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HomeMy WebLinkAboutJune 27, 2000 Agenda AGENDA A0enda No ~.-~.t~-~ CITY OF DENTON CITY COUNCIL A. gelltlaltem , ~ _ , .... June 27, 2000 Oate_ After determmmg that a quorum is present and convemng m an Open Meeting, the City Council will convene m a Closed Meeting of the City of Denton City Council on Tuesday, June 27, 2000 at 5 15 p~n ~n the City of Denton Council Work Session Room, Denton Cay Hall, at 215 East McKlunev, Denton, Texas to conmdcr specific items when these items are hsted below under the Closed ~detmg section of this agenda XVhen items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting at 5 15 p m and will convene at the time listed below for its regular or special called meeting The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meetmg agenda consistent with Chapter 551 of the Texas Government Code, as amended, as set forth below 1 ClosedMeetlng [**Before the Denton City Council may deliberate, vote, or take final action on each of the agenda items posted as a competitive matter in a Closed Meeting under the provisions of TEX GOV'T CODE Section 551 086(c), the City Council must first make a good faith detenmnauon, by majority vote of its members, that the particular agenda item is a competitive matter that satisfies the requirements of Section 551 086(b)(3) The vote shall be taken during the Closed Meeting and shall be included in the certified agenda of the Closed Meeting If the City Council fmls to determine by a majority vote that the particular agenda item satisfies the requirements of Section 551 086(b)(3), the City Council may not deliberate or take any further action on that agenda item in the Closed Meeting ] A Dehberat~ons Regarding Certain Public Power Utilities Competitive Matters - Under TEX GOV'T CODE Section 551 086 ** I (1) Consider approval of an ordinance providing for, authorizing, and approving an Agreement By and Between the City of Denton and Andrew Corporation for Electric Service, determining that said Agreement pertmns to a competit~ve electric matter, approving the expen&ture of funds therefor, providing an effective date, and discuss, dehberate, consider, vote, and take final action thereon B Consultation wath Attorney - Under TEX GOV'T CODE Section 551 071 (1) Discuss and consider strategy and settlement proposal with the City's attorneys in htigat~on styled Ctty of Denton v Texas Utthttes Company, et al, Cause No 2000-60109-393 currently pending in the 393rd District Court of Denton County, and &scuss legal issues concermng this htlgat~on with the attorneys where to discuss these matters in public would conflict w~th the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas ANY F~IqAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPI~IANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTEN~r SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF SECTION 551 086 OF THE TEXASI GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION") THE CITY City of Denton City Council Agenda June 27, 2000 Page 2 COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED 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 1N 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 Work Session of the City of Denton City Council on Tuesday, June 27, 2000 at 6 00 p m an the Council Work Session Room an City Hall, 215 E McKmney Street, Denton, Texas at which the following items will be considered NOTE A Work Session ~s used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff d~rectlon into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action At a Work Session, the City Council generally receives informal and prehmlnary reports and information from City staff, offimals, members of City committees, and the individual or organization proposing council action, if lnvaed by C~ty Council or City Manager to partmlpate m the session Partm~patlon by ~ndlvlduals and members of organizations invited to speak ceases when the Mayor announces the session as being closed to public input Although Work Sessions are public rneettngs, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to partmlpate in the session unless invited to do so by the Mayor Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's oplmon on the matter being explored Should the Cotmcfl direct the matter be placed on a regular meeting agenda, the staff wall generally prepare a final report defining the proposed action, which will be made avmlable to all citizens prior to the regular meeting at which citizen ~nput as sought The purpose of this procedure as to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings 1 Receive a report, hold a discussion, and gave staff direction regarding the establishment of a County Development District and annexation or agreement not to annex regarding approximately 254 acres generally located west of Sherman Drive approximately 3,600 feet north of Loop 288 m the extraterritorial jurisdiction of the City of Denton 2 Hold a discussion and gave staff direction regarding information concerning the City's health insurance program 3 Provide a report and seek direction from the City Council regarding acceptance of MasterCard/Visa credit cards 4 Receive a report, hold a discussion, and give staff direction regarding gated community consideration for the Hunter's Radge Subdivision 5 Receive a report, hold a discussion, and gave staff d~rectlon regarding the use of conservatson easements, land trusts and other methods to achieve the City's open space objectives City of Denton C~ty Cotmcfl Agenda June 27, 2000 Page 3 6 Receive a report, hold a discussion, and g~ve staff direction regarding the Development Code Rewrite project including, but not limited to, the project schedule and the role of the Code Committee 7 Consider appointments to C~ty Cotmcfi commntees Following the completion of the Work Session, the Council will convene ~nto a Specml Called Session to consider the followang 1 Consider nom~nanons/appomtments to C~ty Boards and Commissions 2 Hold a pubhc hearing and consider adoption of an ordinance to amend ordinance No 99- 254 which authorized the City Manager to enter ~nto a Professional Servmes Agreement for planmng servmes to assist the C~ty w~th the rewrite of the Development Code w~th Fregonese Calthorpe & Associates and which creates a 15-member C~ty Council appmnted Development Code Committee, amend this ordinance to change the reqmrement estabhsh~ng a quorum for the C~ty of Denton Development Code Committee, prowd~ng an effective date, save and accept as amended that all other sections of Ordinance No 99-254 shall remmn ~n full rome and effect 3 Consader approving a Project Plan for 1 73 acres located on the east side of Teasley Lane approxamately 700 feet south of Hmkory Creek Road A chlldcare center of approximately 14,000 square feet w~th assocmted s~te ~mprovements is proposed (SP- 00-010, Chfldrens L~ghthouse) 4 Officml action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act CERTIFICATE I certify that the above notme of meeting was posted on the bulletin board at the C~ty Hall of the C~ty of Denton, Texas, on the dayof ,2000 at o'clock (a m ) (pm) CITY SECRETARY NOTE THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE A;endaltem ~.-~- / AGENDA INFORMATION SHEET AGENDA DATE June 27, 2000 ] DEPARTMENT Economic Development ACM Dawd Hill, Assistant City Manager, Development Services ~/v~ · SUBJECT Receive a report, hold a discussion and g~ve staff &rect~on regarding the estabhshment of a County Development Dmtnct and annexation or agreement not to annex regarding apprommately 254 acres generally located west of Sherman Drive approximately 3,600 feet north of Loop 288 ~n the extratemtonal junsdmt~on of the C~ty of Denton BACKGROUND Representatives from the Arena S~te development presented a proposal to City Council at the May 23rd worksess~on Council requested more ~nformat~on be provided In order to respond to Council's questtons, staff requested the following ~nformat~on from Mr Vandeflaan and Mr Van Court regarding the proposed arena development 1. Could you tell us where is It cited that the Council can enter into an agreement that would commit future Councils not to annex res~dentml property9 Mr Van Court says he has worked with another city on a similar proleet. Response Section 42 044, Texas Local Government Code ("LGC"), authorizes the City to designate as an mdustrml d~stnct any area w~th~n ~ts ETJ ~n which tourist-related facilities and businesses are located As the res~dentml port,on of the Equestrian Center Development ~s an ~ntegral part of the entire Development that has as ~ts focus the attraction of tourists, we bebeve that a designation by the C~ty that all the Development ~s an ~ndustnal d~smct would be w~th~n ~ts power and d~scmt~on The proposed Order of the Commissioners Court creating the CDD will have findings that relate the entire development to the attraction of vls~tors and tourists, further enforcing th~s argument Staff Comments The section of the code cited allows a mty to enter into a contract agreeing not to annex for a period of 15 years The contract may be renewed or extended for successive periods not to exceed 15 years for each extension Th~s ~s also addressed in the June 23ra confidentml C~ty Attorney's Status Report 2 Council member Durrance smd he viewed the Legislature's discussion on amendments to the CDD legislation He smd one proposal that failed would -1- have allowed residential m a CDD. Are residential uses allowed m a CDD, and are they allowed to benefit from improvements financed through a CDD? Response The Denton County Commissioners Court, in granting petitions requesting the creation of CDDs pursuant to authority granted by Chapter 383, LGC, makes findings that the Project proposed by the District is feasible and necessary and will serve the public purpose of attracting visitors and tourists to Denton County, including that portion of the project relating to storm drainage and erosion control, roads and streets, water supply and distribution and sanitary sewer collection The bonds issued to finance the Project must then be voted by the residents of the District and approved by the State Attorney General before issuance and sale, the latter insuring that the bonds are properly authorized by statute The proposed amendment to the CDD Act mentioned by Council Member Durrance was an attempt to make explicit what is now implicit Staff Comments Mr Van Court said the County initiated the proposed amendment in order to clarify several issues of the legislation (residential land use being only one) He said the bill was considered late in the Legislative session, and, therefore, lack of time was the main factor in the amendment's failure m pass This is also addressed in the June 23ra confidential City Attorney's Status Report 3. if the City agreed not to annex the property, and the property owner agreed to the appropriate phasing of infrastructure, certain architectural designs and land use requirements, what authority would the City have to enforce such regulations? Please provide statutory or case authority Response We believe the City can look to both Section 42 044 and Section 43 0563, LGC, for authority to control land usc by contract Staff Comments This issue is address in the June 23rd confidential City Attorney's Status Report 4. If the City Courted is agreeable, would you be willing to explore an economic development agreement under Chapter 380 of the LGC in lieu of a CD1)* Under such an agreement, the property could be annexed immediately, but the City could then enter into a Chapter 380 agreement to relinquish, abate, or transfer ad valorem, sales tax, and hotel tax revenues for a period of time in return for your project meeting certain economic development thresholds Response An aunexalaon in conjunction with a Chapter 380, LGC, economic development agreement with a CDD, rather than in lieu ora CDD, is a possibility Such a structure could provide for the same economics to the Development as if outside the City, and would allow the project financing by a CDD with the discussed benefits, primarily lower interest rates -2- Staff Comments We explmned to the developers that this question was a result of staff brainstorming, and that Council had not d~scussed or received any ~nput on alternative funding options Before staff spends a great deal of t~me outhmng alternative incentive packages, we wanted to be sure it ~s feasible for the ProJect If Council ~s interested in annexing the property prior to the development of the Arena to avoid any r~sk at future changes ~n aunexat~on policy, certain incentives would need to be granted m order for the ProJect to receive the same benefits for project funding For example, ad valorem tax rebates on the Arena and other commercial property could be granted under Chapter 380, LGC The County would also be ehglble to participate m a similar rebate If the property were annexed, the CDD could not collect any of the hotel/motel tax revenues An agreement could be drawn to rebate those hotel/motel tax dollars generated by the Arena hotel through our hotel/motel tax funding process Th~s ~s also addressed m the June 23ra confidential City Attorney's Status Report 5. Will you agree to a long-term service agreement whereby C~ty water and sewer services are extended to the project by the developer~ Are you also wdhng to agree to a long-term contract for electric, pohce and fire services9 Response We would agree to long-term service agreements for water, sewer, police and fire services Staff Comments We would also ask that the ProJect contracts with the City for solid waste service and drainage maintenance We have just proposed adding these additional utlhtles Mr Van Court had not yet responded at the time th~s backup was prepared 6. Mr. Van Court proposed that the current owner would sign a covenant runmng with the land g~wng up future residential property owners' rights to oppose annexation after the five-year per~od had expired. We find no legislation that supports th~s proposal What assurance ~s there that a court would not find this to be void as against pubhc pohcy~ Response The concept of a covenant runmng w~th the land Is a common law- driven attempt to allow for an annexation upon petition of Landowner, similar to what can be done statutor~ly through Section 42 044, LGC We do not believe ~t would be void as against public pohcy, given its context In any case, the c~ty could st~ll annex under other prows~ons of the LGC Staff Comments This Issue ~s addressedin the June 23rd c°nfidentlal City Attorney's Status Report -3- 7. Would the Project be willing to enter into some type of agreement with the current North Texas Fair Grounds that would ensure the avallabdity of the site for their events9 Response We would be pleased to ncgotmte w~th thc North Texas Fmr Grounds for the use of the Equestrian Center 8. In your presentation to Council, you ind~cated that the County Commissioners would agree to appoint a majority (four members were mentioned) of the CDD Board members from Council nominations. What assurance does Council have that the make-up of the Board will remain a majority of Council appointees9 Does this Commissioners' Court have the authority to commit future Commissioners' courts9 Response Regarding the City controlhng or designating majority of the Board, we all m~ght want to rethink the w~sdom ofth~s g~ven the poss~blhty of a court finding the CDD as the C~ty's alter ego When we were faced w~th an analogous situation, the dec~slon was to have one developer representative, two County representatives and two City representatives We would suggest such a structure and would include the concept xn the Order creating the District Staff Comments Staff generally agrees w~th th~s response 9. Formation of a CDD requires an election - eligible voters being those property owners within the district boundaries. Expansion of the district boundaries does not require an election What steps could be taken to ensure the boundaries of the district cannot be changed. Can the CDD be bound to specific provis~ons that might limit expansion capabilities or set a timeframe for dissolution? Response We can have the Board agree, and the creation subject to that agreement, that ~t will not pet~twn the Court for addition and exclusion of land from the District, which ~s the only way the Court can act under Section 383 084(a) Staff Comments This ~ssue ~s addressed ~n the June 23rd confidentml City Attorney's Status Report 10. In order to provide Council with an estimate of fiscal impact, we need additional information 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 commercial property owners be assessed also? Do your figures indicate a 20, 30 or 40-year bond~ Please indicate the ~mpact of debt on projected c~ty revenues related to hotel/motel tax, sales tax, and property tax revenues during the hfe of the -4- bond Have the County or school district been approached to determine their wffimgness to support the project through incentives'~ Response All property within the CDD wdl be subject to an assessment to repay debt The CDD will also use other revenues, ~nclud~ng hotel/motel occupancy taxes and sales taxes Sales taxes would be munmal (1/4 of one cent) and the proceeds used for marketing The hotel/motel tax would be pledged e~ther until bonds are repaid, estimated at 30 years, or under an economm development agreement between the CDD and the owner of thc hotel Upon anncxatmn, all property would be subject to C~ty ad valorem taxes, so the C~ty would actually benefit ~fthe land were developed and then annexed as compared to being annexed and not developed for a number of years and, even then, not to the extent planned by the Pickett Group The County beheves that the creation of the CDD Is an xncentlve, and the burden oflSD taxes can be borne by the landowners and the proposed development stall be econommally wable as compared to C~ty taxes Staff Comments In subsequent discussions w~th the developers, Mr Van Court explmned that any property owned by the CDD would not be subject to property taxes Since the CDD is a County entaty, any property owned by the CDD would be non-taxable hke any other County property They have xndmated that they do not know, at th~s time, what, if any, property would be owned by the CDD 11. What assurance can you provide that neighboring 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 Dlstr~ct regarding this project* The developers have indicated they have wslted w~th all of the adjacent property owners One neighbor has mdmated he would hke some assurance that h~s property will not be included ~n the CDD The developers have stated that the County will agree to have the Board rule the boundaries of the CDD cannot expand At the tame of our last meeting, the developers had v~s~ted w~th one ISD Board Member who suggested that the developers meet w~th DISD staff and attorney The Board member ~ndmated that he could be suppomve ~fthe ProJect had no negative ~mpact on the D~stnct However, he needed mom ~nformat~on 12. In the event that a Court declares the annexation agreement void, would you be willing to enter into an agreement that allows the City to recapture all tax revenues lost as a result of the deferral of annexation* Response As stated above, the C;ty could annex the development as ~t could w;th any other populated areas w~th~n ~ts ETJ It does not make sense for the developer to pay taxes for improvements that never would have been bmlt ~n the first place if they had been subject to C~ty taxes -5- Staff Comments Based on their response, the developers answer to th~s question zs apparently "n--'-------"-'-"~" Thts ts also addressed m the June 23rd confidential Ctty Attorney's Status Report ESTIMATED SCHEDULE OF PROJECT The ProJect has reached a "go/no go" point Sznce the May 23ra Council meeting, Mr Pickett's group extended their option on the property for another 30 days at a substantial cost They do not feel they can do so again without assurance from the Counctl that the ProJect can proceed If given directton to~roeeed by Council tonight, a final contract would be brought back at e~ther the July 25"' or August 1st regular sessxon The County would proceed through zts public hearing process to call a November CDD election Should the Council determine that the property should be annexed and agree to incentives that offset the loss of hotel/motel tax revenues for the ProJect, the annexation ordinance currently being considered would still work within this schedule PRIOR ACTION/REVIEW Council initiated the annexation process on this property The second reading of the ordinance occurred at the June 20, 2000 City Council meetzng The developers briefed Council about the ProJect at the May 23, 2000 worksess~on FISCAL INFORMATION Staff does not feel comfortable preparing a complete economic impact analyszs for Council at tins time, smee there are so many unknown variables What we have learned and can pass on to you xs th~s We believe the ProJect wzll not be developed unless a CDD is allowed (whether it ts m our ETJ or c~ty hmlts) This vehicle provtdes the low-cost fundmg necessary for the Project · Water and sewer lines would be constructed by the developer and would not interfere with other City planned projects The developers agree to contract with the City for water, wastewater, and electric services In addltzon, they agree to contract for fire and police services Revenues could be significant · The City's long-range transportatton plans ~nclude zmprovements to Spencer Drzve to a four-lane road However, funds have not been allocated to purchase right-of-way or make any improvements It ts not in our current Capital Improvement Program Therefore, road ~mprovements would be the responslblhty of the developer A traffic ~mpact study would be reqmred to ensure adequate zmprovements -6- · A CDD sales tax would not prevent the City from creating a transit or economic development sales tax at a later date The portion of the CDD's sales tax (proposed at 1/4 of one cent) would apply only to sales generated w~thln the CDD If the C~ty later passed a ½ cent tax, the City would collect ½ cent from sales throughout the City but could only use the remaining ¼ cent from the CDD- generated sales, as the ¼ cent that the CDD imposed would remain dedicated to the Project The City would not collect sales tax dunng the proposed five-year period of non-annexation Once annexed, the City would collect our current 1 5% on sales generated from the CDD · The CDD can only collect hotel/motel tax if the hotel is built in our ETJ If built in the city limits, the hotel/motel tax automatically goes to the City The developer has indicated the revenue from this tax IS necessary to retire the CDD debt (The UNT Center for Economic Development and Research impact analysis presented to Council earlier estimated hotel/motel tax at $420,000 annually ) If the property were annexed prior to construction of the hotel, the Project would require a rebate of all or a majority of the tax If the property were annexed after the hotel was built, the tax would remain dedicated to repayment of the debt · The UNT study indicates the City's estimated property tax revenue would be $483,000 annually This study assumed revenues at build out and located within the city limits This amount does not take into account ownership of any property by the CDD For example, if the CDD owned the hotel, you would need to subtract that revenue from the above figure The study does not detail the tax revenue for each portion of the project, 1 e, arena, hotel, golf course, residential · Home prices are estimated to range from the low $200,000's to over $750,000 Using an average of $250,000 to be conservative, the residential development would produce City property tax revenues of $1,255 per home or $125,$00 for the 100 homes · The UNT study reports the out-of-area visitor impact on the economy to be $3 4 milhon xn sales from the golf course activity and $9 5 million in hotel room and food sales Ticket, food and merchandise sales at the arena are estimated at $9 5 mllhon per year · The property is currently zoned Agriculture and will likely remain unimproved for some time if this project is not built · The proposed Arena, itself, has received positive comments as to the use of the property · The chart below lists sales and property tax revenues the City might expect from the development The sales tax figures were taken directly from the UNT study The study also indicates approximately $483,000 in City ad valorem taxes However, we have estimated valuation of the ~nd~wdual portions as hsted below w~th a total property tax revenue of $321,000 W~th more t~me for review of the study, we might have amved at the same proposed figures The amounts hsted below are based on other existing properties Revenue Source (Annually) CDD C~ty of Denton Utflmes Revenues $ Unknown *Hotel/Motel Tax $420,000 $ 0 Sales Tax Percent 25% 1 5% *Visitor-Related Sales Tax Revenue $48,000 $288,000 *New Residents Generated Sales Tax Revenue $19,000 Property Tax Revenue - Residential (assummg 50 homes ~$200,000, 25 homes @300,000, 15 homes ~ $400,000, 10 homes @$500,000) $145,000 Property Tax Revenue - Arena (assummg $30 mflhon value) $151,000 Property Tax Revenue - Hotel (asttraate based on other motel valuations at $10,000 $2 mflhon) Property Tax Revenue - Golf Course (based on another golf course valuation at $3 mflhon) $15,000 Total $593,055 Plus Utd~ty Revenue *UNT study figures ~EXH BITS UNT Center for Economm Development and Research study Map of Site Respectfully submitted Lfnda Rathff, D~rector J~//~- Economic Development Departrhefit The Economic and Fiscal Impacts of a Proposed Equestrian Center and Related Development in Denton County Bernard L. Weinstein, Ph.D. Terry L. Clower, Ph.D. Center for Economic Development and Research University of North Texas Denton, Texas May 2000 -9- Backaround Mir Edwin G Pickett and a group of local mvestors have developed a master plan for a combined equestrian center, hotel, golf course, and smgle-family residential neighborhood to be located east of the City of Denton but within the city's ETJ The equestrian center and arena w~ll be the centerpiece of the development, around which a golf course, hotel, and homes will be constructed Though dozens of horse centers are found across the U S, the Denton pro.lect ~s unique m its size and scope It will contribute greatly to the local economy, both dunng construction and when fully m operation What's more, the fac~hty wdl constitute a umque amenity for residents of the Denton area and will help put Denton County on the mtemat~onal map for horse shows and related activities Eauestnan centers as economic _~enerators Horse shows and related events have become bi§ business m recent years, driven m part by the growing popularity of the U S Equestrmn Olympic Team. Cutting, jumping, dressage, and renung all will be represented m tim year's summer Olympics And though not generally reco~,m:~ed as such, Denton County ~s a major breedmg and trammg center for show horses Recognizing the growing popularity and potentml economic benefits of the sport, many commumt~es have constructed new equestrian centers m recent years New, state- of-the-art faclhtles can be found m Palm Beach, Atlanta, Boston, northern New Jersey, and V~rgm~a Perhaps the best example of what horse shows offer a community can be found with the Virginia Horse Center m Lexington This 3?i-acre facility includes a 4,000 seat enclosed cohseum, barns for ?00 horses, several outdoor arenas, a cross- country course, and scemc trails Since opening m 1986, the Center has hosted 1,059 events with more than 300,000 part~cipunts and approximately 4 8 nulhon spectators and visitors Events are scheduled every weekend from und-January through hud-December A typical equestrian event will average 350~400 horses and approximately 4,000 exlubitors and spectators During the week, the Center is used for trsmmg, special events, and trade shows The Virginia Horse Center is owned by a quasi-public body, the Virguua Equine Center Foundation The Commonwealth of Vlrguna finances the Center's debt service, but operating expenses are paid through revenues earned f~om facility rentals, ticket sales, sponsorslups, glRs, and grants The justification for state involvement is that the Center benefits the entire horse industry statewide by helping to mamtam and increase the level of production and use of horses and pomes Public expenditure m also justified on the grounds that the Center helps to ensure the survival of Virginia's rural communities and lifestyle An econonuc unpact study conducted m 1998 found that the Virguua Horse Center produced $30 unlhon m d~rect spending for the Lexington area, with 53 percent of that spending coming from outside V~rgmm Center activities also generated more than $2 1 nulhon m state and local tax revenue As the followmg analys~s ~llustrates, the proposed equestrian center for Denton County will have comparable econormc unpacts -11- 2 Economic impacts of construction act~v~tl~,S In this section we present our estimates of the economic ~mpacts that will attend constructwn activities associated w~th the equestrian center and related developments Our ~mpact estimates are based on the Regwnal Impact Modehng System (RIIVISI1) developed by the Bureau of Econow. lc Analysis (BEA) of the U S Department of Commerce for Denton County 'Flus model provides estunates of total economic activity generated m the defined economy as a result of new industry activity or spending In addition, the model estimates d~rect, mdtrect, and reduced employment and earumgs ~ Infrastructure and residential lot development, combined with constructmn of the arena, golf course, hotel, and related factht~es, wdl cost an estimated $39 5 milhon These expenditures will add $64 9 million m local economic act~wty and generate 544 person-years of employment paying $14 8 milhon ~n wages, salaries, and benefits (see Table l) The Impacts wdl be spread over the construchon tune frame For example, ~f constructwn takes two years, then the employment mipact will be an average of 272 new, temporary jobs for each of the two years Homes built on the resldent~al lots are expected to range from the low $200,000's to more than $750,000 Housing construction will occur over several years with full bmld-out of the resxdentlal development probably taking l0 years In current dollars, total h0usmg construction costs will approach $21 7 nulhon Resldentml housing construction will generate $35 6 mdhon m countywide economic activity and support almost 300 person-years of employment paying over $8 nnllmn m earnings Direct, jobs nre flao~e directly eagaged m the measmed act~vity, m flus cnse conslrucUon worlr, ers nnd relnted on-sRe employmeat In&rect jobs ns those job~ nssocmted vnth supphers of mntennls or sernces supponm~ the dtrect acuv~ty Induced jobs a~e those tlutt nrc supported by direct employees spending a pomo~ of fllOlr earnings m file local eoooomy -12- 3 Tabl Activities in Denton ( Arena, i $ 39,500,000 Total economic acttvity generated $ 64,855,000 Total earnings $14,824,000 Total Jobs (person-years) 544 Construction of Housing Expenditures $ 21,680,000 Total economic acttvity generated $ 35,596,000 Total earnings $ 8,137,000 Total Jobs (person-years) 299 Economic and fiscal impacts of continmng operations and tl~W On-going operations at the arena, golf course, and hotel wdl have a number of econormc and fiscal tmpacts These operations are broken into separate components for arena events, rounds played at the golf course, hotel rooms rented, and food and retatl sales related to each of these actlvRtes The equestrian arena Is projected to attract 40 large weekend shows and up to 30 other smaller equestrian events These events will include cutting, reining, rodeo, AQH, county fart, and hvestock shows In addition, the arena will be used for concerts and community events It ts expected that total annual attendance for these events wdl approach 290,000, w~th 225,000 of these for the equestrian events Importantly, based on attendance at s!milar facilities, 70 percent of event attendees wdl be from outside the local area, including 20 percent from outside the state These out-of-area visitors represent new spending to the local economy resulting m a net increase m local economic actlwty, not Just shffimg entertainment dollars from one local venue to another Total -13- 4 ticket, food, and merchandise sales at the arena and its adjacent western-wear cloth,ng store will hkely exceed $9 5 milhon per year The golf course is projected to accommodate 40,000 rounds per year with about half being played by non-local golfers Total golf course revenues, including some pro- shop sales, are expected to reach $3 4 million The hotel is budgeted to generate approxmiately $9 5 milhon per year m room rentals and food sales For purposes of tlus analysis, we are assuming that 80 percent of hotel food sales will be to out-of-area guests AdJusting these sales to account only for the spending by out-of-area visitors, we estimate total new economic activity m the area will increase by $26 2 milhon More than 400 new full4~me-equlvalent jobs will be created, paying almost $6 5 milhon m annual earnings (see Table 2) If anything, these estimates are understated Out-of-area visnors wtll also lfliely spend additional dollars m the local economy for food, entertmnment, and merchandise, though precise estimates are problematic In addition to operations at the equestnan center and resort, the residential portion of the proposed development will bring new spending to the local economy Based on proJected housing prices, when the resldentml development ~s fully occupied, about $12 5 mllhon m new income will reside m the area Assuming that no more then 20 percent of tins new income will be derived durectly or indirectly from operations at the equestrian center, local economic activity will increase by $9 7 million as a result of new household spending m current dollars Tins new economic actlvny wdl support 97 new jobs paying about $2 2 million m earnings Local taxing jurisdictions will eventually benefit greatly fi.om the proposed equestrian center and related development Based on proJeCted construction costs and -14- associated property valuatmns, snnual property tax payments to the Denton Independent School District will be almost $1.6 mflhun per year The City of Denton and Denton County will enjoy $483,000 a~d $223,000 m property tax receipts, respectively Local hotel occupancy tax revenues will be about $420,000 Ticket, food, end merchandise sales at the arena and related resofl facilities will generate substantial local sales tax revenues estimated at $288,000 per year In addition, local expenditures by residents of the housmg development wdl boost sales tax revenues by $19,000 In total, we estimate that City of Denton tax receipts will mcrease by at least $1 2 nulhon annually once the proposed project is fully operational and all of the homes are m place Table 2. ReeuFFing Economic and Fiscal Impacts of the PFoposed Equestrian Center , and Arena end Resort Development Ticket, food, end merchendlse sales Arena $ 9,550,000 Golf course (green fees, m~rchundise) $ 3,400,000 Hotel (room rental, food sales) $ 9.50O.000 Total Sales $ 22,450,000 Total econonac activity $ 26,200,000 Total earmngs $ 6,500,000 Total jobs (full-tune equivalent) 405 Spending by Residents of New Housing (at build-out) Estimated income of residents not counted m above $ 9,974,000 Total econounc activity $ 9,670,000 Total earnings $ 2,236,000 Total jobs (FrE) 97 Annual Tax Revenues by Jurisdiction Denton Independent School District $ 1,616,000 City of Denton (sales, propmy and hotel tax) $ 1,210,000 Denton County $ 223~000 -15- 6 Ancillary and "non-quantifiable" benefits from the proposed equestnan facility Horse ranching is a major industry m Denton County, accounting for more than two-thuds of all farm cash receipts In 1997, the latest year for which data are available, receipts I from marketing horses exceeded $65 rmlllon If constructed, the Denton equestrian center w~ll provide further stunulus to Denton County's farm economy and, over time, attract additional breeders and trainers Local crop farmers, as well as area feed stores, wdl also benefit from this stunulus As mentioned above, the arena and related faclhtles will offer a range of amemties to area residents Not only will the county beast a prenuer showphce for equestrian and other events, but the site wdl also provide a much-improved venue for the North Texas State Fair Knowledge that the equestrian center ~s approved and under development may also enhance the prospects for the Dallas area hndmg the 2012 Summer Olympics In short, the proposed equestrian center, hotel, golf course, and residential development proposed by Mr Pickett and his assocmtes will be a tremendous job, income, and tax generator for the City of Denton, the Denton I S D, and Denton County Tins prenuer facility will unprove the quahty of life m the region and put Denton on the international equestnan c~roult -16- 7 & -19- Fiscal and MUmclpal Services SUBJECT Hold a discussion and give staff direction regarding reformation concerning the C~ty's health insurance program BACKGROUND Council Member Knstoferson has requested that staff prepare information concerning the City's health insurance program Staff is seeking direction on the type of m£ormatlon to be ~ncluded in a report to councd PRIOR ACTION/REVIEW Max Blackburn, R.~sk Manager presented a report to C~ty Councd at the February 8, 2000 worksesslon Several memorandums have also been prowded to City Councd explaining various facets of the health ~nsurance ~ndustry, terminology, and the specific h~story of City of Denton clams FISCAL INFORMATION No fiscal ~nformatlon ~s apphcable Respectfully submitted b~ana G Ortlz Director of F~scal Operations Aoenda AJo ^Deflda Item AGENDA INFORMATION SHEET AGENDA DATE. June 27, 2000 DEP~TMENT: F~seal Operations ACM. Kathy DuBose Fiscal ~d M~clpal Se~ces ~~ SUBJECT Provide a report and seek direction from Cl~y Council regarding acceptance of MasterCard and Visa credit cards BACKGROUND In the last two decades, credit cards acceptance as a payment method via nationally recogmzed credit cards such as Vxsa, MasterCard, Discover and American Express has become wrtually universal within the private sector Such cards are now accepted at a point of sale (POS) for even the smallest transaction Increasingly, people use credit and deb~t cards to pay for goods and services Whether the mot]vat]on ~s convenlance, carrying less cash, or frequent flyer miles, fewer transact]on are done wxth cash or checks For example, m 1995 the Federal Reserve and three private cleannghouses processed nearly 18 bflhon cheeks, whereas there were 15 bflhon credit card transactions Th~s represents substan~ml growth in the use of credit cards s~nce 1981 according to the General Accounting Office Benefits derived from the acceptance of major credit cards for various city services include improved customer service--card payment acceptance can enhance service since they do not have to stand m hne and can conduct payments after bus~ness hours wa mtemet and help government agencies become more efficient, less red tape--accepting cards perm]ts City to set up new, automated methods of revenue colleetmn, including Interact and telephone transactions, accelerated payments and availability of funds--electromc payment methods can result m funds deposited m C~ty accounts faster than cheeks, so ~mproved float and cash management efficiencies are reahzed, mcreased certainty of collect]on as verification of funds Is possible and funds are automatically held for payment, reduction in expenditures related to return check processing costs and staff time, fewer processing problems - electromc payment methods result m funds deposited directly into C~ty's accounts faster than checks, improved audtt trail, PRIORIACTION/REVIEW (Council, Boards, Commtsmons) This item was reviewed by the Investment Committee at their April 27, 2000 meeting The Conumttee recommended that staff forward the lnformauon to C~ty Council and proceed with the,procurement process FISCAL INFORMATION The costs associated with accepting credit card payments are administrative m nature They include the costs of eqmpment and the associated personnel necessary to process credit card transactlons C~ty of Denton currently accepts D~scover cards therefore, there would not be significant addmonal costs w~th the acceptance of other credit cards Furthermore, credit card merchant fees (expressed as d~scount or transactmn fees) typically vary between two and four percent of the value of each transaction The lowest possible fee would be negotmted However, the costs are partly offset by the reductmn of other cash management fees, such as deposits, armored car service, bounced check fees, etc and add~tmnal ~nterest earned from greater fund avmlablhty In addmon, general increase ~n the use of credit cards as c~ted above (Indicating greater pubhc demand for their use) and the specffic use of them for Intemet+based transactions will raise the benefit-cost ratio m the City's favor Respectfully submitted I~mfia G Ort~z ~O'd £Gg~ OZg ~ $^DS ~ue~e§eueH ~ ~e~pn8 d~Z:~O O0-So-unD A ,lication of the Center for Best Practices MAY 2000 Comptroller kicks off state avoided delays in start up The first transaction, on April 3,was the Comptroller's office purchase of paperless procurement eresabie markers from theTexas Industries for the Blind and Handicapped The state transportation and ,~ The Texas Comptroller of Public Accounts was the health departments also made transactions later the ~ first state office to place an order under the Texas same day Government-to-Business project (TxG2B),the state's The electronic procurement pilot program runs pilot program for purchasing goods and services through August 2000, with an option to renew anllne For more Information,contactJamle Spiegel, , The General Services Commission (GSQ operates c, sc s~2-~3.e~67 the electronic commerce network that ~I~L~,CO~. allows state agencles to solicit, receive, lurn on your computer, ~O O~',y/~ ~lL%'z~.~ evaluate and award blds onllne. The ~' .~. ~r',~ A ~:~L'~ object Is to do everything--order, get on the Web, say ahhh z ~6~~ btd, bill and pay~without paper in February 2000,TxG2B contract- Austln-based A-Tek Telemedical ~ ed with Baltimore-based Syscom Inc is one of a growing number of .~ '~' ~' Inc to set up the system By using telemedlclne companies manufac- --~ the company's existing software, the turtng products that enable health care professionals to diagnose patlent~ Illnesses with computer-competlble equipment A-Tek's medical instruments, which include a variety of diagnostic tools from stetho- scopes to microscopes, can transmit medical informa- tion over the Intemet. A-Tek's electronic stethoscope makes It possible for a doctor to listen to heartbeat patterns In one city while the patient is In another The company also produces a Telemedlcine Camera System that works with several instru- ments, allowing an off-site physician to examine a patient's ears, eyes and throat The company has contracts to provide monitoring devices for rural faurl areas of South Texas For mom information, contact Rna Williams ~ * ~ A Tek Telemedlcol, <nvllllams~atektm com>,512-453 6076 These am gmat examples of smiler, sma~ government. Looking how they can apply to Texas b what e-T"'~' IS all about.~ ' Vir .nia to outsource We recognize that moving govemmout functions to the Intemnt Is not a panacea.11~ are those who have Mad sush eq~dment~ and failed, and thsue like Aluska~ Boyer who computer services have succeeded. That's why our e-Texus effort is consulting eXlmrU film Boyer to warn us about the pntoutlal pitfalls. The Virginia Department of information We encourage pouple to send ~ their Ideas via emall to <lnfo~e-toxus.org> ead to ~ollow Technology hopes to make the state the first in the our progress at <www. e*toxus, orl>. Carnie Keeton aylander, Texas Comptroller of Public Accounts Local mells provtde e. servic is Not Enough City and cout~ty governments have In addition to Tyler and Lufkin, ftc fines and foHcitures and security isamed th~ while it is great to be which are online, Lisa Oustot, system payments online online, Just having a Web site is not PointOfl)ay corn's senior vice Presl- The Coayers s/ts is the first electron- enough. Texanslare accustomed to dent of marketing, mid 'We have ic govemmant site operated by Ccium- doing thin~s the~, used to do in par- contrante with 21 cities Two ere in bia, S.C -bseed VC3 Inc. The company so--like bu~d~ plane tickete or aoc- Louis~ the teat in Texas ' plaus a similar site for Canton, S.C and tionin~ antiqueS--on the Web, and To teke sdv/mtege of the system's is worldP~ with several other cities and they want the same level of sezvice convenience, residents must visit the one county, according to VC3 Chief from their local government. Web site, then Upe hi their driver's Operating Officer Sandy Reeser Acress the cotmtry, flora bi~ cities llceuse number and date of bi.'th A 'Con,-ers had two goals,' Reuser like HousWn to l~hl~, towus liku Ccoy. susrch will retun~ any outstendin~ says 'Must residents work In Adanta, ers, Ge., govenultante are saving money fines in cities with the prngrsm and can't get to city hall dur~ the and improving selwice by ~dng tsxpay- -You ~ pay by credit card or from day So they needed to have city e~ opportunities to conduct online a checkin~ account,' Onstot says. services aw,,d,te 24 hours a day, seven days a week. Aiso, they are a Big cities to provide the sine servicus without In Harris Counl~,, surplus goods are increasing their staff Their Web site lets them do that.' sold in online auctions, at <www pur- chas~co l~r~t~us/auction~/~a~l> Conyers paid about ~80,000 to set The county's p~ol of potential buyers up the services and pa.rs an addtiion~ more than doubled after the quarterly ~ $1G,000 for a~mual maintenance A events went online in September 1999, - packnge of about 15 separate services costs around $125,000, Reeser says, and the $5,000 ~ of holding each live auction was savecL ~ and month~ rates are available While The county hum the state's first con- the s~stem hasn't been opend/onal flnuous online i~emnt anction. 'You fill out an online fonu, press sub- long enongh to determine the amount 'We used to haw W store everything in mit, and that's it. After the payment of savings, it has allowed the city to a warchouse mttll one of the quarterly has been approved, the dty's files are avcid adding staff anctior.~ .~owlwe are constantly auc- updated. Some courts update them at t/oalng items online,' ..~s ?on¥ Riddle, the end of the da.v, others aes almost Rave reviews ILants County puschasing nmmager real thno " A Janusry 2OOO D~l~,,-,, Mo~ning News 'ql~atsavesusalotofmousY Wewere Users pay a small servtco fee Fines poll reportsd that about 20 percent of also able to create a l~ntllng ]~t Of Opti- of l(~ thlm $20 will cust an additional Te.v.~tlt9 bad made oninle porch98es, mum customela, who we esn contect $150 Lerger fines will coat $4 95 to and that 90 percent of the online throngh the li~, which is a lot pay over the Web, with an additionat shoppers had a pusitive experience cheaper than 1~, ltllng notice6 to pote~- $4 95 for each $100 PointOfPay corn One of the goals of State Comptroller rial cus~men~ provides hardware and direct phone Carole Keeten l~lander's e-Texss corn- Between September 1999 and Feb- lines at no charge to the city mission is to eusum that government's mary 2000, abgut 1,000 registered bid- online services win a similarly high ders bought 1~00 items on the coun- Small towns and suburbs approval redng l~om its customers. ty's online auction block. Small towns don't have to be left out Rylander has challenged state gov- of the Web either Conyers, with a eminent to improve services and cut Sma [[ cities popt,!~on of about 8,000, uses its costs by focusing on new technology Bi~ cities aren't the only ones improv- Web site <www conyersga, conV> to Many county and city governments in lng services bl/goin~ online Several provide several city services In Texas are working toward the same snudler Texas cities have contracted January, the town, located about 25 goal, prompted by their customers, with Austin-basad Point~ com miles east of Atlanta, began collecting who are also their taxpayers · <www pointo~pay corn> to collect city property taxes online The city, traffic fines also collects garbage pickup fees, traf- Greg Mt. Joy Volume 16, Issue 3 City and County Financial Management MONEY mNASnm mTTmS Electronic Payments ,-,'e mo. a o.n. ~on ~ ~st ~ ~pa~ent ~e t~t allow &~ to ~ke ~h ~draw~s &e U.S. Economy: ~ ~' Un,md 5~ ~ were ~arly 17 ~om des,~a,,d A~ ~,s or to make b~on ~t ~rd ~ons m 1997, f~ p~has~ at ~e debtt ~ M~als ~ ~~ ~p~S 18.4 ~ of all ~sac- of des~a~ ~ ~d ~ nora ~r ~ 1993 m 1997 ~n~, ~d uam~s ~ az a 7 8 p~z and 39 su~s ha~ ~T pm~ m pla~, ay S~n ~ ~ a~ual ~a ~t ~ ~ons u~ pmw~g ~n~u ~ mo~ ~,n fo~ pla~ o~ la~ ~mc n~ p~rsd m tbs Fou~ ~ ~999 taus o[ ~-~ b~ m~n ba~, ann · e ~it ~ ~mp~l~ ~d~ ~ Bd~ of ~ ~ ~ ~ of ~e ~t ~ m c~&t ~d A ~nd ~lor ~o~ of el~omc ~om no doubt ~fl~ the m~ peru ~ ~ ~ s~ U~e ~ r~d d~ d~pMd ~ p~t~ ~ w~ ~ MI~, ~ m p~ of Soo& ~d se~ ~r ~ c~&t ~d &blt ~&, w~ phm a ~k~b.~g. ~ ~t ~ ~ ~ou~ pa~t d~u~ ~m ~ ~,~ avadabie mfo~ u~ ~ds ~ ~ ~ ~ly Busings pubh~u~ ~ ~ ~e ~ wi~ sto~ a~ut ~ &~ or el~ ~u~ p~s ~ ~tly cond~ ~ht ~. ~J~ ~t ~rds ~m~ CI~s Ho~). ~ ~b~ ~d ~b~ ~z~d ~e ~n ~ ~ ~lym ~ UmMd SM~s m ~ of ~e n~ ~ ~ of ua~o~ ~e u~ of ~btt ~at ~ ~ ~ns b~ ~ o~ ~ ~ ~ ~ ~ to p~!~m ~t ~ U.S. ~ono~ s ~g ~y ~ m ~ at a m~ fa~ ~ ~a~l n~muo~ ~ ~ m ~b~t ~d~d, ~eb~t ~ ~ ~ most raptly ~p~He~ ~ ~d ,o~. ~S pa~t ~ h ~e Umt~ Su~ ~t of ~mmo~ m ~ of vol~e ~me ~j~ ~u~y ~ ~mon ~ ~ a~sed 53 ~ of ~a~ons m M~ of do~ ~ba~s ~ ~ way ~ m~ ~bb ~t h ~t y~ ~ ~b~t ~r~ ~lue Y~ ~n ~ ~nd~ over ~d ~ ~ mvolu ~ A ~ ~t ~r mo~ ~k~n 4 pe~t of ~o ele~mc pa~ n~rh, Fedw~ ~o~t of ~no~ ~ h t~l ~ ~e n~ber u~S pl~e on ~ h~ ~y ~ ~ h ~auon ~ ~ched ~me ~0 Pa~ent S~m} Fed~ ~ o~d by ~y ~p~ ~o~ ~d mtble, ~t ~ ~k ~ ~ s~ ~e~ ~e ~ ~ ~t o~ op~a~d ~ ~e N~ York Clesflng House mvol~ "~pa~' .~o~ ~e U.S. ~n~s b~ n~ o~r deb~t ~ ~non ~d is p~y ~ m s~e ~enu ~ ~m m ~y hu~y ~ ~ ad~d~114 ~t p~ m do ~ ~ of a F~ ~mon is ~ndy ~ pa~ ~[(~ ~ ~) M~a~ ~r ~nd~ ~ ~ Debit ~ a~ ~ for pomt~f-sab a~ut $3 ~o~ w~e ~e a~F s~ of a pa~n~ ~ ~y ~ a ~ (POS) ~o~ ~t ~, s ~m~ ~s ~ ~ a~ut S6 mdhon p~s~ ~U a debit ~ m a ~t ju~ ~ (Gr~) ~ ~e pm~ ~ o~ of ~ b or ~e ~d p~t a ~e~t ~rd But A~. A~ ~ ~, m con~as~ pa~enu (i ~ 'no pa~' ~) ~ ~bit ~ ~a~ons do not mvol~ a~ ~Hy mu~ 1o~ m ~, ~enfly ~ ~fly ~ m ~ U~ Sm~. ~t ~ ~ M~ ATM ~ss~o~ av~a~S a~ut $3,000 ~ou~ ~ ~ ~ ~m ~ ~t ~ ~mom ~ ~ m a su~, ~ ~ ~os~ m ~on m ~e do~t ~ oi ~ h ~ U S, ~ ~ b~ ~c On-~e deb~t o~r ~oM ~q~ ~e ~to~ ~uon's pa~ ~ ~ ~ mo~ e~ ~p~y ~ ~uo~ P~ n~ nd ~ ~o~t of ~e ~ A~ n~ork ~ a ~non~ e~onlc m~ ~ ~ ~u ~ ~- ~on ~ ~y ~bl~d ~om ~e pa~u ~ m w~ pa~t ~c- ~g m ~ It m ~ ~uo~ ~ ~ ~t. Off-~e deb~t ~- nons ~ ~ ~ong p~pa~ ~d A~ ~o~t ~ ~mg ~nt m no~ ,mm-~m, auto--non eU.S. pa~ sy~ei~ ~ ~q~ ~ ~flon m ~ ~ / ~ ~t ~lor ~ of ~ ~ u8~ ~r ~m ~u T~ns~ ~d co~ra~ m ~u It ~ ~ o~ ~ oI n~ ~om, h ~ U~ d~r ~sh ~u~t ~d ~ m~s~ A~, ~&t ~ and ~t ~d u~c- ~ono~ ~e~u m ~pim w~ do not have nora ~r~ to md~ ~, 44 ~ 2000 * C, ov~ F~'~c~ ~ 20,000 financial msutut~om, two mllbon l~inagement Serwce). In keepm$ w~th the customer only has to vistt~ and pay brits, at busmessm, and 100 mtl]ion comumen Soals of the Debt Collecuon hnprovemant that one presenter's Web site. EBPP ts stdl m d~*ctly or mdmiody use the ACIt network Act of 1996, the federal sovemmant has the developmant stasm? but n ts gemns a (NACHA 1999c) As seen in Exhibit 1, been acovely promonos use of eiectromc sood deal of atrenuon ACH ns the second-fastest growing pay- payments under the EFT 99 umhrelh Check Convemon, The same ts tree of ment type m the Umtsd States, Stowin$ at a program, The ACId network ts o~ mrerest POS chesk conve~ton Tins ts a process by 16 percent annual rate m recent y~ars Lfl~e not only becnnse of current acuvtty but which e paper ch~:k ts convened at the debtt cards, however~ 1~ share of overall also beconsn of prospecnve acuvtty Two point o~ sale into an ACH t~sactlon A transacnons remains rehtlvely small, emerging payn~nte v~lcles, electromc bdl customer presents n blank check, which ts currently $ percent, presentment and payment (EBPP) and POS scanned for account m~onoanon The An ACH transacnonJmvolves a number check convermon, are rec~wns mcreused check is then stamped void and either ~ven of pamm At ms root is lan #onsm~tor"~ attenuon from comumers and bosmesss~ hack to cnstomer or k~pt by th~ merchant ~ mthwd ..~1, bnsm. en,[or.sov, eron}.ent~-. Both are ACH.rahted. Either way, · paper check never enters the e~ctron~.~uy ~ans~...S tunas to (cre~t) Ebctennic Bill Presanuncot and Payment syst~n POS check conversion has been or f~om (dchnt) the bank account of an- EBPP ts a way for consumers to recezve and tested at appro~fl,-~Miy 1,700 pdot locu- other party, the "reratver.e Or~mrs and pay bills on the Intsmct. EBPP has two nons and is be~mmn_ g to be offered by some mains retailers (Cba/n Stor~ Age) In receivers gain access to the ACH network componants.-el~cromc bill payment and through ~nanctal insttm ' fl om. Financial electromc bill presantment Elecuomc bill a smular veto, some Interest roes are lnmtu-om, m tom, usa a central clearing payment is already a reality Numerous offering what might bo ~ on-line check hczhty--~u ACH 'oparator'- to pro,ess, provtdcts, both banks and nonbenks, conversion This vehicle is ~!,~!~, to POS dtsmbore, and settle mmsactlons. There currently offer b, ll-paymant serwces tn ch~.k convermon in that the customer first which customers who have received bills m provides check m~ormauon, and then the currently are {our ACH operators in the United States. The larger is tbs Fe t-ertl the mall can contact the prowder by tale- mmsacnon is conw~i~ed to an ACH trans* Reserve, wbtch clears approximately 80 phone or personal computer to anuare acuon. Lake its POS counterpart, however, pedant of all ACH .tral~.o?. . payments. ~Fbero possible, payments, are such transacoons are just sterna8 to be t ne ACH networz tS men mr a variety made through ACH transacuons, omar- used. of transocuons Most ~,,,,I,,,~ perhaps, are wise, they are made by check. . direct deposit transacu0m, m wb!~__h_ Use o~ electronic bill payment is becum E-Money m(hvtd~s!~ have thetr salary pay or govern- ms more popular, reportedly doubhns m Another class of emersm8 e-payment meat benefits directly doposiud into tbe~r 1997 from a year earber (Furst and otb- msmmianu might be ~ouped under the checkms or sovmp ac~ounu Ro~hly $0 ers) EBPP combmas electromc payment term "e-money." Although most of these percent of employees n~w par~. =pate m w~th electtomc presentment; that ts, it have g_~_ e,~tnd only lumtsd consumer and payroll deposit prosrams, ano/~ percent hrmge bdls on-line to the cuusumec The me~bs~t mremat to date, the ~soup m- of Social Secunv/rec~pmats now rec~ve consumer is able to e_~__~_s lus or her bdls cindes soma umovauve and potsmially their benefits elect~.o~.~.y. A second way on-line and then to pay on-line Two miportant paymanu mechanisms m which many mchvlduals and households pnnclpal models are betas developed for SMred-velu~ lmumnenu One type of e- use the ACH network is to m_~_ auto- dom$ so In the first, the Billet Direct money ts prapaid etored-ulue psoducu model, the b~!!~$ firm (say, a uuhty) mekm Funds are stored m elecuonic {omi on mane, recorru~ bill payments, such as mortgage and usihty payments. Bill pay- tu bill available to the consumer at the either rards--~stored-valued cards"--or manta and other consumer debits Senerared firm's web site The consumer accesses the on compotsn-- "e-cush.' Stored-value L2 btllinn ACH transSctinus m 1998, a 17 btll and pays it vm ACH or crecht card The cards can be either multipuspnse (open- percent increase from ~ ynsr nsrhet drawback le the consumer has to vtsit the systsm) cards that aronsed to mnb~ a (NACHA 1999b) Web sites o~ all bflless. In the second umdel, variety of payments or ~p~e-purpnse Bnsmesees also use rite ACH network the Consolidator model, some thrrd-party (clnsed-sy6t~m) carde that are used more exrensiveiy In odthtton to offennS payroll #presenter~ collects bdis f~om a number o~ narrowly. E-tush producu are typically deposit prosrams to e~npinyess, many bfllen and makes them available to the mulupnspoes m demsn. busmmses use ACH tg. lpay- suppliers and consumer at a central rote In this case, the Thara are numerous ~'-~,~ples o~ staBle- contractors electronically. Some businesses, pamcolerly large rerel~e.~ use the ACH network to consolidate {onds received at dtspersed Iocuuons. Ami a Stowing num- ber of bosmesser ~ .~ m'-~'-;S corpo- rate tax payments m.A. CH. The durd major oristnator o~ ACH transacoons ts the fed~?.l}overnment Currently, 73 percent Of all U.~. Treesury- chsbotsed payments a~e conducted elec- tromcally, mcluchns 96 percent of payroll payments, 73 percent o[ benefit payments, and $0 percent of vetldor payments (.U S Department of the Trdaso-'y, Financial I mass uanm cards, ~ephone ca~ds~ photo- ~lecuom .c~uy..~ause ~ ~ ~ o~. p~op~y ~p~ ~ ~d ~ ~ ~- ~ed m ~ ~u~ ~ mr ~e o~ ~ ~ ~pa~t ~t ~, ~t~ ~ ~ o~ ~ ~ ap~ m ~ ~ tt ~s ad~ ~ ~?~ debtt ~ ~d A~ ~o~e ~but~~t ~ ~ee~~uyo~g~s~ ~ounnngf~a~ofUS ~am- m o~ ~ of ~ ta~ of ~ on a h~d bras ~ ~ U S T~s~ a~om ~o~ novel e-pa~t ~s ~ve h~ ~m. F~ l~s p~t m multi- ~p~ w~ ~y ~pl~ ~ ~ ~t~ . b~e ~ol~ ~ ~ a ~m~ ~p ~e U.S. ~ ~ ~ ~ ~non m ~ ~tn~ ~ n~t ~ m~ ~mo~ ~. ~ ~ s~ ~s sno~ ~uc ~ m ~m~ ~o~d pro~ ~l adv~n~ of ~ ~ apph-~ u~, ~d ~e ~ ~o~ ~ ~e ~o~ ~nd, ~e ~ m ~ m ~ Um~ S~ S~ ~ ~ o~n~ ~ m a~ Um~ m~ ~y ~ h~ quay ~d m what ~d~t ~mpu~ ~t ~ s~e ~ ~ s~l a~ve fu~ U S ~nomy O~ of ~ d~ ~a~c- who ~ ~ ~d ~ ~ ~ ~ m ~* ~= No o&~ sm~ ~m~g ~- ~u. A ~t ~ teb a ~ ~ of a~bum h a~u~ b~ ~1o~ ~ ~ h ~ a ~- o~ ~n*.~ o~-,,~uom have s~ p~h~ (~ ~ ~ ~) ~u of ~ ~ ~ m ~e ~ ~H~o~ wh~ m ~ ~ ~ sp ~ ~-~ a~ ~ 1o~ ~ ~ ~e~ ~ ~n~ ~a~ ~ ~ ~ ~ ~e UmMd SU~. One ~o~d ~ p~ ~ ~y m ~ ~at ~i~y ~n ~m ~e ado~on a~pa~u~ ~ ~ ~ ~t ~ ~y ~ pa~u ~,te~ co~ O~ mv~ b~_~ ~ ~t ~ ~ ~ mam~ Cu~m- ~ money ~ ~, ~o~ ~ ~ ~ h~e ~t ~y ~o~ n~ mvol~ b~ ~ a ~ ~U ~h~m ~ ~ ~ ~ho~ ~mp~y.~ A ~d ~r ~t ~y ~ con~but- ~t ap~ ~ ~ m ~ m ~ 81~ ~ of ~mon~ ~- m~ . ~ ~d ~m~b~ roues nolo~ ~mom~ a[~u~ o~ ~ . ~, ~u~ ~t ~ ~d vano~ ~mp~ ~. ~ ~ o~ m~y ~t ~m~t o~ ~e U S p~~ ~, d~ pa~U ~m. ~ ~e U S pay- CITY OF DEN7/'ON, TEXAS PARKS & RE T 321 E McKINNEY ~ DENTON, TEXAS 76201 (940) 349-PARK * FAX (940) 349-8384 DATE April 6, 2000 TO Denton C~ty Council FROM Kathy Mosby Supenntendent Parks & Recreation Department SUBJECT Master Card and Visa Acceptance I am writing ~n support of the proposal being submitted to you to allow the acceptance of Master Card and V~sa credit cards to pay for mty servmes The Parks and Reereatmn Department registration database contmns more than 15,000 ~nd~v~dua~s who have partm~pated in our programs s~nce the database was ~mtmted two years ago Our customers t~me and agmn ask us for the convemence of paying for our classes and programs on their Master Card or Visa Many do not have a D~scover Card and cannot understand why that card ~s accepted, but the mom w~dely d~stnbuted ones are not In order to prowde the baghest level of customer service, we w~ll be posting our entire summer brochure on our webs~te for the first t~me this summer for ~nformat~on purposes and we anttc~pate Ithat this w~ll generate requests for onhne registrations Interact registration wdl not be practical W~thout accepting major credit cards Payments must be received at the t~me of registration for our programs, and w~dely accepted credit cards provide the only method that would acOomphsh that task onhne Our department ~s w~llmg to subsidize the cost of doing bus~ness by credit card and will adjust fees accordingly ffnecessary Because our customers repeatedly ask us for th~s convemence, I strongly encourage you to please take ~nto consideration our customers' repeated requests that a major credit card payment option be made available Thank you for your consideration ~,oendaltem /---(~#/7~ - Date /~/~ ~/~::? - AGENDA INFORMATION SHEET ' ' AGENDA DATE: June 27,2000 DEPARTMENT: Engi. neenng & Transportation DCM: Dawd Hill, Assistant City Manager/Development Serv~ces~x/~, / SUBJECT: Receive a report, hold a discussion, and give staff direction regarding gated commumty constderatwn for the Hunter's Ridge Subdlwslon BACKGROUND: Councd Member ICnstoferson requested tlus ~tem be placed on a work session for considerat~on Recent zomn8 activity m the area ~s beheved to be the primary consideration The Hunter's l~dge Subdiv~ston was constructed w~th pubhc roadways and 50' dedicated r~ht of ways The road in question is named Hunter's Padge Circle It has two access points to Ldhan IVhller Each would rgqmre a gated entry Traffic on Ldhan Mallet Is operating faster tha~ tha speed hnut voth an 85~ percentile of nearly 50 mph Ldhan Mallet is a secondary arterial and was covered m detad m the Teasley Lane Corridor Study Capacity Is a serious consideration in that the gated area wdl slow cars to gan access to the subdiwsion Ldhan Mdler is also a lully roadway that has lurated slgl~ d~stances Tlus area is better than the northern component m that the terrain begins to flatten somewhat A copy of the Plat is attached OPTIONS: 1 Approval 2 Disapproval NA RECOMMENDATION: NA PRIOR ACTION/REVIEW ¢Council. Boards. Commissions) NA FI~$C.~L INFORMATION Construction of the gated entrances would normally be at the cost of the subdivision and not the CtO~ of Denton Respectfully subrmtted 1 Smokerise Circle (50' R.O.W.) 1 Agenda Item Date AGENDA INFOR~TION SHEET AGE~DA DATE: June 27, 2000 DEPARTMENT: Pla~lng ~d Dev~opment ACM: Dave Hd SU~I CT: Rcce~v ~ a repo~, hold a d~seussmn ~d g~ve stuff d~rect~on regarding thc use of conser ~atmn easements, l~d ~sts ~d other methods to achmve the C~'s open space object~ BAC~ GROUND: Co~c Member ~stoferson recently requested that ~s topm be d~sc~sed at a C~W nd Co~c I work sessmn In a prewous work session on Febm~ 22 , the Cobol received a copj of a booklet t~tled, "Co~e~atton Opnons A Landowner's Gutde", and staff comm~ ~ed to ~h~ study of v~m~ optmns to protect open space, ~ncludmg flood pitons ~d o~er env~ro~entally s~s~t~ve ~c~ (ESAs) Staff ~her suggested at t~me ~ at ~e ongoing work on ~e development code would help prowde definmon to OW's ~pen space objectives ~d related re~lato~ reqmrements The Dgnton PI~ estabhshes ~e polmy ~amework ~d broad goals for the protectmn ~d use o~ open space for enwro~ental, recreational, ~a~nage, Wanspo~atton ~d other p~o~es However, ~e PI~ does not set fo~ specific objectives nor does ~t ~dent~ spec~fi~ propemes for protectmn ~om development Such detad ~s le~ to f~ct~onal maste~pl~s ~ks, ~amage), ~e ?tenm development re~lat~ons ~d the cm~gmg work 0f ~e development code Conse~at~on e~ements ~d l~d ~ts may represent use~l tools, ~th whmh to achmve open ~ace object~ves ~de avadable to ~e C~W, ~ese me.ods are pnm~dy used by pr~vat~ l~do~ers ~d private pres$~aao~conse~atmn ~oups The Co.cd has also ~scus~ed ~e ~e of Pubhc Improwm~t D~smcts (PIDs) ~d a ~amage utd~W fee as poss~b~ ~dmg mech~sms PerhaI ~e ~mpo~t question at ~s j~c~e ~s not whmh of ~ese methods to me, but ra~er what end we w~t to applyi them ~tle ~e C~ Co.cd has rewewed a map fl tat mwntoned ESAs ~ou~out ~e c~, no decisions have been made reg~ng whmh of ~ese spaces m protect W~out cle~ d~rect~on on open space object~ves, ~t hkely ~at ~e C~ ~11 owrloo~ prese~at~o~conse~at~on oppo~t~es, fad to proact wly enco~age private vol~ta~ effo~s to do so, or devote inadequate reso~ es to ~ts p~ose ~e fidlo~ng questions should be,,~swered, ~f ~e C~ ~s to achmve ~ts open space object yes I What is the tnventory of spaces and natural resources we desire to protect Whtch spaces should be protected tn their existing, undeveloped state (preserved) or protected for hmlted recreational and other common purposes (conservatton)9 2 Of these spaces, whmh can be protected either through private (voluntary) means and whtch must be pubhcly safeguarded9 3 Of those spaces that must be publicly protected, how should they be pnonttzed9 Whtch seem "t~me-cnttcal"~ 4 Which spaces can be protected through regulation, and which must be secured through an expandtmre of public funds* 5 How much public fundtng are we vallmg to commit to the acqmsttion of open space, exther tn fee ownershtp, easement or other property rightso 6 Once acqmred, what will be the management costs assomated wah these spaces9 A complete and comprehensive defimtton of our open space objecttves ~s needed, tf the C~ty's efforts are to succeed and ~ts resources spent effectively An assessment of our open space needs and a plan to meet them would be useful If Councd so dtrects, staff wtll prepare a proposal to fund and a schedule to develop an Open Space Plan, ~ncludlng a process to recetve pubhc ~nput OPTIONS: Th~s ~tem has been scheduled for d~scuss~on at the Council's request Ctty Councd may concur w~th the staff's recommendation or prowde other dtrect~on RECOMMENDATIONS: Staff recommends that an Open Space Plan be developed to define the Ctty's open space obJect,yes and grade thetr pursmt ESTIMATED SCHEDULE OF COMPLETION: Pending Council's dtrectton PRIOR ACTION/REVIEW: Work Sessmn of February 22, 2000 FISCAL INFORMATION: None at thts t~me EXHIBITS' None Agenda No Agenda Item Date AGENDA INFORMATION SHEET AGENDA DATE: June 27th, 2000 / DEPARTMENT. Planning & Development D~partment CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT Receive a report, hold a discussion, and give staff chrectlon regarding the Development Code Rewrite project including, but not limited to, the project schedule and the role of the Development Code Committee BACKGROUND At the joint City Council Code Committee meeting of July 22nd, the Council directed staff and the Committee to develop a schedule to conclude their review of the Development Code The following is a brief summary of the topics covered at the meeting The Role of ~he Code Committee. To review the consultants work product and offer comments as indicated in the Scope of Services for the Development Code Work Prodttct: The Committee, per their charge, is to work by consensus Consensus means those comments the consultant agrees with and which implement the ideals of The Denton Plan will be incorporated within the draft Development Code Those comments not incorporated in the draft code will be documented and forwarded to the City Counml Schedule oflthe Code Committee and Ultimate Completion Date. The Committee agreed to complete their review in two months At their next meeting, July 13th, the Committee will approve a detailed schedule The revised schedule needs to reflect Council's review of the document In order to finalize the schedule staff needs direction on the Council's level of involvement in the Development Code review process We are intending to bnng the final draft to you prior to releasing it for the public review meetings and a decision needs to be reached on the level of review that the Council will undertake at that tune The attached schedule proposes an all day meeting on August 11t~ with the Council Staff and the consultant intend to prepare a cohesive pubhc schedule, review program and exhibits that will allow the pubhe to have consistent reformation, presentation, and one code package for review and comment OPTIONS · D~rect staffto move forward as recommended · D~rect staffto proceed with other options ESTIMATED PROJECT SCHEDULE On July 24th, the consultant will dehver a complete draft of the Development Code to the staff FISCAL INFORMATION In August 1999, the city contracted w~th Fregonese Calthorpe Assocmtes for $262,575 to include services related to the new development code Respectfully submitted ~AICP D~rector of Planning & Development ATTACHMENTS A Development Code Schedule-Draft 2 Attachment A- Development Code Schedule - Draft Code Committee Renew Timeframe ~ Staff 0ngo~ng Work Regular Schedule of the Code Commtttee Regular Meetm§s of the C~y Councd Regular Meetm§s of the Planning Commission Pubhc Rewew 3 AGENDA INFORMATION SHEET Agenda No Agenda Item. Dat AGENDA DA~E: J~e 27, 2000 DEP~TMENT. C~W M~ager's Office CM M~kc Jez ~ SUBJECT Consider appointments to City Council committees BACKGROUND Mayor Brock requested that th~s ~tem be scheduled for the May 23rd Work Session Due to the length of the meeting, th~s ~tem was rescheduled for the June 13th work session However, as a full Council was not gmng to be present at the June 13th work sesmon, the item was held over for thru meeting Members of the City Council serve on demgnated standing committees to afford policy gmdance and d~rect~on to the staff The commattee assignments are rewewed annually by the City Council to allow the oppomm~ty to make adjustments ff necessary The attached mformat~on provides a brief hmtory of each Council commattee plus Council responses for cons~deratmn of placement on the committees Respectfully submitted ~a~'[i' ~lters ' (17ity Secretary CITY COUNCIL COMMITTEES AGENDA iCOMMITTEE The Agenda Committee was estabhshed by Ordanance 96-085 The ordinance indicates that the Agenda committee will be composed of the Mayor, one other member of the City Council selected by the Council, and the City Manager .4 UDIT COMMITTEE The Audit Conumttee was started in 1992 but does not have any formal enactment document Audit standards recommend independent representation on the committee Current members include the Mayor (a permanent poslt~on), two council members, the Internal Auditor, the City Manager, the Assistant City Manager for Fiscal & Municipal Operations and the Assistant City Manager for Uttht~es Council memberslup on the committee may be as many or as few as desired INVESTMENT POLICY COMMITTEE Thc Investment Pohcy Committee was enacted by Policy g408 04 Thc Pohcy lnd~catcs that the members will consist of the City Manager, ]Executive Director of Finance (now the Assistant City Manager for Fiscal & Mumclpal Operations), the Director of Fiscal Operations, Mayor and one member of the City Council VISION COLLABORATIVE The Vision Collaborative was enacted as an outgrowth of a report from the Vision Subcommittee That report recommended that the memberstup of thc Collaborative mclude one representative from each of the sponsonng orgamzations (the City of Denton, Denton Chamber of Commerce, Denton Independent School District, Denton Record-Chromcl¢, Dentun Umted Way, Texas Woman's University, and the Umvcrslty of North Texas) Thc representatives serve for two-year terms with reappomtment at the discretion of the sponsonng organization LALOR FUND COMMITTEE Started m 1995, the Lalor Fund Committee docs not have any formal enabling document The Committee was started at thc request of the then current Council to momtor the allocation and use of the hotel occupancy tax and make recommendations to the full Council to ensure that the tax is being used to promote tourism and the hotel and convention mdustry Thc original memberslup resulted from council members who were interested m the ~ssuc at that t~mc There is no set number of Council members who can serve on this committee COMMUNITY JUSTICE COUNCIL The Commumty Justice Council was estabhshed according to Article 42 131 of thc Texas Code of Cnmmal Procedure That Article ln~hcates that a Justice Council has to be estabhshed as a prereqmstte to estabhshlng a community corrections faclhty The Commumty Justice Council provides contmmng policy guidance and dJrectton for the development of criminal justice plans and commumty corrcctmn faclhtles and programs Among the members of thc Justice Council ts a council member of the most populous mumc~pahty in the County that the facility will serve LAKE RA y ROBERTS PLANNING AND ZONING Enacted b~ S B 209, the Lake Ray Roberts Planning and Zoning consists of 3 residents of affected precincts who own land in the County appomted by the County Judge, one resident of each comm~ssloi~ers precinct that ~s affected appointed by the County Commissioner for that precincts, and the M~yor or bas designee that includes any part of the lake area in the county CONVEN~flON AND VISITOR B UREA U The Denton Convention & Visitor Bureau was zmtlated ~n 1976 by the Denton Chamber of Commerc~ to promote events and attractmns, provide hospltahty education, and ensure a positive expenenc~ to Denton v~s~tors It operates wa an agreement between the C~ty of Denton and the Denton Chamber of Commerce The Bureau consxsts of an Adwsory Board that makes recommen~latxons to the Chamber of Commerce Board of Dxrectors Th~s Board includes Chamber members, ~ommumty volunteers, and a c~ty council representative JOINT TAX ABA TEMENT COMMITTEE Tbas Comamttee is enacted through tho Tax Abatement Pohcy The committee serves as the recommel~dmg body to the taxing entities regarding whether economm development lncentzves should be Ioffered in each md~viduals case The committee is comprised of two elected officmls from each I of the taxing ent~tles revolved (the City of Denton, Denton Independent School District, and Denton County) ENVIRONMENTAL COMMITTEE There is no official document enacting the Environmental Committee The Committee was started in 1998 at ithe request of two Council members who were interested ~n traclang water and air quality xssues as well as enwrnumentally sensitive areas No specific number of members has been set for thts comnuttee D.4 LL,4S ~.EGIONAL MOBILITY COALITION In, 1997, ~he City of Denton entered znto an lnterloeal agreement with the Dallas Regional Mobthty Coalztzon !for the purpose of examining all zssuas related to and recommendmg transportatmn improvements and other related actmns for the portmn of the Dallas Metropolitan Area served by Dzstnct 1 $ of the Texas Department of Transportation The Executive Committee adm~msters and governs the affmrs of the Coalition It consists of seven members, one each from the mtzes of Carrollton, Garland, Grand Prame, Irwng, Mesqmte, Plano and Rachardson bexng e~ther the Mayor or another elected officaal designated by the City Council, four members, designated by the Mayor of Dallas~ being ezthar two or three elected offimals from the City of Dallas and one or two community leaders who are non-elected offictals, four members, one each from Colhn, Dallas, Denton, and Elhs County, being either the County Judge or another elected offimal designated by the CounW Judge, elected officials from those reties not represented m either of the first two categories, one commumty leader (non-elected officml) appointed by the Dallas County Judge, four ex-o-ffimd members being the Texas Department of Transpor~atmn District 18 District Engineer, the Executlv~ Dzrector of the Texas Turnpike Authority, the Executive Director of the Dallas Area Rapid Tr~mszt Authonty, the Staff D~rector of the Regional Transportatzon Council, and one business leader (non-elected official) appointed annually by the Legtslatlve Coalition of the Dallas Area Cha~nbers of Commerce Based on Denton's population, one Executive Commxttee seat ~s available ito be filled by the Mayor or another elected officml Mayor Brock has asked Council Member Burroughs to be the Ctty's designee to the Coaht~on REGIONAL TRANSPORTATION COUNCIL Since 1974, the North Central Texas Council of Governments has served as the Metropohtan Plannang Orgamzataon (MPO) for the Dallas-Fort Worth Metropohtan Area The Regional Transportataon Council (RTC) is the polacy body for the MPO The RTC consasts of 37 members, predomanantly locally elected officaals, overseeang the regional transportation planning process and project selection The City of Denton has one representatave on the RTC WESTERN METROPLEX MOBILITY COALITION In 1999, the Regional Transportation Cotlncll (RTC) formed a Western Metroplex Moblhty Coalition to expedite the funding and implementation of regional transportation improvements, to address transportation aasues and opportunlt~es of common interest, and to faclhtate a dmlogue on the importance of transportation system investments an the western portion of the Dallas-Fort Worth Metropolitan area Membership includes the Regional Transportation Council members representing the cat,es of Arlmgton, Denton, Grand Prime, and Fort Worth, the RTC member representing the cat,es of Haltom CaW, Keller, Watauga, North Pachland Halls, Saginaw, and Pachland Halls, the RTC member representing the caUes of Bedford, Euless, Hurst, Colleyvllle, Grapevine, Southlake, and Trophy Club, the RTC member representing the crees of Lewasvalle, Flower Mgund, Hxghland Village, Connth, and Lake Dallas, the RTC member representing the cities of Mansfield, Benbrook, Forest Hall, White Settlement, Azle, Crowley, Paver Oaks, Everman, and Keunedale, the RTC members representing the counties of Denton, Johnson, and Tarrant, and the RTC ,members representmg the TxDOT Fort Worth District, the North Texas Tollway Authority, and the Fort Worth Transportation Authority plus one mvned representative each t~om Hood, Parker, and Wise County CITY COUNCIL COMMITTEES CURRENT REQUESTED AGENDA COMMITTEE Mayor BrOck (Permanent member) Mayor Brock (Permanent member) Mayor Pm Tern Beasley Mayor Pm Tern Beasley Clt7 Manager (Permanent member) C~ty Manager (Permanent member) AUDIT COMMITTEE Mayor Brock Mayor Brock (Permanent member) Council Member Burroughs Council Member Durrance Does not want to be reappmnted INVESTMENT POLICY COMMITTEE Mayor Brock Mayor Brock (Permanent member) Council Member Knstoferson Does not want to be reappomted VISION COLLABORATIVE Council Member Burroughs Council Member Knstoferson LALOR FUND COMMITTEE Mayor Pro Tern Beasley Mayor Pro Tern Beasley Council Member Cochran Counml Member Young COMMUNITY JUSTICE COUNCIL Council Member Durrance Does not want to be reappointed Lara aoB ,aTS P & z Mayor Pro Tem Beasley Mayor Pro Tem Beasley CONVE~ITION & VISITORS BUREAU Mayor PrO Tem Beasley Mayor Pm Tem Beasley JOINT TAX ABATEMENT COMMITTEE Council Member Burroughs Councal Member Durrance Does not want to be reappointed 1 ENVIR~2 NMENTAL COMMITTEE Mayor Pr ~ Tern Beasley Does not want to be reappointed Council Member Knstoferson Council Member Knstoferson Council Member Cochran Council Member Dtarance DAI,I,AS REGIONAL MOBILITY COALITION Mayor B~ock Council Member Burroughs gEGIONAL TRANSPORTATION COUNCIL 2ouncfl Member Burroughs Council Member Burroughs CITY COUNCIL COMMITTEES CURRENT REQUESTED WESTERN METROPLEX MOBILITY COALmON Council Member Burroughs Council Member Burroughs Cotmcfl Member Knstoferson AGENDA AN ORDZNA/~CE;tMENDING ORDINANCE NO. 94-183, AS AMENDED, AND SECTION 2-29 oF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS RELATING TO THE RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF DENTON, TBF~%S~ BY PROVIDING CERTAIN RULES ESTABLISHING THE ORDER OF BUSINESS AND CLARIFYING TIME LIMITS ON PRESENTATIONS BY CITIZENS BEFORE THE CITY COUNCIL; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Attorney General has ruled that the Texas Open Meetings Act does not entitle the public either to choose the items to be discussed before the Council or to speak about items on the agenda; and WHEREAS, the City Council deems it in the public interest to establish rules providing citizens the right to speak at Councll meetings within certain time limits and under certain rules which will preserve the ability of the Council to effectively and efficiently conduct its public meetings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ~ That Ordinance No. 94-183 is hereby amended by amending Section 6 ,'Order of Business", sections 6 1 through 6 7, inclusive, and amending Section 2 29 "City Council Procedures Order of Business" of the Code of Ordinances of the City of Denton, to read as follows~ 6. O~ OF BUSINESS $.1 ~aenda~ [2-29(a)] The order of business of each meeting shall be as contained in the agenda prepared by the City Manager, which shall be reviewed and approved by an Agenda Committee composed Of the Mayor, one other me~tber of the City Council selected by the Council, and the City Manager. The agenda shall be a listing by topic of subjects to be considered by the Council Placement of items on the agenda shall be governed by this Section and Section 6.3; provided that if a Councilmember has an ,'emergency" item that the Councilmember believes should be placed on the next regular or special meeting agenda, the placement must be approved by two members of the Agenda Committee. Conduct of business at special meetings and Council committees and subcommittees will likewise be governed by an agenda and the rules of procedure contained herein. 6.2 Pledae of Allegiance* [2-29(b)] Each agenda shall provide an item for the recital of the ,,Pledge of Allegiance" at the regularly scheduled City council meetings. This item shall begin With the recital of the pledge of allegiance for the United State~ flag and shall follow with a recital of the pledge of allegiance for the Texas state flag in accordance with article 6139(b) of Vernons Annotated Texas Civil Statutes. PAGE 4 OF ]0 POLICY/ADMINISTRATIVe'- PROCEDURE/ADMINISTRATIVE, DIRECTIVE (Continued) TITLE INV~.~T~ POLICY REFERENCE NUMBER 408.04 transactions that might impair public confidence in the City's ability to govern effectively The governing body recognizes that in diversifying the portfolio, occasional measured losses due Io market volatility are inevitable, and must be considered within the context of the overall portfoho's investment return, provided that adequate diverslfieauon has been implemented V INVESTMENT COMMITrEE Them Is hereby created an Investment Committee consisting of the City Manager, Executive Director of Financo, Director of Fiscal OperaUons, Mayor, and one member of the C~ty Couocd. The Investment Committe~ shall meet at least quarterly to determine general strategies and to monitor results Included in ~ts dehberations will bo such topics as economic outlook, portfolio diversification, maturity structore, potenual risk to the City's funds, authorized brokers and dealers, and the target rate of return on the investment portfolio The committee shall establish its own rules of procedures. VI RESPONSIBILITY AND STANDARD A The management responsibility for the investment program ls~ hereby delegated to the Executive Director of Financo, who shall estahhsh written procedures for the operation of thc investment program, consistent with this investment policy Such procedures shall include explicit delegation of authority to the individual(s) responsible for investment transactions. The primary individual who shall be involved in investment activmes wdl be thc Director of Fiscal OlX~rations Both the Execuuve Director of Finance and Director of Fiscal Operations are designated as investment officers. Accordingly, the investment officers shall attend at least one trmmng s~ssion relating to their responsibility under the Act within 12 months after assuming duties. No persons may engage in investment transactions except as provided under the terms of this policy and the procedures estabhshed by the Executive Dlrecto~ of Finance The Executive Director of Finance shall be responsible for all transactions undertaken, and shall estabhsh a system of control to regulate the activmes of the Director of Fiscal Operations The controls shall include a monthly process of independent review by ~. ~ ~.~~, and an annual review by an external auditor. The reviews wdl provide ~~l~b~'~assunn§ comphance with policies and procedures B The Executive D~rector of Fmance, Director of Fiscal Operations, Mayor, City Council, City Manager and other Finance employees shall be personally indemnified in the event of investment loss provided the Investment Policies and Omdehnes are followed AFF013DD Vzsion Collaborative DENTON VISION PROJECT Report of the Subcommittee n the Future of the Vmlon ProJect April 17, 1998 ~ Members Jim Alexander, Rom Beasley, Fred Patterson, and Virginia Wheeless (Chair) Summary and P hdosophy The eommRtee concluded that the Vimon Project has achieved many accomplishments and the philosophy of what Denton wdl be in the 21st century has become embedded m many activities and events throughout the city The committee reeogmzed that the Vision Cabinet is not necessarily the group that implements initiatives that aclueve the basic missions of the mmon project This responsibility belongs to the seven sponsoring organizations and the many standing committees and ad hoc community groups and organizations that have become actively revolved in many of the VmlOn's projects The Vmion Cabinet was not designed to be a gatekeeper of actions taken by the sponsoring organizations or other city entities, nor was tt to be a group that, by itself, would implement initiatives It is for these reasons and because so much has happened related to the V~mon of Denton plan, the subcommittee offers the following recommendations for adoption by the Vis,on Cabinet RECOI~d~IENDATION 1: The Vision Cabinet would be dissolved and replaced with the Denton Vision Collaborative (DVC) effective September 1, 1998 RECOMMENDATION 2: The purpose of the new Denton Vision Collaborative (DVC) shall be to a provide a means to share ideas among the sponsoring organizations and Denton business and mvic leaders about actions and projects that could be implemented to address further the missions of the V~mon Project, b continually gather reformation and ~deas about issues and events in the region, state, nation, and world that will impact Denton in the 21st century, c provide a forum where the impact and lmphcations of major issues confronting the city and its future can be discussed and way to address them identified, d develop, no later that August 1999, a proposal on a new vmlon/planmng process that would begin in 2000 and present it to the seven sponsoring organizations for implementation, and e monitor progress toward achieving the missions of the %sion Project and provide periodic reports to sponsoring organizations and the Denton community, RECOMMENDATION 3: Membership on the new DVC shall include the following One representative from each of the sponsoring organizations (the City of Denton, Denton Chamber of Commerce, Denton Independent School District, Denton Record Chromcle, Denton United Way, Texas Woman's University, and the University of North Texas) The sponsoring organizations should be asked to make their appointments no later than October 1, 1998 Representatives shall be appointed for two-year terms wath reappolntment at the discretion of the sponsoring organlzatlon Six additional leaders in Denton one from a large business (more than 100 employees), one from a small business (as defined by the Small Business Bureau), two from civic groups, and two ethnic- minority representatives from any aspect of the city None of these additional members shall be from sate or education orgamzatlons and agencies These additional members will be selected by the newly appointed representatives from the sponsoring organizations Members selected shall serve two-year terms w~th possible renewal for an additional two-year term Initial appointments will be for staggered terms, with some appointed for one year and the remainder for two years Ex officio members shall include the Denton City Manager and the CEO of the seven sponsoring groups or their designee RECOMMENDATION 4: The mayor of the city of Denton shall serve as the chair of the DVC A vice-chair shall be selected by the DVC members The Denton City Manager shall provide appropriate staff support for the DVC's work RECOMMENDATION 5: Any remaining funds m the Vision ProJect treasury shall be used to help the new DVC carry out its work to meet its purpose If additional money is needed, the DVC shall determine how to raise such funds RECOMMENDATION 6: The new DVC shall plan a "Celebration of Civic Spirit" and kickoff of the new vision process for 2000 This event should provide opportunities to show community members what has been accomplished from the vision project RECOMMENDATION 7: The new DVC should become well informed about issues that will impact the future of the city Therefore, it will be necessary for this group to develop ways to say abreast of trends and future issues One of the first agenda items for the new OVC should be to determine how this can be done and to develop a plan to achieve this goal Such matters as implementation of the CIP and the master plans of the various sponsoring agencies should be included as important topics The subcommittee believes that it is important to note that this new DVC will not be an action group, 1 e, a body that actually implements initiatives, nor one that approves actions proposed by the city,agencies, businesses, and other entities The recommendations provided above provide a mechamsm to work as a team in the best interest of the citizens of Denton, not any one group or entity CO~UNITY JUSTICE COUNCIL (~h. 78~, § 0.0~ ~,~ IdF,610I,ATUBK--BF~ULAS S~8810~ fl[~ iA~Oi0LATUBB--RBGULA~ 8~t ~ COMMUNif~ CORRgC~ION$ FACIr. ITI~& COMMUNIT~ .IU$?IC~I ($) ~Ae ,m~rpifor of tile Dsl~r~ ~mm~ft~ ~tlo~ ~liM~ ~ ~ g~ ~d ~ Sevt~ ~, A~b 3LI~ ~ M~f Red.at,on ~tk ~por mfl~ tka~ ~ ~n~ or u~em~li~d ~litf~ d~b~d ~ tA~ m~e~o~ (~) ~ Io~1 or ~tonai ~on ~ mspo~btltg~ ~r ~) At a p~m~ ~ ~bi~tn~ g wmmunff~ ~gto~ltg~ under ~b ~m~m~t ~ ~ ommunt~ J~H~ ~flal m~t ~ ~bl~d b~ ~ dbt~t f~ tk~ ama ~ ~ s~d ~ t~ judg~ orjud~ un~ a ~ or ~u~l ~ in ~e ~mmun,t~ on ~ ~o~l~ (11) ~e ~p~tatt~ poli~ guidan~ and diction ~r t~ d~p~ ~ ~dmingi jmtl~ ~lam a~ (J~ a Z~e~ed ot~mq ~ko J ~ommunit~ ~fio~ ~ii~a and ~ d ~um/ should ~ ~ ~ ~ p~ttce ~o~ p~ma~ or ~r de~ (13) a ~urt ~min~tmt~, ~l~ ~ ~ ~ ~ ~ ~ m~n$ di~o~r The ~r~ment o~d o~r ~ploffm to p~r~ t (~) a coU~ ~mm~o~ or · ~unf~ ~dp ~m g ~oung~ ~ be se~ ~ ~ ~lif~.v~e~n~mm~and~nt¥~dg~t~un~i~ 8~ 5 5T~DARD5 ?~R O~ (~) · ~W ~u~l ~ ~ tke m~ po~ muniapah~ m a ~n~ ~ ~ ~) ~ be ~li~l~ ~r app~ntn ~d ~ ~ ~ll~ (1) m~ ha~ o~q~i~ a (~) not mom ~ ~ s~te le~l~ el~g~ ~ a ~un~ ~ be ~ ~ ~ Bd~tfon G~inatln~ goGr ~lf~, oh~ bff the a~ ~ el~fed ~m ~e gounti~ ~ ~ ~ b~ fa~lity, ($) unl~ ~h~ ~or's d~ (~) ~f p~ding ~ud~e~m a Judl~i dbt~ ~ ~ so~ ~ lhe~hgy, ck~n so,al ~or~ pe~choio~, so~m b~ ghe d~l~d lu~ ~m the judi~ d~t~ ~ be s~ ~ g~ ~lttl, d,~o~ m~t count~ ~ ~fe~ ~ ~ ~llt~. ~ ~ v~n b~ ~e j~ ~s~m~ ~unt~ (g) one ~e~r vour~ m~ ~mtflal ~d~ tn ~ ~un~i~ to ~ fe~d b~ th~ ~h~, g~up ~rk ~ A~ ~en ~ltt~. ek~ b~ t~ ~unt~ at~s ~ ~minal ju~diagton ~m gas ~n o~r under ~ sect~ ties to be se~d b~ ~ ~lit~, (~ ~ di~n ma~ ~bl~ ~) a db~ 4t~ w ~min~ d~f~ at~m~ ~m a /~d~al d~t~t ~ b~ pe~o~ m~ttng the ~qut~ se~ b~ t~. ~mfn ~ ~Ae db~og a~m~ or ~mmal d~t~t ~ ~ jud~ dbg~ ~ ~d b~ ~ht~, and ~ee ~, ~MPLOYBHS, BBN s~tio~ d~a~n~ employees ($) au eleOt~ m~r ~ ~ bo~ o/ t~f~ ~ an In~ng svk~l dbtHog in t~t ~th ~e m~ ~pulo~ a ~unf~ ~ ~ se~ ~ tke~h~, o~ ~ the m~ ~ ~ ~t~ rets~g pla~ and the ~ tnd~n~f ~! d~t~ ~ tn ~nfl~ to ~ ~ 6~ t~ f~lit~ ~ emplo~ea of that ~unt~ (o) ~e eommunt~ j~tl~ ~l s~M aping a ~mmuntt~ J~tt~ ~k ~ ~ ~) ~ jud~! distm~ ~d~ ~pp~ d~ ~ d~lop~g ~ · eommunt~ j~ plag ~ ~k m~ ;o~ my ~g ~ a~ num~ ~ mm~ but akouM t~iud~ (~ ~m~ ~plo~e~ (1) tko ~n~ ~ ~onal di~ o/~ ~ ~m~ of Human 8e~o P~ a~ Rom~i~ u~ ~ 7 8TATg AID, (~) the ohd~ ~ ~lt~ ~ I~ ~f pop~l~ muni~lit~ to be ~ b~ t~ ~n~ and ~ ~ a~ sou, (~) ~ v~i~Ju~i~ pm~t~n ~ ~ t~ ju~mb pm~tion ~ ~ ~e 5~ B COU~I~5' FINA? ~st ~p~a~ a~ ~ ~ ~ ~ ~f ~lig~. se~d ~ · d~partment shall j f~/fon a~ ~t~ne ~nftn, DISTRICT COURTS TEL.817-$85-2024 Jun 04'g7 14 52 No.O05 P O1 On ~hLe ~ 6~h d~ o~ ~y~ 1997~ aoneLde~ ~nt ~ the~.dn~y Justice aooordA~ ~o~t~e 42.131 ~aa N~, therefore. We, tho DAs~=~o~ Ju~ea of ~on~on ~un~y L. D~ ghL~n 311th Ne~l~Durrmn~e Den~on ci~y Couflo~ · oo~ ~ ~nton LeeCh B~o~L~ ~. W. Johnson Den~on ~. 8~r~tf, OgpU. Bu~ 8ol~nm S~ate ~pFeaen~a~Lve VLrg~L Vahl~ ~un~y 8XT-B65-SS5~ Stgned ~hLo ~he 6~h day of by; 1997. ~oml ~n[m~atLve ~udge Illth DL~rI~ ~ur~ 362nd DLa~rL~ ~ Lake Ray Roberts P&Z open-channel telewmon, cable'televlmon, closed-clrcmt telev]mon, low power telewsion, com- mbnicatlon and/or d~rect broadcast sa[,ellite, saLelhte mastm antenna system, mmrowave, vldeo~pe, videodmc, compu~gr~ $oft~are, c,o,mputer networks, and telephone hnes SECTION 2 This Act applies beginning wi,th fees and chaiges imposed for thc 1997 fall SEGTION 3 Tile unpmtance of thru legmlatlon and the crowded comhtlon of the calendars in both houses cPeate an mnergehcy atld a~ nnperatlve [lubhc necessity that tile constitutional rule ~equlrmg bills to be read on three sevmal days m each house be suspeuded, and thru rule m hereby suspended, and that thru ,Act take effect and be m fmce from and afte~ its passage, and it m so enacted '1 Passed [he Sen/dd o~ " ' ,,,.I ' ' ~=e[Jruary 27, 1997 Yeas '2~, ~q~,~s'(~, passed lh~ Hods~ ~,n Ap.I 3, 1997 Yeas 146, Nays 0, two present not voting "'Apprdved Apnl '[7, 1997 '" " , Li . ,, ~, ,, I Effective April !7, 199,7, .... I ,h ~ , ' ,,, ,' ,,, ,l,,' CitAPTER 6 e ', " S B No 209' " e AN ACT e relating to the composition of the lake planning commmsion of Lake Tawakom and Lake Ray Roberts Be ~t enacted by the Legislature of the State of Texas :1, SECTION 1 Section 231 107, Local Govfirnnient Code~ m ~tmended by amending Subsec tion (a) and adding Subsection (d) to read as follows ' (a), A' lake planning cotmmsmon m established for thb lake compo~edof ' , , ' ~ ' ' ' b ,,~ (1) three remdents of [he affected precincts ,who own la l(~ m the county, appointed y ~hc county Judge of the count, y, I ,, ' , , (2) one remdent of ~ach .commmmoners plecmct that.m aff~efte, d,.a?.pomted by tile cou, nt,v, ,. commmsioner for that precinct, and if only one pi ecmc; is artec;ca, ;ne co.nmiss.oael sna. appoint two, and ,,, , ,. (3) tile mayor of each mumclpahty the territory or extr~aterritorml ;u~ tsdtctwn of whtck [~j includes any p,al~ of the la?e area m~the coun,ty, , ~te ~' (~d) A mallO~ serving, , ~?~, ~he commissure~t, , re, ay designate anothe, r, pe? son to serve tn ptoce oj tl~ mayor at one or ~tore co~1~;sston fneettn~s , ) , SECTION 2 This Act, takes effect September 1, 19 n ortance of thru lemslatlon and the crowded condition of tile .is SECTION 3 The I p , , ~ , , , ,, ~alen~{l~ an both houses meate all einergenc2 and a.n. lm~,er, a~lve, p.ubhc ?cass.lty~ that ,~d constltu[.ional ]ule requmng bills to be re~d Off thi'ee sevmal ,aays m eacu house rle suspended, and tills rule is hei eby suspended , ,; , ' ~ ce ', Passed the Senate on ~arch 13, 1997' Yeas,31, Nays 0, ~passed the House on Aprd 3,, "g I ,1997, by a non-record vote r ~ , , , de ~ Approved April 17, 1997 ' ' I "{ ' '" ' to , Effective September 1, 1997 ~ ' : 7 DENTON POLICY FOR TAX ABAT]~ENT I. GENERAL PURPOSE AND OBJECTIVES The City of Denton (City), the Denton Independent School District (DISD) and Denton County a~e committed to the promotion of hlKh quality development in all parts of the city and to an onl/~oinK improvement in the quality of life for its citizens Insofar as these objectives are ~enerally served by the enhancement and expansion of the local economy, the City of Denton, DISD, and Denton County, will on a ease-by-ease basis, Klve consideretion to providin~ tax abatement as a stimulation for economic development in Denton It is the poller of the City and DISD that said ?onsideration will be provided in accordance with the preeadures and criteria outlined '/fi'this document NotblnK herein shall imply or sub,est that the City, DISD or Denton County are under any obligation to provide tax abatement to any applicant All applicants shall be considered on a eaee-by-eaee basis. Tax inducements, as described in this policy, will be considered for new, expandin~ and modernizinl~ basic industries, corporate office headquarters and distribullon centers II. CRITERIA Any request for a tax abatement shall be reviewed by the Joint Committee on Tax Abatement, said Committee bein~ comprised of two elected offiemls from each of the taxmi~ entities involved. One additional staff person from each jurisdiction shall be appointed to serve as a nonvoting, ex officio member of the committee The Joint Committee on Tax Abatement serves as a recommend~nt~ body to the taxlni~ ent~tles renardinl~ whether economic development incentives should be offered in each individual ease. Their recommendation shall be based upon an evaluation of the followin~ criteria which each applicant will be requested to address in narrative format: Aoenda No AGENDA INFORMATION SHEET Agenda Item oate AGENDA DATE: June 27, 2000 DEPARTMENT' City Manager's Office CM' Mike SUBJECT Consider nominations/appointments to the City's Boards and Commissions BACKGROUND Each C~ty Council Member is responsible for making nominations for board and commission places assigned to hxra or her Individual City Council Members will make nominatmns to the full City Council for the Council's approval or disapproval at the next regular scheduled meeting Council Members marring nonunatlons for members to the boards and commissions will consider interested persons on a citywlde basis The City Council will make an effort to be inclusive of all segments of the community in the board and commlssmn appointment process City Council Members will consider ethnicity, gender, SOClO-econom~c levels, and other factors to ensure a daverse representation of Denton citizens The C~ty Council will take into consideration an lndiwdual's qualifications, willingness to serve, and application information in selecting nom~natlons for membership to each board and commission In an effort to ensure maximum citizen participation, City Council Members will continue the general practice of nommating new cxtizens to replace board members who have served three consecutive, full terms on the same board In addition, there is a current vacancy on the Ammal Shelter Adwsory Board due to the retirement of Paul Carberry Lt Carberry represented a person who worked in the dtuly operation of an animal shelter and staff from Animal Control ~s recommenrhng Patncm Barnngton be considered for a nomination to the Board This m a nomxnatlon for Council Member Young PRIOR ACTION Council members made nominations to the various boards/commissions at ~ts meeting of June 20th Those nominations can be voted on at this meeting A hst of the nominations made and vacanmes still existing ~s attached Respectfully submitted C~ty Secretary BOARDS/COMMISSION NOMINATIONS ~ RT ADVISORY BOAll Dlst Current Member Nomination Term Council 7 Terry Garland Terry Garland 1998-00 Brock 3 Ann Houston 1998-00 Cochran 4 Joe Roy Joe Roy 1998-00 Knstoferson 5 Ronald Keaton Ronald Keaton 1998-00 Beaslev kL ,~I-ll~,I,TER ADVISOR 3OARD D~st Current Member Nom~naUon Term Council 2 Joella Orr 1998-00 Durrance 5 L~sa Zottarelh Lisa Zottarelh 1998-00 Beasley 6 Hamet Aronson 1998-00 Burroughs _ JARD OF ADJUSTMENT Dlst Current Member Nommat~on Term Cotmcfl 5 Bob Manning Bob Manmng 1998-00 Beasley 2 Robyn Mullendore Robyn Mullendore 1998-00 Durrance C0M~ UNITY DEVELOPMENT ADVISORY COMMITIEE D~st Current Member Nomination Term Cotmcfl 5 L~sa HlnOjosa Lisa Hmojosa 1998-00 Beasley 6 Barbara Stmnett Barbara St~nnett 1998-00 Burroughs 7 Jean Ellen Rogers 1998-00 Brock 3 Sondra Ferstl Sondra Ferstl 1998-00 Cochran 5 Ann Hatch 1998-00 Beasley _,...._ :RUCTION ADVISORY & APPEALS BOARD D~st Spec~ahty Current Member Nomination Term Cotmcfl 2 Assocmted w~th Henry Rife 1999-00 Durrance construcUon, development or real estate 4 Arclutect or Engineer Alan Nelson Alan Nelson 1999-00 Knstoferson 1 )N HOUSING AUTHOg ITY Seat Current Member Nomination Term 7 Ray Bej arano Ray Bejarano 1998-00 Brock 7 Bob Crouch 1998-00 Brock HISTORIC LANDMARK COI~ [MISSION D~st Current Member Nom~nanon Term CoUucll 3 Mark Sandel Mark Sandel 1998-00 Cochran 7 Peggy Norton Peggy Norton 1998-00 Brock 2 J~m I~rkpatnck 1998-00 Durrance __, N SERVICES ADVISO] tY COMMITTEE D~st Current Member Nom~natlon Term Council 6 Ten Rheault 1998-00 Burroughs 7 Carol Brantley 1998-00 Brock 2 Bettye Myers 1998-00 Durrance 4 Wallace Duvall Wallace Duvall 1998-00 Knstoferson DENTON BEAUTIFUL BOARD Dlst Current Member Nomination Term Council 1 C~thenne Bell 1998-00 Young, 2 Lee Hmole 1998-00 Durrance 6 Jean Greenlaw 1998-00 Burroughs 7 Jean H~nolosa 1998-00 Brock 3 Juhe Scharnbev, 1998-00 Cochran 4 Vacant 1998-00 Knstoferson RY BOARD Dlst Current Member Nom~natlon Term Council 7 Teresa Starrett Teresa Starrett 1998-00 Brock 3 Eva Cadwallader Eva Cadallader 1998-00 Cochran ,4 gZ. ma Ruth Russell 1998-00 Knstoferson 2 , KS AND RECREATIOb OARD Dlst Current Member Nomination Term Council 3 D01e Yeatts Dale YeatB 1998-00 Cochran 2 Brandon Barnes 1998-00 Durrance 14 Brenda phflllns Brenda Phfllms 1998-00 Knstoferson lING AND ZONING Ct MMISSION Dlst Current Member Nomination Term Counml 3 Solt¥ R~shel 1998-00 Cochran 5 Jam Engelbrecht 1998-00 Beasley 6 Perry MeNelll 1998-00 Burroughs PUBLIC UTILITIES BOARD Dlst Current Member Nomination Term Council I 3 [ Bill Glese 1996-00 Cochran TMPA BOARD OF DIRECTORS Seat Current Member Nomlnat~on Term o George Hopkins George Hopkins 1998-00 ALL .... _~'IC SAFETY COMMISSION Dlst Current Member Nomination Term Council 6 Greg Sawko Greg Sawko 1998-00 Burroughs 1 Fred Hall 1998-00 Young 2 Barry Walters Barry Walters 1998-00 Durrance 3 Sflwa Lesko Sflvla Lesko 1998-00 Cochran 4 Larry Lute 1998-00 Knstoferson AGENDA INFORMATION SHEET AGENDA DATE: June 27th, 2000 DEPARTMENT: Planning & Develo ~p~.~t Department CM/DCM/ACM: Dave Hall, 349-8314 SUBJECT Hold a pubhc hearing and consider adoption o£an ordinance to amend ordinance No 99-254 which authorized the c~ty manager to enter ~nto a professional services agreement for planmng services to assist the c~ty w~th the rewrite of the development code w~th Fregonese Calthorpe & Assocmtes and which creates a 15 member City Coancd appointed Development Code Committee, amend th~s ordinance to change the reqmrement estabhshmg a quorum for the City of Denton Development Code Committee, Providing an effective date, save and accept as amended that all other sections of Ordinance No 99-254 shall remain m full force and effect BACKGROUND At the C~ty Councd's June 13th work session and at the Joint Meeting of the C~ty Council and the Code Committee, several Issues were discussed related to the Development Code and Process At three meetings of the Code Committee, a quorum was not met and therefore the Committee was unable to proceed w~th their reviews Also, we beheve having a quorum of e~ght members hampers the Committee's abthty to move through the process ~n a t~mely manner We recommend lowering the quorum to slx so they will have less trouble meeting the legal reqmrements for a meeting Given the remaining t~me on the schedule, Cotmc~l d~rected staff at their June 13th meeting and 0arectlon was reiterated the joint C~ty Councd Code Committee meeting to prepare an ordinance to reduce the quorum reqmrement for the Code Committee's work from eight to slx members ~n order to conduct the rewew of the proposed Land Development Code sections prepared by Fregonese Calthorpe Associates and as provided for in D~vlslon 3, Section 2-81 to 2- 84 of the city's Code of Ordinances for a quorum reqmrement OPTIONS · Recommend approval of Ordinance No 99-254 Amended · Recommend a revised quorum to Ordinance No 99-254 Amended · Recommend demal of Ordinance No 99-254 Amended ESTIMATED PROJECT SCHEDULE On Tuesday, June 13t~, staff presented a revised schedule for the City Councd review that outhnes the general process and proposed schedule FISCAL INFORMATION In August 1999, the c~ty contracted w~th Fregonese Calthorpe Associates for $262,575 to include services related to the new development code The consultant is prepanng a contract addendum to carry the project through completion which wdl be available at a £uture Council meeting Respectfully submitted Director of Planning & Development Attachment A Ordinance No 99-254 Amended Attachment B Ordinance No 99-254 w~th Consultant Scope of Services Attachment A ORDINANCE NO. 99-254 Amended AMEND ORDINANCE NO. 99-254 WHICH AUTHORIZED THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT FOR PLANNING SERVICES TO ASSIST THE CITY WITH THE REWRITE OF THE DEVELOPMENT CODE WITH FREGONESE CALTHORPE & ASSOCIATES AND WHICH CREATES A 15 MEMBER CITY COUNCIL APPOINTED DEVELOPMENT CODE COMMITTEE; AMEND THIS ORDINANCE TO CHANGE THE REQUIREMENT ESTABLISHING A QUORUM FOR THE CITY OF DENTON DEVELOPMENT CODE COMMITTEE; PROVIDING AN EFFECTIVE DATE; SAVE AND ACCEPT AS AMENDED THAT ALL OTHER SECTIONS OF ORDINANCE NO. 99-254 SHALL REMAIN IN FULL FORCE AND EFFECT. WHEREAS, the Ctty of Denton Code Commtttee ts a fifteen member committee appointed by the Ctty of Denton City Council pursuant to the Ctty of Denton Code of Ordtnances under DIVISION 2, QUALIFICATIONS FOR IVlEMBERS, including Section 2-61 to 2-65, and, WHEREAS, the Ctty of Denton Code Committee is required to conduct City of Denton business under DIVISION 3, RULES AND PROCEDURES, and including Section 2-81 to 2-84, and specffically under Section 2-83 General Rules, (a) Quorum, which requires a quorum for the transactton of business of a board shall be a ma.~onty of the members appointed to the board, and, WHEREAS, the City Council of the Ctty of Denton has astabhshed that a quorum of members wdl eonstst of stx members of the Ctty of Denton Development Code Commtttee for the revtew of the proposed Land Development Code of the Ctty, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1. That the Ctty Manager is hereby authorized to enter into an agreement to amend the Professtonal Servmas Agreement w~th Fregonese Calthorpe &Assoetates, substanttally m the form oftha Agreemen~t attached to and made a part of Ordinance No 99-254 prevtously passed and approved on the 3 TM day of August, 1999 for all purposes, for the purpose of acqmnng profasstonal planning servtcas to asstst the Ctty m preparing a Development Code, and wluch estabhshod a Ctty of Denton Development Code Committee, estabhstung the Conumttees advtsot3~ purpose, and authorizing appointments to its membership SECTION 2 That the Ctty of Denton Development Code Committee shall have a quorum of tts membershtp whtch will constst of stx members of the Committee for the review of the proposed Land Development Code secttons prepared by Fregonese Calthorpe and Associates for the ctt¥ SECTION 3 If any provtslon of thts ordinance or the apphcation thereof to any person or circumstance ts held tnvahd by any court, such lnvahdtty shall not affect the validity of other provisions, and to thts end the provisions of thts ordinance are severable SECTION 4 That the C~ty Council has found and determined that the meettng at whtch thts or&nance ts constdered ts open to the pubhc and that notice thereof was gtven m accordance wath provmons of the Texas open meat~ng law, Tex Gov't Code Ch 551, as amended, and that a quorum of the Cay Council was present SECTION 5 That thts amended orchnance shall become effective ~mme&ately upon tts passage and approval PASSED AND APPROVED th~s the day of ,2000 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT FOR PLANNING SERVICES TO ASSIST THE CITY WITH THE REWRITE OF THE DEVELOPMENT CODE WITH FREGONESE CALTHORPE & ASSOCIATES, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City staff, under the direction of the City Council, ts tn the process of rewmng tho Comprehensive Plan, and, tn conjunction therewith, needs to prepare a Development Code which will m¢lude the revision of the City's comprehensive zomng ordinance, as well as the subdtvlston regulations, and WHEREAS, the Ctty Council deems it in the public interest to hire the professional plarmlng finn of Fregonese Calthorpe & Associates to asmst the City tn this Development Code rewrite, NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the City Manager is hereby authorized to enter into a Professional Services Agreement w~th Fregonese Calthorpe & Associates, substantially in the form of the Agreement attached to and made a part of this ordinance for all purposes, for the purpose of acqumng professional plarmmg services to assist the City tn prepanng a Development Code SECTION 2 That the City Manager is hereby authorized to make the expenditures as required tn~ the attached Professional Serv,ees Agreement ~ That the City Council has found and determined that the meeting at which this ordinance ts considered ts open to the pubhe and that notice thereof was g~ven tn accordance with provtmons of the Texas open meetings law, Tex Gov't Code ch 551, as amended, and that a quorum of the City Council was present ~ That tlus ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED flus the ...~//'ff"- day of~, 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTO~Y Page 2 PROFESSIONAL SERVICES AGREEMENT FOR PLANNING AND RELATED SERVICES FOR THE DEVELOPMENT OF THE DEVELOPMENT CODE REWRITE STATE OF TEXAS § COUNTY OF DENTON § _ / THIS AGREEMENT ~s made and entered into as of the .~-----~ day of the ~, 1999, by and between Ctty of Denton, Texas, a Texas municipal corporation, w~th its principal office at 215 East McKarmey Street, Denton, Denton County, Texas 76201, hereinafter called "CITY" and Fregonese Calthorpe & Associates, with its corporate office at 421 S W 6th Avenue, Suite 1010, Portland, Oregon 97204, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows EMPLOYMENT OF CONSULTANT The CITY hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein m connection with the ProJect as stated in the sections to follow, with dihgenee and in accordance wtth the lughest professional standardg customarily obtained for such services In the State of Texas The professional services set out herein are in connection with the following described project The ProJect shall include, without limitation, planmng and related services for assistance In the Development Code rewrite SCOPE OF SERVICES The CONSULTANT shall perform the following serwces in a professional manner A The CONSULTANT shall perform plamung and associated services to assist the CITY with tho Development Code rewrite including, without lanItation, the revision of the Denton zomng code and subdivision regulations, a rewew of the comprehensive plan rewrite, and all the services set forth in the Scope of Work for Development of a Revised Land Use Code for the City of Denton, Texas subnutted by CONSULTANT, whtch is attached hereto and made a part hereof as Extubit "A" as if written word for word herein B As a part of its work, CONSULTANT shall consult wah and meet vath the City Council, the Planmng and Zoning Commlsston, the City Manager, the Assistant City Manager for Development Services, the City Attorney, outside legal counsel, other consultants, members of the City staff, and the 15-member Council appoanted Code Comm,ttee as may be necessary to perform all aspects of the serrates set forth herein and m the attached Exbablt "A" Tbas will include coordmat,ng wath the C,ty Manager, the Ass,stant City Manger for Development Serv,ees, and their staff to effie,ently perform the services requared C CONSULTANT shall provade penod,c oral and written reports to the City Council, the Caty Manager, and Ass,stant C,ty Manager for Development Serv,ees as may be deemed necessary to perform the servleas set forth hereto D CONSULTANT shall perform all serrates required in a tamely fasbaon, and shall complete same m comphanee wxth the schedules as set forth m the attached Exhabat "A" E If there as any conflict between the terms of th, s Agreement and the exlubats attached to tbas Agreement, the terms and eondmons of tbas Agreement will control over the terms and eondlt,ons of the attached exh,bxts or task orders PERIOD OF SERVICE Tbas Agreement shall become effective upon execution of tbas Agreement by the CITY and the CONSULTANT and shall be effectave for 14 months from the date of tlus Agreement through October 31, 2000 Th~s Agreement may be sooner termanated ~n accordance w~th the provasaons hereof T~me ~s of the essence in this Agreement The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the CITY, acting through ars C~ty Manager or bas desagnee Should completion of the Caty Comprehensive Plan be delayed for any reason that causes any delays m the dehvery of the services adentafied m tbas Agreement, the CITY and the CONSULTANT shall mutually agree to a revased schedule that will be allowed to extend beyond the October 31, 2000 termanataon date COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" as defined as expenses incurred by the CONSULTANT in employment of others m outsade firms for sennces an the nature of planmng and related services for the development of the Development Code rewrite Tbas shall xnclude the subcontracting of Davis & H~bb~tts, Inc and LRK Desagn Research 2 "Darect Non-Labor Expense" ~s defined as that expense for any assignment aneurred by the CONSULTANT for supplies, transportation and eqmpment, travel, commumeataous, subsastenee, and lodging away f~om home, and similar incidental expenses ~n connection wath that assa~maent Page 2 B BILLING AND PAYMENT For and in considerauon of the professional services to be performed by the CONSULTANT herein, the CITY agrees to pay a total fee, including reimbursement for direct non-labor expenses not to exceed $252,575 00 For the period between the effective date of this Agreement and September 30, 1999, the CONSULTANT shall perform services related to Tasks 1, 2, 3, and 23 as specified m Extublt "A" with related expenses not to exceed $50,440 00 On and after October 1, 1999, and upon receipt of written not~ce to proceed from the CITY, the CONSULTANT will continue with the remainder of the tasks mdentlfied In Exhibit "A' Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the CITY through its City Manager or his designee, however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The CITY may withhold the final five percent (5%) of the contract amount until completion of the Project NOthing contained in this Article shall require the CITY to pay for any work wluch is unsatisfactory, as reasonably determined by the City Manager or lus designee, or wbuch is not submitted in comphance with the terms of this Agreement The CITY shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under th~s Agreement It ~s specifically understood and agreed that the CONSULTANT shall not be authonzed 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 authonzat~on from the CITY C PAYMENT If the CITY fails to make payments due the CONSULTANT for services and expenses witfun ~S0 days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the smd 60~h day, and, in addition, the CONSULTANT may, after g~wng seven d~ys' wntten not~ce to the CITY, suspend services under tl'ns Agreement tmtil the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing hereto shall require the CITY to pay the late charge of one percent (1%) set forth hereto if the CITY reasonably determines that the work is unsatisfactory, in accordance with tMs Article 4, "Compensation. OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovenng and promptly r~portmg to the CITY any defects or deficiencies in the work of the CONSULTANT or any subcontraotors or subconsultants. Page 3 ARTICLE 6 OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the CITY upon the termination of this Agreement The CONSULTANT is entitled to retain copies of all such documents The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and CITY's use of these documents in other projects shall be at CITY's sole risk and expense In the event the CITy uses any of the reformation or materials developed pursuant to this Agreement in another project or for other purposes than specified heretn, CONSULTANT is released from any and all liability relating to their use in that project INDEPENDENT CONTRACTOR CONSULTANT shall provide services to CITY as an independent contractor, not as an employee of the CITY CONSULTANT shall not have or claim any right arising from employee status INDEMNITY AGREEMENT The CONSULTANT shall lndemmfy and save and hold harmless the CITY and its officers, agents, and employees from and against any and all habflity, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred,by the CITY, and meludmg, w~thout limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance oftlus Agreement Nothing m flus Agreement shall be construed to create a liability to any person who is not a party ~:o flus Agreement, and noflung herein shall wmve any of the parties' defenses, both at law or eqmty, to any elann, cause of aet~on, or litigation filed by anyone not a party to this Agreement, meludmg the defense of governmental munumty, winch defenses are hereby expressly reserved. ARTICLE 9 INSURANCE Dunng the performance of the services under flus Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Careers of at least an A- or above Page 4 A C~mprehensive General Liability Insurance with bodily in. lury limits of not less than $500,000 for each occurrence and not less than $500,000 m the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 In the aggregate B Automobile Liability Insurance with bodily injury limits of not less than $$00,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident C Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance w~th limits of not less than $100,000 for each accident D Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate E The CONSULTANT shall furmsh insurance certificates or insurance policies at the CITY's request to evidence such coverages The insurance policies shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without 30 days' pnor written notice to CITY and CONSULTANT In such event, the CONSULTANT shall, pnor to the effective date of the change or cancellation, serve substitute policies furmshmg the same coverage 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, involving one party's disagreement, may include the other party to the disagreement without the other's approval TERMINATION OF AGREEMENT A Notwithstanding any other provision of tlus Agreement, either party may terminate by giving 30 days' advance written notice to the other party B This Agreement may be term. mated in whole or in part in the event of either party substantially fmhng to fulfill Its obligations under ti'ns Agreement No such termination will be affected unless tho other party is given (1) wntten notice (delivered by certified mini, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than 30 calendar days to cure tho failure, and (2) an opportumty for consultation with the terminating party prior to termination C If the Agreement is terminated pnor to compleUon of the services to be provided hereunder, CONSULTANT shall nnmedlately cease all sevaces and shall render a final bill for services to the CITY within 30 days after the date of termination The CITY shall Page 5 pay CONSULTANT for all services properly rendered and sausfactonly performed and for reimbursable expenses to termination recurred prior to the date of termxnation, ~n accordance with Article 4 "Compensatton" Should the CITY subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate m prowdmg reformation The CONSULTANT shall mm over all documents prepared or furmshed by CONSULTANT pursuant to tbas Agreement to the CITY on or before the date of termmatton, but may mamtatn copies of such documents for its use RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the CITY shall not constitute, nor be deemed a release of the responmbflity and habflity of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work, nor shall such approval be deemed to be an assumption of such responslhihty by the CITY for any defect m the design or other work prepared by the CONSULTANT, tts employees, subcontractors, agents, and consultants NOTICES All notices, commumcations, and reports required or permitted under this Agreement shall be personally delivered or marled to the respective parttes by depositing same m the United States marl to the address shown below, certified mall, return receipt requested, unless otherwise specified herein Mailed notices shall be deemed communicated as of three days' mmhng To CONSULTANT To CITY Fregonese Calthorpe & Associates City of Denton John Fregonese David Hill, Assistant City Manager for 421 S W, 6t~ Avenue, Suite 1010 Development Services Portland, Oregon 97204 215 East McKmney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such noUce is given, or within three days' marling ENTIRE AGREEMENT This Agreement, consisting of rune pages and one exlub~t, constitutes the complete and final expression of the agreement of the parhes, and ~s intended as a complete and exclusive statement of the terms of their agreements, and supersedes all pnor contemporaneous offers, promises, representations, negotmtions, dlscusslons, commumcattons, and agreements which may have been made in connection wtth the subject matter hereof Page 6 ARTICLE 15 SEVER. ABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be mvahd or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remmnder to be invalid or unenforceable In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision ARTICLE 16 COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, roles, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended ARTICLE 17 DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any per,on on the basis of race, color, religion, sex, national ongm or ancestry, age, or physical handicap ARTICLE 18 PERSONNEL A The CONSULTANT represents that it has or will secure, at its own expense, all persormel required to perform all the services required under this Agreement Such persormel shall not be employees or officers of, or have any contractual relations with the CITY CONSULTANT shall inform the CITY of any conflict of interest or potential confhct of interest that may anse dunng the term of this Agreement B All services required hereunder will be performed by the CONSULTANT or under its supervision All personnel engaged in work shall be qualified, and shall be authonzed and penmtted under state and local laws to perform such services ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest m this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY Page 7 ARTICLE 20 MODIFICATION NO waiver or modification of th~s Agreement or of any covenant, condit~on, or hmltation herein contained shall be vahd unless in writing and duly executed by the party to be charged therewith~ and no evidence of any waiver or modification shall be offered or received In evidence in any proceeding arising between the parties hereto out of or affecting th~s Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is m writing and duly executed, and the parties further agree that the provisions of this section will not be waived unless as set forth herein ARTICLE 21 MISCELLANEOUS A The following exhibits are attached to and made a part of th~s Agreement Exhibit A - Scope of Work for Development of a Revised Land Use Code for the City of Denton, Texas B CONSULTANT agrees that CITY shall, until the expiration of three years at~er the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreement CONSULTANT agrees that CITY shall have access dunng normal workmg hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with ttus section CITY shall give CONSULTANT reasonable advance notice of intended audits C Venue of any suit or cause of action under th~s Agreement shall lie exclusively in Denton County, Texas Tlus Agreement shall be construed in accordance with the laws of the State of Texas D For the purpose of tins Agreement, the key persons who will perform most of the work hereunder shall be John Fregonese However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required hereto E CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof In accomphslung the projects, CONSULTANT shall take such steps as are appropnate to ensure that the work involved is properly coordinated with related work being carried on by the CITY F The CITy shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available mformat~on pertinent to the Project, ~ncludmg prewous reports, any other data relative to the Project, and arranging for the access thereto, and make all provis~ons P~e8 for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under tlus Agreement G The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or con&tlons of this Agreement IN WITNESS HEREOF, the City of Denton, Texas has caused th~s Agreement to be executed by its duly authorized C~ty Manager, and CONSULTANT,has executed, this Agreement through ~ts duly anthonzed undersigned officer on this the ..~,~ day of ~_.~~, 1999 CITY OF DENTON, TEXAS ATTEST SENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY ASSOCIATES WI~$S BY Page 9 SCOPE OF WORK FOR DEVELOPMENT OF A ll~.VISED LAND USE CODE THE CITY OF DENTON TEXAS Prepared by Fregonese Calthorpe & Assocmtes Fregonese ~aRho. rpe 2-~soclates Fregonese (~alPno. rpe /-xssoclates planning Scope of Work for Development of a Revised Land Use Code £or City of Denton, Texas I.N-I'RODUCi'ION Cgy of Denton ts m the process of adopting a revised comprehensive Plan Many of the pohcms m the plan call for revlstons m the way hnd use ts regulated m City of Denton In order to wnplement the revased Comprehensive Plan, extensive revmons to the current Code of the Caty of Denton wtll be requ~ed Tbas revision will be graded by the Denton Comprehensive Plan Goals of the Prolect The Ctty of Denton Comprehensive Plan, mdudmg the Recommended Land Use Plan and Implementauon Stzategy will be mstnmaental m developing the new code The goals of the prolect will be further defined by the Consultant and the "Code Comrmttee" as ldenufind m Task 2 Code Co~rmttee A City. of Denton Development Code Comrmttee will be appointed by the City of Denton Council and wtll nrta Date with the Consultant and City staffm the development of the code They will meet appromx~Patei~onthly to review progress and advise the City Council and plarmmg & Zorm, g Comvmsston 9n the development or_the codem acc,o, rdance~_w~_~_~.e..~°s~P;:uh:~nsol::toPl~hne The City of "Code Denton Planning and Development uepartment xvm prowue Comrmttee" The Code Cormmttee xvfll consist of 15 members, a Commtttee chairperson nominated and selected by swnple malonty of the City Counctl, and two members to be selected by each Council Member City Counctl ~ make every effort to make ,ppomtm~e_nt_s_.~. at~a~e ~b~a~?~do~m~;~P~Ctt:~2v~;:' neighborhood, business, and development interests x ~e pu~p~,~ o, the & zo g Comm sion and City Co.n r'~;~end;uons regarding the revised development code The ~ornmittee wm a=emp, Council In the Consultant's ~epog to me ~.otm,~, ~..~ --, ass ~emams ur~esolved, shall be clearly commumcated, mclu&ng altemauves evaluated, and the Code Comrmttee's ~atmnale and ~ecommeBcla~lOn, and any r~lnOrlty reports fi:om the Comrmttee 1 ~e C~V Co~ ~d Ph~g ~ Zo~g Co~ssm~ ~ be b~e~ed and pm~de mpu~ mm ~e p~ocess · ~ ~o~ occasmns, ~ ~pp~o~s~e ~es and m ~e pm~ec~ sequence ~s hs~ed m ~e pm~ec~ sched~e, a~ached O~et Pubhc Invo~ement ~e Constant ~ p~cxpate m and lead ~e fo~o~g pubhc involvement components At least ~ree mee~gs ~ ~e pubic and mmrested pames d~mg each wor~g v~s~t comum~, as hated m ~e prolect schedule, and as dec~ded by the Ct~ of Denton Asqlqtant Ci~ Manager of Developmant S~mces ~e C~ of Denton Pla~g and Development Depment *h~ be respons~bla for sched~g md coor~a~g ~e mee~ Two focus ~oups and one pubhc op~on ,~ey A pubhc des~ preference s~ey, conducted m p~ ~ough ~e Denton C~ Web S~te, ~o open houses, A fo~ page color newsleRet of gener~ c~c~uon m &e commV, Fo~ page newsle~ers for m~g to interested pines, Atten~g and ma~g presenmaons at adopuon he~ ~I'I-IE C01VSt. J£~'AJ~T ~1r-r- ¢OMPI..,~TI~ TH~ FOLLOWIN~ ~l'ASI~ T~l~k 1.' Code Commlttee Oneutauon Once the Code Corramttee 0aeremafter referred to as the "Comlmttee") has been estabhshed, the Consultant wtll meet with the Cormmttee and orient the Corramttee v. uth the bas~cs of development codes, including the opuons available and the dlffel~ent approaches available under Texas and Umted States Law The Corramttee wtll g~ve §eneml input on the sublects covered Dehverable' Consultant conducts meeung, and pmmdes m£om~atton regarding development code Task I Cost: $6~460 Task 2. D~.tlm- Goals and lgx'~_ ected Outcomes Using the outcome of Task 1, the Comprehensxve Plan, including the Recommended Land Use Plan and Implementatmn Strategy, the Consultant ~ develop a document that hsts the specxfic goals and expected outcomes of the pzolect He will meet v~th the Com,~ttee and review the &aft, and fmahze the docun~ent based on the input fi:om the Corarmttee Deliverable. Document which outlines the goals and outcomes of the development code prelect, mdudmg general code stmctme and phtlosophy Task 2 Cost: $10~420 2 Task 3. Develop Outline and Flow Chart of New Development Code Based on the outcome of Tasks l and 2, the Consultant w~ develop a detailed outhne of the Development,Code, mchidmg the entire table of contents and a brief descnpt~on of the contents and purpose of each section In adcht~on, the decision-making structure will be descnbed and flow-charted The Comnuttee xvill review and provide feedback on the proposed structure The Consultant will mochfl the documents to take this into account Dehvemble. Development Code outline and decision-making flowchart Task 3 Cost $10,560 Tlsk 4. Develop Decislon-makm~ Section of Code Based on the outcome of Task 3, the Consultant wR1 draft the decision-making sec~on of the code, including the language for all dec, sion.making procedures necess~t3r for unplementanon o f the code ~e Constant ~ ~emew Constant ~ present ~e res~ of Tasks 1, 2, & 3 to ~e Phnmg & Zomg Comss~on, and ~e Mayor and Co~ for ~eac~on and feedback ~e Cons~t ~ mo&~ ~e work products as necess~ Dehvezable. Draft of dec~slon-ma~g sec~on of ~e code Ta~k 4 Cost: Task 5. Develop Desl_~n Standards The Consultant wdl draft the design standards secuon of the code The design standards wdl be designed to prunanly focus on site design issues, and general arctutectural standards Tins wdl not include lustonc chstnct gmdehnes or other deta:led ~chitectural design standards The design standards will include sufficient tllust~ataons to commumcate the concepts m the code The Consultant wdl review tlus with the Committee, and modify the standards as necessary Architectural Gmd~hnes. Amomemc Draw~n_cas m Des,_~Zn Standards The $:te design gntdehnes m the basic development code are mtanded to regulate d~e design of the sxte They include the placemant of buddings, streetscape, landscaping, onentauon and smular site deslgn issues In ad&tton, araomenmc drawings and architectural standards will be developed that allow design standards toladdress basic architectural ~ssues relaung to form and bulk, fenestrauon, projecuons, and other Issues dealing vnth arc~tectural form These are often apphed m spec~ahzed chsmcts, whde site destgn standards are intended to be apphed C~ty wide Dehvetable. Draft of the Desxgn Standards Secnon of the Code, including s~te plan and amomemc or perspective drawings that Rlustmte Task 5 Cost: $~7,620 3 Task 6. Deve!o~ Environmental Area Standards The Consultaqt ~ ckaft the Env~onmental .&tea Standards secnon of the code The Envtronmental Area Standards will be designed to ldennfy and map environmentally sensmve areas, and operate as an overlay zone, i~egnlalang land use, landscapmg, and management wlthm the overlay zones This wtll not mchide water q~,.hty, flood-proofing, wetland determination, or other detailed technical standards The Env~onmental Area Standards will include sufficient illustrations to communicate the concepts m the code, and mciude a overlay zone map The Consultant will review this with the Comrmttee, and modify the standards ~s necessa~ Dehverable' Draft of the Env~xonrnental Area Standards and Envlroilmental Area Overlay Zone Map Task 6 Cost' $15,060 Tai~k 7. Develop L~nd Division Standards The Consultant vail draft the Land Drasion Standards section of the code The Land Division Standards wtll be designed to pnmartly focus on the creanon of Iota and parcels, including parutaons, minor and malor subdivisions, and the ganeral improvements required for the development of these areas such as roads, other unprovements, parks, and open spaces This vail not mchide engineering standards for pubhc works, surveying, platting, or other detatled technical standards The Land Division Standards xv~ll include sufficient lllust~ataons to comrnumcate the concepts m the code The Consultant will rewew this xvlth the Comxmttee, and modify the standards as necessary Dehverable. Draft of the Land D:v~mn Standards Task ? Cost: $17,400 Task 8. Develop Use Zones The Consultant will draf~ the use zones that are necessary to implement the Land Use Concept and Plan The Consultant vall provtde the permitted, condmonal, and prohibtted uses, and other zone specific uses such as setbacks, development standards, and landscaptng requirements The Consultant will review thts w~th the Committee, and modify the standards as necessary The Consultant will mothfy the work products as necessary In conjunctton w~th the Land Use Modehng Task, there will be a comparison between existing and proposed zomng classtfications, and an analysts of the relative loss or gmn of development rights as a result of the change to a new zoning deslgnauon The staff report for this task wtll distingutsh how permitted uses will be ~fected, to what extent legal nonconforming uses wtll be created, and how legal noncoaformmg uses w~ll be dealt w~th DeliVerable' Draft of Use Zones, :malysis of changes Task 8 Cost. $10,400 Task 9. Develop Final Draft Development Code The Consultant vail consohdate the results of Tasks 1 through 8 into a comprehensive development code, and will complete any remaining changes that a~e reqmted as a result of input to date Dehvetable. Final Draft of Comprehensive Development Code Task 9 Cost: $12,000 Task 10. Develop R~rplanatoty_ Material for Pubhc The Consultant will develop an eight-page nexvsletter style material that xvfll explain the basic concepts in the development code The material will be developed as a handout dunng the adopnon process, and be statable for mo&ficanon after adopnon as informanonal material for the pubhc when unplementmg the code Dehvetable. Veaght-page camera-ready copy of newsletter style mfo£manon p~ece Task 10 Cost: $6,960 Task 11: Develop New Zonmff Man The Consultant ~ develop a GIS based version of a zoning map that will tmplement the new development code, based on the newly adopted land use plan and the current zonmg of parcels The zoning map w~l be dehvered m Aronew compattble format, and be parcel-specafic In ad&non, thc Consultant wtll dehver 1" to 2,000' and 1" m 5,000' maps of the proposed zoning map, and an analvs~s of the zoning map m area by zone, developable land by area, and development capacity by zone In addition, in conjunction voth the Land Use Modehng Task, a capacity analysis v~ll be conducted of the ex~stmg and proposed zoning maps, and the effects of permtrted development on development and redevelopment of land Dehverable: GI$ zoning map, parcel speofic, hardcopy maps as described above, and zoning map analysis Task ll Cost: $9,080 Task 12: Adoption Process The Consultant will parncapate m two adopnon hearings, workshops, and other acnvmes m support of the City Councal adopnon process, and mo&fy the &aft development code as necessary based on feedback d.,~ng the process Deliverable' Parncapat~on for 2 raps, a total of four days during the sdopnon process Modzficanon of any of the above products as necessary during the process Task 12 Cost: $13,000 SUPPORTIVE TA$1r~ The following tasks axe Included In otde£ to lmp£ove the quality of the ~mal code, the City's understanding ofirnpacts of the new code, the abdity of the pubhc to provide meaningful input to the prolect at an appropriate time, and the acceptance of the new code by the pubhc and the development commumty The tasks are otgamzed so that they ate tasks Commumcatmn St~ate_s~y and Materials This option would develop a commumcauon sucategy for informing and Involving the general pubhc m the Development Code project It would include a memo on the goals and methods of the commumcauon strategy, as well as the following products One general c~culauon newsletter, full color, fo~ page tabloid, pnnted on web press on newspnnt, dismbuted in local newspapers There wdl be a provision for a reply axea The cost includes an esumate of $5,000 for the p~mtmg and chsmbunon In the Denton axes by a local newspape~ Foux ma.ded newsletters, 4 page, 8 1/2" by 11", black and white This is intended to be mailed to a hst of interested pa~ties, stakeholders, and others to keep them info.ned of progress, and provide opportumtx for input This does not Include the costs ofreptoducuon and m~,!,ng Two open houses These axe informal sessions for input There will be various sinuous with chsplays (for example, one staUon for design standaxds, another for environmental buffe£s, anothe~ for land thvision) Each station would be manned by one or more knowledgeable staff, Consultants, or Committee members, who could ad&ess questions and explain mate,~l~ in a one on one session Someume dunng the open house, the~e would be a presentation, and vax'ious feedback tools would be employed, mstmng that the participants issues would be recorded and ad&essed Dehverable. Commurucation Strategy memo, one pnnted and dehvered tabloid newslettei, four mailed newsletters, two open houses Task Cost. $20~400 This techinct~e Is to show Images of various u~ban, ruxal, and open space scenes, and asking a large group of paxtictpants to ~ate the image, positively ot negatively This has been useful m finding what kinds of ~ban designs axe viewed posmvely in the local axea, and which axe viewed negatively In addition, the effect of landscaping ~nd open space can be iudged, by adding these elements to the same image The reaction to a stxeetscape with and without stxeet txees, for example, can then be assessed We are subcontracting with LRK Design, who intends to employ an internet based pre ference survey, which vail be hosted on the City's web site, and available at computer stations thxoughout the City at local hbtanes and City offices The options presented vail allow paxtictpants to interact with the visual images, as well as respond to sureey questions Deliverable: Preference Sux'vey, conducted and documented SpecL~h~ed SubConsultant Task Cost $35,000 6 Om: fima IS a national leade~ m the use of GIS to model the effect and mapacts of land use plans We propose m this task to develop a vacant land based capaoty model, and then as the development code was written, we could provide up to date effects on the btuldout capacaty of the zoning map An adchuonal benefit of a land use model ~s to develop and momtor benchm~ks of housing type numbers, open space and floodplain preservation, employment growth, and a host of land use mchcators Wth the adchtion of assessors data hnked to a parcel map, we can develop a redevelopment model for the developed pomons of the City that are targeted for redevelopment This allows the City to estmaate the effect various regulatory schemes have m fostenng or mhibmng redevelopment of land, the axea xvhere redevelopment Is most hkely, and analyze the effect redevelopment would have on exastmg infrastructure Dehverable' Operating vacant land capacaty model City wide, redevelopment model for 3 sub axeas, analysis as needed dunng the prolect, model dehvered and one day framing to staff at end of prolect Task Cost $16,175 O_om,,~n Survey and Focus Grou_n This technique Is often used to clue~ the pubhc regarding their opuuons and responses to a variety of Issues We would use the firm of Davis & I-hbhits, a professional survey team which has performed numerous growth issue related survey work A focus group would be conducted to ldentl~ hkel~ growth issues In the pubhc's rrund, and their reaction to issues and probing questions From the results of this focus grou]~, a survey would be developed, pretested, and adrmmstered The results would then be analyzed A follow up focus group would be conducted, ~t'ther probing issues brought up m the polkng A complete analysis would be presented to the Council to reform the process Dehverable: Two focus groups conducted and analyzed, urith a analysis report dehvered A random sample telephone survey developed, pretested, conducted, and analyzed The analysis xvould be presented to Council Survey and Focus Group Task Cost: $28,500 Total all tasks: Fregonese Calthorpe Associates $156,075 SubConsuhants $ 53,700 E~penses, Misc. $ 42,800 Total $252,575 7 Note The development of this code does not consumte the pracuce o£ law The purpose is to p~owde the ~pubhc mvolveme~t~ decision.m~l~n~ structure and land use ~esults enwsioned in the Cliy of Denton Comprehensive Plan. The C~y of Denton Is ~esponsible fo~ p~owchng its legal co~nsel, and ~ewewing the code fo~ form~ sufficiency~ and constimUonahiy of the provzsions The Consultant will cooperate with the Clt~ of Denton counsel in review and if necessa~', mod~caUon of the code. Agenda No ~ AGENDA INFORMATION SHEET /~t~la It~m~ Date ~ ...?. ?~ oc~ AGENDA DATE: June 27, 2000 DEPARTMENT: Planning Department CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT - SP-00-010 (ChddrenLtghthouseChtldcareCenter) Consider approving a ProJect Plan for 1 73 acres located on the east side of Teasley Lane approximately 700 feet south of Hickory Creek Road A child care center of approximately 14,000 square feet with associated site improvements is proposed BACKGROUND The project plan appheat~on was received earlier this week and would typically be scheduled for DRC review next week Due to the limited meeting schedule for July, the apphcant has requested an expedited review of ttus project plan At the time of this report the project plan has not been fully reviewed by staff It is anticipated that staffcomments will be available at the t~me of the meeting )~ The subject property is located m a Neighborhood Services condit~oned (NS (c)) zoning d~stnct created m 1999 ~ The proposed site is designated m The Denton Plan as an Existing Neighborhood/ Infill Compatlbthty area Staff finds the proposed development to be consistent with The Denton Plan PRIOR ACTION/REVIEW The following is a chronology of SP-00-010, commonly known as Children Lighthouse Chlldcare Center Application Date - June 21, 20002, DRC Date(s) - The Project Plan has not been reviewed by DRC ESTIMATED PROJECT SCHEDULE Thc subject property is in process of being final platted FISCAL INFORMATION Development oftlus property w~ll increase the assessed value of the c~ty and county It will reqmre no short-term public improvements that are the respuns~bthty of the ctty STAFF RECOMMENDATIONS Staff recommendauon will be provided at the meeting OPTIONS 1 Approve as subnutted 2 Approve wlth condmons 3 Deny 4 Postpone conmderatlon 5 Table item ATTACHMENTS 1 Non-residential Project Plan Checkhst 2 Project Plan Respectfully submitted Douglas S Powell, AICP D~rector of Planmng and Development Prepared by Lawrence C Reich_hart Assistant Director of Planmng and Development ATTACHMENT 1 Staff has, conducted a prehmmary analysm of the proposed Project Plan as ~t relates to the reqmrement for a project plan ~dentffied m Section D-a (11) of the Orthnance 2000-179 Below as a copy of the orrhnance reqmremants for non-res~dentml developments A ~ ~ndlcates that the proposed project plan has adequately addressed the standards for a project plan Project Plan Standards Comments Underground Utilities All developments must prowde for underground utility ,nstallat~on, ~' excepting electrical mare sub-station feeders Interconnected streets Where apphcable, all streets must connect to other streets at both Not Apphcable end% or prowde for the future connection when adjacent to undeveloped property Architecture The non~remdentml project shall employ an architectural design that ~s Not rewewed compatible voth the physical d~mensmns and features of the subject property and w~th the adjacent land uses, based on the following factors · All braidings and structures comprising the project should have an integrated design, · Braidings generally shall be oriented toward the street, and mayor entranceway should face the street, · Building scale, maludmg the height and bulk of structures, should be internally consistent and should be similar to the scale of adjacent non-remdentlal structures, if any, · Mechanical eqmpment and storage areas shall be screened from the street and from adjacent residential land, · Facades should incorporate windows, jogs, offsets or s~mllar features to provide vmual dlversay, · Roofs, alcoves, porticos or awnings should be used where feasible to protect pedestrian from the effect of chmate, and · Budding materials should be artemally consistent and compatible with the character of the area m which the project is located, Garage door orientation and setbacks Garage doors should not face any adjacent Not Apphcablc street frontages, except alleys Where rote hm~tatmns preclude the opportunity to orient garage doors away from the street, other design measures should be employed to screen or mmam~ze v~s~bd~ty from public right-of-way Access management principles Should be employed to mlmm~ze traffic flow ~' d~smpt~ons on collector and arterml streets Street Trees One (1) street tree per 50 hnear feet of lot boundary adjacent to a street ~' Pedestrian circulation and linkages The project plan should prowde safe and ~' convement pedestrmn ctrculatlon appropriate to the proposed land use Pedestrian hnkages to adjacent properties should be facthtated tn appropriate locations Parking visibility Parlang areas should be screened from pubhc right-of-way to the ~' extent possible When v~s~ble from the right-of-way, parking should be orgamzed ~n smaller sub-lots to avmd large, umntermpted expanses of pavements Lighting L~ghtmg should be demgned ~n a manner that will not shine upward, ,~ mnnm~zmg the dfffumon of hght into the atmosphere, and shall not shine on adjacent properties Traffic calming devices Approved traffic calming dewses should be incorporated ~n the Not Apphcable street patterns where approprmte Fences Fencmg should be treated as a design element, and be v~sually appropriate for ~ts A fence detad ~s proposed location Attentton should be prod to details such as use of quahficd mansory reqmred for thc products and design features as accent columns, art*culat~on, or caps If used along an screen fence arterial or collector streets, cons~deratmn should be g~ven to opanmgs m fences to prowdc along thc vmual entry ~nto the project area The use of berms ,s encouraged eastern property hne Landscape area or art Landscaped features such as fountatns, 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 conmdered Such elements should be ws~ble and/or accesmble to the pubhc Transit facilities The prows~on of bus turn-outs and covered seating areas for bus riders Not Apphcable should be considered, depending on rote location, levels of acttvmes, and type of s~tc ws~tat~on ATTACHMENT 2 X/ 'NO/NS~O ~"~.,,~ .....~"°~ '~ ~ ~ ~ PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM TO MAYOR AND MEMBERS OF CITY COUNCIL FROM LARRY REICHHART, DRC CHAIILMAN/,~;/~ SUBJECT: CHILDRENS LIGHTHOUSE DATE JUNE 27, 2000 CC MIKE JEZ, CITY MANAGER DOUG POWELL, DIRECTOR OF PLANNING AND DEVELOPMENT Although ;he Pro}ect Plan, for Cluldrens Lighthouse, has not been formally reviewed by DRC, below ts a list of required revisions and/or comments, prepared by the Planmng Department, for your consideration It should be noted that DRC ts m the process of reviewing the final plat for Cbaldrens Lighthouse and the Plans Rev,ew Committee is also in the process of reviewing the site plan for building code issues Prolect Plan Requirements 1 Correct the ROW for Teasley Lane It should show a 120 ft ROW 2 Provide the vicinity map 3 Provide the zoning of the ad}acent properties 4 Show the buffer between the proposed development and the ad}acent subdivision 5 Correct the lot layout for Lot 2 and 3 (Teasley Harbor) 6 Provide the elevations, surface area m square feet, lllummanon type, height, and construction (material and style), and location of all proposed signs for the development (No signs are shown) Pro}cci Plan Standards 1 Architecture - a. Building orientation - the western elevation (facing Teasley) is not %nented towards the street~ b Btuldmg scale (overall bulk of the structure, including the unbroken roof ridge hne) will be out of scale with surrounding smgle-famdy development c The building facades do not incorporate wmdows,~ogs, offsets or sirmlar features to provide visual diversity 2 Pedestrian Circulation - The maionty of pedestrians must cross a drive isle to get to and from the building Providing parking spaces adlacent to the bu:ldtng sidewalk would reduce pedestrian/vehicular conflicts 3 L~ghung- Lighting detmls need to be provided that shows that lighting ts designed m a manner that will not shine upward, mimmmng the diffusion of light into the atmosphere, and shall not sbane on adiacent properties 4 Traffic- The proposed parking and driveway layout (without a drop-off area) may be problematic for a chlldeare facility serving over 300 children 5 Fences - Detmls of the solid fene,ng along the east boundary of the sublect property should be provided City of Denton, Plamung and Devdopment - 1 - 221 N Elm, Denton, Texas 76201 www otyofdenton corn (940) 349 8350 fax (940) 349 7707 TRAFFIC IMPACT OVERVIEW for North Texas Equestrian Arena Project Submitted to The City of Denton Transportation Department City Hall West 221 North Elm Denton, Texas 76201 Prepared by Innovative Transportation Solutions, Inc 2309 Spnnglake Drive Suate 630 Dallas, Texas 75234 June 27,2000 Ttaffic bnpact Overvtew June 2000 Not th Texas Equestrtan Aretta ProJect The North Texas Equestrian Arena Prelect, a mult~-use development, ~s being planned on the west s~de of FM 428 approximately 1 25 m~les north of Loop 288 (refer to Figure l - Area Map) ~n Denton, Texas The development ~s proposed to ~nclude 104 lots for mnglo-famlly residences, a 300~room hotel w~th eonferenco and meeting facihbes, and a 10,000-seat arena It ~s located ~n an extraterntonal lunsdletton (ET J) area of the C~'y of Denton A site plan has been prepared and ~s provided as Figure 2 Innovative Transportation Solubons, Inc has been retained to conduct a Traffic Impa~ Overwew for the proposed s~te FIGURE 1 Ama Map htnovattve ~ransportatton Solutions htc DE~LOPMENT PLAN USE ACREAOE 10,000 SEAT ARENA PARKING, OUTDOOR ARENAS, / 10¢ RESIDEN~AL LOTS 156.95 ACRES OPEN SPACE, GREENBELT 50 95 ACRES PRELIMINARY SITE STUDY t/ ~ ~tl 0~ ~ ~Y ~RRTR~OT NR ................................. PARTIALLY IN THECt~OF DENTON, DENTON COUN'~, TE~S EDWIN PICKE~ HATFIELD CROOKLESS ABERNATHY ARCHITECTS, P'IC CRANNELL, C~NNELL & MARTIN ENGINEERING 9127 KING ARTHUR DR~VE DALES, T~S 75247 FIGURE 2 Site Plan Traffic, Impact Overvtew June 2000 North Texas Eque~trtan Arena Project II PURPOSE AND METHODOLOGY OF STUDY The City of Denton has requested that a Traffic Impact Overview be prepared to determine the impacts of the proposed development on the adjacent roadway system In particular, the 24-hour traffic volumes on FM 428 and Loop 288 ~n the v~c~mty of the proposed development were of concern The following outlines the methodology utilized to determine the resulting traffic impacts 24-hour volumes on the two roadways were taken from the 1997 Dallas District Texas Department of Transportation (TxDOT) Traffic Map These volumes were then increased by an annual growth factor of three (3) percent, a common growth factor used by the North Central Texas Council of Governments (NCTCOG) Development-generated tnps were then added to these volumes, along w~th the tnps ,generated by the planned water park ~n the area and the vacant land d~rectly south of the proposed development The tr~ps generated by these planned developments will ultimately use FM 428 for access, so they were included to give a worst-case scenano for the traffic volumes on FM 428 and Loop 288 Pass-by trips and internal trips were not considered as part of the traffic generation and d~stribut~on assumpbons in order to present the absolute worst- case, scenario III LAND USES AND TRIP GENERATION As previously discussed, the land use for the proposed development includes the following, as shown ~n Table 1 TABLE 1 Land Use and Density of Proposed Development Land Use ITE Code Density S~gle-Family Detached 210 104 lots Housing Hotel 310 300 rooms Arena 460 10,000 seats Innovative Transportatton Soluttons, lnc '3- Traffic Impact Overvtew June 2000 North ~'e~as Equestrtan .drena ProJect Traffic projections were prepared for the proposed development outhned ~n Table 1 based upon the h~storic tnp data prowded ~n the Insbtute of Transportatton Engineers (ITE) Tnp Generatton Manual, 6th Edthon Table 2 idenbfies the resulting trip generations for the proposed development TABLE 2 Site-Generated One-Way Tripe for the Proposed Development 24-Hou r Weekday Land Use (ITE Code) Total S~ngle-Fam~iy Detached Housing (210) 1,075 Hotel (310) 2,682 Arena (460) 1,200 (See explanabon below) The tnps generated by the arena were computed ~n the following way because the ITE Trip Generation Manual does not contain a thorough case study on tnps generated by arenas The average attendance to events at the arena ~s expected to be between 2,000 and 4,000 persons ITS used a typical scenano of an attendance of 3,000 people to generate the tnps ITS assumed that the occu,pancy of each automobile accessing the arena was 2 5 persons, a standard value used by ITE Umng these assumpbons, ~t was determined that the arena w~ll generate an average of 1,200 tnps per event The arena ~s expected to hold events that fill the arena a maximum of two (2) times each year These events, however, w~ll be held on the weekend, when traffic on the adjacent streets ~s s~gmficantly lower (usually 40% to 60%) than ~t ~s on a weekday In addition to the proposed development, ITS included traffic generated by the ex~st~ng water park ~n the northwest quadrant of the Loop 288 / FM 428 intersection and the 280-acre undeveloped s~te just south of the proposed development The undeveloped site ~s zoned for smgle-fam~ly residences that w~ll be developed at some time ~n the future The traffic generated by these sites ~s summarized in Table 3 An explanation to the methodology used to determine the generated trips follows the table lnnovattve Transportation $oluttons lnc '4- Traffic ,Impact Overview June 2000 North Texas Equestrian ,4rena Project TABLE 3 Land Use and Trips Generated by Existing and Proposed Developments 24-Hour Weekday Land Uae (ITE Code) Total Single-Family Detached Housing (210) 1231 Water Slide Park (414) 480 [ The single-family housing development ~s located on a 280-acre site ITS assumed that twenty-five (25) percent of the s~te would be cleared for ~nfrastructure, and that the remalmng area would be d~wded into one (1) acre lots, w~th one (1) s~ngle-famfly house on each lot Th~s gives a total of 210 lots, which will generate a total of 2,052 tnps In a 24-hour period ITS assumed that sixty (60) pement of the trips generated by th~s development would use FM 428, y~eldlng a total ~mpact of 1,231 trips per 24-hour period along FM 428 The ITE Trip Generatton Manual does not include a comprehensive study on water parks, so ITS assumed that the average daily attendance of the moderately sized water park will be 1,200 v~sltors ITS also assumed that the average occupancy of a vehicle accessing the water park was 2 5 occupants, and that all of the traffic accessing the park used FM 428, even though some traffic will use the road that exits the park to the south and intersects Loop 288 These assumptions yield a total of 480 trips generated by the water park using FM 428 in a 24-hour period Innovative Transportation Solutions Inc '5- Trafficllmpact Overview June 2000 North Texas Equestrian ,4rena Project IV EXISTING TRAFFIC PATTERNS AND TRAFFIC ASSUMPTIONS 24-hour traffic counts on FM 428 and Loop 288 were obtained from the 1997 TxDOT Dallas D~strict Traffic Map and subjected to an annual growth factor of three, (3) percent for three years. This g~ves an estimate of the traffic volumes on these roadways today (year 2000) The year 2000 volumes are shown in FIGURE 3 FIGURE 3 Year 2000 Traffic Volumes (vehicles per day) FM 428 pd 11,037 vpd 12,894 vpd Loop 288 Innovative Transportation Solutions lnc '6- Traffic Impact Overvtew June 2000 North ~f exas Equestrian .4rena Project V SITE-GENERATED TRAFFIC DISTRIBUTIONS Regional traffic patterns were determined based upon ex~st~ng traffic patterns and future demographics that may alter the current traffic patterns The following regional traffic d~stribubon pattern assumpbons were used to determine the d~str~bubon of the s~te-generated traffic )~ To / From the North 15% )~ To / From the South 15% ~ To / From the East 25% )' To / From the West 45% FIGURE 4 shows the traffic d~strlbubon along the roadway system FIGURE 4 Trip Distribution Percentages FM 428 IH 35 E 15% N SITE 85% 25% 45% Loop 288 Innovattve Transportatton $oluttons lnc Traffic ~mpact Overview June 2000 North Texas Equestrian Arena Project VI. SITE-GENERATED TRAFFIC ASSIGNMENTS The 1997 traffic volumes on FM 428 and Loop 288 were ~ncreased by a growth factor of three (3) percent per year for three years to esbmate the current (year 2000) traffic volumes The s~te-generated traffic and the traffic generated by the water park and the undeveloped residenbal area just south of the proposed development were then added to the roadway system to g~ve the proJected volurees along FM 428 and Loop 288 The projected volumes can be found ~n FIGURE 5 FIGURE 5 Projected Traffic Volumes (vehicles per day) FM 428 Loop 288 14,037 VII ROADWAY ANALYSIS FM 428 ~s currently a 2-lane undivided road w~th 12-foot lanes and 10-foot shoulder on each s~de According to NCTCOG standards, the capacity of FM 428 ps it ~s now ~s 12,000 vehicles per day Loop 288 at FM 428 is a 4-lane d~v~d~.d rural expressway-type road w~th ramps It has a da~ly capamty of 25,000 vehicles based upon TxDOT standards With the addition of the s~te~generated traffic and traffic generated by the nearby developments, FM 428 north of the proposed development will carry 7,119 vehicles per day, and w~ll carry 11,787 vehicles south of the rote Loop 288 east of FM 428 w~ll carry 14,561 vehicles per ~lay, and west of FM 428 it will carry 14,037 vehicles per day All of these volu~nes fall at or below the respecbve capactt~es of the fac~ht~es According to COG standards, FM 428 w~ll operate at a LOS C north of the s~te and a LOS E Innovative Transportatton Soluttons Inc Traffic Impact Overvtew June 2000 North Texas Equestrian ,,lrena Project south of the site under a worst-case scenario and w~th no ~mprovements made to the ex,stIng roadway Loop 288 wdl operate at a LOS C on both s~des of FM 428 However, LOS on FM 428 wdl be improved with the recommended wldemng of the road adJacent to the proposed development ITS assumed that FM 428 was widened to ~nclude a center left turn lane and a continuous right turn lane in the v~c~mty of the s~te (refer to EXHIBIT 1 ~n the Appendix for proposed ~mprovements along FM 428) These ~mprovements would ~ncrease the capacity of FM 428 to 15,000 vehicles per day, and would improve the LOS south of the development to a LOS D The proposed development ~s projected to generate approximately 4,957 one- way trips dunng a typical 24-hour weekday penod These projected trips do not take ~nto account any trip reduction factors such as > Multi-purpose trips > Transit trips ;> Pedestnan trips )> Internal tnps > Pass-by tnps The reason these factors were not considered was to ensure a worst-case scenario was analyzed Traffic volumes from 1997 were obtained from TxDOT for FM 428 and Loop 288 These volumes were subjected to a three (3) percent annual growth factor to estimate current (year 2000) dally traffic volumes Trips were generated for the proposed development as well as the existing water park and the currently undeveloped 280-acre s~te just south of the proposed development The tnps were dlstnbuted along the roadway system based on area demographics and projected traffic patterns The resulting volumes, designated "projected volumes," were compared to NCTCOG capacity standards for certain roadway cross-sect~ons to determine any negative ~mpacts that may result from the development of the proposed site IX RECOMMENDATIONS The following are recommendations to ~mprove access, c~rculatlon, and traffm safety on and adjacent to the proposed development 1 Construct a continuous left turn lane and subsequent traffic s~gmng and pavement markings to TxDOT standards along FM 428 adjacent to the s~te Innovative Transportation Soluttons lnc '9' Traffic Impact Overvtew June 2000 North Texas Equestrian .4rena Project 2 Construct a continuous nght turn lane and subsequent traffic s~gmng and pavement markings to TxDOT standards along the west s~de of FM 428 adjacent to the site 3 Design all driveway and street ~ntersectlons to allow for two (2) ingress lanes and two (2) egress lanes 4 Provide street hghts at all street and / or driveway intersect~ons 5 Work w~th TxDOT, Denton County, and the City of Denton to develop a trail blazer slgnage package for the arena development x Based upon the Year 2000 Projected da~ly traffic volumes on Loop 288, the proposed development does not appear to have any major impacts on the aforementioned road Based on ex~st~ng (year 2000) traffic volumes, Loop 288 operates at a LOS C With the addition of the traffic generated by the proposed site, the LOS on Loop 288 will remain at level C The addition of the site generated traffic to the roadway system will cause the LOS on FM 428 to decrease from LOS C to LOS E However, the LOS on FM 428 w~ll only decrease to LOS D with the recommended ~mprovements to FM 428 Much of the traffic generated by the arena will impact the roads in the evening or on the weekends, when traffic is considerably hghter than during peak weekday hours In addition, nearly 85% of the traffic generated by the hotel will affect the roadways during non-peak hours Traffic generated by the water park and the undeveloped s~te to the south of the proposed development w~ll have other access options and w~ll likely not affect FM 428 as greatly as ITS assumed ~n th~s traffic ~mpact overview In addit~on, the recommended improvements to FM 428 w~ll provide more capacity and improve traffic safety for patrons entenng / leaving the site Innovattve Transportatton Soluttons, [nc -10- APPENDIX fi TRU(~(/"TR~LE]~ PARKIN~ / R E N . z/., ~. EXISTING ROAD CROSS SECTION ~ "' ¥'~":' PROPOSED ROAD CROSS SECTION / / ':' ~ / O~R~OW P~NO A ~ ~ mz ~ ] HIGHWAY IMPROVEMENT PLAN ARENA DEVELOPMENT PARTIALLY IN THE CITY OF DENTON, DENTON COUN3~. TEXAS EDWIN PICKETT PREPARED I~Y: HATFIELD CROOKLESS ABERNATHY ARCHrTECTS. INC. CRANNELL, CRANNELL & MARTIN ENGINEERING 9t27 KING ARTHUR DR/VE DALLAS, ~ 75247 06/23/00 12 0~ ~'$403028 ~C'I'Cu~ l~ru~l ~uu~/uu~ EXHIBIT 23 HOURLY 8ER. VICE VOLUME PER LANE' (Divided or One-Way Roads) FUNCTIONAL CLASS ARE TYPE Freeway Principal Minor Collector Local Ramp Frentlga HOV Arterial Arterial Road ¢ BD 2t050 675 575 475 475 1~250 575 1,a00 FR NGE 2~125 "'625 625 $00 $00 1~575 625 1t500 UI; BAN 2,150 675 650 525 525 1,425 650 1,80 RE~K ,,ENTIAL SUE1 JRBAN 2,225 750 725 575 575 1,600 725 1 REal[ 'ENllA~. R~ RAL 21300 825 775 , 600 600 11725 775 1~800 · Service Volumes at Level of 8e~ce E (The M~del requires level of service E service volumes.) · If V~lume/Servlce Volume Ratio la <= 0 45 then Level of Service = A or B · If Vplume/Servlce Volume Ratio Is 0,45 < x <= 0 65 then Level of Service = C · If Vplume/Service Volume Ratio Is 0 65 < x <= 0 80 then Level of Service = D · If Volume/Service Volume Ratio Is 0 80 < x <= 1 00 then Level of Service ,= E · If Vplume/Servlce Volume Rabo Is > 1 0 then Level of Service = F HOURLY SrrRVlCE VOLUME PER LANE" (Undivided Roads) A'REA TYPE " FUNCTIONAL CLASS Freeway Pnnctpal Minor collector Local Ramp Frontage HOV Aha,rial Arterial Road C'! ID NIA 525 525 425 425 1,260 525 N/A FRI ~IGE NIA 67~; 575 450 450. 1 ~375 575 NIA UR 3AN NIA 625 600 475 475 1.425 600 N/A RESID ;NTIAL SUB~ RBAN N/A 700 660 525 525 1,600 65O NIA RE$1D ENTIAL RU ~ N/~, 750 700 550, 550 'I ,725 700 N/A N/A - I lot AppliCable · Service Volumes at Level of Service E ('The Moriel requires level of service E service volumes ) · If ~olume/Service Volume Ratio Is c= 0 45 then Level of Service = A or B . If Volume/Service Volume Ratio is 0 45 < x <= 0 65 than Level of Service = C · If ~olume/Serwce Volume Ratio is,0 ~5 < x <= 0 80 then Level of Service = D · If Volume/Service Volume Ratio is 0 80 < x <= 1 00 then Level of Service = E ° I1 Volume/Service Volume Ratio Is > 1 0 ulert Level of Service = F V-12 Texas Department of Transportation Recommended Average Daily Traffic (ADT) Volumes by Facility I Undesirable Good Flow Tolerable Flow Flow LOS E Highway Classt LOS A-B LOS C-D (Capacity) Urban Freeways 4Lane 0 - 44,000 44,001 - 52,800 52,801-64,400 6Lane 0-66,000 66,001 - 79,200 79,201-96,600 8 Lane 0 - 88,000 88,001 - 105,600 105,601 - 128,800 Each Additional Lane 0- 11,000 11,001 - 13,200 13,201-16,100 Urban Divided Streets (2) 4 Lane 0.16,100 16,101 - 19,100 19,101 - 23,000 6 Lane 0 - 23,500 23,501 - 27,900 27,901 - 33,000 8 Lane 0 - 29,400 29,401 - 34,900 34,901 - 42,000 Urban Undivided Streets (2) 2 Lane 0- 7,700 7,701 - 9,100 9,101 - 11,000 4 Lane 0 - 12,600 12,601 - 14,900 14,901 - 18,000 6 Lane 0 - 19,800 19,801 - 23,500 23,501 - 28,300 Rural Freeways 4 Lane 0 - 20,800 20,801 - 31,600 31,601 - 42,000 6 Lane 0 - 31,200 31,201 - 47,400 47,401 - 63,000 Rural Divided Highways (2) 4 Lane 0 - 12,000 12,001 - 17,500 17,501 - 25,000 6 Lane 0 - 18,000 18,001 - 26,200 26,201 - 32,500 Rural Undivided Highways (2) [ RolhngTerra~n, 2 Lane 0- 2,800I~ 2,801 - 4,700 4,701 - 14,700 Level Terrain, 2 Lane 0- 3,700 3,701 - 6,100 6,101 - 17,400 4Lane 0- 9,500 9,501 - 13,000 13,001 -26,000 6 Lane 0 - 15,000 15,001 - 19,500 19,501 - 39,000 A "divided" facility includes a flush or depressed median with sufficient width for storage of left tumlng vehicles On "undivided" facihties, left tums are made from a through lane "Urban street", as opposed to "rural h~ghway", conditions prevail whenever the intensity of roadside development, speed, zomng, signals, stop/yield signs, etc result ~n interrupted flow conditions and reduced traffic speeds Fhe volumes assume a percentage of trucks and do not require adjustment to passenger cai equivalents The table not meant to be used for design purposes but rather for planmng evaluations to indicate when tolerable flo~ s are no longer accommodated Thls chart has been used by TxDOT forplanmngpurposessmce 1985