximately 3,600' north of Loop 288 m the ET3 of the City of Denton, Texas Size 250+ acres 18 Appl,cant C~tyof Denton Owner Donald J Carter 4761 Frank Luke Dnve Add~son, TX 75001 · On February 24, 2000 the Development Review Committee rewewed a Pre-design apphcat~on for a proposed development cons~sbng of 53+ acres for a 10,000 seat arena, 1,000 animal stalls, parking and a multi-story hotel, 14-15 acres of commero~al development, 156+ acres resldenbal (104 lots), and 58+ acres open space · On March 28, 2000, C~ty Council d~rected staff to ~nltlate annexation proceedings · The Comprehensive Plan ~dentlfies th~s property to be w~th~n the "Neighborhood Centers" D~stnct These areas may develop ~n conventional patterns or may be developed ~n a pattern of 'neighborhood centers' The proposed development would be ~n confhct with the Comprehensive Plan and would require that the plan be amended for th~s property and adjacent properties Agricultural zomng is ~n keeping w~th the Comprehensive Plan If th~s property ~s annexed and zoned agriculture, the proposed development would require a zomng change along w~th the amndment to the Comprehensive Plan · The property also ~s ~mpacted by the location of a 100-year floodplain, which ~s designated and an enwronmentally senslbve area (ESA) The subd~ws~on regulations would apply, but the ~nter~m regulations govermng the protection of ESA's would not be ~n effect unless th~s property ~s w~th~n the c~ty hm~ts · A prehm~nary annexation Serwce Plan has been prowded for pubhc rewew dunng the annexation process (see Enclosure 4) The capacity of ~nfrastructure such as water, waste water, streets and electric service and services such as pohce, fire, recreation, and general government are evaluated with respect to the proposed annexation S~nce th~s property ~s currently outside of the city hmlts, land use, zomng and development regulations and standards would not apply to the development of th~s property Annexation of the property would ensure that such c~ty standards would be in effect as th~s proposed development proceeds 19 Not~ce o~: the zoning request was pubhshed ~n the Denton Record-Chromcle on May 13, 2000 Three (3) property owners w~th~n two hundred feet were ma~led legal notices and one (1) resident w~th~n five hundred feet was sent a courtesy not~ce ~nform~ng them of the request (see Enclosure 5) As of this writing, only the property owner has responded ~n opposition to the request (see Enclosure 5) No neighborhood meetings are proposed A Staff recommends approval of the annexation of A-99 B Staff recommends Agricultural (A) zoning for A-99 A I move to recommend approval of the annexation of A-99 B I move to recommend Agricultural (A) zoning for A-99 1 Recommend approval as submitted 2 Recommend approval w~th conditions 3 Recommend den~al 4 Postpone consideration 5 Table ~tem[ 1 Prehm~nary Site Plan 2 Zoning Map 3 Annexation Schedule 4 Service Plan 5 Notification Map (w~th responses) 6 Denton Meb~hty Map 2O 21 ENCLOSURE 2 Arena Development (A-99) NORTH ZONING MAP Scale None 22 ENCLOSURE 4 ANNEXATION SERVICE PLAN CASE NUMBER A-99 (Sherman Road Arena) AREA 281 Acres LOCATION West Side of Sherman Drive, approxtmately 3600 feet north of Loop 288 Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule A. Police Protection 1 Pohee service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) days after the effective date of the annexat;on using existing personnel and equipment B Fire Protection 1 Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment C Sohd Waste Collection 1 Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation One additional residential collection truck and three new employees will be required to servme the proposed project D Water/Wastewater Facilities 1 Mmntenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personnel and cqmpment 2 The Water Distribution System Master Plan includes a 54-tach transmission line from the proposed Lake Ray Roberts Water Treatment Plant to the Loop 288 intersection with Sherman Dnve Th~s 54-inch line along Sherman Drive will cross the proposed annexation area The schedule for completion of the 54-lnch water line and the water plant is approximately the summer of 2002 Access prior to the year 2002 will be expensive It will involve off-site water line extension to the south of Loop 288 to connect to the existing water distribution system The impact of annexation and development of the subject tract can be accommodated with the proposed 54qnch transmission line and the Ray Roberts Water Treatment Plant without stressing the water system If the development chooses to extend off-site water line to connect to the exlstmg water distribution system the lmtlal years of development until the year 2002 can be accommodated ANNEXATION SERVICE PLAN (A-99) Sherman Road Arena 3 The Wastewater Collection System Master Plan ~ncludes an interceptor sewer along Mllam Creek This interceptor sewer ~s not within the 5-year Capital Improvements Plan Also this proposed ~ntemeptor sewer is approximately 7,500 feet away from the proposed annexation area The wable wastewater service for the subject site will involve construction of a lift station and force mare to t~e-~n rote the ex~stmg collection system The wastewater discharge from the annexed area needs to be evaluated to determine downstream impact on the ex~stmg collection system E Drainage 1 Maintenance and drainage facilities that are contained within a public drainage easement m the area to be annexed will begin within s~xty (60) days after the effective date of thc annexation using existing personnel and eqmpment Development of the floodplain w111 be subJeCt to Cxty of Denton Subdivision Regulations and Interim Development Ordinance F Roads and Streets 1 Maintenance of roads and streets, including road and street lighting, in the area to be almexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment G Parks and Recreation Facilities 1 Mmntenance of parks, playgrounds, swimming pools, and other recreational facilities m the area to be annexed will begin w~thln s~xty (60) days after the effective date of the annexation using existing personnel and equipment However, there are no ex~stmg parks, playgrounds, swimming pools, and other recreational faclhtles m the area The closest park ~s Avondale Park, located at 2021 Devonshire, 1 mile south of the subject site Additional parks developed to serwce the proposed site would cost $3,454 00 per acre w~th the potential for 0 5 to 0 7 FTE additional personnel per 1,000 population served H Electric Facilities 1 As an electric utlhty, with an obhgat~on to serve ~n any area, m which they are certified by the PUC, annexation does not effect service prowded I. Library Services 1 No adchtxonal Library services are anticipated ~n the general area of the annexation Existing facilities are capable of providing immediate services to the subject site ANNEXATION SERVICE PLAN (A-99) Sherman Road Arena Cods Enforcement 1 Code enforcement services will be provided w~thm s~xty (60) days after the effecUve date of the annexation using existing personnel and cqmpment K Building Inspections and Consumer Health Services 1 Bmldmg inspections and consumer health services will be provMed upon the effective date of the annexation using existing personnel and cqmpment L Planl~ing and Development Services 1 Planning and development services will be provided w~thm s~xty (60) days after the effective date of the annexation using existing personnel and equipment The Planmng and Development Department currently provides serwccs th~s property by way of admlmstratlon of Chapter 34 of the Code of Ordinances, concerning subd~ws~on and land development regulations M Capital Improvements Program (CIP) The C1P of the city is prioritized according to the following guldehnes (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utd~zat~on, population density, magmtude of problems as related to comparable areas, established technical standards and pro£esmonal studies (2) The overall cost effectiveness ofprovMmg a specific facility or improvement The annexed area will be considered for CIP improvements m the upcoming CIP plan This property will be considered according to the estabhshed gmdehnes ENCLOSURE 5 ~ Arena Development (A-99) NORTH 200' - 500' NOTIFICATION MAP Scale None DONALD J. CARTER 7736 FM 428 Denton, TX 76208 May 9, 2000 To the Members of the Denton C~ty Councd and Denton Planmng & Zomng Commission I am the owner of the property subject to the proposed involuntary annexation and zomng (A-99) I also own the property dlreetly across Sherman Drive from the subject property I strongly oppose the proposed annexation and change m zomng at the current t~me Tbas property ~s under contract to be sold to Mr Ed Pickett, Trustee, w~th a closing date of May 31, 2000 The annexation and re-zomng of thts property prior to ~ts anqmsltlon by Mr P~ekett Is premature and strongly opposed by me and my wife, Lmda Jo Carter If Mr Pickett falls to close on the purchase of th~s property, we have no plans to pursue Mr P~ekett's development proposal and have no desire to see our property incorporated into the C~ty of Denton Sincerely, ~ Donald J Carte cc W~lham J Dahlstrom, Esq - 27 NOTICE OF PUBLIC HEARING A.99 The Planning and Zoning Commission Of the Criy o~ Denton w~ll hol(I a publ,: hearing on WeCneeday, May 24, 2000, to consider making a recornmenclation to City Council regarding the proposed involunte~y annexation and zoning of approximately 250 acres 9enerslly located west of Sherman Dr apDroximatety 3,600' north of Loop 288 In the extraterHtona! Jurtscli¢.~on of the City of Denton, Texas (see reap'on beck$~(ie) The zoning at the time of the annexatr~n w~l be Agricultural (A) The meeting will be held at 6 00 PM In the City Coun~ Chambers located l~ City Hall at 215 E McKlnney Street Derffort, Texas 'i'Ve public hearing will start at 8 00 p m. in the CRy Council Chambers of City Hall located at 215 .. .-.-,--..,, ,.~ r'~ermmg eno Zorl#lg C=~ltmlsslon would like to hear how you feel about the ~atldlnviteayoutoattendE~epub#chearfr~j F'lease, In order for your opinion to ,,~_~.,Y__p_m. n?R?..yo.u ~rOm e~Ten(tlng end patticll;abng in the publm heating.) You ma fax ftt( th m~er ~ama ac me ~ottorn, mall It to the addr~,~ below, or drop It off in-person Y o e Ptanrtlng and Development Department Dentefl, Texas 16201 Attn' Lar~ Reichhert, Anal~tant Planning D~'eotor The zoning process inoludee two public hearings designed to r*rov~de opportunities for citizen Involvement and comment. Prior to the public hearings, landowners withzn two hundred (200) feet of the subie~t prope~y ere notified of the zoning request by way of ths rtotice The first public Ilearlng held before the Planning and Zoning Commls~,lon The Camn'~tssi¢m ~s ~nformed of the percent of reePonsesi~n support and in opposition Second. the zoning petition is forwarded to the City Council for final ac'floh providing ti'm Commlsa~o,.1 recommends approval Should the Comnm$$1on recommend de,~lal, the, petitioner may then appeal the request to the City CcunciJ If owners of more than twenty (20} percent of the land area within two hundred (200) feet of the rote submit written opposition, then out of seven votes of the City Council are requwed to approve the z~ning change These forms are ua~d to cellists the pe~entege ef la,dowser oppo~itien. Please circle one. in favor of request Neutral to request C~ment$: Signature . _ Printed Na~e, . Donald Carter Ma~l~ngAdcl. rees 4761 Frank Luke Dr. C~ty, State Zip , A, ddlson~ TX 75001 ,~, TeleDhone Number- 972-71.3- 07.,,02 PhYslOalAcl~ressofPr0pen~/wlth[n200feet 7_._7__3.6 FM 428, Denton, TX 76208 ~- TY O~ DENTON, ' - C! TEXAS CITYHALLWE~T, DENTON, TEXAS 7620~ , ~f03498350 · (F)9403497707 28 ENCLOSURE 6 A Arena Development (A-99) NORTH DENTON MOBILITY PLAN MAP Scale None 05/16/00 FRI 11 25 FAX 940549??0? CITY OF DEN'I~N PLANNING ~001 Coudens~It~ P~ 197 ~ 199 2 ~u~ ,pmnt ou~ I ~ I ~ ~ c~m~ of ~ 1 ~- 3 c~mlb~ ~n8 3 ~R~H~ Only~u~e 4 4 ~ ao~ only.~ flmnk you 5 ~ wo~ ~t ~ w~ a fi~al pl~ J ~an ~1 ~ ~a ~m~ ~on 7 ~ b~ p~lmS 7 ~d apply ~;usm~ on ~ mollo~ lO so~s $~m8 ~ou~I~ll~ lO~as~ ~nkyou,~ ~y 12 ff)~SI~L ~atapp~bc~ 12 M~ENOEL~ okay Wc'Ua~vooutoI~cl~ 13 ~y~ ~'s ~nc 13 14 14 m Go~ to c~ 14 ~flofl ~ Cfly ~cJl ~ ~ pmpos~ 15 ~ 15 ~vol9nm~ ann~a~n ~d ~nmg of appmn~y 250 ac~n ~ 6 It as ~ ~ ~t ~ ~ ~s~d 16 ~y ~a~ ~t of ~a ~ appmnlma~ly 3 600 J7 ~ pr~s? ~ fl~ ~t way 17 f~t n~ of L~p 2aS m ~ ~mriat J~lsd~hun 18 OnC~ ~I m~ 18 of ~Ci~ of ~n, T~s 19 ~tl~ cnn co~ f~a~ ~km ~ ~e~c ~ 19 h~ of ~ ann~fl~ wJa be ~c~l At 20 .~mas~mlsi~n ~oaa~ ~0 l'U~pubhc~fl~d~kMr P~toprmld~ 21 aums~ ~'m not ~1~ ~ n s~B s' 21 us ~ ~ s~f ~ 22 w~ch,,~'s ~y 22 ~ ~ELL m yo~ backup ~ ~ pr~d~ )ou 23 Tm's ~d ~ ~bs~ ~ y~'~ only ~t I~l~ 23 ~ a lot of mfo~ On ~c o~d ts a map ot thc 24 ~'~ot~hngtn~t~ofa]~ Ir'sa 24 sim~t's~conmm~pac~ ~ps~4isa Page 200 I on~ ~ ~ f~ ~ X ~ ttj~st-~ I da~ on FO~ 24~ 3 ~oEtna~ 3 41s~v~tcp~ ~propos~$~a i~or~ ~ Ma n~T ~ SUP p~s ~ ~ 5 com~laL ~d ~ smg~ly ~:~tml Wc ~ Sot a s~ p~n ~t ~a~ ~ d~sc~ wi~ ~ ~s ~lo~t Only ~ V Co~jss~ and CI~ ~Cd, m ~ ~ p~s, 7 f~ alonB S~ Drive ~ Ca~Oy ~n Ct~ 8 whxch is fi~ rmJ~t ~0~ 8 9 opUon ~ ~ ~ a mm~m~ I'a ~ ~ It's 9 We ~sc~ wt~ ~ app~c~t ~t ~p~fln 10 ~t ~ ~ it'S , and ~ an~ abo~ I0 sub~vmon ~floas, ~ wo~d m~ ~s m ~ Liw 11 ~t n~ of ~ sup and ~ a]I~s ~ 1 ~cfl ~ ~ d~ons on ~n And on March 28th 12 ~d~ ;at for alt ~t ~1 1~ 13 a~ And ~o~co~d 13 for~h~forthlspro~' We've~opubhc 14 ~c~ mom hat and ~ sup p~s wo~d ~ 14 ~ at C~ ~cd ~ ~st o~ w~ ~ m~ht 15 ~ ticks bo~ 15 Also at ~t ~ ~ ~e~ or ~ propo~[a of I 6 ~ ( ~'a ~ ~t 16 ~ ~t m~ m ~ ~c,I about ~ d~,;lopm~nt i 17 ~ I Is ~ a mo~n? 17 and ~r uae of a ~ ~l~t ~a~t W fln~ce 18 ao~ ~ ~u put ~t tn~ a ~n? 18 ~ p~t 19 [ ~e I~'s a *- 19 I w~ ~ s~w ~u on ~ ~p~tstve 20 ~OO~ I1~ ~L ~say Imov~ 20 ~p, ~pmp~h r~t ~w~ch shes up ~q heln~ a 21 ~t ~t~s 35 T6 and 3~-T7 of~ ~ 21 ~d ~ ~ s~ ~ ~ b~k~ R~o~ you mzght hs~ A~a w~ ~ ~w a ~t of ~ OO~ ~ sm~ m 0~ b~p ~d ~t 2~ ~f~ndon tn ~ bac~p m ~s of ~n~afl0u SC~U~ I AND ~O ~-~-00 ROUGH D~ P~c 197 - PaSe 200 06/16/00 FRI 1! 26 FAX 9403497707 CITY OF DENTON PLANNING ~002 Cond~It '~ Page 201 Page 203 I and ~o ~on s~v~e phm 1 Jtlly whe~I2ur tn' not v~. want ~o collthlLTC Afar Ilmt pOmL 2 M~ n~,'~mn~r Commlsstom~r~,wodohaw 2 mlm~th~ycouldn'tctc~telt~tl~ywnn~lto Andnt 3 qu~tions Ma Oom'dlc 3 thatpolntintim~atl~,'mnotgomgtodo~aesrcna 4 ~aa ~ou~t~. t gu~s l'm not und~rsmnding why 4 d~m~nt~ mnyb. tly. CRy d~:~n'~ want to ntm~x it nad ~! 6 ~a l~aclosmgd~ofMsy31stand~ll~k~ 6 ~t~O[~ T~you 7 l~itwon't~o~fllA~t 1~ l~n't 7 ~cs~o~ ~nd may ]point out~no~con~ 8 ~d why ~ a~tmn ~s ~ not ~ ~n 8 ~t ~ h~ve Und~ ~ ~tiou ~wa ~ ~ve a ~n 5 M~ ~O~L~ ~ W~. ~t ~ ~c~ at 9 tt~b~ once ~ s~ ~s pubh~ ~ng p~ in which 10 CI~ ~ca and ~ ~m~cd ~ ~ ~mum ~ go a~ 10 ~ ~ t~ Comp~ ~ ann~tion So ~flt's ano~ 11 wl~ ~ ~a~n At ~y ttm~ ~t c~n ~ s~p~ prior Il ~son why ~'d ~mmd ~at ~ ~o f~d and ~ ~ 12 ~ ~t A~st dale ~ ~son ~ do n~ w~t ~s 12 ~ CI~ d~i~ at a la~ pmnt ~ md ~ ~ ~an I3 ~olopm~m~Cgy~s~usoof&co~i~ 13 MR ~LL Y~ ffyoulookatpa~6myo~ ~ 4 ~cbp~t &s~ot ~ a finmz~mg ~m, C~mumty 14 b~p ~ ~n~uon sv~u]~ ~t ~ ~ou~ pubic 15 d~p~t~s~ ~cl~ stc~m~ I~ n~co, notm~m~y~ not~m~ ~0 ~y~ 17 wo~ ~ ~ and ~ ~Icht~on~l ~x ~m~ by ~ng m 17 %ny~ ~s ~t ~ you ~b~k on 19 ~vul~t d~S~CL unf~s~blo f~ financing ~s 19 ~ ~l ov~ ~m And I t~ ~u'~ aw~ of 20 d~op~t D~d / con~q¢ you w~ flint o~w~? 20 Y~'~ ~ ~ pm~ w~ wu ~v~ mssu~ a da~ and 21 MS ~Ol~ ~o g d~sn*t ~n~o ~ at ~ 21 ~1 ol a suddm you ha~ ~ go back 22 It'~ jmt ~ way ~'s ~ h~s I~ - 22 ~ am~Rn~ T ~vo no pmbl~ 23 ~T In~~f~s~ 23 justha~aprob~wl~ ~ ~'sl~nd~tsounds 24 ~s~ ~ a~ ~l~m~t d~tt ~ fo~ a~d ~ ~nd 24 m ~ ~ ff on M~ 31st ~ng h ~lng m bc wo~ 25 sm~ ~ tt tS right n0W, Ag v~an~ ~ d~n't ~nt It ~ 25 ~o It's j~t kind ol un ~d -- it d~n't ~[ P~e 202 P~ 204 I ~ ~ ] ~ poilu o~d you a~ 8 m~ ~ ~ ~ l~ ~ an~mg h~s p~y n~t ~ as it 8 ~t e ~t of ~s s17~ oouM ~lbly ~ m ~ P sits ~ 9 ~. whal ~ of d~l~t ~s~ ~ ~d l I muybo clnn fy 1~ ~0 c~umty -- ~u~ ~olop~t 11 o~ ~ ~ng S~ ~ve un~r ~ ~mption 12 d~8~C~ ~n only ~ t~ In coun~ ~th popu~tlon of 12 ~t ~ would ~ o~ ~d ~ pl~ 13 400000~l~s ~I~I~C~Sfi~OUL~U J3 ~v~ ~tz~uld~m~n~nt 10 us~ ~'sa~ndow, asmnll~nd~of~p~umLy~ 16 sumffl~flo~it L8 un~smncbng ~ ~t It ~ ~ AIl~t or S~ 18 .~ [9 e~don ~ wo~ h~ ~ ~ ~ ~s~lct by J~y 19 howl 20 SO I do ~b~ ~t ~ ts - I shouldn't say -- I do 20 t~n-*t~ ~ 22 ~uzl w~ W ~ ~t ~s ~ alotof 22 ~c~S~ ~ 23 &sc~n 23 ~th~f~ ~n~ ~'sno 25 fo~d l~it'np~t~gof~ We'llk~wby 25 ~tupS~288 ~so PLANNIN~ A~ ZO~O 5=2~ ROUGH D~ P~c 201 - P~c 204 00/10/00 FRI 11 20 FA/ 940549??0? CITY OF DEI~ON PLANNING Cond~nsoltTM P~ 20~ Page 207 4 ~ ~SC ~ I Q~ ~t would ~ v~ np~op~a~ f~ 4 w~t ~ ~ ~o~o~, ~ ~ ~ pmb~ ~ ~ co~ ~t ~ a~ff ~s 5 ~eaa wJ~ t~ ~ ~vnaimn ~d zonin~ And 7 otf.f ~288 Wcb~o~tlt~h~m~p 7 ~ ~k~? Okoy Youdon'l~l~bu~ 9 lna~d nf 0fl OI 288 9 ~ ~o~, zJu~ 10 If ~ ~: such a facfli~ out ~ ~ ~ l0 ~ ~s I~ at I 10, I ~ve 12 ~288 And ~ ~'t ~ lo~ at IL ~t ~ (2 ~u say ~'~ ~ ~uost ~a~ ~yn~7 16 s~yatfl~t~lbtdo~bo~ls~d~t ~wl~ 16 ~aN~a~om ~ Willlmns 18 ~ S0 ~ ~ aOt ~y ~ at tt 0~ ~au ~ say J8 ~ ~a~on ot'A 9q 21 hot It ~uld dellm~ly b~ nmm ~ }mt ~s pm~ 21 ~nd -----aaon ~y dlnaussln, on l~ motion? Vole 22 Obva~ {fyou'vu~lalong288a~-m~l~lauda 22 p~ Moilo,t~a~-0 23 10,~0 squ~ f~t ~a ~'m n~ ~u~ ~ build 23 ~- 24 sln~lnnu~ h~ ac~s ~ s~ ~m ~L or I don't 24 ~ ~ 25 ~lmk ~ a~ l ~l~k a~C'S ~t~ tO W~t ~ p~ 2~ ~cul~ ~g of A-PD ~ ~ao~n~ ~ CI~ Coun~L P~ 206 Page 208 I ~m~na and supp~ ~ f~ ~l f~th~ I ~c wtt t ~n~ ~ond 4 for po~fl~ ~t out b~t 0ff I ~mk fiat's a ~ 4 ~on? Vo~ p~se MoUon 5 why ~ ~ m coutlu~ on wl~ ~s ~ahon ~m st 5 ~t We'U ~ve oato 1~ 15, which ~s 6 ~ a w~ [~ ~ public ~ ha~ so~ input, ~c~ 6 to hold a pubhc ~n~ and ~nst~ 8 ~pac~ by ~ ~n~ ~t c~ p~a~ cn~ ~d I 8 a~dmg ~p~ 34, Sub&vision ~d La~ R~ahons OI 9 ~0w you ~ ~ ~ about a h~ b~l ~ ~omc ~ -- 9 ~ ol ~m~, ~ ~d ~ ~p~on ~ of a I0 f~ y~ p~m~ng ~t whut m m0st app~na~ f~ you ~s a 10 p~llmi~ p~t ~d ~u] duvul~m~t plans At this 11 pro~sio~l iff ~ of flus co~ ~ poml out Il ~ I'~ o~ ~ publk ]~a~ m{d a~k Mr Pupil 16 ~mp~l~P]a~saysno,~do~'t A~I~lt's~ 16 ~a~mk~lngwl~on~s~tn~ W~cons~ 17 approp~ ~ you to ~ pom~ ~a out ~ I ~ you 17 ~s ~nd ~ a ~8 {ss~ We ~d ap~o~al {9 I n~ ~ a~ t~ q~ E ~ ~no p~t w~ 19 ~ ~yone ~t who w~ld l~ ~ m~k in f~vor of 20 wo~d~s~mfavorot~:szss~? An~p~t 20 ~s~n/ ~nep~tms~mfav~oI~ 21 ~s~ln~v~of~mnn? ~flmtc~as~ 2J ~Uon? ~alc~o, anyo~p~mt~ s~in 22 aayo~ ~l ~ .p~ m ~oamon9 22 oppost~ m ~ p~ifl~7 ~y~ p~t ~ s~ m 23 I~D~D R~A~BR [ would bko ~ ~r 23 opposm~ ~ ~ p~Uon? 24 Tab.ha ta~ 24 ~ RIS~L MOgOn 25 ~C ~NoatnR~r~ Any~o? A~o~ olmu p~l 25 ~ ~o~c~ ~bhc ~ng ~S ulu~l PLATO A~ ZO~O 5-~00 ~OU~ D~ Pa~ 205 - P~o 208 06/16/00 FRI 11,27 FAX 9403497707 CIT~ OF DI;.NTON PLANNING [~004 CondcnmfltTM Pag~ 209 I Ycs Mr 2 , ~R ~lS~ ! move to ~d Ih~ spprowl of 4 MS, OOURDIE, sccond 5 ~c taamu, zl ~s sLexcus~ m~ I want to ~t 6 limt comml~ So I rccommcnd approval ~d m ~o 7 ~ ~uitm~ ~ ~d {L 8 M~ ~ORI B~T Wc ~ a m~l ~d ~cmd ~ 9 ~d appeal ~y ~sc~s~ on ~ mouon9 Voe, 10 pl~sc ~tmu c~ 5-0 Mr, D~mr No 13 wark 0~1 qu~ as p[ann~ Y~,~ 15 ~,~B~T w~'m~tof~ ~makyou, 17 18 19 20 2l 22 23 24 PLANNIN(~ AND ZONING 5-:14-00 ROUOH DILAIV~ Page 209 - Page 200 ATTACHMENT 4 , ENCLOSURE 3 ' A-99 (Sherman Arena) ANNEXATION SCHEDULE April 30, 2000 Not~ce pubhshed in Denton Record-Chromcle for first pubhc heanng [] Annexatton Study prepared and avmlable for pubhc rewew a Service Plan prepared and available for pubhc rewew May 7, 2000 Notice pubhshed ~n Denton Record-Chromcle for second C~ty Council pubhc heanng May 14, 2000 Notme pubhshed ~n Denton Record-Chromcle for Planmng and Zoning Commmmon pubhc hearing May 16, 2000 C~ty Council conducts first pubhc heanng · Pubhc nobce must be no less than 10 days and no more than 20 days before pubhc heanng May 23, 2000 City Council conducts second pubhc heanng (Special Call Mtg ) · Pubhc notme must be no less than 10 days and no more than 20 days before pubhc heanng May 24, 2000 Planmng and Zomng Commmmon holds a pubhc hearing and conmders making a recommendabon to the C~ty Council regarding the proposed annexation and the proposed zomng · Pubhc not~ce must be no less than 10 days before pubhc heanng June 20, 2000 C~ty Council by a four-fifths vote ~nst~tutes annexation proceedings F~rst reading of annexation ordinance · Action must be more than 20 days after the second pubhc heanng but less than 40 days from the first pubhc heanng July 1, 2000 Pubhcat~on of annexabon ordinance ~n Denton Record-Chromcle · Annexation ordinance should be sent to newspaper no later than Fnday, June 23, to ensure ample preparation time Aug 1, 2000 C~ty Council by a four-fifths vote takes final achon Second reading and adoption of the annexabon ordinance C~ty Council conmders approval of zomng request · Council acbon must be more than 30 days after pubhcabon of ordinance and less than 90 days after council ~nsbtutes annexation proceedings 3O nDenda No ~~ Aoenda Item Date~- AGENDA INFORMATION SHEET AGENDA DATE: June 20, 2000 DEPARTMENT: Pubhc TransportaUon CM/DCM/ACM: Dawd I-Idl, Assistant City Manager SUBJECT: AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT FOR MASS TRANSPORTATION WITHIN THE CITY OF DENTON BEWTEEN THE CITY OF DENTON AND SPAN, 1NC, AND PROVIDING FOR AN EFFECTIVE DATE BACKGROUND: S~nce 1990, when Denton was designated an urbamzed area and began rece~wng federal funding to provide transit servaces, the Ctty of Denton has contracted vnth Serwces Programs for Aging Needs (SPAN) to operate fixed route and demand response transportation Approval ofttus ordinance would authorize the c~ty manager to s~gn an mterlocal agreement wath SPAN to continue operating the transit system through September 30, 2002 In accordance wnh federal, state, and local government requtrements, prewous contracts were let under the gmdehnes of competmve procurement (request for proposal) However, as a pohUcal subd~ws~on of the state and as a Special D~stnct, SPAN ~s anthonzed under Chapter 791 of the Government Code to enter into an ~merlocal agreement wath the c~ty to pro,nde the governmental function of transit serwces wttlun the C~ty of Denton, thereby foregoing the need to ~ssue a request for proposals The mterlocal agreement has been prepared ~n substantially the same form as the erastmg contract w~th the exceptton ofnunor changes to the scope of serwces (hours and days of operation, mcorporatmn of the most recent system route map and schedule) and tune of performance (provtsmn for annual renewal following the September 20, 2002 exptratmn) The recent study of transit serwce needs for Denton performed by KFH Group, Inc md~cated that the transit servaces operated by SPAN ~n the C~ty of Denton compares favorably w~th those provmded by our peers (other transit systems w~th smular populataon, density levels, servace type, etc ) Our system was operated w~th the lowest cost per hour and the overall system performance~producttv~ty was above the medtan In addmon to prowdmg quahty transit servaces at a reasonable cost, SPAN continues to partner wath the C~ty to ~mprove the system and to ~mprove servaces avadable beyond the Denton urbamzed area Based on our prior successes wath SPAN and their efforts help improve transportation serwces for the Denton commumty we believe it vail serve the city well to continue to partner vath them ESTIMATED SCHEDULE OF PROJECT: Upon approval, ttus agreement vail take effect following the expiration of the emstmg contract on July 18, 2000 and vail rem_mn m effect until September 30, 2002, subject to annual renewal as prowded for m the agreement PRIOR &CTION / REVIEW ICouncil. Boards. Commtss~ons): None FISCAL INFORMATION: The City of Denton recetves grant funds from the Federal Transit Adnumstration and the Texas Department of Transportation along vath local government funds to provide public transportation m the Denton urbanized area Serwces prowded under thts agreement are subject to reccnpt of those funds EXHIBITS: Ordinance Interlocal Agreement Authonzang Resolutaon fi'om SPAN Assistant City Manager Prepared by Veromca,S Rolen Public Transportation Manager ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT FOR MASS TRANSPORTATION WITHIN THE CITY OF DENTON BETWEEN THE CITY OF DENTON AND SPAN, INC, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton and Span, Inc ("Span") have previously entered mto an agreement dated July 18, 1995, whereby Span has been and continues to provide public motor career transportation service w~th~n the city limits of the City of Denton (the "Existing Agreement"), and WHEREAS, the Existing Agreement as amended is due to expire on July 18, 2000, and WHEREAS, Span ~s a political subdlvlsmn of the State of Texas as it is a rural public transportation provider promd~ng and coord~natmg rural transportation as the Special Program For Aging Needs Rural Transit District in Denton County under a contract w~th the Texas Department of Transportation, as defined and authorized by Chapter 458 of the Texas Transportation Code, and WHEREAS, as a political subd~wsmn of the State and as a Special D~stnct, Span ~s authorized under Chapter 791 of the Texas Government Code to enter into an lnterlocal agreement wath the City of Denton to provide for the governmental function of public motor career transportation service wlthm the city hmlts of the City, and WHEREAS, the City desires to enter into an lnterlocal agreement w~th Span a copy of which is attached hereto and made a part hereof as Exhibit "A" (the "Interlocal Agreement") to take effect as of the expiration date of the Existing Agreement and to remmn m effect until September 30, 2002, subject to annual renewal as provtded therein, and WHEREAS, the City has determmed that Span as the current transportation provider for the City provides a needed service to citizens of the City and the City Counml has provided for funds in its budget for the purpose of paymg for such contractual services as well as providing for ehglble Federal Transit Admlmstrataon funds, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The recitations eontatned in the preamble of this ordinance are Incorporated within the body of thru ordinance as if fully set forth SECTION 2 The City Manager or his designee ~s authorized to sign the Interlocal Agreement on behalf of the City of Denton, Texas, in substantially the same form as the Interlocal Agreement attached as Extub~t "A" SECTION 3 Th~s ordinance shall become effectxve ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED th~s the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SPAN. INC This Agreement is hereby entered into by and between the Clty of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as "City") and SPAN, INC, a Texas non-profit corporation (herein after referred to as "Agency") WHEREAS, the City and Agency have previously entered Into an agreement dated July 18, 1995, whereby the Agency has been and continues to provide public motor earner transportation service within the mty limits of the City (the "Existing Agreement"), and WHEREAS, the Existing Agreement as amended is due to expire on July 18, 2000, and WHEREAS, the Agency as a political subdivision of the State of Texas as it is a rural pubhc transportation provider providing and coordinating rural transportation as the Special Program For Aging Needs Rural Transit District in Denton County under a contract with the Texas Department of Transportation, as defined and authorized by Chapter 458 of the Texas Transportation Code, and WHEREAS, as a pohtlcal subdlvlmon of the State and as a Special District, the Agency is authorized under Chapter 791 of the Texas Government Code to enter into an Interlocal contract wtth the City to provide for the governmental function of public motor career transportation service within the mty limits of the City, and WHEREAS, the City and Agency desire to enter into this Interlocal agreement to take effect as of the expiration date of the Existing Agreement and to remain in effect until September 30, 2002, subject to annual renewal as provided herein, and WHEREAS, the paying party for the performance of the services and functions performed under this agreement shall make all payments from current revenues available to the paying party, and WHEREAS, the parties agree that the payments provided for herein fairly compensate the performmg party for all services and functions performed under this agreement, and WHEREAS, the City has determined that the Agency as the current transportation provider for the City provides a needed service to citizens of the City and the City Council has provided for funds m its budget for the purpose of paying for contractual services as well as providing for ehgable Federal Transit Administration funds, and Page 1 \\CH I. OLWOLI\SHARED\DEPT~LGL\Our Documents\Contracts\00\SPAN AGREEMENT 2000 doc WHEREAS, the City has received grants from the Federal Transit Admlmstratlon and the Texas Department of Transportation to provide public transportation in the Denton urbanized area and wishes to continue to contract with the Agency to provide such services, NOW, THEREFORE, the parties hereto mutually agree as follows I SCOPE OF SERVICES The Agency shall m a satisfactory and proper manner perform the following Project undertake and complete the ProJect, and provide for the use of the Project factht~es or eqmpment, substantially as described ~n City's Application for Federal funding, which is incorporated here~n by reference, filed with and approved by the U S Government, and m accordance w~th the terms and eond~tmns of this Agreement,anclud~ng A Prowdlng transportation within the city limits dunng the hours of 6 00 a m to 9 00 p m, Monday through Friday and Saturdays from 9 00 a m to 6 00 p m except on holidays as described in the most current system map and nde guide B Charging a fee to each passenger with a disability One Dollar and Fifty Cents ($1 50) for every one-way trip on the demand response system provided to that pass~.nger C Providing transportatmn services within the city limits to the general public on fixed routes, as outhned In the most current system map and nde guide hereof, for seventy-five cents ($ 75) for each one way trip, with a free transfer D Charging a fee to each person 60 years of age and older and all persons with dlsablht~es ehg~ble under the "Americans with D~sabthtles Act" no more than half pnce fare on the public fixed route system E Before amending its fares, Agency shall send notice to City informing it of the proposed amendment The City shall consider whether it shall approve the amendment If the City does not take action to approve or disapprove the proposed fare within 60 days, ~t shall be deemed to have approved the proposed fare F Agency may contract w~th other persons or companies in accordance w~th the terms and conditions of th~s agreement to prowde the services specffied herein dunng times when Agency does not operate Transportation servmes provided by such subcontractees shall be in accordance with the terms and conditions of this Agreement II OBLIGATIONS OF AGENCY In conmderatlon of the receipt of funds from the City, Agency agrees to the following terms and conditions Page 2 \\CH LGL\VOLI\SHARED\DEPTxLGL\Our DocumentsXContracts\00\SPAN AGREEMENT 2000 doc A It will continue to estabhsh, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financaal stares of the project and will permit authonzed officials for the City of Denton to review its books at any time B It will comply w~th all federal statutes and regulatmns promulgated thereunder apphcable to the Agency C It will comply with all provisions of the current annual contract between the City and Texas Department of Transportation D It will reduce to writing all of its rules, regulations and pohmes, such as drag testing, tra~mng procedures, gnevance pohcles, and compliance with the Amencans wath Dasablhtles Act, and file a copy with the C~ty Manager or anth(>rlzed representative along wath any amendments, addataons, or revisions whenever adopted E It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement F It wall promptly pay all bills when submitted unless there ~s a discrepancy an a ball, any errors or d~screpanmes an balls shall be promptly reported to the Asmstant Caty Manager of Finance or thear authorized representative for further direction G It will appmnt a representatave who wall be available to meet w~th the Assastant City Manager of Finance and other City officials when requested H It w~ll ~ndemmfy and hold harmless the City from any and all clmms and stats arising out of the activities of the Agency, its employees, or contractors and save and hold the City harmless from all hablhty, including costs, expenses and attorneys fees, for or on account of, any clmms, audit exceptaons, suits, or damages of any character whatsoever resulting an whole or in part from the performance or omassmn of any act of any employee, agent or representative of the Agency, whether or not such claim arises from the sole neghgence of City I It will submit to the City copies of year-end audited financial statements an accordance w~th the prows~ons hereof It shall also submit to the City an annual report to include year-end stat~stms of the number of riders, by route and ndersh~p category, final financml data and other quantitative data enumerating milestones and accomphshments The mformat~on an these reports should be as of September 30, each year, and should be subrmtted to the City no later than November 15, of the corresponding year J It w~ll mmntaln habdaty insurance ~n amounts not less than the statutonly reqmred worker's compensation insurance, $500,000 in automobile habthty insurance coverage, and $1,000,000 in general Ilabd~ty ansurance coverage It will name the City of Denton, Texas and the State of Texas as additional insurers on habthty policies and shall Page 3 \\CH LGL\VOLI\SHARED\DEPTxLGL\Our Documents\Contractsk00\SPAN AGREEMENT 2000 doc provide City with certificates evidencing such coverage Said policies shall not be cancelable unless 30 days written not,ce is given to City before cancellation K Agency shall anticipate and be actively involved in all system public heanngs as reqmred by the American with Disabilities Act and prowde ndership ~nput for system and route changes, at such times as required by law L All requests for reimbursement shall be submitted to the Public Transportation Manager no later than the 10th day of each month The request should detail the number of service hours operated for both the demand response and fixed-route service Reimbursement will be based upon the number of service hours multiplied by the 'fully allocated rate' determined annually for the upcoming fiscal year by the City and Agency prior to September 1 Farebox revenue receipt figures shall also be included in each billing statement, and documentation shall be provided to support such figures In no event under the terms of this Agreement will the total compensation to be paid exceed the mount of the City's FTA and State grants, as outlined in the City's contracts with the State and the FTA M Agency shall submit to the City copies of each accident report, the Police accident report, Agency accident report and indication of drag policy action taken as soon as possible at, er the accident A review of accidents will be conducted quarterly with the assistance of the City's Rask Manager N Agency shall submit evidence of compliance with various federal and state regulations pursuant to City's request O The Agency agrees 1 To comply with the Privacy Act of 1974, 5 USC § 552a and regulations thereunder, when performance under the Project involves the design, development, or operation of any system of records on individuals to be operated by the Agency, its tbard party contractors, sub-grantees, sub-recipients, or their employees to accomplish a Government function, 2 To notify the Government when the Agency or any of its third party contractors, sub-grantees, sub-remplents, or their employees anticipates operating a system of records on behalf of the Government in order to implement the ProJect, if such system contains information about individuals retrievable by the individual's name or other identifier assigned to the mdlvldual A system of records subject to the Act may not be used m the performance of this Agreement until the necessary and applicable approval and publication reqmrements have been met The Agency, ~ts third party contractors, sub-grantees, sub-recipients, and their employees agree to correct, maintain, dlssemmate, and use such records in accordance with the terms of the Act, and to comply with all applicable terms of the Act, Page 4 \\CH LGL\VOLI\SHARED\DEPT~LGL\Our Documcnts\Contracts\00\SPAN AGREEMENT 2000 doc 3 To include in every solicitation and in every third party contract, sub- grant, and sub-agreement when the performance of work under that proposed third party contract, sub-grant, or sub-agreement may involve the design, development, or operation of a system of records on mdlmduals to be operated under that third party contract, sub- grant, or sub-agreement to accomplish a Government function, a Privacy Act notfficat~on anformmg the third party contractor, sub-grantee, or sub-recipient that it will be required to des~gu, develop, or operate a system of records on mdlmduals to accomphsh a Government function subject to the Privacy Act of 1974, 5 U S C § 552a, and Federal agency regulataons, and that a vlolatlon of the Act may involve the lmposmon of cnmlnal penalties, and 4 To include the text of Subsections 125 c (1) through 125 c (4) of Part II of the City's Agreement with the Government, in all third party contracts, sub-grants, and sub-agreements under which work for this Agreement is performed or which is awarded pursuant to this Agreement or wluch may involve the design, development, or operation of such a system of records on behalf of the Government P Prohibition of Drugs The Agency agrees to comply with the following regulations UMTA regulations, "Control of Drug Use in Mass Transportation Operations," 49 C F R Part 653, Department of Transportation regulations, "Drug-Free Workplace Requirements (Grants)," 49 C F R Part 29, Subpart F, and Department of Transportation regulations, "Procedures for Transportation Workplace Drug Testing Programs," 49 C F R Part 40, and "Qualification of Drivers," 49 C F R Part 391, Subpart h Agency shall obtain from its tbnrd party contractors, sub-grantees, and sub- recaplents certfficat~ons reqmred by Department of Transportation regulations, "Government-wide Debarment and Suspension (Non-procurement)," 49 C F R Part 29, and otherwise comply wath the reqmrements of those regulations Q Agency acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the Government in cormectlon with this Project, the Government reserves the right to pursue the procedures and impose on the Agency the penalties of 18 U S C § 1001, 31 U S C §§ 231 and 3801 et seq, and/or 49 U S C app § 1607(h), and may be deemed by the Government to be appropriate The terms of Depar~nent of Transportation regulations, "Program Fraud Clvfl Remedies," 49 C F R Part 31, are applicable to this ProJect III. TIME OF PERFORMANCE The servmes funded by the City shall be undertaken by the Agency within the following time frame From and after the effective date of the agreement through September 30, 2002 This agreement may be renewed on an annual basis by written agreement of the parties Page 5 \\CH LGL\VOLI~SHARED\DEP~LGL\Our Document~\Contracts\00\SPAN AGKEEMENT 2000 doc IV. METHOD OF PAYMENT A Payment by the City for services provided hereunder shall be requested by the Agency by letter addressed to C~ty of Denton, 215 East McKmney, Denton, Texas 76201, Attn Pubhc Transportation Manager B Agency shall make each request for payment ~n accordance with the prowsions herein and all requests for payment shall be submitted to the Pubhc Transportation Manager C Payment shall be made from general funds by wire transfer w~thln 15 days o£ receiving completed bdhng statement The general funds shall be reimbursed through requests from FTA and Texas Department of Transportation D It ~s expressly understood and agreed that (1) the funds payable under th~s Agreement are subject to receipt ofmomes from the State of Texas and the FTA Should the funds be curtailed, or should the City be required to curtail ~ts funding, C~ty shall have the right to terminate th~s Agreement immediately w~thout penalty In no event under the terms oftlus Agreement w~ll the total compensation to be pa~d exceed the amount o£the C~ty~s FTA and State grants, as outhned m the C~ty's contracts w~th the State and the FTA It ~s expressly understood that th~s contract ~n no way obhgates the General Fund or any other momes or credits o£the C~ty of Denton E The C~ty shall not be obhgated or hable under thru contract to any party other than the Agency for payment of any momes or prows~nn of any goods or services V. EVALUATION The Agency agrees to participate ~n an ~mplementat~on and maintenance system whereby ~ts services can be contmuously momtored The Agency agrees to make avadable its fmancml records for re-view by the C~ty at the City's d~scret~on In addition, the Agency agrees to prowde the C~ty eop~es of the £ollowmg data and reports A Ail external or internal audits Agency shall submit a copy o£ the annual ~ndependent audit to City w~th~n ten (10) days of receipt B All external or internal evaluation repons C Agency shall submit quarterly financial statements to C~ty m January, April, July, and September Each statement shall include expenses and income for the Page 6 \\CH LGL\VOLI\SHARED\DEPTxLGL\Our Documents\Contracts\00\SPAN AGKEEMENT 2000 doc preceding quarter and shall identify the number of partlmpants in each transportation program the agency operates Agency shall submit such statements not later than the fiReenth day of the month following the end of each quarter VI. DIRECTORS' MEETINGS Durmg the term of this Agreement, the Agency shall cause to be delivered to the City copies of all notmes of meetings of~ts Board of Directors, setting forth the time and place thereof Such not,ce shall be delivered to the City in a timely manner to give adequate notice, and shall include an agenda and a brief descnptmn of the matters to be d~scussed Agency understands and agrees that City representatives shall be afforded access to all Board &Directors' meetings M~nutes of all meetings of the Agency's governing body shall be submitted to the City within ten (10) working days of approval VII. SUSPENSION OR TERMINATION The C~ty may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause Cause shall include but not be limited to the following A Agency's improper, m~suse, or inept use of funds, B Agency's failure to comply with the temls and conditions of this Agreement, C Agency's submission of data or reports that are incorrect or ~ncomplete in any material respect, D Appointment of a trustee, receiver or liquidator for all or a substantial part of the Agency's property, or restitution of bankruptcy, reorgamzatlon, rearrangement of or hqmdat~on proceedings by or against the Agency, or E If for any reason the carrying out of th~s Agreement is rendered impossible or infeasible In case of suspension, the City shall advise the Agency, ~n writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance In case of termination, the Agency will remit to the City any unexpended City funds Acceptance of these funds shall not constitute a waiver of any clmm the City may otherwise have arising out of this Agreement Page 7 \\CH LGL\VOLI\SHARED\DEPT~LGL\Our Doeuments\Contracts\00\SPAN AGREEMENT-2000 doc VIII EOUAL OPPORTUNITY A Agency will submit for City approval a written plan for comphance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Agreement B Agency shall comply with all applicable equal employment opportunity and affirmative action laws or regulations C Agency will furnish all information and reports requested by the City, and will permit access to its books, records, and ac-counts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations D In the event of the Agency's non-compliance with the Federal non- discrimination requirements, the Agreement may be cancelled, terminated, or suspended in whole or in part, and the Agency may be bar-red from further contracts with the City IX CONFLICT OF INTEREST A The Agency covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement The Agency further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body B The Agency further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his potation for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties C No officer, member, or employee of the City and no member of its governing body who exercises any function or responslblhtles in the review or approval of the undertakang or carrying out of this Agreement shall (1) partmlpate an any decision relating to the Agreement which affects his personal interest or the interest an any corporation, partnership, or association in which he has direct or indirect interest, or (2) have any interest, direct or indirect, m this Agreement or the proceeds thereof X NEPOTISM Agency shall not employ ,n any prod capacity any person who is a member of the immediate family of any person who is currently employed by Agency, or ~s a member of Agency's governing board The term "member of immediate family" ancludes wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister Page 8 \\CH LGL\VOLI\SHARED\DEPTXLGL\Our Documents\Contracts\00\SPAN AGREEMENT 2000 doc XI. SPECIAL CONDITIONS A Agency agrees to undertake, carry out, and complete the Project consistent with the terms and conditions determined by the Secretary of Labor to be fair and equitable to protect the interests of employees affected by the ProJect and meet requirements of Section 13(c) of Federal Transit Act, as amended, 49 U S C App Section 1609(c), and Department of Labor (DOL) gmdehnes set forth in 29 C F R Part 215 These terms and conditions are identtfied ~n the letter of cemficaUon from DOL to FTA whose date ~s set forth in the Notification of Grant Approval to the C~ty The Agency agrees to carry out the Grant ~n comphance with the condmons stated in that DOL letter That letter and any documents cited ~n the letter are incorporated herein by reference and made part of this Grant B Agency agrees to comply with the requirements of Section 8 of the Federal Transit Act, as amended, 49 US C App Section 1607, and any implementing regulations that may be issued thereunder C Agency agrees that it will utilize ~ts administrative process to solicit and consider pubhc comment prior to ratslng fares or ~mplementlng a major reduction of service D Agency agrees that the Federal Government and the C~ty may, at least annually and more frequently m its discretion, e~ther con-duct or require the Agency to have independently conducted, re-views and audits as the Government may deem appropriate pursuant to the provisions of Section 9(g) of the Federal Transit Act, as amended, 49 U S C App Section 1607a(g), and any regulations or guidelines that may be issued by the Government E Agency agrees and assures that the rates charged elderly and handicapped persons dunng nonpeak hours for transportation utihzmg or revolving the facflmes and equipment financed pursuant to tins Agreement will not exceed one-half of the rates generally applicable to other persons at peak hours, whether the operation of such facfl,tleS and equipment is by the Agency or is by another entity under lease or otherwise The Agency agrees and assures that it will give the rate required herein to any person presentmg a Medicare card duly ~ssued to that person pursuant to Title II or T~tle XVIII of the Social Security Act F Agency agrees to comply w~th applicable Buy America statutory and regulatory prowslons The Agency may, without prior approval, procure an associated capital maintenance item ehglble under Section 9(j) of the Federal Transit Act, 49 U S C App Section 1607a(J), by contract darectly w~th the original manufacturer or supplier of the item to be replaced, provided that the Agency first certifies in writing to the Government that (1) such manufacturer or suppher ~s the only source of such item, and (2) the price of such item is no bag, her than the price paid for such ~tem by hke customers Page 9 \\CH LGL\VOLI\SHARED\DEPTxLGL\Our Documents\Contracts\00\SPAN AGREEMENT 2000 doc G Agency shall implement a project management plan, as approved by the Federal Government, ~n accordance w~th the requirements of Sectton 23 of the Federal Transit Act, as amended, 49 USC App Section 1619, and any implementing regu!atmns that may be there-under XII ADDITIONAL COVENANTS OF AGENCY A Defimt~ons As used m th~s section 1 Agreement means any Grant Agreement or Cooperative Agreement 2 An~hcatlon means the s~gned and dated proposal as may be amended for Federal financial assistance for the ProJect, together with all explanatory, supporting, and supplementary documents heretofore filed with and accepted and approved by the Government (UMTA) by or on behalf of the Agency 3 Approval, At~thorlzatmn. Concurrence. Wmver means a conscious written act by an anthonzed officml of the UMTA and C~ty granting perm~ssmn to the Agency to perform or omit an action pursuant to th~s Agreement, which action may not be performed or omitted w~thout such permission An approval, authonzatmn, concurrence, or wmver perm~ttmg the performance or omission of a specffic action shall not constitute permms~on to perform or omit other s~mflar actions unless such permission ~s clearly stated Oral permission or ~nterpretat~ons have no legal force or effect 4 UMTA Directive mcludes the most recent mrculars, notices, and orders that present mformat~on about UMTA programs, apphcatlon processing procedures, and gmdance for adm~mstenng approved Projects, there are also Department of Transportation d~rect~ves that may be apphcable to the Project 5 Government means the United States of America, or ~ts cognizant agency, the Department of Transportation (DOT), or ~ts opera-ting admlmstrat~on, the Urban Mass Transportation Admtmstrat~on (UMTA), used here~n ~nterchangeably 6 Mass Transnortatlon includes public transportation and means transportation by bus, rml or other conveyance, either publicly or privately owned, that prowdes general or special transportation service (but not including school bus, charter or sightseeing service) to the pubhc on a regular and continuing basis 7 Protect means the task or set of tasks provided for ~n the Project Budget whmh the Agency undertakes to perform pursuant to this Agreement 8 Prolect or Program Budget means the most recently dated statement, approved by the Government, of the estimated total cost of the Project or Program, the items to be deducted from such total m order to calculate the estimated net ProJect cost, the maximum amount of Federal assistance for whmh the Agency, tkrough the City, is Page 10 \\CH LGL\VOLI\SHARED\DEPTxLGL\Our Documents\Contracts\00\SPAN AGREEMENT-2000 doc currently eligible, the specific items (including contingencies and relocation) for which the total may be spent, and the estimated cost of each of such ~tems 9 Secretary means Secretary of the Department of Transportation or his or her duly authorized designee 10 UMTA means the Urban Mass Transportation Administration of the U S Department of Transportation 11 City means City of Denton, Texas B In the performance of ars obligations pursuant to this Agreement, the Agency agrees to comply with all applicable provisions of Federal, State, and local Iaws, regulations, and UMTA directives The Agency understand~s and agrees that Federal laws, regulations, policies, and related administrative practices in force and made applicable to this Agreement on the date of execution may be modified from time to time, and that the most recent of such provmons will govern administration of this Agreement at any particular time, except if there is sufficient evidence in the Agreement of a contrary intent Such contrary intent might be evidenced by express language in any amendments to the Agreement Like-wise, new Federal laws, regulations, policies and administrative practices may be established after the date of execution and thereafter be applied to this Agreement As may be necessary to achieve compliance with these requirements, the Agency shall include notice of such requirements in all third party contracts, sub-grants, and other sub-assistance agreements financed with Government (UMTA) assistance All limits or standards set forth in this Agreement to be observed in the performance of the Project are minimum requirements If there is a conflict between Federal and State or local requirements, the Agency shall inform the City and the Government (UMTA) m order that an appropriate resolution may be arranged C Agency shall submit to the City such data, reports, re-cords, contracts, and other documents relating to the Project as the City may, dunng the course of the Project and for three years thereafter, require The Agency shall retain intact, for three years following Project close-out, all Project documents, financial records, and supportmg documents and make these records available to the City as the Cay may require D Agency shall immediately notify the City of any change in law, conditions, or any other event that may s~gmfieantly affect its ability to perform the Project ~n accordance w~th the terms of this Agreement In addition, the Agency shall immediately not~fy the City of any decision pertaimng to the Agency's conduct of ht~gat~on that may affect the City's interests in the Project or the City's administraUon or enforcement of applicable Federal laws or regulations Before the Agency may jo~n the City as a named party to litigation, for any reason, the Agency agrees to first mform the City, th~s prowso apphes to any type of htigat~on whatsoever, m any forum E Absent the express, written consent of the Government or the City and notwithstanding any concurrence by the Government in or approval of the award of any Page 11 \\CH LGL\VOLI\SHARED\DEPT~LGL\Our Documcnts\Contracts\00\SPAN AGREEMENT 2000 doc contract or subcontract or the sohcltatlon thereof, neither the Government nor the City shall be subject to any obhgatlons or liabilities by con-tractors of the City or their subcontractors or any other person not a party to this Agreement in connection with the performance of th~s Proj eot F Agency shall prepare and malntmn a Project Budget A copy of the said budget shall be submitted to the C~ty by March 1 of each year The Agency shall carry out the Project and shall incur obhgatlons against and make disbursements of ProJect funds only m conformity with the latest approved budget for the Project The ProJect Bud-get may be revised, from time to ttme, to the extent permitted by and in conformance w~th the reqmrements of the Government G Agency shall estabhsh and matntmn e~ther a separate set of accounts or accounts, wltNn the framework of an estabhshed and approved accounting system, for the ProJect m a manner consistent with 49 C F R § 18 20, or OMB Circular A-! 10, as amended, as may be apphcable H Consistent w~th the provisions of 49 C F R § 18 21, or OMB Circular A-110, as amended, as may be applicable, the Agency shall record ~n the ProJect Account, and deposit m a bank or trust company all ProJect payments it receives from the City pursuant to this Agreement and all other funds provided for, accrmng to, or otherwise recmved on accoant of the ProJect, (Project Funds) A separate bank account may be reqmred when drawdowns are made by letter of credit The Agency is encouraged to use banks that are owned at least 50 percent by minority group members I Expenthtures made by the Agency shall be rmmbursable as allowable costs to the extent that they meet all the reqmrements set forth below They must 1 Conform w~th the Project Descnptmn and the Project Budget and all other terms of the Agreement, 2 Be necessary m order to accompbsh the Project, 3 Be reasonable in amount for the goods or servtces purchased, 4 Be actual net costs to the Agency 0 e, the price prod minus any refunds, rebates, or other items of value recmved by the Agency that have the effect of reducing the cost actually ~nctm'ed, excluding Program Income), 5 Be incurred (and be for work performed) after the date of tNs Agreement, unless specific authorization from the Government (UMTA) or the City to the contrary IS received, 6 Unless permitted otherwise by Federal statute or regulation, conform with Federal gmdehnes or regulations and Federal cost pnnc~ples as set forth in the Page 12 \\CH-LGL\VOLI\SHARED\DEPTxLGL\Our Documents\Contracts\00\SPAN AGREEMENT 2000 doc standards of OMB C~rcular A-122, Rewsed, "Cost Pnnc~ples for Nonprofit Orgamzat~ons," and the standards of 48 C F R Part 31 are apphcable, 7 Be satisfactorily documented, and 8 Be treated uniformly and consistently under accounting pnnmples and procedures approved and prescribed by the Government or C~ty for the Agency, and those approved or prescribed by the Agency for ~ts contractors J All costs charged to the ProJect, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, t~me records, ~nvomes, contracts, or vouchers emdenmng in detad the nature and propriety of the charges The Agency shall also maintmn accurate records of all ProJect Funds derived from the ~mplementatlon of the ProJect K Any check or order drawn by the Agency w~th respect to any ~tem that ~s or wall be chargeable agmnst the ProJect Account wall be drawn only ~n accordance w~th a properly signed voucher then on file in the office of the Agency statmg ~n proper detail the purpose for wluch such cheek or order ~s drawn All checks, payrolls, ~nvolces, contracts, vouchers, orders, or other accounting documents pertaining in whole or m part to the ProJect shall be clearly ~dentffied, readily accesstble, and, to the extent feasible, kept separate and apart from all other such documents L The Agency shall penmt the Secretary and the Comptroller General of the Umted States, or any of their duly authorized representatives to ~nspect all work, materials, payrolls, and other data and records w~th regard to the Project, and to audtt the books, records, and accounts of the Agency and ~ts contractors with regard to the ProJect In the case of contracts awarded under other than competitive b~dd~ng procedures as defined by the Secretary of Transportation, the Agency shall reqmre those contractors to permit the Secretary of Transportatmn and the Comptroller General of the Umted States, or any of their duly anthonzed representatives to inspect all work, materials, payrolls, and other data and records w~th regard to the Project, and to audit the books, re-cords, and accounts pertaimng to such contracts with regard to the Project If the C~ty ~s found to be responsible for meeting the audit requirements of 49 C F R § 18 26 and OMB C~rcular A-128 or any rems~on or supplement thereto, the Agency shall comply with these requests The Agency ~s responsible for obtaimng any audits reqmred by the Government (UMTA) Closeout of the ProJect will not alter the Agency's audit responsibilities 1 The Agency shall report ~ts cash d~sbursements and balances ~n a t~mely manner as reqmred by the C~ty or Government 2 The Agency shall provide for effective control and accountab~hty for all Project funds consistent w~th Federal reqmrements and procedures for use of the letter of credit Page 13 \\CH LGL\VOLI\SHARED\DEP'ISLGL\Our Documents\Contracts\00\SPAN AGREEMENT 2000 doc 3 The Agency shall ~mpose on its sub-recipients all apphcable reqmrements of Subsections 105 b (1) (a), (b), and (c) of Part II ofthls Agreement M Neither the Agency nor any sub-recipient may use Federal assistance funds for pubhc~ty or propaganda purposes designed to support or defeat legislation pendang before Congress N Agency agrees that 1 Any interest earned by the Agency on Federal funds must be remitted to the Government, except as provided by the Intergovernmental Cooperation Act, 31 U S C § 6503(a), or the In&an Self-Determanatlon Act, 23 U S C § 450 2 Upon notice by the Government (UMTA) to the C~ty of specific mounts due the Government, the Agency shall promptly remit any excess payment of amounts or &sallowed costs to the Government (UMTA), ~nclu&ng any interest due thereon O The Agency recognizes that the Government (UMTA) reserves the right to deobhgate unspent Federal funds prior to ProJect close-out, if such occurs, C~ty may terminate flus Agreement without penalty P Agency agrees that, upon written notme, the City may suspend or terminate all or part of the financial assistance provided herein if the Agency is, or has been, ~n violation of the terms of this Agreement, or if the Government or the C~ty deter-mines that the purposes of the statute under which the Project ~s anthonzed would not be adequately served by continuation of Federal financial assistance for the Project Any failure to make reasonable progress or other violation of the Agreement that significantly endangers substantial performance of the ProJect shall be deemed to be a breach of this Agreement If the Agency's failure either to make adequate progress or to make reasonable use of the Project real property, facilities, or equipment, or to honor the terms of this Agreement ~s determined by the City to be willful or unreason-able, the City reserves the right to reqmre the Agency to refund to the City the entire amount of Project funds provided by the City or any lesser amount as may be determined by the City Q Within 30 days of the termination of this Agreement, the Agency shall subrmt a final Financial Status Report (Standard Form 269), a certfficatlon or summary of Project expenses, and third party audit reports, as applicable Agency agrees that either the Government (UMTA) or an agency designated by the Government (UMTA) will perform a final audit of the ProJect to determine the allow- ability of costs incurred to determine settlement of the Federal assistance for the Project m accordance with Part I of this Agreement If City has made payments to the Agency m excess of the total amount of the l~ederal assistance due, the Agency shall promptly remit to the City that excess and interest as may be required by Subsections 105 b and 105 e of Part II of the City's Agreement w~th the Government ProJect closeout occurs when the C~ty notifies the Agency and forwards the final Federal assistance payment or when the Agency's Page 14 \\CH L(aL\VOLI\SHARED\DEPT~LGL\Our Docurnents\Contracts\00\SPAN AGREEMENT 2000 doc remittance of the proper refund has been acknowledged by the City Project closeout shall not mvahdate any cont~nmng obhgat~ons imposed on the Agency by thru Agreement or by the C~ty's final notfficatlon or acknowledgment R The followmg conditions are apphcable to real property, eqmpment, and supphes financed under th~s Agreement 1 The Agency agrees to observe the property management standards set forth m 49 C F R §§ 18 31, 18 32, and 18 33, or OMB C~rcular A-110, Attachment N, as appropriate, as now or hereafter amended, and any gmdehnes or regulations that the Govenmaent may msue Excepttons to the reqmrements of 49 C F R §§ 18 31, 18 32, and 18 33, and to OMB C~rcular A-110, Attachment N must be spemfically approved by the C~ty The C~ty reserves the right to reqmre the Agency to transfer t~tle to any eqmpment financed w~th Federal assistance made available by th~s Agreement as set forth ~n 49 C F R § 18 32(g) or OMB C~reular A-Il0, Attachment N, as may be appropriate The C~ty also reserves the right to d~rect the d~spos~tmn of real property or eqmpment financed w~th Federal assistance funds made avmlable under th~s Agreement, as set forth ~n 49 CFR §§ 1831 and 1832 or OMB C~rcular A-Il0, Attachment N, as may be applicable 2 The Agency agrees to mmntmn the Project real property, eqmpment, and supphes m good operating order, and ~n accordance w~th any gmdehnes, d~rect~ves, or regulations that UMTA may ~s-sue If, dunng the period, any Project real estate, equipment, or supplies are not used m mass transportation service, whether by planned w~thdrawal, m~suse or casualty loss, the Agency shall munedmtely not~fy the Ctty Unless otherwise approved, the Agency shall remit to the C~ty a proportmnal amount of the falr market value, ff any, of the real property, eqmpment, or supphes whose aggregate value exceeds $5,000, which value shall be determined on the bas~s of the ratio of the Federal assistance awarded by the Government to the actual cost of the ProJect The following gmde-hnes shall be followed ~n determining the fmr market value Unless otherwise approved m wntmg by LrMTA, the fmr market value of eqmpment and supphes will be the value of that property at the t~me ~mmedmtely before the reason occurred that prompted the decision to w~thdraw that property from transit use For example, m the event of loss of or damage to the property by casualty or fire, the fmr market value of the property will be calculated ~mmed~ate-ly before the loss or damage, ~rrespeetlve of the extent of insurance coverage In the case of eqmpment and supphes, futr market value shall be based on straight line deprematlon of the eqmpment and supphes, based on the ~ndustry standard for useful hfe, irrespective of the reason for withdrawal of that property from transit use In the case of real property, the fair market value shall be determined by competent apprmsal based on an appropriate date as determined by the Government consistent wtth the standards of 49 C F R Part 24 The C~ty, however, reserves the right to require another method of valuation to be used if the Government (UMTA) finds that spemal mrcumstances so reqmre to assure the protection of the Federal investment In unusual c~reumstances, the Agency may request that another reasonable method of determ~mng fmr market value be used, ~nclud~ng but not hm~ted to accelerated deprecmtion, comparable sales, or estabhshed market values In Page 15 \~CH LGL\VOLI\SHAILED\DEPTxLGL\Our Documents\Contracts\00\SPAN AGREEMENT 2000 doc determlmng whether to approve an alternate method, the C~ty may consider any action taken, om~sslon made or unfortunate occurrence suffered by the Agency w~th respect to the preservation or conservation of the value of the real property, eqmpment, or supphes that, for any reason, have been w~thdrawn from service 3 The Agency further agrees that the Project real property, eqmpment, and supphes shall be used for the prows~on of mass transportation servme w~thln the area and xn the manner set forth ~n the ProJect Description Should the Agency unreason-ably delay ~n or reft'mn from using ProJect real estate or equipment, ~n the manner set forth xn the ProJect Description, the City reserves the right to reqmre the Agency to return the entire amount of the Federal assistance expended on that real estate or eqmpment The Agency shall keep satisfactory records with regard to the use of the real property, equipment, and supplies, and submit to the City upon request such ~nformat~on as may be required to assure compliance w~th th~s Section and shall ~mme&ately nottfy the City In all cases m wluch ProJect real property, equipment, or supphes are used ~n a manner substantially different from what xs set forth m the ProJect Description The City reserves the right to reqmre the Agency to restore ProJect real property, eqmpment, or supplies or pay for damage to Project real property, eqmpment, or supphes as a result of abuse or m~suse of such property w~th the Agency's knowledge and consent S Agency may not execute any transfer of t~tle, lease, hen, pledge, mortgage, encumbrance, contract, grant antmlpat~on note, alienation, or other obligation that m any way affects the Federal interest in any ProJect real property or equipment, nor may the Agency obligate ~tself, m any other manner, to any third party with respect to ProJect real property or eqmpment, unless such transfer of title, lease, lien, pledge, mortgage, encumbrance, con-tract, grant anticipation note, ahenatlon, or other obligation ns expressly authorized in wrmng by the Cay and Government CUMTA), nor may the Agency, by any act or ommslon, adversely affect the Federal interest or ~mpmr the Agency's contmmng control over the use of ProJect real property or equipment T Cxvll Pdght s 1 Equal Emnlovment Otmortumtv - The follow~ng reqmrements are applicable to the ProJect (a) In cormectxon with ProJect ~mplementatlon, the Agency may not &scnmmate against any employee or applicant for employment because of race, color, age, creed, sex, or national origin The Agency shall take affirmative actmn to ensure that apphcants are employed, and that employees are treated dunng employment, wxth-out regard to their race, color, rehg~on, sex, age, or natmnal origin Such actmn shall include, but not be hmlted to, the following employment, upgra&ng, demotmn or transfer, recruitment or recrmtment advems~ng, layoff or termtnat~on, rates of pay or other, forms of compensatxon, and selectmn for trmmng, ~ncludmg apprent~cestup The Agency shall insert the foregoing prowslon (modified only to show the particular contractual relationship) m all of its contracts in connection with the develop-ment or operatmn of the ProJect, exc~t contracts for standard commercml supplies or raw Page 16 \\CH LGL\VOLI~SHARED\DEPTXLGL\Our Documents\Contracts\00\SPAN AGREEMENT 2000 doc materials and construction contracts, and shall require all such contractors to Insert a s~mflar provision in all subcontracts, except subcontracts for standard commercml supphes or raw materials (b) If, as a condition of assistance, the Agency has submitted, and the City has approved, an equal employment opportunity program that the Agency agrees to carry out, such program is ~ncorporated into thts Agreement by reference Such program shall be treated as a contractual obligation, and failure to carry out the terms of that equal employment opportumty program shall be treated as a violation of this Agreement Upon notfficat~on to the Agency of its failure to carry out the approved program, the Government or the C~ty will impose such remedies as it may deem appropriate, which remedies may include termlnat~on of finaneml assistance as set forth ~n Section 106 of Pm II of the City's Agreement w~th the Government or other measures that may affect the ability of the Agency to obtain future financial asslstanoe under the Urban Mass Transportation Act of 1964, as amended, or title 23, United States Code (Highways) 2 Sraa]l. Minority and Women's Bus~ness Entemnse The followmg provisions are applicable to the Prolect (a) The Agency shall be responsible for meeting the requirements regarding partmapatlon by minority bus~ness enterprises (MBE) ~n Department of Transportation programs set forth at 49 C F R Part 23 Pursuant to the reqmrements of 49 C F R § 23 43, the following clauses must be inserted ~n each third party contract (0 POLICY IT IS THE POLICY OF THE DEPARTMENT OF TRANSPORTATION THAT MINORITY BUSINESS ENTERPRISES, AS DEFINED IN 49 CFR PART 23, SHALL HAVE THE MAXIMUM OPPORTUNITY TO PARTICIPATE IN THE PERFORMANCE OF CONTRACTS FINANCED IN WHOLE OR IN PART WITH FEDERAL FUNDS UNDER THIS AGREEMENT CONSEQUENTLY, THE MBE REQUIRE-MENTS OF 49 CFR PART 23 APPLY TO THIS AGREEMENT (n) MBE OBLIGATION THE AGENCY AND ITS CONTRACTORS AGREE TO ENSURE THAT MINORITY BUSINESS ENTERPRISES AS DEFINED IN 49 CF R PART 23 HAVE THE MAXIMUM OPPORTUNITY TO PARTICIPATE IN THE PERFORMANCE OF CONTRACTS AND SUBCONTRACTS FINANCED IN WHOLE OR IN PART WITH FEDERAL FUNDS PROVIDED UNDER THIS AGREEMENT IN THIS REGARD ALL AGENCIES AND CONTRACTORS SHALL TAKE ALL NECESSARY AND REASON-ABLE STEPS IN ACCORDANCE WITH 49 C F R PART 23 TO ENSURE THAT MINORITY BUSINESS ENTERPRISES HAVE THE MAXIMUM OPPORTUNITY TO COM-PETE FOR AND PERFORM CONTRACTS AGENCY AND ITS CONTRACTORS SHALL NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL Page 17 \\CH LOL\VOLI\SHARED\DEPTXLGL\Our Documents\Contracts\00\SPAN AGREEMENT 2000 doc ORIGIN OR SEX IN THE AWARD AND PERFORMANCE OF CONTRACTS ASSISTED BY THE DEPARTMENT OF TRANSPORTATION (b) The Agency shall advise each sub-recipient, contractor, and subcontractor that failure to carry out the requirements set forth in 49 C F R § 23 43(a) shall constitute a breach of contract and, after the notification of the Department of Transportation, may result in termination of the Agreement or contract by the Agency or such remedy as the Agency deems appropriate (c) The Agency shall take action concerning lessees as follows (t) The Agency shall not exclude MBEs from participation in business opportumt~es by entenng into long-term, exclusive agreements with non-MBEs for the operation of major transportation related activities for the provis~on of goods and services to the facility or to the pubhc on the famhty (n) If the Agency is required to submit affirmative action prog, ams under 49 C F R § 23 41(a)(2) or 49 C F R § 23 41(a)(3) and has business oppoman~tles for lessees, it shall submit for approval to the Department of Transportation with its programs overall goals for the participation as lessees of firms owned and controlled by MBEs These goals shall be for a specified period of time and shall be based on the factors hsted m 49 C F R § 23 45 (g)(5) The Agency shall rewew these goals at least annually, and whenever they expire, analyzing projected versus actual MBE parhc~patlon dunng the period covered by the review and any changes ~n factual circumstances affecting the selection of goals Following each review, the Agency shall submit new overall goals to the Department of Transportation for approval If Agency fails to meet its goals for MBE lessees, it shall demonstrate to the City and the Government in writing that it made reasonable efforts to meet the goals (Ul) Except as provided in this section, the Agency is required to include lessees in affirmative action programs Lessees themselves are not subject to the requirements of this Part, except for the reqmrement under 49 C F R § 23 7 that lessees avoid &scnmlnatlon against MBEs 3 Title VI Clvd Rmhts Act of 1964 The Agency shall comply and shall assure the compliance by contractors and subcontractors under th~s Project with all requirements of T~tle VI of the C~vll Pdghts Act of 1964, 42 U S C § 2000d, Department of Transportation regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation -- Effectuatlon of Title VI of the Civil Raghts Act," 49 C F R Part 21, and the Assurance by the Agency pursuant thereto 4 Nondiscrimination on the Basts of Handicap The Agency shall ensure that all fixed facility construction or alteration and all new equipment included in the Project shall comply with Department of Transportation regulations, "Nonthscnmlnatlon on the Basis of Handicap in Programs and Activities, Receiving or Benefitting from Page 18 \\CH LGL\VOLI~SHARED\DEPTxLGL\Our Documents\Conttacts\00\SPAN AGREEMENT 2000 doc Federal Financial Assistance," 49 CFR Part 27, and UMTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C F R Part 609, and any amendments thereto that may be issued 5 Compet~tton ~n Procurement The Agency agrees to comply w~th the Procurement Standards reqmrements set forth at 49 C F R § 18 36 or OMB C~rcular A- ll0, Attachment O, as may be apphcable, and wtth any supplementary d~rectlves or regulations including UMTA Circular 4220 lB, and any rewsmns thereof, as may be apphcable UMTA reserves the right to rewew the Agency's technical specfficat~ons and reqmrements, where such rewew ~s necessary for proper Project adm~mstrat~on The Agency further agrees that, notwithstanding the reqmrements of Section 121 of Part II of the City's Agreement w~th the Government, no Federal funds shall be used to support procurements utilizing exclusionary or discriminatory specifications 6 Force Account The C~ty and Government (UMTA) reserves the right to determine the extent of ~ts partm~pat~on in fome account costs 7 Settlement of Third Party Contract D~suutes or Breaches The U S Government has a vested ~nterest m the settlement of any d~spute, default, or breach involving any federally-assmted third party contract Agency agrees that the Government retains the right to a proportionate share, based on the pementage of the Federal share committed to the ProJect, of any proceeds derived from any third party recovery Therefore the Agency shall avml ~tself of all legal rights avmlable under any third party con-tract The Agency shall notify the C~ty and Government of any current or prospective lmgat~on or major d~sputed clmm pertmn-mg to any thard party contract The C~ty and Government reserves the right to concur m any compromise or settlement of any clmm by the Agency mvolwng any third party contract If the third party contract contmns a hqmdated damages prowsmn, any hqmdated damages recovered shall be cmdated to the ProJect account revolved unless the Government permits otherwise In the event the Agency wishes to join the Government as a named party to ht~gatlon, for any reason, the Agency agrees to ~nform the City Government before doing so, th~s proviso apphes to any type of ht~gat~on whatsoever, ~n any forum 8 E~hms The Agency shall mamtmn a written code or standards of conduct that shall govern the performance of ~ts officers, employees, board members, or agents engaged ~n the award and admlmstrat~on of contracts supported by Federal funds Such code or standards shall provide that no employee, officer, board member, or agent of the Agency may partlc~pate ~n the select~on, award, or adm~mstrat~on of a contract supported by Federal fimds if a conflict of ~nterest, real or apparent, would be ~nvolved Such a conflict would arise when any of the part,es set forth below has a financial or other interest m the firm selected for award (0 The employee, officer, board member, or agent, (H) Any member of h~s or her ~mmedlate family, Page 19 \\CH LCtL~VOLI\SHARED\DEPTxLGL\Our Documents\Contracts\00\SPAN AGREEMENT 2000 doc (111) His or her partner, or Or) An orgamzat~on that employs, or ~s about to employ, any of the above, The code or standards shall also prowde that the Agency's officers, employees, board members, or agents may neither sohmt nor accept gratumes, favors or anything of monetary value from present or potentml contractors or sub-rectptents The Agency may set mlmmum rules where the financml ~nterest ~s not substanttal or the g~ft ~s an unsohc~ted ~tem of nominal ~ntnnsm value As permitted by State or local law or regulations, such code or standards shall prowde for penalties, sanctmns, or other d~sc~phnary actions for wolatmns by the Agency's officers, employees, board members, or agents, or by contractors or sub-recipients or their agents 9 Interest of M~mbers of or Delegates to Congress No member of or delegate to the Congress of the Umted States shall be admitted to any share or part of tfus Project or to any benefit therefi'om U CONSTRUCTION CONTRACTS The following prows~ons are apphcable to federally assisted construction contracts 1 Nondiscrimination Pursuant to the regulations of the Secretary of Labor at 41 C F R §§ 60-1 4(b)(1) and 60-1 4(c) (a) The Agency hereby agrees that ~t wdl incorporate or cause to be ~ncorporated into any contract for construction work, or modfficataon thereof, as defined m the regulations of the Secretary of Labor at 41 C F R Chapter 60, that ~s prod for ~n whole or m part w~th funds obtmned from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, cooperative agreement, contract, loan, insurance, or guarantee, or under-taken pursuant to a Federal program mvolwng the grant, cooperative agreement, contract, loan, insurance, or guarantee, the following equal oppogumty clause DURING THE PERFORMANCE OF THIS CONTRACT, THE CONTRACTOR AGREES AS FOLLOWS 0) THE CONTRACTOR WILL NOT DISCRIMINATE AGAINST ANY EMPLOY-EE OR APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN THE CONTRACTOR WILL TAKE AFFIRMATIVE ACTION TO ENSURE THAT APPLICANTS ARE EMPLOYED, AND THAT EMPLOYEES ARE TREATED DURING EMPLOYMENT WITHOUT REGARD TO THEIR RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN SUCH ACTION SHALL INCLUDE, BUT NOT BE LIMITED TO THE Page 20 \\CH-LGL\VOLI\SHARED\DEPT~LGL\Our Documents\Contracts\00\SPAN AGREEMENT 2000 doc FOLLOWING EMPLOYMENT, UPGRADING, DEMOTION, OR TRANSFER, RECRUITMENT OR RECRUITMENT ADVERTISING, LAYOFF OR TERMINATION, RATES OF PAY OR OTHER FORMS OF COMPENSATION, AND SELECTION FOR TRAINING, INCLUDING APPRENTICESHIP THE CONTRACTOR AGREES TO POST IN CONSPICUOUS PLACES, AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT, NOTICES TO BE PROVIDED SETTING FORTH THE PROVISIONS OF THIS NONDISCRIMINATION CLAUSE (n) THE CONTRACTOR WILL, 1N ALL SOLICITATIONS OR ADVERTISEMENTS FOR EMPLOYEES PLACED BY OR ON BEHALF OF THE CONTRACTOR, STATE THAT ALL QUALIFIED APPLICANTS WILL RECEIVE CONSIDERATION FOR EMPLOYMENT WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN (m) THE CONTRACTOR WILL SEND TO EACH LABOR UNION OR REPRESENTATIVE OF WORKERS WITH WHICH IT HAS A COLLECTIVE BARGAINING AGREEMENT OR OTHER CONTRACT OR UNDERSTANDING, A NOTICE TO BE PROVIDED ADVISING THE LABOR UNION OR WORKERS' REPRESENTATIVE OF THE CONTRACTOR'S COMMITMENTS UNDER SECTION 202 OF EXECUTIVE ORDER 11246 OF SEPTEMBER 24, 1965, AND SHALL POST COPIES OF THE NOTICE IN CONSPICUOUS PLACES AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT 0v) THE CONTRACTOR WILL COMPLY WITH ALL PROVISIONS OF EXECUTIVE ORDER 11246 OF SEPTEMBER 24, 1965, AND OF THE RULES, REGULATIONS, AND RELEVANT ORDERS OF THE SECRETARY OF LABOR (v) THE CONTRACTOR WILL FURNISH ALL INFORMATION AND REPORTS REQUIRED BY EXECUTIVE ORDER 11246 OF SEPTEMBER 24, 1965, AND BY THE RULES, REGULATIONS, AND ORDERS OF THE SECRETARY OF LABOR, OR PURSUANT THERETO, AND WILL PERMIT ACCESS TO ITS BOOKS, RECORDS AND ACCOUNTS BY THE SECRETARY OF LABOR AND UMTA FOR PURPOSES OF INVESTIGATION TO ASCERTAIN COMPLIANCE WITH SUCH RULES, REGULATIONS, AND ORDERS (w) 1N THE EVENT OF THE CONTRACTOR'S NONCOMPLIANCE WITH THE NONDISCRIMINATION CLAUSES OF THIS AGREEMENT OR WITH ANY OF SUCH RULES, REGULATIONS, OR ORDERS, THIS AGREEMENT MAY BE CANCELLED, Page 21 \\CH LGL\VOLI\SHAP~ED\DEPTXLGL\Our Documonts\Contracts\00\SPAN AGREEMENT-2000 doc TERMINATED, OR SUSPENDED IN WHOLE OR IN PART AND THE CONTRACTOR MAY BE DECLARED INELIGIBLE FOR FURTHER FEDERAL OR FEDERALLY ASSISTED CONTRACTS IN ACCORDANCE WITH PROCEDURES AUTHORIZED IN EXECUTIVE ORDER 11246 OF SEPTEMBER 24, 1965, AND SUCH OTHER SANCTIONS MAY BE IMPOSED AND REMEDIES iNVOKED AS PROVIDED IN EXECUTIVE ORDER 11246 OF SEPTEMBER 24, 1965, OR BY RULE, REGULATION, OR ORDER OF THE SECRETARY OF LABOR, OR AS OTttERWlSE PROVIDED BY LAW (vn) THE CONTRACTOR WILL INCLUDE THE PROVISIONS OF PARAGRAPHS (a) THROUGH (g) OF THIS SUBSECTION IN EVERY SUBCONTRACT OR PURCHASE ORDER UNLESS EXEMPTED BY RULES, REGULATIONS, OR ORDERS OF THE-SECRETARY OF LABOR ISSUED PURSUANT TO SECTION 204 OF EXECUTIVE ORDER 11246 OF SEPTEMBER 24, 1965, SO THAT SUCH PROVISIONS SHALL BE BINDING UPON EACH SUBCONTRACTOR OR VENDOR THE CONTRACTOR WILL TAKE SUCH ACTION WITH RESPECT TO ANY SUBCONTRACT OR PURCHASE ORDER AS THE SECRETARY OF LABOR OR UMTA MAY DIRECT AS A MEANS OF ENFORCING SUCH PROVISIONS, INCLUDING SANCTIONS FOR NONCOMPLIANCE, PROVIDED, HOWEVER, THAT IF A CONTRACTOR BECOMES INVOLVED IN, OR IS THREATENED WITH, LITIGATION WITH A SUBCONTRACTOR OR VENDOR AS A RESULT OF SUCH DIRECTION, THE CONTRACTOR MAY REQUEST THE UNITED STATES TO ENTER INTO SUCH LITIGATION TO PROTECT THE INTERESTS OF THE UNITED STATES (b) The Agency shall assure that each nonexempt pnme contractor and subcontractor shall mclude m each nonexempt contract the reqmrements of Subsection 115 a (1) (a) through (g) of Part II ofth~s Agreement (c) The Agency further agrees that ~t w~ll be bound by this equal opportunity clause with respect to its own employment practmes when tt partm~pates ~n federally assmted construction work, provided that if the Agency so partmlpatlng is a State or local government, th~s equal opportunity clause does not apply to any agency, mstmmentahty or subdlwston of such government that does not partm~pate ~n work under the Agreement (d) The Agency agrees that it wall assist and cooperate actively w~th UMTA and the Secretary of Labor in obtmmng the comphance of contractors and subcontractors w~th the equal opportumty clause and the roles, regulations, and relevant orders of the Secretary of Labor, that ~t wxll prowde UMTA and the Secretary of Labor such reformation as they may require for the supervlsmn of such compliance, and that xt will otherwise assist UMTA in discharging ~ts primary responslb~llty for secunng compliance Page 22 \\CH LGL\VOLI\SHARED\DEpTxLGL\Our Documcnts\Contracts\00\SPAN AGREEMENT 2000 doc (e) The Agency further agrees that tt wtll refrmn from entenng tnto any contract or contract modfficat~on subject to Executtve Order 11246 of September 24, 1965, as amended, wtth any contractor that ts debarred from or has not demonstrated ehgtblhty for Govenunent contracts and federally asststed constructton contracts pursuant to the Executive Order, and wtll carry out such sancttons and penalttes for wolat~on of the equal opportumty clause as may be tmposed upon contractors and subcontractors by UMTA or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, UMTA may take any or all of the following acttons Cancel, termmate, or suspend m whole or m part th~s Agreement, refratn from extendtng any further assistance to the Agency under the program wtth respect to whmh the fmlure or refusal occurred until satisfactory assurance of future comphance has been recetved from such Agency, and refer the case to the Department of Justice for appropriate legal proceedmgs 2 S~ecfficatxons The Agency hereby agrees that ~t wtll ~ncorporate or cause to be ~ncorporated the specifications set forth below tnto all Federal or federally assisted construction contracts, or modifications thereof, m excess of $i0,000 to be performed m geographical areas destgnated by the Dtrector, Office of Federal Contract Compliance Programs of the Department of Labor pursuant to the regulations of the Secretary of Labor at 41 C F R § 60-4 3 and tn construction subcontracts tn excess of $10,000 necessary tn whole or ~n part to the performance of nonconstruct~on Federal contracts and subcontracts covered under Executive Order 11246 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) (1) AS USED IN THESE SPECIFICATIONS (a) "COVERED AREA" MEANS THE GEOGRAPHICAL AREA DESCRIBED IN THE SOLICITATION FROM WHICH THIS CONTRACT RESULTED, (b) "DIRECTOR" MEANS DIRECTOR, OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, OR ANY PERSON TO WHOM THE DIRECTOR DELEGATES AUTHORITY, (c) "EMPLOYER IDENTIFICATION NUMBER" MEANS THE FEDERAL SOCIAL SECURITY NUMBER USED ON THE EMPLOYER'S QUARTERLY FEDERAL TAX RETURN, U S TREASURY DEPARTMENT FORM 941, (d) "MINORITY" INCLUDES Page 23 \\CH-LGL\VOLI\SHAKED\DEPT~LGL\Our Documents\Contracts\00\SPAN AGREEMENT 2000 doc 0) BLACK (ALL PERSONS HAViNG ORIGINS IN ANY OF THE BLACK AFRICAN RACIAL GROUPS NOT OF HISPANIC ORIGiN), (n) HISPANIC (ALL PERSONS OF MEXICAN, PUERTO RICAN, CUBAN, CENTRAL OR SOUTH AMERICAN OR OTHER SPANISH CULTURE OR ORIGIN, REGARDLESS OF RACE), (m) ASIAN AND PACIFIC ISLANDER (ALL PERSONS HAVING ORIGINS IN ANY OF THE ORIGiNAL PEOPLES OF THE FAR EAST, SOUTHEAST ASIA, THE INDIAN SUBCONTiNENT, OR THE PACIFIC ISLANDS), AND 0v) AMERICAN INDIAN OR ALASKAN NATIVE (ALL PERSONS HAViNG ORIGINS iN ANY OF THE ORIGINAL PEOPLES OF NORTH AMERICA AND MAINTAINiNG IDENTIFIABLE TRIBAL AFFILIATIONS THROUGH MEMBERSHIP AND PARTICIPATION OR COMMUNITY IDENTIFICATION) (2) WHENEVER THE CONTRACTOR, OR ANY SUBCONTRACTOR AT ANY TIER, SUBCONTRACTS A PORTION OF THE WORK INVOLVING ANY CONSTRUCTION TRADE, IT SHALL PHYSICALLY iNCLUDE IN EACH SUBCONTRACT IN EXCESS OF $10,000 THE PROVISIONS OF THESE SPECIFICATIONS AND THE NOTICE WHICH CONTAINS THE APPLICABLE GOALS FOR MINORITY AND FEMALE PARTICIPATION AND WHICH IS SET FORTH IN THE SOLICITATIONS FROM WHICH THIS CONTRACT RESULTED (3) IF THE CONTRACTOR IS PARTICIPATING (PURSUANT TO 41 C F R § 60-4 5) IN A HOMETOWN PLAN APPROVED BY THE U S DEPARTMENT OF LABOR IN THE COVERED AREA, EITHER INDIVIDUALLY OR THROUGH AN ASSOCIATION, ITS AFFIRMATIVE ACTION OBLIGATIONS ON ALL WORK IN THE PLAN AREA (INCLUDiNG GOALS AND TIMETABLES) SHALL BE IN ACCORDANCE WITH THAT PLAN FOR THOSE TRADES WHICH HAVE UNIONS PARTICIPATiNG IN THE PLAN CONTRACTORS ·MUST BE ABLE TO DEMONSTRATE THEiR PARTICIPATION iN AND COMPLIANCE WITH THE PROVISIONS OF ANY SUCH HOMETOWN PLAN EACH CONTRACTOR OR SUBCONTRACTOR PARTICIPATING IN AN APPROVED PLAN IS INDIVIDUALLY REQUIRED TO COMPLY WITH ITS OBLIGATIONS UNDER THE EEO CLAUSE, AND TO MAKE A GOOD FAITH EFFORT TO ACHIEVE EACH GOAL UNDER THE PLAN iN EACH TRADE IN WHICH IT HAS EMPLOYEES THE OVERALL GOOD FAITH PERFORMANCE BY Page 24 \\CH LGL\VOLI\SHARED\DEPT~LGL\Our Documents\Contracts\00XSPAN AGREEMENT 2000 doc OTHER CONTRACTORS OR SUBCONTRACTORS TOWARD A GOAL IN AN APPROVED PLAN DOES NOT EXCUSE ANY COVERED CONTRACTOR'S OR SUBCONTRACTOR'S FAILURE TO MAKE GOOD FAITH EFFORTS TO ACHIEVE THE PLAN GOALS AND TIMETABLES (4) THE CONTRACTOR SHALL IMPLEMENT THE SPECIFIC AFFIRMATIVE ACTION STANDARDS PROVIDED 1N PARAGRAPHS (7) (a) THROUGH (p) OF THESE SPECIFICATIONS THE GOALS SET FORTH IN THE SOLICITATION FROM WHICH THIS CONTRACT RESULTED ARE EXPRESSED AS PERCENTAGES OF THE TOTAL HOURS OF EMPLOYMENT AND TRAINING OF MINORITY AND FEMALE UTILIZATION THE CONTRACTOR SHOULD REASONABLY BE ABLE TO ACHIEVE IN EACH CONSTRUCTION TRADE IN WHICH IT HAS EMPLOYEES IN THE COVERED AREA COVERED CONSTRUCTION CONTRACTORS PERFORMING CONSTRUCTION WORK IN GEOGRAPHICAL AREAS WHERE THEY DO NOT HAVE A FEDERAL OR FEDERALLY ASSISTED CONSTRUCTION CONTRACT SHALL APPLY THE MINORITY AND FEMALE GOALS ESTABLISHED FOR THE GEOGRAPHICAL AREA WHERE THE WORK IS BEING PERFORMED GOALS ARE PUBLISHED PERIODICALLY IN THE ]~EDERAL REGISTER IN NOTICE FORM, AND SUCH NOTICES MAY BE OBTAINED FROM ANY OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS OFFICE OR FROM FEDERAL PROCUREMENT CONTRACTING OFFICERS THE CONTRACTOR IS EXPECTED TO MAKE SUBSTANTIALLY UNIFORM PROGRESS TOWARD ITS GOAL IN EACH CRAFT DURING THE PERIOD SPECIFIED (5) NEITHER THE PROVISIONS OF ANY COLLECTIVE BARGAINING AGREEMENT, NOR THE FAILURE BY A UNION WITH WHOM THE CONTRACTOR HAS A COLLECTIVE BARGAINING AGREEMENT, TO REFER EITHER MINORITIES OR WOMEN SHALL EXCUSE THE CONTRACTOR'S OBLIGATIONS UNDER THESE SPECIFICATIONS, EXECUTIVE ORDER 11246, OR THE REGULATIONS PROMULGATED PURSUANT THERETO (6) IN ORDER FOR THE NONWORKiNG TRAINING HOURS OF APPRENTICES AND TRAINEES TO BE COUNTED IN MEETING THE GOALS, SUCH APPRENTICES AND TRAINEES MUST BE EMPLOYED BY THE CONTRACTOR DURING THE TRAINING PERIOD, AND THE CON-TRACTOR MUST HAVE MADE A COMMITMENT TO EMPLOY THE APPRENTICES AND TRAINEES AT THE COMPLETION OF THEIR TRAINING, SUBJECT TO THE AVAILABILITY OF EMPLOYMENT OPPORTUNITIES TRAINEES MUST BE TRAINED Page 25 \\CH-LGL\VOLI\SHAKED\DEPTxLGL\Our Documents\Conlracts\00\SPAN AGREEMENT 2000 doc PURSUANT TO TRAINING PROGRAMS APPROVED BY THE U S DEPARTMENT OF LABOR (7) THE CONTRACTOR SHALL TAKE SPECIFIC AFFIRMATIVE ACTIONS TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY THE EVALUATION OF THE CONTRACTOR'S COMPLIANCE WITH THESE SPECIFICATIONS SHALL BE BASED UPON ITS EFFORT TO ACHIEVE MAXIMUM RESULTS FROM ITS ACTIONS THE CONTRACTOR SHALL DOCUMENT THESE EFFORTS FULLY, AND SHALL IMPLEMENT AFFIRMATIVE ACTION STEPS AT LEAST AS EXTENSIVE AS THE FOLLOWING (a) ENSURE AND MAINTAIN A WORKING ENVIRONMENT FREE OF HARASSMENT, INTIMIDATION, AND COERCION AT ALL SITES, AND IN ALL FACILITIES AT WHICH THE CON-TRACTOR'S EMPLOYEES ARE ASSIGNED TO WORK THE CONTRACTOR, WHERE POSSIBLE, WILL ASSIGN TWO OR MORE WOMEN TO EACH CONSTRUCTION PROJECT THE CONTRACTOR SHALL SPECIFICALLY ENSURE THAT ALL FOREMEN, SUPERINTENDENTS, AND OTHER ON-SITE SUPERVISORY PERSONNEL ARE AWARE OF AND CARRY OUT THE CONTRACTOR'S OBLIGATION TO MAINTAIN SUCH A WORKING ENVIRONMENT, WITH SPECIFIC ATTENTION TO MINORITY OR FEMALE INDIVIDUALS WORKING AT SUCH SITES OR IN SUCH FACILITIES (b) ESTABLISH AND MAINTAIN A CURRENT LIST OF MINORITY AND FEMALE RECRUITMENT SOURCES, PROVIDE WRITTEN NOTICE TO MINORITY AND FEMALE RECRUITMENT SOURCES AND TO COMMUNITY ORGANIZATIONS WHEN THE CONTRACTOR OR ITS UNIONS HAVE EMPLOYMENT OPPORTUNITIES AVAILABLE, AND MAINTAIN A RECORD OF THE ORGANIZATIONS' RESPONSES (c) MAINTAIN A CURRENT FILE OF THE NAMES, ADDRESSES AND TELEPHONE NUMBERS OF EACH MINORITY AND FEMALE OFF-THE-STREET APPLICANT AND MINORITY OR FEMALE REFERRAL FROM A UNION, A RECRUITMENT SOURCE OR COMMUNITY ORGANIZATION AND OF WHAT ACTION WAS TAKEN WITH RESPECT TO EACH SUCH INDIVIDUAL IF SUCH INDIVIDUAL WAS SENT TO THE UNION HIRING HALL FOR REFERRAL AND WAS NOT REFERRED BACK TO THE CONTRACTOR BY THE UNION OR, IF REFERRED, NOT EMPLOYED BY THE CONTRACTOR, THIS SHALL BE DOCUMENTED IN THE FILE WITH THE REASON THEREFOR, ALONG WITH WHATEVER ADDITIONAL ACTIONS THE CONTRACTOR MAY HAVE TAKEN Page 26 \\CH LGL\VOLI\SHARED\DEPTxLGL\Our Documonts\Contracts\00\SPAN AGREEMENT 2000 doc (d) PROVIDE IMMEDIATE WRITTEN NOTIFICATION TO THE DIRECTOR WHEN THE UNION OR UNIONS WITH WHICH THE CONTRACTOR HAS A COLLECTIVE BARGAINING AGREEMENT HAS NOT REFERRED TO THE CONTRACTOR A MINORITY PERSON OR WOMAN SENT BY THE CONTRACTOR, OR WHEN THE CONTRACTOR HAS OTHER INFORMATION THAT THE UNION REFERRAL PROCESS HAS IMPEDED THE CONTRACTOR'S EFFORTS TO MEET ITS OBLIGATIONS (e) DEVELOP ON-THE-JOB TRAINING OPPORTUNITIES AND/OR PARTI-CIPATE IN TRAINING PROGRAMS FOR THE AREA WHICH EXPRESSLY INCLUDE MINORITIES AND WOMEN, INCLUDING UPGRADING PROGRAMS AND APPRI~ NTICESHIP AND TRAINEE PROGRAMS RELEVANT TO THE CONTRACTOR'S EMPLOYMENT NEEDS, ESPECIALLY THOSE PROGRAMS FUNDED OR APPROVED BY THE DEPARTMENT OF LABOR THE CONTRACTOR SHALL PROVIDE NOTICE OF THESE PRO-GRAMS TO THE SOURCES COMPILED UNDER (7)(b) ABOVE (f) DISSEMINATE THE CONTRACTOR'S EEO POLICY BY PROVIDING NOTICE OF THE POLICY TO UNIONS AND TRAINING PROGRAMS AND REQUESTING THEIR COOPERATION IN ASSISTING THE CONTRACTOR IN MEETING ITS EEO OBLIGATIONS, BY INCLUDING IT IN ANY POLICY MANUAL AND COLLECTIVE BARGAINING AGREEMENT, BY PUBLICIZING IT IN THE COMPANY NEWSPAPER, ANNUAL REPORT, ETC, BY SPECIFIC REVIEW OF THE POLICY WITH ALL MANAGEMENT PERSONNEL AND WITH ALL MINORITY AND FEMALE EMPLOYEES AT LEAST ONCE A YEAR, AND BY POSTING THE COMPANY EEO POLICY ON BULLETIN BOARDS ACCESSIBLE TO ALL EMPLOYEES AT EACH LOCATION WHERE CONSTRUCTION WORK IS PERFORMED (g) REVIEW, AT LEAST ANNUALLY, THE COMPANY'S EEO POLICY AND AFFIRMATIVE ACTION OBLIGATIONS UNDER THESE SPECIFICATIONS WITH ALL EMPLOYEES HAVING RESPONSIBILITY FOR HIRING, ASSIGNMENT, LAYOFF, TERMINATION OR OTHER EMPLOYMENT DECISIONS INCLUDING SPECIFIC REVIEW OF THESE ITEMS WITH ON-SITE SUPERVISORY ,PERSONNEL SUCH AS SUPERINTENDENTS, GENERAL FOREMAN, ETC, PRIOR TO THE INITIATION OF CONSTRUCTION WORK AT ANY JOB SITE A WRITTEN RECORD SHALL BE MADE AND MAINTAINED IDENTIFYING THE TIME AND PLACE OF THESE MEETINGS, PERSONS ATTENDING, SUBJECT MATTER DISCUSSED, AND DISPOSITION OF THE SUBJECT MATTER Page 27 \\CH LOL\VOLI\SHAKED\DEPT~LGL\Our Documents\Contracts\00\SPAN AGP~EEMENT 2000 doc (h) DISSEMINATE THE CONTRACTOR'S EEO POLICY EXTERNALLY BY INCLUDING IT IN ANY ADVERTISING 1N THE NEWS MEDIA, SPECIFICALLY INCLUDING MINORITY AND FEMALE NEWS MEDIA, AND PROVIDING WRITTEN NOTIFICATION TO AND DISCUSSING THE CONTRACTOR'S EEO POLICY WITH OTHER CONTRACTORS AND SUBCONTRACTORS WITH WHOM THE CONTRACTOR DOES OR ANTICIPATES DOING BUSINESS (1) DIRECT RECRUITMENT EFFORTS, BOTH ORAL AND WRITTEN, TO MINORITY, FEMALE AND COMMUNITY ORGANIZATIONS, TO SCHOOLS WITH MINORITY AND FEMALE STUDENTS AND TO MINORITY AND FEMALE RECRUIT-MENT AND TRAINING ORGANIZATIONS SERVING THE~ CONTRACTOR'S RECRUITMENT AREA AND EMPLOYMENT NEEDS NOT LATER THAN ONE MONTH PRIOR TO THE DATE FOR THE ACCEPTANCE OF APPLICATIONS FOR APPRENTICESHIP OR OTHER TRAINING BY ANY RECRUITMENT SOURCE, THE CONTRACTOR SHALL SEND WRITTEN NOTICE TO ORGANIZATIONS SUCH AS THE ABOVE, DESCRIBING THE OPENINGS, SCREENING PROCEDURES, AND TESTS TO BE USED IN THE SELECTION PROCESS (J) ENCOURAGE PRESENT MINORITY AND FEMALE EMPLOYEES TO RECRUIT OTHER MINORITY PERSONS AND WOMEN AND, WHERE REASONABLE, PROVIDE AFTER SCHOOL, SUMMER AND VACATION EMPLOYMENT TO MINORITY AND FEMALE YOUTH, BOTH ON THE SITE AND IN OTHER AREAS OF THE CONTRACTOR'S WORK FORCE (k) VALIDATE ALL TESTS AND OTHER SELECTION REQUIREMENTS WHERE THERE IS AN OBLIGATION TO DO SO UNDER 41 C F R PART 60-3 (1) CONDUCT, AT LEAST ANNUALLY, AN INVENTORY AND EVALUATION AT LEAST OF ALL MINORITY AND FEMALE PERSONNEL FOR PROMOTIONAL OPPORTUNITIES AND ENCOURAGE THESE EMPLOYEES TO SEEK OR TO PREPARE FOR, THROUGH APPROPRIATE TRAINING, ETC, SUCH OPPORTUNITIES (m) ENSURE THAT SENIORITY PRACTICES, JOB CLASSIFICATIONS, WORK ASSIGNMENTS AND OTHER PERSONNEL PRACTICES DO NOT HAVE A DISCRIMINATORY EFFECT BY CONTINUALLY MONITORING ALL PERSONNEL AND EMPLOYMENT RELATED ACTIVITIES TO ENSURE THAT THE EEO POLICY AND THE CONTRACTOR'S OBLIGATIONS UNDER THESE SPECIFICATIONS ARE BEING CARRIED OUT Page 28 \\CH LGL\VOLI\SHARED\DEPTXLGL\Our Docum~nts\Contracts\00\SPAN AGREEMENT 2000 doc (n) ENSURE THAT ALL FACILITIES AND COMPANY ACTIVITIES ARE NONSEGREGATED EXCEPT THAT SEPARATE OR SiNGLE-USER TOILET AND NECESSARY CHANGING FACILITIES SHALL BE PROVIDED TO ASSURE PRIVACY BETWEEN SEXES (o) DOCUMENT AND MAINTAiN A RECORD OF ALL SOLICITATIONS OF OFFERS FOR SUBCONTRACTS FROM MiNORITY AND FEMALE CONSTRUCTION CONTRACTORS AND SUPPLIERS, iNCLUDiNG CIRCULATION OF SOLICITATIONS TO MiNORITY AND FEMALE CONTRACTOR ASSOCIATIONS AND OTHER BUSiNESS ASSOCIATIONS (p) CONDUCT A REVIEW, AT LEAST ANNUALLY, OF ALL SUPERVISORS' ADHERENCE TO AND PERFORMANCE UNDER THE CONTRACTOR'S EEO POLICIES AND AFFIRMATIVE ACTION OBLIGATIONS (8) CONTRACTORS ARE ENCOURAGED TO PARTICIPATE iN VOLUNTARY ASSOCIATIONS THAT ASSIST iN FULFILLiNG ONE OR MORE OF THEIR AFFIRMATIVE ACTION OBLIGATIONS SET FORTH iN PARAGRAPHS (7) (a) THROUGH (p) THE EFFORTS OF A CONTRACTOR ASSOCIATION, JOINT CONTRACTOR UNION, CONTRACTOR COMMUNITY, OR OTHER SIMILAR GROUP OF WHICH THE CONTRACTOR IS A MEMBER AND PARTICIPANT, MAY BE ASSERTED AS FULFILLiNG ANY ONE OR MORE OF ITS OBLIGATIONS UNDER PARAGRAPHS (7) (a) THROUGH (p) OF THESE SPECiFICATIONS, PROVIDED THAT THE CONTRACTOR ACTIVELY PARTICIPATES iN THE GROUP, MAKES EVERY EFFORT TO ASSURE THAT THE GROUP HAS A POSITIVE IMPACT ON THE EMPLOYMENT OF MiNORITIES AND WOMEN iN THE INDUSTRY, ENSURES THAT THE CONCRETE BENEFITS OF THE PROGRAM ARE REFLECTED iN THE CONTRACTOR'S MINORITY AND FEMALE WORK FORCE PARTICIPATION, MAKES A GOOD FAITH EFFORT TO MEET ITS INDIVIDUAL GOALS AND TIMETABLES, AND CAN PROVIDE ACCESS TO DOCUMENTATION THAT DEMONSTRATES THE EFFECTIVENESS OF ACTIONS TAKEN ON BEHALF OF THE CONTRACTOR THE OBLIGATION TO COMPLY, HOWEVER, IS THE CONTRACTOR'S AND FAILURE OF SUCH A GROUP TO FULFILL AN OBLIGATION SHALL NOT BE A DEFENSE FOR THE CONTRACTOR'S NONCOMPLIANCE (9) A SINGLE GOAL FOR MINORITIES AND A SEPARATE SiNGLE GOAL FOR WOMEN HAVE BEEN ESTABLISHED THE CONTRACTOR, HOWEVER, IS REQUIRED TO PROVIDE EQUAL EMPLOYMENT OPPORTUNITY AND TO TAKE AFFIRMATIVE Page 29 \\CH LGL\VOLI\SHARED\DEPT~LGL\Our Documen~s\Contracts\00~SPAN AGREEMENT 2000 doc ACTION FOR ALL MINORITY GROUPS, BOTH MALE AND FEMALE, AND ALL WOMEN, BOTH MINORITY AND NON-MINORITY CONSEQUENTLY, THE CONTRACTOR MAY BE IN VIOLATION OF THE EXECUTIVE ORDER IF A PARTICULAR GROUP IS EMPLOYED IN A SUBSTANTIALLY DISPARATE MANNER (EVEN THOUGH THE CONTRACTOR HAS ACHIEVED ITS GOAL FOR WOMEN GENERALLY, THE CONTRACTOR MAY BE IN VIOLATION OF THE EXECUTIVE ORDER IF A SPECIFIC MINORITY GROUP OF WOMEN IS UNDERUTILIZED) (10) THE CONTRACTOR SHALL NOT USE THE GOALS AND TIMETABLES OR AFFIRMATIVE ACTION STANDARDS TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN (11) THE CONTRACTOR SHALL NOT ENTER INTO ANY SUBCONTRACT WITH ANY PERSON OR FIRM DEBARRED FROM GOVERNMENT CONTRACTS PURSUANT TO EXECUTIVE ORDER 11246 (12) THE CONTRACTOR SHALL CARRY OUT SUCH SANCTIONS AND PENAL-TIES FOR VIOLATION OF THESE SPECIFICATIONS AND OF THE EQUAL OPPORTUNITY CLAUSE, INCLUDING SUSPENSION, TERMINATION AND CANCELLATION OF EXISTING SUBCONTRACTS AS MAY BE IMPOSED OR ORDERED PURSUANT TO EXECUTIVE ORDER 11246, AS AMENDED, AND ITS IMPLEMENTING REGULATIONS, BY THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS ANY CONTRACTOR WHO FAILS TO CARRY OUT SUCH SANCTIONS AND PENALTIES SHALL BE IN VIOLATION OF THESE SPECIFICATIONS AND EXECUTIVE ORDER 11246, AS AMENDED (13) THE CONTRACTOR, IN FULFILLING ITS OBLIGATIONS UNDER THESE SPECIFICATIONS, SHALL IMPLEMENT SPECIFIC AFFIRMATIVE ACTION STEPS, AT LEAST AS EXTENSIVE AS THOSE STANDARDS PRESCRIBED IN PARAGRAPH (7) OF THESE SPECIFICATIONS, SO AS TO ACHIEVE MAXIMUM RESULTS FROM ITS EFFORTS TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY IF THE CONTRACTOR FAILS TO COMPLY WITH THE REQUIREMENTS OF THE EXECUTIVE ORDER, THE IMPLEMENTING REGULATIONS, OR THESE SPECIFICATIONS, THE DIRECTOR SHALL PROCEED IN ACCORDANCE WITH 41 C F R § 60-4 8 (14) THE CONTRACTOR SHALL DESIGNATE A RESPONSIBLE OFFICIAL TO MONITOR ALL EMPLOYMENT RELATED ACTIVITY TO ENSURE THAT THE COMPANY EEO POLICY IS BEING CARRIED Page 30 \'CH LGL\VOLI\SHARED\DEPT~LGL\Our Documents\Contracts\00\SPAN AGREEMENT 2000 doc OUT, TO SUBMIT REPORTS RELATING TO THE PROVISIONS HEREOF AS MAY BE REQUIRED BY THE GOVERNMENT AND TO KEEP RECORDS RECORDS SHALL AT LEAST iNCLUDE FOR EACH EMPLOYEE THE NAME, AD-DRESS, TELEPHONE NUMBERS, CONSTRUCTION TRADE, UNION AFFILIATION IF ANY, EMPLOYEE IDENTIFICATION NUMBER WHEN ASSIGNED, SOCIAL SECURITY NUMBER, RACE, SEX, STATUS (E G, MECHANIC, APPRENTICE TRAINEE, HELPER, OR LABORER), DATES OF CHANGES IN STATUS, HOURS WORKED PER WEEK IN THE INDICATED TRADE, RATE OF PAY, AND LOCATIONS AT WHICH THE WORK WAS PERFORMED RECORDS SHALL BE MAINTAINED IN AN EASILY UNDERSTANDABLE AND RETRIEVABLE FORM, HOWEVER, TO THE EXTENT THAT EXISTING RECORDS SATISFY THIS REQUIREMENT, CONTRACTORS SHALL NOT BE REQUIRED TO MAINTAIN SEPARATE RECORDS (15) NOTHING HEREIN PROVIDED SHALL BE CONSTRUED AS A LEvlITATION UPON THE APPLICATION OF OTHER LAWS THAT ESTABLISH DIFFERENT STANDARDS OF COMPLIANCE OR UPON THE APPLICATION OF REQUIREMENTS FOR THE HIRING OF LOCAL OR OTHER AREA RESIDENTS (E G, THOSE UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1977 AND THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM) 3 Notice The Agency hereby agrees that at will ensure that the notice set forth below shall be included m, and shall be a part of, all sohmtatlons for offers and Mds on all Federal and federally assisted construction contracts or subcontracts in excess of $10,000 to be performed m geographical areas designated by the Director, Office of Federal Contract Compliance Programs of the Department of Labor at 4I C F R § 60- 42 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) (1) THE OFFEROR'S OR BIDDER'S ATTENTION IS CALLED TO THE "EQUAL OPPORTUNITY CLAUSE" AND THE "STANDARD FEDERAL EQUAL EMPLOYMENT SPECIFICATIONS" SET FORTH HEREIN (2) (a) THE GOALS AND THE TIMETABLES FOR MINORITY AND FEMALE PARTICIPATION, EXPRESSED IN PERCENTAGE TERMS FOR THE CONTRACTOR'S AGGREGATE WORK FORCE IN EACH TRADE ON ALL CONSTRUCTION WORK IN THE COVERED AREA, ARE AS FOLLOWS Page 31 \\CH-LGL\VOLI~SHARED\DEPTkLGL\Our Docum~nts\Contmcts\OO\SPAN AGREEMENT 2000 doc TIMETABLES GOALS FOR MINORITY GOALS FOR FEMALE PARTICIPATION IN EACH PARTICIPATION 1N TRADE EACH TRADE INSERT GOALS FOR EACH INSERT GOALS FOR YEAR EACH YEAR (b) THESE GOALS ARE APPLICABLE TO ALL THE CONTRACTOR'S CONSTRUCTION WORK (WHETHER OR NOT IT IS bEDERAL OR FEDERALLY ASSISTED) PERFORMED IN THE COVERED AREA IF THE CONTRACTOR PERFORMS CONSTRUCTION WORK IN A GEOGRAPHICAL AREA LOCATED OUTSIDE OF THE COVERED AREA, IT SHALL APPLY THE GOALS ESTABLISHED FOR SUCH GEOGRAPHICAL AREA WHERE THE WORK IS ACTUALLY PERFORMED WITH REGARD TO THIS SECOND AREA, THE CONTRACTOR ALSO IS SUBJECT TO THE GOALS FOR BOTH ITS FEDERALLY INVOLVED AND NON-FEDERALLY INVOLVED CONSTRUCTION (c) THE CONTRACTOR'S COMPLIANCE WITH THE EXECUTIVE ORDER AND THE REGULATIONS AT 41 C F R PART 60-4 SHALL BE BASED ON ITS IMPLEMENTATION OF THE EQUAL OPPORTUNITY CLAUSE, SPECIFIC AFFIRMATIVE ACTION OBLIGATIONS REQUIRED BY THE SPECIFICATIONS SET FORTH AT 41 C F R § 60-4 3(a), AND ITS EFFORTS TO MEET THE GOALS THE HOURS OF MINORITY AND FEMALE EMPLOYMENT AND TRAINING MUST BE SUBSTANTIALLY UNIFORM THROUGHOUT THE LENGTH OF THE CONTRACT, AND IN EACH TRADE, AND THE CONTRACTOR SHALL MAKE A GOOD FAITH EFFORT TO EMPLOY MINORITIES AND WOMEN EVENLY ON EACH OF ITS PROJECTS THE TRANSFER OF MINORITY OR FEMALE EMPLOYEES OR TRAINEES FROM CONTRACTOR TO CONTRACTOR OR FROM PROJECT TO PROJECT FOR THE SOLE PURPOSE OF MEETING THE CONTRACTOR'S GOALS SHALL BE A VIOLATION OF THE CON-TRACT, THE EXECUTIVE ORDER, AND THE REGULATIONS IN AT C F R PART 60-4 COMPLIANCE WITH THE GOALS WILL BE MEASURED AGAINST THE TOTAL WORK HOURS PERFORMED (3) THE CONTRACTOR SHALL PROVIDE WRITTEN NOTIFICATION TO THE DIRECTOR OF THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS WITHIN 10 WORKING DAYS OF AWARD OF ANY CONSTRUCTION SUBCONTRACT IN EXCESS OF $10,000 AT ANY TIER FOR CONSTRUCTION WORK UNDER THE CONTRACT RESULTING FROM THIS SOLICITATION THE Page 32 \\CH I GL\VOLI\SHARED\DEPTxLGL\Our Documents\Contracts\00\SPAN AGREEMENT 2000 doc NOTIFICATION SHALL LIST THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE SUBCONTRACTOR, EMPLOYER IDENTIFICATION NUMBER OF THE SUBCONTRACTOR, ESTIMATED DOLLAR AMOUNT OF THE SUBCONTRACT, ESTIMATED STARTING AND COMPLETION DATES OF THE SUBCONTRACT, AND THE GEOGRAPHICAL AREA IN WHICH THE SUBCONTRACT IS TO BE PERFORMED (4) AS USED IN THIS NOTICE, AND IN THE CONTRACT RESULTING FROM THIS SOLICITATION, THE "COVERED AREA" IS (INSERT DESCRIPTION OF THE GEOGRAPHICAL AREAS WHERE THE CONTRACT IS TO BE PERFORMED, GIVING THE STATE, COUNTY AND CITY, IF ANY) 4 Acconl~odat~ons for the Phvsmallv Handlcam~ed UMTA asssst-ed construction, designs, and alterations shall be undertaken in accordance with and meet the reqmrements of the prowmons of General Servmes Adm~mstrat~on (GSA) regulatmns set forth at 41 C F R Subpart 101-19 6, unless an exception ~s granted ~n writing by UMTA or a wmver ~s granted ~n wntlng by GSA 5 Contract Security The Agency shall follow the reqmre-ments of 49 C F R § 18 36(h) or OMB C~mular A-Il0, Attachment B, as apph-cable, and Federal (UMTA) gmdehnes with regard to b~d guarantees and bonding requirements 6 S~mas The Agency shall cause to be erected at the site of construction, and mmntamed dunng construction, s~gns satmfacto-ry to the Department of Transportation ~dentffymg the ProJect and ~nd~catmg that the Government is partm~patlng in the development of the ProJect 7 Safety Standards Pursuant to section 107 of the Con-tract Work Hours and Safety Standards Act and Department of Labor regulations set forth at 29 C F R § 1926, no laborer or mechanm working on a construction contract shall be reqmred to work m surroundings or under working conditions that are unsanl-tary, hazardous, or dangerous to h~s or her health and safety as deter-mined under construction and health standards promulgated by the Secretary of Labor 8 Lmmdated Damages The Agency shall include ~n all con-tracts for construction a clause providing for hquldated damages, where appropriate Liquidated damages clauses are appropriate ~f the part,es may reasonably expect to suffer damages 0ncreased costs on the ProJect involved) from the late completion of the con-struct~on and the extent or amount of such damages would be dlffi-cult or impossible to determine The assessment for damages shall be at a specffic rate per day for each day of overran in contract t~me, and the rate must be specffied in the third party contract Any hqmdated damages recovered shall be credited to the Project account ~nvolved unless the Government permits otherwise Page 33 \\CH-LGL\VOLI\SHARED\DEPTxLGL\Our Documents\Contracts\00\SPAN AGREEMENT 2000 doc V Pursuant to regulatlons set forth at 29 C F R Part 5, the following prows~ons shall be incorporated m each constructmn contract of $25,000 let by the Agency m carrying out the Project 1 MINIMUM WAGES (a) ALL LABORERS AND MECHANICS EMPLOYED OR WORKING UPON THE SITE OF THE WORK (OR UNDER THE UNITED STATES HOUSING ACT OF 1937 OR UNDER THE HOUSING ACT OF 1949 IN THE CONSTRUCTION OR DEVELOPMENT OF THE PROJECT), WILL BE PAID UNCONDITIONALLY AND NOT LESS OFTEN THAN ONCE A WEEK, AND WITHOUT SUBSEQUENT DEDUCTION OR REBATE ON ANY ACCOUNT (EXCEPT SUCH PAYROLL DEDUCTIONS AS ARE PERMITTED BY REGULATIONS ISSUED BY THE SECRETARY OF LABOR UNDER THE COPELAND ACT, 29 C F R PART 3), THE FULL AMOUNT OF WAGES AND BONA FIDE FRINGE BENEFITS (OR CASH EQUIVALENTS THEREOF) DUE AT THE TIME OF PAYMENT COMPUTED AT RATES NOT LESS THAN THOSE CONTAINED IN THE WAGE DETERMINATION OF THE SECRE-TARY OF LABOR WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, REGARDLESS OF ANY CONTRACTUAL RELATION-SHIP WHICH MAY BE ALLEGED TO EXIST BETWEEN THE CONTRACTOR AND SUCH LABORERS AND MECHANICS CONTRIBUTIONS MADE OR COSTS REASONABLY ANTICIPATED FOR BONA FIDE FRINGE BENEFITS UNDER SECTION l(b) (2) OF THE DAVIS-BACON ACT ON BEHALF OF LABORERS OR MECHANICS ARE CONSIDERED WAGES PAID TO SUCH LABORERS OR MECHANICS, SUBJECT TO THE PROVISIONS OF 29 C F R § 5 5(a)(1)(lv), ALSO, REGULAR CONTRIBUTIONS MADE OR COSTS INCURRED FOR MORE THAN A WEEKLY PERIOD (BUT NOT LESS OFTEN THAN QUARTERLY) UNDER PLANS, FUNDS, OR PROGRAMS THAT COVER THE PARTICULAR WEEKLY PERIOD, ARE DEEMED TO BE CONSTRUCTIVELY MADE OR INCURRED DURING SUCH WEEKLY PERIOD SUCH LABORERS AND MECHANICS SHALL BE PAID THE APPROPRIATE WAGE RATE AND FRINGE BENEFITS ON THE WAGE DETERMINATION FOR THE CLASSIFICATION OF WORK ACTUALLY PERFORM-ED, WITHOUT REGARD TO SKILL, EXCEPT AS PROVIDED AT 29 C F R § 5 5(a)(4), LABORERS OR MECHANICS PERFORMING WORK IN MORE THAN ONE CLASSIFICATION MAY BE COMPENSATED AT THE RATE SPECIFIED FOR EACH CLASSIFICATION FOR THE TIME ACTUALLY WORKED THEREIN PROVIDED, THAT THE EMPLOYER'S PAYROLL RECORDS ACCURATELY SET FORTH THE TIME SPENT IN EACH CLASSIFICATION IN WHICH WORK IS PERFORMED THE WAGE DETERMINATION (INCLUDING ANY ADDITIONAL CLASSIFICATION AND WAGE RATES CONFORMED UNDER 29 Page 34 \\CH-LGI \VOLI\SHARED\DEPTXLGL\Our Documents\Contracts\00\SPAN AGREEMENT 2000 doc CFR § 5 5(a) (1) (11) AND THE DAVIS-BACON POSTER (WH-1321) SHALL BE POSTED AT ALL TIMES BY THE CONTRACTOR AND ITS SUBCONTRACTORS AT THE SITE OF THE WORK IN A PROMINENT AND ACCESSIBLE PLACE WHERE IT CAN BE EASILY SEEN BY THE WORKERS (b) 1 THE CONTRACTING OFFICER SHALL REQUIRE THAT ANY CLASS OF LABORERS OR MECHANICS THAT IS NOT LISTED IN THE WAGE DETERMINATION AND THAT IS TO BE EMPLOYED UNDER THE CONTRACT SHALL BE CLASSIFIED IN CONFORMANCE WITH THE WAGE DETERMINATION THE CONTRACTING OFFICER SHALL APPROVE AN ADDITIONAL CLASSIFICATION AND WAGE RATE AND FRINGE BENEFITS THEREFOR ONLY WHEN THE FOLLOWING CRITERIA HAVE BEEN MET a THE WORK TO BE PERFORMED BY THE CLASSIFICATION REQUEST-ED IS NOT PERFORMED BY A CLASSIFICATION IN THE WAGE DETERMINATION, AND b THE CLASSIFICATION IS UTILIZED IN THE AREA BY THE CONSTRUCTION INDUSTRY, AND c THE PROPOSED WAGE RATE, INCLUDING ANY BONA FIDE FRINGE BENEFITS, BEARS A REASONABLE RELATIONSHIP TO THE WAGE RATES CONTAINED IN THE WAGE DETERMINATION 2 IF THE CONTRACTOR AND THE LABORERS AND MECHANICS TO BE EMPLOYED IN THE CLASSIFICATION (IF KNOWN), OR THEIR REPRESENTATIVES, AND THE CONTRACTING OFFICER AGREE ON THE CLASSIFICATION AND WAGE RATE (INCLUDING THE AMOUNT DESIGNATED FOR FRINGE BENEFITS WHERE APPROPRIATE), A REPORT OF THE ACTION TAKEN SHALL BE SENT BY THE CONTRACTING OFFICER TO THE ADMINISTRATOR OF THE WAGE AND HOUR DIVISION, EMPLOYMENT STANDARDS ADMINISTRATION, U S DEPARTMENT OF LABOR, WASHINGTON, DC 20210 THE ADMINISTRATOR, OR AN AUTHORIZED REPRESENTATIVE, WILL APPROVE, MODIFY, OR DISAPPROVE EVERY ADDITION-AL CLASSIFICATION ACTION WITHIN 30 DAYS OF RECEIPT AND SO ADVISE THE CONTRACTING OFFICER OR WILL NOTIFY THE CONTRACTING OFFICER WITHIN THE 30-DAY PERIOD THAT ADDITIONAL TIME IS NECESSARY Page 35 \\CH LGI WOLI\SHARED\DEPTXLGL\Our Documents\Contmcts\00XSPAN AGREEMENT 2000 doc 3 IN THE EVENT THE CONTRACTOR, LABORERS OR MECHANICS TO BE EMPLOYED IN THE CLASSIFICATION OR THEIR REPRESENTATIVES, AND THE CONTRACTING OFFICER DO NOT AGREE ON THE PROPOSED CLASSIFICATION AND WAGE RATE (INCLUDING THE AMOUNT DESIGNATED FOR FRINGE BENEFITS, WHERE APPROPRIATE), THE CONTRACTING OFFICER SHALL REFER THE QUESTIONS INCLUDING THE VIEWS OF ALL INTERESTED PARTIES AND THE RECOMMENDATION OF THE CONTRACTING OFFICER, TO THE ADMINISTRATOR FOR DETERMINATION THE ADMINISTRATOR, OR AN AUTHORIZED REPRESENTATIVE, WILL ISSUE A DETERMINATION WITHIN 30 DAYS OF RECEIPT AND SO ADVISE THE CONTRACTING OFFICER OR WILL NOTIFY THE CONTRACTING OFFICER WITH-IN THE 30- DAY PERIOD THAT ADDITIONAL TIME IS NECESSARY 4 THE WAGE RATE (INCLUDING FRINGE BENEFITS WHERE APPROPRIATE) DETERMINED PURSUANT TO 29 CFR § 55(a) 0) (1) (B) OR 29 CFR § 55(a) 0) (1) (C), SHALL BE PAID TO ALL WORKERS PERFORMING WORK IN THE CLASSIFICATION UNDER THIS CONTRACT FROM THE FIRST DAY ON WHICH WORK IS PERFORMED IN THE CLASSIFICATION (c) WHENEVER THE MINIMUM WAGE RATE PRESCRIBED IN THE CONTRACT FOR A CLASS OF LABORERS OR MECHANICS INCLUDES A FRINGE BENEFIT WHICH IS NOT EXPRESSED AS AN HOURLY RATE, THE CONTRACTOR SHALL EITHER PAY THE BENEFIT AS STATED IN THE WAGE DETERMINATION OR SHALL PAY ANOTHER BONA FIDE FRINGE BENEFIT OR AN HOURLY CASH EQUIVALENT THEREOF (d) IF THE CONTRACTOR DOES NOT MAKE PAYMENTS TO A TRUSTEE OR OTHER THIRD PERSON, THE CONTRACTOR MAY CONSIDER AS PART OF THE WAGES OF ANY LABORER OR MECHANIC THE AMOUNT OF ANY COSTS REASONABLY ANTICIPATED IN PROVIDING BONA FIDE FRINGE BENEFITS UNDER A PLAN OR PROGRAM, PROVIDED, THAT THE SECRETARY OF LABOR HAS FOUND, UPON THE WRITTEN REQUEST OF THE CONTRACTOR, THAT THE APPLICABLE STANDARDS OF THE DAVIS-BACON ACT HAVE BEEN MET THE SECRETARY OF LABOR MAY REQUIRE THE CONTRACTOR TO SET ASIDE IN A SEPARATE ACCOUNT ASSETS FOR THE MEETING OF OBLIGATIONS UNDER THE PLAN OR PROGRAM 2 WITHHOLDING UMTA SHALL UPON ITS OWN ACTION OR UPON WRITTEN REQUEST OF AN AUTHORIZED REPRESENTATiVE OF THE DEPARTMENT OF LABOR WITHHOLD Page 36 \\CH LGL\VOLI\SHARED\DEPTXLGL\Our Documan~s\Contracts\00\SPAN AGREEMENT 2000 doc OR CAUSE TO BE WITHHELD FROM THE CONTRACTOR, UNDER THIS AGREEMENT OR ANY OTHER FEDERAL CONTRACT WITH THE SAME AGENCY OR ANY OTHER FEDERALLY-ASSISTED CONTRACT SUBJECT TO DAVIS-BACON PREVAILING WAGE REQUIREMENTS, WHICH IS WITHHELD BY THE SAME PRIME CONTRACTOR, SO MUCH OF THE ACCRUED PAYMENTS OR ADVANCES AS MAY BE CONSIDERED NECESSARY TO PAY LABORERS AND MECHANICS, INCLUDING APPRENTICES, TRAINEES, AND HELPERS, EMPLOYED BY THE CONTRACTOR OR ANY SUBCONTRACTOR THE FULL AMOUNT OF WAGES REQUIRED BY THE CONTRACT IN THE EVENT OF FAILURE TO PAY ANY LABORER OR MECHANIC, INCLUDING ANY APPRENTICE, TRAINEE, OR HELPER, EMPLOYED OR WORKING ON THE SITE OF THE WORK (OR UNDER THE UNITED STATES HOUSING ACT OF 1937 OR UNDER THE HOUSING ACT OF 1949 IN THE CONSTRUCTION OR DEVELOPMENT OF THE PROJECT), ALL OR PART OF THE WAGES REQUIRED BY THE CONTRACT, UMTA MAY, AFTER WRITTEN NOTICE TO THE CONTRACTOR, SPONSOR, APPLICANT, OR OWNER, TAKE SUCH ACTION AS MAY BE NECESSARY TO CAUSE THE SUSPENSION OF ANY FURTHER PAYMENT, ADVANCE, OR GUARANTEE OF FUNDS UNTIL SUCH VIOLATIONS HAVE CEASED 3 PAYROLLS AND BASIC RECORDS (a) PAYROLLS AND BASIC RECORDS RELATING THERETO SHALL BE MAINTAINED BY THE CONTRACTOR DURING THE COURSE OF THE WORK AND PRESERVED FOR A PERIOD OF THREE YEARS THERE-AFTER FOR ALL LABORERS AND MECHANICS WORKING AT THE SITE OF THE WORK (OR UNDER THE UNITED STATES HOUSING ACT OF 1937, OR UNDER THE HOUSING ACT OF 1949, IN THE CONSTRUCTION OR DEVELOPMENT OF THE PROJECT) SUCH RECORDS SHALL CONTAIN THE NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OF BACH SUCH WORKER, HIS OR HER CORRECT CLASSIFICATION, HOURLY RATES OF WAGES PAID (INCLUDING RATES OF CONTRIBUTIONS OR COSTS ANTICIPATED FOR BONA FIDE FRINGE BENEFITS OR CASH EQUIVALENTS THEREOF OF THE TYPES DESCRIBED IN SECTION l(b) (2) (B) OF THE DAVIS- BACON ACT), DAILY AND WEEKLY NUMBER OF HOURS WORKED, DEDUCTIONS MADE AND ACTUAL WAGES PAID WHENEVER THE SECRETARY OF LABOR HAS FOUND UNDER 29 C F R § 5 5(a) (1) 0v) THAT THE WAGES OF ANY LABORER OR MECHANIC INCLUDE THE AMOUNT OF ANY COSTS REASONABLY ANTICIPATED IN PROVIDING BENEFITS UNDER A PLAN OR PROGRAM DESCRIBED IN SECTION l(b) (2) (B) OF THE DAVIS- BACON ACT, THB CONTRACTOR SHALL MAINTAIN RECORDS WHICH SHOW THAT THE COMMITMENT TO PROVIDE SUCH Page 37 \\CH-LGL\VOLI\SHARED~DEPTxLGL\Our Doeuments\Contracts\00\SPAN AGREEMENT 2000 doc BENEFITS IS ENFORCE-ABLE, THAT THE PLAN OR PROGRAM IS FINANCIALLY RESPONSIBLE, AND THAT THE PLAN OR PROGRAM HAS BEEN COMMUNICATED IN WRITING TO THE LABORERS OR MECHANICS AFFECTED, AND RECORDS WHICH SHOW THE COSTS ANTICIPATED OR THE ACTUAL COSTS INCURRED IN PROVIDING SUCH BENEFITS CONTRACTORS EMPLOYING APPRENTICES OR TRAINEES UNDER APPROVED PROGRAMS SHALL MAINTAIN WRITTEN EVIDENCE OF THE REGISTRATION OF APPRENTICESHIP PROGRAMS AND CERTIFICATION OF TRAINEE PROGRAMS, THE REGISTRATION OF THE APPRENTICES AND TRAINEES, AND THE RATIOS AND WAGE RATES PRESCRIBED IN THE APPLICABLE PRO-GRAMS (b) 1 THE CONTRACTOR SHALL SUBMIT WEEKLY FOR EACH WEEK IN WHICH ANY CONTRACT WORK IS PERFORMED A COPY OF ALL PAYROLLS TO UMTA IF UMTA IS A PARTY TO THE CONTRACT, BUT IF UMTA IS NOT SUCH A PARTY, THE CONTRACTOR WILL SUBMIT THE PAYROLLS TO THE APPLICANT, SPONSOR, OR OWNER, AS THE CASE MAY BE, FOR TRANSMISSION TO UMTA THE PAYROLLS SUBMITTED SHALL SET OUT ACCURATELY AND COMPLETELY ALL OF THE INFORMATION REQUIR D TO BE MAINTAINED UNDER 29 C F R § 5 5(a) (3) (1) THIS INFORMATION MAY BE SUBMITTED IN ANY FORM DESIRED OPTIONAL FORM WH-347 IS AVAILABLE FOR THIS PURPOSE AND MAY BE PURCHASED FROM THE SUPERINTENDENT OF DOCUMENTS (FEDERAL STOCK NO 029- 005-00014-1), U S GOVERNMENT PRINTING OFFICE, WASHINGTON, D C 20402 THE PRIME CONTRACTOR IS RESPONSIBLE FOR THE SUBMISSION OF COPIES OF PAYROLLS BY ALL SUBCONTRACTORS 2 EACH PAYROLL SUBMITTED SHALL BE ACCOMPANIED BY A "STATEMENT OF COMPLIANCE," SIGNED BY THE CONTRACTOR OR SUBCONTRACTOR OR HIS OR HER AGENT WHO PAYS OR SUPERVISES THE PAYMENT OF THE PERSONS EMPLOYED UNDER THE CONTRACT AND SHALL CERTIFY THE FOLLOWING (a) THAT THE PAYROLL FOR THE PAYROLL PERIOD CONTAINS THE INFORMATION REQUIRED TO BE MAINTAINED UNDER 29 C F R § 5 5 (a) (3) 0) AND THAT SUCH INFORMATION IS CORRECT AND COMPLETE, (b) THAT EACH LABORER OR MECHANIC (INCLUDING EACH HELPER, APPRENTICE, AND TRAINEE) EMPLOYED ON THE CONTRACT DURING THE PAYROLL PERIOD Page 38 \\CH-LGL\VOLI\SHARED\DEPT~LGL\Our Documents\Contracts\00\SPAN AGREEMENT 2000 doc HAS BEEN PAID THE FULL WEEKLY WAGES EARNED, WITHOUT REBATE, EITHER DIRECTLY OR INDIRECTLY, AND THAT NO DEDUCTIONS HAVE BEEN MADE EITHER DIRECTLY OR INDIRECTLY FROM THE FULL WAGES EARNED, OTHER THAN PERMISSIBLE DEDUCTIONS AS SET FORTH AT 29 C F R PART 3, (c) THAT EACH LABORER OR MECHANIC HAS BEEN PAID NOT LESS THAN THE APPLICABLE WAGE RATES AND FRINGE BENEFITS OR CASH EQUIVALENTS FOR THE CLASSIFICATION OF WORK PER-FORMED, AS SPECIFIED 1N THE APPLICABLE WAGE DETERMINATION INCORPORATED iNTO THE CON-TRACT 3 THE WEEKLY SUBMISSION OF A PROPERLY EXECUTED CERTIFICATION SET FORTH ON THE REVERSE SIDE OF OPTIONAL FORM WH-347 SHALL SATISFY THE REQUIREMENT FOR SUBMISSION OF THE "STATEMENT OF COMPLIANCE" REQUIRED BY 29 C F R § 5 5(a) (3) 0~) (B) 4 THE FALSIFICATION OF ANY OF THE ABOVE CERTIFICATIONS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION UNDER 18USC § 1001AND31USC §231 (c) THE CONTRACTOR OR SUBCONTRACTOR SHALL MAKE THE RECORDS REQUIRED UNDER 29 C F R § 5 5(a) (3) (0 AVAILABLE FOR INSPECTION, COPYING, OR TRANSCRIPTION BY AUTHORIZED REPRESENTATIVES OF UMTA OR THE DEPARTMENT OF LABOR, AND SHALL PERMIT SUCH REPRESENTATWES TO INTERVIEW EMPLOYEES DURING WORKING HOURS ON THE JOB IF THE CONTRACTOR OR SUBCONTRACTOR FAILS TO SUBMIT THE REQUIRED RECORDS OR MAKE THEM AVAILABLE, UMTA MAY, AFTER WRITTEN NOTICE TO THE CONTRACTOR, SPONSOR, APPLICANT, OR OWNER, TAKE SUCH ACTION AS MAY BE NECESSARY TO CAUSE THE SUSPENSION OF ANY FURTHER PAYMENT, ADVANCE, OR GUARANTEE OF FUNDS FURTHER-MORE, FAILURE TO SUBMIT THE REQUIRED RECORDS UPON REQUEST OR MAKE SUCH RECORDS AVAILABLE MAY BE GROUNDS FOR DEBARMENT ACTION PURSUANT TO 29 C F R § 5 12 4 APPRENTICES AND TRAINEES (a) APP REIxLTI.qLE__S. APPRENTICES WILL BE PERMITTED TO WORK AT LESS THAN THE PREDETERMINED RATE FOR THE WORK THEY PERFORMED WHEN THEY ARE Page 39 \\CH LGL\VOLI\SHARED\DEPTXLGL\Our Documents\Cont~'aets\00\SPAN AGREEMENT 2000 doc EMPLOYED PURSUANT TO AND INDIVIDUALLY REGISTERED IN A BONA FIDE APPRENTICESHIP PROGRAM REGISTERED WITH THE U S DEPARTMENT OF LABOR, EMPLOYMENT AND TRAINING ADMINISTRATION, BUREAU OF APPRENTICESHIP AND TRAINING, OR WITH A STATE APPRENTICESHIP AGENCY RECOGNIZED BY THE BUREAU, OR IF A PERSON IS EMPLOYED IN HIS OR HER FIRST 90 DAYS OF PROBATIONARY EMPLOYMENT AS AN APPRENTICE IN SUCH AN APPRENTICESHIP PROGRAM, WHO IS NOT INDIVIDUALLY REGISTERED IN THE PROGRAM, BUT WHO HAS BEEN CERTIFIED BY THE BUREAU OF APPRENTICESHIP AND TRAINING OR A STATE APPRENTICESHIP AGENCY (WHERE APPROPRIATE) TO BE ELIGIBLE FOR PROBATIONARY EMPLOYMENT AS AN APPRENTICE THE ALLOWABLE RATIO OF APPRENTICES TO JOURNEYMEN ON THE JOB SITE IN ANY CRAFT CLASSIFICATION SHALL NOT BE GREATER THAN THE RATIO PERMITTED TO THE CONTRACTOR AS TO THE ENTIRE WORK FORCE UNDER THE REGISTERED PROGRAM ANY WORKER LISTED ON A PAYROLL AT AN APPRENTICE WAGE RATE, WHO IS NOT REGISTERED OR OTHERWISE EMPLOYED AS STATED ABOVE, SHALL BE PAID NOT LESS THAN THE APPLICABLE WAGE ON THE WAGE DETERMINATION FOR THE CLASSIFICATION OF WORK ACTUALLY PER-FORMED IN ADDITION, ANY APPRENTICE PERFORMING WORK ON THE JOB SITE IN EXCESS OF THE RATIO PERMITTED UNDER THE REGISTERED PROGRAM SHALL BE PAID NOT LESS THAN THE APPLICABLE WAGE RATE ON THE WAGE DETERMINATION FOR THE WORK ACTUALLY PERFORMED WHERE A CONTRACTOR IS PERFORMING CONSTRUCTION ON A PROJECT IN A LOCALITY OTHER THAN THAT IN WHICH ITS PROGRAM IS REGISTERED, THE RATIOS AND WAGE RATES (EXPRESSED IN PERCENTAGES OF THE JOURNEYMAN'S HOURLY RATE) SPECIFIED IN THE CONTRACTOR'S OR SUBCONTRACTOR'S REGISTERED PROGRAM SHALL BE OBSERVED EVERY APPRENTICE MUST BE PAID AT NOT LESS THAN THE RATE SPECIFIED IN THE REGISTERED PROGRAM FOR THE APPRENTICE'S LEVEL OF PROGRESS, EXPRESSED AS A PERCENT-AGE OF THE JOURNEYMAN HOURLY RATE SPECIFIED IN THE APPLICABLE WAGE DETERMINATION APPRENTICES SHALL BE PAID FRINGE BENEFITS IN ACCORDANCE WITH THE PROVISIONS OF THE APPRENTICESHIP PROGRAM IF THE APPRENTICESHIP PROGRAM DOES NOT SPECIFY FRINGE BENEFITS, APPRENTICES MUST BE PAID THE FULL AMOUNT OF FRINGE BENEFITS LISTED ON THE WAGE DETERMINATION FOR THE APPLICABLE CLASSIFICATION IF THE ADMINISTRATOR DETERMINES THAT A DIFFERENT PRACTICE PREVAILS FOR THE APPLICABLE APPRENTICE CLASSIFICATION, FRINGE BENEFITS SHALL BE PAID IN ACCORDANCE WITH THAT DETERMINATION Page 40 \\CH LGL\VOLI\SHARED\DEPT~LGL\Our DocumentskContracts\00\SPAN AGREEMENT 2000 doc IN THE EVENT THE BUREAU OF APPRENTICESHIP AND TRAINiNG, OR A STATE APPRENTICESHIP AGENCY RECOGNIZED BY THE BUREAU, WITHDRAWS APPROVAL OF AN APPRENTICESHIP PROGRAM, THE CON-TRACTOR WILL NO LONGER BE PERMITTED TO UTILIZE APPRENTICES AT LESS THAN THE APPLICABLE PREDETERMINED RATE FOR THE WORK PERFORMED UNTIL AN ACCEPTABLE PROGRAM IS APPROVED (b) TRAINEES EXCEPT AS PROVIDED IN 29 CFR § 5 16, TRAINEES WILL NOT BE PERMITTED TO WORK AT LESS THAN THE PREDETERMINED RATE FOR THE WORK PERFORMED UNLESS THEY ARE EMPLOYED PURSUANT TO AND INDIVIDUALLY REGISTERED IN A PROGRAM WHICH HAS RECEIVED PRIOR APPROVAL, EVIDENCED. BY FORMAL CERTIFICATION BY THE U S DEPARTMENT OF LABOR, EMPLOYMENT AND TRAINING ADMINISTRATION THE RATIO OF TRAINEES TO JOURNEYMEN ON THE JOB SITE SHALL NOT BE GREATER THAN PERMITTED UNDER THE PLAN APPROVED BY THE EMPLOYMENT AND TRAINING ADMINISTRATION EVERY TRAINEE MUST BE PAID AT NOT LESS THAN THE RATE SPECIFIED IN THE APPROVED PROGRAM FOR THE TRAINEE'S LEVEL OF PROGRESS, EXPRESSED AS A PERCENT-AGE OF THE JOURNEYMAN HOURLY RATE SPECIFIED IN THE APPLICABLE WAGE DETERMINATION TRAINEES SHALL BE PAID FRINGE BENEFITS IN ACCORDANCE WITH THE PROVISIONS OF THE TRAINEE PROGRAM IF THE TRAINEE PROGRAM DOES NOT MENTION FRINGE BENEFITS, TRAINEES SHALL BE PAID THE FULL AMOUNT OF FRINGE BENEFITS LISTED ON THE WAGE DETERMINATION UNLESS THE ADMINISTRATOR OF THE WAGE AND HOUR DIVISION DETERMINES THAT THERE IS AN APPRENTICESHIP PROGRAM ASSOCIATED WITH THE CORRESPONDING JOURNEYMAN WAGE RATE ON THE WAGE DETERMINATION, THAT PROVIDES FOR LESS THAN FULL FRINGE BENEFITS FOR APPRENTICES ANY EMPLOYEE LISTED ON THE PAYROLL AT A TRAINEE RATE WHO IS NOT REGISTERED AND PARTICIPATING IN A TRAINiNG PLAN APPROVED BY THE EMPLOYMENT AND TRAINING ADMINISTRATION SHALL BE PAID NOT LESS THAN THE APPLICABLE WAGE RATE ON THE WAGE DETERMINATION FOR THE CLASSIFICATION OF WORK ACTUALLY PERFORMED IN ADDITION, ANY TRAINEE PERFORMING WORK ON THE JOB SITE IN EXCESS OF THE RATIO PERMITTED UNDER THE REGISTERED PROGRAM SHALL BE PAID NOT LESS THAN THE APPLICABLE WAGE RATE ON THE WAGE DETERMINATION FOR THE WORK ACTUALLY PERFORMED IN THE EVENT THE EMPLOYMENT AND TRAINING ADMINISTRATION WITHDRAWS APPROVAL OF A TRAINiNG Page 41 \\CH LGL\VOLI\SHARED\DEPT\LGL\Our Documents\Contracts\00\SPAN AGREEMENT 2000 doc PROGRAM, THE CONTRACTOR WILL NO LONGER BE PERMITTED TO UTILIZE TRAINEES AT LESS THAN THE APPLICABLE PREDETERMINED RATE FOR THE WORK PER-FORMED UNTIL AN ACCEPTABLE PROGRAM IS APPROVED (c) EQUAL EMPLOYMENT OPPORTUNITY THE UTILIZATION OF APPRENTICES, TRAiNEES, AND JOURNEYMEN UNDER 29 C F R PART 5 SHALL BE 1N CONFORMITY WITH THE EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS OF EXECUTIVE ORDER 11246, AS AMENDED, AND 29 C F R PART 30 5 COMPLIANCE WITH COPELAND ACT REOUIREMENTS THE CON-TRACTOR SHALL COMPLY WITH THE REQUIREMENTS OF 29 C F R PART 3, WHICH ARE INCORPORATED HEREIN BY REFERENCE 6 CONTRACT TERMINATION DEBARMENT A BREACH OF THE CON-TRACT CLAUSES IN 29 C F R § 5 5 MAY BE GROUNDS FOR TERMINATION OF THE CONTRACT, AND FOR DEBARMENT AS A CONTRACTOR AND A SUBCONTRACTOR AS PROVIDED IN 29 CFR § 5 12 7 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REOUIREMENTS ALL RULINGS AND iNTERPRETATIONS OF THE DAVIS-BACON AND RELATED ACTS CONTAiNED IN 29 C F R PARTS 1, 3, AND 5 ARE iNCORPORATED HEREIN BY REFERENCE 8 DISPUTES CONCERNING LABOR STANDARDS DISPUTES ARISING OUT OF THE LABOR STANDARDS PROVISIONS OF THIS CONTRACT SHALL NOT BE SUBJECT TO THE GENERAL DISPUTES CLAUSE OF THIS CONTRACT SUCH DISPUTES SHALL BE RESOLVED IN ACCORDANCE WITH THE PROCEDURES OF THE DEPARTMENT OF LABOR SET FORTH IN 29 C F R PARTS 5, 6, AND 7 DISPUTES WITHIN THE MEANING OF THIS CLAUSE INCLUDE DISPUTES BETWEEN THE CONTRACTOR (OR ANY OF ITS SUBCONTRACTORS) AND THE CONTRACTING AGENCY, THE U S DEPARTMENT OF LABOR, OR THE EMPLOYEES OR THEIR REPRESENTATIVES 9 (a) CERTIFICATION OF ELIGIBILITY BY ENTERING INTO THIS AGREEMENT OR A THIRD PARTY CONTRACT FINANCED UNDER THIS AGREEMENT, THE CONTRACTOR CERTIFIES THAT NEITHER IT (NOR HE NOR SHE) NOR ANY PERSON OR FIRM THAT HAS AN INTEREST IN THE CON-TRACTOR'S FIRM IS A PERSON OR FIRM INELIGIBLE TO BE Page 42 \\CH LGL\VOLI\SHARED\DEPTxLGL\Our Documcnts\Contracts\00\SPAN AGREEMENT 2000 doc AWARDED GOVERNMENT CONTRACTS BY VIRTUE OF SECTION 3 (a) OF THE DAVIS-BACON ACT OR 29 C F R § 5 12(a) (1) (b) NO PART OF THIS CONTRACT SHALL BE SUBCONTRACT-ED TO ANY PERSON OR FIRM INELIGIBLE FOR AWARD OF A GOVERNMENT CONTRACT BY VIRTUE OF SECTION 3(a) OF THE DAVIS-BACON ACT OR 29 C F R § 5 12(a) (1) (c) THE PENALTY FOR MAKING FALSE STATEMENTS IS PRESCRIBED IN THE U S CRIMiNAL CODE, 18 U S C § 1001 10 OVERTIME REOUIREMENTS NO CONTRACTOR OR SUBCONTRACTOR CONTRACTING FOR ANY PART OF THE CONTRACT WORK WHICH MAY REQUIRE OR INVOLVE THE EMPLOYMENT OF LABORERS OR MECHANICS SHALL REQUIRE OR PERMIT ANY SUCH LABORER OR MECHANIC IN ANY WORK WEEK IN WHICH HE OR SHE IS EMPLOYED ON SUCH WORK TO WORK IN EXCESS OF FORTY HOURS IN SUCH WORK WEEK UNLESS SUCH LABORER OR MECHANIC RECEIVES COMPENSATION AT A RATE NOT LESS THAN ONE AND ONE-HALF TIMES THE BASIC RATE OF PAY FOR ALL HOURS WORKED IN EXCESS OF FORTY HOURS IN SUCH WORK WEEK 11 VIOLATION. LIABILITY FOR UNPAID WAGES. LIOUIDATED DAMAGES IN THE EVENT OF ANY VIOLATION OF THE REQUIREMENTS OF 29 C F R § 5 5(b) (1), THE CONTRACTOR AND ANY SUBCONTRACTOR RESPONSIBLE THERE-FOR SHALL BE LIABLE FOR THE UN'PAID WAGES IN ADDITION, SUCH CONTRACTOR AND SUBCONTRACTOR SHALL BE LIABLE TO THE UNITED STATES (iN THE CASE OF WORK DONE UNDER CONTRACT FOR THE DISTRICT OF COLUMBIA OR A TERRITORY, TO SUCH DISTRICT OR TO SUCH TERRITORY) FOR LIQUIDATED DAMAGES SUCH LIQUIDATED DAMAGES SHALL BE COMPUTED WITH RESPECT TO EACH INDIVIDUAL LABORER OR MECHANIC, iNCLUDiNG WATCHMEN AND GUARDS, EMPLOYED IN VIOLATION OF 29 C F R § 5 5(b) (1) IN THE SUM OF $10 FOR EACH CALENDAR DAY ON WHICH SUCH INDIVIDUAL WAS REQUIRED OR PERMITTED TO WORK IN EXCESS OF THE STANDARD WORK WEEK OF FORTY HOURS WITHOUT PAYMENT OF THE OVERTIME WAGES REQUIRED BY 29 C F R § 5 5(b) (1) 12 WITHHOLD1N~ FOR UNPAID WAGES AND LIOUIDATED DAMAGES UMTA OR THE AGENCY SHALL UPON ITS OWN ACTION OR UPON WRITTEN REQUEST OF AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT OF LABOR WITHHOLD OR CAUSE TO BE WITHHELD, FROM ANY MONEYS PAYABLE ON Page 43 \\CH LGL\VOLI\SHARED\DEPTXLGL\Our Documents\Contrac~s\00\SPAN AGREEMENT 2000 doc AC-COUNT OF WORK PERFORMED BY THE CONTRACTOR OR SUBCONTRACTOR UNDER ANY SUCH CON-TRACT OR ANY OTHER FEDERAL CONTRACT WITH THE SAME PRIME CON-TRACTOR, OR ANY OTHER FEDERALLY-ASSISTED CONTRACT SUBJECT TO THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, WHICH IS HELD BY THE SAME PRIME CONTRACTOR, SUCH SUMS AS MAY BE DETERMINED TO BE NECESSARY TO SATISFY ANY LIABILITIES OF SUCH CONTRACTOR OR SUBCONTRACTOR FOR UNPAID WAGES AND LIQUIDATED DAMAGES AS PROVIDED 1N THE CLAUSE SET FORTH AT 29 C F R § 5 5(b) (2) 13 SUBCONTRACTS THE CONTRACTOR OR SUBCONTRACTOR SHALL INSERT IN ANY SUBCONTRACTS THE CLAUSES SET FORTH IN SUBSECTIONS 116 a (1) THROUGH (12) OF PART II OF THIS AGREEMENT AND ALSO A CLAUSE REQUIRING THE SUBCONTRACTORS TO INCLUDE THESE CLAUSES IN ANY LOWER TIER SUBCONTRACTS THE PRIME CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLIANCE BY ANY SUBCONTRACTOR OR LOWER TIER SUBCONTRACTOR WITH THE CLAUSES SET FORTH IN SUBSECTIONS 116 a(1) THROUGH 116 a(12) OF PART II OF THE CITY'S AGREEMENT WITH THE GOVERNMENT Nonconstmct~on Contracts Pursuant to the regulations set forth at 29 C F R Part 5, the tollowmg prows~ons shall be incorporated in all federally-assisted non-constructmn contracts of $2,500 let by the Agency m carrying out the ProJect NONCONSTRUCTION CONTRACTS THE REQUIREMENTS OF THE CLAUSES CONTAINED IN 29 C F R § 5 5(b) OR SUBSECTIONS 116 a(10) THROUGH 116 a(13) OF PART II OF THIS AGREEMENT ARE APPLICABLE TO ANY CONTRACT SUBJECT TO THE OVERTIME PROVISIONS OF THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT AND NOT TO ANY OF THE OTHER STATUTES CITED IN 29 CFR § 5 1 THE CON-TRACTOR OR SUBCONTRACTOR SHALL MAINTAIN PAYROLLS AND BASIC PAYROLL RECORDS DURING THE COURSE OF THE WORK AND SHALL PRESERVE THEM FOR A PERIOD OF THREE YEARS FROM THE COMPLETION OF THE CONTRACT FOR ALL LABORERS AND MECHANICS, INCLUDING GUARDS AND WATCHMEN, WORKING ON THE CONTRACT SUCH RECORDS SHALL CONTAIN THE NAME AND ADDRESS OF EACH SUCH EMPLOYEE, SOCIAL SECURITY NUMBER, CORRECT CLASSIFICATIONS, HOURLY RATES OF WAGES PAID, DAILY AND WEEKLY NUMBER OF HOURS WORKED, DEDUCTIONS MADE, AND ACTUAL WAGES PAID THE RECORDS TO BE MAINTAINED UNDER THIS CLAUSE SHALL BE MADE AVAILABLE BY THE CONTRACTOR OR SUB-CONTRACTOR Page 44 \\CH-LGL\VOL1 \SHAKED\DEPTxLGL\Our Documents\Contmcts\00\SPAN AGREEMENT 2000 doc FOR INSPECTION, COPYING, OR TRANSCRIPTION BY AUTHORIZED REPRESENTATIVES OF UMTA, DOT, OR THE DEPARTMENT OF LABOR, AND THE CONTRACTOR OR SUBCONTRACTOR WILL PERMIT SUCH REPRESENTATIVES TO INTERVIEW EMPLOYEES DURING WORKING HOURS ON THE JOB W Environmental. Resource. Enerev Protection, and Conserva-tlon Reamrements 1 The National Environmental Policy Act of 1969, as amended, 42 U S C §§ 4321 et seq,, Section 14 of the Urban Mass Transporta-tlon Act of 1964, as amended, 49 U S C app §§ 1601 et seq, the Council on Environmental Quality regulations, 40 CFR Part 1500 et seq, and the FHWA/UMTA regulation, "En-vlron-mental Impact and Related Procedures," 23 C F R Part 771, as amended, are applicable to the ProJect 2 The Agency shall comply with the provmlons of the Clean gar Act, as amended, 42 U S C §§ 1857 et seo.. the Federal Water Pollution Control Act, as amended, 33 U S C §§ 1251 et sea, and implementing regulations, in the facilities that are involved in the Project for winch Federal assistance is given The Agency shall ensure that the facilities under ownersinp, lease or super-vision, whether directly or under contract, that will be utilized in the accomphsh-ment of the Project are not listed on the Environ-mental Protection Agency (EPA) List of Violating Facilities Con-tracts, subcontracts, and sub-grants of amounts in excess of $100,000 shall contain a pro-vision requmng compliance with all applicable standards, orders, or requirements issued pursuant to Federal statute or regnlatlon The Agency and any third party contractor thereof shall be responsible for reporting any vlola-tlons to City and UMTA and to the EPA Assxstant Administrator for Enfome-ment In addition, the A-gency shall notify City and UMTA of the receipt of any communication from the Director of the EPA Office of Federal Activities lnChcatlng that a facility to be utilized in the Project is under considera-tlon for listing by EPA 3 No facilities or equipment shall be acquired, construct-ed, or improved as a part of the ProJect unless the Agency obtains satisfactory assurances that they are (or will be) designed and equipped to limit mr pollution as provided in accordance with the following EPA regnlatlons "Control of Air Pollution from Motor Vehicles and Motor Vehicle Engines," 40 C F R Part 85, "Control of Air Pollution from New Motor Vehicles and New Motor Vehicle En-glnes, Test Procedures for Light-Duty Vehicles and Light- Duty Tracks and Selective Enforcement Auditing of New Light-Duty Vehl-cles, Light- Duty Tracks and Heavy-Duty Engines," 40 C F R Part 86, and "Fuel Economy of Motor Vehicles," 40 C F R Part 600, in actor-dance with applicable federally-approved State Implementa-tlon Plan(s) (in particular, the Transportation Control Measures), and in accordance with appropriate UMTA directives and all other applicable standards Page 45 \\CH LGL\VOLI\SHARED\DEPTxLGL\Our Documents\Contracts\00\SPAN AGREEMENT 2000 doc 4 No publicly owned land from a park, recrea-tion area, or wddhfe or waterfowl refuge of national, State, or local slgmfi-cance as determined by the Federal, State, or local officials having jurisdiction thereof, or any land from an hlstonc site of national, State, or local significance may be used for the ProJect unless specific findings required under 49 U S C 8 303 are made by the Department of Transportation 5 The Agency shall assist the Government (UMTA) to comply with section 106 of the National Historic Preservation Act ~nvol-mng h~stonc and archaeological preservation by (1) Consulting the State Historic Preservation Officer on the conduct of investigations, m accordance with Advisory Council on Historic Preservation regulations, "Protection of Historic and Cultural Properties," 36 C F R Part 800, to identify properttes and resources listed in or eligible for inclusion in the National Register of Historic Places that may be affected by the Project, and notifying the Government (UMTA) of the existence of any such properties, and (2) Complying with all Federal requirements to avoid or mltl-gate adverse effects upon such properties 6 The Agency and ats third party contrac-tors shall comply w~th mandatory standards and policies relating to energy efficiency that are contained m applicable State energy conservatxon plans issued in compliance with the Energy Pohcy and Conservation Act, 42 U S C 88 6321 et seq 7 Should the proposed Project cause adverse environmental effects, the Agency shall take all reasonable steps to mlmmlze such effects pursuant to 49 U S C app 8 1610, other applicable statutes, and the procedures set forth m 23 C F R Part 771 The Agency shall undertake all environmental mitigation measures that may be identified as commitments in applicable environmental docu-ments (such as environmental assessments, environmental impact state-ments, memoranda of agreements, and statements required by 49 U S C 8 303) and with any conditions imposed by the Government as part of a finding of no s~gmficant impact or a record of decl-slon, all such mitigation measures are incorporated m and made part of this Agreement by reference In the event that some or all mitigation measures are deferred, once such measures are agreed upon by the Government, City and the Agency, those mitigation methods subsequently determined wall be incorporated into this Agreement Such mitigation measures may not be modified or with-drawn without the express written approval of the Government 8 In carrying out the ProJect, the Agency shall make all appropriate efforts to foster the use of fly ash, substantially ~n comphance with EPA regula-t~ons "Guideline for Federal Procurement of Cement and Concrete Contmmng Fly Ash," 40 C F R Part 249 Should the Agency make a determination that the use of fly ash is inappropriate in a particular procurement of cement or concrete, the Agency shall provide UMTA a written justification to support that dec~slon Page 46 \\CH LGL\VOLI\SHARED\DEPT~LGL\Our Documents\Contracts\00\SPAN AGREEMENT 2000 doc X MISCELLANEOUS 1 Agency shall comply with Department of Transportation regulations, "Uniform Relocation and Real Property Acqumtmn Regulation for Federal and Federally Assisted Programs," 49 C F R Part 24 2 Agency shall comply with the flood insurance purchase reqmrements of section 102(a) of the Flood D~saster Pmtectmn Act of 1973, 42 U S C § 4012(a), w~th respect to any constmcnon or acqumtlon ProJect 3 Agency shall comply with the bus testing requirements as set forth in section 12(h) of the Urban Mass Transportation Act of 1964, as amended, 49 U S C app § 1608(h), and any implementing regulatmns that may be issue0 thereunder 4 Agency shall comply w~th any regulations that may be ~ssued to implement section 120) of the Urban Mass Transportation Act, of 1964, as amended, 49 US C app § 16080) 5 If any invention, improvement, or discovery of the Agency or any of ~ts third party contractors is conceived or first actually reduced to practice in the course of or under this ProJect, which invention, improvement, or discovery may be patentable under the laws of the Umted States of America or any foreign country, the Agency shall ~mme&ately notify the Government (UMTA) and pro-wde a detmled report The rights and responslblll-t~es of the Agency, third party contractors, the City and the Government with respect to such invention, improvement, or &scovery will be determined in accordance w~th apphcable Federal laws, regulatmns, pollmes, and any wmver thereof 6 Rights m Data a The term "subJect data" as used herein means recorded information, whether or not copyrighted, that ~s dehvered or specffied to be delivered under ttus Agreement The term includes graphic or pictorial dehneatlons in medm such as drawings or photographs, text m spemficatlons or related performance or design-type documents, mactune forms such as punched cards, magnetic tape, or computer memory pnntouts, and information retmned in computer memory Examples include, but are not limited to computer software, engmeenng drawings and associated lists, specifications, standards, process sheets, manuals, techmcal reports, catalog ~tem identifications, and related reformation The term does not include finanmal reports, cost analyses, and similar reformation incidental to ProJect admmlstrat~on b The following restrictions apply to all subject data first produced in the performance of this Agreement (1) Except for Its own ~nternal use, the Agency may not publish or reproduce such data in whole or ~n part, or m any manner or form, nor may the Agency Page 47 \\CH-LGL\VOLI\SFIARED\DEP~LGL\Our Documents\Contracts\00\SPAN AGREEMENT 2000 doc authorize others to do so, without the written consent of the City and the Government, until such time as the Government may have either released or approved the release of such data to the pubhc, this restriction on publication, however, does not apply to Agreements with academic Institutions (2) As authorized by 49 CFR Part 18 34, the City and the Govemmem (UMTA) reserve a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes (a) Any work developed under a grant, cooperative agreement, sub-grant, subagreement, or third party contract, irrespective of whether or not a copyright has been obtmned, and (b) Any rights of copyright to which a Agency, sub-recipient, or a third party contractor purchases ownership with Federal assistance e Agency understands and agrees that, in addition to the rights set forth in Subsection 119 b (2) of Part II of this Agreemem, UMTA may make avmlable to any UMTA recipient, sub-grantee, sub-recipient, third party contractor, or third party subcontractor, either UMTA's license in the copyright to the "subJect data" derived under this Agreement or a copy of the "subJect data" first produced under this Agreement d The City and Agency shall indemnify, save and hold harmless the Government, its officers, agents, and employees acting within the scope of their official duties, against any liability, including costs and expenses, resulting from any willful or intentional violation by the Agency of proprietary rights, copyrights, or right of privacy, arising out of the pubhcatlon, translation, reproduction, delivery, use, or disposition of any data furnished under this Agreement e Nothing contmned In this clause shall imply a license to the City or Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the City or Government under any patent f Subsections b, c and d of Part II of this Section are not applicable to material famished to the Agency by the U S Government and incorporated in the work furnished under the Agreement, prowded that such incorporated material is identified by the Agency at the time of dehvery of such work g In the event that the Project, which is the subject of this Agreement, is not completed, for any reason whatsoever, all data developed under that Project shall become subject data as defined in Subsection 119 a of Part II of the City's Agreement with the Government- and shall be delivered as the Government may direct h The requirements of Subsections a through g of this Section shall be included in all third party contracts of the Agency under thru ProJect Page 48 \\CH LOL\VOLlkSHARED\DEPTXLGL\Our Dooumonls\Contracts\00\SPAN AGREEMENT-2000 doc 7 Pnvacv Should the Agency, or any or its third party contractors, sub- grantees, sub-recipients or their employees admlmster any system of records on behalf of the Federal Government, the Privacy Act of 1974, 5 U S C § 552a (the Act), imposes ~nfomaat~on restrictions on the party admlmsterlng the system of records a For purposes of the Privacy Act, when the Agreement ~nvol--ves the operation ora system of records on md~wduals to accomplish a Government functmn, the Agency and any third party contractors, sub-grantees, sub-rectptents and their employees involved there~n are constdered to be Government employees w~th respect to the Government ftmctlon The requirements of the Act, tnclu&ng the c~wl and criminal penalties for violations of the Act, apply to those ~nd~vtduals ~nvolved Failure to comply w~th the terms of the Act will make th~s Agreement subject to termtnatlon b As used here~n (1) "Operation of a system of records" means performance of any of the act~wt~es assocmted w~th mamtmnmg the system of records on behalf of the Government including the collection, use and dmsemmat~on of records (2) "Record" means any ~tem, collection, or grouping of ~nformat~on about an md~wdual that ~s mmntmned by the Agency on behalf of the Government mcluchng, but not hmlted to, h~s or her education, financial transactions, medical hastory, and cnnunal or employment h~story and that contmns h~s or her name, or the identifying number, symbol, or other ~dentlfymg partmular assigned to the tnd~wdual, such as a finger or vome pnnt or a photograph (3) "System of records" on ~nd~wduals means a group of any records under the control of the Agency on behalf of the Government from whmh tnformatlon ~s retrieved by the name of the mdlmdual or by some identifying number, symbol or other ~dent~fy-mg particular assigned to the m&vldual Y GENERAL PROVISIONS a Bonus or Commission The Agency warrants that it has not prod, and also agrees not to pay, any bonus or commmslon for the purpose of obtmmng approval of ~ts apphcatlon for the financial assistance hereunder b State or Terntorml Law Except to the extent that a Federal statute or regulation conflicts w~th State or temtonal law, nothing ~n the Agreement shall reqmre the Agency to observe or enforce comphance w~th any prows~on thereof, perform any other act, or do any other th~ng m contravention of any apphcable State or temtonal law, however, ff any of the prows~ons of the Agreement wolate any apphcable State or temtonal law, or ff comphance w~th the prows~ons of the Agreement would reqmre the Agency to violate any applicable State territorial law, the Agency shall at once not~fy the Government (UMTA) m wrmng ~n order that appropriate arrangements may be made by Page 49 \\CH-LGL\VOLI\SHARED\DEPTxLGL\Our Documents\Contracts\00\SPAN AGREEMENT 2000 doc the Government and the Agency to the end that the Agency may proceed as soon as possible with the ProJect c Records The Agency will, for each local fiscal year endtng on or after July 1, 1978, conform to the reporting system and the umform system of accounts and records to the extent required by section 15 of the Urban Mass Transportation Act of 1964, as amended, 49 U S C app § 1611, effective for each local fiscal year ending on or after July 1, 1978, and apphcable regulations "Uniform System of Accounts and Records and Reporting System," set forth at 49 C F R Part 630 d Severabflxty If any provision of th~s Agreement is held ~nvahd, the remamder of thru Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and reqmrements of apphcable law 1N WITNESS WHEREOF, the parties do hereby affix their signatures and enter into th~s Agreement as of the effective date being __ day of ,2000 CITY OF DENTON, TEXAS EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY SPAN, INC BY DIRECTOR ATTEST Page 50 F \SIqARED\DEPT~LGL\Our Documents\Contracts\00\SPAN AGREEMENT 2000 doc AGENDA DATE: June 20, 2000 DEPARTMENT Eng~neenng & Trans~ SUBJECT An ordinance authorizing the City Manager or his designee to execute a pipeline crossing agreement with the Union Pacific Railroad Company for a water pipeline at Mile Post 724 10, Choctaw Subdivision, City of Denton, Denton County, Texas, authorizing the expenditure of funds therefor, and providing an effective date BACKGROUND Staff m facilitating the Bernard/James Street 20qnch water line project, the limits being from L~ndsey Street at Fort Worth Drive west to Bernard Street, then southward down Bernard Street, James Street and F M 1830 to Hobson Road The proposed water line will have three slgmficant crossings, Interstate Highway 35 E, U S Highway 377 (Fort Worth Drive), and the Union Pacific Ratlroad south of the Bemard/Roselawn intersection RECOMMENDATION Staff supports approval of the contract PRIOR ACTION/REVIEW (Council. Boards. Commissions) None FISCAL ,INFORMATION $1,500 00 MAP Attached Respectfully submitted Englneenng& Transportation Pr ep~red by Paul Wdhamson Right-of-Way Agent Location ~p Post ORDiNANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXE- CUTE A PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD COM- PANY FOR A WATER PIPELINE LOCATED AT MILE POST 724 10, CHOCTAW SUBDI- VISION, CITY OF DENTON, DENTON COUNTY, TEXAS, AUTHORIZING THE EXPEN- DITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The C~ty Manager or his designee as hereby authorized to execute a P~pehne Crossing Agreement w~th Union Paeffic Railroad Company for a water p~pehne located at mile post 724 I0, Choctaw Subd~wslon, City of Denton, Denton County, Texas whmh ~s attached hereto and incorporated by reference herexn (the "Agreement") SECTION 2 The expendIture of funds as prowded in the Agreement ~s hereby author- ~zed SECTION 3 Tbas ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED flus the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FOI~ \\CH-LGL\VOLl\shared\dept~LGL\Our Docurnents\Ordmances\00\P~pehne Crosstng mile post 724 10 doc PL X 940206 Form Approved, AVP-L~w FoldorNo 946-8~ PIPELINE CROSSING Mdc Post 724 10 Ch~w Subd~ws~on L~atmn Denton, Denton County. Tcx~ THIS AGREEMENT ~s made and entered into as of September 27, 1999, by and between UNION PACIFIC RAILROAD COM]'ANY, e Delaware corporation (hereinafter the "Licensor"), and CITY OF DENTON, a Texas mumolpel uorporatton, whose address ~s 901-A Texas St, Denton, Texas 76201 (hereinafter the "L:censee") IT IS M~TUALL¥ A(~REED BY AND BETWEEN THE PARTIES ttERETO AS FOLLOWS: Article L LICENSE FEE ~pon e~ccut~on of th~s Agreement, the L~oensee ~hall ~ey ~o the L~censor a one-time hcense o~ ONE THOUSAND FIVE HUNDI~D DOLLARS ($1~00.00) Article IT, LICENSOR GRANTS RIGHT. in conslderet~on of h% LIcen~e Fee W be p~id by the L~¢cnsee and m further ~onslderetion of the covenants ~nd a/reements her~m contained to be by the L~censee kept, observed and performed, the Licensor hereby ~rants to the Llcens~ ~he r~gh~ ~o construct and thgrcafl~r~ during the term hereof, to maintain and operat~ only ~ 16" water pip=hne c~sst~ (he~ma~er tbe pnn~ ~t~d ~une 15, 2000, ~kad E~ibl~ A, Under no ~l~ums~ances ~hall L~censee m~ ~he use of ~he Pipe{me for a pu~ose ot~r ~n ~e a~v~m2n$ton~, and sa~d Pipchn~ s~]l not ~ used for any o~her us~, wh~her such use Is cu~tly technologically possible, or whether sud~ use m~ ~me m~o existence durln~ the life of~s A~ment A~icle HL CONS~UCTION. MA~NTEN~CE AND ~e ~ant of r~ght he.in made to the Lioonseo ~s subjeot w e~h and all of the te~ ptows~on~ ~ondit~ons [tml~:mns m~d cov~nts ~t forth hereto and m Exhibit B, hc~to a~h~ A~c~e 1~. ~ WO~ I8 TO BE P~O~O BY CONT~CTO~ Ifa con. actor ~s to do any of tho work ~o~ on the P~pehne (mcludm& m~ttal cons~ctmn and subs~uent mlo~tmn or su~mntml maintenance ~d repair work), then tbe L~cansee ~11 ~mre contra~r w e~cu~ the Ratl~ad's fo~ Con~acW~s R~ght of Bn~ A~ment Lice~see ac~owled~es I ~G 2~ ~ 0~ ~R UPRR REAL ESTATE DCPT402. q~ -~-,. JUN -~, ~l ~0 9194034983?6 P 04×10 receipt cfa copy of the Contractor's R~ght o£ Entry Agreement and understand,ng of itc terms, provis~ons, and requrrements, and will ,n£orm ,ts ~.ontractor of' the need to execute the Agreement Under no c~reumstencas will Licensee's contractor be allowed onto Ltcensor's pres,scs without first executmg the Contractor's Right of Entry Agreement Article V, I~SURA~CE The Licensee, at it~ own sole cost and expense, shall provide to the Licensor a Cart,fiesta of Insurance, identifying Folder No. 94f~-8~, issued by its insurance carrier, ccrtffym8 to the effect,veness of insurance as follows a) Genera{ Pubhc Lmbdtty prowd,ng bodtiy truury and property damage coverage w~th cornbmed smgie halt of at least $1,000,000 each occurrence, a portion of which may be self-,osured the consent and approval of time Licensor The L~censce w,{] also prey,de to the L,cansor a Certificate of insurance issued by its insurance carrier confirmmg the ex~stenee of such msuranoe and that the pol,cy or pohc~es centare thc foUowmg endorsement LrNION PACIFIC RAILROAD COMPANY is named as an addittona] masted wtth respect to all liabdlt{es ar,sm{ out of the ex~stence, usc or any work performed on or assocmted with the Pipeltnc located on Ra,iroad right of way at near l)entnn, Denton County, Texas b) Such msurance shal] be endorsed to prowde contractural hab,hty assumed by the License© under th,s Agreement, and that coverage shall not bc cancelled or changed wtthout gtvm8 thirty (30) days' prior wn~en notice to the Licensor c) Ir'the Licensee named in this Agreement ts a public entity subject to any applicable statutory tort law% the halts of msurance described above shall be the I,mits thc L,censee then has m effect or wh{c}~ is required by applicable current or subsequent law, whichever ts greater, a port,on of wh,ch may be self-,nsured with the consent and approval of the L~¢ensor d) Al] insurance correspondence shall be d,rected to Fo]der No 946-85, Umon Pacific Railroad Company, Real E~ate Department, 1800 Famam Street, Omaha, NE 68102 Article WI TERM. This Agreemen~ she{{ take effe0~ as of the date first he, em wr,ttcn and shall contmue ,n fu{I force and effect until termmated as heres prey,dad Article WII. AMEWDM~:NT O!~ EXI-IIBIT B. S~ct,ons 7 (b) and l0 of.Exhibit B, hereto attached, arc hereby amended to read as follows Section 7 (b) In c~id~tl~ to othe~ lndemn/ty provtslons in ~his Agreement, the Liceneee shcd~ indemnify ~nd hold ~ Licensor harmless from and agc~rmt c/1 co,ts, ~icrbility and e~ense whatsoever (including, without limitation, attca'raeya' ~ees. court costs and. expenses) ~t'ts~ng out o~ c[2'ly act or o.~ls~inr, t~ th~ Licensee. its aaents ct. adler employees that causes or contributes to (1) txtty dcmnc~e to or destr~ct!.on of any telecommunications ayst®m on .~.c~c~'s property, anti/or (2) any ~njury to or death o! any pereon on~plogecl by or on behoJJ o~ any tele~ommuntc~:ons company, ced/ar it, centre:clot ogents and/ar employees on Llcengor's property Licensee [urther c~greea that it shah not have, or seek recourne ¢gainst Hcensor lot any JUN 16 200E~ 20 06 FR UPRR REAL ESTATE DCPT402 99? 5601 TO 9194034983?6 P 85/10 cla~ or cause of aution for a~leg~ loss ~ ~a~e to a te~v~ comp~ us~g ~e~'s prope~ o~ a c~s~ ~ ~e~ ~ a~ces ~ the fl~r optic a~ on ~c~sor's ~ection 10 (o) ~ ~ m [~s S~o~ "~cen~' Includes other ratlroad comp~e~ whomso~er (tnclu~ng ~ h~=oCs ~ers, agents, ~d empires, empl~ees, as ~[t a~ ~y ~ ~rson), ~or (b) d~e to or loss or ~stmction of prope~ wh~soe~r (Including ~c~see~s pmpe~, d~age to the r~d tracks ~spmem ~ other pr~erW ~ the ~ce~or, or prope~W m ~ts c~e or custody) (b) ~ a m~or induc~t ~d in consid~on of the hcenae ~d perm~a~ her~ ~t~ the Llce~ a~s, to the ~t ~r~tted ~ l~ to w~ch ts ~ue to or ~ses ~e prosecuhon ~{ ~y ~rk c~t~tl~, ~ten~ce, repot, mn~al, r~ of the ~e ~ ~ p~t theft, or 2 ~e presence, oper~, ~ use of ~ ~pe~ne or contents eac~g ~h~rom ~ WI~SS WHOOP, the pames hereto have caused ~hts A~eemem to thc da~ firs~ helm wrmen, ~ON PACI~C ~RO~ CO~ By Con~s Rep~s~t~ve WITNESS CITY OF DENTON Title ESTATE DCP'~,,~O~$~Ig~F~t2 9194034983?6 P 06/3.0 . ~"'~'.~ . ;~ .... ':'- ,, , ,~, , , .......... ..... ~ , , .... ~ , ~ ~ ....... , , , i .... I' .t,I~ ~,~ .R ,[-.' ~,,~.,,./ ~' ~ .,.,,,,,,---,, ""~"~' 7 , ,,,.I~' ,,,,.,,,. ~"'gl~'l"~ ~__ ~ ..... j___,,u_..., ..... ~ .......... ~- , ~ ~-~" ,,. T~N~ I 0TN~ , ,,. G~ wl~ CO~STR~CTION BE GY ~N flUTSJ~J CONt~JTO~S;~O~ __ I~LX~OII2 Agendalt~m.~-.~-~~ AGENDA]N~O]~J~IAT]ONSHEET AGENDA DATE' June 20, 2000 DEPARTMENT Engineering & Transp~ CM/DCM/ACM. DaveHlll, 349-8314 5~ SUBJECT An ordinance authorizing the City Manager or his designee to execute a p~pellne crossing agreement w~th the Umon Pacific Railroad Company for a water plpehne at Mile Post 721 170, Choctaw Subdivision, City of Denton, Denton County, Texas, authorizing the expenditure of funds therefor, and providing an effective date BACKGROUND. The proposed U S Highway 377 20-inch water line project, the hmlts being southward fi.om the Kansas City Southern Railroad to a terminus just north of Crawford Road is designed to have a 16" stub-out westward at the Bonnie Brae intersection, in anticipation of future service dehvery The contractor will be mobilized with a bonng operation, crossing U S Highway 377 at that location, which allows for cost savings by including the railroad crossing within the scope of the activity RECOMMENDATION Staff supports approval of the contract PRIOR ACTION/REVIEW (Council. Boards. Commissions) None FISCAL INFORMATION $1,500 oo MAP Attached Respectfully submitted Jerr~ Clark, Director Prefl~red by Enl~gt~erIng & Transportation Paul WIlhamson R~ght-of-Way Agent Location Map SITE MAP ,'ILLIAM L £t~YE AND rAR/L YIV JOYCE £RYI~ r- Pi STA 92+0,0' INSTALL CC // 94-82..T19 STA 91+80 '--- (1/ 20' iNSTALL . . x 20" TEE \ \ BEGIN 56" CASED BORE ... ~'~ ~ / (1) 20 GATE VALVE INSTALL UNION PACIFIC r~ ~ (1) 20" x 12" REDUSE~ - RAILROAD ~ BEGIN 20 CASED (1) FIRE HYDRANT ASSEMBLY ..-"", ../"/' ~-- STA 1+2.5 LINE ~ /'/' INSTALL (-) ~2' GATE VA_YE O 0) ~2" PLUG ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXE- CUTE A PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD COM- PANY FOR A WATER PIPELINE LOCATED AT MILE POST 721 170, CHOCTAW SUB- DIVISION, CITY OF DENTON, DENTON COUNTY, TEXAS, AUTHORIZING THE EX- PENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The City Manager or h~s designee ~s hereby anthonzed to execute a P~pehne Crossing Agreement with Umon Pacific Rmlroad Company for a water p~pehne located at mile post 721 170, Choctaw Subd~ws~on, C~ty of Denton, Denton County, Texas which is attached hereto and mcorporated by reference hereto (the "Agreement") SECTION 2 The expenditure of funds as prowded ~n the Agreement ~s hereby author- ~zed SECTION 3 This ordinance shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED fins the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM BY - ~// d \\CH~LGL\VOLl\shared\deptkLGL\Our DocumentskOrdlnances\00kP~pehne Crossing mile post 721 170 doc PL X 940206 Form Approvcci, AYP-Law Folder No t812-46 PIPELINE CROSSING ~GREEM. ENT Mt[~ Po~ 721 [7 Choctaw Subdw~ston Loca$1o~ Denton, ~nton County, Texas THIS AGREEMENT ~s mad~ and entered ~nto as of September 27, I999, by and between UNION FACII~IC ~-RO~ COMPLY, ~ ~law~ co~orat~on (hgrema~er tho "Lmgnsor'), ~d CITY OF DRNTON, a To~ mumo~pal ~o~o~twn, whos~ add~s ~s 901-A T~xas St, ~ntoa, 76201 (h~m~ th~ '%~con~g~) IT IS ~ALLY AG~ED BY ~ BETWEEN THE PARTIES ~TO AS FOLLOWS: A~ele L LICEN8~ FEE Upon o~gu~on of~lz A~eem~g the L~censee shall pay to the L~gons~ a on~t:me hceng fee ofO~ THOUSA~ ~ HU~ DOL~$ ($1,$~,~) A~cl~ H. LICENSOR G~S ~GHT In cons~d2~t~ of~o L~oonsO F~ to ~ paid by ~e L:cens~ and m ~her oonsldo~uon ofthe cown~tS ~d a~monts h2~in con~mod to ~ by tho L~ns~ kopt, obs~od and perform, ~ L~consor~h~oby gran~ ~ the Ltcensee the r~t to const~c~ and t~crca~cr, during tho to~ he~. to matn~m and oporato only a 20" water p~hne crossm$ (here:na~e: ~e "P*~hne") m tho lo.Ion ~own and m con~o~ w~ the dlmenswns and specifications md~oa~ on tho a~hed print dat~ September 24, 1~9, mark~ ~b~t A Und~ no c~umstances shall Licensee mod~ ~ uso oF~he Pipeline ~or a pur~sc o~h~ than tho ~bow-mvntmned, and sa~d pi~hne shall not bo u~ for any other use, wh~or suOh us~ 15 cur~t]y toohnolo~cally poss~ble, or whether ~uch u~ may come existence dur~ tho h~ ofth~s A~ont A~cle ~. CONSTRUCTION, ~EN~CE ~ OPEn. ON, ~o ~t o~ h~c:n made to ~e ~cen~o ~s subje~ to ~ch and all of~e to~s. prov~slons, cond~t]ofls~ hml~ti~s ~d oownants sot fo~h hereto and m ~xh~b~t ~, ho~o A~icle ~. IF WO~ IS TO BE PE~ORMED BY CONTRACTOR ~f a court.or ts to do any oF tho work ~o~od on 1he P[pe[lno ([noiuding initial oon~ct~on and subsequent ~[~mn or subs~tml ~m2n~co and repa~ work), then Tho L:c2ns~e s~ll r~qm~ non.actor to ~cuW the ~:~s fo~ Coa~cto~s Right o~ U~t~ A~recment JUN t6 2000 10 08 FR UPRR REAL ESTATE DCPT402 99? 360& TO 9194054983?6 receipt of.a copy of the Contractor's Right of Ratty Agreement and understanding of Its terms, provisions, and requirements, and w~ll reform lie contractor of the need to execute the Agreement Under no ¢,rcumstancas w:ll LIcensea~s contractor be allowed onto L:censor's premises without first executing the Con~cract0r's Right of Entry Agreement Article V. INSURANCE. The Licensee, at its ow~ sole cost and expense, shall provide m the Licensor a Certificate of Insuranoe~ ldeatt~leg Folder No. 181:~-4~, Lssued by Its msumn0o earner, oertit'ying to the effectiveness of msuranee as follows a) General Public Liability prov:dmg bodily injury and property damage coverage with combined stogie hm~t of at least $1,000.000 each occurrence, a port:on of which may be ~lf-lnsured w~th the consent and approval ct~ the L~censor The L:censee w~ll also pwv:de to the Licensor a Certificate of Insurance issued by its insurance carner confirming the existence of such insurance and that the pohoy or poh¢les conmn the following endorsement UNION PACIFIC ~KAILROAD COMPANY :s named as an additional msuted with respect to all hab~htles aristaS out of the existence, use or any work performed on or associated wlth the Pipeline located on Railroad right of way at Mdc Post 721 17 at or near Denton, Denton CountT, b) Such insurance shall be endorsed to provide contractural hablht7 assumed by the Licensee under this A~eement, and that coverage shall not be cancelled or changed without gtwug th:rty (30) days' pmor written notice to the Licensor ¢) If the L~eensee named m th~s Agreement ,s a public ent,r~ subject to any applicable statutory ton laws, the limits of msurence rinser{bed above shati be the bruits the Lmcnsee then has m effect or which :s reqmred by apphcable current or subsequen£ law, whichever is greater, m port:on of' whl0h may be self-msured with the consent and approval of'the L~eensor d) All msurance correspondence shall be directed to Folder No 1812-46, Union Pacific Radr"ad Company, Real Estate Depa, u{{ent, 1800 Far.am StreeL Omaha, NE 68102 Article VI. TERM. Thls A~reement shall take effect as of the date first heram written and shall contmue m full corec and effect untd termmated a~ herein provided Article ~¢l'I AMI~NO~NT OF E~[-I~IIT ~. Sections ? (b) and l0 n~Exhlblt ~, hereto attached, are hereby amended to read as SecL~on ~ (~) Ln c~ctl~c~n to otzar ~ndemnlty prc~lons m ~Js Agreement t~e L~nsee s~o~ mderamfy hold the Licensor hcrrmleae from croci ~'c~st ~[I costs, h~;~b~hty c~nd expense whosoever (ineluding, without ~.m'nt~lon ~ c~O. orneye' ieee, cou~ co~t~ ~nd. e,xpenaea) ort~tng out o! tray act or ormssion of the 'hcensee agent~ und/or emp~oyee~, th~ eouse~a or contributes to (11 =ny dctmage to or destruction of uny telecomrnun~cctttona eyslem on L~eensor'~ preperb/, crud/or (2) cmy ln)u~, to or de~b. of ~ny' perecxn by ct on behalf o~ cmy telecommunzeat~ons cornpcmy cad/or tis contrczctor, agents creel/or employees, on Licensor's property Ltcermee ~urthar agrees thut It shot. l] not hr=ye or seek recourse ogoinst Licensor for any JUN iG 2000 l~ 08 FR UPRR REAL ESTATE DCPT402 99? 360i TO 929403498376 P $0/10 cl~m or ~o'~ee o! c~'tfon {or alleg, ed loss ot pro~ ~ r~ue or los~ o{ ~e~e or o~er ~n~en~ d~e t~ ~ ~a~omm~c~ comp~ u~ ~ce~o~s property or ~ customer or us~ ~ {~ce~ o} the [~er optic,c~le ~ ~cen~or's p~per~ S~tlon 10 (o) ~ u~d in t~$ Se~, "~s~' aclu's ~er r~lr~d c~p~es u~ng the ~c~sor's ~ ~ t~ l~on of t~ ~c~me's ~t~l~ion ~ lhem officers agents, ~d ~p~s~ 'Lose' lncludee loss, d~uge, cl~e, d~ds, c~s, c~ses ~ c~ pen~lt~e~ costs ~d e~nses ~ ~er n~e, lnol~ co~ costa ~ ~a' fee~, w~ch m~ result from Ca) ~omaoe~r (mclu~g ~e ~c~'~ ~Jc~, agenta, ~d employees the ~c~*ee employs, as well ~ ~y ~her per~), ~or (b) d~cge to ~ ~ or destru~ton ~ pro~W wh~o~r ~tnclud~g ~en.~'a pr~m~ ~age ~o t~ ~ed, tracks, equipment, or other prope~ of the ~censor or pro~ ~ its c~e or cust~y) (b) ~ a m~or i~uc~ent ~d ~ co~d~ ~ t~ ~se and p~emon heres ~te~ ~e ~ce~ e~e to t~ ~ent p~ ~ 1~, to mde~ ~d hold h~ess the ~cen~ from ~ Lose ~e pro~cu~ ~ ~y ~rk contemplmed by this A~eement lnclu~ng t~ mail.ion c~s~hon, m~ten~ce, repot rental modiflcalom reconsIruc.~ rel~i~, or ~m~ ot the ~pe~e ~ ~ p~ ther~L or 2 ~e pre~ce, ~on, or uae ~ ~e ~pel~e ar contents esc~n~ IN WI~E~S W~OF, the pames hello hav~ causcd this A~mem m be ~.led as of · ~ dat~ tim heres ~. HION PAC~IC ~OAD CO~Y Con.ts Rep~se.~t*vc WITNESS CITY OF DENTON X By Tide · ~< TDT~L P~qGE 10 ~ FORM DR-0404- B PLACE ARROW INDICATING NORTH D]RECT[ON RELA?]VE TO CROSSINO,.~."~..~/ REV ~ i5-98 ~ ~ ,{~'"~' ENCASED NON-FlAMMABLE , ' ~ ~ ~f ...... ~"-7'-'~ ~ ~'~ ' : ', : ', : I I ~ , WALL ' THICKNESS CHART 8] [F YES~ NAME OF STREET ~;O~,*[L,~*O use ~L~ D) DISTRIBUTION LiNE OR TRANSMISSION LINE C) CARRIER PiPEt UNION PACIFIC RAILROAD CO. COMMODITY TO BE CONVEYED ~ OPERAT[ NG PRESSURE--PSI ~011 DUGT IL~ WALL THICKNE5~ ;OIAMETER ~MATERIAL ~ E) CASING PIPE I E, S, NOT[ =CAS[NG MUST'HAVE 2 CLEARANCE BETWEEN GREATEST INCASED P[~ CROSSING AT OuT$[OE DIAMETER OF CARRIER P]PE AND INTERIOR DIAMETER OF CASINO PIPE WHEN FURNISHING DiMENSIONSf GIVE OUTSIDE OF TX CARRIER P~PE AND INSIDE OF CAS[NO PIPE. CASINO PiPE UNDER TRACK(S} F) INSTALLING ~ DRY BORE ANO JACK (WET BORE NOT PERMITTED) , TU~NEC ~ OTHER RR FILE NO. G) WILL CONSTRUCTION BE aY AN OUTS]OR CONTRACTO~ ~ YES~O~ H) DISTANCE FR~ CENTE~ LINE OF TRACK TO NEAR FACE OF 8OR[NO AND w A R N ] N G U P. CO~UNICAT[ON DEP~TMENTt AND HAS DETERMINED FIBER OPTIC CABLE[ DOES ~ ~ DOES NOT ~T.~I~INITY OF L~r[~ ~ Fzm~ optic C~L WORK TO BE PERFORMED · TICKET NO ~ PLXgMII2 at ca~ time o~ tbneo by the Lk~m~r without lk~ to tho L~emo~ or to any other par~ for ~ or ~ Tho foreg0Mg 0rant ts abo sub, mt to all ou~Undln9 sup~ior rfghb (including b tn r-~---~ ~ ~ ~ ~e Lk~nsee tn au~ oce~nn~ ~ ~ ~ ~ Co Cinnmon Standard Specff~ 10/9 aclopMd November include a~t aosignablo ooets If an omergoncy should arise roquirlng .t~ attentimt, ~ L~-~emee mhcd{ provide as much notic~ ca ~ ,~Ovot of tho 1~ All m~h work shall bo ~M:MM~ dflJt~ tO com~ tr~k ~r t~-t~lm and Metre sLtchmmfJMd to m gOOd a ~ond#ionm it wm In at tho flmo c~ ~ ~ ~ b ~b, ~r it mciy pem-dt th~ ~ to do mloh work d ~mowl m~d ~b)m~m to lbB scdiaf~ction of b L~mma~ Agendalt~. ~,~/_,,~,~ -- Date AGENDA INFORMATION SHEET AGENDA DATE. June 20, 2000 DEPARTMENT. Fire Department ~/ CM/DCM/ACM' Jon Fortune, Assistant City Manager \~'x SUBJECT. Consider adoption of an ordtnance authorizing the City Manager to enter into a lease agreement between the City of Denton, Texas and Sue Bur~, authorizing the expenditure of funds, and providing for an effective date BACKGROUND: Because of the enwronmental conditions at Central with the mold and the fact that firefighters cannot inhabit the Central F~re Station, Staff requests the C~ty Council approve an ordinance authonng the City Manager to s~gn a lease for temporary hvmg quarters for Fire Department personnel assigned to that fire station The facility that Staff proposes to lease is a 2,800 square foot building next to the parking lot by Central Th~s location g~ves us the abd~ty to park our fire apparatus m the Central apparatus floor (approved by the environmental contractor) which prowdes security and keeps the apparatus out of the weather The owner of the bmldmg has made extensive renovations over the past year since ~t was vacated by a day care center In adtht~on, she has expended approximately $6,000 to meet the needs of firefighters hwng there 24 hours a day The facility has a commercial k~tchen, rooms for dormitories, as well as a large trmmng area and day room Thc terms of the lease are below market value and for 18 months Thc length ts based on the fact that whatever the final solution to Central's dcstmy, ~t w~ll take approximately that long to remed~ate the mold and then e~ther renovate, rebuild or move to another s~te Temporary hvlng arrangements would have been necessary for firefighters even w~thout the mold s~tuatlon Approved renovations for Central were estimated to take one year and Staff was looking for a temporary hwng rote for fircfighters m the downtown area Th~s fac~hty meets our needs especially well because it is adjacent to Central FISCAL INFORMATION. The lease for temporary llmng quarters will cost $34,800 over the length of the lease agreement - June l, 2000 to November 30, 2001 The land owner has requested $6,000 at the beglunlng of the lease to pay her incurred costs The lease will be paad from the Risk Management contingency fund Ross Chadwick F~re Chief Attachment: ~ Proposed Ordtnance ~ Lease ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SUE BURT, AUTHORIZING THE EXPENDITURE OF FUNDS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, due to environmental ¢ondmons at the Central F~re Station, there ~s a need to prowde temporary quarters for the fire personnel who were housed there, and WHEREAS, the C~ty Counml deems it in the public ~nterest to enter into a lease with Sue Burt for those temporary quarters, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to enter into a lease agreement between the C~ty of Danton and Sue Burr, a copy of which ~s attached hereto and incorporated by reference herren SECTION 2 That the Czty Manager xs authorized expend funds as reqmred by the attached contract SECTION 3 That tins ordinance shall become effective m'nned~ately upon zts passage and approval PASSED AND APPROVED tins the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SUE BURT Date June 1,2000 ("Effective Date") Landlord Sue Burt 216W Oak Denton, TX 76201 Tenant C~ty of Denton, Texas 215 E McK~nney Denton, TX 76201 Premises The real property and ~mprovements commonly known as 218 W Oak, Denton, Denton County, Texas, except however, Landlord shall retain the full use and rights of possession to approximately 2700 square feet of sa~d improvements, being approximately the south 53 5 feet of sa~d ~mprovements that face Oak Street Base Rent (monthly) Total rent shall be $34,800 00 and shall be paid (1) ~n an ~n~bal installment of $6,000 00, which shall be due and payable upon the execution of th~s lease agreement, and (2) In equal monthly installments of $1,600 00 each, w~th the first ~nstallment due on June 1,2000 and thereafter due and payable on the 1st day of each and every calendar month of the lease term Commencement Date' June 1,2000 Termination Date November 30, 2001 Security Deposit' NONE Use of Premrses Any use related to the activities of the C~ty of Denton F~re Department as determined by the Fire Chief of the City of Denton F~re Department and subject to the pnor approval of Landlord for any use of premises not dlrectty related to the Denton Fire Department Amount of Liability and Property Insurance As determined by the Fire Chief of the C~ty of Denton F~re Department and subject to the prior approval of Landlord Landlord understands that Tenant Is a self-Insured governmental entity and that upon adequate evidence of self ~nsurance, Landlord wdl accept self insurance instead of Ilabd~ty insurance Landlord shall pay for fire and extended coverage ~nsurance on the property in the amount set forth in Paragraph C 4 below and maintain coverage during the term of th~s lease Terms and Definitions "Rent" means base rent due Landlord by Tenant "Landlord" means Landlord and its agents, employees, mv~tees, hcensees, or v~s~tors "Tenant" means Tenant and ~ts agents, employees, ~nv~tees, hcensees, or v~s~tors "Essential Services" means heating, ventdabng, a~r cond~tlomng, water, and utdlty connections reasonably necessary for occupancy of the premises for the use stated above LEASE CLAUSES AND COVENANTS A Tenant agrees as follows 1 To lease the premises for the entire term beginning on the commencement date and ending on the termmabon date, unless the improvements are part~ally or totally damaged by fire, water, or other s~m~lar causes, m which case Tenant and Landlord may agree to terminate the lease by wntten notice from each party subject to Paragraph E 5 below 2 To examine and accept the premises ~n their present condition "as ~s," the premises being currently suitable for Tenant's ~ntended use 3 To obey all laws, ordinances, orders, and rules and regulabons apph~'able to the use, condition, and occupancy of the premises, ~nclud~ng the rules and regulat~¢ of the budding adopted by Landlord 4 To pay monthly, ~n advance, on the first day of the month, the base rent to Landlord at Landlord's address 5 To pay a late charge of 5 percent of any monthly rent not received by Landlord by the tenth dayofthe month mwh~ch the rent Is due 6 To pay for all ubhty services to the budding, ~t being expressly understood that there are no separate utility meters for the porbon of the budding retained by Landlord and the leased premises to be used by Tenant Landlord shall not prowde any utd~ty service to Tenant and shall not pay for any utd~ty services to the Budding 7 To repair and maintain the leased premises Landlord shall not be obhgated to repair, replace and / or maintain any part of the leased premises except as set forth m Paragraph C 5 below Tenant further agrees to repair any damage to the premises d~rectly resulting from the neghgence or act~wt~es of Tenant 8 To secure Landlord's prior approval and consent of any ~ntended leasehold ~mprovements to the leased premises Tenant agrees to secure all the necessary permits for any intended ~mprovements to the property and further agrees to be solely responsible for the payment of all expenses and costs associated w~th any such ~mprovements 9 To maintain pubhc habd~ty ~nsurance or self ~nsurance for the leased premises and the conduct of Tenant's bus~ness, as ~nd~cated ~n the Paragraph entitled "Amount of L~ab~hty and Property Insurance" 10 To dehver certificates of ~nsurance to Landlord when requested 11 To allow Landlord to enter the premises to ~nspect the premises and show the premises to prospective purchasers or tenants 12 To vacate the premises on termination of th~s lease B Tenant agrees to refrain from the following 1 To use the premises for any purpose other than that stated ~n the basic lease terms and deflmt~ons 2 To (a) create a nuisance, (b) ~nterfere with any other tenant's normal business operabons or Landlord's management of the budding, (c) permit any waste, or (d) use the premises In any way that Is extra hazardous, would increase ~nsurance premiums, or would void insurance on the budding 3 To alter the premises w~thout Landlord's pnor approval and wntten consent 4 To allow a hen to be placed on the premises 5 To assign th~s lease or sublease any port~on of the premises 6 To use any part of the premises for temporary or permanent parking of fire department vehicles or personal vehicles of staff or personnel C Landlord agrees as follows 1 To lease to Tenant the premises for the entire term beginning on the commencement date and ending on the termination date 2 To obey all laws, ordinances, orders, and rules and regulabons apphcable to the use, condition, and occupancy of the budding 3 To provide normal utdlty service connections to the building, subject however, to Paragraph A 6 above 4 To ~nsure the budding against all risks of d~rect physical loss m an amount equal to at least 90 percent of the full replacement cost of the budding as of the date of the loss and habdlty, Tenant wdl have no claim to any proceeds of Landlord's insurance pohcy 5 To maintain the foundabon, the exterior walls and the roof of the leased premises In good repair Landlord shall not be obhgated to repair, replace and / or maintain any part of the leased premises damaged as a result of the neghgence or act~wt~es of Tenant D Landlord agrees to refrain from the follow,ng 1 Interfere w~th Tenant's possession of the premises as long as Tenant ~s not In default 2 Unreasonably w~thhold consent to ~ntended leasehold ~mprovements by Tenant E Landlord and Tenant agree to the following 1 Alterations Any physical additions or ~mprovements to the premises made by Tenant w~ll become the property of Landlord Landlord may require that Tenant, at termmabon of th~s lease and at Tenant's expense, remove any physical additions and ~mprovements, repair any alterations, and restore the premises to the cond~hon ex~st~ng at the commencement date, normal wear and tear excepted 2 Abatement Tenant's covenant to pay rent and Landlord's covenants are ~ndependent of each other Except as otherwise provided, Tenant shall not be enbtied to abate rent for any reason 3 Release of Claims/Subrogation Landlord and Tenant release each other from any claim, by subrogation or otherwise, for any damage to the premises, the budding, or personal property w~th~n the building, by reason of fire or the elements, regardless of cause, ~nclud~ng neghgence of Landlord or Tenant Th~s release apphes only to the extent that ~t ~s permitted by law, the damage ~s covered by ~nsurance proceeds, and the release does not adversely affect any ~nsurance coverage 4 Notice to Insurance Companies Landlord and Tenant w~ll notify the ~ssu~ng insurance compames of the release set forth m the preceding paragraph and wdl have the ~nsurance pohc~es endorsed, ~f necessary, to prevent tnvahdat~on of the ~nsurance coverage 5 Casualty/Total or Partial Destruction (a) If the premises are damaged by casualty and can be restored w~th~n mnety days, Landlord wdl, at ~ts expense, restore the premises to substantially the same condlbon as they existed before the casualty If Landlord falls to complete restoration w~th~n n~nety days from the date of wntten notification by Tenant to Landlord of the casualty, Tenant may terminate h~s lease by written nobce to Landlord (b) If the premises cannot be restored within mnety days, Landlord has an option to restore or not to restore the premises If Landlord chooses not to restore, th~s lease wdl terminate If Landlord chooses to restore, it wdl notify Tenant of the estimated hme to restore and g~ve Tenant an option to terminate this lease by nohfy~ng Landlord w~thtn ten days If Tenant does not terminate th~s lease, it shall conbnue and Landlord shall restore the premises as provided In (a) above (c) To the extent the premises are umnhab~table after the casualty and the damage was not caused by Tenant, the rent will be abated or adjusted as may be fair and reasonable 6 Condemnation/Substantial or Partial Taking (a) If the premises cannot be used for the purposes contemplated by th~s lease because of condemnation or purchase In lieu of condemnabon, th~s lease will terminate (b) If there Is a condemnation or purchase in heu of condemnation and this lease Is not terminated, Landlord will, at Landlord's expense, restore the premises, and the rent payable dunng the unexpired portion of the term will be adjusted as may be fair and reasonable (c) Tenant will have no claim to the condemnation award or proceeds ~n heu of condemnation 7 Default by Landlord/Events Defaults by Landlord are (a) fa~hng to comply w~th any prows~on of this lease within thirty days after written not~ce by Tenant or (b) fa~hng to provide essential services to Tenant within ten days after wntten not~ce 8 Default by Landlord/Tenant's Remedies Tenant's remedies for Landlord's default are to (a) sue for damages, and (b) ~f Landlord does not prowde an essential service for thirty days after default, terminate th~s lease 9 Default by Tenant/Events. Defaults by Tenant are (a) fa~hng to pay timely rent, (b) abandoning or vacating a substantial portion of the premises, or (c) fa~hng to comply within ten days after wntten nobce by Landlord, w~th any provision of th~s lease other than the defaults set forth in (a) and (b) above 10 Default by Tenant/Landlord's Remedms Landlord's remedies for Tenant's default are to (a) enter and take possession of the premises, after which Landlord may relet the premises on behalf of Tenant and receive the rent d~rectly by reason of the relettmg, and Tenant agrees to reimburse Landlord for any expenditures made in order to relet, (b) enter the premises and perform Tenant's obligations, or (c) terminate th~s lease by written nobce and sue for damages Landlord may enter and take possession of the premises by self- help, by picking or changing locks if necessary, and may lock out Tenant or any other person who may be occupying the premises, unbl the default ~s cured, without being hable for damages 11 Default/Waiver/Mitigation. It ~s not a waiver of default ~f the nondefaulbng party fa~ls to declare ~mmedlately a default or delays ~n taking any acbon Pursuit of any remedies set forth In this lease does not preclude pursuit of other remedies in this lease or prowded by law Landlord and Tenant have a duty to m~bgate damages 12 Holdover If Tenant does not vacate the premises following termination of th~s lease, Tenant shall be a tenant at will and shall vacate the premises on receipt of notice from Landlord No hold~ng over by Tenant, whether w~th or without the consent of Landlord, w~ll extend the term 13 Alternative Dispute Resolution Landlord and Tenant shall submit ~n good faith to mediation before flhng a suit for damages 14 Attorney's Fees If e~ther party retains an attorney to enforce th~s lease, the prevaihng party ~s entitled to recover reasonable attorney's fees 15 Venue Venue ~s ~n the county ~n which the premises are located 16 Entire Agreement Th~s lease ~s the entire agreement of the part~es, and there are no oral representabons, warranties, agreements, or promises pertaining to th~s lease or to the expressly mentioned exhibits and riders not incorporated ~n writing ~n th~s lease 17 Amendment of Lease, This lease may be amended only by an ~nstrument ~n writing s~gned by Landlord and Tenant 18 L~m~tatlon of Warranties. There are no ~mphed warrant~es of merchantabd~ty, of fitness for a particular purpose, or of any other k~nd arising out of th~s lease, and there are no warrant~es that extend beyond those expressly stated m th~s lease 19 Notices. Any nobce required by th~s lease shall be deemed to be dehvered (whether or not actually received) when deposited w~th the Umted States Postal Service, postage prepaid, certified mad, return receipt requested, and addressed to Landlord or Tenant at their addresses 20 Abandoned Property Landlord may retain, destroy, or d~spose of any property left on the premises at the end of the term CiTY OF DENTON, TEXAS SUE BURT, Landlord Date BY MICHAEL W JEZ, C~ty Manager Date ATTESTED. JENNIFER WALTERS, C~ty Secretary Date APPROVED AS TO LEGAL FORM, HERBERT L PROUTY. C~ty Attorney Date r) ate~ AGENDA ]NFOI~,MATION ~HEET AGENDA DATE: Sune 20, 2000 DEPARTMENT: Parks and Recreat~on~ ACM: Dave Hdl ~'~ SUBJECT: Consider a resolution of the City Councd of Denton, Texas urging the Umted States Senate to approve the Conservation and Remvestment Act, wtuch includes over $236 mdhon per year m funding for conservation programs in the State of Texas BACKGROUND: On May 25m, the C~ty Manager forwarded to the City Council some reformation regarding the Conservation and Remvestment Act (CARA) passed recently by the U S House of RepresentaYaves by a vote of 315 to 108 The Senate has now taken up the measure for consideration If approved as mtroduced, the State of Texas w~ll receive annually an edchtJonal $236 mdhon for various conservation projects, including local open space presorvatton and park development projects Several Denton parks were acqutred and/or developed w~th past assistance fi.om federal and state grant programs OPTIONS: City Council may amend the proposed resolution, or deny approval RECOMMENDATION: Staff recommends approval of the resolutton PRIOR ACTION/REVIEW: None FISCAL INFORMATION: Approval of the resolution wffi have no lmmechate fiscal impact EXHIBITS: 1 Proposed resolution Respectfully submitted Ed Hodney, Dn'ector~ Parks and Recreat~ \\CH LGL\VOLI\SHARED\DEPT~LGL\Our Documents\Resolutlons\00\Conservatmn Remvestment Act Res doc RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS URGING THE UNITED STATES SENATE TO APPROVE THE CONSERVATION AND REINVESTMENT ACT, WHICH INCLUDES OVER $236 MILLION PER YEAR IN FUNDING FOR CONSERVATION PROGRAMS IN THE STATE OF TEXAS WHEREAS, the C~ty Council of the C~ty of Denton, Texas ~s committed to preserving our tustoncal and natural resources to ensure that all mt~zens will have the oppormmty to enjoy these resources, and WHEREAS, the Conservation and Re~nvestment Act (CARA) ~ncludes programs that will preserve open spaces, wildlife and hlstonc facfllt~es, and WHEREAS, the passage of CARA will prowde funds to state and local governments to md m the preservation of these resources wa the re~nvestment of Outer Continental Shelf off and gas revenues, and WHEREAS, the Umted States House of Representatives passed the Conservation and Re~nvestment Act (H R 701) by an overwhelming vote of 315 to 102 NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the Umted States Senate consider approval of the Conservation and Retnvestment Act prowdmg state and local governments with funds to preserve the aforement, oned resources PASSED AND APPROVED this the day of ,2000 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM BY ~/ 2 Date~ AGENDA INFORMATION SHEET AGENDA DATE June 20, 2000 DEPARTMENT Economic Development ACM Dave Hill, Developmental Services SUBJECT Consider the adoptmn of an ordinance approwng an mrport lease agreement for a commercml operator between the C~ty of Denton and KPD, Inc, and prowdmg an effective date BACKGROUND KPD, Inc, w~shes to lease a parcel of land totahng approximately 8,800 square feet of land at the Denton Mummpal Parport The terms of the lease will obhgate the KPD to construct a structure of not less than 3,000 square feet on Lot 2 Thxs famhty will be constructed for the purpose of commercml or general awatmn mrcraft storage KPD, Inc will also construct necessary infrastructure to access current tax]ways Representatives of KPD, Inc addressed the Airport Adwsory Board and requested that they be given lease terms s~mflar to terms m the A~rport lease agreements w~th Mr Jim Osborne and Mr Wayne Allen These lease agreements consist of a rate deferral of $0 06 per square foot that would reduce the mxtml lease rate to $0 06 per square foot per year for the first five years KPD, Inc ~s requesting a deferral that would comrade with the deferral terms m Mr Allen's lease, a term not to exceed 44 months The deferred rate will be recouped m the latter part of the term through an mcreased lease rate m the last 16 years of the lease agreement OPTIONS I Approve the lease as proposed II Approve the lease as proposed without the lease deferral RECOMMENDATION The Atrport Adwsory Board recommends Option I The proposed development wall ~ncrease the tax base and w~ll ~ncrease the number of based mrcraft on the field ESTLMATED SCHEDULE OF PROJECT The lease would become effecUve July 1, 2000 and continue through the 30th day of June 2030 (30 years) The lease also prowdes for two successive option terms often years each PRIOR ACTION/REVIEW The City Attorney's Office has reviewed the proposed lease The Airport Advisory Board recommends approval of the lease FISCAL INFORMATION The lease rate for Lot 2 is $0 12 per square foot The lease provides for a rate deferral of $0 06 per square foot for the first forty-four months (three years and e~ght months) or a total of $0 06 per square foot for a yearly rental rate of $528 from July 2000 to March 2004 Years 2004 to 2014 the lease rate will increase by $ 06 per year Years 2014 to 2030 the lease rate will increase by $ 02 per square foot per year EXHIBITS Ordinance Lease Agreement R~p/~? fully s ubml~/e d ~ 'Llnda Rafl~ff, Dli:ector ~J Economic Development Department Prepared by Mark Nelson A~rport Manager ORDINANCE NO AN ORDINANCE APPROVING AN AIRPORT LEASE AGREEMENT FOR A COMMERCIAl OPERATOR BETWEEN THE CIIY OF DEN I ON AND KPD INC, AND PROVIDING AN EFFECTIVF DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The C~ty Manager m hm designee ~s hmeby authorized to execute a anpmt lease agreement for commermal operator between the C~ty of Denton and KPD, Inc, m substantmlly the from of the Au-port Lease Agreement whmh ~s attached to and made a part of tMs ordinance for all purposes SECTION 2 This md~nance shall become effective munedtately upon ~ts passage and approval PASSED AND APPROVED th~s the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 3 AIRPORT LEASE AGREEMENT COMMERCIAL OPERATOR THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON This lease is made and executed this day of , 2000, at Denton, Texas, by and between the City of Denton, Texas, a municipal corporatIon, hereinafter referred to as "Lessor", and KPD, Inc , a Texas corporation having principal offices at 30 WellIngton Oaks, Denton, Texas 76205, hereInafter referred to as "Lessee" WITNESSETH~ WHEREAS, Lessor now owns, controls and operates the Municipal Airport (A~rport) in the City of Denton, County of Denton, State of Texas, and WHEREAS, Lessee desires to lease certain premises on sa~d a~rport and construct and maintain an aircraft hangar and related aviation facll~tles thereon, and NOW, THEREFORE, for and in consideration of the promises and the mutual covenants contained in this Agreement, the parties agree as follows I. ~O~TDITIONS OF A~R~EMENT NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING A p~INCIPL~S OF OPRRATIONS The rzght to conduct aeronautIcal and related actlvmtles for furnishing services to the publzc is granted to Lessee subject to Lessee agreeing 1 To furnish samd services on a famr, equal and not un3ustly d~scrzmznatory basis to all users thereof, and 2 To charge famr, reasonable and not unjustly discriminatory prices for each unit or service, provmded, that Lessee may be allowed to make reasonable and nondmscr~mlnatory discounts, rebates, or other smmllar types of price reductions to volume purchasers B N©N-DISC~IMINATION Lessee, for himself, his personal representatives, successors and interests, and assigns, as a part of the conslderatmon hereof, does hereby covenant and agree as a covenant running with the land that 1 No person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise sub3ected to d]scrmmlnat~on ~n the use of sa~d facll±imes, 2 In the construction of any ]mpzovements on, over, or under such land and the furn~shkngs of servtces thereon, no person on the grounds of race, religion, color, sex, or national origin shall be excluded from partlckpatlon in, denied the benefits of, or otherwise be sub3ected to discrimination, 3 Lessee shall use the premzses ~n compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Offzce of the Secretary, Part 21, Nondiscrimination mn Federally assisted programs of the Department of Transportation - Effectual of Title VI of the Clvkl Rzghts Act of 1964, as said Regulations may be amended C ~I~HT OF INDIVIDIIAI,S TO MAINTAIN AI~C~AF~ It ~s clearly understood by Lessee that no rmght or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the airport from performmng any services on its own aircraft with its own regular employees (lncludmng, but not limited to, maintenance and repair) that ~t may choose to perform D NON-EXCI,UEIVE ~IGHT It is understood and agreed that nothzng herein contained shall be construed to grant or authorize the granting of an exclusmve right wmthmn the meaning of Title 49 U S C Appendzx §1349 E pURT,IC AREAS 1 Lessor reserves the right to further develop or improve the landing area of the airport as zt sees fzt, regardless of the desires or v~ews of Lessee, and without mnterference or hindrance 2 Lessor shall be obligated to maintain and keep mn good repamr the landzng area of the airport and all publicly owned faczlztles of the a~rport, together wmth the rzght to direct and control all activities of Lessee ~n this regard 3 During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for mllmtary or naval use, and, if such lease ms executed, the provisions of thzs mnstrument insofar as they are inconsistent with the provzslons of the lease to the Government, shall be suspended 5 4 Lessor reserves the right to take any actJo~ ~l considers necessary to protect the aerial approaches oi thc amrpoL~t against obstruction, together w~th tho r~qht to prevent Lessee from erect±ns, or perm~lt~nq lo be erecled, any buzldnng or other structure on or adjacen[ to the a±rport which, in the opinion of Lessor, would l~mmt the usefulness or safety of the amrport or constmtute a hazard to aircraft or to aircraft nav~qat~on 5 Thms Lease shall be subordinate to the provisions oJ any existing or future agreement between Lessor and the United States or agency thereof, reLat±ve to the operation or maintenance of the a~rport I I. LEA~}~2[ SE~q Lessor, for and mn consideration of the covenants and agree- ments heremn contamned, to be kept by Lessee, does hereby demmse and lease unto Lessee, and Lessee does hereby hire and take from Lessor, the following descrmbed land smtuated ~n Denton County, Texas A Land A tract of land, bemng approximately 8,800 square feet, or 0 202 acres, drawn and outlined on Attachment "A" as Lot 2, and legally described in Attachment "B," such attachments being mncorporated heremn by reference Together w~th the right of mngress and egress to samd property, and the right in common with others so authorized of passage upon the Amrport property generally, subject to reasonable regulations by the C~ty of Denton and such rmghts shall extend to Lessee's employees, passengers, patrons and lnvltees For purposes of this agreement, the term "Premises" shall mean all property located within the metes and bounds described and ~dentlfzed wmthln Attachment "B", including leasehold improvements constructed by the Lessee, but not including certain easements or property owned and/or controlled by the Lessor B IMPROVEMENTS PROVTDMD BY I.ESSOR NONE There wmll be no improvements provided by Lessor, except as set forth in Article II E ~Access to utilities" below For the purpose of th~s Agreement, the term "Lessor improve- ments'' shall mean those th~ngs on or adjacent to the Premmses belonging to, constructed by, or to be constructed by the Lessor, which enhance or increase, the value or quality of the leased land or property Unless otherwise noted herein, all Lessor improvements are and will remain the property of Lessor All Lessor improvements must be described ~n detail above, or above referenced and attached to this Agreement in an exhibit approved by Lessor C IMPROVEMENTS PROVIDRD BY LESSEE. On Lot 2, Lessee shall 6 construct a hangar/off~ce facility not less than 3,000 square feet with taxi way access and appropr] ate culverts or drainage as required by C~ty ordinances ~n the utility r~ght of way south and west of the proposed hangar as weJl as other _~mprovements a°, determined necessary by City ordinances Said ~mprovements shall be completed not less than 365 days from the date of this agreement D F,A,qW. MENTS Lessor and Lessee by mutual agreement may establish, on the leased premises, easements for public access on roads and taxlways E ~CCRSg TO IJTII,ITLE~ Lessor represents that there are water and 3-phase electricity lines within three hundred feet (300') of the leased premises available to "tap-in" by Lessee, and that the same are sufficient for usual and customary service on the leased premises Lessee will be required to connect to the sewer line located approximately f~fty (50) feet north of said lot III TEP34 The term of this Agreement shall be for a permod of thirty (30) years, commencmng on the 1st day of July, 2000, and continuing through the 30thth Day of June, 2030 unless earlier terminated under the provisions of the Agreement Any attempt by Lessee to renegotlate thms Lease shall be in writing addressed to the City Manager at least one hundred eighty (180) days before the expiration of the stated term of this lease, and at least 180 days before the expIration of any additional renegotlated per~od Lessee has the option to renew for two (2) addltmonal ten (10) year terms The rental and terms to be negotmated shall be reasonable and consmstent with the then value, rentals and terms of similar property on the airport IV PAYMENTS, RENTALS AND FEES Lessee covenants and agrees to pay Lessor, as consideration for this lease, the followmng payments, rentals and fees A LAND RENTAL shall be due and payable mn twelve (12) equal monthly installments mn the sum ~n advance, on or before the 1st day of each and every month during the term of this agreement Lessee may have the optmon to pay annual rentals and fees in whole on or before the 1st day of October, at the begznnlng of the Czty's fiscal year, each and every year of this lease 1 ~ $0 06 per square foot mlnmmum yearly rental, ad]usted annually per paragraph IV C 2 3/~/04. The current lease rate (prevmous year's rental) wlll be zncreased by an additional $0 06 per square foot, and then ad3usted annually per paragraph IV C 7 3 ~/_l//h4_ The current lease rate (previous year' rental) will be Lncreased by an addL~]onal $0 02 per square foot, and then adjusted annually per paraqraph IV C Notwithstanding the foregoing, the annual lease rental to be reduced by the current lease rate per square foot, times the number of square feet comprising all easements established in accordance wmth Article II(C) B LESSOR IMPtIDf~E~ENT~ RENT~I,S NONE There are no Lessor ±mprovements on the leased premises C p31YMENT~ PENAI,TY~ ADJUSTMENT=q Ail payments due Lessor from Lessee shall be made to Lessor at the offmces of the Fmnance Department of the Cmty of Deuton, Accounts Receivable, 215 E McKmnney, Denton, Texas, unless otherwise desmgnated mn writing by the Lessor If payments are not received on or before the 15th, a fmve (5) percent penalty will be due as of the 16th If payments are not received by the 1st of the subsequent month, an additional penalty of one (1) percent of the unpaid rental/fee amount will be due A one (1) percent charge will be added on the 1st of each subsequent month until the unpamd rental/fee payment ms made Famlure to pay the rent or penalty amounts on delinquent rent shall constitute an event of default of this lease The yearly rental for land and improvements herein leased shall be read]usted at the end of each one (1) year period durmng the term of this lease on the basis of the proportion that the then current United States Consumer Price Index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as complied by the U S Department of Labor, Bureau of Labor Statistics bears to the applmcable mndex at the execution of this lease The ormglnal land rental amount is based upon the formulae set forth zn Sectmon IV A for the land herein leased Each rental ad]ustment, mf any, shall occur on the 1st day of July, begmnnmng 2001, and every year thereafter on such date The ad]ustments in the yearly rent shall be determined by multmplymng the minimum yearly rent as set forth mn Section IV A by a fraction, the numerator of which ms the mndex number for the last month prior to the adjustment, and the denommnator of whmch ms the index number applicable at the execution of this lease If the product of this multlplmcatmon ms greater than the m~nlmum yearly rent as set forth in Section IV A , Lessee shall pay this greater amount as the yearly rent unt~t the time of the next rental ad]ustment as called for in this section If the product of this multlpllcatlon ms less than the mlnmmum yearly rent of as set forth mn Section IV A , there shall be no adjustment ~n the annual rent at that time, and Lessee shall pay the prevmous year's annual rent until the tmme of the next rental adjustment as called for mn this section In no event shall any rental ad3ustment called for 8 in this section result mn an annual rent less than the previous year's annual rent The ad]ustment shall be limited so that the annnal rental payment determined for any given year shall not exceed the annual rental payment caJcu]ated for the previous year by more than ten (10) percent If the consumer price lndex fez all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U S Department of Labor, Bureau of Labor Statistics, zs d~scontlnued during the term of thms lease, the remaining rental adjustments called for in this section shall be made using the formula set forth in Subsectmon (a) above, but substituting the ~ndex numbers fez the Consumer Price Index-Seasonally Adjusted U S City Average For Ail Items For All Urban Consumers (CPI-U) for the index numbers for the CPI-U applicable to the Dallas-Fort Worth geographical region If both the CPI-U for the Dallas-Fort Worth geographical region and the U S City Average are d~scontlnued during the term of this lease, the remaining rental adjustments called for ~n this section shall be made using the statistics of the Bureau of Labor Statistics of the United States Department of Labor that are most nearly comparable to the CPI-U applicable to the Dallas-~ort Worth geographical region If the Bureau of Labor Statistics of the United States Department of Labor ceases to exist or ceases to publish statlstmcs concerning the purchasmng power of the consumer dollar durmng the term of th~s lease, the remaining rental adpustments called for in this section shall be made using the most nearly comparable statistics published by a recognized financial authority selected by Lessor V. RIGHTS AND OBLIGATIONS OF LESSEE A USE OF LEASED PREMISES Lessee ls granted the non- exclusmve privilege to engage mn or provide the following 1 ~a~gar L~a~s and R~ta]. The rental or lease of hangars and hangar space and related faczlmtles upon the leased premises 2 Off,ce Space Lease or Rental The rental or lease of office space mn or ad]olnmng Lessee's hangars 3 A~r~rsft a~d Storage. To provide storage of both Lessee's and sublessees' aircraft and aviation related equipment and supplies upon or wlthmn the leased premises 4 Incidental flight instruction, and ~ncldental sales and rental of aircraft Lessee, his tenants and sublessees shall not be authorized to conduct any services not specifically listed in this agreement The use of the leased premises of Lessee, his tenants or sublessees shall be llmlted to only those private, commercial, retail or ~n- 9 dustrlal activities havnng to do wnth or related to a~rports and aviation No person, business or corporation may operate a commer- cial, retail or ~ndus[rmal bus,ness upon the premises of Lessee o~ upon the A~rport w~thout a lease or license irom Le~or authorizing such commercial, retatl or lndus[r~al ac[~v~ty The Lessor shalJ not unreasonably w~thhold authorization to conduct aeronautical or related services B S_T~NDARDS.~ Lessee shall meet or exceed the following standards 1 Address~ Lessee shall file with the Amrport Manager and keep current his ma~lmng addresses, telephone numbers and contacts where he can be reached in an emergency 2 I,]~t. Lessee shall file w~th the A~rport Manager and keep current a list of his tenants and sublessees 3 ~ Lessee shall contractually require his employees and sublessees (and sublessee's lnvltees) to abide by the terms of this agreement Lessee shall promptly enforce his contractual rights in the event of a default of such covenants 4 !It]]~t~es~ Taxes ancl_Eees. Lessee shall meet all expenses and payments in connection with the use of the Premises and the rights and privileges here~n granted, including the timely payment of utilities, taxes, permit fees, lmcense fees and assessments lawfully lev~ed or assessed 5 ~ Lessee shall comply with all current and future federal, state and local laws, rules and regulations which may apply to the conduct of business contemplated, including rules, regulations and ordinances promulgated by Lessor, and Lessee shall keep in effect and post in a prominent place all necessary and/or required licenses or permits 6 ~a~nh~nance of Property Lessee shall be responsible for the maintenance, repair and upkeep of all property, build- ings, structures and improvements, including the mowing or elimination of grass and other vegetation on the Premises, and shall keep said Premises neat, clean and in respectable condition, free from any ob3ectlonal matter or thing Lessee agrees not to utilize or permit ethers to utllmze areas on the leased premises which are located on the outside of any hangar or building for the storage of wrecked or permanently disabled aircraft, aircraft parts, automobmles, vehicles of any type, or any other equipment or ~tems which would distract from the appearance of the leased premises Lessee agrees that at no time shall the leased premises be used for a flea market type sales operation 10 7 p~gl~hm~n_g _~f__B~ln]d~n_gs During the original term of th~,, Lease a~]d during each extensnon~ Lessor shalJ have the right to require, not more tha~ once every five year~ that the metal exterior o~ hangar (s) or bu~ld~ ng (~) located on the premises be reviewed by the A~rport Advlsory Board for the purpose of determining whether painting of the exteriors of such buildings or hangars ~s necessary If the Airport Advisory Board determines pamnt~ng ms necessary, ~t shall furnish a recommendatmon to th~s effect to the C~ty Councml The Council, may, upon the Board's recommendation, require Lessee to repaint said exteriors according to Lessors specifications (to specify color of pamnt, quality of workmanshmp and the year and month in which the hangar(s) or bumld~ng(s) are to be painted, if needed ) Lessee shall complete the painting in accordance with such specifications w~thmn one (1) year of receipt of notmce from lessor Lessee agrees to pay all costs and expense involved ~n the hangar or building painting process Failure of Lessee to complete the painting required by Lessor's C~ty Council within one (1) year period shall constitute Lessee's default under thms Lease 8 I~nauthor] zex~ us~ of pllammses Lessee may not use any of the leased land or premises for the operation of a motel, hotel, restaurant, private club or bar, apartment house, or for lndustrmal, commercmal or retail purposes, except as authorized herein 9 Dwellings It ~s expressly understood and agreed that no permanent dwelling or dommcmle may be built, moved to or established on or wlthmn the leased premises nor may lessee, his tenants, lnvmtees, or guests be permitted to reside or remain as a resident on or within the leased premises or other amrport premises 10 il~ Lessee shall quit possession of all premises leased herein at the end of the primary term of thms lease or any renewal or extension thereof, and deliver up the premises to Lessor zn as good condition as existed when possessmon was taken by Lessee, reasonable wear and tear excepted 11 ~ Lessee shall indemnify and hold harmless Lessor from and against all loss and damages, ~nclud~ng death, personal injury, loss of property or other damages, arising or result zng from the operat ~on of Lessee ' s business mn and upon the leased premises 12 (?h~m~a]s Lessee agrees to properly store, collect and dmspose of all chemicals and chemical resmdues, to 11 properly store, confine, collect and d~spose of ali paint, ~ncludlng paint spray in the atmosphere, and pa±nl products, and to comply with ail Local, ~[ate and Federal regulations governing the storage, hand]mng or disposal of such cbemical~ and paints 13 Hazsrdou~ A~h~v~t~es Should Lessee violate any law, rule, restrlctlon or regulation of the City of Denton or the Federal Aviation Administration, or should the Lessee engage ~n or permit other persons or agents to engage in activities which could produce hazards or obstruction to air nav~gatmon, obstructions to v~slbll~ty or ~nterference wmth any aircraft nav~gatnonal aid statnon or device, whether airborne or on the ground, then Lessor shall state such vlolatmon in writing and deliver written notice to Lessee or Lessee's agent on the leased premises, or to the person(s) on the leased premises who are causing said v~olatlon(s), and upon de]lYery of such written notice, Lessor shall have the right to demand that the person(s) responsible for the violation(s) cease and desist from all such activity creating the violation(s) In such event, Lessor shall have the right to demand that corrective action, as required, be commenced immediately to restore the leased premises into conformance with the particular law, rule or aeronautical regulation being vmolated should Lessee, Lessee's agent, or the person(s) responsible for the violation(s) fall to cease and desist from sa~d violation(s) and to mmmediately commence correcting the vmolatlon(s), and to complete said correc- tions wmthmn twenty-four (24) hours followmng written notification, then Lessor shall have the rmght to enter onto the leased premises and correct the violation(s), and Lessor shall not be responsible for any damages incurred to any mmprovements on the leased premises as a result of the eorrectmve action process D S_LGAIS During the term of this Agreement, Lessee shall have the right, at mts own expense, to place in or on the leased Premises slgns mdentlfyzng Lessee Said signs shall be of a size, shape and design, and at a location or locations, approved by the Lessor and mn conformance with any overall directional graphics or sign program established by Lessor for the Airport Lessor's approval shall not be withheld unreasonably Said signs shall be maintained zn good repair throughout the term of this agreement Notwithstanding any other provision of th~s agreement, said signs shall remamn the property of Lessee Lessee shall remove, at ~ts expense, all lettering, signs and placards so erected on the premises at the expmratzon of the term of this Agreement or extensions thereof 12 VI COVENA1TrS BY LESSOR Lessor hereby agrees as fo[lows A P~ACJYd~[IL ENJQY~EBLT ~hat on payment of rent, lees, and performance of the covenants and agzeements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and en3oy the leased premises and all rights and privileges herein granted, B ~I~LO_LI/I~ICE Lessor warrants and represents that in the establishment, construction and operation of said Denton Municipal Airport, that Lessor has heretofore and at this time is complynng with all existing rules, regulatmons, and crmterla distributed by the Federal Aviation Administration, or any other governmental authority relating to and including, but not limited to, noise abatement, air rights and easements over ad3olnlng and contiguous areas, over-flight in landing or takeoff, to the end that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations of adjoIning property in the course of normal take-off and landing procedures from said Denton Municipal Airport, Lessor further warrants and represents that at all t~mes during the term hereof, or any renewal or extension of same, that it will continue to comply with the foregoing VII SPECIAL CONDITIONS It ms expressly understood and agreed by and between Lessor and Lessee that this lease agreement is sub]ect to the following special terms and condmtmons A RIFNWA¥~ AND TA×IWAYS That because of the present fifteen thousand (15,000) pound continuous use wemght bearmng capacmty of the runway and taxmways of the Airport, Lessee herein agrees to limit all aeronautical actmvlty including landing, take-off and taxlmng, to aircraft having an actual wemght, including the weight of its fuel, of fifteen thousand (15,000), until such time that the runway and designated taxlways on the A~rport have been improved to handle aircraft of such excessive weights It is further agreed that, based on qualified engmneerlng studies, the weight restrictions and provisions of this clause may be adjusted, up or down, and that Lessee agrees to abide by any such changes or revisions as such studies may dictate "Aeronautmcal Activity" referred to in this clause shall mnclude that actzvmty of the Lessee or Its agents or subcontractors, and its customers and lnvmtees, but shall not mnclude those actlvmtmes over which it has no sollcltory part or control, such as an unsolicited or unscheduled or emergency landing A pattern of negligent disregard of the provmslons of this sectmon shall be sufficient to cause the mmmedmate termination of this entmre Agreement and subject Lessee to lmablllty for any damages to the Amrport that might result 13 VIII LEASEHOLD 1MPROVEMENTS A ILF~Q~IREMENTS~ Before commenc±ng the ¢onst]t]ctlon of any Lmprovements upon the premises, Lesse( shall submit 1 Documentat ion, specl flcat LOllS, or destgn work, to be approved by the Lessor, which shall estab]tsh that the improvements to be built or constructed upon the leased premises are in conformance with the overall size, shape, color, quality and design, in appearance and structure of the program established by Lessor on the Airport 2 All plans and specifications showing the location upon the premises of the proposed construction, 3 The estimated cost of such construction No construction may commence until Lessor, acting by its City Council, has approved the plans and specifications and the location of the improvements, the estimated costs of such construction and the agreed estimated life of the building or structure Approval by the City Council shall not be unreasonably withheld, should the Council fail to deny Lessee's plans and speclfncatlons within sixty (60) days of submission thereof to the Council, such plans and specifications shall be deemed approved Documentary evidence of the actual cost of construction on public areas only (such as taxtways) shall be delivered by Lessee to Lessor's City Manager from tlme to time as such costs are paid by Lessee, and Lessor's City Manager is hereby authorized to endorse upon a copy of this lease filed with the City Secretary of Lessor such actual amounts as he shall have found to have been paid by Lessee, and the findings of the City Manager when endorsed by him upon said contract shall be conclusive upon all parties for all purposes of this agreement B ~DDTTIONA¥, C©N~TRI~CTTON OR IMPROVRMRNTS Lessee is hereby authorized to construct upon the land herein leased, at his own cost and expense, buildings, hangars, and structures, that Lessor and Lessee mutually agree are necessary for use in connection with the operations authorized by this lease, provided however, before commencing the construction of any improvements upon the premises, Lessee shall submit plans and specifications for approval by Lessor as specified an Article VIII A , above C QWN~RSMTP OF TMPROVEMENTS All buildings and improvements constructed upon the premises by Lessee shall remain the property of Lessee unless said property becomes the property of Lessor under the following conditions, terms and provisions 1 Removal of Ru~ld~ngs No building or permanent fmxture may be removed from the premises 2 ~ All buildings and improvements of whatever 14 nature rema±nmng upon the leased premises at the end o£ the primary term, or any extension thereof, of this lease shall automatically become the property of Lessor absolutely ~n fee w~thout any cost to Lessor 3 ~]dlng~ It ls agreod that the life of the buzldmng to be constructed by Lessee on the property herein leased is thirty (30) years 4 ~alc~llat~on Should this lea~e be cancelled for any reason before the end of the thirty (30) year expected bumldlng life, it ls especially understood and agreed that Lessor reserves the right to purchase ali buildings, structures and improvements then existing upon the premises by tendering to Lessee one thirtieth (1/30) of the undeprec~ated value of such building for each year remamnlng on the agreed life of such building The undepreclated value of all improvements is to be determined by having such improvements appraised by three appraisers, one appointed by Lessor, one appointed by Lessee and one appointed by the two appraisers IX SUBROGATION OF MORTGAGEE A Any person, corporation or institution that lends money to Lessee for construction of any hangar, structure, building or improvement and retains a security interest in said hangar, struc- ture, building or improvement shall, upon default of Lessee's oblmgatmons to said mortgagee, have the r~ght to enter upon said leased premmses and operate or manage sa~d hangar, structure, building or improvement according to the terms of this Agreement, for a period not to exceed the term of the mortgage with Lessee, or untzl the loan is paid in full, whmchever comes f~rst, but in no event longer than the term of this lease It is expressly understood and agreed that the right of the mortgagee referred to herein is limited and restrlcted to those improvements constructed with funds borrowed from mortgagee, those improvements purchased with the borrowed funds, and those improvements pledged to secure the refmnanclng of the improvements B Lessee shall have the r~ght to place a first mortgage l~en upon the leasehold mn an amount not to exceed eighty-five percent (85%) of the construction cost or current market value of the leasehold mmprovements 15 X RIGHT OF EASEMENT Lessor shall have the right to estabJlsh easements, at no co~t to Lessee, upon the leased ground space ior the purpose o] providing underground utility gerv~ces to, from or across the airport property or for the construct]on of public facLlmtleg on the Airport However, any such easements shall not interfere with Lessee's use of the leased premmses and Lessor shall restore the property to original condmtlon upon the installation of any utmllty services on, mn, over or under any such easement or the conclusion of such construction Construction in or at the easement shall be comp]eted within a reasonable tmme XI ASSIGNMENT OF LEASE Lessee expressly covenants that mt will not assign this lease, convey more than ten percent (10%) of the interest in his business, through the sale of stock or otherwise, transfer, license, nor qubket the whole or any part of the said premises for any purpose, except for rental of hangar space or tie-down space, wmthout the written consent of Lessor Lessor agrees that it will not unreasonably withhold mrs approval of such sale, sublease, transfer, license, or assignment of the facmlltles for the airport related purposes, provided however, that no such assignment, sublease, transfer, license, sale or otherwise shall be approved if the rental, fees or payments, received or charged are in excess of the rental or fees paid by Lessee to Lessor under the terms of this lease, for such portion of the premises proposed to be assigned, subleased, transferred, lmcensed, or otherwmse The provisions of this lease shall remamn binding upon the assignees, mf any, of Lessee XII. INS~CE A ~©UIRED 7N~IgANC~ Lessee shall malntamn continuously in effect at all times durmng the term of this agreement, at Lessee's expense, the following insurance coverage 1 Comprehensive general liability covering the leased premmses, the Lessee or mts company, mrs personnel, and its operations on the amrport 2 Aircraft llabmlmty to cover all flight operations of Lessee 3 Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the Lessee subsequent to thms agreement 4 Liability ~nsurance limits shall be zn the followmng minimum amounts 16 Bodily In]ury and Property Damage One Mill±on DolJars ($1,000,000) combined s~ng]e L~m~ts on a per occurrence basis 5 Ail policies shall name the City of Denton as an additional named ~nsured and provide for a minimum of thirty (30) days written no%ice to the City prior to the effective date of any cancellation or lapse of such policy 6 All policies must be approved by the Lessor 7 The Lessor shall be provided with a copy of all such policies and renewal certlflcatem During the term of this lease, Lessor herein reserves the right to ad3ust or Increase the liability insurance amounts required of the Lessee, and to require any additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor, provmded however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Denton Municipal Airport in size and in scope of avmatlon activities, located in the southwestern region of the United States Lessee herein agrees to comply with all increased or adjusted insurance requirements that may be required by the Lessor throughout the original or extended term of this lease, including types of insur- ance and monetary amounts or lmm~ts of insurance, and to comply with said insurance requirements within sixty (60) days following the receipt of a notice in writing from Lessor stating the increased or ad]usted insurance requirements Lessee shall have the right to maintain in force both types of mnsurance and amounts of insurance which exceed Lessor's minimum insurance requirements In the event that State law should be amended to require types of insurance and/or insurance amounts which exceed those of like or similar public use airports in the southwestern region of the United,States of America, then in such event, Lessor shall have the right to require that Lessee maintain in force types of insurance and/or amount of insurance as specified by State law Failure of Lessee to comply wmth the minimum specified amounts or types of mnsurance as required by Lessor shall constitute Lessee's default of this Lease 17 XIII CANCELLATION BY LESSOR In the event that Lessee shall £1le a vo]unta]y petit±on in bc~nkruptcy or proceedings ~n bankruptcy shall be ~nst~tuted against it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take 3urlsdlctlon of Lessee and its aqset~ pursuant to proceedings brought under the provisions of any Federal reorganization act, or Lessee shall be divested of ~ts estate herein by other operation of law, or Lessee shall fa~l to perform, keep and observe any of the terms, covenants, or conditions herein contained, or on its part to be performed, the Lessor may give Lessee written notice to correct such condition or cure such default and, if any condition or default shall continue for thirty (30) days after the receipt of such notice by Lessee, then Lessor may terminate this lease by written notice to Lessee In the event of default, Lessor has the right to purchase any or all structures on the leased premises under the provisions of Section VIII Paragraph C 4 (Cancellation) hereof XIV CANCELLATION BY LESSEE Lessee may cancel this Agreement, in whole or part, and termi- nate all or any of its obllgatmons hereunder at any tmme, by thirty (30) days written notice, upon or after the happening of any one of the followlng events (1) issuance by any court of competent jurisdiction of a permanent in, unction in any way preventing or restraining the use of said airport or any part thereof for airport purposes, (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period of n~nety (90) days after recempt of a written notice of the existence of such breach, (3) the inability of Lessee to use said premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule or regulation of any approprmate governmental authority having 3urlsdlctlon over the operatmons of Lessor or due to war, earthquake or other casualty, or (4) the assumption or recapture by the United States Government, or any authorized agency thereof, of the maintenance and operation of said a~rport and facilities or any substantial part or parts thereof Upon the happening of any of the four events listed mn the preceding paragraph, such that the leased premises cannot be used for avlatlon purposes, then the Lessee may cancel this lease as aforesaid, or may elect to continue this lease under its terms, except, however, that the use of the leased premises shall not be lmmlted to avlatmon purposes, their use being only limited by such laws and ordinances as may be applicable at that time 18 XV MISCELLANEOUS PROVISIONS A EhlT~RE_Af~REEMENT This Agreement consi]tules the entire understanding between the parties and as of ~ts e£iectmve date supersedes ail prior or ~ndcpendent Agreements between the part~es covering the sub]ect matter hereof Any change or modification hereof shall be in writing signed by bo[h part~es B BINDING_~FFECT Ail covenants, stipulations and agreements here~n shall extend to, bind and inure to the benefit of the legal representatives, successors and assngns of the respectIve part~e~ hereto C SEVRRABILIf[Y If a prov~sion hereof shall be finally declared void or illegal by any court or administrative agency hay- lng jurisdiction, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original lntent of the part~es D NOTICE Any notice given by one party to the other in connection with this agreement shall be in writing and shall be sent by registered mall, return receipt requested, with postage and registration fees prepaid as follows 1 If to Lessor, addressed to City Manager City of Denton 215 E McKlnney Street Denton, Texas 76201 2 If to Lessee, addressed to Mr Rick Dugan 30 Wellington Oaks Denton, TX 76205 Notices shall be deemed to have been received on the date of recempt as shown on the return receipt E ~LEAD~ The headings used in this Agreement are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of thms Agreement F ~OVW.~N~C~ I,AW This Agreement ls to be construed mn accordance with the laws of the State of Texas G M~,DT ATION Prior to instituting suit in a court of competent jurisdiction, the parties shall, in good faith attempt to settle any controversy or claim by any party hereto arising out of or relatmng to this Agreement by mediation in accordance with the laws and rules, then obtaining, of th~ q~ate of Texas and the State 19 Bar of Texas H NO WAIVER No waiver by Lessor or Lessee of any default o~ breach of covenant or term of this ]ease may be treated as a waiver of any subsequent default or breach of the same or any other covenant or term of this Agreement I INDEPENDENT CONTRACTOR During all times that this Lease is In effect, the parties agree that Lessee is and shall be deemed to be an Independent contractor and operator and not an agent or employee of the Lessor with respect to their acts or omissions hereunder For all the purposes hereunder, Lessee is and shall be deemed an independent contractor and it is mutually agreed that nothing contamned herezn shall be deemed or construed to constmtute a partnership or ]olnt venture between the part~es IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written CITY OF DENTON, TEX3%S, LESSOR BY M~chael W gez, Czty Manager ATTEST JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CITY OF DENTON, TEXAS LESSEE KPD, Inc ~/~ ~ Rlck Dugan J President THE STATE OF TEXAS § COUNTY OF DENTON z/~Fhls instrument was acknowledged before me on the ~/~ day of ,q~ ~ , 2000 by Rick Dugan, Presmdent of KPD, Inc on NO~'ARY PUBLIC, STATE OF TEXAS My Commission Expires 21 ATTACHMENT A 5 ~83802 E ?~$ CL ~ /dvOLq £LEC lBO~ /v 88 ~'5 2'5 W 80 03 L 0 CKHEED 2~ PA VED SEE ATTACHED 'EXHIBIT A' th. FLOOD INSURANOE RATE MAP for Denton O¢un~ ~ ~ Dated M~rch 30, 1998 (Subject ~roperty lie~ ~ne X) ~ANDMAR~ ~~0) ~2-~o~ SURVEYORS, INC FAX (~40) DRAWN BY BTM SCALE 1':20' DAT~ 06 JUNE, 2000 JOB NO 0012226_] ATTACHMBNT B "EXHIBIT A" FIELD NOTES 0 202 ACRE BEING all that certmn lot, tract or parcel of land situated in the W~lham Neil Survey Abstract Number 970 ~n the City of Denton, Denton County, Texas, being a part of Lot 1, Block 1 of Southeast Airport Add~bon, an add,t~on to the C~ty of Denton, Denton County, Texas according to the plat thereof recorded ~n Cabinet G, Page 295, Plat Records Denton County, Texas, and being more padmularly described as follows COMMENCING at a concrete monument, said point being the northwest corner of smd Southeast A~rport Addition, THENCE S 15° 29' 24" E, 1747 47 feet to an Iron rod found for PLACE OF BEGINNING, said point being the southeast corner of a tract designated as Lot 1 B, as surveyed by J E Thompson, Registered Professional Land Surveyor Number 4857, dated September 25, 1998, THENCE N 01 ° 23' 50" E, 110 06 feet with the east hne of said Lot lB to an ~ron rod found for corner, said point being the northeast corner of said Lot lB, THENCE S 88° 38' 02" E, 79 88 feet to an ~ron rod found for corner, THENCE S 01° 19' 53" W, 109 89 feet to an iron rod found for corner, THENCE N 88° 45' 23" W, 80 00 feet to the PLACE OF BEGINNING and containing 0 202 acre of land 23 ATTACHMENT Runway f- ~ ...... Agenda IJem~ AGENDA INFORMATION SHEET AGENDA DATE June 20, 2000 DEPARTMENT Eeonounc Development .~ ACM Dawd Hill, Assistant C~ty Manager, Development Serwce SUBJECT Consider adoption of an or&nance authonzxng the City Manager to execute a release of hen releasing note and deed of trust liens on approximately 434 acres of property as a result of the saUsfact~on of the condmons set forth in the note and memorandum of understanding for the International Isotopes, Inc/North Texas Research Center Project, and providing an effective date BACKGROUND In February 1997, the C~ty Council agreed to extend 3,232 feet of asphalt road ~mo the North Texas Research Center In return for constructton of the road, the property owners agreed to locate International Isotopes, Inc ~n the Research Center and meet the following thresholds · Improvements - Construct two facfllt~es (one on Spencer and one on Shady Oaks) at an estimated total constmctmn cost of $4,750,000 · Personal Property - Both structures to be eqmpped w~th a total personal property valued at approximately $7 5 mflhon · Employment - A payroll of $4 mflhon by the end of the 4th quarter 1999 The property owners submitted deeds to approximately 434 acres of land w~thm the North Texas Research Park as collateral for th~s project The agreement between the C~ty and the property owners states that failure to locate International Isotopes, Inc wath the above thresholds would reqmre the property owner to pay all or a portion of the costs to construct the road International Isotopes recently prowded documentation supporting the following · Improvements - Construction costs for the two factht~es at a total of $7,709,430 · Payroll for 1999 $5,970,699 In addition, the Apprmsal D~stnct confirmed 1999 personal property valuation has been set at $8,022,883 for the Research Park facthty (Th~s amount does not ~nclude the eqmpment located at the Jim Chrtstal Road bmld~ng, which ~s valued at an additional $1 7 mflhon ) -1- The property owners and International Isotopes have met the thresholds required ~n the agreement, and th~s ordinance allows the C~ty to release the property that has been held as collateral EXHIBITS Ordinance Release of L~en Respectfully submitted . Lmda Rathff, D~rector .~y Economic Development D~partment -2- ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN RELEASING NOTE AND DEED OF TRUST LIENS ON APPROXIMATELY 434 ACRES OF PROPERTY AS A RESULT OF THE SATISFACTION OF THE CONDITIONS SET FORTH IN THE NOTE AND MEMORANDUM OF UNDERSTANDING FOR THE INTERNATIONAL ISOTOPES, INC/NORTH TEXAS RESEARCH CENTER PROJECT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on or about September 3, 1997 the City entered ~nto that certain Memorandum of Understanding - Economm Development Program Incentive for International Isotopes, Inc (ALPC) with Northwest Realty, Inc and Terrano Realty, Inc for the development of approximately 434 acres of property known as the North Texas Research Center, and WHEREAS, the primary purpose of the agreement was to faclhtate the constructmn of the International Isotopes, Inc proleet, and WHEREAS, in accordance with the conchtmns of the Memorandum of Understanding and to secure the Caty's construction of an approximately 3,232 foot dxwded four-lane roadway, Northwest Realty and Terrano Realty executed a Real Estate Lien Note secured by two Deeds of Trust m the amount of $709,000 seeunng a lien on approximately 434 acres of property, more fully described m the attached Release of Lien, and WHEREAS, the Note and lien was conditioned on Northwest Realty and Terrano Realty, known as the Joint Venture wltlun three years from the date of execution of the Note - September 3, 1997 - constructing one structure consmtmg of not less than 35,000 square feet at a construction cost of approximately $4 mflhon and another structure consisting of not less than 20,000 square feet at a construction cost of approximately $750,000, eqmpplng both structures with total personal property valued at approximately $7 5 mllhon and establishing a payroll of $4 million by the end of the fourth quarter of 1999, and WHEREAS, the Note provides that ff the above~mentioned ~mprovements and the personal property and employment payroll levels are met within the three-year period, the Note would be null and void and that the City would fully release all hens and security interests secured by the Note and Deeds of Trust, and WHEREAS, the City Manager, through the D~rector of Economic Development, has determined that the ~mprovements have been constructed and the thresholds have been met, and recommends that the City release the lien on the property, and WHEREAS, the City Council deems ~t in the pubhc interest to release the hen, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager and his designees, ~nclud~ng, if necessary, the Trustee on the Deeds of Trust, are hereby authorized to execute the Release of Lien, wtuch ~s made a part of this ordinance for all purposes, acknowledging the construction of the unprovements and the meeting of the various economic development thresholds set forth ~n the documents referenced above SECTION 2 That the City Attorney is hereby directed to deliver a notarized and executed original of the Release of Lien suitable for recording ~n the deed records of the County Clerk of Denton County to Northwest Realty, Inc and Terrano Realty, Inc SECTION 3 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the __ day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY. CITY ATTORNEY BY 0 -4- RELEASE OF LIEN Date June 6, 2000 Real Estate Lien Note Date September 3, 1997 Original Amount $709,000 00 Maker N W Realty, Inc, a Texas corporation and Terrano Realty, Inc, a Texas Corporation Payee C~ty of Danton, Texas Date of Maturity September 3, 2000 Holder of Note and L~en C~ty of Denton, Texas, a municipal corporatmn Holder's Mmhng Address 0nclud~ng county) 215 E McKarmey, Denton, Denton County, Texas 76201 Note and Lien Are Described m the Following Documents, Recorded ~n Two Deeds of Trust dated September 3, 1997 from the Maker herein as Grantor to Roger N Wilkinson, Trustee, w~th the C~ty of Denton, Texas as Beneficiary, respectively recorded Denton County Clerk's file document numbers 97-RO089214 and 97-RO089215 on the 19th day of December, 1997 m the Real Property Records of Denton County, Texas Property (mcluchng any improvements) SubJect to Lien Approximately 434 acres, ont of the Mary L Austin Survey, Abstract No 4, the E Moms Survey, Abstract No 868, and the M E P & P R R Co Survey, Abstract No 1473, Denton County, Texas Holder of the note acknowledges its payment and satmfactlon Holder acknowledges completmn of the ~mprovements and reaching the thresholds recited ~n the Real Estate L~en Note described hereto and in that certain Memorandum of Understanding - Economic Development Program Incentives for International Isotopes, Inc (AIPC) (the "Memorandum") executed by Makers Holder releases the Makers and International Isotopes, Inc and their successors, and Holder releases the property from all liens secunng payment of the note and performance of obhgatlons under the Memorandum CITY OF DENTON, TEXAS BY MICHAEL W JEZ, CITY MANAGER TRUSTEE BY ROGER N WILKINSON STATE OF TEXAS § COUNTY OF DENTON § Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Michael W Jez, City Manager for the City of Denton, Texas, known to me to be the person who signed and executed the foregoing instrument, and acknowledged to me that tins instrument was executed for the purposes of consideration therein expressed C_nven under my hand and seal of office th~s __ day of ., 2000 Notary Public in and for the State of Texas My Commission Expires STATE OF TEXAS § COUNTY OF DENTON § Before me, the undersigned authority, a Notary Public ~n and for the State of Texas, on this day personally appeared Roger N Wilkinson, Trustee for the C~ty of Denton, Texas, a mumclpal corporation, on behalf of smd C~ty, known to me to be the person who signed and executed the foregoing instrument, and acknowledged to me that this instrument was executed for the purposes of consideration thereto expressed Given under my hand and seal of office this day of _, 2000 Notary Pubhc in and for the State of Texas My Commission Expires SAVE ~D ~CZPT :ha~ por~z:n of ~ne above described trac~ conv~v~d co Gazelle 96-B0087ZI4, 0ffmcial puol~c ~acords, Dent~n County, Texa~ -7- ;..q~-, :tMS"/ OF THIS DoCUMET',rt', 1572,24 1=nd, CO~ J ~C~ ~R~ 82 D~S 40 ~N~ ~D OT SEC~ ~ ~ DZGT~CZ OF 306.~T F~ ~ ~ Z~ ~ZR ~N T~ ~T ~ ~ WAY THE ~ST RI~-OF-WAY L~ O~ L~ 2~ A D~ST~E OF b44-9~ KACT IV the east ~.O,W. l~nm Or Woodrow L~nm (& vmcinbll 3/*" ~==n rod ~== ==rmer in ~he ~am~ line 0~ Wood~o~ ?~Xc= N 0o';2'00" ~, ~B7.39' witk ~e east line p~acm of be~innin~ ~nd c~nta~ntn~ 4,503,v3~ 44 sq~a~e ~ee~ ac~es o~ ~amd SAVE kND EXCEPT cha~ por~ion of :he above ~escrmbed Fund~n~ by deed date~ May 27, 199q and recorded .n CZe:k's File No Official PublLc Records, Denton County, Texas FL~TRER SA~E ~ND EXCEPT cha= portion of the above describea Oazel!e ~eal~y, Inc. by deed ~ated Dec~ber File No 96-R00872~1, O~fic!al Publmc Records, Da~con County, Texas -13- Jun 15 O0 01~10p Vsssble Chanl~eS ?139354407 p.1 Bent By. BROCHSTEIN SLOBIN ~HAPMANi 713871 1133, Jun 14 O0 5 41PM, Page 2/2 NW REALTY, INC. TRRRANO REALTY, INC. 1303 CAMPBELL HOUSTON, TEXAS 77055 FACSIMILE TRANSMITTAL Suno 2000 JUt 1 5 COMPANY City o f Dento~ FACSIMILE # 940-382-7923 FROM NW REALTY, [NC AND TERRANO REALTY, [NC COMMENTS The fort~ of release of lien you faxed to om' attorney. La. yr., ,e B Chapman, on June 13, 2000 is ac~ptable Please be sure a proper Io~ ~ descnptlon of alt properly covered by the u~st deeds ts attached To our knowled~r,, the City of Denton has fulfilled all its ¢ )ltgat~ons under the wrtRen Memorandum of Understanding stBncd by the p i~l. les, mcludm~ tho consl~uot~on of the approximately 3,332 feet of dt ~lded fou~-laa¢ NW I~ALTY, INC // // \/ UrtJess olhtWwj~lt ~dlcated or obvious fro~ tho flllt~l~ Of the tnmlmlll~a]~ tho ]lif~ ~n~med m th arehe~ebyn~t~f~hat~mydi~i~`~ma~n~&i~n~u~m1orc~Py~mt~t~m~mmumc`~t~n*s~tnc~yi:~ tbited ff~uhaw L~rochstcl~, BlOl~n & CimFr~t~, P C at the abov~ a~s via g ~J Pos*al Sc~v~ce T~I( ycit -14- Agendaltem I~ate AGENDA INFORMATION SHEET AGENDA DATE' June 20, 2000 DEPARTMENT. Engineering & Transportation . ~. DCM' David Hill, Assistant City Manager/Development Service SUBJECT Cons]der adoption of an ordinance authorizing the Mayor or City Manager to enter into a Master Agreement Govermng Local Transportation Project Advance Funding with the State of Texas, acting by and through the Texas Department of Transportation, and prov]chng an effective date BACKGROUND. Previous to this imtlatlve there has not been a standard agreement statewide Each TXDOT District has developed its own format, and each local entity has modified this format to meet the needs of each project Recently, the Director o£Contract Services in Austin completed an analysis that ldent]fed the laws, rules, and basic contract elements common to all agreements Elements of these contracts that vary from project to project include the spec]feat]ohs and funding arrangements For purposes of streamhnmg the contract process, TXDOT has designed two inter~elated agreements A Master Advance Funding Agreement (MAFA) contains what TXDOT hopes will become statewide contract standards generally agreeable to all cities and counties This agreement will need to be approved only one time Secondly, TXDOT has created a Local Project Advance Funding Agreement (LPAFA) that contains provisions related only to the local project needs Exceptions to MAFA or LPAFA may also be addressed by spec]fie amendments RECOMMENDATION. Staff recommends approval o f statewide agreements This will greatly decrease time revolved in processing TXDOT projects Projects will be completed m a timely manner thus providing better service to the c~t]zens of Denton Respectfully submitted -1- REFERENCE ITEM 5 North Central Texas Council Of Governments TO The Surface Trensportat~on Techmcal Committee DATE Apn120, 2000 FROM Dan Rocha Pnnclpal Trensportat~on Planner SUBJECT Master Advance Funding Agreement and Local ProJect Advance Funding Agreement A s~gn~ficant port~on of the advance funding agreements executed between the Texas Department of Transportation (TxDOT) and the local government or agency pnor to m~t~at~on of project ~mplementat~on is a multkpage "bo~lerplate" TxDOT has proposed that agencies consider signing a master agreement for the general terms of the agreement Th~s would only have to be done once After that, agreements w~ll only have to consist of mformatmn detad~ng the' specifics of the particular project(s) Th~s w~ll expedite the agreement execubon process, and save administrative time both on the part of TxDOT and the local government or agency Prewous to th~s m~tlat~ve there has not been a standard agreement statew~de Each TxDOT Distnct has developed ~ts own format, and each local enbty has modified th~s format to meet the needs of each project In recent months, Ms Jenmfer Soldano, D~rector of Contract Services Office ~n Austin, has d~rected her staff to ~dent~fy the common elements of the agreements and to ~dent~fy the elements that vary with each project As a result of th~s analys~s, they have ~dent~fled the taws, rules, and basic contract elements that are common to all of these agreements In most cases, both the State and Local Government must comply w~th these contract reequ~rements Elements of these contracts that vary from project to project ~nclude the proJect specifications and the funding arrangements For purposes of streamhn~ng the contract process, TxDOT has designed two interrelated agreements A Master Advance Funding Agreement (MAFA) contains what TxDOT hopes wdl become statew~de contract standards generally agreeable to all c~bes and counties Th~s Agreement w~ll need to be approved only one time A sample Master Advance Funding Agreement ~s shown ~n Attachment 5 1 To accomphsh each project, TxDOT has created a Local Project Advance Funding Agreement (LPAFA) that contains prows~ons related only to the local project needs Exceptions to the MAFA or excepbons to the LPAFA may also be addressed by specific amendments The LPAFA ~s very short and will be very s~mple to understand and complete for routine projects Exceptions to TxDOT's standard prows~ons will be clear to all part~es A sample Local Project Advance Funding Agreement ~s shown In Attachment 5 2 616 Six Flags Drive Centerpomt Two P O Box 5888 /Vflngton Texas 76005 5888 (817) 640 3300 FAX 817 640 7806 (~)rec.~ed pa~er 2 Memo To Members of the City Council From, Jerry Clark, D~rector of Eng~neenng & Transportation C¢, Dawd H~II, Assistant C~ty Manager/Development Services Date 5/24/00 Re Texas Department of Transportabon (TXDOT) Master Agreement Approval of TXDOT's proposed "Master Agreement" will provide a tool to quickly process State projects Th~s poslbve move is a new concept being embraced by c~t~es and counties throughout the state The Legal Department rewewed the "Master Agreement" and agreed w~th ~t's basra content Their concerns are w~th the "Local Funding Agreement" as stated ~n the following The local funding agreement w~ll prowde specific project details beyond the legal basis of the Master Agreement A Address major concerns regarding right-of-way acqu~s~bon when s~gmng each local funding agreement In that regard, make sure that paragraph 5 of the local funding agreement select which nght-of-way acquisition opbon ~s being selected ~nstead of the current language that states ~t ~s always the local govemment's responslb~hty Section 13 of the Master agreement prowdes for the following three options 1 Local government ts totally responsible 2 State ~s responsible w~th local government contnbubng 10% of the cost 3 Joint responsibility between state and local government If you have any questions regarding the Legal Department's pos~t~on, please ask the C~ty's attorney Je~tor of~-~ En~e~nng & 'l~ansportatlon ®P~el 3 ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR OR CITY MANAGER TO ENTER INTO A MASTER AGREEMENT GOVERNING LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING WITH THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the State of Texas acting by and through the Texas Department of Transportation (the "State") has promulgated a Master Agreement Govermng Local Transportation Project Advance Fundmg, a copy of which is attached hereto and made a part hereof by reference as Exhibit "A" (the "Master Agreement"), and WHEREAS, the City Council deems it in the public ~nterest to enter into the Master Agreement with the State, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The Mayor, or m bas absence, the Mayor Pro Tem, or the City Manager or his designee is authonzed to execute the Master Agreement on behalf of the City of Denton, Texas, substantially in the form of the Master Agreement attached as Exhibit "A" SECTION 2 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED tins the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY \\CH-LGL\VOLI~SHARED\DEP~LGL\Our Documan~a\Ordmances\00\TxDot Masted Agreement doc STATE' OF TEXAS § COUNTY OF TRAVIS § MASTER AGREEMENT GOVERNING LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENTS THIS MASTER AGREEMENT ~s made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the Local Governments as ~dentffied on the s~gnature pages and by each Attachment B (attached resolutions), actang by and through ~ts duly authorized officials, hereinafter called the "Local Governments" WITNESSETH WHEREAS, the Intermodal Surface Transportation and Efficiency Act of 1991 (ISTEA) and the Transportation Eqmty Act for the 21~t Century (TEA-21) codffied under T~tle 23 U S C Section 101 et seq, authorize transportation programs to meet the challenges of protecting and enhancing commumUes and the natural environment and advanmng the nation's economac growth and competlUveness, and WHEREAS, ISTEA and TEA-21 estabhsh federally funded p~ograms for transportation ~mprovements to ~mplement ~ts pubhc purposes, and WHEREAS, T~tle 23 U S C Section 134 reqmres that Metropohtan Planmng Orgamzatlons and the States' Transportation Agencies to develop transportation plans and programs for urbanized areas of the State, and WHEREAS, the Texas Transportation Code, Sectmns 201 103 and 222 052 estabhsh that the State shall design, construct and operate a system of h~ghways ~n cooperation w~th Local Governments, and WHEREAS, federal and state laws reqmm Local Governments to meet certmn contract standards relating to the management and adrmmstrat~on of State and federal funds, and WHEREAS, the governing terms of th~s Master Agreement will provide for efficient and effective contract adrmmstrat~on of the types of Local ProJect Advance Funding Agreements (LPAFA) hsted ~n Attachment A, and, WHEREAS, the Texas Government Code, Section 441 189 allows any state record to be created or stored electromcally ~n accordance w~th standards and procedures adopted as adrmmstrat~ve rules of the Texas State L~brary and Archives Comrmssmn, and WHEREAS, the Governing Bodies of the Local Governments have approved entenng ~nto th~s Master Agreement by resolution or ordinance attached hereto and made a part of th~s Master Agreement as Attachment B 1 5 NOW, THEREFORE, an consideration of the prenuses and of the mutual covenants and agreements of the partaes hereto, to be by them respectively kept and performed as hereinafter set forth, lt,~s agreed as follows AGREEMENT 1. Period of the Agreements This Master Agreement and the Local ProJect Advance Fumhng Agreements (LPAFAs) subject to this Master Agreement become effective when signed by the last party whose s~gmng makes the respect:ve agreements fully executed Th~s Master Agreement shall remmn :n effect until terrmnated as proxqded m Article 2 2. Termination of this Master Agreement This agreement may be terrmnated by any of the following condlt~OnS a by mutual written consent and agreement of all parties b by any party w~th 90 days written notace If this Master Agreement is ternunated under th~s clause, all ex~st~ng, fully executed LPAFAs made under th~s Master Agreement shall automataeally incorporate all the provlslons of this Master Agreement c by e~ther pa~y, upon the fmlure of the other party to fulfill the obhgations as set forth ~n this , Master Ag~ement 3. Termination of the Local Project Advance Funding Agreement (LPAFA) An LPAFA shall remmn ~n effect until the project :s completed and accepted by all part~es, unless a the agreement is terrmnated in writing with the mutual consent of the part~es, or, b because of a breach of th~s Master Agreement or a breach of the Local Project Advance Funghng Agreement Any cost incurred due to a breach of contract shall be prod by the breachxng party c After the PS&E the Local Governments may elect not to provide the funding and the project does not proceed because of insufficient funds, the Local Governments agree to reimburse the State for ~ts reasonable actual costs ~ncurred dunng the project d conditions for terrmnatlon as specified in the LPAFA are fulfilled 4 Amendments a Amendment of this Master Agreement by Notice with Mutual Consent The State may notafy the Local Governments of changes in this Master Agreement resulting from changes ~n federal or state laws or roles or regulataons and these changes in the Master Agreement shall be incorporated into this agreement unless the State ~s notihed by the Local Governments within 60 days From time to time, the State may issue numbered restatements of this MAFA to wholly reflect its amendments 2 6 b Th~s Master Agreement may be amended due to changes in the agreement or the responsxblhttes of the parties Such amendment must be made through a mutually agreed upon, written amendment that is executed by the pames c The not, ce of amendment and the amendment to this Master Agreement may be m an electromc form to the extent penmtted by law and after a prior written consent of the partaes to th~s agreement Is made d Amendments to the LPAFAs due to changes in the character of the work or terms of the agreement, or respons~bflmes of the parties relating to a speeffic project governed under th~s Master Agreement may be enacted through a mutually agreed upon, written amendment to the LPAFA 5. Remedies Thas agreement shall not be considered as specify~ng the exclusive remedy for any agreement default, but all remedies existing at law and ~n equity may be availed of by e~ther party to th~s agreement and shall be cumulative 6. Utilities If the reqmred right of way encroaches upon existing utilities and the proposed project requires their adjustment, removal or relocatmn, the Local Governments wdl be responsible for deterrmmng the scope of utd~ty work and notify the appropriate utility company to schedule adjustments, unless specified otherwise m a speclhc LPAFA under other provls~ons of th~s MAFA The Local Governments shall be responsible for the adjustment, removal or relocation of utility facilities m accordance w~th applicable State laws, regulataons, roles, pohc~es and procedures Thas ~ncludes, but is not hnuted to 43 TAC §15 55 relating to Construction Cost Partm~pat~on, 43 TAC §21 21 relating to State Partm~patlon ~n Relocation, Adjustment, and/or Removal of Utilities, and, 43 TAC§ 21 31 et seq relating to Utility Accommodatmn The Local Governments will be responsible for all costs assocmted w~th additional adjustment, removal, or relocataon dunng the construction of the project, unless this work ~s provided by the owners of the utility famhues a per agreement, b per all applicable statutes or rules, or, c as specified otherwise In a LPAFA Prior to letting a construction contract for a local project, a utility certification must be made available to the State upon request stating that all utilities needing to be adjusted for completion of the construction activity have been adjusted 7. Environmental Assessment and Mitigation Development of a local transportatmn project must comply w~th the National Enwronmental Pohcy Act and the National I-hstorlc Preservation Act of 1966, which require enwronmental clearance of federal-md projects 3 a The Local Govemments are responsible for the ldentfficat~on and assessment of any envlwnmental problems assocmted with the development of a local project governed by th~s agreement, unless provided for otherwise m the specific project agreement b The Local Governments are responsible for the cost of any environmental problem's nut~gataon and remedmt~on, unless provided for otherwise an the specific project agreement c The,Local Governments are responsible for prowchng any pubhc meetings or pubhc heanngs reqmred for development of the enwronmental assessment, unless provaded for otherwise ~n the specffic project agreement d The Local Governments shall prowde the State w~th written certification from appropriate regtllatory agencyOes) that ~denttfied environmental problems have been remedmted, unless proxaded for otherwise m the specffic project agreement 8. Compliance with Texas Accessibility Standards and ADA All parUes to th~s agreement shall ensure that the plans for and the constmctmn of all projects subject to th~s Master Agreement are an comphance wath the Texas Accessthahty Standards (TAS) ~ssued by the Texas Department of Licensing and Regulauon, under the Arclutectural Bamers Act, Arttcle 9102, Texas C~vll Statutes The TAS estabhshes mammum accessabflaty reqmrements to be consistent w~th rmnlmum access~bflaty reqmrements of the Americans w~th D~sabfl~tles Act (P L 101-336) (ADA) 9, Architectural and Engineering Servaees Any party to th~s contract may have responslbflaty for effectmg the performance of architectural and englneenng servmes Or, the part, es may agree to be ~nd~v~dually responsible for portmns of th~s work The LPAFA shall define the party responsible for performance of th~s work The englneenng plans shall be developed an accordance w~th the apphcable State's Standard Specfcattons for Constructwn and Maintenance of Htghways, Streets and Brtdges, and thc specml specfficatmns and specml prov~smns related thereto, unless specffmally stated otherwise m the LPAFA and approved by the State In procunng professmnal servmes, the parUes to thas agreement must comply w~th federal reqmrements cited in 23 CFR Part 172 ff the project is federally funded and w~th Texas Government Code 2254, Subchapter A, in all cases Professaonal servmes contracts for federally funded projects must conform to federal reqmreraents, specifically ~ncluchng the provision for participation by d~sadvantaged busaness enterprises (DBEs), ADA, and enwronmental matters 10. Construction Responsabiht~es a Unless specifically prowded for otherwise ~n the LPAFA, the State shall advertise for construction b~ds, ~ssue b~d proposals, receives and tabulate the bids and award and admamster the contract for construction of the Project Adrmmstratton of the contract includes the responsibility for construction eng~neenng and for ~ssuance of any change 4 orders, supplemental agreements, amendments, or addat~onal work orders, whtch may become necessary subsequent to the award of the construction contract In order to ensure federal funrhng ehg~blhty, projects must be authorized by the State prior to adverttsmg for construction b All contract letting and award procedures must be approved by the State prior to letting and award of the construction contract, whether the constmctlon contract is awarded by the State or by the Local Governments c All contract change order rewew and approval procedures must be approved by the State prior to start of construction d Upon completion of the ProJect, the party constructing the project wtll tssue and s~gn a "Notfftcatton of Completion" acknowledging the ProJect's constmctton completton e For federally funded contracts, the parties to this agreement will comply w~th federal construction requirements c~ted rn 23 CFR Part 635 and with reqmrements cited m 23 CFR Part 633, and shall include the latest version of Form "FI-IWA-1273" tn the contract b~dding documents If force account work will be performed, a finding of cost effecttveness shall be made in compliance w~th 23 CFR 635, Part B 11. Project Maintenance The Local Governments shall be responsible for mmntenance of locally owned roads after completion of the work and the State shall be responsible for mmntenance of state htghway system after completton of the work if the work was on the state highway system, unless otherwise provtded for ~n the LPAFA or other prior exlsnng mmntenance agreement w~th the Local Governments 12. Local Project Sources and Uses of Funds a The total esttmated cost of the ProJect will be clearly stated ~n the local project agreement The expected cash conmbuttons from the federal, state, Local Governments or other parties wall be clearly stated The State wall pay for only those project costs that have been approved by the Texas Transportatton Comrmsston b A project cost esttmate showtng the esUmated contnbuttons tn kind or m cash for each major area of the local project will be provided in the LPg. FA Thts project cost estimate will show how necessary resources for completing the project will be provtded by major cost categories These categories ~nclude but are not hn'nted to (1) costs of real property, (2) costs of utthty work, (3) costs of enwronmental assessment and remedtatton, (4) cost of prehnnnary engtneenng and design, (5) cost of construction and construction management, and (6) any other local project costs c The State will be responsible for secunng the Federal and State share of the funchng required for the development and constructmn of the local project Federal share of the project wall be reimbursed to the Local Governments on a cost basts d The Local Governments wall be responsible for all non-federal or non-State parttclpation costs assoctated wtth the Prolect, including any overruns tn excess of the approved local project budget, unless otherwtse provtded for tn the LPAFA 5 9 e Followang execution of the LPAFA, but prior to the performance of any review work by the State, the Local Governments wall ferret a check or warrant made payable to the '~rexas Department of Transportation "in the amount specified m the LPAFA The Local Governments wall pay at a rmmmum ats funding share for the estimated cost of prehrmnary engmeenng for the project, unless otherwise provided for m the LPAFA f Saxty (60) days prior to the date set for receapt of the construction bads, the Local Governments shall renut ats mmmmng flnancaal share for the State's estimated construction ovemaght and construction costs, unless otherwise prowded for an the LPAFA g In the event the State deterrmnes that additional funding as mqmred by the Local Governments at any tame dunng the ProJect, the State will not~fy the Local Governments an wntang The Local Governments will make payment to the State wath~n thirty (30) days from receipt of the State's written not~flcauon, unless otherwise provided for m the LPAFA h Upon completion of the ProJect, the State will perform an audit of the local project costs Any, funds due to the Local Oovernments, the State, or the Federal government will be promptly prod by the owing party The State wall not pay interest on any funds provided by the Local Governments If a wmver has been granted, the State will not charge the Local Governments for the mchrect costs the State incurs on the local project, unless this agreement ~s tenmnated at the request of the Local Governments prior to compleuon of the project k If the local project has been approved for a "fixed price" or an "incremental payment" non- standard fundmg or payment arrangement under 43 TAC §15 52. the LPAFA will clearly , state the amount of the fixed price or the incremental payment schedule I The Texas Comptroller of Pubhc Accounts has deterrmned that certmn counties qualify as Economacally Disadvantaged Counttes in comparison to other counties ~n the state as below average per capita property value, and below average per capita ~ncome, and above average unemployment, for certmn years The LPAFA will reflect adjustments to the standard financing arrangement based on th~s destgnataon m The State wall not execute the contract for the construction of a local project until the reqmred funding has been made avmlable by the Local Governments ~n accordance with the LPAFA 13. Right of Way and Real Property The Local Governments are responsible for the provision and acquisition of any needed right of way or real property, unless the State agrees to participate in the provaslon of right of way under the procedures described herein as parts A and B of this provision Title to right of way and other related real property must be acceptable to the State before funds may be expended for the improvement of the right of way or real property If the Local Governments are the owners of any part of a project stte under an LPAFA, the Local Governments shall perrmt the State or its authorized representative access to occupy the site to perform all act~wties reqmred to execute the work under the LPAFA All parties to this agreement will comply with and assume the costs for compliance with all the requirements of Tffie 12[ and Title III of the Uniform Relocation Assistance and Real Property 6 Acqmsltaon Policies Act of 1970, Title 42 U S C A Section 4601 et seq, lncluthng those provisions relatang to incidental expenses zncurred by the property owners in conveying the real property~ to the local Governments, and benefits applicable to the relocatton of any dtsplaced person aS defined in 49 CFR Section 24 2(g) Documentation to support such compliance must be mmn~mned and made avmlable to the State and its representatives for review and lnspectaon If the Local Governments purchase right of way for a Local Governments street, title will be acquired m the name of the Local Governments in accordance with applicable laws unless specifically stated otherwise in the LPAFA and approved by the State If the State partaclpates in the purchase of right of way for the state, it will be under the processes established in the following paragraphs A or B, and the selected optton shall be specified in the LPAFA A. Purchase By the State for the State The State will assume responsibility for acqmsitlon of all necessary right of way for the highway project The Local Governments will voluntarily contribute to the State funds equal to ten (10) percent of the cost of the right of way for the proper development and construction of the state h~ghway system and shall transrmt to the State a warrant or check payable to the Texas Department of Transportation when notified by the State of the estimated cost of the right of way ff the amount is found insufficient to pay the Local Governments' obligation, then the Local Governments, upon request of thc State, will supplement this amount m such amount as requested by the State Upon completmn of the highway project and in the event the total amount prod by the Local Governments are more than ten (10) percent of the actual cost of the right of way, any excess amount will be returned to the Local Governments Cost of the right of way by the State shall mean the total value of compensation paid to owners, including but not hrmted to utility owners, for their property interests either through negotiations or enunent domain proceedings B Purchase by the Local Governments for the State Purchase Right of way pumhases shall be a joint effort of the State and the Local Governments Acqms~tlon of right of way shall be in accordance w~th the terms of this agreement and in accordance with applicable Federal and State laws governing the acquisition policies for acqumng real property The State agrees to reimburse the Local Governments for its share of the cost of such right of way providing acquisition when it has been authorized to proceed by the State Location Surveys and Preparatton of Rtght of Way Data The State, without cost to the Local Governments, will do the necessary prehtmnary engineenng and t~tle ~nvestigat~on m order to supply to the Local Governments the data and instruments necessary to obtain acceptable t~tle to the desired right of way 7 Determtnatton of Rtght of Way Values The Local Governments agree to make a deterrmnat~on of property values for each right of way parcel by methods acceptable to the Local Governments and to subrmt to the State's Dastnct Office a tabulalaon of the values so deterrmned, sagned by the appropriate Local Governments representatave Such tabulatmns shall last the parcel numbers, ownership, acreage and recommended compensation Compensation shall be shown m the component paxts of land acquired, ~termzat~on of ~mprovements acquared, damages Of any), and the amounts by which the total compensation will be reduced ~f the owner retains ~mprovements Thas tabulation shall be accompamed by an explanation to support the deterrmned values, together w~th a copy of ~nformat~on or reports used in amwng at all deterrmned values Such work will be performed by the Local Governments at ~ts expense wathout cost partac~pat~on by the State The State w~ll rewew the data subrmtted and may base ~ts reimbursement on the values which are deterrmned by th~s rewew The State, however, reserves the right to perform at ~ts own expense any adcht~onal ~nvestagataon deemed necessary, ancludmg supplemental appraisal work by State employees or by employment of fee apprmsers, all as may be necessary for deterrmnat~on of values to constitute the basas for State reambursement If at any stage of the project development ~t ~s deterrmned by mutual-agreement between the State and Local Governments that the reqmrement for the Local Governments to subrmt to the State property value deterrmnataons for any part of the reqmred right of way should be wmved, the Local Governments wall make appropriate written notace to the State of such waaver, such notice to be acknowledged an writing by the State In anstances of such wmver, the State by ats due processes and at ~ts own expense w~ll make a deterrmnataon of values to constatute the basas for State reambursement Negottattons The State w~ll notdy the Local Governments as soon as possable as to the State's deterrmnataon of value Negottat~on and settlement wath the property owner w~ll be the respons~b~hty of the Local Govemments wathout partaclpataon by the State, however, the Local Governments w~ll notary the State ~mmedlately prior to closing the transaction so that a current title ~nvestagat~on may be made to deterrmne af there has been any change m the tatle The Local Governments wall dehver properly executed ~nstmments of conveyance which together w~th any curative instruments found to be necessary as a result of the State's tatle ~nvestagataon w~ll be properly vest title an the State for each right of way parcel revolved The costs mcldental to negotaat~on and the costs of recordang the right of way instruments wall be the respons~b~hty of the Local Governments The cost of tatle lnvestagat~on wall be the responsabahty of the State Condemnation Condemnataon proceedangs wall be lmtaated at a tame selected by the Local Governments and wall be the Local Governments' responsabahty at ~ts own expense except as hereinafter andacated The Local Governments wall obtain from the State w~thout cost current tatle ~nformat~on and engmeenng data at the t~me condemnation are to be ~nd~cated Except as hereinafter set forth the Local Governments wall concurrently fale condemnation proceedings and a notice of hs pendens for each case an the name of the State, and m each case so filed the judgmeiat of the court will decree t~tle to the property condemned to the State The Local Governments may, as set forth herean under "Excess Tal~ngs" and where ~t as detenmned to be necessary, enter condemnataon proceedings in its own name Property acquired an the Local Governments' name for the State must comply w~th requarements set forth in the engmeenng data and tatle mvestagataon previously furnished to the Local Governments by the State at such tame as the Local Governments conveys smd property to the State Court Costs, Costs of Special Comrmssaoners' Heanngs and Appraisal Expense Court costs and costs of Special 8 Cornnuss~oners' heanngs assessed agmnst the State or Local Governments in condemnation proceedings conducted on behalf of the State and fees ~nc~dent thereto will be pa~d by the Local Governments Such costs and fees, w~th the exception of recording fees, will be eltgthle for mnety (90) percent State m~mbursement under the estabhshed reimbursement procedure provided such costs and fees are ehg~ble for payment by the State under existing law Where the Local Governments uses the State's apprmsers employed on a fee bas~s m Special Comrmss~oners' heanngs or subsequent appeals, the cost of the apprmser for updating the report, for prepanng new reports, prepanng for court testimony and appeanng m court to testify ~n support of the appraisal will be prod d~rect by the Local Governments, but w~ll be ehg~ble for ninety (90) percent State reimbursement under estabhshed procedure prowded prior approval for such appraiser has been obtmned from the State The fee prod the apprmser by the Local Governments shall be in accordance w~th the fee schedule set forth ~n the appraiser's contract for apprmsal services w~th the State Excess Takings In the event the Local Governments desires to acqmre land in excess of that requested by the State for right of way purposes, the State's cost pamc~pat~on will be limited to the property needed for its purposes ff the Local Governments elects to acqmre the enUre property, including the excess taking, by a single instrument of conveyance or ~n one enunent dommn pmceechng, the property ~nvolved will be acqmred ~n the name of the Local Governments and that port~on requested by the State for right of way will be separately conveyed to, the State by the Local Governments When acqmred by negotiation, the State's partm~pat~on will be based on the State's approved value of that part of the property requested for right of way purposes, prowded that such approved value does not exceed actual payment made by the Local Governments When acqmred by condemnation, the State's pammpatmn wall be m the proporUonate part of the final judgment amount computed on the bas~s of the relationship of the State's approved value to the State's predeterrmned value for the whole property Improvements Property owners will be afforded an opportumty m the negotmt~ons to retmn any or all of their ~mprovements m the right of way taking In anticipation of the owner desmng to retmn improvements, the State's approved value wall ~nclude the amounts by which the upper hrmt of State partm~pat~on will be reduced for the retention It ~s further agreed that the upper hnut for the State's participation m the Local Governments' cost for an ~mproved parcel will be reduced as shown ~n the State's approved value where the owner retmns an ~mprovement which ~s to be moved by e~ther the Local Governments or the owner In the event ~mprovements, which are, ~n whole or part, a part of the right of way takdng are not retmned by the owner, title ~s to be secured in the name of the State The State w~ll participate in the acqms~tlon of a structure severed by the right of way hne ff the part of the house, bmldmg or s~rmlar structure which hes outside the right of way cannot be reconstructed adequately or there ~s nothing but salvage left, prowded that the State's value ~s estabhshed on th~s bas~s and provided that role to the entire structure ~s taken ~n the name of the State The State shall d~spose of all ~mprovements acqmred The net revenue derived by the State from theld~spos~uon of any ~mprovements sold through the General Services Comrmss~on w~ll be credited to the cost of the right of way procured and shared w~th the Local Governments Relocatton of Utthttes on Acqutred State Rtght of Way If the required right of way encroaches upon an exlstang utility located on its own right of way and the proposed hlghway constmctmn reqmres the adjustment, removal or relocation of the ut~hty facility, the State wdl estabhsh the necessity for the ut~hty work State part~cxpatmn m the cost of malang the necessary change, less any resulting increase ~n the value to the utility and less any salvage value obtmnable, may be obtmned by e~ther the "actual cost" or "lump sum" procedures Rexmbursement under "actual cost" w~ll be made subsequent to the Local Governments' certfficatmn that the work has been completed and will be made in an amount equal to mnety (90) percent of the ehg~ble ~tems of cost as prod to the utahty owner The "lump sum" procedure reqmres that the State estabhshes the ehg~blllty of the utahty work and enters into a three-party agreement, with the owners of the utthty famhtaes and the Local Governments, which sets forth the exact lump sum amount of reimbursement, based on a prior appraisal The utility will be reimbursed by the Local Governments after proper ce~ficatmn by the utility that the work has been done, smd reimbursement to be the bas~s of the prior lump sum agreement The State will reimburse the Local Governments in an amount equal to mnety (90) percent of the finn cormmtment as pa~d to the ut~hty owner The foregoing xs subject to the provision that the individual lump sum approved value shall not exceed $20,000, except as specifically approved by the State In those cases where a single operatmn ~s estimated to exceed $20,000 the transaction will be brought to the attentmn of the State for deterrmnat~on of proper handling based upon the c~rcumstances involved Such utility firm cormmtment will be an appropriate item of right of way The adjustment, removal or relocatmn of any utility line on publicly owned right of way by sufferance or penmt wall not be ehg~ble for State reimbursement The term "utahty" under th~s agreement shall ~nclude pubhcly, privately and cooperatively owned utlht~es Fencing Requirements The Local Governments may either pay the property owner for existing right of way fences based on the value such fences contribute to the part taken and damages for an unfenced condition resulting from the right of way talong, in which case the estimated value of such right of way fences and such damages will be included in the recommended value and the approved value, or the Local Governments may do the fencing on the property owner's remmmng property Where the Local Governments perform right of way fencing as a part of the total right of way consideration, neither the value of existing right of way fences nor damages for an unfenced cond~tion will be included ~n the recommended value or the approved value State participation ~n the Local Governments' cost of constructing right of way fenmng on the property owner's remmnder may be based on either the actual cost of the fencing or on a predetermaned lump sum amount The State w~ll be g~ven credit for any salvaged fencing material and will not participate in any overhead costs of the Local Governments If State participation ~s to be requested on the lump sum bas~s, the State and the Local Governments will reach an agreement prior to the actual accomphshment of the work as to the necesstty, ehg~b~hty and a firm comrmtment as to the cost of the entire fencing work to be performed The foregoing is subject to the provis~on that the lump sum approved cost shall not exceed $20,000, except as specifically approved by the State In the event the cost of the fencing is estimated to exceed $20,000, the transaction will be brought to the attention of the State for deterrmnation of proper handling based upon the circumstances involved 10 Reimbursement The State will reimburse the Local Governments for right of way acquired after the date of this agreement in amount not to exceed ninety (90) percent of the cost of the right of way acqtured in accordance with the terms and provisions of this agreement The State's relmburlement will be in the amount of ninety (90) percent of the State's predeterrmned value of each parcel, or the net cost thereof, wbachever is the lesser amount If condemnation is necessary and title is taken as set forth herein under the section enttfled "Condemnation," the pamclpatlon by the State shall be based on the final judgment, conthtioned upon the State having been notified m writing pnor to the filing of such suit and upon prompt notace being given as to all action taken therein The State shall have the right to become a party to the stat at any tame for all purposes, including the right of appeal at any stage of the proceechngs All other items of cost shall be borne by the State and the Local Governments as provided in other sections of this agreement If a lump sum fencing or utility adjustment agreement has been executed, the State will reimburse the Local Governments in the amount of ninety (90) percent of the predetenmned lump sum cost of the right of way fencing or utility adjustment If the Local Governments prefer not to execute a lump sum agreement for either fencing or utihty adjustments, the State will reimburse on the actual cost of such fencing or adjustments The Local Governments' requests for reimbursement will be supported by a breakdown of the labor, materials and equipment used General It is understood that the terms of this agreement shall apply to new nght of way authonzed and requested by the State which Is needed and not yet dedicated, in use or previously acquired ~n the name of the State or Local Governments for highway, street or road purposes This agreement shall also apply, with regard to any existing right of way, to outstanding property interests not previously acquired and to ehglble utility adjustments not previously made, as authorized and requested by the State It ~s further understood that if unusual circumstances develop in the right of way acquisition which are not clearly covered by the terms of this agreement, such unusual circumstances or problems will be resolved by mutual agreement between the State and the Local Governments 14 Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U S mall, postage prepaid or sent by electronic mall, (electronic notice being pernutted to the extent perrmtted by law but only after a separate written consent of the parties), addressed to such party at the following addresses as noted below for the State and as noted' on the signature page for the Local Governments State Texas Department of Transportation Attention District Engineer 4777 E I-hghway 80 Mesquite, Texas 75150-6643 11 All notices shall be deemed glven on the date so dehvered or so deposited m the mml, unless otherwise prowded hereto Either party may change the above address by sending written not,ce of the change to the other party E~ther party may request in writing that such notaces shall dehvered personally or by certd~ed U S, ma~l and such request shall be honored and carned out by the other party 15. Legal Construction In case one or more of the prows~ons contained ~n th~s agreement shall for any reason be held mvahd, illegal or unenforceable m any respect, such mvahdity, ~llegal~ty or unenforceabd~ty shall not affect any other prows~ons and th~s agreement shall be construed as if ~t d~d not contoan the invalid, ~llegal or unenforceable prowswn 16. Responsibilities of the Parties The Stake and the Local Governments agree that neither party ~s an agent, servant, or employee of the other party and each party agrees it ~s responsible for ~ts individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents 17. Ownership of Documents Upon completaon or ternunat~on of this agreement, all documents prepared by the State shall remmn the property of the State All data prepared under th~s agreement shall be made available to the State w~thout restriction or llrmtat~on on their further use All documents produced or approved or otherwise created by the Local Governments shall be transrmtted to the State m the form of photocopy reproduction on a monthly bas~s as required by the State The originals shall remmn the property of the Local Governments 18 Comphance w~th Laws The part, es shall comply w~th all Federal, State, and Local laws, statutes, orchnances, rules and regulataons, and the orders and decrees of any courts or adn~nlstrat~ve bodies or tribunals ~n any · manner affecting the performance of th~s agreement When required, the Local Governments shall furmsh the State with satisfactory proof of th~s comphance 19 Sole Agreement Th~s agreement constitutes the sole and only agreement between the part,es and supersedes any prior understandings or written or oral agreements respecting the agreement's subject matter 20 Cost Principles In order to be reimbursed w~th federal funds, the parties shall comply w~th the Cost Pnnc~ples established ~n OMB Circular A-87 that specdy that all reimbursed costs are allowable, reasonable and allocable to the Project 12 21. Procurement and Property Management Standards The parttes shall adhere to the procurement standards established ~n T~tle 49 CFR §18 36 and w~th the property management standard estabhshed ~n T~fle 49 CFR § 18 32 22. Inspection of Books and Records The parses to the agreement shall mmntoan all books, documents, papers, accounting records and other documentanon relating to coats recurred under th~s agreement and shall make such materials available to the State, the Local Governments, and, ~f federally funded, the Federal I-hghway Adrmmstrat~on (FHWA), and the U S Office of the Inspector General, or their duly authorized representatives for review and ~nspectlon at ~ts ofhce dunng the contract period and for four, (4) years from the date of completion of work defined under this contract or until any ~mpendmg ht~gatmn, or claims are resolved Addmonally, the State, the Local Governments, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly apphcable to this agreement for the purpose of malang audits, exanunat~ons, excerpts, and transcnptaons 23 OMB Audit Requirements The part~es shall comply w~th the requirements of the Single Audit Act of 1984, P L 98-502, ensunng that the single aucht report includes the coverage stipulated ~n OMB Circular No A-128 through,August 31, 2000 and stipulated m OMB Circular A-133 after August 31, 2000 24. C~vil Rights Compliance The Local Governments shall comply with the regulations of the Department of Transportanon as they, relate to nondiscnrmnanon (49 CFR Chapter 21 and 23 CFR §710405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented m the Department of Labor Regulations (41 CFR Pa~ 60) 25 D~sadvantaged Business Enterprise Program Requirements The part,es shall comply w~th the D~sadvantaged/Mmonty Business Enterprise Program requirements established in 49 CFR Part 26 26 Debarment Certifications The part,es are prohibited from makang any award at any t~er to any party that ~s debarred or suspended or otherwise excluded from or mehg~ble for par~ctpat~on m Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension" The part~es to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its ehg~bfllty to recexve Federal funds and, when requested by the State, to furmsh a copy of the ce~fication in accordance with Title 49 CFR Part 29 (Debarment and Suspension) 13 27. Lobbying Certification /n executing this Master Agreement, the signatories certafy to the best of his or her knowledge and behcf, that a No federal appropriated funds have been prod or will be poad by or on behalf of the parttes to any person for influencing or attemptang to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress m connectaon with the awarding of any federal contract, the making of any federal grant, the makang of any federal loan, the entenng into of any cooperative agreement, and the extension, continuation, renewal, amendment, or mochficat~on of any federal contract, grant, loan, or cooperative agreement b If any funds other than federal appropriated funds have been prod or will be prod to any person for influencing or attemptmg to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Governments shall complete and subrmt the federal Standard Foma- I J J J, "Disclosure Form to Report Lobbying," In accordance with its lnstmcttons c The parties shall require that the language of this cemficatlon be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperattve agreements) and that all subrec~p~ents shall certify and d~sclose accordingly By executing an LPAFA under th~s Master Agreement, the parties reaffirm this lobbying certification w~th respect to the individual projects and reafhrm this certfficatlon of the material representation of facts upon whmh reliance will be made Subnmsslon of this certification is a prerequisite for mal~ng or entenng into th~s transaction imposed by Title 31 U S C §1352 Any person who foals to hie the mqmred cemfication shall be subject to a clwl penalty of not less than $10,000 and not more than $100,000 for each such fmlure 28 Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into th~s agreement on behalf of the party represented 14 IN TESTIMONY HEREOF, the part~es hereto have caused these presents to be executed xn duphcate counterparts THE LOCAL GOVERNMENT: By T~tle ...Mayor Date ATTEST: APPROVED AS TO CONTENT: C~ty Clerk Dxrector of Pubhc Works APPROVED AS TO FORM: Assistant Ctty Attorney NOTICE INFORMATION' Local Government Attention Address THE STATE OF TEXAS Executed for the Executive D~rector and approved for the Texas Transportation Comrmss~on for the purpose and effect of activating and/or carrying out the orders, estabhshed pohc~es or work programs heretofore approved and authorized by the Texas Transportation Comrmssmn By Jenmfer D Soldano, D~rector Contract Services Office Date 15 ~9 20 CSJ XXX-XX-XXXX ProJect Name STATE OF TEXAS § Funding Category STP-MM COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For an STP-Metropohtan Mobility ProJect THIS Local Project Advance Funding Agreement (LPAFA) ns made by and between the State of Texas, actang by and through the Texas Department of Transportation, hereinafter called the "State", and the C~t¥ of Dallas, acting by and through its duly authorized officials, hereinafter called the "Local Government" WlTNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through th~s LPAFA, and, WHEREAS, the Texas Transportation Comnussmn passed IVhnute Order that provides for the development of, and funchng for, the project describe herein, and, t WHEREAS, the Governing Body of the Local Government has approved entenng into tlus LPAFA by resolution or ordinance dated , which is attached hereto and made a part hereof as Attachment A for development of the specific project which Is identified in the location map shown as Attachment B NOW, THEREFORE, ~n consideration of the prermses and of the mutual covenants and agreements of the part, es hereto, to be by them respectively kept and performed as hereinafter set forth, ~t Is agreed as follows AGREEMENT 1 The pemod of this LPAFA is as stated in the Master Agreement, without exception. 2 Ternunatlon of this LPAFA shall be under the conditions as stated in the Master Agreement, w~thout exception. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4 Scope of Work The scope of work for this LPAFA ~s described as 5 Raght of Way and Real Property shall be the responsibility of the Local Government, as stated ~n the Master Agreement, without exception 1 6. Adjhstment of utilities will be provided by the Local Government as reqmred and as stated in the Master Agreement without exception. 7. Environmental Assessment and Mitigation wall be carried out as stated in the Master Agreement, without exception. 8. Compliance with Texas Accesslbthty Standards and ADA will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services will be prowded by the State, as stated in the Master Agreement, without exception. The State is responsible for performance of any required arctutectural or prellrmnary eng~neenng work The Local Government may review and comment on the work as mqmred to accomphsh the pubhc purposes of the Local Government The State will cooperate fully w~th the Local Government in accomplishing these local public purposes to the degree perrmtted by State and Federal law 10. Construehon Responsibdities will be earned out by the State, as stated in the Master Agreement, without exception. 11. Project Malntenance will be undertaken as provided for ~n the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds a ProJect Cost Esttmate A ProJect Cost Estimate is provided in Attachment C b A Source of Funds cremate is also provided ~n Attachment C Attachment C shows the pementage and absolute dollar amount to be contributed to the project by federal, state, and local sources c The Local Government is responsible for all non-federal and non-state funchng, mcluchng all project cost overruns, unless provlded for through amendment of th~s agreement d After execution of th~s LPAFA, but prior to the performance of any work by the State, the Local Government will ferret a check or warrant made payable to the '~Texas Department of Transportataon "m the amount specified m Attachment C as the local contribution for Prelimanary Eng~neenng The Local Government will pay at a rmmmum its funchng share for thru estimated cost of prehrmnary engmeenng as stated in the Local ProJect Soumes and Uses of Funds prowslon of the Master Agreement e S~xty (60) days prior to the date set for receipt of the construction b~ds, the Local Government shall mrmt its remaining financial share for the State's estimated construction oversight and constructaon costs and any others costs owing f In the event the State deterrmnes that additional funding ~s required by the Local Government at any time dunng the development of the ProJect, the State will notify the Local Government ~n writing The Local Government will make payment to the State w~thln thirty (30) days from receipt of the State's written notification 2 13. Incorporation of Master Agreement Provisions This LPAFA incorporates all of the governing prowsions of the Master Advance Funchng Agreement (MAFA) ~n effect on the date of final execution of this LPAFA, unless such MAFA provismn ~s specffically excepted hereto 14. Signatory Warranty The s~gnatones to th~s agreement warrant that each has the authority to enter into th~s agreement on behalf of the party represented IN TESTIMONY HEREOF, the pames hereto have caused these presents to be executed ~n duphcate counterparts THE LOCAL GOVERNMENT By (S~gnature) Title Date THE STATE OF TEXAS Executed for the Executave Director and approved for the Texas Transportation Commass~on for the purpose and effect of acuvaung and/or carrying out the orders, established pohcles or work programs heretofore approved and authorized by the Texas TransportaUon Commasslon By Senmfer D Soldano, D~rector Contract Services Office Date 3 23 ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT APPROVING THIS LPAFA 4 ATTACHMENT B PROJECT LOCATION MAP 25 Agenda It~_m~ Date~- AGENDA INFORMATION SHEET AGENDA DATE June 20, 2000 DEPARTMENT Legal Department CM/DCM/ACM Herbert L Prouty, C~ty Attorney SUBJECT - an ordinance of the City of Denton, Texas, denying TXU Electrlc's request to close, modify, or delete certain retml tariffs pursuant to Substantive Rule 25 241 requesting rews~ons to various fermi rates of TXU for sale of electric service to ~ts customers m the C~ty of Demon, Texas, ordoamng other prov~mons related to the subject matter hereof, and prov~dmg for an effective date ~ - On February 22, 2000 you passed Ordinance No 2000-068 whmh suspended for 90 days TXU Eleetnc's fihng to close, mod]fy or delete eertam retail tariffs effective March 1st of th~s year S~nce that t~me the Pubhc Utlhty Commission of Texas has demed TXU's apphcat~on to change these rates and has ordered TXU electric to sever all competitive energy services from ~ts request and incorporate them into ~ts competlt~VC energy servmes case at the PUC The PUC has also d~smlssed TXU Electnc's compamon apphcat~on at the commission Since the PUC has already ruled on this case and found some of TXU's requests to be contrary to Senate Bill 7, ~t appears that the C~ty should also deny TXU's rate apphcat~on Although ~t ~s doubtful that TXU would ever try to ~nst~tute these rate changes ~n Denton due to the PUC's ruling, ~t would appear to be appropriate for the C~ty to follow the PUC's lead and to also deny th~s rate request ADDITIONAL CONSIDERATIONS AND RECOMMENDATION - The C~ty of Denton appears to have the following options 1 Approve the apphcat~on of TXU Electric to close, modify or delete approximately 27 retml tariffs This would be lncons~stent w~th the PUC ruhngs and ~s not recommended 2 Do nothxng and allow the PUC ruhng to govern the appllcat~on of these rates w~th~n the Cxty of Denton Although no action would probably result ~n TXU not ~nst~tutmg the rates within the C~ty, the better pohcy would be for the C~ty to follow the PUC lead and also deny the rates 3 Pass th~s ordinance denying TXU Electrlc's rate apphcat~on FINANCIAL IMPACT Demal of TXU's rate application w~ll help ensure that TXU's rates will not change w~th~n the City of Denton Respectfully submitted, lferbert L Prouty ~ C~ty Attorney ORDINANCE NO _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DENYING TXU ELECTRIC'S REQUEST TO CLOSE, MODIFY, OR DELETE CERTAIN RETAIL TARIFFS PURSUANT TO SUBSTANTIVE RULE 25 241 REQUESTING REVISIONS TO VARIOUS RETAIL RATES OF TXU FOR SALE OF ELECTRIC SERVICE TO ITS CUSTOMERS IN THE CITY OF DENTON, TEXAS, ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on or about January 25, 2000 TXU Electric filed with the City of Denton its request to close, modify or delete certmn retail tariffs effective March 1, 2000, and WHEREAS, the City of Denton, by Ordmance No 2000-068, suspended the effective date of the proposed rate changes for a period of 90 days to enable the City to review TXU Electnc's apphcat~on and to allow sufficient time for the C~ty to determine how to address the Company's fihng, and to determine the justness, reasonableness, propriety of such rate change, and WHEREAS, the Public Utility Commission of Texas, in Docket No 22051, has ordered TXU Electric to sever all competmve energy services from its request and incorporate them into its competitive energy services case at the Commission, and the Public Utility Commission has also &sm~ssed TXU Electnc's companion apphcatmn at the Comm~ssion, and WHEREAS, it appears to the C~ty Cotmcfl that TXU's Electnc's requests filed with the City should also be denied, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the request of TXU Electric that it be allowed to close, modify, or delete certain retml tariffs in the City of Denton effective March 1, 2000, be in all things denied SECTION 2 That the City Manager is hereby &rected to send a copy of this Ordinance to the local representatives of TXU Electric SECTION 3 That all the declarations and findings contmned in the preamble of this ordinance are made a part hereof and shall be fully effective as a part of the ordinance and subject matter of th~s ordinance SECTION 4 That this ordinance shall become effective tmmedlately upon its passage and approval PASSED AND APPROVED this the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Page 2 of 2 AGENDA INFORMATION SItEET AGENDA DATE: June 20, 2000 DEPARTMENT. City Manager's Office ..a / CM Michael W Jez, City Manager SUBJECT A resolution canceling the regular City Council meeting of July 4, 2000 and July 18, 2000 and the City Council work session of July 11, 2000, and providing for an effective date BACKGROUND The City Council has recommended canceling the regular Council meeting of July 4, 2000 due to thc 4th of July holiday It also recommended canceling the regular Council meeting of July 18, 2000 and the Council work session of July 11, 2000, due to the need for the Council to have some time off from their very heavy work schedule at a time when a number of members o£the City Council and the City staffwdl be on vacatloll Respectfully submitted tl~ty Secretary RESOLUTION NO A RESOLUTION CANCELING THE REGULAR CITY COUNCIL MEETING OF JULY 4, 2000 AND JULY 18, 2000 AND THE CITY COUNCIL WORK SESSION OF JULY 11, 2000, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Section 4 1 of the City Council Rules of Procedure (Ordinance No 94-183) requires that the Council meet at 7 00 p m on the first and third Tuesday of each month, or at any other Umes set by the Council, unless postponed or canceled for valid reasons, and WHEREAS, Section 2 05 of the City Charter requires the City Council to meet no less frequently than once a month, and WHEREAS, the Council desires to cancel the regular Council meeting of July 4, 2000 due to that being a national holiday, and the regular Council meeting of July 18, 2000 and the Council work session of July 11, 2000, due to the need for the Council to have some time off from their very heavy work schedule at a time when a number of members of the City Council and the City staffwlll be on vacation, and WHEREAS, for the reasons indicated above, the City Council deems it in the public interest that the regular Council meetings of the City of Denton, Texas, scheduled for July 4, 2000 and July 18, 2000 and the work session &the City of Denton, Texas scheduled for July 11, 2000, be canceled, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1 That the City Council meetings of July 4, 2000, July 11, 2000, and July 18, 2000 are hereby canceled SECTION 2 That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 AGENDA DATE' June 20, 2000 DEPARTMENT Fiscal and Mun]czpal Services ACM: Kathy DuBose, Assistant City Manager, Fiscal and Municipal Services SUBJECT A resolution nommatmg a member to the Board of Managers of the Denco Area 9-1-1 District, and declaring an effective date BAC~ The Denco Area 9-1-1 District, created m 1987, ~s governed by a board of managers The board ~s appointed by the county, participating c~tles and the Denton County Fire Chiefs Association Board members serve staggered two-year terms and are eligible for reappomtment The Emergency Telephone Number Act states "the board shall manage, control and admtntster the &strtct The board may adopt rules for the operation of the dtstrtct" The Board of Managers ~s comprised of the following ~ndlwduals Board Member Represents Chzef George R (Randy) Corbln, Chairman Denton County Fire Chiefs Assocmt~on Dr Allen Groff, Vice Chairman Denton County Commissioners Court Mayor Olive Stephens, Secretary Participating Crees Mr Harlan Jefferson Participating Crees Mr A1 Brown Denton County Commissioners Court Mr Melvin Wflhs GTE, Adwsory This year, the term of Harlan Jefferson expires on September 30, 2000 (see attached letter) Mr Jefferson has expressed his desire to serve another term ff appointed EST]~MATED SCHEDULE OF PROJECT Nominations are due by July 15, 2000 On July 16, 2000, the d~stnct will send coptes of nominations to each city for eonmderatlon, requesting the city to vote for one of the nominees The Deneo Board of Managers will count the votes from the responding cities The candidate with the most votes will be the mumclpahtles' representative to the Denco Area 9-1-1 District Board of Managers for the two-year term beginning October 1, 2000 Agenda Information Sheet June 20 Page 2 PRIOR ACTION/REVIEW (Council, Boards, Commlsstons) On June 15, 1999 the C~ty Council approved a rcsolutmn to nommate, and on September 7, 1999 a resolutmn voting for Mayor Ohve Stephens for reappomtment to the Board of Managers FISCAL INFORMATION Thru resolutmn has no fiscal ~mpact Respectfully submitted Assistant C~ty Manager, Fiscal and Mumc~pal Services DENCO AREA 9-1-I DISTRICT ~ PO Box 293058, Lewmville, Texas 75029-3058 Phone/TTY 972-221-0911 · FAX 972-420-0709 · Webpage www denco org TO MayorsofCltleslnDentonCounty~ ~'~' ~ [~ ~] ~ ''[[~]j 2~0 FROM Mike Pedlgo, Executive Director ,~ L Jl MAY 6 L DATE May12, 2ooo FINANCE RE Appointment to the Denco Area 9-1-1 D~stnct Board of Managers Chapter 772, Texas Health and Safety Code, provides for the Denco Area 9-1-1 District Board of Managers to have "two members appointed jointly by all the partm~pahng mumc~palitles located in whole or part of the district" The enclosed resolution, approved by the d~stnct's board of managers February 4, 1999, explains the procedure for appointing mumc~paht~es' representative to the board of managers Each year the term of one of the two members appointed by participating munlclpahtles expires This year, the term of Harlan Jefferson expires September 30, 2000 Members are ehg~ble for consecutive terms, and Mr Jefferson has expressed h~s desire to serve another term If appointed In order to coordinate the appointment among 33 participating mumclpal~t~es, the d~stnct requests the following actions by the governing bodies of each c~ty 1 If your c~ty would like to nominate a candidate to represent the mumc~paht~es on the Denco Board of Managers, please send a letter of nom~nabon and/or r~sum6 of the candidate to the Denco Area 9-1-1 D~stnct office by July 15, 2000 No nom~nabons shall be considered after that time 2 On July 16th, the district will send copies of nom~nabons to each c~ty for cons~derabon, requesting the city to vote for one of the nominees 3 The Denco Board of Managers will count the votes from responding c~tles The candidate w~th the most votes will be the mumc~paht~es' representative to the Denco Area 9-1-1 D~strlct Board of Managers for the two-year term beg~nmng October 1, 2000 Please mall nom~nabons and r6sum~s to the Denco Area 9-1-1 D~stnct, P O Box 293058, Lewlswlle, TX 75029-3058 If you have any questions, please do not hesitate to call me at 972-221-0911 Thank you for your support of the Denco Area 9-1-1 D~stnct cc Denco Area 9-1-1 Distnct Board of Managers 1075 Pnnceton Street Lewmwlle, Texas 75067 DENCO AREA 9-'1-1 DISTRICT RESOLUTION DEFINING PROCEDURE FOR APPOINTMENT OF PARTICIPATING MUNICIPALITIES' REPRESENTATIVE TO THE DISTRICT BOARD OF MANAGERS WHEREAS, Chapter 772 Texas Health and Safety Code prowdes for the Denco Area 9-1-1 D~stnct Board of Managers to have "two members appointed jointly by all the part~c~pabng mumc~pal~bes located ~n whole or part of the d~strlct ", and WHEREAS, each member serves a term of two years beg~nmng on October 1't of the year member ~s appointed, and WHEREAS one member representing part~c~pabng mumc~paht~es ~s appointed each year NOW, THEREFORE BE IT RESOLVED BY THE DENCO AREA 9-1-1 DISTRICT BOARD OF MANAGERS The procedure for participating mumclpahtles to appoint a representative to the Denco Area 9-1-1 D~str~ct Board of Managers shall be the following 1 Prior to May 15th of each year the executive d~rec'or shall send a written notice to the mayor of each participating mumclpal*ty adws~ng that nominations are opeq for one of the mumc[pal representabves to the Denco Area 9-1-1 D~stnct Board of Managers unbl July 15~h of that same year The notice shall advise the mayors that for a nomination to be considered written notification of council action must be received at the Denco office prior to 5 00 p m on July 15TM of that year No ncm~nat~ons shall be considered after that t~me 2 On July 16~h of each year the execubve d~rector shall send written notice to the mayor of each part~c=patmg mumc~pahty prowd[ng the slate cf nominees to be considered for appointment to the Denco Area 9-1-1 D~str~ct Board of Managers for the term beginning October 1,~ The notice shall adwse the mayor that the c~ty council shall vote by resolution from such c~ty for one of the nominees Written not,ce of the council s select~on must be received at the d~str[ct office by 5 00 p m on September 15~n No notice wdl be accepted after that t~me 3 The one nominee w~th the most votes received by the deadhne wdl be the mumc~pahty representative appointed for the two-year term beginning October lS~ 4 If there ~s a tie between t~vo candidates w~th the most votes a runoff elect~on wdl be held ~mmed~ately w~th the candidate rece~wng the most votes serving the remainder of the term The recumbent representative shall serve m_that pos~t~o~n_untli replaced APPROVED andADOPTEDonthls4'~dayofFebruary'1~99/%~ /,¢¢¢~ Y,~/,,~' , -C~alrman Board of Managers ' Secretary, Board of Managers \\CH-LGL\VOLl~hared~ept~LOL\Our Do~uments\Resolut|ons~O0\9 l ! nominate member doc RES6LUnON A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT, AND DECLARING AN EFFECTIVE DATE WHEREAS, the term of office of Harlan Jefferson, a member of the Board of Managers of the Denco 9-1-1 Dmmct, will expire on S~ptember 30, 2000, and WHEREAS, Sectaon 772 306(c)(2) of the Health and Safety Code (V A C S ) provides that two voting members of the Board of Managers of an Emergency Commumcat~on Dmmct shall be appointed jointly by participating mummpahtles located m whole or m part m the Dmtnct, and WHEREAS, the C~ty of Denton, Texas wmhes to nominate a member to smd Board, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES SECTION 1. That the City of Denton, Texas hereby nominates as a member to the Board of Managers of the Emergency CommumcaUon Dmmct of Denton County for a two year term to commence October 1, 2000 ~ That tins resolutmn shall become effective unmedtately upon its passage and approval PASSED AND APPROVED fins the __ day of ,2000 EULINE BROCK, MAYOR ATTBST JENNIFER WALTERS, CITY SECRBTARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY AGENDA INFORMATION SHEET AGENDA DATE: June 20, 2000 DEPARTMENT' City Manager's Office ~x.~ CM M~chael W Jez, C~ty ManagerV~' SUBJECT Consider approval of a resolution appointing a member to the Board of D~rectors of the Texas Murat]pal Power Agency, and declaring an effective date BACKGROUND In July 2000, George Hopkms' term as a member o£ the Board of D~rectors of the Texas Mumelpal Power Agency will expire Mr Hopkins has md~cated that he would accept another term if requested by the Council TMPA is requesting a formal resolution appointing the member the Council chooses to fill the vacancy .~ctfully subm~tteO /~nmfer j~alters "C~ty Secretary Serwng the c~t~es oflBryan Denton Garland & Greenwlle April 6, 2000 Mr Mike Jez, City Manaser C~ty of Denton 215 E McKmney Denton, Texas 76201 RE' Board Member Appointment Dear M~ Jez Our records ~ndmate that Mr George Hopkins' term as a Member of the Board of Directors of the Texas Munmlpal Power Agency will expire dunng the month of July 2000. After the C~ty Councd reaches a decision on this matter, please send me a certified resolution specifying the person selected to represent your C~ty on the TMPA board of D~rectors Your cooperation ~s appreciated S~ncerely, Wanda M Callahan Assistant Secretary TMPA Board of Directors cc George Hopkins Sandy Kristoferson BODAPP~LTR q_exa~ Municipal Power Agency P O Box 7000 Bryan, Texas 77805 (409) 873 2013 F \shared\dept~L(JL\Our Documents\Resolut~ons\00\tmpa board doe RESOLUTION NO A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY, AND DECLARING AN EFFECTIVE DATE WHEREAS, the term of office of George Hopkins on the Board of D~rectors of the Texas Mumc~pal Power Agency has expired, NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES S~ECTION 1 That pursuant to the terms and provisions of Ordinance No 75-22 of the C~ty of D~nton, Texas, ~s hereby appointed to a two year term of office on the Board of D~reetors of the Texas Mumc~pal Power Agency, the term of office beg~nmng on July 31, 2000 and ending on Suly 30, 2002 SECTION 2 That thas resolution shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED th~s the __ day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Age~da NO ~ AGENDA INFORMATION SHEET Aoendaltem ~ AGENDA DATE: June 20, 2000 DEPARTMENT: City Manayj')Office CM' Mike Jez ~I~ SUBJECT Consider nom]nat~ons/appmntments to the C~ty's Boards and Commissions BACKGROUND Each City Council Member ~s responsible for making nominations for board and commission places assigned to him or her Ind~wdual C~ty Council Members will make nominations to the full C~ty Council for the Council's approval or disapproval at the next regular scheduled meeting Council Members making nominations for members to the boards and commissions will consider ~nterested persons on a mtyw~de basis The C~ty Council will make an effort to be ~ncluslve of all segments of the community m the board and commission appointment process City Council Members will consider ethmclty, gender, soclo-econom]c levels, and other factors to ensure a diverse representation of Denton clt~zans The C~ty Council wall take into consideration an lnd~wdual's quahficatlons, willingness to serve, and apphcat~on reformation in selecting nommatlons for membership to each board and comrmssmn In an effort to ensure maximum citizen parhcxpatmn, City Council Members will continue the general practice of nominating new cmzens to replace board members who have served three consecutive, full terms on the same board In adthtlon, there ~s a current vacancy on the Public Utlht~es Board Bob Coplen has resigned and in an effort to mmntam a full Board, Council may want to consider a nomination and approve an appointment at thru meeting TI'ns is a nomination for Mayor Pro Tern Beasley Attached is a hst of board and commission members whose terms are expmng this year Counml may want to refer to the Boards/Commissions notebook to determine whether or not a member wishes to be reappointed Respectfully submitted J ~tylfer Walters Secretary BOARDS/COMMISSION NOMINATIONS AIRPORT ADVISORY BOAR! Dlst Current Member Nomination Term Council 7 Terry Garland 1998-00 Brock 3 Ann Houston 1998-00 Cochran 4 Joe Kov 1998-00 Knsto£erson 5 Ronald Keaton 1998-00 Beasle¥ ,L SHELTER ADVISOI ,Y BOARD Dlst Current Member Nomination Term Council 2 Joella Orr 1998-00 DmTance 5 Lisa Zottarelll 1998-00 Beasley 6 Hamer Aronson 1998-00 Burroughs ~ARD OF ADJUSTMENT Dlst Current Member Nomination Term Council 5 Bob Manmng 1998-00 Beasley 2 Robyn Mullendore 1998-00 Durrance iUNITY DEVELOPME~ r ADVISORY COMMITTEE Dlst Current Member Nomination Term Council 5 Lisa Hlnojosa 1998-00 Beasley 6 Barbara Stmnett 1998-00 Burroughs 3 Sondra Ferstl 1998-00 Cochran 5 Ann Hatch 1998-00 Beasley ~NSTRUCTION ADVISOR' t' & APPEALS BOARD Dlst Speciality Current Member Nomination Term Council 2 Associated with Henry Rife 1999-01 Durrance construction, development or real estate 4 Arclutect or Engineer Alan Nelson 1999-00 Knstoferson DENTt )N HOUSING AUTHORITY Seat Current Member Nomination Term 7 Ray Bej arano 1998-00 Brock 7 Bob Crouch 1998-00 Brock _ ..... .)RIC LANDMARK COI~_MISSION Dlst Current Member Nomination Term Council 3 Mark Sandel 1998-00 Cochran 7 Peggy Norton 1998-00 Brock 2 Jim garkpatnck 1998-00 Durrance ...... .N SERVICES ADVISO] .Y COMMITTEE Dlst Current Member Nomination Term Council 6 Ten Rheault 1998-00 Burroughs 7 Caro! Brantley 1998-00 Brock 2 Bettye Myers 1998-00 Durrance 4 WaJ10ee Duvall 1998-00 Knstoferson ....._. DENTON BEAUTIFUL ]OARD Dlst Current Member Nomination Term Council 1 Cathenne Bell 1998-00 Youn~ 2 Lee Hlpple 1998-00 Durrance 6 Jean Greenlaw 1998-00 Burroughs 7 Jean H~no~osa 1998-00 Brock 3 Julle Scb~mhem 1998-00 Cochran 4 Vacant 1998-00 Knstoferson ..... AtY BOARD Dmt Current Member Nomination Term Council 7 Teresa Starrett 1998-00 Brock 3 Eva Cadwallader 1998-00 Cochran 4 F, ma Ruth Russell 1998-00 Knstoferson 2 PARI~ AND RECREATION BOARD Dmt Current Member Nomination Term Councal 3 Dale Yeatts 1998-00 Cochran 2 Brandon Banes 1998-00 Durrance 4 Brenda Ph~lhns 1998-00 ICnstoferson i/lNG AND ZONING C( ~IMISSION Dmt Current Member Nomanat~on Term Councal 3 Sal _ty Pashel 1998-00 Cochran 5 Jam Engelbrecht 1998-00 Beasley 6 Perry McNe~ll 1998-00 Burroughs P~BLIC UTILITIES BOARD D~st Current Member Nomxnat~on Term Councd Ball Cnese 1996-00 Cochran TMPA BOARD OF DIRECTORS Seat Current Member Nomination Term 0, George Hopkins 1998-00 ALL _ ~__ _~C SAFETY COMMISf ION Dmt Current Member Nomination Term Council 6 Greg Sawko 1998-00 Burroughs 1 Fred Hall 1998-00 Young 2 Barry Walters 1998-00 Durrance 3 Sllvla Lesko 1998-00 Cochran 4 Larry Luce 1998-00 Knstoferson 3 0i~ 16/ig94 l? §? 9?2364909§ ABT EXEO SUITES PAGE Advanced Business Technology, Inc. FAX COWER SHEET FROM: COMPANY: 81/16/1994 17.57 9723~49095 ABT EXEC SUITES PAGE 82 J~ 16, 2000 which I ~By und~ :t was ~ested m me that p~e ~ you begin your ~ew for the ~v~ ~ ~ ~on the follo~g pmnts t~ ~om ~ d~y m ~s ~ ~ ~ ~ follows 14, ~ ofz~ ~81d~ts" q~ ~d I~tmn of ~ture ~pulat~on, ~d the 12311 MARBROOK DALLAS, TX 75230 (972) 701-8163 FAX (972) ?01-9605 01/16/1994 17 §7 972364909§ ABT E×EC SUITES PAGE 03 The ~ ~ o~ ~ ~ p~ ~ld ~ ~ ~1o~ ~1 ~ oFpeople ~ ~~ ~ ~ n~ o~h~.m~6 ~s, ~ ~d pn~s The houmn8 ~ ~ ~ ~ ~~s ~d ~no~c stm~ of~e ~umty" ~ ~ ~ U~ ~ 27, ~1 m ~~ ~ ~ ~or m~s" ~~ ~ is ~le for low- ~d mod~at~m~me hou~holds ~s ~ ~ ~ ~ m ~ t~ ~s ~om ~e Compmh~ Plan I wdl do ~ ~ ~ ~u~ Is ~ ~ u~ of th~s pmmul~ p~e o~ i~d for MI Si~ely, Tommy KJme PUBLIC UTILITY COMMISSION OF TEXAS Project No. 21083 Cost Unbundhng and Separatton of Bustness Acttvlt~es. tncludtng Separatton of Compettttve Energy Servtce$ and Dtstrtbuted Generatton UNBUNDLED COST OF SERVICE RATE FILING PACKAGE (UCOS-RFP) DECEMBER 16, 1999 TABLE OF CONTENTS GENERAL INSTRUCTIONS .................... 6 DEFINITION OF TERMS AND ACRONYMS .................. 11 SECTION I. SUMI~RY ......................................... ____ ................. --~ .......................... 12 I-A Cosl ofServ,ce Sun~ (See Al~ached Fo~n) i2 I.A-I Toial, Cost of Sorv~c~ by Function - Historic Year (Se~ A~hed Form) 12 I-A-2 To~al Cosl of Sorv~ce for Regula~d FuncUonz - Forecast Year (S~ At~ched FOrm) 12 SECTION II: HI~ORIC YEAR DATA ............................................ 13 Schedule B: Rate Base==--- . ........................... 13 H-B Ram Ba~ by Funcuon (See Al~ached Form) 13 H-B-I On~nal CostofUul,tyPlant 13 H-B-20enemui Plant Funcuonahzauon 13 H-B-3 Commumeauon Equipment. 13 H-B-4 Unbundled Construction Work m Progre~ 14 II-B-5 Unbundled Accumulated Deprecia~,on 14 H-B-6 Unbundl~i Plnnt Held for Future U~e 14 II-B-7 Unbundled A~u!,_!~ Provmon Balance~ 14 II.B.8 Materials and Supplie~ 14 H-B-9 CashlWodung Capital 14 H-B-lO Pre{myments 15 H-B-II Othe~ Rate Bu~ Items 15 H-B-12 Regulatory Assets (~ee Attached Form) 15 ,~edule C: Rat~ Of R~urn .............................. 16 II-C Rata ul~ Return Caloulaflon 16 Schedule D: O~ration & Maintenance Expenses H-D-I O&M Expens~ 17 H-D-2 A&O Expenses 17 H-D-3 Payroll Expens~ Dt~rtbuUon , 17 H-D-4 SummaryofExelusions fromReporUngPenod (See AttachedFonn) 17 H-D-5 Summary of System Ben~fit Fund related expenses . 17 Schedule E: O{h~r ltem~ ........................ H-E-I De.p~,~lation ~ 18 H-E-2 Taxe~ O~he~ Than Fed_ _ __,c~nl Xncome Taxes ....... 18 II-E-3 Federal lueome Taxe~ ................... 18 H-E-4. O~her Exl~se~ .................................................... ... '. ....... H-F' Nun~iotknHzatio~ F =i,~, ................. 20 ~hedul~ G:-I~I mhd l'urdmsed Power Information H-O-I, lmu~l Burnmd and purchased Powe~ by A~:ount Number 23 H-O-2 NueJ Burned by Typ~ and Pu~hued Powr .. ,23 H-O-3 Nour~.um~ l~Uml aud Pordmed Powe~ Expeuses 23 Schedule H: Nudear Plsat D~o-,,,,u~o-,,,g. II-H-l. Nuc{~u' Plant Deaomm{ms~ouin{ lnfommalion 24 H-H.2 Decommissioning Funding Plan (See a~mched S~hedu~ I: Histori~ y~r B!,p,,g l~rmlaaa~ ............................... H-I-I Summm~ ofl-hstonc Year Adjus~nen~s 26 B-I-2 lviode} Analyms Requiem H-I-3 Customer Adjusuueu,- .... 28 2 II-I-4 Rcvcnuc Impacts of AcIjusUncnts II-[-5 Wea~hcr Dats 28 Schedule ll-J __ 29 - Cl fSc II$-I ass Cost o rvl a sis ................. 30 II-J-2 Class Allocation Factors 30 3O II-J-3 Functionalw.~d Cosa-ofScrv~c¢ Analysis (Non-ERCOT members) 30 SECTION III FORECAST YEAR DATA Schedule B' Rate Base,. , ............. ~ HI-B Rate Base by F ............. HI-B-I OnDnal Cost of Utihty Plant 31 III-B-2 General Plant Func~onahzation 31 III~B-3 Communication Eqtupmcna 31 ITl-B-4 Unbundled Conslrucuon Work in Progress 31 HI-B-$ Unbundled Accumula~d Depreciation 32 HI-B-6 Unbundl~d Plant Held for Futura Use 32 III-B-7 Unbundl~l Accumul~!~ Provmon Balances 32 HI-B-8 Ma~nals and Supphes 32 HI~B-9 Cash Working Capaml 32 HI-B-10 Prepayments 33 III-B-11 Oth"r Rate Base Items 33 ~I-B-12 Ragula~ory Assets 33 Seh~dule C: Ra~e Of Return. 33 f l~lurn Cai ' "' III-C Ra~ o cula~on ' ,, Se. hedule D: Op~ra~toa & Malal~aance Exl~aSes ....... · .. · 34 m-D-I O&M Expenses ...... , .... I~-D-2 A&G F..xp~m~s 35 Sch~lui~ E. Other lt~r~ 35 mE I l:~a~aUonExpe 'me .......... "' lrff-E-2 Taxes Other Than Federal Income Taxes · · · 36 HI-E-3 Fed~allncome Taxes - · 36 HI-E-4 Other Expenses 36 HI-E.$ Offer Revenue l~ms (cmd~0 36 IH-I-I Summa~ ofFomc, ast Y~ar Adjusm~e. nrs ...... 38 Ill-I-2 Fomcas~ Y~ar Sales and l~mand Forecast ..... 38 Iii-I-3 Wealher Data ........ 39 ITl-I-4 Fomcas~ Year Forecast Models - · - 40 rlI-I $ Economic and D~nograplu¢ Data ..................... 40 Se.h~dule J: Class C. ast of ~ervl~ ......................... 42 IH-S-I Class Cost of ,~:~nc~ Analys~s ~I~I-2. Class Allocation Factors ..................... ~:i~'=-' ............. 43 Y~ar ~on-ERCOT only) -~.~* '~ .,~,o.~u.~ ~. s r~,~,._~onl~lonal Coat of ~ for Fora:asr - 43 lllJ-$ t~ms Allocauon Factors - Transnussmn ~c~ (Non-I~C'OT only) . 43 SECTION IV: ERCOT WHOLESALE TRANSMISSION CObOl, OF IgERVIClg ('rco~ - , .......... 44 IV.A. Summary of Wholesale Trsnsrmssaon Cost of Se~lce (TC"OS) - Pome, asr Year (,~m A~ta~h~ Form) 44 TCO$- Historic Year == of Tmal Cost of Senac.~ by b 'o .... ' .......... 44 IV-A-I Summary unct~ n-lZastortcYear IV- B Unbundlmg of Rate Bas~ by FuncUon - I-hstonc Year (Se~ Al~a~hed r~rm) 44 IV-B-I Unbundled Original CostofPlan-I&ston¢ Year IV-B-2 Unbundled General Plant - H~stonc Year 45 ~ 45 IV-B-3 Unbundl~d Commumcation Eqmpnmnt - Paston¢ Year 45 IV-B-4 Unbundled ConslrucUon Work In Progress - Historic Year 45 IV-B-5 Unbundled Accumulated Deprec~anon - H~stonc Year 45 IV-B-6 Unbundled Plant for Future Use - Historic Year 45 IV-B-'/ Unbundled Accumulated Prov~sson Balances - H~stor~c Year 45 IV-B-8 Unbundled Materials and Supply - H~stonc Year 45 IV-B-9 Unb,undled Cash Worlung Capital - Historic Year IV-B-10 Unbundled Prepayments - Hls~onc Year 45 IV-B- 11 Unbandl~:l Other Ra~,. Base Items - Historic Year 45 IV-B-12 Unbtmdled Re~,ulatory Assets - H~stenc Year 45 IV-C Rate of Return - H~stonc Year 45 IV-D-I Unbundled O&M Expenses - Hsstenn Year 46 IV-D-2 Unbundled A&G Expenses - H~ston¢ Year 46 IV-D-3 Unbundled Payroll Expenses - H~stonc Year 46 IV-D-4 Summary of Exclustom from the Repomng Pcrtod- H~stonc Year 46 IV-E-I Unbuadlod Dcpreaanon Expense - H~stonc Year 46 IV-E-2 Unbtmdl~l Taxes Oth~ than Income Tsxes - l-hstonc Year 46 IV-E-3 Unbundled Fm~:ral Income Taxes - lttstofl¢ Year 46 IV-E-4 Unblmdlod Other F, xpeese~ - l'hston¢ Year 46 IV-E-$ Unbundled Revenue Credits - l-hstonc Year 46 TCOS - Forec~t Yanr ...................................... __ 48 IV-A-2 Summary of Wholesale Transrmsston Cost of Service (TCOS) - Forccest Year (See Attached Form) 48 IV-B(0 Summary of Whole, de Tranmusston Ra~ Base - Forecast Y~u' (See AUach~d Form) 48 IV-B(t)-I On~rud CcetofTransm~sionPlant-Fore,,.~st Year 48 IV-B(t)-2 O~mmd Plant Funcuomd~zed to Trmum~iselon - Forecast Year 48 IV-B(f)*.3 Commumceuon F, qmpment Funcuonaliz~d to Tnmsmisstoa - Forgcest ycer 48 IV-B(f)-4 COnStrucUon Work tn Prosress Fun~onal~T~d to Tnmsnusslon - Forecast Year 48 IV-B(t)-$ An, cumulated Depres,~tton Functtonalized to Tnu;_~,m!~_*son - Fora:asr ycer ,18 IV-B(t)-6 Plant for Futur~ Use Funcuonallzed to Trans~!t*!on - Forecast Year 48 IV-B(t)-7 Accumulalgd Provtsion Bahmces Funclior~!~-,,,~ to Tnu~m~son- Forecut Year. N 49 IV-B(t~-8 Martials and Supply Funcuonalrsed to Transmission - Forecast Year... 49 IV-B(f)-9 Cash Working Capiud FuncUo~!~,_-~ to Trmtsmismon - Foreses~ Year - - 49 IV-B(f)-IO- Pr~ayments Funcl~oml~,ed to T~on - Forecast Year 49 IV-B(O-I 10~h~r Rate B~se Items Ftmctmmdlzgd to Transsmselon - Forecast Year 49 IV-B(t)-I2 Regul&tory .~*_sets Functtoanlized to Transnussion -Forecast Year 49 IV-C(0 Ra~ ofRelum Odculation- Forec~ Year 49 IV-D(t)- 1 Whole~de Transmit*ton O&M Expenses - Forocast Year 49 IV-D(t)-2 A&O Expense Functionalm~d to 'rransmisston - For~,,ut Yesr 49 IV-F,(O- 1 Wholesale Transmission Deprcci~Uon I~ - Forgcast Year ..... · · .... 49 IV-F,(t)-2 Tttxes Other tlum Incom~ Taxes Fonctiop~h,,.a to Trananasmoa _ iRxecest yesr ......... $0 IV-E(t)-3 Federal Iaceme Taxes Functtonallzed to Transmiseioa - poreces~ ycer ................ $0 IV-H(t~4 Other Expmms Fonctio~!!-~ to T~,~n .~Fommt yes~ IV'L Pcek Dmmnd Data for Jane, JulY, August & S~ptemb~ - FO~-~t Yce~ $0 SEc:F/ON V: RATI~ D~SIGN- , ................... - Sdml~k M: P.,~t~ 1~ ............. . V-M-I Ra,nmu~ Su~m*__ry .. 51 V-M-2 Proposal Charges for DIsa~Uonary Serwces and Other S~rwces :51 V-M-:~ Rate Class Deflmuon .. V-M4 Load Research Data 51 V-M-5 3ust~ficauon for Coesumpuon Level-Based Rates 52 V-M-6 Proof of Revance Ststement 52 V-M-7 Rate Destsn Analym Dats 53 SECTION VI' AlqqLIATE DATA- , ........................... ~_ 54 4 General Instructions for Affiflate ~chedule~ Schedule N Affiliate DaL~ ~ · VI N IA VI N-lB VI-N-2A 54 VI-N-2B 54 VI-N-3A 54 VI-N-3B 55 VI-N-4A 55 VI-N-4B 55 VI-N-5A 55 VI-N-SB 55 VI-N-6A 55 VI-N-6B 55 VI-N-7A 55 VI-N-7B 55 VI-N-8 55 VI-N-gA 56 VI-N-9B 56 VI-N-10A 56 VI-N- 10B 56 VI-N-II .... 56 VI-N-12 56 Gulling Prindples- ~ ..... 56 SI~CrlON VII: OTHER SCI~:nULES__. Schedule O: Con~eflflve ErieS, Seevk~-- se luk e. .... , .... ( Trm~ ~,m ~ Dktribution SEOi'ION WIU: STRANDED COST li,~-rmlATION ..... , Se.l~ule ~: ~uu~lemlou ef ECOM= .... , , B Deta to b~ Provided In file Model 61 I O~NCOST~ -. 62 B ALLOCI ...... 62 (2 ALLOC2 ....... 65 D SA~-q . 65 E. ALLOC3 " "- -- 65 Schedul VIII-Q-I Results from the ECOM Mod I -- 66 Schedul: VI~-Q-2 Format ............................... 66 SECTION IX~ CON~ENTIALITY SAMPLE FORM~ I GENERAL INSTRUCTIONS 2 3 The following ~nstruct~ons are apphcable to all schedules reqmred in the Unbundled Cost 4 of Service Rate Fd~ng Package (UCOS-RFP), unless otherwise noted S I Unless otberw~se mthcated, the lnfonnauon required In th~s filing will be taken from the 6 accounts and records prescribed In the Federal Energy Regulatory Comrmss,on (FERC) 7 chart of accounts All mentaons of the term "FERC account" refer to the FERC chart of 8 accounts, 9 2 Definitions. For the filing of the UCOS-RFP, the following terms have the following to meaning. 11 a Historic Year - For compames reqmred to make a cost separation fihng on or 12 before April I, 2000, the I-hstonc Year shall be the twelve month period ended 13 September 30, 1999 For those compames filing after April 1, 2000, the I-listonc 14 Year shall be a twelve-month penod deemed reasonable by the Comnuss~on t5 b Forecast Year - For companies reqmred to make a cost separation fihng on or 16 befol'~ April 1, 2000, the Forecast Year shall be the projected twelve month penod 17 ended December 31, 2002 For those compames filing after April 1, 2000, the 18 Forecast Year shall be a twelve-month penod deemed reasonable by the 19 Comnllsslon ~ c Regulated funcuons - refers to funcuons regulated by the Public Utfltty '1 Comnuss~on of Texas For all utilities, the following are regulated functions 22 DIST, MET, TD-BII.!.; A-BIi.I.. and TI)CS For all members of the Electric ~3 Reliability Council of Texas (ERCOT) the TRAN funcuon ~s also a regulated ~ d Competitave funcUons - refers to those functions that wall cease to be regulated by '6 the Conumsslon on Sanuary 1, 2002 For all uuhues, the GEN, CE.S, and OTH 7 funciions are competitive 2s e TCOS - refers to wholesale transnnssion cost of service w~thln EPCOT 9 3. For the ~fihng of the UCOS-RFP, the information reported shall be based on the Historic 30 Year. The tmlity shall use this Historic Year as the bas~s from wluch to forecast its coat ! of service and rate base for tho,,Forecast Year. The utihty shall proJect unbundled 2 Forecast ~ar, costs~and biHing~det~minants for each regulated function (TRAN, .DIST, 33 MET, TD-Bn'.lr ~; A-BII.I. (tf applicable), and TI)CS (if apphcable)) All rate base ttems ¢ for the Forecast Year shall be reflected at their Forecast Year-end amounts For the .$ Forecast Year, all cost of seooce ttems such as deprectation expense, operations and 36 mmntenance expense, taxes and return shall be based on forecasted amounts. Detailed ~ supporting documenteUon shall be provided for all forecast adjustments ! 4 For the I-hstonc Year, costs shall be unbundled ~nto the following rune functions, as 2 defined Jn P U C SUBST R 25 344 (relating to Cost Separation Proceechngs) 3 a Generation (GEN) 4 b Transnuss~on (TRAN) 5 c D,stnbuuon (DIST) 6 d Transnussion and Distribution Utility Metenng System Servwes (MET) 7 e Transvmssion and D~stnbut~on UOhty Billing System Services CrD-BII.! .) 8 f Adchtional Billing Servwes (A-BII.I .) 9 g Transnusmon and D~smbution Utility Customer Servwe (TDCS) l0 h Compeuuve Energy Serv,ce (CF, S) I l I Other Unregulated Semces (OTH} 12 13 All references m these mstrueUons to "the rune functions" shall mean the rune funeUons ~4 described m this paragraph (General hstrueuon No 4), and the term 'Yuncuonahze" shall 15 mean the separaUon of costs into these rune funeuons Of these functions, the slx 16 transnusslon- and distribution-related funcUons (TRAN, DIST, MET, TD-Bn.T.. A-BIL! .. 17 and TDCS) will be projected for the Forecast Year, All references In these lnstxucfions to 18 "the six transnusmon and chstnbution functions" shall mean the six functions hsted m the 19 prevlous sentence 20 5 Each non-ERCOT utihty shall provide a copy of its FERC fihng for an unbundled 21 ~ trarlsmlsslon rate for apphcation in Texas for the Forecast Year Schedules H-J-3, II-J-3, 22 III-J4, and m-J-5 are only apphcable to the non-ERCOT utihtles 23 6 Numbering of Schedules. Schedules shall be referenced by schedule number and name 24 as indicated m each mstmctton and shall identify the w~tness sponsoring the schedule 25 Schedules whwh are not applicable shall be so designated and include an explanation of 26 why it Is not applicable 27 7 Schedules which require mformataon by FERC account shall be in accordance w~th the 28 following ~nstmctions 29 Colunm (1) lnform~on as reponecl on the utihty's financial statements 3o Column (2) the adjustment necessary to remove non-regulated or non.deetnc amount 31 from column (1) and ttem~ prolubtttnl by statute or Commm~onn-ulo 32 Column(3). the electncmform~-on only(coL(l~:ol.(2)). an Column ~5}. ~)n~ FERC a,~count to another 35 Colfim'"~'(6) AllooaUon of the total in column (5) to Texas 36 Column (7) Allocation of colum~ (6) to OBN funeUon 37 Column (8) Allocation of column~ (6) to 'IRAN funeuon 38 Column (9) Allocation of column (6) to DIST funcUon ~9 Column (10) Allocation of column (6) to MET funcuou 40 Column (ll) Allocation of column (6) to TD-Bll .I. function 41 Column (12) Allocauon of column (6) to A-BII.I. function 42 Column (13) AllocaUon of column (6) to TDCS funcuon 43 Column (14) Allocation of column (6) to CES function 7 t Column(IS) AIIocauon of column (6) to OTH funcuon 2 Note i The utility shall provide workpapers which detail the amounts transferred from one 3 FERC account to another as a result of any changes ~n FERC accounting Instrucuons ~ Sugpomng ealculauons and the basis for each tnmsferred item shall also be ~ncluded $ in these workpapers 6 Note 2 The uuhty shall provide workpapers which demi the allocations of column (6) to ? columns (7) through (15). These workpapers shall contmn all suppomng calculaUons 8 and the basis for such allocauons 9 Note 3 Utfiitias shall provide workpapers which detail the affiliated items included and 1o support the allocauon methods used to denve the amounts included 11 Note 4-These schedules attempt to provide a complete hsUng of accounts. However, if the 12 utility has accounts on its books not included in the schedule hsung, those accounts ia shall be added. 14 Note 5 Items reported in these schedules shall be developed consistent with the mstrcuuons 15 for the same items applicable elsewhen~ m the UCOS-RFP 16 8 Reclassiflcat~ous between FlOC accounts shall be allowed consistent vnth Cormmsslon ~7 rule Reclassifications shall be documented in the appwpnate schedules and amounts s assigned to the nine funcuons as appropriate. Reclassified costs shall not be mmsferred 19 from one account to another Transfers shall only be used to make accounting 20 adjustments~ln accordance with FERC accounting mstmcuons 21 9 Adjusllltents to I-hstonc Year balances shall be made for the removal of items uot allowed 22 to be included in the utihty's cost of seoace by statute or Cornnuss~on rule. Ad&t~onelly, 23 adjustn~nts shall be made to the Htstonc Year to remove nonrecuning costs and 24 normaliz~ extraordinary e, xp~nditu~ Workpapcrs detmhng and explmmng thc 25 adjustmonts marlo shall be provided. 26 10. Functi0~8!l~,~tlon. Costs (or rovonuas, wbere appropriate) shall bo assigned to the rune 27 funeaons tmngttbe,following ~v-fl~lnoce.~ No oommoil*co~t~lsl~ be I~.gned to ZS regulatodffunedon~ffoF-defiuilt~f tbe~utihiy'c~. ,ot meet its, burdmi~of proof, the costs m ~o a. ~ , ~Fo~eaoh~Fl~R~ acoount,.costs shall be chrectly assigned to functions to the extent 31 ipossible,-4md sll t~levant wo~papets prosuded, :~2 b Thc utthty shall provide detailed woflcpapers documenting the nature of any costs ~3 Ithat cannot be &recfly assigned. For adequately documented costs, the uUhty may ~ .denvo an sccount-spedfic functionahzauon factor based on the chrectly assigned 35 costs or appropriate cost-causauon pnncuples The utility must ~ust~fy the 36 assignment of common costs to regulated functions, and must present evidence to '7 ~support any such assignment. I c If adequately documented costs remain for wMch d~rect assignment or account- 2 specific funct~onahzatlon cannot be Identified, the appropriate functlonahzat~on 3 factor prescribed In Schedule F may be used These funet~onalizatlon factors 4 shall only be used as a last resort If a utility deems a functlonallzat~on factor 5 other than the factors prescribed In Schedule F to be necessary, the unhty shall 6 provide a detmled justfficatton for the chosen funcuonahzat~on factor 7 8 11 Workpapers. Concurrently with the filing of 11 copies of the UCOS-RFP, the uuhty 9 must also separately file with the Comrmssion 11 complete sets of workpapers used m the I0 preparatton of certmn schedules, subject to the provisions of ~eneral Instructaon No 14 11 dealing w~th volununous workpapers The utahty shall also concurrently file I 1 coptes of 12 ItS enure d~rect case, including all testtmony and exhibttS In addmon one (1) complete 13 set of the same UCOS-RFP, testimony, exhibitS and workpapers shall be dehvered to the 14 Office of Public Counsel on the date of filing Upon request by any person moving to 15 tntervene (which request may be made pnor to any anticipated rate filing), on the date of 16 filing the uUhty will furnish to such person one (1) complete set of the same UCOS-RFP, 17 teaUmony, exlubltS and workpapers filed w~th the Comrm~lon 18 a. Worlmaner refereneml format The workpaper reference shall alwaya beg~n with 10 the characters "WP/" followed by the schedule to which the workpaper refers 20 Specific workpapers shall then be referenced by ascending numbers. The 21 resultmg senes of workpapers shall have a pyram_~d structure, w~th the top 22 workpapor (the workpaper with the least complicated reference, for example 23 WP/A-I) being the workpaper winch drectly reflects the amountS shown on a 24 pamcular schedule (in flus case, Schedule A-l). The next level down the pyrarmd 25 (using the A-I series, flus would be WP/A-l/I) would contmn information winch 26 exphuns a pomon of the top workpaper 0n this case, WP/A-l). Bach successive 27 level down the pyrarmd would expltun something from the next Inghor level. 28 b ~ All assumptions, calculaUona, sources, and data suppomng 29 allocataon or funct~onalmat~on of the H~stonc Year expense~ and/or balances as 30 well as the Forecast Year expenses and/or balances shall be Included m the 31 workpaper suppomng each schedule 32 adjustment shall be Suppomng documontatmn for each forecast included tn suffic~cnt~ detlul, to allow ~pa~es,~to repheat~ the 33 adjustment. In addmon, specffic num~iuch ~tle~,botweenstbe~scheduleimd 34 the workpaper muat.be~tefeameed~on~both~the~nvorkpat~a, nmd~the schedule. For 35 those companies electing depr~:m~on shifhng, wor~ shall be provided 37 datmhng all journal entries proposed by the utthty to record the depret~a0on sluft from the beginning of the first period of d~a'eciat~on shift through the end of the 38 Forecast Year. 39 c Workpapor locat, on All workpapers not considered volununous (See Oeneral 40 Instruction No 14, below) shall be organized and appear tn the same order as the 41 schedules they support 42 12 Electronic flle~. To the maximum extent possible, the UCOS-RFP, including testimony 43 and schedules, shall be also provtded to all part~clpantS in an electronic format (e g, 44 chskette, CD ROM, or via electromc mini) on the date of filing Any numencal data 9 provided electronically shall be m Microsoft Excel (preferred), Lotus Symphony, Lotus 1- ~ 2-3, or ASCII format on MS-DOS formatted computer chskette or CD ROM 3 13 Confidentiality. If the utility clmms that requested information Is confidential, a 4 statement to that effect shall be included in the filing package in the schedule where the $ ~nformauon is requested All mformauon requested In the schedule for which the utthty 6 does not claim confidentiality shall be Included in the filing package schedule The uuhty 7 shall tnclude as part of Section IX a signed statement by tis attorney that presents, for S each schedule for whtch the uuhty claims that the requested mformauon Is comfidenUal, 9 the clmmed reasons that the mformat~on should be treated as confidenual and that states 10 that the attorney has rewewed the reformation suffic:ently to state m good faith that the 11 lnformaUon ts confidential 12 UnUl a protective order ts issued, the uuhty shall provide the Conmuss~on's Office of 13 Regulatory Affalre (ORA) or a party granted tntervenor status the mformat~on claimed to 14 be confidential if the party agrees to be bound by the draft pwtecuve order contained tn 15 Schedule IX as tf It had been issued Use of the draft pwtecuvc order contmned tn 16 Schedule IX as a confidentlahty agreement pending tssuance of a protective order does 17 not preclude ~ssuance of a protective order that chffer~ from the draft protecuve order 18 contmned In Schedule IX 19 14 Volvmlnous material For any tndlvtdual schedule or supporting workpaper that , constst~ of I00 or more pages and la not available electromcally, the uultty may designate 21 such reformation as volunanous. All voluminous material shall be made avmlable tn a 22 designated location in Austin on the date of fihng If the volume of the data meets the 23 threshold for the "freight car doetnne" [etght (8) hnear feet of document], the requested 2~ matenal shall bo made available at Its normal reposttory on the date of fihng The uuhty 25 shall provide a schedule detmhng all normal repositories and cross-reference all UCOS- 26 RFP schedules to the tnformatton e, ontmned In those reposttones For thc purpose of 27 Oeneral Instruction No 14, each subpart of each section ts a separate schedule (e g, 28 Schedule A-I, B-l, C-l. etc, are all separate schedules) The utlltty shall dehvcr a hard 29 copy of all volurmnous materials not subject to the "freight car doctnne" to both the 30 Conum~lon's Office of Regulatory A/fans Legal Division and the Office of Pubhc 31 Utlhty Counsel on the day of fihng the UCOS-RFP apphcatlon 32 15 Cortmn ~hedule Uties are followed by "(see attached form)" Where such a notauon 33 appeang the format for the schedule la provldad and ~s to bo followed lO ~ DEFINITION OF TERMS AND ACRONYMS 2 3 A&G Adrmmstrat~ve & General 4 ADIT Accumulated Deferred Income Tax 5 CWIP Constructaon Work In Progress 6 EPHFU Electric Plant Held For Future Use 7 ERCOT Electric Rehabfi~ty Council of Texas 0 8 DSM Demand Side Management 9 FAS Fxnancml Accounung Standards lO FERC Federal Energy Regulatory Comrmssxon 1 ! FIT Federal Income Tax 12 ~ Full-Time Employee ~3 IOU Investor Owned Uuhty 14 M & S Materials & Supphes ~5 O & M OpersUons & Mmntenance 16 OPC Office of Pubhc Uuhty Counsel 17 ORA Offige of Regulatory Aft'mrs 18 PUC/PUCT Pubhc Uuhty Comrmss~on of Texas 19 PURA Public Utility Regulatory Act 20 ROR Rate of Return 21 SAIDI System Average InterrupUon Duration Index 22 SAIFI System Average Interruption Frequency Index 23 TCOS Trsnsnuss~on Cost of Sennce 24 UCOS-RFP Unbundled Cost of Service Rate Ffimg Package 25 UCOS Unbundled Cost of Sennce 11 I SECTION I: 2 SUMMARY 3 I-A: Cost of Service Summary (See Attached Form) 4 This schedule shall summanze the utihty's costs used for the detenmnauon of the non- 5 bypassable delivery charges, which shall be the sum of 1) the Forecast Year Total Unbundhng 6 Cost of Service by Funcuon from Schedule I-A-2, 2) the Forecast Year nuclear deconumsslomng 7 from Schedule H-2, if applicable, 3) a System Benefit Fee (subject to PURA Secuon 39 903(b)), 8 and 4) an expected Compeution Transition Charge, if any, developed from the supporung 9 schedules described herein Costs associated with the System Benefit Fee and the Compeution 10 Transiuon Charge shall be hsted as chsunct line items, and shall ue to applicable detmled 11 schedules. 12 I-A-l: Total Cost of Service by Function - liistonc Year (See Attached Form) 13 This schedule shall summarize the uuhty's overall Unbundled Cost of Service for the I-hstonc 14 Year including but not limited to, non-fuel operations and mmntenance expenses, eligible fuel 15 and purohased power expenses, non-ehgible fuel and purchased power expense, s, depreelanon 16 expenses, income taxes (if applicable), taxes other than income taxes, and the return or coverage 17 developed from the suppomng schedules descnbexi herein The costs shall be unbundled into the 18 nine funcUons For any expenses in eligible or non-ehgible fuel and purchased power expenses 19 that are not included in generation costs, provide the FERC account for this expense and an 2o explanation of why this expense is not included in the generanon fmicUon PresentaUon shall be 21 such tha~ amounts can be readily deternuned and all costs to be ~ncluded m each function shall be 22 referencad to the detailed schedules and/or the appropnate workpapers, computations, and 23 analyses ~ I-A-2: Total Cost of Service for Regulnted Functions - Forecnst Year (See Attached Form) 25 This schedule shall provide the utihty's Forecast Year unbmidled cost of service for the six 26 transmission and &smbuuon funct~ous It shall begin with the ~-~stonc Year cost of service for 27 these funcuous as reported on Schedule I-A-I Addmonal columns shall present the forecast 28 adJUStments to the ~stonc Year wtueh are necessary to reach the Forecast Year All adjUStments 29 appeanng on thns schedule shall be referenced to detatled workpapera, computntions, and 3o analyses. Presentntion shall be such that amounts can be reac~ly detemuned and all co~ts to be 31 included tn each function shall be referenced to the detailed schedules and/or the nppropnate 22 workpa, fets, computatmns and analyses. 12 1 2 SECTION II: 3 HISTORIC YEAR DATA ~ S~I~DULE B RAT~ BAS~ 6 H-B: ~ B~ by ~ncflon (S~ At~ch~ Fo~) 7 ~c sch~c sh~l su~ ~c u~hty's ovc~l unbun~ ~tc b~ 8 ~stonc Y~, ~p~ into ~e nme ~nc~ons ~nm~on sh~l 9 ~&ly ~n~ ~d ~1 l~ mclu~ sh~l ~ ~fe~n~ to 10 appmpn~ woman, compu~Uons, ~d ~M~s Sup~mng mfo~Uon may mclu~ one- 11 hne &~ (m~ to ~n~fy ~s~ss~on, &smbuuon ~d co~on f~dm~) of 12 &smbu~on subs~ons for which ~e h~ side (~s~ss~on vol~gc ~la~ ~mpment) 13 mclu~ ~n ~s~ss~on ~ b~, funcuon~uon f~tom or o~ d~umenm~on n~s~ to 14 sup~ ~e ~pmUon of m~ b~ ~ (mclu&ng "co--on" f~hu~) into ~e nine funcuons 1~ H-B-l: Od~ ~ of U~ P~t 16 ~S ~h~ule sh~l s~ ~e mounu of uuhty pl~t by ~C ~coun~ 301-388 17 ond of ~o ~stonc Y~, ~cUonMl~ pmu~t to Oene~ ~s~cUon No 10. Uulm~ may 18 ~l~sl~ somo moun~ mong ~nc~ons, cons~smnt w~ Co~ss~on Subs~uve Rule 19 25 192~) or apphcable ~C filln~. ~y ~i~s~ficauon of pl~t sh~l ~ ma~ ~n a~o~ 20 wi~ ~no~ ~s~c~on No 8 ~ls ~h~Me sh~l ue to ~e ~k b~ 21 ~s~nc Y~. Sup~mng wor~a~ ~at ~lly ~d ci~ly explmn ~e funcuo~Uon of ~h 22 ~unt or au~unt shMI ~ mclu~ m ~e wo~a~r ~on, ~d ~y funcuon~uon 23 f~m~ abM! ~ mf~ m &e appmpna~ f~t~ m Sch~ule H-F ~ ~s ~h~ule sh~l de~l ~e mo~ of gene~ pl~t for ~e ~stonc Y~ by ~C ~ 389-3~ ~d 398-3~, ~cuon~t~ pm~t to ~ne~ ~Uon No. 10. Sup~mng 27 wo~a~ ~at ~lly ~d cl~ly explmn ~e ~n~on~on of ~h ~t ~ sub ~unt ~ shMl ~ inclu~ m'&o, w~ ~, md ~y ~n~on~mon f~t~ ~1 ~ mf~ 29 m ~o ~ff~ m ~h~Mo H-F. al ~s ~h~le sh~l show ~e b~ of ~umcaUon ~mpment for ~e ~stonc Y~ m 32 ~C A~t 397, or o&~ ~t (s~fy) where such ~mpment ~s ~ funcuon~ ~3 p~t to ~ hs~cuon No 10 For ~e pu~ of ~ne~ ~s~Uon No 10(c), ~ ~mpm~t 1~ ~ substations ~at ~ multiple funct~o~ sh~! ~ funcUon~l~ on ~e 35 ~e b~is ~ ~on pl~t at ~at subs~t~on Supping wor~a~ ~a fully ~d cl~iy 36 explmn ~e ~ncuon~on of ~h ~ount or sub.count sh~l ~ inclu~ m ~e work~r 37 ~uon, ~d ~y ~n~on~l~uon f~to~ sh~l ~ ~fe~n~ to 38 Sch~ulo H-F. 39 II-B~: Unb~di~ ~m~on Work in ~ I This schedule shall show the amount of Construction Work ~n Progress (CWIP) for the I-hstonc 2 Year, funcuonahzed pursuant to General Instruction No 10 Supporting workpapers that fully 3 and clearly explain the funct~onahzat~on of each account or subaccount shall be ~ncluded m the 4 workpaper se. cHon, and any functional~zat,on factors shall be referenced to the appropriate factors 5 In Schedule II-F 6 II-B.S: Unbundled Accumulated Depreciation 7 This schedule shall ~nclude the accumulated provisions for depreciation detmled by primary 8 account classification (e g, 350-359, 360-373, 389, etc ) as of the end of the I'hstonc Year, 9 functionaltzed pursuant to General Instruction No 10 A description of the methods and 10 procedures followed In boolang deprec~at, on shall be included tn this schedule Suppomng 11 workpapers that fully and clearly explain the functionalizauon of each account or subaccount 12 shall be mcluded m the workpaper secuon, and any functionalization factors shall be referenced 13 to the appropriate factors m Schedule II-F All depreciation rates and methodologies shall be 14 Included by primary account classification 15 II-B-6: Unbundled Plant Held for Future Use 16 Thts schedule ahall show the amount of Electric Plant Held for Future Use (F_.PHFU) as of the 17 end of the I-hstonc Year, funcuonal~zed pursuant to General Instruction No. 10. Supporung IS work'papers that fully and clearly explain the functionalizauon of each account or subaccount 19 shall be included m the workpaper section, and any functiunallzauon factors shall be referenced 20 to the appropnate factors In Schedule II-F 21 H-B-7: Unbandled Accumulated Provision Balances 22 Tlus schedule shall show the enthng balance (I-hstonc Year) of each anouraulated provision 23 account 0.e, inJuries and damages, property tnsurance, etc ), funcuonahzed pursuant to General 24 Instruction No 10 Supporung workpapors that fully and clearly explain the functionahzatlon of 25 each account or subaccount shall be included m the workpaper section, and any functionalization 26 factors shall be referenced to the appropriate factors in Schedule II-F. 27 II-B-8: Materials and Supplies 28 This schedule shall show the total amount of Ms_t_--nals and $upphea (M&S) as of ~hg end of the 29 Historic Year, functionahzed pursuant to General lnstrugtion Ho. I0. -~tlppotiiag,.workpapem 30 that fully and clearly explain the functionalizalaon of each account or subaccount shall be 31 included ra the workpaper section, and any funcuonallzauon factors ahall~bo referenced to the 32 appropriate factors m Schedule II-F 33 II-B.9: Cash Working Capital 34 This schedule shall show the total amount of Cash Workang Capital included in each component 35 of the unbundled rate base as of the end of the H~stonc Year, functionalized on the same basts as 36 the underllnng expense, and conststent with General Ins~'uction No. 10. The amount to be 37 included wtll be tn accordance with P U C SUaST R 25 231(c)(2)(B)(m) The leads and lags 38 from the utihty's last rate case for the revenue and production function items (e g, fuel expense) 39 may be utilized in the calculation of cash worlang capital for the I-hstonc Year Supporting 40 workpapers that fully and clearly explain the functionallzation of each account or subaccount 14 I shall be :ncluded m the workpaper section, and any funct~onahzat~on factors shall be referenced 2 to the appropriate factors m Schedule II-F 3 II-B-10: Prepayments 4 This schedule shall show the amount of Prepayments as of the end of the I-hstonc Year, 5 funcuonalized on the same basis as the underlying expense, and consistent with General 6 Instruction No 10 Suppomng workpapers that fully and clearly explain the funcUonal~zatmn of 7 each account or subaocount shall be included ~n the workpaper secuon, and any funcuonal~zauon 8 factors shall be referenced to the appropriate factors m Schedule II-F 9 II-B-11: Other Rate Base Items 10 This schedule shall demi all other rate base ~tems for the I-hstonc Year not ~ncluded ~n the 11 previous categories, funct~onahzed pursuant to General hstrucuon No 10 Suppomng 12 workpapers that fully and clearly cxplmn the functmnal:zaUon of each account or subaceount 13 shall be, included m the workpaper section, and any funcuonal~zatmn factors shall be referenced 14 to the appropriate factors m Schedule II-F Suppomng workpapers showing the denvauon of the 15 amounts included shall also be presented 16 II-B.12: Regulatory Assets (See Attached Form) l? The uUlity shall prowde the total amount of regulatory assets de:ruled on an asset-by-asset basis IS for the I-ha:one Year, funeUonal~zed pursuant to General Instruction No 10 For each item the 19 uuhty claims as a regulatory asset, the utahty shall specifically ~denufy the Conumss~on order 20 (mcluchng applicable pages) or other authority upon which th~s claim ~s based If the utthty rehes 21 upon an~ authority other than a Conumss~on order, a copy of the documents rehed upon shall be 22 providexl. The amounts secunuzed pursuant to PUPA Subchapter G shall be ~dentlfied m a 23 separate colunm Supporting workpapers that fully and clearly explain the funcUonalization of 24 each acoount or subaccount shall be included m the workpaper section, and any funcuonal~zauon 25 factors shall be referenced to the appropnate factors m Schedule II-F 15 SCHEDULE C RATE OF RETta~ 2 II-C Rate of Return Calculation The rate of return to be used shall be based upon the utlhty's weighted average cost of capital at the end of the H~stonc Year A schedule showing the calculation shall be provided It shall use 5 the utahty's capital structure and Its weighted average cost of debt and preferred stock The utahty may propose a cost of eqmty sufficient to attract capital in the market The ut~hty shall provide 7 support JUStifying its behef that ~ts proposed cost of eqmty ~s reasonable As an alternative, which 8 the comausslon shall presume to be reasonable, the utthty may propose a cost of equity equal to 9 the average y~eld for bonds of the ut~hty's crexht ratang pubhshed m Moody's Crexht Perspective 10 or slnular pubhcat~on dunng the most recent three months, plus two percent Supporang 11 documentataon shall be provMed for the average bond y~elds used m the alternative cost of eqmty 12 calculatton The ut~hty may add to th~s calculation its proposal for incentive mechanisms based on thsmbutton performance and transmission company independence, although these will not be 14 presumed reasonable 15 16 , SCH~Ot.n_.E D OPERATION & MAINTENANCE EXPENSES 2 II-D-l: O&M Expenses 3 Th,s schedule shall Include the uUhty's overall operat, ons and ma,ntenance expenses according 4 to FERC accounts $00- 917 for the l-hstonc Year. functionahzed pursuant ~o General Instruction 5 No 10. In pamcular, the costs booked under Account 555 (purchased power costs) should be 6 unbundled into generation and transnuss~on The documentat, on shall itenuze the wheehng 7 expenses ~ncurred for the old contracts on a contract by contract basis Utfl,ues may re. class,fy 8 amounts among funct, ons. conszstent w~th Comm,ssmn Substanuve Rule 25 192(b) or applicable 9 FERC filings Any reclasslficaUon of expenses shall be made ,n accordance with General 10 Instruction 8 Suppomng workpapers that fully and clearly expl~,n the funcuonal~zauon of each 11 account or subeccount shall be included ~n the workpaper secuon, and any functional,zauon 12 factors shall be referenced to the appropriate factors ~n Schedule H-F 13 II-D-2: A&G Expenses 14 This schedule shall show the annual expenses m FERC accounts 920-935 for the I-hstonc Year, 15 funcuonallzed pursuant to C~neral InstrucUon No 10 Suppomng workpapers that fully and 16 clearly explain the functionahzauon of each account or subaccount shall be included m the 17 workpapor section, and any funcuonaltzatmn factors shall be referenced to the appropnatc factors IS m Schedule II-F 19 II-D-3: Payroll Expense Distribution 20 This schedule shall present the I-Ilstonc Year payroll expense by funcuonal group and by FERC 21 primary, account, functmnalized pursuant to General Instmcuon No 10 For the purpose of 22 General Instruction No 10(c), Payroll F. xpcnses shall be funcuonalzzed using the same factors as 2:~ the respective accounts m the O&M schedules For accounts that arc funcUonahzed using a 24 composite factor, the respecuve composite factors shall be dcveloped based on Payroll 25 mformatmn only. Suppomng workpapcrs that fully and clearly explmn the funcUonahzatlon of 26 each account or subaccount shall be included m the workpaper secuon, and any funcUonal,zauon 27 factors shall be referenced to the appropriate factors m Schedule II-F 28 H-D-4: Summs*~y of Exclusions from Reporting Period (See Attached Form) 29 Tlus schedule shall present a summary of all repomng period expenthtures for items not allowed 3O Io be included in the utflity's cost of service by statute or Conmuss~on rule ~1 H-D-S: 'Summary of System Benefit Fund related expenses 32 Tlus schedule shall present a summary of all H~stonc Year cxpenthtures to be recovered through 33 the System Benefit Fund fee after Dccomber 31, 2001, pursuant to Conumsslon Substanuve Rule ~4 25.344(0, and shall include a colunm wh,ch references the schedules upon which these costs 25 appear elsewhere in the UCOS-RFP 17 ~ SC~F. DULE E OTH~ ITF~S 2 Note To the extent that PUPA Identifies the functionally separated business entities of the 3 utility that are responsible for payment of specific revenue-related taxes, these taxes 4 will be threctly assigned to these entities m accordance with the statute 5 II-F~I: Depreciation Expense 6 This schedule shall show the utihty's overall unbundied depreclauon expense for the I-hston¢ ? Year for uuhty plant and shall be based on Comnusslon-approved depreczation rates or an 8 updated depreciation study If a utility does not have Commission-approved depreciation rates, 9 depreclauon shall be calculated based on the rates approved by the utihty's governing body 10 DccumentaUon suppomng the approval of the depreciation rates used shall be provided. Uuhty 11 plant depreciation rates and depreciation expense shall be shown by FERC Account, 12 funcUonallzed pursuant to C~neral InsUuction No 10 All adjustments appeanng on this 13 schedule shall be referenced to detailed workpa.~rs, compuumons, and analyses Presentauon t4 shall be such that amounts can be readily determined and all costs to be included in each funcuon 15 shall be referenced to the detmled schedules and/or the appropriate workpapers, computations 16 and analyses Suppomng workpapers that fully and clearly explmn the funcUunallzation of each 17 account or subaccount shall be included in the workpaper secuon, and any functionahzauon 18 factors shall be referenced to the appropriate factors in Schedule rI-F 19 II.F~.2: Taxes Other Than Federal Income Taxes 20 'flus schedule shall show the amount of other taxes, excluthng federal income taxes, assessed on 21 or paid for by the utility for thc I-hstonc Year, funcuunahzed pursuant to General InstrucUon 10 22 Supporting workpapers that fully and clearly explmn the funcuonahzauon of each account or 23 subaccount shall be included tn the workpaper section, and any functionallzauon factors shall be 24 referenced, to the appropriate factors in Schedule ~ II-E-3: Federal Income Taxes 26 Federal Income Taxes shall be calculated using thc return method for the Fhstonc Year, 2'/ functiunalized pursuant to General Instruction I0. Supporting explarmuons and calcuiauons shall 28 be referenced to tlus schedule, and If not found elsewhere in the UCOS-RFP, shall be provided as 29 workpap~ to this schedule. Suppo~ng workpapers that fully and clearly explain the 30 functlon.l!~,**lun of co~h account or subaccount shall be included tn the workpaper section, and 31 any funedonalization factors shall be refinanced to the appropnate factors in Schedule rLF 32 To the extent that PURA identifies the functionally separated business enuues of the uuhty that 33 am responsible for payment of specific revenue related taxes, these taxes will be threctly assigned M to these cntit~es tn accordance w~th the statute 35 The utility shall provide a full explanation and suppomng documentation to demonstrate 36 compliance with PURA §36 060 Schedule III-B-3 shall provide a narrative explanation of thc 37 expected impact of the Business Separation Plan upon the filing of consolidated tax income tax 38 returns This schedule shall provide the amount of any consolidated tax savings adjustment ~9 included In the utihty's rate filing In adchtion, the uuhty's workpapers shall quanufy thc historic and fore. casted taxable ~ncome on a consohdate bas~s, for each regulated affihate, and for any net 2 taxable losses recurred by unregulated affihates II-E-4: Other Expenses 4 Th~s schedule shall show all ~tems not classified elsewhere, functmnahzed on the same basts as 5 the underlying expense and consistent w~th General/nstructmn 10 All ~tems shall be ~dentlfied 6 on an ~tem by item basis and supporUng workpapers shall be provided 7 that fully and clearly explain the funcaonal~zat~on of each account Suppotung workpapers or subaccount shall be 8 included m the workpaper section, and any funct~onallzat~on factors shall be referenced to the 9 appropnate factors In Schedule 10 Il-R-S: Other Revenue Items (credit) Th~s schedule shall show all other revenue credits, funct~onahzed on the same basis as the 12 underlying expense and consistent with General lnstmctaon 13 shall be ro No 10 Supporang documentataon p v~ded. The pomon of the revenue crechts functmnahzed to the slx transnusslon and in d~stnbul~on funcaons shall be deducted from the uUhty's total I$ slx Iransrmsslon and chstnbutmn functmns. ..... ,,~u~u t~ost of Service for the 19 i SCHEDULE F FUNC'HON^)-~ATION FACTORS 2 Il-F: Function~on Fac~ ~ 1 ~vl~ a hsang of funcaon~i~tmn f~to~ ~d ass~mted ~ which sh~l tnclude ~e 4 followmg tnfo~atton for evc~ factor us~ to ~sl~ cos~ to a funcaon ~ a, A n~Uve ~pUon of ~e ~ncuon~zauon factor ~f 6 b ~e ~lauve (~m~ ~p~nmt~ons of ~enmges) ~oun~ ~nsUtut~ng ~e 7 funcuon~zauon f~tom s c ~e ab~lute ~oun~ consUtuung ~e factom ~at ~s &e ~m ~ ~ numemtom ~ ~d &wsom ~n ~cula~ng &e ~ncuon~muon f~tom m b a~ve 10 2 ~vs~ wor~a~m ~d a n~uve expl~auon to sup~n ~e c~culauon of ~h 11 funcUon~mUon f~tor lis~ m I a~ve To ~e extent &at ~ pm~ el~whem in &~s 12 fihng,p~ge ~ emplo~ m ~fly ~veiopmg ~e funcuon~mmUon f~t~, w~a~ ~ sh~l ~ mfemnc~ &~fly m ~s ~m ~4 3 For &~t ~ment (~ne~ ~s~cUon No. lO(a)) ~d ~ount-s~fic ~s~ment ~S (~ne~ hs~cUon No. 1~)) of ~s~, pmw~ a n~Uve ~fipuon of ~e J~fifica~on 16 for such ~s~ment. 17 ~e following ~le lism f~tom w~ch may ~ IS ~s~cuon No l0 (c) For ~ ~o~ which do not ap~ m ~s ~ble, ~t ~s ~s~M ~at 10 ~l ~sm ~ll ~ ~nc~on~ p~t to ~ne~ ~s~cuon Nos l~a) ~d I~) ~ ~s robie is for mfemn~ ~d su~ p~ only. S~fic ~aons ~ven el~whem In 21 ~s m~-filmg pac~ge ~n~l over ~y su~ mfo~aaon p~ m ~s robie. ' ~1-~3 ~ ~t ~t'~ ~ PL~VC-~ 370-- ~ 373~~ ~u~ ~as ~v~ D~T 389-391 ~ ~, ~ ~ 395 ~ ~ulp~t PL~G~N 3~ ~ ~ ~t PLTXG~N 5~574 ~"~'~ S~ ~u~ s.~t~ ~ ~u~us D~TOPX ~ ~ DIST ~85,C Non roadway and security hghtmg 585 s.~ us.~.~ CES 586 M~r ~ DIST 587 cus~ ~ta~ou ~s ~T 588 ~ ~on ~ ~ ~ D~TOPX 589~ ~=~-~ 589.0 ~u~ DIST 591-595 ~~ ~ D~X 5~ ~s~u~. DIST ~ ~ ff M~ D~T 598.1 ~s.~u,~~ ~s ~T ~3~ ~ ~ ~ 910 ~ ~s~ ~ ~~ ~9 -- 911 ~ ~v~tn~ ~ ~1~7 TO~V -931- PAnG PA~G ~ ~PLT-N 21 I Where a one or more of the rune functions is hsted m the Functlonahzat~on Factor column, the 2 costs ~n that FERC account shall be asstgned exclusively to the function(s) hsted The remmnmg 3 funct~onal:zat~on factors m the above table are defined as follows 4 5 C902_3 Composite allocator, comprised of FERC accounts 902 and 903 6 C906_9 Composite allocator, comprised of FERC accounts 906, 908, and 909 7 C912_7 Composite allocator, comprised of FERC aocounts 912, 913, and 917 8 DISTMAX DIST Mmntenance Composite allocator, compnsed of FERC accounts 591- 9 598 1 10 DISTOPX DIST Operauons Composite allocator, comprised of FERC accounts 581-587, 11 and 589 12 PAYROLL Total Payroll 13 PAYXAO Payroll, exclud,ng Admmtstrauve and General Salaries 14 PLTXONL-N Net Plant, exelu&ng General Plant 15 PLTSVC-N Net Plant in Service 16 PLTSVC-NX Net Plant m Service, excluding Intangible Plant 17 SQFT Building Square Footage allocator 18 TOMXFP Total Operations and M.,nt~nance Expenses, excluchng Fuel and Purchased 19 Power 20 TOTREV Total Revenue Reqmrement 21 TIME Customer Service Records allocator, based on the number of hours to develop 22 and use these records 23 TRB Total Rate Base 22 ~ SCHEDULE G FUEL AND PURCHASED POWE~ INFORMATION - HISTORIC YEAR 2 3 The following schedules shall be presented, as specified, for fuel and purchased power revenues 4 and expenditures for the I-hstonc Year 5 II-G-h Fuel Burned and Purchased Power by Account Number 6 Th~s schedule shall provide fuel and purchased power expenses and revenues by FERC account ? numbers, as ehg~ble or non-ehgible, for each month included m the I-hstonc Year and the total s for the I-hstone Year 9 II-G.2: Fuel Burned by Type and Purchased Power 10 This schedule shall present expenses and revenues for fuel according to the type of fuel (natural 11 gas, fuel off, coal, ligmte, and nuclear) and for purchased power, as ehg~ble or non-ehg~ble, for 12 each month ,neluded m the I-hstonc Y~ar and the total for the I-hstone Year The mformauon 13 shall include MMBtu burned, cost of fuel burned, and pnee per MMBtu burned 14 H43-1 and 1143-2 shall ~denufy specifically, with explanaUon, any expenses that are included m 15 ehgthle fuel/by Comnusmon order, but are clasmfied as non-ehg~ble accorihng to the 16 Commlssloll Substantave Rules 17 II.G.3: Nonrecurring Fuel and Purchased Power Expenses 18 Th~s schedule shall prowde base rate fuel and purchased power expenses booked dunng the 19 I-hstonc Year that are unusual and/or nonrecumng m nature Th~s schedule shall contmn an 20 explanaUon of such ~tems 23 I SCHEDULE H NUCLEAR PLANT DECOIvlMI$$IONING- HISTORIC YEAR 2 II-H-l: Nuclear Plant Decommissioning Information 3 This schedule shall provide data concerning each decomnusslonmg fund the uuhty has 4 established or proposes to establish The uuhty shall identify for each plant or unit 5 a The plant and/or unit(s) covered by each fund 6 b The commercial operation date 7 c The date deconumsslomng external funding began or Is expected to begin 8 d The astimated service life of the unit. 9 e The date the operating license expires. 10 f The funding method proposed (strmghthne, inflation adjusted, etc ) 11 g The uuhty's percentage respouslbflity for decomnuasiomng and the acoompanym§ total 12 estimated cost of decomnussionm§ each plant or umt In current dollars 'Curr~nt dollars" are 13 definedlas the dollar value as of the most recent s~te-speclfic deconmuaslomng study or 14 defimtive deconmussiomn§ esUmate as reqmred by Conumssmn Substanuve Rule 15 §25 231Co)(l)(F)0v) Specify the date of the estimate and the year used to establish the 16 esumate's current dollar of deconumas~onmg costs 17 h Provide the escalation rate used to detemune the future cost of decomrmss~omng requested in Is (lc) Analysis and documentation suppomng the determination of the escalation rate shall be 19 provided m gus schedule or in accompanying tesumony. 20 ~ The date deconumaslonmg Is scheduled to begin for each umt 21 j Prowde a schedule shovang the estimated length of each major phase of the 22 decomnussiomng process as well as the time estimate for the entire decommiss~onmg process 23 as contained m the most recent esllmate as rexlturcd by Comnuss~on Substantive Rule 24 §25 23 lCo)(l)(F)0v). 25 k. Esumated annual deconumssionmg expenditures dunng the decomrmss~omng process ~n 26 Current Dollar~ and anticipated futura dollars using the escalauon rate In (h) If the 27 percentage of each umt's contnbution to the total annual expenditure vanes from year to year 28 Ill the deconmusslomng process, please explain those variations m th~s schedule or In 29 accompanying testimony. 3o 1 Annuahzed rate of return earned to date of gus filing on the investment of doconumss~omng 31 funds Show the eadoulauon d the yield Is net of trustee fees, investment management fees, 32 and other fees and expenses. 3:3 m. Estimated annual yield expected to be earned through the decomrmsslomng process Provide 34 analysts~and documentation whwh supports the deterrmnaUon of esUmatod future yield m this 35 schedule or m testimony 36 n Identity of deconumsslomng fund trustee 0f anY) 37 o A statement mchcating whether the trust is irrevocable 38 p A statement indicating what percentage of the fund is "qualified" under Internal Revenue 39 Code Section 468A or alternative leg~slanon Provide the most recently approved schedule ~ of ruling amounts or altematlve fundng schedule in accordance with Section 465A or 41 alternative le~alation I q Provide a copy of the investment objecuves or gmdehncs g~ yen to the fund manager(s) by the 2 uuhty 3 r Provide the current fee agreements wlth trustee and fund manager(s) Also, provide a 4 computanon of test year fees (e g, trustee fees, investment management fees, and other fees 5 and expenses) for each fund 6 II-H-2: Deconumssioning Funding Plan (See attached example ) 7 Th~s schedule shall provide the status on each deeomrmas~omng fund the uttl~ty has estabhshed 8 or proposes to estabhsh on a year-by-year bas~s from the start of external fundsng for 9 deeomnuss~omng through the end of the decommass~omng process The schedule shall be In the 10 same format as the attached example, and shall ~ncluda thc following for each year of the fund's Il hfe 12 a Actual or requested annual contnbuuons to the deeomrmas~omng fund. 13 b Actual fees (e g, trustee fees, ~nvestment management fees, and other fees and expenses) 14 prod to date, and estimated future fees 15 c Actual annual earnings on decomrmsslomng funds to date 16 d Actual and planned accumulations m the daconumss~omng fund as of the end of the test year 17 or on the most recent anmversary of the external fund's mcept~on 18 e Annual projected accumulated fund balances based on the escalation rate and annual y~eld 19 from II-H-l, parts (h) and (m) 2o f Esuma~l deeonumss~omng outlays 21 g Assumpuons m the funchng plan regarding thc Unung of contributions, eicrnmgs, 22 deeomrmss~omng outlays, and fees 23 h AssumpUon regarchng compounding of earmngs on the fund balance 24 Tius schedule shall chfferentmte those accumulanons which have actually occurred to date and 25 those that are pmJeeUons I SCHEDULE I HISTOPJC YEAR Bn.).r~o DETF_.RM~NANTS 2 3 ~ a juns~ct~on~ ~l~a~on Is ~0~ m ~e cost of se~ce study, provide Sch~ule I 4 mfo~at~0n on a to~ utd~ty, Text, ~d other j~s&c~on b~s unless o~e~ m~cat~ ~ no S ~l~a~on ~s ~0~, provide ~1 Sch~ule I mfo~at~on for the Tex~ j~s&c~on only ~ ~v~de ~ues~ ~ske~e ~m on ~M~ompa~ble computer ~skettes m ~cmsoft Ex~l 7 worhh~ or pnnt fil~ ~ Excel Is unavmlable, provide &skette ~ m ASC~ fo~at All s Sch~ul~ sh~l ~ i~n~c~ m fo~at to ~etr counte~ ~n ~e m~ filing p~ge Inclu~ng ~l 9 fo~ula~ ~lls ~! ~ ~des sh~l ~ m column v~tor fo~, ~at ~s, one ~m ~n~ ~r 10 col~n Cl~ly 1~! ~h ~ ~nes 11 Rcfe~n~s to "s~m ~*' xn~ca~ ~e ~ of ~ ~s~ssmn ~d ~s~buaon u~hty system 12 H-I-l: Sum~ of ~flc Y~r A~ 13 Sch~ules H-I-IA ~d H-I-lB sh~l ~ pmvl~ m ~ h~opy ~d &ske~ fo~a~ 14 A ~ ~e following ~stonc Y~ ~m by m~ ci~s ~ adj~en~ to ~ ~ ~o~ 15 by gm~ph~c &wmons, pm~ ~e ~ by &ws~on 1~ I Avc~o n~ of c~tomen. 17 2. Y~nd n~ of c~to~. 18 3 ~stonc Y~k~ (unadj~) 19 4. ~ or ~ m k~ ~ duc to adjus~cnt for abno~ w~cr. ~ 5 ~ or ~ ~n k~ s~ duc to adjacent for ch~ges in customer 21 ~m~slaon ~or for ch~ges m ~e numar of custome~ ~ 6 ~ or ~ m k~ s~ duc to adj~cn~ o~er ~ for ~c eff~ of 23 w~ ~d cmtomm (e.8. ~l~ificaUon of c~tome~), ~fl~ng ~h ~j~ent ~ ~ly. ~ 7. To~ ~j~ k~ ~. 26 B. ~ ~e ~ m ~-I-IA(3)] ~mu~ ~-I-IA(7)] a~vc by men& of ~c ~smnc Y~ 27 C. ~ ~e follo~ng un~j~ ~stonc Y~ ~ by ~ ci~s for ~h mon~ of ~e ~ ~stonc Y~ 29 1. For ~C~ uhllu~, ~i~i~nt ~ at ~e.~ ~) ~d~e me~r ~ ame ~ 1 2.~ ~inm~t ~ ~ ~ m~ ~) ~d ~ ~ m~ at~me of s~m ~ 32 3 Non~m~t (cl~) ~ ~ ~o so~ ~) ~d at ~c me~r 33 4 ~er~ s~ at ~e ~ ~b~). M 5 ~ ~ by voltage level at ~e me~r ~5 6 ~ Monthly cl~s ~snc~n~ ~d !o~ f~to~ b~ on load ~h ~ys~s for ~e 36 ~stonc Y~ ~d for ~e ~ previous y~ 37 ~fo~uon supph~ m Sch~ule ~-I-IC may represent csUma~ if ~e uuhty is unable to 38 pmv~ ~t~ ~m 39 D. ~v~ the following adjust~ ~stonc Ye~ ~ta by rote cl~s for e~h mon~ of the ~stonc ~ Y~ 26 I i For ERCOT utilities, coincident peaks at the source (busbar) and at the meter at time 2 of ERCOT peak 3 2 Coincident peaks at the source Cousbar) and at the meter at t:me of system peak 4 3 Non-coincident (class) peaks at the source (busbar) and at the meter 5 4 Energy sales at the source Cousbar) 6 5 Energy sales by voltage level at the meter. 7 6 Monthly class coincidence and load factors based on load research analysis for the g H~stonc Year and, if records allow, for the three prevaous yearn 9 E Provide the system load factor for the I-hstonc Year and for each month of the I-hston¢ Year 10 F For the Texas Sunsd~caon only, prowde any adjustment~ made to I-hstonc Year kW btlhng n demand and the adJusted kW bflhng demands to which the~e adju~tment~ are performed 12 Provide these data by rate class la G Provade a narrauve explanauon for all adJustments ma~ to I-hstonc Year operat,ng stattsues 14 provided above m Schedule II-I-1 15 H Provide total system and Texas, ff applicable, peak demand and peak demand by rate class 16 for the/-hstonc Year and for each month of the t-hstone Year at t~me of t~RCOT peak, for 17 ERCOT uulmus, and at Ume of system peak 18 ' I Usmg unadjusted H~stone Year kWh, provide the total system and Texas. if applicable, 19 percentage break down of rate class sales in each revenue class. 2o II-I.2: Model Analysis Results 21 Provide the following mfomu~on in Schedule II-I-2A for the models both before and a~ter any 22 , correctwe procedu~ (e g, for autocorrelation) are applied Clearly identify and deacnbo any 23 co--ye procedures applied to the models 2~ A Furnish the following for each model used to derive adjustments to tho I-hstonc Year ~ operating sUtt~st~cs provided in Schedule l~'-I- 1 ~ I Thc name and vcrsmn number of any computer econometric or sumstical packages 27 used to develop the utfilty's models For proprietary models,.pmv~de a detailed ~ narr~ve of thc op~tmns and logic of tha model ~9 2. For models based on ~conom~ncs or staust~cs, a sta~m~nt by model, of the ~0 funcUonal~fonn of~ach.of~h~n~lUattd~including' z~ a The ~s~mated co~ffic~6nts;~th~r standard ~rmrs, and t-star, sUes ~ b The R-squared and AdJusted R-squared 33 c Thc Durbin-Watson -d~ staast~c and any other statmt~c used to ~st~mate thc degree ~4 of autocorrela0on in the &sturbancc terms 35 d The sum of squared residuals 36 e The standard error 37 f The number of observattons used in the analysis 3~ g The F-statistm 27 I h The sample penod and penodic~ty of each model 2 I A deacnptton of each variable used in each model lncluchng any logic or 3 calculations used to denve the variables n Provide Sghedules II-I-2B and rl-I-2C in both hardcopy and diskette formats Thc variables and $ the penodicity of the variables shall match the Response m Schedule II-I-2A 6 B Using the following format, provide all data used by the uuhty to develop the models in 7 Schedule I-2A Clearly identify each equauon and each variable used in each model S Provide each variable m the final form m which it is used in each equauon I A I B [ C I D ] ETC Dated F'wat Variable Second Variable Third Variable 9 10 C If not already provided m Schedule ll-I-2B, and using a smular worksheet and chskette 11 format, furnish all variables m their raw form, prior to any mmsformauons Provide all 12 Indic, es used to deflate data series 13 I1-I-3: Customer Adjustments 14 A. Provide monthly I-hstonc Year number of customers by rate class Also provide monthly 15 data by jt~ia&cUon, if applicable. 16 B. For each rate class, explain the methodology by which customer adjustments are performed 17 Provldo sample calculaUons for each rate class 18 C Provide all data necessary to reproduce the proposed customer adjustments, if not already 19 provided in Schedule II-I-3A above. 20 H-I4: Revenue Impacts of AdJtlstmen~ 21 A Provide the following I-hstonc Year data on revenue impacts of kWh sales and kW demand 22 adjustments by rate class Also provide data by junachction if kWh sales and kW demand 23 adjusmlents are pe~ormed on this basis The total adjusted revenues provided in this 24 Schedule shall correspond to the total adjusted revenues in Schedule V-M-6 * iS 1 UnadJusted I-hstonc Year revenues, showing the fuel and non-fuel components 26 separately. 27 2 Revenue assocnated with any rate annuahzat~on adjustments, showing fuel and non- 2~ fuel components separately. 29 3 Revenue~ associated with kWh customer adjustments, showing fuel and non-fuel 30 components separately 31 4 Revenues associated with kW customer adJUStments, showing fuel and non-fuel 32 components separately 33 5 Revenues associated with kwh weather adjustments, showing fuel and non-fuel ~4 components separately 35 6 Revenues associated with kW weather adJustments, showing fuel and non-fuel 36 components separately 37 7 Revenues associated with other kwh adjustments, showing the revenues associated 38 with each adJustment mchvidually, listing fuel and non-fuel components separately 28 I 8 Revenues associated with other kW adjustments, showing the revenues associated 2 with each adjustment ~nd~v~dually. hstlng fuel and non-fuel components separately 3 9 Total adjusted revenue, showing the fuel and non-fuel components separately 4 B Provtde a narrattve explanauon of the methodologies used to calculate the revenue Items tn ~ tMs schedule 6 II-I-5: Weather Data 7 A Pmvtde the following data for the I-hstone Year on a monthly basts by weather stanon 8 Provide the name of each weather stauon and the appheable servtce temtory. State how the 9 degree days are defined mcluchng all calculations 10 I Actual heating degree days Il 2 Actual coohng degree days 12 3 Normal heating degree days ~3 4 Normal coohng degree days ~ B Furmah the ,~ prov~deA m Schedule II-I-SA, after w~ghtmg and billing cycle adJustments IS Provide, wtth examples, an explanation of the uuhty's wetghang and billing cycle adJustment 16 procedures ff the utahty ~s unable to provide weighted weather data, furmsh bfihng cycle 17 adjusted data 18 1 Actual heaung degree days 19 2 Actual coohng degree days 20 ' 3 Normal heating degree days 21 4. Normal coohng degree days 22 C If not already provided m Schedules II-I-SA and II-I-SB above, furmsh addmonal responses 23 to these Schedules using a 65°F base temperature 29 2 The unhty shall file an embedded cost of service study at a proposed rate of return and 3 workpapers necessary to support such a study The study shall show the funcuonal]zauon of the 4 utthty's investments, expenses and other operanng revenues and show the allocauon of such 5 ~tems to m&vidual rate classes for the OF, N, CF..g, and OTH funcuons These schedules shall be 6 filed in an,electromc format (e g, chskette, CD.ROM, or via electromc marl) m IVhcrosoft Excel ? (preferred), Lotus Symphony, Lotus 1-2-3, or ASCII format 8 II-J-l: Class Cost of Service Analysis 9 A cost of service analysis, for the I-hstonc Year shall be completed to show thc allocanon of rate tO base, expense~ and other operating revenues to the OF, N, CES, and OTH funcnons 11 II-J-2: Cla~ Allocation Factors 12 I Provide a hstmg of allocatmn factors and associated data which shall include the following 13 reformation for every factor used to assign costs to a rate class 14 a The designation of thc class allocaUon factor used in Schedule II-S- 1 15 b. A:narrat~ve deacnpuon of the allocanon factor if code deslgnanon is used 16 c. The relative (decimal representauons of percentages) amounts consutuung the t? allocation factors 18 d The absolute amounts constituung the factors 19 H-J-3: Ftmetlonalized Cost-of Service Analysis (Non-ERCOT members) 20 Non-ERCOT utilities shall provide a separate analysis of transnussion cost of service using 21 historic year billing deternunants and the FERC appwved Open Access Transnussion Tariff 22 The analysis shall include a full reconcdlanon between bundled PUC-approved transrmssion cost 23 of service, and unbundled transnusslon cost baaed on the apphcanon of the FERC appwved 24 Open-Access Transtmsslon Tanff. SECTION III: FORECAST YEAR DATA SCHEDULE B RATE B^SE IH-B: Rate Base by Function Th~s s~hedule shall provide the utihty's unbundled rate base by function It shall begin with the Histo~c Year rate base as reported on Schedule B for the six transrmsslon end distribution funcu~ns. Adchuonal columns shall present the forecast adJustments to thc H~stonc Year which are necessary to reach the Forecast Year Only plant in service projected to be in service at the end of the Forecast Year shall be allowed All adjustments appeanng on this schedule shall be referenced to detaded workpapers, computations, and analyses Pre~ntauon shall be such that amounts can be rea&ly d~temuned and all costs to be included in each funcuon shall be referenced to tho detmled schedules and/or the appropriate workpapors, computauons and analyse.~. HI-B.I: OHginal Cost of Utility Plant This ~he~iul¢ shall provide, by FERC account, the ut~hty's estimated plent balencez az of the end of the Forecazt Year for the s:x tramrmssion and &stnbuuon funcUons It shall beg~n with the corresponding I-hstonc Year-end balances presented on the corresponding I-hstonc Year ~chedul¢ Adcht~onal columns shall present forecast adjustments to the iustonc balances necessary to roach tho plent balenco~ expected to be in service at the end of the Forecast Year Only p~ant in ~4'wco projected to be in ~v~ce at tbe end of the Forecast Ye. ar shall be allowed All adjustments appearing on tlus. ~ohedule shall be referenced to demilad workpapers, computat~ous, and analy~es. Pre~ntauon shall be such that amounts cen be re. ad~ly detemuned and all ]costs to be moluded in en~h func~en shall be referenced to the dotmled schedules and/or the appropriate workpap~r~, compu~aUons and analy~s III.B.2: General Plant Functionalization Tlus ~chedul¢ shall datmi the amounts of general plant for the Forecast Year by FERC accounts 389-396 and 398.399. It shall be~n vnth the corresponding Historic Yenr-end balenco~ presented on th¢~ correzpondmg I-hstoric Year ~aedule. Addiuonal columns ~ufll pre~nt forecast adjus~ts ~o ,tho h~stono~balanco~noce~try to resch the plant ~balanc~ oxpe,zted to be in ~'~ico ~t ~ho md of. the Bore~t ¥~ar,~$~c~ling~ol. kpap,~ that fully and clearly explmn the f. ~o~. ~ ~dj~s ~tl~tS,.tO ~oa~h,~account shall~ be included in "-- '-'--~--- - ,~ .~ u:~ wo~xlj r ~uon fu~otiofialiZatmn fsctora shall be referenced to the appropriate factors m S~a~ule II-F ' end any III-B-~: Communication Equipment Tlus ~cheduie shall show the balance of communlcaUon cqmpment for thc Forecast Year in FERC Account 397, or other account l(spe~fy) where such equipment ~s booked as repotted on Schedules I~-B-I and IH-B-2 It shall begin with the correspondm§ I-hstonc Year-end balances pre~nted on the corresponding H~stonc Year schedule AdchUonal columns shall present forecast ~adjustmen{z to the historic balances necessary to reach the plant balances expected to be m service at the end of the Forecast Year Supporting workpapers that fully and clearly explain the forecast adjustments to each account shall be included m the workpaper section III-B.4. Unbundled Construction Work in Progress This schedule shall detml the amounts of coastmct~on work m progress for the Forecast Year It shall begin with the corresponding I-hstone Year-end balances presented on the corresponding I-hstonc Year schedule Adcht~onal columns shall present forecast adjustments to the historic balances necessary to reach the plant balances expected to be m service at the end of the Forecast Year Supporting workpapor~ that fully and clearly explain the forecast adjustments to each account shall be included m the workpaper secUon IH-B-5: Unbundled Accmnulated Depreciation Thts schedule shall detml the accumulated provis~ons for deprectatton by primary account classificaUon (e g, 350-359, 360-373, 389, etc.) for tho Forecast Year It shall beg~n with the corre~ponchng I-hstonc Year-end balances presented on the corresponchng Historic Year schedule Ad&t~onal columns shall present forecast adjustments to the lustonc balances necessary to reach the balances expected at the end of the Forecast Year Suppomn§ workpapers that fully and clearly cxplmn the forecast adjustments to each account shall be included m the workpaper section HI-B-6: Unbundled Plant Held for Future Use 'l~hls schedule shall show the amount of Electric Plant Held for Future U~e (EPItFU) as of thc end of the Forecast Year. It shall begin with tho corresponchng Historic Year-end balances presented on the corr~pondmg Historic Year ~hedule. Ad&t~onal columns shall present for~t adjustments to thc historic balances necessary to reach the plant m service at thc end of file Forecast Year. Supporting workpap,~ that fubllalyance~ expootcd to be III-B.7: Unbundled Accumulated Provision Balanee~ This zchedul¢ shall show the ending balance (Forecast Year) of each accumulated pmviston account (i.e., mjunes and damage~, pm~.~ zusurance, etc.). It shall begln w~th the ¢orresponthng Historic Year. end',balances ,pr¢~n~d~ on 'the ~rre~onding Historic Year schedule. Addltloilal col~umo~8 8hall pr¢~i~t~follsc~tt~ldpt,t~,~.,,.~,~'~.~- _.__ ~tho workpaper~i~n.5)'~'* ~ *' ,~-~[ nujusanent~,m tho total amount~ shall be included tn HI-B.$: Materials and Supplies This schedule shall show the total amount of Materials and Supplies (M&S) as of thc end of the Forecast Year It shall begin w~th the corresponchng I-hstonc Year-end balances pre~entcd on the corresponding Historic Year schedule Addmonal columns shall present forecast adjustments to tho lustonc balances necessary to reach thc balances ¢rpected at the end of the Forecast Year Suppomng workpapem that fully and clearly explam the forecast adjustments to the total amount shall be included in the workpaper secuon 32 III-B-9. Cash Working Capital Th~s schedule shall show the total amount of Cash Worlang Capital included m each component of the unbundled rate base as of the end of the Forecast Year It shall beg~n with the corresponding I-hstonc Year-end balances presented on the corresponding I-hstonc Year schedule AddiUonal columns shall present forecast adjustments to the historic balances necessary to reach the balances expected at the end of the Forecast Year The amount to be included will be :n accordance with ColrlmlSslon Substantive Rule 25231(c)(2)(B)(m) Supporting workpapers that fully and clearly explmn the forecast adjustments to the total shall be included in the workpaper secUon III-B-10: Prepayments This schedule shall show the amount of Prepayments as of the end of the Forecast Year It shall begin with the correspending I-hstonc Year.~nd balances presented on the corresponding I-hstonc Year schedule AddiUonal columns shall present forecast adjustments to the lustonc balances necessary to reach the balances expected at the end of the Forecast Year Suppomng workpapers that fully and clearly explmn the forecast adjustments to the total shall be included m the workpaper secUon III-B-Il: Other Rate Base Items This schedule shall detml all other rate base items for the Forecast Year not included m the previous catcgon~ It shall bel0n with the corresponding I-hstonc Year-end balances presented on the corresponding I-hstonc Year schedule. AddiUonal columns shall present forecast adjustments to the histonc balances necessary to reach thc balances expected at thc cnd of thc Porecast Year. Suppomng workpapers shall be included showing thc derivation of the amounts included III.B-12: Regulatory Assets The utility shall provide the total amount of regulatory assets detmled on an asset-by-asset basis for the Forecast Year It shall begin with thc corresponding I-hstonc Year-end balances presented on the corresponding ttlstonc Year schedule. Additional columns shall present forecast adjustments to the historic balances necessary to reach the balances expected at the end of the Forecast Year The amounts se, c, unuzed pursuant to PURA Subehapter G shall be ldenufied in a separate column. The amounts shall be unbundled into the six transmission and dismbuuon functions. Supporting workpapers that fully and clearly explmn thc forecast adjustments to the total shall bo included in the workpaper section. S¢t~.Di.;t~ C RA'I~ OF ~ III-C: Rate of Return Calculation The rate of return to be used shall be based upon the uUhty's weighted average cost of capital at the end of the Forecast Year A schedule showing the calculation shall be provided using the utallty's capital sti'ucture and its weighted average cost of debt and preferred stock The uUl,ty may propose a cost of equity sufficient to attract capital in the market The uuhty shall provide support justifying its belief that its proposed cost of equ,ty ,s reasonable As an altemaUve, which the comnusslon shall presume to be reasonable, the ut~l,ty may propose a cost of equity equal to the average y~eld for bonds of the utihty's credit raung published in Moody's Credit Perspectwe or slrmlar pubhcat~on dunng the most recent three months, plus two percent Supporting documentaUon shall be provided for the average bond y~elds used in the alternative cost of equity calculat, on. The utahty may add to thls calculauon Its proposal for lncenuve mechanisms based on &smbut~on performance and transrmsslon company independence, although these will not be presumed reasonable SCHEDULE D OPERATION & MAIlqTENANCE EXPENSES III-D-1. O&M Expenses This schedule shall include the utlllty's overall operations and mmntenance expenses according to FERC accounts 500 - 917 for the Forecast Year It shall beg~n with the corresponchng I-hstone Year expenses presented on the corresponding I-hstonc Year schedule AdchUonal columns shall present forecast adjustments to the historic expenses necessary to reach the Foremast Year expenses SupporUng workpapers that fully and clearly explmn the foremast adjustments to the total shall be included In the workpaper seeuon PresentaUon shall be such that amounts can be reachly deterrmned and all costs to be included m each function shall be referenced to the detmled schedules and/or the appropnate workpapers, computauons, and analyses III-D-2: A&G Expenses Tlus schedule shall show the annual expenses m FERC accounts 920-935 for the Forecast Year It shill belgn with the eorresponchng I-hstonc Year expenses presented on the corresponchng I-hstone Year schedule Addmonal columns shall present forecast adjustments to the h~stone expenses necessary to reach the Forecast Year expenses Supporung workpapers that fully and clearly expimn the foremast adjustments to the total amounts shall be included in the workpaper section 35 SCHEDULE E OTHt~ ITF_dViS III-E-1. Depreciation Expense This schedule shall show the utlllty's overall unbundled deprecianon expense for the Forecast Year for ut}lity plant and shall be based on Comnusslon-approved depreciation rates If a utihty docs not have Comnusslon approved deprecmtton rates, deprec, at~on shall be calculated based on the rates approved by the ut~hty's guvern,ng body Documentation suppomng the approval of the depreclafuon rates used shall be provided. Utility plant depreciation rates and functionally unbundled depreciat{on expense shall be shown by FERC Account To calculate the unbundled deprec,atlon expense for the Forecast Year, the utility shall be{un w~th the I~stonc Year expense for each funcr, on Ad&tional columns shall present the forecast adjusuncnts to the I-hstonc Year whwh are necessary to reach the Forecast Year Only plant in scrv:ce projected to be ra scrvlce at the end of thc Forecast Year shall be allowed Ail adjustments appeanng on this schedule shall be referenced to detmled workpaper~, computaUons, and analyses Presentation shall be such that amounts can be reachly detenmned and all costs to be Included ,n each function shall be referenced to the detailed schedules and/or thc appropnate workpaper~, computations and IH-E.2: Taxes Other Than Federal Income Taxes Thts schedule shall show the amount of other taxes, excluchng federal income taxes, for the Forecast Year. It shall begin w~th the corresponchng I-hstonc Year expenses presented on thc corresponchng I-hstonc Year schedule Ad&tmnal columns shall present forecast adJustments to thc h~stonc expenses necessary to reach the Forecast Year expenses III-F,-3: Federal Income Taxes Federal Income Taxes will be calculated asmg the return method for the Forecast Year Supporung ,explanatmns and calculations shall be referenced to th~s schedule, and if not found elsewhere in the UCOS-RPP, shall be provided as workpapera to this schedule It shall be/gn w~th the corresponding Historic Year expenses presented on the correspondmg I-hstonc Year schedule Ad&tionul columns shall present forecast adJustments to the tnstonc expenses necessary to reach the Forecast Year expenses The utihty shall provide a full explansaon and suppomng documentaaon to demonstrate comphancc~w~th PURA §36.060. Schedule m-F,-3 shall provide a narraave cxplanauon of the expected unpact of tho Business Sopanmon Plan upon the filing of consolidated tax income tax returns This schedule shall provide the amount of any consohdated tax savings adjustment included m the ulflity's rate filing. In addition, the utihty's workpapers shall quantify the h~stonc and forecasted taxable Income on a conschdated bas~s, for each regulated affihate, and for any net taxable losses incurred by unregulated affiliates III-E-,l: Other Expenses Th~s schedule shall show all items not classified elsewhere All items shall be ~dcnufied on an ~tem by item basis and suppomng workpapers shall be provided It shall beg~n w~th the corresponding I-hstonc Year expenses presented on the corresponding l-hstonc Year schedule Additional columns shall present forecast adjustments to the h~stonc expenses necessary to reach the Forecast Year expenses. 36 III-E.5. Other Revenue Items (credit) Other revenue crechts shall be chrectly assxgned or ~tenuzed and funcuonal~zed i1~ this schedule Suppomng documentation shall be provided It shall begin w~th the corresponchng I-hstonc Year revenues presented on the corresponchng l-hstonc Year schedule Adchuonal columns shall present forecast adJustments to the historic revenues necessary to reach the Forecast Year revenues 37 SC~.DUL~,I FORECAST YEA~ Bn s.r~o DETERMINANTS If a jurisdictional alloeat, on Is performed ,n the cost of service study, provide Schedule I mformataon on a total utahty. Texas. and otherjunscheUon bas~s unless otherwise mdacated If no alioeataon ts performed, provide all Schedule I mformauon for the Texas juns(hcuon only Provide requested &skette data on IBM-compatable computer .'hskettes In lVhcrosoft Excel worksheets or pnnt files If Excel ts unava,lable, prov, de chskette data m ASCII format All Schedules shall be ldentacal ra format to their counterparts ,n the rate fihng package ~n¢iu(hng all formulated cells All data sones shall be in column vector form. that la, one data sones per column Clearly label each data sones References to "system peak" in&cate the peak of the transnuss~on and ahstnbuuon uuhty system III-I-1: SummAry of Forecast Year Adjustments Schedules ]]~-I-IA and HI-I-IB shall be provided m both hardcopy and d~skette formats The uUhty shall provide the forecasted billing detarnunants and base revenues under each tariff existing at,the end of the I-hstonc Year for the Forecast Year In ad&uon, the uuhty shall provtde the following' A Provtd0 the following Forecast Year data by rate class and byjunschcuon If adjustments to these are performed by geographic dw~sions, provide the data by chvlslon 1. Forecast number of customers. 2 Forecast Year kWh (unadjusted) forecast sales 3 Increase or decrease m kWh sales due to adjustment for demand side management (DSM) and Interruptable load. 4 ~l'otal adjusted kWh sales B Provide the data tn HI-I-lA above by month of the Forecast Year Information supplied m Schedule HI-I-lC may represent estamates ff the utahty ~s unable to provid~ actual data. C. Pm,nde the following unadJusted Forecast Year data by rate class and by junschctaon for each month of the Forecast Year:. I Nor ERCOT utahtms, coincident peaks at the source Cousbar) and at the meter at t~me of ERCOT peak 2 Coincident peaks at the source Cousbar) and at the meter at tame of system peak 3 Non-coincident (class) peaks at the source (busb.~') a~.d at the meter 4 Energy sales by voltage level at the source (busbar) 5 Energy sales by voltage level at the meter 6 Monthly class coincidence and load factors based on load research analys~s 38 Information supplied In Schedule II/-I-ID may represent estimates if the uUhty is unable to provide actual data D Pwv~de the following adjusted Forecast Year data by rate class and by junschctton for each month of the Forecast Year I For ERCOT uUlmes, coincident peaks at the source Cousbar) and at the meter at t~me of ERCOT peak 2 Co~ncident peaks at the source Cousbar) and at the meter at nme of system peak 3 Non-coincident (class) peaks at the source Cousbar) and at the meter 4 Energy sales by voltage level at the source Cousbar) 5 Energy sales by voltage level at the meter 6 Monthly class coincidence and load factors based on load research analysis for the Forecast Year and, if records allow, for the three previous years E Provide the system load factor for the Forecast Year and for each month of the Forecast Year For the Texas junschct~on only, pmxade any adjustments for DSM and Interrupt~ble load made to Forecast Year kW actual demand, the unadjusted kW actual demands to winch these adjustments are performed, and the resultant adjusted kW actual demands Provide these data by rate class Provide a nammve explanauon for all adjustments made to Forecast Year openmng stat~sucs provided above in Schedule lll. I.I Provide total system and Texas, if applicable, peak demand and peak demand by rate class for the Forecast Year and for each month of the Forecast Year at ume of ERCOT peak, for ERCOT uuhues, and at umc of system peak Using adjusO:d Forecast Year kwh, prowde the total system and Texas, ~f apphcable, percentage break down of rate class sales in each revenue class Provide total system line loss calculations III-l.2: Forecast Year Sales and Demand Forecast Schedules III-I-2A and III-I-2B shall be pmv~dad in both hardco'~y and d~skette formats A Provide thc following sales and demand data on a monthly bas~s for the Forecast Year I Total system kWh sales at the source (busbar) and at the meter 2 Total Texas junschct~on kwh sales at the source (busbar) and at the meter 39 3 Total system peak kW at the source Cousbar) and at the meter 4 Total Texas jurisdiction peak kW at the source (busbar) and at the meter at time of ERCOT peak, for ERCOT utlhUes, and at t~me of system peak B Provide the following sales and demand data on a monthly basis for at least twelve years (enchng with the first month of the Forecast Year) Idenufy all kWh sales which are not subject to the fuel, factor calculanon In&cate the historical and forecasted ume periods for each data series 1 kwh sales at the meter by rate class and by voltage level for the Texas.lunsdictlon 2 ~kwh sales at the source (busbar) by rate class and by voltage level for the Texas junsdictmn. 3 Total system kwh sales at the source Cousbar) and at the meter 4 Coincident peak kW by rate olass at the source Cousbar) and at the meter for the Texas jurisdiction 5 Noncolncldent (class) peak kW by rate class at the source Cousbar) and at the meter 6 Total system peak kW at the source Cousbar) and at the meter III-I-3: Weather Data Schedule I11-I-3 shall be provided In both hardcopy and diskette formats. A Prowde at least fifteen years (ending wtth the first month of the Forecast Year) of the- following monthly weather data by weather station for the utihty's service terntory or system Provide the name of ~.ach weather station and the apphcable service temtory State how the delFeo gays are defined incluthng all calculations. Indicate the [ustoncal and forecasted Ume l~nod~ for each data sones: I Actual heaung degree days. 2 Actual cooling delFoe days. B Furmsh the following data provided in Schedule III-I-3A for the Forecast Year on a monthly basis. 2 Normal~ooling de, rea,days (fomoast). C If not already provided in Schedules rll. I-3A and HI-I-3B above, furnish addmonal responses to these Schedules using a 65°F base temperature III-I-4: FOrecast Year Fore,_sst Models Provide the following ~nfonnatlon m Schedule ffI-l-4A for the models both before and after any corrective procedures (e g, for autocorrelation) are applied Clearly ~dentffy and describe any corrective procedures applied to the models A Furnish the following for each model used to derive Forecast Year sales and demand forecasts provided m Schedule III-I-2A and customer forecasts provided In Schedule IH-I-IA, above 1 The name and version number of any computer econometric or statisUcal packages used to develop the utfllty's models For proprietary models, provide a detailed narrative of the operauons and logm of the model 2 For models based on econometrics or statistics, a statement, by model, of the funcuonal form of each of the equations lncluchng a The esumated coefficients, their standard errors, and t-statistics b The R-squared and AdJusted R-squared c The Durbin-Watson "d" statisuc and any other statistic used to estimate the degree of autocorrelation tn the disturbance terms d The sum of squared residuals e The standard error f The number of observauons used m the analysis g The F-statistic h The sample period and penodicity of each model A description of each variable used m each model including any logm or calcolaUons used to denve the variables 3. Provide a complete hst of all forecast components based on expert judgment, customcr-spocffic data, or other non-model approaches to forecasting Descnbo how each component was deterrmned Schedules IlI-I-4B and HI-I.4C shall be provided in both hardcopy and diskette formats The vanables and the periodicity of thc variables shall match the Response m Schedule In.I-4A B Using thc followmg format, pro,nde all data used by the utihty to develop the models m Schedule llI-I-4A Clearly ~dentify each equation and each variable used m each model Provide each variable m the final form m which It Is used ~n each equation Dates First Variable Second Third Variable Variable 41 C Using a strmlar worksheet and d~skette format as ~n Schedule I]]-I-4B, furnish all variables ~n their raw form, prior to any transformations The variables and the penochclty of the variables shall match the response In Schedule ]II-I-4B Provide all mchces used to deHate data senes III-I-5: Economic and Demographic Data Schedule III-I-5 shall be provided ~n both hardcopy and d~skette formats A Provide, to the extent records allow, at least fifteen years (enchng w~th the first month of the Forecast Year) of the following monthly data for the uuhty's service temtory, system, or other basis used m the forecast In&cate the h~stoncal and forecasted Ume periods for each data senes I Number of customers by rate class 2 Revenues from sales of electricity 3 Population 4 Total employment $ Total non-agricultural employment B Proxade, to the extent records allow, at least fifteen yea~ (ending w~th the first month of the Forecast Year) of the following monthly data for the uuhty's service temtory or aystem Define and proxade the index used to convert the data from nonunal to real In&cate the historical and forecasted ume periods for each data series I normnal personal income 2 real personal raceme C Pro,nde, to the extent records allow, at least fifteen years (endng with the first month of the Forecast Year) of the following monthly data by rate class State how the price variables are defined. Identify and provide the index used to convert the rl,~ta from nonunal to real Indicate the lustoncal and fowmated amc penoda for each d~_~ aeries' I nonunal price of electricity 2 real lmCe ofeleemc~ty 42 $~UI~ ,[ CLA~S COST OF SERVICE Thc utihty shall file an embexidexi cost of servlcc study at a proposed rate of return and workpapers nec~sary to support such a study The study shall show the funcuonallzation of the utihty's Investments, exl~nses and other ol~rating revenues and show the allocation of such ~tems to lnchv~dual rate classes for the TRAN, DIST, MET, TD-B~.I.. A-BnL. and TDCS fanctions These schexiules shall be tilex[ on IBM-compatible computer diskettes m Microsoft Excel (preferred), Lotus Symphony, Lotus 1-2-3, or ASCH format Ill-J-l: Class Cost of Service Analysis ^ cost of service analys~s, for thc Forecast Year shall be completed to show the allocation of rate base, e×pense, s and other operaung revenues to the TRAN, DIST, MET, TD-BII.I.; A-Bn'.I.. and TDCS functions IH-I-l: Class Allocation Fac~rs I Provide a hstin§ of allocation factors and associated data, which shall include the following ~nfonnation for every factor, used to assign costs to a rate class a Thc designation of ~he allocatmn factor used m Schedule Ill-J-I b A narrative description of the allocation factor ff code das~gnation ~s usexi c Thc r~lative (dac~mal rcpre~sentations of percentages) amounts constituting the allocation factors d. Thc absnlu~ amounts consti~ultnl.~ the factors. III.J-3: Transmits|on Functional Cost of Service for Forecast Year (Non-ERCOT only) This schedule ~s cost of service summary for transnussmn service, proformext to the Forecast Year, based on the rcsulls r~flected ~n Schedule 1I-.1-3 IH-J-4: Transmission Cost of Service by Clsa~ (Non-ERCOT only) A transratssmn cost of service analysts, proformed to the Forecast Year, shall be prepaxed to develop a revenue reqmrement for each class of servlce The study should use the Forecast Year bflhng detemunants and the FERC-approved Open Access Transnuss~on Tariff IH-J-S: Class Allocation Factors - Trsm~mi~on Service (Non-ERCOT only) Prowde a hsttng of the bflhng detenmnants assocmted w~th the FERC approved Open Access Transn~ssmn Tariff by rate class used to allocate transnuss~on costs to a rate class 43 S~-CT~ON IV: I~RCOT WHOLESALE TRANSMISSION COST OF SERVICE (TCO$) The schedules m this section summanze an investor-owned utlhty's wholesale transrmsslon costs of service (TCOS) m ERCOT The objecuve ~s to have a complete TCOS study m one place Many of the schedules listed here would contmn the same information as m Sections ri' and For these schedules, a clear reference to the correspond,rig schedule or specific columns in the corresponding schedules In Sections II and ITl wall be sufficient i In the electromc version of the filing, the summary schedules m Section IV should be properly linked to the appropnate schedules in Secuons 1I and Ill if these schedules arc not repeated In SecUon IV For other schedules m this secuon where the data are different from the corresponchng schedules In the precedm§ two sections, full information should be presented in the schedules in Section IV and the summary schedules in Secuon IV should be linked to these data in these schedules. IV-A: Summary of Wholesale Transw!_~slon Cost of Service (TCOS) - Forecast Year (See Attached Form) Th~s schedule shall summanze the utility's overall Wholesale Transnussion Cost of Service for the Forecast Year inolu&ng but not hmited to, depreclauon expenses, income taxes, and taxes other than income taxes developed from the supporting schedules described herein PrescntaUon shall be such that amounts can be rea&ly detemuned and all costs to be included shall be referenced to the datmled Schedules IV-A-1 - IV-E and/or the appropnate workpapers, computations, and analyses TCOS- HISTORIC YEAR IV-A-l: Summary of Total Cost of Service by Function - Historic Year This schedule shall summarize the utihty's overall Cost of Service for the Hlstonc Year including but not limited to, non-fuel operations and maintenance expenses, ehlgble fuel and purchased power expenses, non-ehigble fuel and purchased power expenses, depreciation expenses, income taxes, taxes other than income taxes, and the return developed from the supporting scherhd~.-~ descnbed herein. The costs shall be unbundled into the nine functions Presentation shall be such that amounts can be readily datemuned and all costs to be included in each function shall be referenced to the detailed schedules IV-B - IV-E and/or the appropriate workpapers, computataons, and analyses IV. B: Unbundllng of Rate Base by Function - Historic Year (See Attached Form) Thc schedule shall summarize the utihty's overall wholesale transnusslon rate base as of the end of thc I-hstonc Year as shown in the attached form Presentauon shall be such that amounts can be readily detemuned and all items included shall be referenced to the detailed schedules and/or the apprepnate workpapers, computations, and analyses Suppomng mformauon may include one-hne chagrams (marked to idenufy transmission, d~stnbtllton.and common facdlUes) of all distribution' substations for which the high side (transmission voltage related equipment) is I For example, for Schedule IV-B-I, the uuhty can just manUon "l'hc same as Schedule II-B-I" Similarly, for Schedule ][V-B(f)-2, the uUhty can write "l'h~ same as thc Uansmlsslon columns (column numbc~) In Schedule II-B-2" included In transn~ss~on rate base, allecauon factors or other documentation necessary to support the separation of rate base 1terns (including "common" fa¢~l:t~es) IV-B-l: Unbundled Original Cost of Plan - Historic Year The same as Schedule II-B-1 IV-B-2: Unbundled General Plant - Historic Year The same as Schedule II-B-2 IV-B-3: Unbandled Communication Equipment - Historic Year The same as Schedule ii-B-3 IV-B-4: Unbundled Construction Work in Progress - Historic Year The same as Schedule II-B-4 IV-B-S: Unbundled Accumulated Depreciation - Historic Year. The same as II-B-4 except that the amount funcuonahzed as transrmss:on should not reflect any adjusmaent to the accumulated deprec:auon of transnusslon assets resulung from red:recuon of deprec:at~on expense as perrmtted :n PURA Sec. 39 256 IV.B-6: Unbundled Plant for Future Use - Historic Year The same as Schedule II-B-6 IV-B-7: Unbundled Accumulated Provision Bal_ance$ - Historic Year The same as Schedule II-B-7 IV-B-8: Unbundled Materials and Supply - Historic Year The same as Schedule H-B-8 IV-B.9: Unbundled Cash Work~ng Capital - Historic Year The same as Schedule H-B-9 IV-B-10: Unbundled Prepaymen~ - Historic Year The same as Schedule H-B-10 IV-B-II: Unbandled Other Rate Ba~ Items - Historic Year Tho ~ao aa Schedule H-B-11 IV-B-12 Unbandled Regulatory A~e~s - Historic Year The same aa Schedule II-B-12 except that any regulatory assev created to accommodate a red~recuon of depremat~on expense as perm~ltted under PURA 39 256 should not be funct~onahzed as transmasslon IV-C: Rate of Return - Historic Year 45 The same as Schedule II-C IV-D-l: Unbundled O&M Expenses - Historic Year The same as Schedule II-D-1 except that whechng expenses (Account 565) and the unbundled transnusslon costs m the purchased power costs (Account 555) shall not be functlonal~zed as transmission. IV-D-2 Unbundled A&G Expenses - Historic Year The same asSchedule II-D-2 IV-D.3 Unbundled Payroll Expenses - Historic Year The same aslSchedule H-D-3 IV-D-4 Summary of Exclusions from the Reporting Period - Historic Year The same aslSchedule H-D.4 IV-E-l: Unbundled Depreciation Expense- Historic Year The same asl H-E-1 except that any redirecuon of depreclaUon expense as pemutted under PURA SecUon 39.g56 shall not be reflected ln,,the mmsnuss~on depreciation expense for wholesale transmissmn cost detenmnauon purposes.' IV-E-2'. Unb~ndled Taxes Other than Income Taxes. Historic Year The same as H.E-2, except for any'effect of the readjustment of accumulated d~prectaUon, regulatory assets, and/or deprecmtion expense as reported m Schedules IV-B-5, IV-B-12, and IV- IV-E-3: Unbundled Federal Income Taxes. Historic Year The same as H-E-3, except for any effect of the readjustment of accumulated deprecmtmn, regulatory assets, and/or deprecuaUon expense as reported m Schedules IV-B-5, IV-B-12, and IV- IV-E-4.' Unbtmdled Other Expenses. Historic Year The same as H-E-4. IV-ES: Unbundled~Rzvenue~Credits~,~w!,toric Year The same aS H-F_~5, except that wheeling revenues shall not be cre&ted to transnuss~on funcuon for the purposes of determining the TCOS. Revenues from transrmss~on of electric energy out of ERCOT over DC ties that Is not recovered through rates for annual planned transnusmon service and revenue from monthly, weekly, and dmly planned transmission service, however, shall be credited to ~e TCOS. '~ TCOS - FO~CAST YEAR IV-A.2: Summary of Wholesale Transmission Cost of Service (TCOS) - Forecast Year (See Attached Form) Tlus schedule shall provide the utH~ty's Forecast Year wholesale transnuss~on co shall beg~n w~th thc I-hstonc Year tran ........... st of service It o,,-~u, cost or service as reported on Schedule IV-A-1 Adchaonal columns shall present the forecast adjustments to the I'hstonc Year which are necessary to reach the Forecast Year All adjustments appeanng on thas schedule shall be referenced to detailed workpapers, computations, and analyses Presentauon shall be such that amounts can be reachly detenmned and all costs to be mcluded m each function shall be referenced to the detmled schedules and/or the apprepnate workpapers, computations and IV-B(0: Summary of Wholesale Transmission Rate Base - Forecast Year (See Attached Form) Thru schedule shall provide the uUhty's wholesale transrmsmon rate base It shall begin w~th the I-hstonc Year<rate base as reported on Schedule IV~B Addmonal columns shall present the t aajustments appeann~ on this schtvl. I,, -~.-,, ,-_ _~_'~"'~'".'~' .oh, ,~o~z snail be allowed. All ....... ~.~ai ~ mrerencen to aetmled workpapers, computauons, and analyses Presentauon shall be such that amounts can be reachly deternuned and all costs to be included in each funcuon shall be referenced to the workpapers, computauons and analyses detml schedules and/or the appropriate IV-B(f).I: Original Cost of Transmission Plant- Forecast Year The same as the transnusmon column of Schedule IH-B-2 IV-B(f)-2: General Plant Fnllctionali~,ed to Transmission _ Forecast Year The same as the transnusmon column of Schedule IH-B-3 IV-B(f)-3: Communication Equipment Functtonallzed to Transmi~on _ Forecast Year The same as the Iransrmsmon colunm of Schedule IH-B-4 IV-B(f).4: Construction Work in Progress Functionalized to Transmission - Forecast Year The same as the Iransnusmon column of Schedule III-B-5 IV-B(f).$.. Accumulated Depreciation Functionally,mi to Transmission - Forecast Year. The same as Schedule lrN.B.6 except that the schedule shall begin w~th the h~stonc year-end bala/aces m Schedule IV-B-5 The amount funcaonaltzed as trmmnusmon should not reflect any adJUstment to the accumulated deprecmt~on of tmnsnusmon assets resulUng from rethrect~on of deprecmt~on expense as pemutted m PUPA Sec 3'9 256 IV-B(0-6: Plant for Future Use Functtonai~ed to Transmission _ Forecast Year 47 The same as the transmission column of Schedule HI-B~6 IV-B(f)-7:~ Accumulated Provision Balances Functionul~zed to Tree,mission - Forecast Year The same as the transmission column in Schedule HI-B-7 IV-B(0-8: Materials and Supply Funetionullzecl to Transmission - Fo ~rec_~st Year The same as the mmsmisslon column m Schedule iII-B-8 IV-B(f)-9: Cash Working Capital Funetionullzed to Transmission - Fore~__et Year The same as the transnusslon column m Schedule HI-B-9 IV-B(f)-10: Prepayments Funetionulized to Tr~_n*mi~-sion - Forecast Year The same as the uansmission colunm of Schedule Ill-B-10 IV-B(0-11: Other Rate Base Items Funeflonullzed to Transmission- Fo ~re~_ et Year The same Ss the transmission column an Schedule m-B-I I IV-B(O-12: Regulatory Assets Functionallzed to T~n~mlee~on - Forecast Year The same as Schedule m-B-12 except that the schedule shall begin with the correspon&ng I-hstonc Year column m Schedule IV-B-12 Any regulatory asset created m accommodate a rechrect~on of depreciauon expense as pemutted under PUPA 39 256 should not be funettonalized as transnusslon. IV-C(f): Rate of Return Calculation - Forecast Year The same as the transnuaslon columns mISchedule III-C IV-D(f}-I: Wholesale Transmission O&M Expenses- Forecast Year The same as the mmsrmssion columns m Schedule Ill-D-1 except that this schedule shall begin with the correspon&ng I-Ilstonc Year column m Schedule IV-D-I Wheeling expenses (Account $65) and the unbundled transmission costs in the purchased power costs (Account 555) shall not be funct~onahzed as transmission IV-D(0-21 A&G Expense Functio~,*#-~,a to T~o~misslon- Fo _re,~ Year The same as the mmsnnssiun columns m Schedule III-D-2 IV-E(f)-I~ Whol~ule Trallsmi~sion Depreciation Expense - Forecast Year The same as Schedule III-E-l. except that this schedule shall begin with the correspond,n§ t-hstonc Year column in Schedule IV-F,-1 Any redirect~on of depreciation expense as pernutted under PURA Secuon 39 256 shall not be reflected m the U'Ta~mtaslon depreciauon expense for wholesale transmission cost deternunatlon pur~oscs IV-E(f)-2: Taxes Other than Income Taxes Functionulized to Transmission - Fore~ast Year The same as Schedule III-E-1, except that this schedule shall begin with the corresponding I~stonc Year column ~n Schedule IV-E-I As a result Schedule IV-E(f)-I may be d~fferent due to the readjustment of accumulated depreciaaon, regulatory assets, and/or depreciation expense as reported m Schedules IV-B(f)-5, IV-B(f)-I2, and IV-E(f)-I IV-E(f).3: Federal Income Taxes Functlonalized to Tnmsmission - Forecast Year The same as Schedule ffI-E-2, except that this schedule shall begin with the correspenchng H~stonc Year column ~n Schedule IV-E-2 As a result, Schedule IV-E(0.2 may be d~fferent due to the readjustment of accumulated depreclauon, regulatory assets, and/or depreclaaun expense as reported m Schedules IV-B(f)-5, IV-B(f)-I2, and IV-E(f)-I IV-E(f)-4: Other Expenses Functionallzed to Transrulsslon - Forecast Year The same as the transnusslon column tn Schedule BI-F_e3 IV-E(0-$: Other Revenue Credits Functionalized to Transmission - Forecast Year Thc same as Schedule III-E-4, except that this schedule shall begin with the corresponchng I-~stonc Year column in Schedule 1V-E-4 Wheeling revenues shall not be credlte~ to tranan~ss~on funcuon for the purposes of detenmnmg the TCOS Revenues from tranatmss~on of electric energy out of ERCOT over DC t~es that ts not recovered through rates for annual planned transnusslon servtce and revenue from monthly, weekly, and dmly planned transrmsslon service, however, shall be crechted to the TCOS IV-L: Peak Demand Data for June, July, August & September- Forecast Year: The sehedule shall provide the uuhty's peak demand, and the peak demand of wholesale customers served under bundled contracts or rates, at the t~me of ERCOT peak for June, July, August, and September of the twelve month periods ending December 31, 2002. The schedule shall show, for the peak hours, the uUhty's net hourly generation, wholesale purchases, and the wholesale sales to each wholesale customer. For eaah wholesale customer, the schedule shall show whether the sales are under a bundled contract or noL 49 RAT~ D~IGN SCHI~UL~ M IL~TI~ DF_SlaI~ V-M-I~ Revenue $u~a~ ~ow~ the following m ~bul~ fo~ by mt~ cl~s ~d for the s~tem for ~e ~st ye~ for · e following Column 1. ~ston~ Ye~ b~ ~m ~venue ~m~ment for ~h of ~ rune funoUons Colu~ 2- Fo~t Y~ b~ rote ~venue ~m~ment for e~h of ~ s~x funcuons Colu~ 3 - ~stono Y~ T~ssion b~e m~ ~venue ~m~ment Colu~ 4 - Fo~t Y~ T~s~ss~on b~ m~ ~venu~ ~m~ment ~1~ 5~- ~stono Y~ Dis~buflon b~ m~ ~venue ~m~m~nt (sum of DIST, Column 6- P~t Y~ D~s~bufion b~e m~ ~venue ~m~ment (sum of D~T, Col~ 7 - ~st~c Y~ M~dng b~ rote ~venue ~m~men~ Col~ 8~- Fo~t Y~ M~nng b~ ~ ~venue ~m~ment Col~n 9 - ~stonc Y~ SBF ~v~n~ ~m~ment Colu~ 10 - F~t Y~C ~v~n~ ~mmment For ~h new ~on~ ~ or o~er ~ ch~e ~ p~ by P U C S~ST R 25 342(0~) ~d 25,~2(0~r ch~ge m ~ ex,sung ~li~us ch~g~ which ~ A brief ~pUon of ~ c~ge. b. ~ ~ uuh~ pm~ cost ~us~ficauon for ~e c~a~on of pm~ new ~te ~d ~lly explmn ~y ~on ~m ~st causation pnnc~ples V-MM~ ~d R~ Dam a For ~y ~ cl~s for which ho~iy dem~m (or ~m~d ~m for rate. Ms sho~er th~ one ho~) ~s ~vmlable for ~h customer m ~e cl~s, pm~d~ the following mfo~a~on for ~ch m0n~ of ~ ~stonc Ye~ 5o I Sum of customer non-coincident maximum demand 2 Rate class peak demand 3 For chstnbution utllmes which cannot obtain system cotnc~dent demand data, provide estimated ¢ontnbuUon to system billing demand b For any rate class for which hourly demand data (or demand data for intervals shorter than one hour) is av~ulable for a sample of customers, provide the following m tabular form by sampling strata for each month of the I-hstonc Year Column 1 - Strata bounds Colunm 2 - Number of meters in sample Column 3 - Average kWh consumpuon Column 4 - Customer non-coincident maximum demand. Column 5 - Contribution to rate class peak demand Column 6- Contnbuaon to system peak demand or, for chstnbuuon utilities wluch cannot obtmn system coincident demand data, esmnated contnbuuon to system billing demand Provide a btll frequency study for rate classes for which the above tabular tnformaUon in (b) has been provided. The bill frequency shall relate customers in a rate class populauon to the rate class strata. A bill fxequency block shall be enUrely contmned within a single stratum boundary One stratum may be comprised of more than one bill frequency block Describe the method by which the ontnbut~ons shown in Columns 5 and 6 above were "C obtmned from the load research data. c For rate classes for which Information has not been provided tn (a) and/or Co) above, provide a description of the methodology used to develop damand estimates, lnclu&ng the sources of any data used to develop these estimates Note The kW demands requested m Schedule V-M-4 Co) are defined as follows Customer Non-comctdent Maximum Demand - For each stratum, this shall be the average of the customers' maximum demand, regardless of t~me of occurrence Contnbtmon to Rate Class Peak Demand- For each stratum, thts shall be the average of the customers' &versified demand coincident vnth the Ume of rate class peak The rate class peak is defined as the t~me at wluch the weighted avcrage d~verslfied demand of all sampled customers for thc rate class ~s at its peak Contnbtmon to 5"ystem Peak Demand - For each stratum, this shall be the average of the customers'chverslfied demand coincident with the ume of system peak V-M-$ Justification for Consumption Level-Based Rates Pro,tide the uulRy's proposed cost justification for cons~paon level-based rates A consumpuon level-based rate is characterized_by a charge per kWh based upon a gwen customer's consumptaon level over some time interval Dochmng block, inverted block, and block extender rates are examples of consumpuon level-based rates V-M-6: Proof of Revenue Stutement 51 Provide a proof of revenue statement (sometimes known as a pro forma revenue statement) showing expected or estimated adjusted billing units, proposed prices, and the resulting base rate revenue and fuel revenue for the proposed rate classes for each of the six functions, as well as for CTC collecuon, and SBF collection The result shall show total expected revenue by rate class and shall conform to the requested revenue by rate class The sum over all the rate classes and funeuons shall equal the total requested revenue of the ut, hty The total adjusted kWh sales used ra th~s proof of revenue statement shall correspond to the total adjusted kWh sales ,n Schedule HI-I-IA Esumates of bfihng umts are acceptable Altemanve data, such as pro forma adjustments to revenues rather than bfihng umts, may be allowed to substanuate the recovery of proposed revenue as long as a narrative explanaUon of the denvanon of the revenue adjustments from the kWh ad. lustments and customer adjustments shown ~n Schedule llI-I-I ~s provided. In all eases, enough mfonnatson must be prov,ded so as to allow for the denvauon of reasonably seeurate prices under altemaUve class revenue targets and altemauve class kWh sales The uuhty may reserve the nght to prowde exact pnces denved from its actual bfil,ng records for final rate detenmnation purposes For uUl,ues w~th muluple junschct, ons, mfonnauon provided need only be sufficient to produce a proof of revenue statement for Texas reta,I revenues V-M-7: Rate Design Analysis Data Prowde estimated bfihng detemunants, w~thout ratchet provisions, for peak and off-peak ponods as defined by the utfi~ty's proposed tariffs, for all classes for which hourly demand data (or demand data for ~ntervals shorter than one hour) is available for customers colleetsvely accounting for over 50 percent of class sales SECTION VI: AFFILIATE DATA GEN'I~.AL INSTRUCTIONS FOR AI-I-u.IATE SCHEDULES I ~e ~hate fihng ~u~men~ apply to ~ ~COT ~d non-~COT comp~es m Tex~ ~ou~ mm~ juns&cfion over ms~ss~on ~s exe~ by ~C for non- ~COT ~mp~l~, ~e m~-fihng pac~ge wdl mclu~ ~s~ss~on ex~nses N ~ ex~p~on for a non-~COT u~hty ~s d~m~ n~ss~, ~t sh~l ~ not~ m ~e rote fihug pac~ge 2 Unless o~e~se o~ by ~C, ~e ~fimuon of ~s~ssmon ~d ~smbuuon ~s~ for pu~ of &~s fihng sh~l ~ c~na~ ~d conssstent w~ ~e ~fimuon of &~ cos~ m ~ssion Subs~veRule 25.341 Appmpna~ cons~demuon sh~l ~ ~ven to ~e ~ pww~ by ~C ~wu~ ~ a~ount cl~mficat~on ~d func~on~ d~pfions. 3 F~lp~ of ~is filing, ~s~ss~on ~d &smbuuon cos~ sh~i mclu~ ~s~ss~on- ~i~ ~d ~smbugon-~la~ oos~, e ~, ~s~ss~on-~la~ ~d &smbut~on-~la~ 4 ~ ~ '~ ~k" is ~e ~stogo Y~ ~out p~fo~a ad~us~en~ ~6 ~ "net ~u~" ~ ~for ~ l~m is ~ ~stonc Y~ w~ ~fo~ ~d fo~t ~j~en~ to ~e ~t Y~ ~d ~p~n~ ~e ~venue ~m~nt on whwh ~ ~ ~s~ss~on ~COT only) ~d ~smbuuon m~ ~ to ~ ~t ~-N-1A Sch~ul~ sho~n~ ~hate ex~n~ by ~C ~ount ~u~ ~d subto~ by ci~s of ~ms for ~e ~s~no Y~. ~-N-1B ~ Soh~e ~d ~-N-2A Soh~ul~ sho~n~ ~hat~ ~x~n~s hs~ by ~fihate by ~C account on a ~r ~k b~s, s~fi~ p~fo~ ~n~; ~d on ~ ~ b~s fo~ ~stonc Y~ ~-N-2B Sch~ule showing ~fihate ex~ns~ hs~ by ~hate by ~C ~ount on ~ ad~t~ b~is for · e ~stonc Y~ s~lfic pm-fora adlus~en~, ~d on ~ ad~us~ b~s for ~e Fo~t Y~ VI-N-3A Orgamzat~on chart for the ut~hty system showing both regulated and non-regulated affihates as of the end of the Historic Year VI-N-3B Organlzauon chart for the utahty system showing both regulated and non-regulated affihates as of the end of the Forecast Year VI-N-4A Description of types of services provided by other affiliates to the utility for the I-~ston¢ Year VI.N.4B Description of types of semces provided by other affihates to the uuhty for the Forecast Year VI-N-SA Schedule showing capital projects by affiliate amounts closed to plant-ln-servw, e as of the end of the Historic Year since the last base rate case or four years, whichever is shorter, unless ordered otherwise, an~ a chscusston of the stgmficant projects based on amount or project category VI-N-b'B Schedule showing trarlsmlsslon and d~stnbuuon capital proJects by affiliate amounts closed to (- plant-tn-servlca from the end of the H~stonc Year to the end of the Forecast Year, unless ordered otherwise, and a chscusslon of the slgmficant projects based on amount or project category VI-N-6A Schedule showing adJustments to per book costs for the H~stonc Year m¢luchng the descnpUon, purpose, and amount for each adjustment. Ttus schedule must correlate with the Schedule VI-N- 2A hsung pro-forms adjustments to Historic Year For any adJustment where a d~fference exists I~twecn Schedule 2A and this schedule, a reconcthataon must bo provided. VI-N-6B Schedule showing adjustments to adjusted I-hston¢ Year transrmaslon and/or d~stnbut~on costs m¢luchng the descnpuon, purpose, and amount for each adjustment. Tlus schedule must c'°rrelat~.,witltt$c, hedulo-,lVI-N-2B,~hstmg~pro, fonna adjusffnents to the adjusted Historic Year For any adjustment where a chfference exists between Schedule VI-N-2B and th~s schedule, a reconc~hat~on must bo pro~nded VI-N-7A For each class of affiliate charges in the I-hstonc Year, this sche4tule will show the categories of services Included ~n the affiliate transmission and ~hstnbutlon cosl~.~, the amount in the I-hstonc Year;, a discuss~on of necessity and reasonableness of the services/costs, and a "no h~gher than" standard analys~s 54 For each class of affiliate charges m the Forecast Year, this schedule will show the categories of services m01uded in the affiliate transnusslon and chstnbution costs, the amount m the Forecast Year;, a chscussion of necessity and reasonableness of the servicas/costs, and a "no higher than" standard analysis This schedule shall dotml per book affihate expenses to other affiliate compames by FERC account. This schedule format shall list the affiliate company providsng the ldenufied service VI-N-gA 'Flus schedule shall consist of a description of tho affiliate billing process, lnclud,ng the manner in wluch costs are recorded by projecffacuwty code or work order and the process by which costs are allocated to each affiliate. This schedule shall include allocatmon formulas and their denvaUonsl for the I-hstonc Year. VI-N-gB Thts schedul~ shall consist of ade. st~ption of th~ affihate billing procoss, ln¢luchng the manner in which c0st~ are rexorded by proje~l/aot~vtty code or work order and the pro~¢ss by which costs are allocated to oath affihate Tius schedul~ shall include allo~atzon formulas anti their ~nvaUoasr for the Fore~ast Year. VI.N-10A Tius schedul~shall de. scnb~ controls ~that am m placx dunng th~ t-hston¢ Year to ensure appropr~a~ hilling for affihate s~rvtc~s. The~.controls shall m¢lud~ (but shall not be hrmted to) controls r~lated to internal auchts, oxternal t~v~¢ws, frequency w~th wluch alloe.~auon formulas are updated and internal proexclure~ for challanges to affiliate cxpense~ billed (such as billing r~v~¢w ¢omrmttees and pro~esses for corr~:tion of bdhng ~rrors) VI-N-10B ~ Tins sch~dulo shall clr.~x~b~ controls that ax~ tn plac~ dunng thc Forecast Year to ansum appropnato hdhng for affiliate st~-vt~es. The~ controls shall m¢lud~ (but shall not b~ lmuted to) controls t~lated to internal auchts, external revt~ws, frequency wtth wluch alloe.~on formulas am updated and internal procx~dure~ f~.or,~.~nge~,to affihate~xpensea btllexl (such as btlhng rewew cornmltt~s an,d~ rot ~ ~-~on ~f bllling~'lx~rs). Th~s sch~ule shall show the bdhng m~thods used by affihates to bill net requested u-ansnusslon and cllsmbbtion costs to the uuht~t. ~-N.12 _ _ This schedule shall show the amounts and percentages of each expense by funeuon billed to the uuhty and each affiliate for e~_ch bdhng mctho~F.. Workpapegs shall b~ prov~cled to show the calculauon of the net requested affiliate amounts m the level of d~tail n~.:~ssar~' for the Conumss~on and other parues to duplicate and track the calculaUon of the costs uUhty has presented for recovery These workpapers shall ~nclude but shall not be hnuted to a descnption of the manner m whwh the affihate costs and schedules are presented, affiliate costs by w~tneas, by class and by projecl/actw~ty code or work order;, project/actwtty or work order summaries, affihate bllhngs by FERC account and class, affihate bdhngs by class and project/activity code or work order;, and affihate billings by class, FERC account and by projec~/act~vity code or work order I To the extent that the affiliate standard prescribed by §36 058 of PURA is applicable in tlus filing, it shall only be applied to the following costs' for ERCOT companies, to transnussion and dastnbuuon iT&D) costs, for non- ERCOT companies, to chstnbuUon costs However, m order to satisfy the requirements of §36 058, the Comnussion and other part, es will be provided the affiliate costs charged to other funcUons as well as other affiliates 2 For purposes of complying with the provisions of § 36 058 of PUPA reqtunng proof on a class o:f serwces or items basis, transrmssion and d~stnbut~on costs are to be presented in a sufficient number of e/asses (e g, transrmssion operations, trananuaston mmntonance, chstnbuuon operations, d~stnbuuon maintenance, FERC accounts 580 - 582, FERC accounts 583-586, FERC accounts 589-593, or other logical groupings of services) to allow appropriate evaluaUon by the Comrmss~on 3. The follovnng are examples of the types of evidence that may be presented to support the uuhty's burden of proof for the recovery of affiliate costs a. lustoncal cost trends; b process Improvements mined at achieving efficiency, c benchmark data. It is acknowledged that benchmark comparisons may not be available for all ~ransrmsslon and/or d~stnbut~on-related costs To the extent that certmn relevant costs are not included in the benchmark data used for comparison purposes, other evidence may be provided to address those costs d. outsourcmg results; e. proof of customer benefit; f. a showing that senncea-are not duphcated at tho uahty; g compenson of Hastonc Year costs to costs that would be expected If the uuhty were a stand-alone company, cost control processes (e g, budget, biihng, au&ts), reviews by independent third pames, operational performance stat~stws, mformat~on regarding quality of management, servwe performance metrics, ~ staUstacs, and SAIDI/SAIFI data, FERC Form No I data. The items listed above are for illustrative purposes only;-Ihe utahty shall provide whatever mformataon is necessary to meet its burden~of proof 4 Transnuss~on and/hstnhuuon expenses will include an ass~gnment/aliocaUon of amounts (hereinafter referred to as "assigned expenses") not recorded in tnmsnuas~on and thstrlbut~on expense FERC accounts 560 - 598 (e g, A&G FERC accounts 920 - 935) 56 The expenses accumulated under accounts 920-935 shall be aggregated ~n classes, w~th sufficient detail prowded to enable the Conuxuss~on to evaluate 57 SEC'r~ON VII: OTHER SCHEDULES SCHEDULE O COMI~EtTY~ V'E ENERGy SERVXCES This schedule shall present the followtng information by compeuuve energy service as defined by Commission SubstanUve Rule 25 343 (relatang to Compeuuve Energy Services) Column (I) Name and bnef descnptaon of competitive energy service Column (2) Date the uUhty plans to cease provichng the compeuUve energy service Column (3) Average annual cost for the pmviston of the compeuuve energy service, including but not hn-ated to, threctly assigned or allocated costs associated with personnel, corporate support and related services, computer systems, adrmmstratave/operauons/mmntenance expenses, and ali other assets/expenses related to the proviston of this compet~tave energy service The costs reported under this column should reflect the mfonnauon reported under Secuon L of the uUhty's Business SeparaUon Plan Filing Package (BSP-FP) Column (4) Average annual bllhng deterrmnants assocmted with Column (3) where the cost detenmnatlon Ir related to a competatave energy service which is offered on a customer-specufic basis Column (5) ProJected cost recovery from the date reported In Column (2) through December 31, 2001 (a) For services In Column (3) which are not provided on a customer-specific basis, the projecuon should be based upon the average annual cost, prorated from the date in Column (2) through December 31, 2001 (b) For services m Column (3) which arc provided on a customer-specific basis, the proJeCtion should be based on the product of Column (3) and Column (4), prorated from the date m Column (2) through December 31, 2001 Column (6) Eotplanataon m&caUng whether the cost for this service Is an allocated or chrectly assigned mount. If allocated, include a detmled descnpuon of the allocation methodology used 58 SCHEDULa P TRANSMISSION AND DISTRIBUTION UTILITY CUSTOMER SERVICES This schedule shall present the following information for each transmission and distribution utthty customer service Column (1) Name and brief description of each service or acuvity the utility proposes to ~nclude within this funcUon Column (2) Bnef.lusuficauon for the transmission and &stnbuuon utdny's provision of thls sel~'lce Column (3) Average annual cost for the provmon of th~s service, mcluchng but not hrmted to, d~roctly ~s~gned or allocated costs associated with personnel, corporate support and minted services, computer systems, adrmmstrat~vedoperat~ons/mmntenance exp~nses, and all other ~sets/expenses related to the provmon of this service Colunm (4) PERC account~ (Costs) (these accounts denote the locanon of the booked cost) Colunm (5) F.,xplana~on mchcat~ng whether the cost for this service is an allocated or &roctly resigned amount If ~llocated, include a detmled de~cnptmn of the allocation methodology used 59 SECTION VIII: STRANDED COST ESTIMATION This schedule ts the format through which utilities shall propos~ a stranded cost estimation to use in the compotmon transition charge that they are proposing pursuant to PURA 39 201(g) and (h) It shall be completed by the followln§ five utilities 1 TXUElectn¢ Company, 2 Rehant Energy HL2cP, 3 Central Power & Laght Company, 4 Entergy Gulf States, lnc, 5 Texas-New Mexico Power Company These utlliRes wore selected because reports pubhshed by the Comnusslon ina,cate that thctr stranded oosts have been stgmficant Other investor-owned uUhUes are not required to complete thts schedule. Each utility filing an ECOM esumate shall provide the name and telephone number of a techmcal contact capable of responchng to Staff quesuons regar~ng the uuhty's fihng. Quesuons regarchng~ the instructions contmned in this schedule or use of the ECOM model should be &rected to Commission staff members Slade Cutter (512)936-7437 or Ms Martha I-hnkle at (512)936-7435 SC~mDUL~ Q: QU/0,au.,CAT~ON OF ECOM' I. C~n~ral Instructions: S~hedule Q-1 shall be b~ed upon the ECOM method as It ts de~nbed tn the Comuusston'$ April 1998 Report to the Texas Senate Interim Comrmtte~ on Electric R~tmctunng entitled, Potentially Strandable lnv¢str~nt (ECOM) Report' I~98 Update The mod~l t~ avmlable to be downloaded from thc Cormm~ton'$ Int~mot web vie at http:/A~.puc, stat~.tx~us/r~les/rulemake/21053/:~_~com~ls Aecompanymg it is a table of naturul-ga~ pnc~s to be used w~th the model ($~ the fuel e. zpens¢ part of the OENCO~TS ~uon of the de~:npuons below ) The Intoner addre~ of the ga~ priw.~ is http:/~.puc, stat~t~us/~de~ndemak~ l O83/gas_pnces. xls ,$01~dulotQ. l~Mmll began appropriately labeled copy of the Options worksh~t of thc model 0nly the ~ba~ cas~*' from the 1998 repor~ ts to be represented (I ¢. benchmarkmg and thc effect~ of transition plans that have becn approved by the Comnusalon ~hall be m¢lucied) Utihucs shall provide the completed model with documentation~ and a list of assumptions with thc UCOS-RFP Tbe model shall be on computer chskette x4x' *nt~on ~ho~ld ~onform to ~he ,~"d~ for documcnt~uon of ~m~l~r dat~ th*t ~ r~qmr~:l m oth~' ~~ of~ UmS-~ 60 Updated company-specific inputs shall be included tn the model Natural gas prices used in it shall be market-based forward prices a Prior to malang its ECOM deterrmnauon, the Conmusmon may d~rect Staff to use the method described m footnote three to further update the natural gas pnces Confidentiahty Confidentiality shall be protected as described in item nine of the General InstrucUons of the UCOS-RFP B. Data to be Provided in the Model There are eight changes, m adchUon to updaung of company-specific inputs, to the data that was provided for the Potennally Strandable Investment (ECOM) Report 1998 Update The changes are I I~stoneal data for periods before 1999 are not reqmred in the model (although Schedule Q-2, wluch is not part of the model, will reqmre some of the same data), 2 Benchmarlang for operaUons and mmntenanee expense, 3. Benchmark~ng for adrmmstrauon and sales expense, 4 Benehmarlong for capital add~tmns, 5. Ad&laon of regulatory assets as defined m PUPA §39 302 that have not been secunuzed pursuant to Subehapter F and that were not included in the 1998 ECOM calculauon that was done by the uuhty, 6 DeleUon of regulatory assets that have been aeeunuzed that were included In the 1998 ECOM calculaUon that was done by the uUhty, 7 Addmons for environmental cleanup as described m PURA §39.262; and, 8 DeleUon of deconumssiomng costa from stranded costa, (They will be recovered through a separate recovery mechanism) Each change Is explmned in detml in the descriptions of the model's five worksheets, into winch the uuhtaes are to Input their data. The worksheet deceptions follow 1. GENCOSTS Each uuhty shall input projected generaUon costs fin thouaanda of nonunal dollars) in the · ~ specufied~categonest~on a, system w, de ~o~ls for each of the years 2000 through the projected economac life of each generating umt Demand-side management expenses and/or assets should not bc included m the OENCOSTS sheet Cost allocations to the generation function should be consistent vath Schedule $ of the UCOS-RFP. Where appropriate, data should be entered as a formula (e g., federal income taxes) instead of a 3 Natural gas prices shall be those provided to Staff ~y Rehant Energy, TXU, Entergy, Ccna'al and South West Cotporanon and four industrial users of natural gas Each party talong pncc quotations received a btd and an asked pncc from each of two thfferent dealers The quotatmas were for 10,000 MMBtu/day of pipeline quality gas to be dehvernd over ten years to the Houston Sh~p Channel The h~gh and low b~ds for each of the ten years were disregarded and the rcma~mng b~ds averaged for thc de~.~m~natlon of the prices 61 value Generation costs arc separated into major categories, comments about some of these follow' a) Return, Current Investment Line 1 This category shall include the assets and llabilmes that are currently in the utthty's rate base, excluding plant held for future usc Line 5' Regulatory, assets shall be indicated here, consistent with this schedule, Schedule S-l, part C, items 4 and 5 Each utihty shall also provide a detmled explanation ~of the manner in which Financial Accounung Standard No 109 requirements are r~flected in its data /,/ne 6 Items included lr~ the "other" subeategory shall be scporately identified in supporting work papers I, ines 7 & 8 ProJected data should be input in the subcatcgones of "accumulat~l redirected depreciation' and "accumulated excess earnings" for investor-owned utilities for wluch these subeategones are applicable The annual cumulative amount of tr~snusslon and distribution depreciation to be redirected to 8encrati0n assets through approved or pending transition plans should be reflected in the row entitled, "Accumulated Redirected Depreciation*** in the OENCOSTS sheet for the duration of thc transiuon plan Excess earmngs that are expected to provide additional increases to the accumulated depreciation of generation assets should be reflected in the row entitled, "Aecumulatod Excess Earnings,'* in the OENCOSTS sheet for the duration of the transition plan The amount of excess earnings in each year should be the utihty's~forecast of what It expects to represent as the difference between its annual ~revellues and its annual costs as it is directed to do by PURA §39.25? Work papers suppomng these representations shall be provided. b) Return, Incremental Investment. This category shall include the assets and liabilities relaung to existing plant that arc projected to be included in the utihty's rate base at a~future date Addition of new generating units shall not be Included In this category Utilities arc resmoted to capita] additions in ali amount loss than 1-1/'2 percent of the their net plant In semce on Deccmber 31, 1998, less plant items p~vJously excluded by the..Commismon The I-1/2 percent cap on oap~tal additions*shall exclude.the mounts projected to be , spent~onmnvironmantal~oleanup costs-before January 1, 2002, as descnbed in ~*_PURA;,§~9;~63.' These amounts' shall be on Line 16, which ts thc "other" - ~subcategory, and shall be separately identified in supporting work papers. c) Deprecm~on ~ Amor~l~oa F_.~e~e Costs in this category shall be proJeCted for current and incremental generation mvcsunent. For utilities that enter values for "accumulated redirected depreciation" and "accumulated excess earnings," projected depreciation ~'xpeusc shall be adjusted to reflect the decreased book value resulting from these adjustments In addition, acceleration of the depreclab'l~ byes of generation assets should be reflected in the depreciation expense row of thc GENCOSTS sheet, with corresponthng increases in accumulated depreciation. Central Power & Light Company (CPL) shall reflect the accelerated depreciation of its South Texas ProJect investment In the GENCOSTS sheet consistent with the final order m Docket No 14965 d) Taxes (other than FIT) and Insurance Each utihty shall provide a detailed explanation of (a) the method by which State taxes, property taxes, franchise taxes and taxes included ,n the "other taxes" category are calculated by the vanous taxing authorities and assessed to the ut, hty; Co) the manner ,n which the utility has allocated each category of taxes to the generation function, (c) the expected level of each category of taxes for third-pames relative to the level allocated to the generaUon function in the model if generation assets are sold to thlrd-pames and power is sold at market-based rather than cost-based rates, (d) the expected level of each category of taxes for the utility relative to the level allocated to the generauon function m the model If generation assets are retmned by the utility, but power is sold at market-based rather than cost- based rates, and (e) whether, under current laws and regulauons, it is expected that proceeds received by the utlhty through the sccuntization of slxanded /~ costs would be subject to each category of taxes e) Operations and Maintenance Expense 4 CseneraUon O&M costs allocated to the generation funcuon should be reported for calendar year 1999 Subsequent periods will be calculated by the model using benchmark escalators as follows Coal O&M 10 Nuclear O&M 1 0 Cras O&M 20 0 Fuel Expense In calculating the projected price of natural gas, the portion of the uOhty's natural gas reqmrew,~nts subject to market-based pricing (t e, ex¢lu&ng non,-commo&ty~costs and,non.marketabased contracts) shall be ~aubject to, tho~pngmg ,mthcated ,on ~the, natural.gas pricing table that accompmfies the FL'OM model at the Conumsslon's web site In addition, projected fuel expense shall be reduced by the projected revenues from off- system sales g) Admm~tranve & General Expense s Generation A&(I costs should be escalated at the rate determined by weighing the O&IVl growth rates In e) by Benchmark escalators for grovnh rat~s m gcncraung-pllfl~t Ol~rat~ons and mamlenance costs have been determined by companng those costs to widely rehed upon information on cost ix'ends for comparable generating plants Benchmark escalalors for growth rates m generating plant allocated lo admlmstrauve and general costs have been do~rmlned by companng those costs to widely relied upon mfonnation on cosl trends for comparable gencraung plants 63 the pewentage amved at by dividing the original cost of the appropriate plant category, accorchng to fuel type, by the total of the original cost of all plants h) Nuclear Decommissioning Expense Should be reported as zero for all periods l) Purchased Power Expense. Eoasting Contracts Puwhased power costs shall be projected only for contracts exlsung prior to 1997 j) Federal Income Tax A formula rather than a value shall be used for this input, if possible Detmled supporting workpapers shall also be provided. B. ALLOC1 Each utility shall input allocauon percentages for each year of the forecast period that will allow for the appropriate aliocauon of the inputs of the OENCOSTS worksheet to resource types constsUng of nuclear, gas/oil, coal/lignlte, and other gcnerauon types The resulting values are calculated in the COST PARTITION worksheet Enmes on the Alr.I~OC1 worksheet may consist of either formulae or values C~ ALLOC2 Each uuhty shall input allocation percentages for each year of the forecast penod that will allow for the appropnatc allo~aUon of thc data tn the COST PARTITION worksheet to Texas residential, commercial, and mdusmal classes, and Texas juns&caonal wholesale load. These allocations shall be consistent vath the P schedules of the UCOS-RFP The resulUng values are calculated m the COST 3,I.IOCATION worksheet. Entries on the ALIOC2 worksheet may consist of either formulae or values Generation cost allocauon percentages for Texas wholesale loads entered in the Al.lOC2 sheet shall remain constant at the 1996 level for each year of the forecast penod (i.e., as wholesale contracts expire, generation costs 'should not be reallocated to retml customers m thc F_,COM model) D. SALF. S F_,ach utility shall input, by resource type, the projected level of sales, conslstrag of system wide MWh at the busbar, for each year of the forecast period, which is to be the projected economic life of its longest-lived gcneraung asset Sales shall be projected only for g0nerat~on assets and pumhased power contracts that were existing prior to 1997, therefore, sales growth will be limited to that av~ulable from existang generation assets Sales forecasts should not be adjusted to eliminate the effgct of existing DSM programs E. ALLOC3 ~ Each utlhty shall input allocation percentages for each year of the forecast period that w~ll allow for the appropriate allocauon of the data on the SALI~_S worksheet to Texas residential, commercial, and lndusmal classes, and Texas junschctaonal wholesale load The rosulUng values are calculated m the SAI.~-S Al.lOCATION worksheet Entries on the ALI OC3 worksheet may conmst of e~ther formulae or values Schedule VIII.Q-l: Results from the ECOM Model [Provide a paper copy of the Options worksheet of the ECOM model as subrm~ted for the UCOS- RFP here ] Schedule VIII.Q.2: Historical Data: Each uuhty shall prowde with ~ts suppemng documentaaon h~stoncal data for the year~ 1995- 1999 for the following expense and revetment categories on a total eleelnc basts, as allocated to the generation function, and as allocated to the generation funcaon by fuel type: operaaons and mmntenanee expense, adrmmstrat~ve and general expense, taxe~ other than FIT, incremental capital investment, and fuel expense I-hstoncal net generation by fuel type (m MWh) shall also be provided by fuel type for each of the years 1995-1999 Schedule VIII-Q.2 Format ' The following tabular format should be used for the r~pomng of h~stoncal operaaons and maintenance expense, taxa other than FIT, incremental capital investment, adrmmstrat~ve and general expense, and fuel expense data Generation Coal/Lignite Natural Gas Nuclear Other Function Generation Generation 1995 Generation Generatlo~ 1996 1997 1998 1999 The following tabular format should be used for the ropomng of historical net generation data by fuel type (~n MWh) _ _ ~ C. oal/Li~ite Natural One Nuclear Other Generation Generation Generation Generation '~' 1995 1996 199'7 1999 SECTION IX: CONFIDENTIALITY Th~s section shall include a s~gned statement by the ut~hty's attorney that presents, for each schedule for which the ut~hty clmms that the requested tnformat~on ~s confidential, the clmmed masons that the mformauon should be treated as confidential and that states that the attorney has reviewed the mformatmn sufficiently to state m good faith that the reformation ~s confidential 67 0