Loading...
HomeMy WebLinkAboutAugust 15, 2000 Agenda AGENDA Agenda No ~ CITY OF DENTON CITY COUNCIL Agenda Ite~ r/o.._ tg~Z9 '- August 15, 2000 Oate_ fi/' f - After dete~mnmg that a quorum ~s present and convemng m an Open Meeting, the Cay Courted of the (2~ty of Denton, Texas will convene m a Closed Meeting on Tuesday, August 15, 2000 at 5 15 p ~ ~n the C~ty of Denton Council Work Session Room, Denton C~ty Hall, at 215 East McKmney, Denton, Texas to consider specific items when these ~tems are listed below under the Closed Meeting section of th~s agenda When ~tems for eons~deratmn are not hsted under the Closed Meetmg sectmn of the agenda, the C~ty Council will not conduct a Closed Meeting at 5 15 p m, and v~ll convene at the t~me hsted below for as regular or specml called meetmg The C~ty Council reserves the right to adjourn into a Closed Meetxng on any ~tem on ~ts Open Meeting ~genda consistent w~th Chapter 551 of the Texas Government Code, as amended, as set forth belo~v 1 Closed Meeting [**Before the Denton C~ty Council may dehberate, vote, or take final action on each of the agenda ~tems posted as a competmve matter ~n a Closed Meeting under the prowmons of TEX GOV'T CODE Section 551 086(c), the C~ty Council must first make a good froth detenmnauon, by majority vote of ~ts members, that the pamcular agenda ttem is a compeut~ve matter that satzsfies the reqmrements of Sectzon 551 086(b)(3) The vote shall be taken during the Closed Meetzng and shall be zncluded m the certffied agenda of the Closed Meeting If the Czty Council fmls to determine by a majority vote that the particular agenda ztem satisfies the reqmrements of Section 551 086(b)(3), the C~ty Councd may not dehberate or take any further action on that agenda ~tem ~n the Closed Meeting ] A' Dehberat~ons Regarding Certmn Pubhc Power Utlhtles Compet~tzve Matters --- Under TEX GOV'T CODE Section 551 086 ** 1 Recezve a presentation and mformat~on from Staff pertalmng to the Denton Munlmpal Electric ("DME") proposed annual budget for the fiscal year 2000-2001 and the updated capital zmprovement plan, as they relate to DME, conmstmg of competitive electric and commercial ~nformat~on respecting the details of the present and future operational and financml plans and strategzes of DME, and discuss, dehberate, conszder, and prowde Staff wzth d~rectzon regar&ng such matters B Consultation w~th Attorney - Under TEX GOV'T CODE Section 551 071 1 Dzscuss and conszder strategy and settlement proposal w~th the C~ty's attorneys ~n ht~gatzon styled C~ty of Denton v Texas Uttltttes Company, et al, Cause No 2000-60109-393 currently pen&ng ~n the 393rd District Court of Denton County, and &scuss legal zssues concerning thxs ht~gat~on vath the attorneys where to d~scuss these matters zn pubhc would conflmt wzth the duty of the C~ty's attorneys to the C~ty Council under the Texas Dzsc~phnary Rules of Professional Conduct of the State Bar of Texas ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSE]~ MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE City of Denton City Cotmcfl Agenda August 15, 2000 Page 2 EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF SECTION 551 086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION") THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A 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 IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551 071- 551 086 OF THE TEXAS OPEN MEETINGS ACT Regular Meeting of the City of Denton City Council on Tuesday, August 15, 2000 at 6 00 p m in the Council Chambers at City Hall, 215 E McKlnney Street, Denton, Texas at which the following items will be considered I Pledge of Allegiance A U S Flag B Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible" 2 Consider approval of the minutes of July 25, August 1, and August 4, 2000 PROCLAMATIONS/PRESENTATIONS 3 August Yard of the Month Awards CITIZEN REPORT 4 Receive a report from Dessle Goodson regarding pubhc transportation 5 Receive a report from Ross Melton, Jr regarding "LIE-YERS None so illiterate as those who will not read" NOISE EXCEPTION 6 Consider a request for an Exception to the Noise Ordinance for a Back to School block party at Texas Woman's University behand Regan Houston Residence Hall on September 7, 2000, hosted by the Chapter of Delta Sigma Theta Sorority, Inc, at Texas Woman's Umvers~ty from l0 00 p m tmtfl Mldmght CONSENT AGENDA Each of these items ~s recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations Approval of the Consent Agenda authorizes the C~ty Manage~ or his designee to implement each item in accordance with the Staff recommendations The City Council has received background ~nformation and has had an opportumty to raise questions regarding these items prior to consideration City of Denton City Council Agenda August 15, 2000 Page 3 Listed below are bids, purchase orders, contracts, and other items to be approved for payment under the Consent Agenda (Agenda Items 7-16) This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda If no items are pulled, Consent Agenda Items 7-16 below will be approved with one motion If items are pulled for separate discussion, they will be considered as the first items under "Items for Individual Consideration" 7 Consider adoption of an ordinance authorizing the execution of a change order one to the public works contract providing upgrades to the 69 KV line from Spencer to Locust, North Lakes Substation and US77/Rlney Road intersection between the City of Denton and Great Southwestern Construction, Inc, providing for an increase in the scope of work, materials, labor and an increase in the payment amount, and providing an effective date (PO 00983 to Great Southwestern Construction, Inc in the amount of $~,393,814 62 plus change order one in the amount of $47,288 63) 8 Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of a 138KV Transmission facilities upgrade, providing for the expenditure of funds therefore, and providing an effective date (Bid 2522 - Denton North to North Lakes 138KV Transmission Line Upgrade awarded to Red Simpson, Inc in the amount of $543,297 96) 9 Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for the payments by the City of Denton for Electrical Energy Transmission fees to those listed cities and utilities providing energy transmission services to the City of Denton, and providing an effective (PO 07087 to Lower Colorado River Authority, PO 07088 to Central & Southwest Services, Inc, PO 07089 to Texas-New Mexico Power Coop, PO 07090 to Texas Municipal Power Association, PO 07091 to Brazos Electric Power Coop, and PO 07092 to Austin Energy, in the total mount of $411,142 50) l0 Consider adoptson of an ordinance approving a commercial lease contract between the City of Denton and Scott Brown Properties, Inc, landlord, manager and agent for Ash Properties relating to the lease of office space at the Texas Braiding located at 100 W Oak St, Suites 101 and 107, Denton, Texas 76201, authorizing the expenditure of funds therefore, and providing an effective date l l Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with Mesa Design Group to provide design, c0nstructlon documents and oversight services at North Lakes Park for the City of Denton Parks Department as set forth in the contract, providing for the expenditure of funds therefore, and providing an effective date (PSA 2558 - Professional Services Agreement for Design, Construction Documents and Oversight Services at the North Lakes Park awarded to Mesa Design Group in the amount of $130,000) 12 Gonslder adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Government (H-GAC) for the acquisition of wheeled refuse containers by way of an Inteflocal Agreement with the City of Denton, authorizing the expenditure of funds therefore, and providing an effective date (Bid/File 2540 - PO 07105 to HGAC/Toter Inc, ~n the amount of $105,224 68) City of Denton City Council Agenda August 15, 2000 Page 4 13 Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the supply of decorative streethght fixtures, providing for the expenditure of funds therefore, and providing an effective date (Bid 2542 - Decorative Streeflight Fixtures awarded to Genlyte Sales Dallas an the estimated amount of $60,000) 14 Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the supply of control houses and switchgear for substation construction, providing for the expenditure of funds therefore, and providing an effective date (Bid 2546 - Control Houses and Swltchgear awarded to Powell Industries in the estimated amount of $1,071,000) 15 Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for routine airport maintenance program, authorizing the City Manager to expend funds provided for in the grant program, and declaring an effective date (TxDOT ProJect No AM2000DNTON, and TxDOT CSJ No M018DNTON) 16 Consider approval of a resolution of the City of Denton, Texas approving the 2000-2001 budget of the Denton Central Apprmsal District, and declaring an effective date PUBLIC HEARINGS 17 Continue a public hearing and consider adoption of an ordinance approving a Zoning Plan, to rezone 3901 Pockrus Page Road from an Agriculture zoning district to a Planned Development (PD) zoning district The 20 1 acre property is generally located on the north side of Pockrus Page Road, east of Interstate 35 East A single family subdivision w~th open spaces is proposed The Planning and Zoning Commission recommends denial (4-2) (ZP-O0-O02, Dtamond Rtdge Estates) 18 Hold a public hearing and consider adoption of an ordinance approving a Zoning Plan to rezone approximately 2 4 acres located on the south side of East University Drive approximately 250 feet west of its intersection with Redwood Drive The property is currently zoned One Family Dwelling (SF-7) An Office conditioned (O[c]) zoning district permitting the construction of a doctor's office is proposed The Planning and Zoning Commission recommends approval (7-0) with conditions (Z?-O0-O07, Redwood Medical Office) 19 Hold a public hearing and consider adoption of an ordinance to rezone 3 9 acres from an Agricultural zoning district to a Light Industrial zoning district The property is located at5001WestUniversityDrIve The proposal is to rezone the property to correspond wIth the existing land use A request for relief from the Interim Nonresidential Standards for this property was approved by City Council on June 6, 2000 The Planning and Zoning Commission recommends approval (7-0) (Z-O0-OIO) 20 Hold a pubhc hearing and consider adoption of an ordinance amending Chapter 35, Zomng, of the Code of Ordinances, to add Article XI, Denton Telecommunications Zoning Regulations, providing regulations governing the location of telecommunication towers and antennas The Planning and Zoning Commission recommends approval (5-0) with comments (SI-O0-17, Telecommumcattons Zonmg Regulations9 C~ty of Denton C~ty Councd Agenda August 15, 2000 Page 5 ITEMS FOR INDIVIDUAL CONSIDERATION 21 Consider adoption of an ordinance to correct an ~nadvertent error ~n Ordinance No 99- 203 whmh ~s an ordinance annemng ~nto the City of Denton certmn real property located on the east s~de of Interstate H~ghway 35W, north of Crawford Road, and west of U S Highway 377 Smd error being an inadvertent error ~n the descnptmn of the property being annexed whmh should have been approximately 472 acres instead of approximately 1055 acres (A-82, Huffines TracO 22 Consider and take action on a request for rehef from the Residential Interim Regulations, Ordinance 2000-046, for a 31 4 acre parcel north of Audra Lane and west of Mockmgb~rd The property ~s ~n a Planned Development (PD-127) zomng d~stnct An amended Detmled Plan is proposed reducing the total number of s~ngle-famfly res~dentml lots from 136 to 127 (RR-O0-O17, Bellawe North Addttton) 23 Consider and take action on an exaction variance from Secnon 34-111(1) of the Code of Ordinance, concerning street classfficat~ons for Regency Oaks, Phase 2 The 10 28 acre s~te ~s located south of Hobson Road and east of Country Club Drive The property ~s in a SF-10 conditioned zoning d~stnct Single family development is proposed (V-O0-O01, Regency Oaks Phase 2) 24 Consider and take action on a request for rehef from the Non-Residential Interim Regulations, Ordinance 2000-069, for a 1 63 acre parcel located on the east s~de of Bounce Brae, approximately 800 feet south of Umvers~ty Drive The property ~s in a Planned Development (PD-144) zomng d~stnct An amended Detaded Plan ~s proposed to allow a non-medical office bmld~ng on the s~te (RN-O0-027, Bonme Brae Medtcal Office Complex) 25 Consider approval of a resolution supporting the Major Investment Study for Interstate 35-E from State Highway 121 north to the C~ty of Denton being conducted by the Texas Department of Transportation, and encouraging Texas Department of Transportation officials to consider any means possible that will expedite the schematic development phase of th~s program to a completion date no later, and preferably sooner than December, 2001 26 Consider adoption of an ordinance vacating a ut~hty easement affecting the southern boundaries of Block 3, Lots 1-13 of Hannah Estates, an addition to the Ctty of Denton, Texas, according to the plat thereof, recorded ~n Cabinet C, Page 381 of the plat records of Denton County, Texas and providing for an effective date 27 Consider adoption of an ordinance approving a p~pehne crossing contract between the City of Denton and the Kansas City Southern Rmlway Company relating to the locatmn of a city water p~pelme w~thln rmlroad right-of-way located ~mmedmtely east of smd railroad right of way's intersection w~th U S H~ghway 377 wtth~n the C~ty of Denton, Texas, anthonztng the expenditure of funds therefore, and prowd~ng an effective date 28 Consider adoption of an ordinance of the C~ty of Denton approwng a hcense agreement between the City of Denton and the Texas Municipal Power Agency (TMPA) relaung to City of Denton City Council Agenda August 15, 2000 Page 6 the location of a city water pipeline within a TMPA utility easement described in that certmn easement recorded in Volume 1141, Pages 128-131 of the deed records of Denton County, Texas near where said easement Intersects with U S Highway 377 within the City of Denton, Texas, authorizing the expenditure of funds therefore, and providing an effective date 29 Consider adoption of an ordinance approving a real estate contract between the City of Denton and William L Abernathy Charitable Lead Trust, relating to the purchase of approximately 0 0258 acres of land for the expansion of U S Highway 77 (Parcel 62), authorizing the expenditure of funds therefore, and providing an effective date 30 Consider adoption of an ordinance declanng a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 0 1895 acre permanent public utility easement and an approximate 0 2595 acre temporary construction easement both located in the B B B & C R R Co Survey, Abstract No 196 and in the J W Withers Survey, Abstract No 1343, Denton County, Texas, authorizing the City Manager or his designee to make an offer to purchase the property for its fair market value and if such offer is refused, anthonzmg the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of constructing utilities along F M Highway 1830, and declaring an effective date 31 Consider an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquinng of an approximate 1 599 acre permanent public utility easement and an approximate 2 328 acre temporary construction easement both located in the W Roark Survey, Abstract No 1087 and in the J Severe Survey, Abstract No 1184, Denton County, Texas, authorizing the City Manager or his designee to make an offer to purchase the property for ~ts fair market value and if such offer is refused, authorizing the City Attomey to ~nst~tute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of constructing utilities along U S Highway 377, and declaring an effective date 32 This item was pulled from consideration 33 Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute a Professional Services Agreement with SIGCORP Communication Services, Inc for consulting services pertmmng to the preparation of an independent feasibility evaluation respecting telecommtancauons, dark fiber, and bandwidth issues for Denton Mumclpal Electric, authorizing the expenditure of funds therefore, and providing an effective date 34 Consider adoption of an ordinance of the City of Denton, Texas approving an amendment to the existing interim wastewater treatment services contract between the City of Denton, Texas and the Upper Trinity Regional Water District heretofore executed on November 20, 1990, extending the term thereof for an additional six month period, authorizing the City Manager to execute said amendment, providing for retroactive effect of smd amendment, and providing an effective date C~ty of Denton City Council Agenda August 15, 2000 Page 7 35 Consider adoption of an ordinance of the C~ty of Denton, Texas approving a Tower Lease A~reement for the attachment of personal communications services transmitting and receiving eqmpment on the Bronco Water Tower and the McKenna Park Radio Tower owned by the City, by and between the City of Denton and Cook Inlet/VmceStream PCS, L L C, and prowdlng an effective date 36 Consider adoption of an ordinance of the C~ty of Denton, Texas, authorizing the City Manager to execute a Pole Attachment Agreement between the C~ty of Denton, Texas and Metncom, Inc, authorizing the expenditure of funds therefore and the collection of rents therefrom, and prowd~ng an effective date 37 Consider approval of a resolution of the C~ty Councd of the C~ty of Denton, Texas placing a proposal on the September 5, 2000 C~ty Counml Public meeting Agenda to adopt a 2000 tax rate that will exceed the lower of the rollback rate or 103 percent of the effective tax rate, calhng a public heanng on a tax ~ncrease to be held on August 29, 2000, reqmnng pubhcat~on of a Notice of Pubhc Hearing on a tax ~ncrease ~n accordance with the law, and provtdlng an effective date 38 Receive a report, hold a discussion, and g~ve staff direction regarding the 2000-2001 operating budget and the 2001-2005 Capital Improvement Program 39 Consider adoption of an ordinance authorizing the C~ty Manager to enter ~nto a Professional Services Agreement with D~versffied Ut~hty Consultants, Inc to provide testimony as expert w~tnesses and related consulting services ~n the C~ty of Denton vs Texas Utlhties Company, et al, ht~gatlon authorizing the funds therefore, prowd~ng retroacttve effect, and providing an effective date 40 Consider nominations/appointments to the C~ty's Boards and Commissions 41 New Business Th~s item provides a section for Counml Members to suggest ~tems for future agendas 42 Items from the C~ty Manager A Notification of upcoming meetings and/or conferences B Clarlficat~on of ~tems on the agenda 43 Possthle contmuat~on of Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act 44 Official Action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act C~ty of Denton City Council Agenda August 15, 2000 Page 8 CERTIFICATE I certify that the above nouce of meeting was posted on the bulletin board at the C~ty Hall of the C~ty of Denton, Texas, on the .day of _, 2000 o'clock (ana ) (pm) CITY SECRETARY NOTE THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS 1N ADVANCE OF THE SCHEDULED MEET1NG PLEASE CALL THE C1TY 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 Aoenda No_, ff - CITY OF DENTON CITY COUNCIL MINUTES Agenda Item July 25, 2000 Date ~// After determlmng that a quorum was present and convening m an Open Meeting, the City Council convened In a Closed Meeting on Tuesday, July 25, 2000 at 5 15 pm in the Work Session Room, Denton City Hall PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Coehran, Durrance, Knstoferson and Young ABSENT None 1 Closed Meeting A Deliberations Regardmg Real Property --- Under TEX GOV'T CODE Section 551 072 Deliberations Regarchng Cert~un Public Power Utilities Competitive Matters --- Under TEX GOV'T CODE Section 551 086 ** (1) Received information from Staff, discussed, deliberated, considered, and provided Staff w~th direction pertmmng to the location of, the purchase price of, negotiating issues, and valuation issues respecting the possible acquisition by the City of Denton Municipal Utilities Department of an approximate 3 13 acre tract of land situated in the S A Venters Survey, Abstract No 1315, and being situated in part of a msurvey of a called 20 442 acre tract of land described in the Deed from Western Place, Inc to G Hopkins, as recorded in the Deed Records of Denton County, Texas, at Volume 829, Page 474, and which tract is located near the Southwest comer of the intersection of Hmkory Creek Road and FM 2181, in Denton County, Texas, which acqmsltlOn is for a public purpose B Consultation with Attorney - Under TEXAS GOV'T CODE Section 551 071 (1) Considered lmtlatlng htlgatlon and discussed possible settlement of such potential htlgatlon concerning two signboards north of the intersection of Loop 288 and Colorado Boulevard, within the right-of-way of the Denton Branch Rail Trail, and consult with attorneys on a matter in which the etlucal duties of the attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly mqmre such a consultation to be closed to the public under the clmumstances presented Special Called Session of the City of Denton City Council on Tuesday, July 25, 2000 at 6 00 p m in the Council Chambers at City Hall 1 Pledge of Allegiance The Council and members of the audience remted the Pledge of Allegiance to the U S and Texas flags 2 The Council considered approval of the minutes of May 23, May 31, June 5, June 6, June 13, June 20, June 22, June 27, and July 14, 2000 Mayor Pro Tern Beaalcy noted a corrcct~on on the June 20th minutes City of Denton C~ty Council M~nutes July 25, 2000 Page 2 Young motioned, Burroughs seconded to approve the minutes as amended On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durranee "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously PROCLAMATIONS/PRESENTATIONS 3 Mayor Brock presented proclamations for A Alternative Transportation Day B Tnmty Presbyterian Church Day CITIZEbI__REPORTS 4 The Council was to receive a report from Sharon Glllum regarding a commercml bus~ness on agriculturally zoned land Ms Gflhm was not present 5 The Council received a report from D~amand Jamal regarding Blzplex Mr Jamal stated he had many ~ssues to be resolved w~th the C~ty regarding the Denton Bus~ness Park One of bas roam concerns was a water pxpe that was installed across bas property and looping across bas water meter There was a water leak in those p~pes that the C~ty dad not inform barn of and repmrs were made w~th substandard materials He requested that the repairs be corrected properly 6 The Council receaved a report from Dess~e Goodson regarding mty transportaUon and other issues Ms Goodson stated she had attended the June 24th pubhc meeting mgarthng the City's pubhc transportatxon program She felt that the ~ssues were not clear and that her questions were not answered properly She expressed concerns regarding the procedures of the transportation system CONSEN. T AGENDA Cochran motioned, Young seconded to approve the Consent Agenda and accompanying ordinances and resobatmns w~th the change of Item #13 from an ordinance to a resolutmn On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Morton earned unammously 7 NO R2000-033 ~ RESOLUTION OF THE CITY OF DENTON, TEXAS DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE CITY IN DEALING WITH TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING 1N THE TEXAS RECREATION & PARKS ACCOUNT GRANT PROGRAM, CERTIFYING THAT THE CITY IS C~ty of D~nton Clty Council Minutes July 25, 2000 Page 3 ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE, CERTIFYING THAT THE CITY'S MATCHING SHARE IS READILY AVAILABLE, AND DEDICATING THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES 8 NO R2000-034 A RESOLUTION ADOPTING THE PARKS AND RECREATION PLAN OF THE CITY OF DENTON, AND PROVIDING AN EFFECTIVE DATE 9 NO R2000-035 A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE ACCEPTANCE BY THE CITY OF DENTON OF A GRANT FROM THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO A MUNICIPAL AIRPORT MASTER PLAN, AND PROVIDING AN EFFECTIVE DATE 10 NO 2000-229 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF PAVING AND DRAINING IMPROVEMENTS ON WILLOWWOOD STREET, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2520 - WILLOWWOOD PAVING AND DRAINAGE AWARDED TO JAGOE PUBLIC COMPANY IN THE AMOUNT OF $851,274 21) 11 NO 2000-230 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR PHASE III OF THE EVERS PARK BASEBALL FIELD IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2507 - EVERS PARK BASEBALL FIELDS - PHASE III AWARDED TO JONES AND JEFFREY, INC IN THE AMOUNT OF $253,130 INCLUDING ALTERNATES 1 AND 4) 12 NO 2000-231 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF SOCCER FIELD LIGHTING IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2518 - NORTH LAKES PARK SOCCER FIELDS LIGHTING IMPROVEMENTS AWARDED TO THE LOWEST BIDDER, GROVES ELECTRIC, INC IN THE AMOUNT OF $152,900 INCLUDING ALTERNATE 1) C~ty of Denton Caty Councd M~nutes July 25, 2000 Page 4 13 NO R2000-036 A RESOLUTION OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED RETAINED EARNINGS OF THE WATER FUND WITH CERTIFICATES OF OBLIGATION FOR SOLID WASTE LANDFILL CONSTRUCTION, AND PROVIDING AN EFFECTIVE DATE 14 NO 2000-232 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF LANDFILL CELLS - PHASE II, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2521 - CONSTRUCTION OF LANDFILL CELLS - PHASE II AWARDED TO HANDEX CONSTRUCTION SI~RVICES IN THE AMOUNT OF $2,247,865 38) 15 NO 2000-233 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF TRAFFIC SIGNAL CONTROL CABINETS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2517 - ANNUAL CONTRACT FOR TRAFFIC SIGNAL CONTROL CABINETS AWARDED TO PARADIGM TRAFFIC SYSTEMS IN THE ESTIMATED AMOUNT OF $58,176) 16 NO 2000-234 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TRUCK BED AND BODIES, AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2534 - TRUCK BED AND BODIES AWARDED AS LISTED BELOW IN A TOTAL AMOUNT OF $20,522) 17 NO 2000-235 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE INSTALLATION OF AN AUTOMATED IRRIGATION SYSTEM AT THE SERVICE CENTER, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2535 - SERVICE CENTER IRRIGATION AWARDED TO PROFESSIONAL A-1 SPRINKLER SERVICE IN THE AMOUNT OF $20,500) 18 NO 2000-236 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF FIBER OPTIC CABLE AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, City of Denton City Council Mmutes July 25, 2000 Page 5 AND PROVIDING AN EFFECTIVE DATE (PO 06167 TO FMS TECHNOLOGIES, INC IN THE AMOUNT OF $116,475) 19 NO 2000-237 AN ORDINANCE AMENDING ORDINANCE NO 99-322 ADOPTING THE 1999- 2000 BUDGET AND ANNUAL PROGRAM OF SERVICES TO INCREASE THE 1999-2000 FLEET SERVICES BUDGET 1N THE AMOUNT OF ONE HUNDRED AND EIGHTY-EIGHT THOUSAND NINE HUNDRED AND TEN DOLLARS DUE TO AN UNANTICIPATED INCREASE IN THE COST OF FUEL, PROVIDING FOR PUBLICATION AND FILING WITH THE COUNTY CLERK, AND PROVIDING AN EFFECTIVE DATE 20 NO 2000-238 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO EXECUTE AN AGREEMENT FOR PERSONAL SERVICES WITH ROGER WILKINSON TO PROVIDE REAL PROPERTY ACQUISITION SERVICES AND SUPPORT FOR THE PONDER ELECTRIC SUBSTATION PROJECT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE PUBLIC HEARINGS 21 The Council held a public heanng and considered approwng a Zoning Plan, to rezone 3901 Pockrus Page Road from an Agriculture (AG) zomng district to a Planned Development (PD) zomng district The 20 1-acre property was generally located on the north s~de of Pockms Page Road, east of Interstate 35 East A single-family subdlwsion w~th open spaces was proposed. The Planning and Zoning Commmsmn recommended demal (4-2) (ZP-00-002, Dmmond Pddge Estates) Doug Powell, D~rector of Planmng and Development, stated that the proposal was for single family homes w~th an overall density of 3 7 umts per acre The proposal was impacted by the interim regulatmns which resulted m the submission of the zoning plan The Comprehensive Plan indicated that the parcel was m two districts - a neighborhood center and a regional m~xed use activity center As there was over 20% opposition to the proposal, the supermajonty vote was an effect plus the fact that the Planmng and Zoning Commission had denied approval of the proposal A letter had been submttted by the property owner to delay consideration of this item Alen Bueel, representing the property owner, stated that the owner of the property was out of town ant~ wanted to attend the meeting Thus they had requested a delay ~n consideration of the proposal The Mayor opened the public heanng The following md~wdual spoke dunng the public heanng Pdchard Cooper, Andrew Corporatmn - opposed City of Donton City Council Minutes July 25, 2000 Page 6 Cochran motioned, Beasley seconded to postpone consideration and to continue the public heanng two weeks fi.om tins meeting On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "nay", Young "nay", and Mayor Brock "aye" Motion earned w~th a 5-2 vote 22 The Council held a public heanng and considered approving a Detailed Plan for a Planned Development (PD-174) zoning district The 378 1-acre property was generally located south of Johnson Lane, between John Prone Road and Fort Worth Drive A single-family subdivision with open spaces was proposed The Planning and Zoning Commission recommended approval with eondmons (4-1) (Z-99-100, Country Lakes North, formerly Willow Lakes North) Doug Powell, Director of Planmng and Development, stated that 1272 residential lots were proposed with an overall density of 3 2 umts per acre w~th open spaces The project was exempt from the interim regulations The flood plato contained environmentally sensitive areas that were incorporated into the detention ponds The proposal was outside the city limits so that the supermajonty rule was not m effect The site plan did not have any connections to the west or east which was a deviation from the Comprehensive Plan The Argyle ISD had indicated that they would request delay of the proposal The Mayor opened the public hearing The following individuals spoke dunng the public heanng Frank Murphy, Wyune/Jackson Lakes Development - favor Sue Bancroft, Argyle ISD - requested delay m consideration Rebuttal by Mr Murphy Cochran motioned, Burroughs seconded to postpone consideration of the proposal until the first regular Council meeting after 30 days (September 5th) and continue the public hearing at that meeting Council Member Knstoferson asked for addmonal information on a transportation study, a formal letter from Argyle ISD on the school sites, and more information on the connectivity issues of area roads Council Member Durranee requested a design standards analysis of the proposed development On roll vote, Beasley aye , Burroughs aye, Cochran aye, Durrance aye , Knstoferson "aye", Young '~ay", and Mayor Brock "aye" Motion camed with a 6-1 vote City Manager Jez indicated that Council might want to reconsider the motion on Item #21 He felt the motion was to continue consideration for two weeks which would require a special called meeting ~as that meeting was a work session He suggested that the motion continue consideration at the August 15th Council meeting Council would need to motion for reconsideration and then make a new motion City of Denton Clty Council Minutes July 25, 2000 Page 7 Coehran motioned, Knstoferson seconded to reconsider Item #21 On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motaon carried unanimously Cochran motioned, Beaaley seconded to postpone consideration of Item #21 and to continue the public heanng at the August 15th Council meeting On roll vote, Beasley "aye", Burroughs "aye", Coehran "aye", Durranee "aye", Knstoferson 'haay", Young "aye", and Mayor Brock "aye" Motion earned with a 6A vote 23 The Council held a public hearing and considered approving a Zoning Plan to rezone approximately 30 acres from a Planned Development (PD-84) and Agriculture (A) zoning distracts to a Light Industrial (LI) zomng distract The property was located west of Masch Branch Road approxamately 600 feet south of Umversity Drive A laght mdustnal park was proposed The Planmng and Zomng Commission recommended approval with conditions (5-1) (ZP-00-006, Airport Industrial Park) Doug Powell, Director of Planning and Development, stated that surrounding property was zoned industrial The Planmng and Zomng Colnmlsslon recommended approval w~th three conditions This proposal was covered by the lntgrlm regulations that would include height restrictions if necessary The Mayor opened the public heanng The following individual spoke dunng the public heanng Alan Bucel, representing the petitioner - favor The Mayor closed the public heanng The following ordinance was considered NO 2000-239 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM PLANNED DEVELOPMENT //4 (PD-84) AND AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO LIGHT INDUSTRIAL (LI) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 30 ACRES OF LAND LOCATED EAST OF MASCH BRANCH ROAD AND APPROXIMATELY 600 FEET SOUTH OF UNIVERSITY DRIVE AND MASCH BRANCH INTERSECTION, PROVIDING FOR APPROVAL OF A ZONING PLAN FOR THE DISTRICT, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT FO $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (ZP-00-005) Young motioned, Burroughs seconded to approve the zomng plan with the conditions as recommended by the Plarmlng and Zomng Commission On roll vote, Beasley "aye", Burroughs C~ty of Denton C~ty Counml Minutes July 25, 20OO Page 8 "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion camed unammously ITEMS FOR INDIVIDUAL CONSIDERATION 24 The Cotmml cons, dered approval of a resolution approwng the F~scal Year 2001 Budget of the Denco Area 9-1-1 D~stnct, pursuant to Tex Health & Safety Code §772 309, and prowdmg an effective date The following resolution was considered NO R2000-037 A RESOLUTION APPROVING THE FISCAL YEAR 2001 BUDGET OF THE DENCO AREA 9-1-1 DISTRICT, PURSUANT TO TEX HEALTH & SAFETY CODE §772 309, AND PROVIDING AN EFFECTIVE DATE Burroughs motioned, Young seconded to approve the resolution On roll vote, Beasley "aye", Burrough~ "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously Mayor Brock left the meeting 25 The Council considered approwng a Project Plan for 1 73 acres located on the east s~de of Teasley Lane approximately 700 feet south of Hmkory Creek Road A chfldcare center of approximately 14,000 square feet with assocmted s~te ~mprovements was proposed (SP-00-010, Children L~ghthouse Cluldcare Center) Doug Powell, D~rector of Planmng and Development, stated that th~s proposal was on the Counml's last meeting agenda A rewsed elevation for the project plus the deuul on a proposed monument sxgn was included m the agenda back-up The following resolution was considered NO R2000-038 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN FOR CHILDREN LIGHTHOUSE CHILDCARE LEARNING CENTER, BEING AN APPROXIMATE 1 73 ACRE SITE LOCATED ON THE EAST SIDE OF TEASLEY LAND, APPROXIMATELY 700 FEET SOUTH OF HICKORY CREEK ROAD, AND PROVIDING FOR AN EFFECTIVE DATE (SP-00-010, CHILDREN LIGHTHOUSE CHILDCARE LEARNING CENTER) Beasley motioned, Knstoferson seconded to approve the resolutmn On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Young "aye" Motion earned unammously City of Demton Clty Council Minutes July 25, 20OO Page 9 26 The Council considered an appeal to the Planning and Development Director's determmatmn of regulations apphed to Planned Development-86 (PD-86) for the Windsor Ridge Estates, Phase I, zero lot line coverage The Planning and Zomng Commission recommended demal (4 -3) (SI-00-014, Appeal Determination) Doug Powell, Director of Planning and Development, stated that thas was an appeal to a determination he had made regarding lot coverage for Windsor Ridge Estates Lot coverage on the zero lot hne residential area was not noted in the ordinance approving PD-86 The appheant requested staff to review the Planned Development and determine the maximum allowable lot coverage Staff determined, per Section 35-184 of the Zomng Code, that the most comparable zoning district "SF~7" had a maximum lot coverage of 35% The appheant was requesting a maximum lot coverage of 45% so they could build larger houses on the lots A supermajonty vote was not requared as this was not a zoning procedure The applicant had agreed to plant one 3" caliper street tree on each lot, implement a repeutlon pattern prohibiting adjacent homes or homes that face each other to have either the same elevation or the same bnek color and would ~mplement staggered front yard setbacks The following individuals spoke on the issue Ike Shupe, representing Ryland Homes - favor Allan Needles, 2325 Southway Drive, Denton, 76207 o favor Lou Schneider, 2334 Southway Drive, Denton, 76207 - favor Bruce Trotter, 1915 Buckeye, Flower Mound, 75028 - favor Paul Johnson, 2336 Southway Drive, Denton, 76207 - favor Martin Peterson, 2337 Southway Drive, Denton, 76207 - favor Cochran motioned, Young seconded to support the appeal to the Planning Director's determination and to allow a 45% coverage mcludang the three voluntary cond~tlons at noted On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Knstoferson "nay", and Young "aye" Motion carried with a 4-2 vote 27 Woolaver Addition The 3 479-acre stte was located on the north side of Audra Lane generally between Old North Road and Loop 288 It was in an Agncultural-zomng d~stnct A s~ngle-famfly residence was proposed Doug Powell, Director of Planmng and Development, stated that this property had never been platted The petitioner wanted to subdivide the property and place another resadenee on the location The property owner would have to extend sidewalks and upgrade pavang on Audra Lane Wayne Woolaver spoke in favor of the variances Cochran motioned, Young seconded to grant an exaction variance for Items a (sadewalks) and b (paving) City of D{,nton City Council Minutes July 25, 2000 Page 10 a The Council considered an exaction variance from Section 34-114(17) of the Code of Ordinances, concermng sidewalks The Planning and Zoning Commission recommended denial (3-2) (V-00-006A, Woolaver Addition) On roll vote to grant the variance, Beasley "aye", Burroughs "nay", Cochran "aye", Durrance "aye", Knstoferson "nay", and Young "aye" Motion camed with a 4-2 vote b The Council considered an exaction variance from Section 34-114(5) of the Code of Ordinances, concermng perimeter paving The Plaunmg and Zoning Commission recommended demal (3-2) (V-00-006B, Woolaver Adcht~on) On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "nay", and Young "aye" Motion earned with a 5-1 vote 28 The Council considered and took action on a request for relief from the Residential Interim Regulations, Ordinance 2000-046, for a 31 4 acre parcel north of Audra Lane and west of Mockingbird The property was xn a Planned Development (PD-127) zomng district An amended Detmled Plan was proposed reducing the total number of single-famdy resxdentlal lots from 136 to 127 0LR-00-017, Bellmre North Addition) Doug Powell, Director for Planning and Development, stated that thxs was a single family development proposal The proposal would be reqmred to complete a zoning plan, a project plan and complete the platting process If the rehefware granted, a zomng plan or project plan would not be reqmred The petltxoner had submitted a request for delay and to be placed on the August 1st Council agenda Burroughs motioned, Young seconded to postpone consideration of the item until the August 15th Counml meeting On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Young "aye" Motion camed unammously 29 The Council considered nominations/appointments to the C~ty's Boards and Commissions Jennifer Walters, City Secretary, mdmated that Council had made nominations at a prior meeting that the Council could vote on at tins meeting Following that, Council would be able to make additional nominations for remmmng vacancies Burroughs motioned, Young seconded to approve the nominations made at the prior meeting On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Young "aye" Motion camed unammously Council Member Young nominated Darrell Wright to the Animal Shelter Advisory Board Council Member Cochran nominated Steve Johansson to the Historic Landmark Commission City of Denton C~ty Counml M~nutes July 25, 2000 Page 11 Burroughs motaoned, Young seconded to suspend the rules and vote on these nominations at this meeting On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Young "aye" Molaon camed unammously On roll vote for Darrell Wright for the Ammal Shelter Advisory Board, Beasley "aye", Burroughs "aye", Coehran "aye", Durrance "aye", Knstoferson "aye", and Young "aye" Motion canned unanimously On roll vote for Steve Johansson to the H~stonc Landmark Commission, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Young "aye" Motion carned unanimously Council made nominations on vacancies as noted in Attachment A Coehran motioned, Burroughs seconded to suspend the rules and vote on the nominations as m Attachment A On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Young "aye" Motion earned unanimously On roll vote for the nonunat~ons, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Young "aye" Motion earned unammously 30 New Business The following ~tems of New Business were suggested by Counml Members for future agendas A Council Member Cochran asked for a work session ~tem regarding the Pecan Drmnage project He would like to have those residents who would be affected by the project to receive pubhc nottficatlon on what will be happemng w~th the project B Council Member Burroughs asked for a review of the C~ty's industrial sites w~th a comparison of the uses of the current sites with the Comprehensive Plan 31 Items fi.om the C~ty Manager C~ty Manager Jez d~d not have any ~tems for Councd 32 There was no continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 33 There was no offimal action on Closed Meeting ~tem(s) under Sections 551 071-551 086 of the Texas Open Meetings Act Following the completion of the Spemal Called Session, the Council convened ~nto a Work Session 1 The Council received a report, held a d~scusslon, and gave staff chrection involving the C~ty Employee Health Plan C~ty of Denton C~ty Couned M~nutes July 25, 2000 Page 12 Robert Waggoner, Rask Manager, stated that Councd had requested ~nformat~on regarding health care ~n general, a d~scussxon on the C~ty of Denton Health Plan h~story, utthzatlon of Denton area providers under the current plan, the financml standing of Aetna U S Healthcare, and a comparison and analysis of the C~ty of Denton plan w~th other Denton area pubhc entitles He reviewed these topms as noted m the agenda back-up materials Consensus of the Council was to remmn w~th the current plan for another year 2 The Council received a report, held a d~scuss~on, and gave staff direct, on regarding proposed procedural changes to be implemented by the C~ty Development Rewew Committee (DRC) Larry Remhhart, DRC Chairman, stated that at the June 13, 2000 Cotmcd work session, staff presented a number of operational and procedural changes to the Development Review Committee This report was a follow-up to that meeting He presented an update on the proposed changes and the results of those proposals Consensus of the Council was to proceed w~th the proposed changes 3 The Council received d~rect~on from Council regarding the proposed date for the Development Code Review Session Doug Powell, D~rector of Planmng and Development, stated that a date of September 14th or 15th was being proposed for the all day work session to review the draft Development Code prior to release for pubhc rewew and comment Consensus of the Councd was to proceed w~th the September 15th date W~th no further business, the meeting was adjourned at 11 15 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS Attachment A BOARDS/COMMISSION NOMINATIONS Dmt Current Member Nonunat~on Term Counml 7 Terry Garland Terry Garland 1998-00 Brock Anoroved 6/27 4 Joe Roy Joe Roy 1998-00 Knstoferson Approved 6/27 5 Ronald Keaton Ronald Keaton 1998-00 Beasley Aonroved 6/27 Dmt Current Member Nonunatton Term Courted 5 Lma zottarelh Lma Zottarelh 1998-00 Beasley Approved 6/27 6 Hamet Aronson Hamet Aronson 1998-00 Burroughs Aonroved 7/25 , RD OF ADJUSTMENT Dmt Current Member Nomination Term Council 5 Bob Manning Bob Manning 1998-00 Beasley Approved 6/27 2 Robyn Mullendore Robyn Mullendore 1998-00 Durrance Approved 6/27 ~ ' ADVISORY COMMITTEE Dmt Current Member Nom~natmn Term Courted 6 Barbara Stmnett Barbara Sttnnett 1998-00 Burroughs Approved 6/27 7 Jean Ellen Rogers Jorge Urbma 1998-00 Brock Approved 7/25 3 Sondra Ferstl Sondra Ferstl 1998-00 Cochran Approved 6/27 5 Ann Hatch Edward Touratne 1998-00 Beasley Approved 7/25 CONSTRUCTION ADVISOI tY & APPEALS BOARD DlSt Speciality Current Member Nomination Term Council 2 Associated with Henry l'dfc Henry Rafe 1999-00 Durrance construction. Approved 6/27 development or real estate 4 Arctutect or Alan Nelson Alan Nelson 1999-00 Knstoferson Engineer Approved 6/27 ..... .)N HOUSING AUTHORITY Seat Current Member Nomination Term 7 Ray Bejarano Ray Bej arano 1998-00 Brock Approved 6/27 7 Bob Crouch Bill Glese 1998-00 Brock Approved 7/25 ._,~TORIC LANDMARK CO1V~IISSION Dlst Current Member Nomination Term Council 3 Mark Sandel Mark Sandel 1998-00 Cochran Approved 6/27 7 Peggy Norton Peggy Norton 1998-00 Brock Approved 6/27 2 JLm Karkpatnck Rod Reeves 1998-00 Durrance Annroved 7/25 Dlst Current Member Nomination Term Council 6 Ten Rheault Ten Rheault 1998-00 Burroughs . Approved 7/25 7 Carol Brantley Carol Brantley 1998-00 Brock An'>roved 7/25 4 Wallace Duvall Wallace Duvall 1998-00 Knstoferson Approved 6/27 2 Dlst Current Member Nomination Term Cotmcd 7 Teresa Starrett Teresa Starrett 1998-00 Brock A~nroved 6/27 3 Eva Cadwallader Eva Cadwallader 1998-00 Cochran Approved 6~7 , , .... .3 AND RECREATION BOARD Dlst Current Member Nomination Term Council 3 Dale Yeatts Dale Yeatts 1998-00 Cochran Approved 6/27 2 Brandon Barnes Brandon Barnes 1998-00 Durrance Approved 7/25 4 Brenda Phllhps Brenda Ptulhps 1998-00 Knstoferson Approved 6/27 ...... lNG AND ZONING COMMISSION Dlst Current Member Nomination Term Cotmcfl 3 Salty Rashel Salty R~shel 1998-00 Cochran Approved 7/25 5 Jim Engelbrecht Vmh Holt 1998-00 Beasley Approved 7/25 6 Perry McNefll Perry McNefll 1998-00 Burroughs Approved 7/25 BOARD Nomination Term Council _.vlPA BOARD OF DIRECTORS Seat Current Member Nomlnataon Term 0 George Hopkins George Hopkins 1998-00 ALL Approved 6/27 3 Dlst Current Member Nomination Term Cotmcfl 6 Greg Sawko Greg Sawko 1998-00 Burroughs Approved 6/27 1 Fred Hill Fred Hill 1998-00 Young Approved 7/25 2 Barry Walters Barry Walters 1998-00 Durrance Approved 6/27 3 Sflwa Lesko Sflwa Lesko 1998-00 Cochran Approved 6/27 4 CITY OF DENTON CITY COUNCIL MINUTES August 1, 2000 After determlmng that a quorum was present and convemng m an Open Meeting, the C~ty Council convened m a Closed Meeting on Tuesday, August 1, 2000 at 5 15 p m ~n the City of Denton Council Work Sessmn Room PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Cochran, Durranee, Krlstoferson and Young ABSENT None 1 Closed Meetang A Dehberatlons Regarding Real Property --- Under TEX GOV'T CODE Section 551 072 Dehberatmns Regarding Certmn Pubhc Power Utflat~es Competitive Matters --- Under TEX GOV'T CODE Section 551 086 ** 1 Received information from Staff, discussed, dehberated, considered, and prowded Staff with d~rectmn respecting the valuation of, and the possible sale, transfer, asmgnment, or other davest~ture of real property pertmmng to the C~ty of Denton's electric utthty system, melud~ng w~thout hm~tatlon the Gibbons Creek generatlun faclhty located m Grimes County, Texas, the Spencer generation faclhty located on Spencer Road m Denton County, Texas, the two hydroelectric facilities located m Denton County, Texas, and other components of the C~ty's electric generatmn assets Regular Meeting of the C~ty of Denton City Council on Tuesday, August 1, 2000 at 6 00 p m m the Council Chambers at C~ty Hall PRESENT Mayor Brock, Mayor Pro Tem Beasley, Councal Members Burroughs, Cochran, Durrance, Knstoferson and Young ABSENT None 1 Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U S and Texas flags PROCLAMATIONS/PRESENTATIONS 2 July Yard of the Month Awards Mayor Brock presented the July Yard of the Month Awards to Etha Vamer Juchth Harden Clay Thomas Elaine Fanmn Don Gray City of Denton City Council Minutes August 1, 2000 Page 2 Agnes and John KokallS Art Glass by Slgnd CITIZEN REPORTS 3 The Council received a report from James Hlneman regarding the pet ordinance Mr Hlneman requested that the City pass an ordinance hm~tlng the number of ammals allowed in a household An area resident was keeping an illegal animal shelter that was causing a problem with noise, odor and the storage of mass amounts food for the animals on the property msult~ng m rodent problems 4 The Council received a report from Robert Hughes regarding the Pecan Creek expansion Mr Hughes stated that the area nexghbors had formed a neighborhood organization due to the proposed Pecan Creek expansion He felt that the expansion would destroy several h~stoncal homes in the area and would anpact foot and vehicular traffic of those hying in the area Many old trees would have to be removed for the project The drmnage needed to be ~mproved in the area but not at the expense of the neighborhood He also questioned the timing of the project and the need to remove the historic homes so far in advance of the begmmng of the project 5 The Council received a report from William Re~d regarding the Pecan Creek expansion Mr Reid stated that he was m opposition to the proposed Pecan Creek expansion project He felt there were alternatives to the proposed expansion project and had presented alternatives to the City They had received no response from the City regarding those alternatives The area residents were also concerned about the financial impact on the value of their homes with empty lots next to them used only for drainage purposes 6 The Council received a report from Barbara Hams regarding the Pecan Creek Drainage ProJect Ms Hams stated that the neighborhood had improved over the years with the new residents taking more pride m the appearance of their homes She felt that the proposed expansion of the Pecan Creek drainage project would have a negative impact on the neighborhood and the City ~n general She felt there were alternatives possible instead of the proposed expansion 7 The Council received a report from Ray Hams regarding the Pecan Creek Drainage Project Mr Hams did not speak at the meeting 8 The Council received a report from Rob Raynor regarding the Pecan Creek drainage channel Mr Raynor stated that he had a client with a bus~ness in the area and the proposed expansion would take away the chent's drive-through for h~s business He requested the City look at alternatives to the proposed expansion City of Denton City Council Minutes August 1, 2000 Page 3 9 The Council received a report from Richard Gore regardmg proposed changes to Stroud Street due to Pecan Creek Drainage ProJect Mr Gore stated that he owned a business in the area that would be affected by the proposed expansion The closing of Stroud Street would adversely affect his busmess as delivery trucks coming to his music busmess would have a difficult time navlgatmg the one-way street system l0 The Council received a report from Ross Melton regarding Melton vs Denton - the answer that is not Mr Melton stated he was still hawng problems with Code Enforcement and was still recelvmg incorrect notices He was not recelwng answers to his questions and felt that the City was at fault for the dismissal of his lawsuits without proper justfficatlon NOISE EXCEPTION 11 The Council considered a request for an exception to the Noise Ordinance for the Third Annual Denton Blues Festival at the North Texas Fairgrounds on September 16, 2000 hosted by the Denton Black Chamber of Commerce from 10 00 p m until midnight Durrance motmned, Beasley seconded to approve the request for exception On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", and Mayor Brock "aye" Motion earned unanimously CONSENT AGENDA Beasley motioned, Burroughs seconded to approve the Consent Agenda and accompanymg ordlnancos On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously 12 Approved a tax refund to Dawd Cloutler The 1999 tax was prod twice, resulting in an overpayment 13 Approved a tax refund to Nextel of Texas, Inc The 1999 property tax account was deleted from the tax roll, resultmg in an overpayment 14 Approved a tax refund to James Wood Auto Park The 1999 tax was prod twice, resulting in an overpayment 15 Approved a tax refund to Ronald E Jones The 1999 taxable value was corrected per Supplement #13 from Denton Central Appraisal District, resulting in an overpayment 16 NO 2000-240 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT FOR LEASE/PURCHASING FINANCING OF EQUIPMENT BETWEEN THE CITY OF DENTON AND GOVERNMENT CAPITAL CORPORATION, City of Denton City Cotmml Minutes August 1,12000 Page 4 PROVIDING FOR AN INCREASE IN THE QUANTITY OF ITEMS, AND AN INCREASE IN THE EFFECTIVE RATE AND INCREASE IN THE TOTAL FINANCING CHARGES AMOUNT, AND PROVIDING AN EFFECTIVE DATE (BID 2489 - LEASE/PURCHASING FINANCING AWARDED TO GOVERNMENT CAPITAL CORPORATION AT THE EFFECTIVE RATE OF 499% AND ApPROXIMATE FINANCING CHARGES TOTAL $99,819 + CHANGE ORDER 1 AT THE EFFECTIVE RATE OF 5 975% AN INCREASE FINANCING CHARGE OF $28,698 32 FORA TOTAL OF $128,517 32) 17 NO 2000-241 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE PURCHASE OF SOUTH LAKES PARK/JOE SKILES PARK IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2536 - SOUTH LAKES PARK/JOE SKILES PARK IMPROVEMENT PROJECT AWARDED TO RELIABLE PAVING CO IN THE AMOUNT OF $602,150) 18 NO 2000-242 AN ORDINANCE ACCEPTING A RESPONSE TO A REQUEST FOR SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE EXPENDITURE OF FUNDS THEREFORE, AND TO PROVIDE AN EFFECTIVE DATE (RFSP 2483 - MASTERCARD/VISA MERCHANT AWARDED TO TEXAS BANK FOR AN ANNUAL ESTIMATED EXPENDITURE OF $22,334 16) 19 NO 2000-243 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A CRAWLER DOZER, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2519 - CRAWLER DOZER AWARDED TO DARR EQUIPMENT 1N THE AMOUNT OF $313,900) 20 NO 2000-244 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A 2500 KVA PAl)MOUNTED TRANSFORMER, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2533 - 2500 KVA PADMOUNTED TRANSFORMER AWARDED TO FRED OBERLANDER AND ASSOCIATES INC IN THE AMOUNT OF $20,008) 21 NO 2000-245 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND CAROLYN S MCKINZIE, RELATING TO THE PURCHASE OF APPROXIMATELY 0267 ACRE OF LAND AND AN APPROXIMATE 0 332 ACRE DRAINAGE EASEMENT, BOTH BEING LOCATED City of Denton City Council Minutes August 1, 2000 Page 5 IN THE THOMAS TOBY SURVEY, ABSTRACT NO 1288 OF DENTON COUNTY, TEXAS FOR THE U S HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE STATE OF TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE ITEMS FOR INDIVIDUAL CONSIDERATION 22 The Council considered adoptton of an ordinance of the City of Denton, Texas, partially abandomng a pomon of Jim Christal Road being located between the west right-of-way line of Interstate 35 and the east line of the G C & S F Railroad and being directly across Interstate 35 from Scripture Road and being an approximate 40 acre tract of land located in the B B B & C R R Company Survey, Abstract Number 192, City of Denton, Denton County, Texas, and declanng an effective date The following ordinance was considered NO 2000-246 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PARTIALLY ABANDONING A PORTION OF JIM CHRISTAL ROAD BEING LOCATED BETWEEN THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 35 AND THE EAST LINE OF THE G C & S F RAILROAD AND BEING DIRECTLY ACROSS iNTERSTATE 35 FROM SCRIPTURE ROAD AND BEING AN APPROXIMATE 40 ACRE TRACT OF LAND LOCATED IN THE B B B & C R R COMPANY SURVEY, ABSTRACT NUMBER 192, CITY OF DENTON, DENTON COUNTY, TEXAS, AND DECLARING AN EFFECTIVE DATE Beasley motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", and Mayor Brock "aye" Motion camed unanimously 23 The Council considered adoption of an ordinance supercedlng and repealing Ordinance No 99-252 to increase the size of McNalr Elementary School Zone, designating and establishing school safety speed zones, reducing the maximum prima facle speed hmlt for stud school safety speed zones to speeds found to be reasonable and safe by the Engmeenng and Transportation Department investigations for the designated hours, providing for school bus loading zones at certmn schools, providing a penalty of a fine not to exceed two hundred dollars ($200 00), providing a severabfllty clause, providing for publication, and declanng an effective date (Traffic Safety Commission recommended approval on March 6, 2000 ) The following ordinance was considered NO 2000-247 AN ORDINANCE SUPERCEDING AND REPEALING ORDINANCE NO 99-252 TO INCREASE THE SIZE OF MCNAIR ELEMENTARY SCHOOL ZONE, DESIGNATING AND ESTABLISHING SCHOOL SAFETY SPEED ZONES, REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SAID SCHOOL SAFETY SPEED ZONES TO SPEEDS FOUND TO BE REASONABLE AND SAFE C~ty of Denton C~ty Council M~nutes August 1, 2000 Page 6 BY THE ENGINEERING AND TRANSPORTATION DEPARTMENT INVESTIGATIONS FOR THE DESIGNATED HOURS, PROVIDING FOR SCHOOL BUS LOADING ZONES AT CERTAIN SCHOOLS, PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200 00), PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR PUBLICATION, AND DECLARING AN EFFECTIVE DATE Burroughs motioned, Young seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Young "aye", and Mayor Brock "aye" Motion earned unflmmously 24 The Council considered adopt~un of an ordmance approving a notice of restriction for a 14 897-acre mitigation area on South Lakes Park reqmred by the United States Army Corps of Engineers, authorizing its execution by the City Manager of his designee, and providing an effective date The followmg ordinance was considered NO 2000-248 AN ORDINANCE APPROVING A NOTICE OF RESTRICTION FOR A 14 897-ACRE MITIGATION AREA ON SOUTH LAKES PARK REQUIRED BY THE UNITED STATES ARMY CORPS OF ENGINEERS, AUTHORIZING ITS EXECUTION BY THE CITY MANAGER OF HIS DESIGNEE, AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Young "aye", and Mayor Brock "aye" Motion earned unammol,kqly 25 The Council considered adoption of an ordmance of the C~ty of Denton, Texas authorizing the City Manager to execute an agreement for professional legal and lobbying services with the law offices of Jim Boyle for serwces pertaining to legal and legislative matters relating to the CitY of Denton, Denton Municipal Electric for the ~ntenm period prior to the tg opening of the 77 Texas Legislature, authorizing the expenditure of funds therefore, prowdIng for retroactive effect of the agreement, and provldmg an effective date The followmg ordmance was considered NO 2000-249 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL AND LOBBYING SERVICES WITH THE LAW OFFICES OF JIM BOYLE FOR SERVICES PERTAINING TO LEGAL AND LEGISLATIVE MATTERS RELATING TO THE CITY OF DENTON, DENTON MUNICIPAL ELECTRIC FOR THE INTERIM PERIOD PRIOR TO THE OPENING OF THE 77TM TEXAS LEGISLATURE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, C~ty of D~nton City Council Minutes August 1, 2000 Page 7 PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE Young motioned, Beasley seconded to adopt the or&nance On roll vote, Beasley "aye", Burroughs "aye", Durranee "aye", Young "aye", and Mayor Brock "aye" Motmn earned unammously 26 The Council considered approval of a resolution of the C~ty of Denton, Texas urging the Texas Legislature to support changes m state law to create a deposit system for glass and plastm bottles, and prow&ng an effective date The following resolution was considered NO R2000-040 A RESOLUTION OF THE CITY OF DENTON, TEXAS URGING THE TEXAS LEGISLATURE TO SUPPORT CHANGES 1N STATE LAW TO CREATE A DEPOSIT SYSTEM FOR GLASS A.ND PLASTIC BOTTLES, AND PROVIDING AN EFFECTIVE DATE Burroughs motioned, Young seconded to approve the resolution On roll vote, Beasley "aye", Burroughs "aye", Durranee "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously 27 The Councd considered nominations/appointments to the City's Boards and ComlnlSslons Council made nominations to the remalmng vacancies on Boards and Commissions as noted ~n Attachment A Beasley mottoned, Young seconded to suspend the rules and vote on the nomination made On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Young "aye", and Mayor Brock "aye" Motion camed unammously Burroughs motioned, Durrance seconded to approve the nomination of Mary Alice Moreno to the Community Development Advisory Commission and Steve Boedeker to the Historic Landmark Commission On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously 28 New Bus~ness There were no items of New Business suggested by Council Members for future agendas 29 Items from the City Manager Cay Manager Jez did not have any items for Council City of Donton City Council Mmutes August 1, 2000 Page 8 30 There was no contlnuat~on of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 31 There was no officml Action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetmgs Act With no further business, the meeUng was adjourned at 7 10 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS Attachment A , BOARDS/COMMISSION NOMINATIONS ~OARD Dmt Current Member Nomination Term Council 7 Terry Garland Terry Garland 1998-00 Brock A~oroved 6/27 4 Joe Roy Joe Roy 1998-00 Knstoferson Approved 6/27 5 Ronald Keaton Ronald Keaton 1998-00 Beasley Approved 6/27 Dmt Current Member Nonunataon Term Cotmcfl 5 Lisa Zottarelh Lisa Zottarelh 1998-00 Beasley Approved 6/27 6 Hamer Aronson Harriet Aronson 1998-00 Burroughs Approved 7/25 .... ..) OF ADJUSTMENT Dmt Current Member Nomination Term Council 5 Bob Manning Bob Manning 1998-00 Beasley Approved 6/27 2 Robyn Mullendore Robyn Mullendore 1998-00 Durrance Approved 6/27 Dmt Current Member Nomination Term Cotmcfl 5 Lma Hlnojosa Mary Alice Moreno 1998-00 Beasley Approved 8/1 6 Barbara Stlnnett Barbara Stmnett 1998-00 Burroughs Approved 6/27 7 Jean Ellen Rogers Jorge Urbina 1998-00 Brock Approved 7/25 3 Sondra Ferstl Sondra Ferstl 1998-00 Cochran Approved 6/27 5 Ann Hatch Edward Touralne 1998-00 Beasley Approved 7/25 1 ~.. ,~, rRUCTION ADVIS£_[Y & APPEALS BOARD Dlst Speciality Current Member Nomination Term Cotmcfl 2 Associated wtth Henry Rife Henry R~fe 1999-00 Durrance construction, Approved 6/27 development or real estate 4 Arctutect or Alan Nelson Alan Nelson 1999-00 Krlstoferson Engineer Approved 6/27 DENT~ ~N HOUSING AUTHORITY Seat Current Member Nomination Term 7 Ray Bejarano Ray Bej arano 1998-00 Brock Approved 6/27 7 Bob Crouch Bill Glese 1998-00 Brock Approved 7/25 ..... ~]R, IC LANDMARK CO1V_MISSION Dlst Current Member Nommatmn Term Cotmcfl 3 Mark Sandel Mark Sandel 1998-00 Cochran Auuroved 6/27 7 Peggy Norton Peggy Norton 1998-00 Brock Approved 6/27 2 Jim garkpatnck Rod Reeves 1998-00 Dun'mace Auuroved 7/25 Dlst Current Member Nom~naUon Term Cotmcfl 6 Ten Rheault Ten Rheault 1998-00 Burroughs An~roved 7/25 7 Carol Brantley Carol Brantley 1998-00 Brock Apnroved 7/25 4 Wallace Duvall Wallace Duvall 1998-00 Knstoferson Approved 6/27 2 Dlst Current Member Nomination Term Cotlllcll 7 Teresa Starrett Teresa Starrett 1998-00 Brock Anoroved 6/27 3 Eva Cadwallader Eva Cadwallader 1998-00 Cochran Approved 6~7 .... .3 AND RECREATION £OARD D~st Current Member Nomination Term Council 3 Dale Yeatts Dale Yeatts 1998-00 Cochran Approved 6/27 2 Brandon Barnes Brandon Barnes 1998-00 Durrance Approved 7/25 4 Brenda Phllhps Brenda Plulhps 1998-00 Knstoferson Approved 6/27 ...... ~ING AND ZONING CC RIMISSION Dlst Current Member Nomination Term Cotmefl 3 Salty Pdshel Salty Rlshel 1998-00 Cochran Approved 7/25 5 Jim Engelbrecht V~ck~ Holt 1998-00 Beasley Approved 7/25 6 Perry McNefll Perry McNefll 1998-00 Burroughs Approved 7/25 Nomination Term Council _~ ..... BOARD OF DIRECTORS , Seat Current Mernber Nomination Term 0 George Hoplans George Hopkins 1998-00 ALL Approved 6/27 Dlst Current Member Nomination Term Cotm¢fl 6 Greg Sawko Greg Sawko 1998-00 Burroughs Approved 6/27 1 Fred Hill Fred Hill 1998-00 Young Approved 7/25 2 Barry Walters Barry Walters 1998-00 Durrance Approved 6/27 3 Sllvla Lesko Sflwa Lesko 1998-00 Cochran Approved 6/27 4 CITY OF DENTON CITY COUNCIL MINUTES AUGUST 4, 2000 After determining that a quorum was present and convening ~n an Open MeeUng, the City Council convened m a Closed Meetmg on Friday, August 4, 2000 at 9 00 a m ~n the C~ty of Denton Council Work Session Room PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, and Durrance ABSENT Council Members Cochran, Knstoferson and Young 1 Closed Meeting A Dehberat~ons Regarding Certmn Pubhc Power Utlhtles Competitive Matters Under TEX GOV'T CODE Section 551 086 ** (1) Received a presentanon and ~nformanon from Staff pertalmng to the Denton Mumc~pal Electnc ("DME") proposed annual budget for the fiscal year 2000-2001 and the updated capxtal improvement plan as ~t relates to DME, eonsistmg of competitxve electric and commercial lnformatxon respectmg the details of the present and future operational and financml plans and strategies of DME, and dxscuss, dehberate, consider, and prowded Staff wxth &rect~on regarding such matters Following the completion of the Closed Meeting, the Council convened into a Special Called Meeting PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, and Durrance ABSENT: Council Members Cochran, Knstoferson and Young 1 The Council received a report, held a d~scusslon and gave staff &rect~on regardmg the 2000-2001 operating budget and the 2001-2005 Capxtal Improvement Program Kathy DuBose, Assistant C~ty Manager for Fxscal and Municipal Servxces, presented the proposed Ibudget for the fiscal year 2000-2001 She reviewed the Capxtal Improvement Bond elect~on and the Capxtal Improvement Program The following were the major components of the proposed budget · General Fund -maintain at 13% of total expenditures · Sales Tax -project at 7% growth · Eng~r~eenng fees Pubhc works inspection fee based on 3 5% of total cost of pubhc improvement Traffic xmpact analys~s review fee City of D~ton City Council Minutes August 4, 2000 Page 2 · Compensation Market based increases Addresses lower end of pay scale Mlmmum pay for regular full-time employees to $10 an hour Non-Civil Service would have a 5% range shift as of January 2001 (not COLA) Civil Service - differential pay ranges as noted m the budget document Temporary/Seasonal would receive a 5% increase as of January, 2001 · Pubhc Safety Six new police officers through a federal grant Matctung grant funds for bullet-proof vests Continuation of selective traffic enforcement program Speed display sign Video cameras for police vehicles Replacement of 14 police vehicles · Code Enforcement Transfer to Police Department Vacant Code Enforcement Manager converted to two Code Enforcement Officers One Code Enforcement position to focus on solid waste/bulky item enforcement · Public Safety- Fire Hire four fire fighters at Station 5 Emergency Management Preparedness Emergency Operations Center maintenance and suppbes Explosive Investigation Replace five vehicles EMS billing assistant Paramedic training Five automatic defibrillators for city famht~es Central Fire Station renovation/removal · Other Pubhc Safety Two vehicles for Ammal Control Public Safety system upgrade · Streets, Traffic and Engmeenng Crack seal crew to mmntmn streets Reconstruction of major streets Curb and gutter replacements One Raght-of-Way engmeenng teehmelan Two engmeenng construction ~nspectors Addnlonal bamcades Equipment replacement C~ty of Denton City Council Minutes August 4, ¢000 Page 3 · Planmng and Development Economic Development changed to Commumty Development Add a planmng techmcian Small area planner added · Human Services Contributions Budget at comnuttee recommendation · Parks and Recreation Add seven park mmntenance posmons and equipment and supplies to maintain recently expanded faclhtles Playground safety surfamng and turf chemicals Replace equipment Ronovat~ons to the C~vlc Center · Airport Air Traffic Control Tower Land purchase for runway extension Airport Master Plan Entrance S~gn upgrade Replace eqmpment · Legal Continuing education Legislative expenses · Munm~pal Court Re~lace security system · C~ty Manager's Office Council hmson Leglalatlve travel · Pubhc InformaUon Office C0nsohdat~on of general government and uUhty PI functions R~duce duphcatmn of efforts Improved commumcaUons Oversight of Cable franchise · Facllmes Management Two facility mtuntenance posmons Two vehicle replacements Facility ~mprovemants at various c~ty famhtles · Vehmle/Equlpment Funding to replace 36 umts and add 15 units City of D~nton Clty Council Minutes August 4, 2000 Page 4 · Public Transportation Sale of advertising space Administrative Intern · Pubhe Library Construct north branch hbrary Add two library clerks Electromc reference resources Audto/vlsual materials · R~sk Management Rask prevention trmmng/safety programs Clmms specmlast and assistant · Human Resources Criminal background checks Two human resource analysts · Finance Cash Management program - Treasury techmclan Human Resource/Payroll system - payroll techmman · Recreation Fund Replace fitness and recreation equipment · Technology Services GIS system - minor improvements, long-range tech plan, data base transferred to TS Upgrade public safety systems High speed copmr Utlhty van · Materials Management Multi-year utility and general construction projects - add constmcUon manager · Building Inspections Increased building activity Three building inspectors and eqmpment Secretary and assistant · Water No base rate change Shght increase m wholesale raw and treated water rates Safety and training dlwslon Debt requirements Net increase of 5 FTE's C~ty of Denton C~ty Council M~nutes August 4, 2000 Page 5 · Wastewater No increase m base rate Debt reqmrements Net increase of 8 1 FTE's · Sohd Waste Add two new remdent~al routes Add one new commercml dumpster route Rates for res~dentml ~ncrease from $13 00 to $18 85 Commercial average of 3% increase Increases m dumpster rates Net increase of 19 25 FTE's · Hotel Occupancy Tax Funding $915,000 proposed for appropriation $158,760 reserves C~ty Councd Sub-Committee recommendation 2 There was no official action taken on Closed Meeting Item(s) under Sections 551 071- 551 086 of the Texas Open Meetings Act W~th no further business, the meeting was adjourned at 1 00 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS Agenda No ~ ,, Agenda Item . AGENDA INFORMATION SHEET Date AGENDA DATE: August 15, 2000 DEPARTMENT' City Manager's Office CM: Michael W Sez, City Managef~,~ SUBJECT Consider a request for an Exception to the No]se Ordinance for a Back to School block party at Texas Woman's University behind Regan Houston Residence Hall on September 7, 2000, hosted by the Chapter of Delta Sigma Theta Sorority, Inc, at Texas Woman's Un]vemty from 10 00 p Tn until Midnight BACKGROUND The Chapter of Delta Sigma Theta Sorority, Inc, at Texas Woman's University ]s hosting a "Back to School" block party on the TWU campus During the event, there will be a disc jockey providing music The event is on September 7, 2000, from 7 00 p m to Midnight As you know, the noise ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance, particularly after 10 00 p m Monday through Saturday and anytime on Sunday (Attachment 3) The ordinance does, however, provide that the City Council may make exceptions when the public interest is served The organizers have been informed that should Council approve this request, responsible use of amplified sound is still required by Sect]on 20-1 of the City of Denton Code of Ordinances In particular, Sectton 20- l(a) states It shall be unlawful for any person to make or cause any unreasonably loud, disturbing, unnecessary noise which causes or may cause material distress, discomfort or injury to persons of or&nary sensibilities in the immediate wcnnty thereof The TWU Chapter of Delta Sigma Theta Sorority, Inc Back to School Party Noise Exception September 7, 2000 Page 2 PRIOR ACTION/REVIEW (Council, Boards, Commissions) On August 17, 1999, the City Council approved an cxceptwn to the noise ordinance for September 2, 1999 for an Outdoor Pool Party hosted by TWU's Chapter of Delta Sigma Theta, FISCAL INFORMATION None Respectfully Submitted Director, Management and Public Information Prepared by tchell Management Assistant Attachments I Request from Chaslty Blacknell, Event Coordinator 2 Map of the area 3 Noise Ordinance 2 Delta Sigma Theta Sorority, Inc. ~1 Public Service Organtzatton P 0 Box 425007 Eta Delta Chapter Denton, Texas 76204 Texas Woman's University August 4, 2000 ~.~ To the C~ty of Denton Delta Sigma Theta Soronty, Inc ~s an organization based on community service, scholarship, and s~sterhood The Eta Delta Chapter at Texas Woman's University is sponsonng a Back to School block party on Thursday, September 7, 2000 The event,~ll be held from 7 00 p m to 12 m~dn~ght Th~s event will be held ~n the back of Regan Houston, a dorm on campus, and wtll be open to the public Admission to the event ~s free Due to the fact that a d~sc jockey w~ll be present, and music will be played after 10 p m we are asking for a no~se ordinance waiver from the hours of 10 to 12 Thank you for your time and conslderabon for granting this request If there are any additional quesbon please feel free to contact Chastity Blacknell, event coordinator, at (940) 243-4037 If I cannot be reached call our Chapter President, Myra Rhodes, at (940) 898-4898 S~ncarely, Event Coordinator ~ ~ Chapter 20 NUISANCES* Art. I. In General, §§ 20-1--20-30 Art. II. Abandoned Property, §§ 20.31--20-70 Div 1 Generally, §§ 20-31--20-40 Dtv 2 Motor Vehicles, §§ 20.41--20-70 Art. III. Grass and Weeds, §§ 20.71--20-73 ARTICLE I. IN GENERAL See. 20-1. Noise. (a) It shall be unlawful for any person to make or cause any unreasonably loud, disturbing, unnecessary noise which causes or may cause material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof (b) It shall be unlawful for any person to make or cause any noise of such character, intensity and continued duration as to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities (c) The following acts, among otb'ors, are declared t~ be noise nuisances In violation of this Code, but such enumeration 8hall not be deemed to be exclusive (1) The playing of any phonograph, television, radio or any musical instrument in such manner or with such volume, particularly between the hours of 10 00 p m and 7 00 a m, a8 to annoy or disturb the quiet, comfort or repose of persons of ordinary sensibilities in any dwelling, hotel or other type or residence, (2) The use of any stationary loudspeaker, amplifier or musical instrument In such manner or with ouch volume as to annoy or disturb persons of ordinary sensibilities in the immediate vicinity thereof, particularly between the hours of 10 00 p m and 7 00 a m, or the operation of such loudspeaker, amplifier or musical instrument at any time on Sunday, provided, however, that the city council may make exceptions upon application when the public interest will be served thereby, (3) The blowing of anysteam whistle attached t° any stati°nary b°iler °r the bI°wing °f any other loud or far-reaching steam whistle within the city limits, except to give notice of the time to begin or stop work or as a warning of danger, (4) The erection, excavation, demolition, alteration, or repair work on any building at anytime other than between the hours of 6 00 a m and 8 30 p m Monday through Friday from June I to September 30; between 7 00 a m and 8 30 p m. Monday through Friday from October 1 to May 31; between 8 00 a m and 8 30 p m on *Cross references-Protected migrator~ bird roosts declared nuisance, § 6 87, Inspec- tion and abatement warrants, § 19-86 et 8eq, insect and rodent control in mobile home and recreational vehicle parks, § 32-91 1389 Supp No 6 DgNTON §20 I SnLurdey; and beLweetL 100 p m omi O 30 p m m~ Sumlny; provhled, however thaL the city comtcJl may ineuo .lmclal permits for OtICJt work al [~ther bourn ia case of urgmiL ,[ecenait7 nlld hi Lite btLt. r~mt u[ public safety (fi) Tho eronLIolt Of any loud nmi exceselve Hoieo h, cmmecLiun with tho Iondlnl: or ualendl )g of nll~ vehicle or Lira upoidag or destruction cui~Ltiliiors; (6) Tho title or filly druIiI, lulldepoalter or other htetrumelit or device far Lira purpose of theol, attrnetmg attelRiuts by tim crelitton of ,mieoe Lo Imy perforliialice, ahew, illetloll i)icturo house, sale orjllorchpndloo or dial)lay which causes crowda block er congregate upmt Iho sidewalks or streets ((~edp lqGO, ~q 14 20, 14 21, Ord No 0b-Ill,I, 9 I, Aoenda Item AGENDA INFORMATION SHEET 0ate AGENDA DATE. August 1 ~, 2000 Questions conceding acqmsmon may b~ d~re~t~d DEPARTMENT. Materials M~ag~m~nt to Ray W~lls 349-7108 ACM. Kathy DuBose, F~scal ~d Mumc~pal S~c~s ~ SUBJECT' Ordm~c~ authorizing the ex~cut~on of a ch~e order on~ to th~ pubhc works contra~t prowd~ng upgrades to the 69KV L~ne from Spencer to Locust, No~ L~s Substation ~d US77/Rm~y Road Inte~ct~on be~een th~ C~ty og D~nton ~d Gr~at Southw~ste~ Const~ct~on, Inc, providing gor ~ ~ncr~as~ ~n th~ scop~ of work, materials, labor ~d ~ncreas~ m ~e pa~nt ~ount, ~d prowd~ng ~ ~ff~ct~ve dat~ (Purch~e Order 00983 to Great Southw~ste~ Const~ct~on, Inc ~n the ~o~t of $1,393,814 62 plus ch~g~ order on~ ~n the ~o~t of $47,288 ~3) CHANGE O~ER INFO~ATION: Th~s ch~ge order ~s ~ cumulat~w total for 1~ authorized fieldwork order ch~ges They consist the following actlvxtms 1 Set new pole at Spencer Substation $ 3,383 70 2 Bond Neutral $ 3,508 16 Deleted 3 Bond Fiber $ 8,288 80 4 Install new conductor at Pole ~70 $ 4,857 50 5 Inst~l M&t~onal fo~datxon at s~cture 830 $10,017 75 6 Reconfigure d~smbutlon at US77 Crossing $ 7,859 30 7 Dnll holes ~n steel poles $ 478 74 8 Re-~e, to reposlt~on phases s~ 61 $ 2,008 02 9 Re-~ame s~cture ~61 $ 987 45 Deleted 10 Made sleeves at North L~es to energize $ 658 30 11 Credit for fiberglass dead end ~s ($1,380 00) 12 Credit to delete ~out~ng on poles ($ 821 40) 13 Cre~t for not pulhng wood poles at US77 ($ 319 16) 14 Reconfigure neutral at s~ 69 $ 553 72 15 Furnish ~d ~nstall ~pact co~ectom $11,703 36 Total $47,288 63 The construction has been completed ~d accepted Approval ofth~s change order will close the project m the total ~ount of $1,441,103 25 ~COMMENDATION. We recommend thts ch~ge order be approved xn the ~ount of $47,288 63 Agenda Information Sheet August 15, 2000 Page 2 PRINICPAL PLACE OF BUSINESS. Great Southwestern Construction Inc Castle Rock, CO ESTIMATED SCHEDULE OF PROJECT' Th~s section of the 69KV L~ne Upgrade has been completed FISCAL INFORMATION' Change Order one will be funded from Elecmc Revenue Bond Account (653-080-RB98-3650- 9219) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Pumhase Order 00983 to Great Southwestern Construction Inc Attachment 2 Cost hst~ng from Gmat Southwestern Construction Inc 1421 AGEND \ ATTACHMENT 1 901-B TEXAS STREET CITY OF DENTON, TEXAS PURCHASE ORDER DENTON, TX 7620t PO N~MBER DATE/VENDOR NO DOCUMENT ~PE 00983 02-09-00 S21 GEE54000 VENDOR SHIP TO GREAT SOUTHWESTERN CONST ELECTRIC DISTRIBUTION S21 1100 TOPEKA WAY PO BOX 849 1701C SPENCER RD CASTLE ROCK CO 80104 DENTOI~j~~205 *** NOTE THIS PURCHASE ORDER SUPERSEDES P 0 # 00983 *** ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO LINE AMOUNT 01 653 080 R898 3650 9219 0 O0 1,393,814 62 TRANSMISSION FACILITIES SPECNER TO LOCUST TRANSMISSION LINE REBUILD CROSSING OF US77 AT RINEY ROAD NORTH LAKES SUBSTATION POLE REPLACEMENT 02 653 080 RB98 3650 9219 0.00 CHANGE ORDER # 1 47,288 63 TOTAL FOR P 0 1,441,103 The C~ty of Denton, Texas ~s tax exempt-House B~II No 20 Reference PO Number on all B/L Shipments qvo~ces Shipments are FOB C~ty of Denton. or as tnd~cak,.d By Purchasmg O~v~ston RR Number Items Recawed Oate Voucher Number Amount ATTACHMENT 2 GREAT SOUTHWESTERN CONSTRUCTION, INC. July 12 2000 CITY OF DENTON, TEXAS 901.A Texas Street Denton TX 76201 ATTN Mr Chuck Sears RE FIELD EXTRA WORK ORDERB Purchase Order Number 00983 Spencer to Locust 69kY Upgrade North lakes Substation 60kV Upgrade US77 and Rmey Road Intersectmn 69kY Upgra(:ls GSWC Contract No 9933-1 Dear Mr Sears, Enclosed are the lollo~mng Field Extra Work Orders numbered 1 through 15 FEWO # ~OUNT 1 $3,383 70 2 Deleted 3 $8,288 80 4 $4,857 50 5 $10,01775 6 $7,859 3 7 $478 74 8 $2,008 02 g 10 $858 30 11 -$1,380 OD t2 $821 40 13 -$319 16 14 $853 72 15 $11 703 36 TOTAL $47,288.6~ Please review and call me should you have any quest:one or comments V~q~/~u~ yours J Mace Peveler Project Developer 1 100 Topeka Way, P O Box 849 Castle Rock, Colorado 80104 (303) 688-5816 http//www greatsouthwestern corn Fax (303) 688-44 16 ORDINANCE NO AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER ONE TO THE PUBLIC WORKS CONTRACT PROVIDING UPGRADES TO THE 69KV LINE FROM SPENCER TO LOCUST, NORTH LAKES SUBSTATION AND US77/RINEY ROAD INTERSECTION BETWEEN THE CITY OF DENTON AND GREAT SOUTHWESTERN CONSTRUCTION, INC, PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK, MATERIALS, LABOR AND AN INCREASE IN THE PAYMENT AMOUNT, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 00983 TO GREAT SOUTHWESTERN CONSTRUCTION, INC IN THE AMOUNT OF $1,393,81462 PLUS CHANGE ORDER ONE IN THE AMOUNT OF $47,288 63) WHEREAS, on November 16, 1999 (Ordinance 99-416), the Ctty awarded a pubh¢ works contract to Gmat Southwestern Constructton Inc, in the amount of $1,393,814 62, and WHEREAS, the Ctty Manager havtng recommended to the Councd that a change order be authorized to amend such contract agreement wtth respects to the scope of work, materials, labor and an increase tn the payment amount, and smd change order betng tn comphance wtth the reqmmments of Chapter 252 of the Local Government Code, Now, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the change order tncreaslng the amount of the agreement between the Ctty and Great Southwestern Construction, Inc on file ~n the office of the Purchasmg Agent, in the amount of Forty Seven Thousand Two Hundred Etghty E~ght and 63/100 Dollars ($47,288 63), ts hereby approved and the expendtture of funds therefor ts hereby authorized The master contract amount ~s amended to mad $1,441,103 25 SECTION II That this ordinance shall become effecttve tmmed~ately upon tts passage and approval PASSED AND APPROVED this the day of 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By CHANGE ORDER to PURCHASE ORDER 00983 ORDINANCE-2000 EXHIBIT "A" Bid 2546 Control Houses and Switchgear Item 1 Configuration I $288,935 Each Powell Industries 2 Configuration II $319,177 Each Powell Industries 3 Configuration III $460,450 Each Powell Industries 4 Revenue Meter $ 2,510 Each Powell Industries ~oenda Item~ AGENDA INFORMATION SHEET AGENDA DATE. August 15, 2000 Questions concerning th~s acqmmt~on may be d~rectad DEPARTMENT' Materials Management to Ray Wells 349-7108 ACM' Kathy DuBose, Fiscal and Mumc~pal Servmes ~ SUBJECT. An Ordinance accepting competitive b~ds and awarding a pubhc works contract for the constructton of a 138KV Transmission facilities upgrade, prowd~ng for the expenditure of funds therefore, and providing an effective date (B~d 2522 - Denton North to North Lakes 138KV Transm]ssaon Line Upgrade awarded to Red S~mpson, Inc ~n the amount of $543,297 96) BID INFORMATION' Th~s b~d ~s for the upgrade of the ex~stmg 69KV Transmission L~ne to a 138KV Transmission L~ne from the Denton North Substation at Locust and Hemules, to the North Lakes Substation at Bonme Brae and Pdney Road The length ~s approximately 1 5 miles and the project consmts of ~nstallat~on of 24 C~ty of Denton supphed poles, 32 pole top cross arm assemblies, overhead conductor, 31 foundation assembhes, 45 m~scellaneous smaller assembhes and removal of the old hne See Exhibit II for proposal summary Thru project is a continuation of the multi phase plan to upgrade the entire 69KV Transmission L~ne and associated substation structures to 138KV rating Capacity will increase from 77 megawatts to 129 megawatts and meet ERCOT system reqmrements RECOMMENDATION We recommend thts bid be awarded to the lowest responsible bidder, Red Simpson, Inc ~n the amount of $543,297 96 PRINCIPAL PLACE OF BUSINESS' Red Simpson, Inc Alexandria, LA ESTIMATED SCHEDULE OF PROJECT The project ~s scheduled to commence on or about October 22,2000 and to be substantially complete by February 28, 2001 Agenda Information Sheet August 15, 2000 Page 2 FISCAL INFORMATION. Funding for th~s project 1s available from Electric Revenue Bond account (654-080-RB00-3350- 9314 # C061204B) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet Attachment 2 Proposal Summary from Red Simpson, Inc 1421 Agenda ATTACHMENT 1 TABULATION SHEET B~d # 2522 Date 7/13/00 DENTON NORTH TO NORTH LAKES 138K TRANSMISSION LINE UPGRADE No I Qt¥ I. DESCRIPTION VENDOR VENDOR ~ ~I, , Red S~mpson, ,' ~ Inc Gdl Electnc Principle Place of Business Alexandria, LA Hennetta, TX TOTAL BID PRICE $543,297 96 $632,222 16 ATTACHMENT 2 CITY OF DENTON BID PROPOSAL FOR DENTON NORTH TO NORTH LAKES 138kV UPORADE BID NUMBER 2522 PROPOSAL SUMMARY EX'i'I~NDED DESCRIPTION INSTALLATION POLE ,ASSEMBLY UNITS 87,172 50 POLE TOP ASSEMBLY UNITS 18,810 00 CONDUCTOR ASSEMBLY UNITS 111,384 00 (ALTERNATE) CONDUCTOR ASSEMBLY UNITS 36,150 00 FOUNDATION ASSEMBLY UNITS 151,675 5~ MISCELLANEOUS ASSEMBLY UNITS 13,950 0(] REMOVAL ASSEMBLY UNITS 124,155 94 TOTAL TRANSMISSION LINE CONSTRUCTION $543,297 9( ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A 138KV TRANSMISSION FACILITIES UPGRADE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2522 - DENTON NORTH TO NORTH LAKES 138KV TRANSMISSION LINE UPGRADE AWARDED TO RED SIMPSON, INC IN THE AMOUNT OF $543,297 96) WHEREAS, the City has sohelted, recmved and tabulated competitive bads for the constructmn ofpubhc works or improvements in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described b~ds are the lowest responsible bads for the construction o£the pubhc works or Improvements described an the b~d mwtat~on, b~d proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the £ollowmg competitive bids for the construction of public works or improvements, as described m the "B~d Invitations", "Bld Proposals'~ or plans and specifications on file an the Office of the C~ty's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2522 Red S~mpson, Inc $543,297 96 S~CTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the b~d for construction of such public works or Improvements hereto accepted and approved, until such person shall comply w~th all requirements specified in the Notice to Bidders including the t~mely execution ora wnlten contract and furnishing of performance and payment bonds, and ~nsurance certificate after notlfical~on of the award of the b~d SECTION III That the C~ty Manager ~s hereby authorized to execute all necessary written contracts for the performance of the construction of the pubhc works or ~mprovements in accordance w~th the bids accepted and approved here~n, provided that such contracts are made an accordance with the Notice to B~dders and B~d Proposals, and documents relating there,,, ~ecffymg the terms, conditions, plans and specifications, standards, quantities and specified ~ )ntained thereto SECTION IV That upon acceptance and approval of the above competitive b~ds and the executmn of contracts for the public works and improvements as authorized hereto, the C~ty Council hereby authorizes the expenditure of funds ~n the manner and m the amount as spemfied m such approved bids and authonzed contracts executed pursuant thereto SECTION V That ttus orthnance shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED thts the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2522 - CONTRACTUAL ORDINANCE AGENDA INFORMATION SHEET Agenda no tg~9- Agenda item '~ AGENDA DATE' August 15, 2000 Questlo~~ acqutslt~on may be directed DEPARTMENT: Purchasing to Sharon Mays 349-8487 ACM' Kathy DuBose, Fiscal and Municipal Services ~ SUBJECT' An Ordinance of the C~ty of Denton, Texas authorizing the expenditure of funds for the payments by the C~ty of Denton for Electrical Energy Transm~ssion fees to those listed citrus and utdlt~es providing energy transmiss~on services to the C~ty of Denton, and prowdmg an effectwe date (Purchase Orders 07087 to Lower Colorado Rtver Authority, 07088 to Central & Southwest Services, Inc, 07089 to Texas-New Mexico Power Coop, 07090 to Texas Mumclpal Power Association, 07091 to Brazos Electric Power Coop, 07092 to Austin Energy, m the total amount of$411,142 50) BID INFORMATION The s:x purchase orders reflect the estxmated cost of transmission of electrical energy from the generation source to the Denton Municipal Electrm Dlstnbutmn System for the year 2000 The purchase orders are for payment of a fee imposed by the Public Utility Commxssion of Texas (PUCT) for planned transmission services of energy delivered to the City of Denton The Public Utthty Regulatory Act of 1995 (PUPA 95) reqmred the development of a new, statewlde mechanism for electric transmission serv:ce in Texas PUPA 95 also placed municipal uttht~es under the jtmsdlctlon of PUCT for matters related to transm~ssion As a result, the Denton Municipal Electric Utility has been ordered by the PUCT to pay various other electric utilities in the State specific amounts The subject purchase orders provide the City of Denton the authority required by the City Charter to make those payments These purchase orders will encumber funds estxmated as costs for services through September 30, 2000 No funds wall actually be spent until ~nvomes are received, reviewed, and approved RECOMMENDATION: We recommend approval of Purchase Order 07087 to Lower Colorado River Authority ~n the amount of $99,927 00, Purchase Order 07088 to Central Southwest Services, Inc ~n the amount of $132,624 00, Purchase Order 07089 to Texas-New Mexico Power Coop ~n the amount of $30,189 00, Purchase Order 07090 to Texas Mumc~pal Power Association in the amount of $39,628 50, Purchase Order 07091 to Brazos Electnc Power Coop ~n the amount $58,422 75, and Pumhase Order to Austin Energy in the amount of $50,351 25 for a total amount of$411,142 50 Agenda Information Sheet August 15, 2000 Page 2 PRINCIPAL PLACE OF BUSINESS: Lower Colorado Privet Authority Central & Southwest Servmes, Inc Austm, TX Tulsa, OK Texas-New Mexmo Power Coop Texas Mummpal Power Assoc Ft Worth, TX Bryan, TX Brazos Electric Power Coop Austin Energy Waco, TX Austin, TX FISCAL INFORMATION: Funds to meet these regulatory fee obhgat~ons were budgeted m a 1999-00-budget account (610-132-1032-5650-8587) The rate remains unchanged from 1997-98 figures Respectfully submttted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 PO 07087 - Lower Colorado R~ver Authority $ 99,927 00 PO 07088 - Central & Southwest Servmes, Inc $132,624 00 PO 07089 - Texas-New Mexico Power Coop $ 30,189 00 PO 07090 - Texas Mtm~c~pal Power Assoc $ 39,628 50 PO 07091 - Brazos Electric Power Coop $ 58,422 75 PO 07092 - Austin Energy $ 50,351 25 1416 AGENDA ~ ~ JJ Il. ~,~ ~ ° ~o ~0 ~ ~ m - ~ ~ ORDINANCE NO AN ORDiNANCE OF THE CITY OF DENTON, TEXAS AUTHORIZINGTHE EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON, AND PROVIDINGAN EFFECTIVE DATE (PURCHASE ORDERS 07087 TO LOWER COLORADO RIVER AUTHORITY, 07088 TO CENTRAL & SOUTHWEST SERVICES, INC, 07089 TO TEXAS-NEW MEXICO POWER COOP, 07090 TO TEXAS MUNICIPAL POWER ASSOCIATION, 07091 TO BRAZOS ELECTRIC POWER COOP, 07092 TO AUSTIN ENERGY, IN THE TOTAL AMOUNT OF $411,142,50) WHEREAS, in order to comply with the legislative requirements contained ~n the Public Utility Regulatory Act of 1995, for the payment for energy transmission services fees, the City of Denton is required to pay such fees imposed by the Public Utthtles Commission of Texas to SlX listed utilities set forth in Exhibit "A" and WHEREAS, the City Managerhas reviewed and recommendedthat the C~ty Cotmcd approve and authorize the payment of such fees, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA1NS SECTION I That the expenditure of funds in the amount of $411,142 50 to be paid to the Listed Utilities in the specified amount shown on Exhibit "A", which is attached to and made a part of this ordinance for all purposes is here authorized SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY FEE ORDINANCE PC 07087 07088 07089 07090 07091 07092 EXHIBIT "A" Purchase Order 07087- Lower Colorado River Authority $ 99,927.00 Purchase Order 07088 - Central & Southwest Services, $132,624.00 Inc. Purchase Order 07089 - Texas-New Mexico Power Coop. $ 30,189.00 Purchase Order 07090 - Texas Municipal Power Assn. $ 39,628.50 Purchase Order 07091 - Brazos Electric Power Coop. $ 58,422.75 Purchase Order 07092 - Austin Energy $ 50,351.25 TOTAL $411,142.50 FEE ORDINANCE PC 07087 07088 07089 07090 07091,07092 Agendaldo ' Agenda Item ..~fP- _ AGENDA INFORMATION SHEET Date ~ f/O~ AGENDA DATE August 15, 2000 Questions concermng this acqms]tmn may be directed DEPARTMENT Materials Management to Lmda Rathff 349-8303 ACM Kathy DuBose, Fiscal and Mumelpal Servmes ,~ SUBJECT An Ordinance approwng a Commereml Lease Contract between the City of Denton and Scott Brown Properties, Inc, landlord, manager and agent for Ash Properties relating to the Lease of Office Space at the Texas Building located at 100 W Oak St, Suites 101 and 107, Denton, TX 76201, authorizing the expenditure of funds therefore, and prowdmg an effective date BID INFORMATION This lease agreement is for space required to relocate the Economic Development office from C~ty Hall at 215 E McKmney to the Texas Bmld]ng at 100 W Oak Street The area being leased consists of states 101 and 107 made up of two offices, a reception area and a larger open space statable for a conference room This relocation will make room for activities more apphcable to C~ty Hall services and Is a part of a multiple step consohdatlon and relocatmn plan We are requesting Council approval for a 14 month time period from August 16, 2000 through October 31, 2001 We anticipate this lease will be renewed at that time for an additional one-year per]od RECOMMENDATION. We recommend thru Lease Agreement be approved in the amount of $24,650 plus a $1,700 refundable security deposit for a total of $26,350 PRINCIPAL PLACE OF BUSINESS. Ash Properties c/o Scott Brown Properties, Inc Denton, TX ESTIMATED SCHEDULE OF PROJECT Move ~n wtll begin within one or two days and should be complete by September 1, 2000 Agenda Information Sheet August 15, 2000 Page 2 FISCAL INFORMATION: Funding for tbas lease through September 30, 2000 wdl come from 1999-2000 budget account (100-041-020M-8923) Respectfully subrmtted Tom Shaw, C P M, 349-7100 Purchasing Agent 1414 Agenda ORDINANCE NO AN ORDINANCE APPROVING A COMMERCIAL LEASE CONTRACT BETWEEN THE CITY OF DENTON AND SCOTT BROWN PROPERTIES, INC, LANDLORD, MANAGER AND AGENT FOR ASH PROPERTIES RELATING TO THE LEASE OF OFFICE SPACE AT THE TEXAS BUILDING LOCATED AT 100 W OAK ST, SUITES 101 AND 107, DENTON; TEXAS 76201, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The City Manager is hereby authorized to execute a Commem,al Lease Contract between the City and Scott Brown Properties, Inc, landlord, manager and agent for Ash Properties, m substantmlly the form of the Commercial Lease Contract which is attached to and made a part ofthxs ordinance for all purposes, for the lease of office space at the Texas Bufldmg, located at 100 W Oak St, Suites 101 and 107, Denton, Texas 76201 SECTION 2 The Ctty Manager ~s authorized to make the expenditures as set forth in the attached Commermal Lease Contract SECTION 3 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED flus the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERTBy ~ / '--'-L PR~~~TTORNEY SCOTT BROWN PROPERTIES, INC. RESID~ AND COMMERCIAL LEASING 1400 Dallas Dr Suite B Denton, Texas 76205 E-Marl: SBP RENT.JUNO COM (94O) 243-RENT (940) 483-SFAX PRO-RATED RENT $ COMMERCIAL 1,EASE CONTRACT-TEXAS BUILDING Date Slsned 1 PARTIES Tlus lease ~s bc~veon The C~ty of Denton, beremafter referred to as' Tenant" for the property located at 100 W Oak St, State 101 & 107, Denton, Toy, as 76201, "The Texas Bmldm$", and Scoa Brown Properties, lnc, Landlord/Manager/Agent for Ash Properties at 1400 Dallas Dr, State B, Denton, Texas 76205 2 RENT Tenant vail pay $1,700 00 p~ month for rent. on or before tho 1st day of each month (the due date) if all rent ~s not paid by the 3,0 day of each month, tenant agrees to pay an unaal I~TE CHARGE of $25 00 plus a late fee of $3 00 per day thereafter, unttl paid m full On the 7a day of eaoh month, ffyou are sail dalmquent w~th real, you '~ll be ~ported to the major ored~t bureaus (TRW, Eqmfax) end wdl be Juahcially E'ncted Tenant agreea to pay a CHARGE (NSF FEE) of $40 00 (cash or money order) for EACH returned eheak, Plus L'utml and additional late charges All ~nt to be pa~d to Ash Pro, art/es, lnc % Scott Brown Properties ~ 1400 Dallas Dr, State B, Denton, Texas 76205 3 SECURITY DI~p_Q~.~ Tenant agrees that seaunty deposxt shall be the sum of $1,700 00 No interest vail be paid to Tenant on the seauntydeposit Uponmove-ont, av~sualmspe~ttonandwalkthronghofthepr°Pertyarerequa~edbySenttBrewnPr°pemes'Iuc CSBP") Damages w~ll be deducted from the depasfl amonm (Also sea Se~ 4, 6, 7 12, 15) Texas Property Code provides that Tenant may not withhold payment of any portion of tho last month's rent on grounds that the security deposit is security for any mapaid ~ent Bad faith violations sub]e~ Tenant te Ilabmty up to three fmaes the rent wrongfldly withheld and the Landlord's reasonable a~orney fees 4 APPLICATION~ Landlord vail apply all funds reee~ved f~nn Tenant first to any non-rent obhgat~ens of Tenant including late charges, return~:l eheak charges, unpaid seeunty deposit baleneea, charge-backs for repairs, brokerage fees and penodtc uttht~es, then to rent regardless of any notaUans on the cheak, money order or cash 5 LEASE TERM The uuaal term oftbe lease shall enrarnenee on tho 16t~ day of August, 2000 and end on the 31~ day of October, 2001 A new lease contract or extension must be s~gned by both parties 30 days before the end of the above lease term, unless termmaaon not~ee ~s [Oven by cnther party The total rent due for the term of the lease harem shall be $24,650 00 6 AUTOMATIC RENEWAL AND NOTICE OF T~RlVlINATION T[us lease w~ll automatically renew on a month-to-month basis unless e~ther parly prov~dea the other party written not~c~ of termination at least ~nrty (30) days before the terrmnat~on date VERBAL NOTICE IS NOT SUFFICIENT UNDER ANY CIRCUMSTANCES If th~s lease is automatically renewed on a month-to-month basis, a $50 00 monthly faa vall be added toyour rent E~ther party may temunate the ranewal of tlus lease by pro'admg wntten noUco to the other party and the renewal w~ll terminate on the lasts day of thc month m wluch the not~co is g~ven ff not~ee is green on the FIRST day of the month If the noaeo ~s g~ven on a day other than tho FIRST day of the month, the renewal will tennmate on the lasts day of the month followm$ the month m wbach the no~co was ~ven 7 MOVE-OUT NOTICE ~d EARLY MOVE-OUT At least 30 days WRITTEN not~ee of mteut to mow out must be g~ven to SBP (Wlnch must be [Oven on the 1st day of the month) You must also come m to the office and sign a 30 day release not~ee, al'tins form is not filled out, yous 30 day written not~ee yell be null and vo~d In NO event luay recants move-out not,ce terannate the lease sooner than the end ortho lease term ffyon do, yon vall be habio to SBP for a ro'lettm8 cha~ga (not to exceed 85% °f the lughest monthly rent during the Lease Cona'act) of $1,445 00, you automatically forfett yon~ full deposit to SBP and you will be responsible for paying the remainder of the rent each month un~ it has been re-rented You wtll be liable to adhere to these terms tfyon ~/'~ j Tenant SBP~~'' ~ A) Fad to g~ve a 30 day WRl'rl'~ move-out B) Move out vnthout SBP wnttsn approval and vathout paying rent m full for the EN'flKE Lease Term C) Move out at SBP demand because of your default. D) ffyou are luthoially gvsoted. 8 RULES md .,RI~GULATIONS Teaant shall oomply vath any and all written roles and regulahans, wluch shall be considered pail of tins lease enntraet SBPmaymakereasouablemleohangesmwntmgandthstnbutetoalltanants Tenantagreasthattheconductoftenant and guests shall not be d~sorderly, boisterous or unlawful Tenant shall bo liable to owner for damages caused by tanant or guests The property reserved for tenants pnvate use shall bo kept olean and samtary by teaant SBP may regulate the manner, tune, and phce of all parhng Tenant shall ha m oomphanoe vath any and allv~qmrements from City, State and/or Federal anthonues for such es pernuts, hcenses and such as may bo approlmat~ for the facility being leased and/or the Imsmess being operated on tho leased prannses and shall remain m full comphanca at all tunes 9 CONDITION OF THE PREMISES ON MOVING IN OR OUT Property is expected to be m same condmon at tune of move-out as ltwasattaneofmove-m, reasanablewear~saesepted SBPmakesNOunphedwarranhes Tenantvall, attharrownexponsa, replaceany and all hght bulbs and an' filters Unless otherwise noted, agreed to the property is leased "as is" Any and all mparrs, nnprovements, etc to be made at the expense of the Tenant. The property is to ha left m as good or better oan&llou upon move out 10 LIABILITY SBPwd~n~thahab~et~TanantorT~~ant~sguestsforanydamagesor~~sseatopers~norpr~pertycausedby~therpors~us~ mcludmg theft, burglary, assault, vandahsm, or other erunes SBP v, qll not ha hable to Tenants or guests for personal mjury or for damage to or loss of their personal property fiom fire, flood, water leak, rem, hall, ice, snow, h ghmmg, wind explosion, mterruphon of u-hhUes or other ocourrencea ~BPsir~n~lyreenmmendsth~ttenantseourethe~r~wnmsurancatop~teaa~amsta~fth~above~c~urrencas Tenantwdl obtain appropriate msoranca ooverages aa may be required deponthn8 on the facility being leased and/or business being operated and m such amounts as may bo deerned appropriate and/or as agreed SBP and/or the Owner of the property shall be named as addlhonal insured w~th a cemficata of msuranca being dehver~d to ihs office when appwpnate 11 REPAIRS and MALFUNCTIONS Tenant agrees to request all repairs m WRITING to SBP except m an emergenoy when telephone calls vail be aecepted Workers shall have the nght to temporarily tom offequipmcnt and interrupt utthhea to perform repa~re or mamteusnea wluch reqmre mterruphon Landlord to ensure hghts / fixtures m good working order upon move m Thereafter - tenant responsible for replacament of h~at bulbs Landlord vail mamtam HVAC, eleotncal system, ballasts m hght fixtures and all common areas In case of malfuucUon of uuhhes or damage by fire, water, or sumlar cause, tenant shall notify manager nnmed~ately Tbo lease shall enntmue and rent shallnotabotedurmgsuchponeds lfdemagesaresubstsntml, SBPmaytermmateihsleasemwntmg Inihscase, rant shall be pre-reted and the halance of daposlts refimded If Landlord or s relmir persan is ~nable to aeaess the proper~Y after maldng arrm~gements with Tenant/re eomplele fh~ repair, Tenant shall pay any trip elmrgea incurred 12 REIMBURSEMENT Tenant shall promptly rennburse SBP for any loss, property damage or cost of rapture or serv~eas caused m the rent property by neghgenca or tmpropor use by tenant or guests Tins includes damages to doors, windows or screens, repair easts and damagea from plmnbm8 stoppages m lines exclusively serving residents property and damages from windows or doors lef~ open SBP may requn'e payment at any tune, meludm$ deductton from seaunty deposit SBP may requn'e advance paymant of repairs for whch Tenant is liable 13 WHEN MANAGER MAY ENTER Manager may enter Tenants property when and ff delinquent wnt exceeds seven (7) days 14 CONTRACTUAL LIEN ~md ABANDONMENT NOT APPLICABLE 15 CLEANING Upon move-out, the propolly must be olcaned thoroughly ffTenant fads to clean, reasonable charges to complete such cleaning will be deducted from the security deposit Tenant to provide their owa jamtonal acoace for thetr spaea 16 GENERAL RESTRICTIONS Tenant agrees not to A) Sublet or assign the umt, or any part of the umt, B) Use the mat for unlawful purposes, / C) Engage m or perrmt unlawful ect~wties m the property and/or m the common~e project / property grounds, Tenant SBP ~ D) Mak~ or pmmt no, sos or acts that will thstutb tho rights of nmghbors The Tenant agrees to keep the volume of any rathe, siereo, phonograph, tolowmon or mus~eal ~t at a loyal which vail not d~sturb the n~ghbors 17 UTILITLES Landlord ~o bo respousthlo for all uhhhes - meluchng eleetno ser'oea, waist, h~ash, sewer, gas Tenant to bo respous~bl0 for CATV, phone 18 INSURANCE ThaCflyofDentonisselfmsured 19 USE The intended and ageed upon use of the prermses shall bo only the following general offices No other use shall bo penmtted without wntlen approval of SBP 20 ALTERATIONS/IMPROVEMENTS Any and all alteraho~s and lmlxovements to tho prermses will be penm~ w~thout the knowledgeandapprovalofSBP Anyandallenchrequestsshallbomacl~mwntmgvathoompletomformahonanddetafls Unlessothervnse agreed any and all ench alterations / nnpro,a~nants shall bo at tho expense of the Tenant and shall be m full eomphanea vath any and all apphcablo loeal, state and/or federal governmental relulahoas, reqmmments, eedes, penmts, heeuses, eta Any end all suoh alterahons and nnprovements shall become the property of the Owner and shall bo left upon vaeatm$ the Ixoperty or the pr opeity shah be relurned to the anginal eend~hon it was tn at the outset of the lease as may be agreed upon Unless spee~fieally agreed to the spaea is leased tn an 'as is" contht~on w~th tenant responsthle for any and idl tmprovomonts, repairs, eta 21 HVACSYSTlt}M HVAClsaohtllwatortwopipesystem Inthewmtermonths-tenantsareexpeetedtoobtamthe~rownspacehaaters as it is not possible to svatch from heat to a/o on days that vail be cool in the momm8 but reqane a/o in the afternoon 22 SIGNAGE Tonantmayhavolettermgplaoedonthowmdow(s)mplaceofoxaslmglettorm8 Landlord wfll provide a name plato for the door as well as hshn8 m the bmldmg marquees tn the lobby at each entrance 23 PARKING Alarseparhnglothasbeenreservedforusobytenents/guestsoftheTexasBmldmgonOakSt Parkmglsonafirstenm0 / first served basis at no 0harse Ample parking is available 24 CERTIFICATEOFOCCUPANCY Itisther~sponsibthty~fthetenantt~enmp~yv~ththerequn.~men~s~ftheCity~fDent~nr~~ahve to obtaining a Certflleate of Ooonpan0y Apphcation should be made at City Hall. Bmldm8 Iuspeotion Dn,~sion 25 SPECIAL PROVISIONS 26 ANY CHANGES MADE TO THIS LEASE, MUST BE MADE IN WRITING AND SIGNED BY BOTH PARTIES. (TENANT AND Senti Browa Properties, lat.) 27 PERSONAL INFORMATION NAME ~ D/L LICElqSE # DOB WORK # EMERGENCY NAME / # TENANT(8) ~ Ch/~prim, Representative I Leasing Agent Home Phone # Fax # Mobile # Work Phone # E-Marl Other Phone ~,oendaltem_~ ~..?_ AGENDA INFORMATION SHEET ~)ate AGENDA DATE: August 15, 2000 Questions concerning this acqmslt]on may be directed DEPARTMENT' Materials Management to Ed Hodney 349-8271 ACM Kathy DuBose, Fiscal and Municipal Services ~ 'I--' SUBJECT. An Ordinance anthortzmg the City Manager to execute a Professional Services Agreement with Mesa Design Group to provide design, construction documents and oversight services at North Lakes Park for the City of Denton Parks Department as set forth in the contract, providing for the expenditure of funds therefore, and prowdlng an effective date (PSA 2558 - Pro£esslonal Services Agreement for Design, Construction Documents and Oversight Services at the North Lakes Park awarded to Mesa Design Group in the amount o£$130,000) PROFESSIONAL SERVICE AGREEMENT INFORMATION This professional services agreement is for the schematic design development, construction documents, and admlmstrat]on of construction phases Schematic design and development cons]st of the following, football fields, soccer concession, roadway improvements, parking lots, trails and walks, and playground & shelter improvements Construction covers the same areas that are ~n the schematic design and development phases The Professional Services Procurement Act, Chapter 2254 of the Government Code requires the select]on of a Professional Service Provider be determined on the basis of demonstrated competence and quahficatlons to perform the services and at a fair and reasonable price Mesa Design Group was chosen for schematic design, construction and design development of North Lakes Park Improvements based upon successful completion of a long-range plan for North Lakes Park Mesa Design Group will provide the following planning and landscape architectural services for the North Lakes Park Improvements for the CLty of Denton · Schematic Design Through Design Development · Construction Documents · Bidding and Negotiation Contract Administration/Construction Observation This proposal is based upon a proposed budget of $1,643,690 for a site development plan RECOMMENDATION' We recommend this Professional Services Agreement (PSA 2558) and Purchase Order 07101 to Mesa Design Group be approved in the amount of $130,000 Agenda Information Sheet August 15, 2000 Page 2 PRINICPAL PLACE OF BUSINESS: Mesa Design Group Da!!a~, TX 76201 ESTIMATED SCHEDULE OF PROJECT: Projects will be completed m and will extend up to 3 years FISCAL INFORMATION' Funding for flus project Is avadable from the FY 2000 budget (462-031-ATHL-9949-9150 and 462-031-PARK-9945-9157) Respectfully submatted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 07101 to Mesa Design Group 1417 AGENDA ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MESA DESIGN GROUP TO PROVIDE DESIGN, CONSTRUCTION DOCUMENTS AND OVERSIGHT SERVICES AT NORTH LAKES PARK FOR THE CITY OF DENTON PARKS DEPARTMENT AS SET FORTH IN THE CONTRACT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PSA 2558 - PROFESSIONAL SERVICES AGREEMENT FOR DESIGN, CONSTRUCTION DOCUMENTS AND OVERSIGHT SERVICES AT THE NORTH LAKES PARK AWARDED TO MESA DESIGN GROUP IN THE AMOUNT OF $130,000) WHEREAS, the professtonal servtces provtder (the "Prowder) menttoned tn thru ordinance is being selected as the most highly qualified on the basis of tts demonstrated competence and quahficatlons to perform the proposed professional services, and WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent wtth and not higher than the recommended praettces and fees published by the professional assomauons appheable to the Provlder's professton and such fees do not exceed the maxtmum provided by law, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I The Ctty Manager as hereby authorized to enter ~nto a professional servtce contract wtth the Provtder, Mesa Design Group for the Design Construction Documents and Overstght Services pertmnmg the City of Denton Parks & Recreation Depamnent, a copy ofwhmh is attached hereto and incorporated by reference herein SECTION II The City Manager ts anthonzed to expend funds as reqmred by the attached contract SECTION III The findtngs tn the preamble of this ordmance are ~ncorporated hereto by reference SECTION IV This ordinance shall become effecttve tmmedlately upon ~ts passage and approval PASSED AND APPROVED this the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY PSA 2558 - CONTRACTUAL FOR PROFESSIONAL SERVICES ORDINANCE -2000 AGREEMENT FOR ARCHITECTURAL SERVICES Tlus Agreement made as of the 24th day of July, 2000 between the C~ty of Denton, Texas, hereinafter referred to as "Owner", and Me~a De.q?a Grnnp~ Inc.: heremafter referred to as "Arclmtect" for the followmg ProJect North l ~ake~ Park The Owner and Architect agree as set forth below ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1 1 ARCHITECT'S SERVICES 1 1.1 The Archttect's servmes consist of those servmes performed by the Archttect, Arclutect's employees and Archxtect's consultants as enumerated m Artmles 2 and 3 of thts Agreement and any other servtces included m Arttcle 11 1.1.2 The Arclutect's services shall be performed as expedtttously as xs consistent w~th the highest degree ofprofesstonal skall and care and the orderly progress of the Work Upon request of the Owner, the Arclutect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the ProJect proceeds, and shall include allow- ances for periods of ttme reqmred for the Owner's revtew and for approval of submlsstons by authonttqs hawng junsdmtton over the ProJect Ttme hmtts estabhshed by tlus schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Archttect or Owner, and any adjustments to thts schedule shall be mutually acceptable to both part,es 1 1 3 The servmes covered by thts Agreement are subject to the ttme bmttattons contmned tn Subparagraph 10 4 1 ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2 1 DEFINITION 2 1.1 The Archttect's Basic Servtces constst of those described tn Paragraphs 2 2 through 2 6 and any other servtces tdentffied tn Arttcle 11 as part of Basra Servmes, and tnclude wtthout llmt- tatton normal stmctural, mechanmal and electrical eng~neenng servmes and any other engtneenng servmes necessary to produce a complete and accurate set of Constmctton Documents, as described by and reqmred ~n Paragraph 2 4 PAGE 2 2 SCHEMATIC DESIGN PHASE 2 2.1 The Architect, tn consultation with the Owner, shall develop a written program for the Project to ascertmn Owner's needs and to estabhsh the reqmrements for the ProJect 2 2 2 The Architect shall provide a prehminary evaluation of the Owner's program, construction schedule and construction budget reqmrements, each ~n terms of the other, subject to the hmttat~ons set forth tn Subparagraph 5 2 1 2 2 3 The Architect shall review with the Owner alternative approaches to design and construction of the ProJect 2 2 4 Based on the mutually agreed-upon program, schedule and construction budget reqmrements, the Architect shall prepare, for approval by the Owner, Schematm Design Documents consisting of drawings and other documents illustrating the scale and mlat~onslup of Project components The Schematic Design shall contemplate comphance with all applicable laws, statutes, ordinances, codes and regulations 2 2.5 The Architect shall submit to the Owner a prehmtnary detmled estimate of Construction Cost based on current area, volume or other umt costs and which intimates the cost of each category of work mvolved in constructing the Project and estabhshes an elapsed t~me factor for the period of t~me from the commencement to the completion of construction 2 3 DESIGN DEVELOPMENT PHASE 2 3 I Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare for approval by the Owner, Design Development Documents conmst~ng of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanmal and electrical systems, materials and such other elements as may be appropriate, whmh shall comply wtth all apphcable laws, statutes, ordtnances, codes and regulattons Notwtthstandtng Owner's approval of the documents, Archttect warrants that the Documents and specifications wall be suffiment and adequate to fulfill the purposes of the ProJect 2.3 2 The Architect shall advise the Owner of any adjustments to the prehminary estimate of Constmcnon Cost tn a further Detailed Statement as described ~n Paragraph 2 2 5 2 4 CONSTRUCTION DOCUMENTS PHASE 2 4 I Based on the approved Design Development Documents and any further adjustments ~n the scope or quality of the Project or tn the construction budget authorized by the Owner, the Ar- chitect shall prepare, for approval by the Owner, Construction Documents consisting of DraWings and Specifications setting forth m detail reqmrements for the construction of the Project, which shall comply w~th all apphcable laws, statutes, ordinances, codes and regulations PAGE 2 2 4 2 The Architect shall asstst the Owner ~n the preparation of the necessary biddtng ~nformatmn b~dd~ng torms, the Conditions of the contract, and the form of Agreement between the Owner and contractor 2.443 The Architect shall advtse the Owner of any adjustments to previous prehm~nary esUmates of Construction Cost tndicated by changes m reqmrements or general market condtt~ons 2 4.4 The Architect shall assist the Owner m connection w~th the Owner's responstbd~ty for fihng documents reqmred for the approval of governmental authonues havtng 3unsdlctton over the ProJect 2 5 BIDDING 2 5.1 The Archttect, following the Owner's approval of the Construction Documents and of the latest prehmtnary detaded estimate of Construction Cost, shall assmt the Owner ~n obtmnmg b~ds and assmt ~n awardtng and prepanng contracts for construction 2.5 2 If the lowest b~d for the construction of the Project exceeds the total construction cost of the Proj eot as set forth ~n the approved Detmled Statement of Probable Construction Costs of the ProJect submitted by the Architect, then the Arclutect, at tts sole cost and expense, will rewse the Construction Documents as may be reqmred by the C~ty to reduce or modtfy the quantity or quahty of the work so that the total construction cost of the ProJect wdl not exceed the total construcUon cost set forth ~n the approved Detmled Statement of Probable Construction Costs 2 6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responmbHlty to provtde Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and termtnates at the ~ssuance to the Owner of the final Cemficate for Payment, unless extended under the terms of Subparagraph 9 3 2 2 6.2 The Architect shall prowde detmled admtnlstratlon of the Contract for Construction as set forth below and ~n the edmon of AIA document A201, General Conditions of the Contract for Construction, current as of the date of th~s Agreement, unless otherwise prowded m th~s Agreement 2 6 3 Construction Phase duties, respons~blllUes and bm~tat~ons of authority of the Architect shall not be restricted, modffied or extended w~thout written agreement of the Owner and Architect 2 6.4 The Architect shall be a representative of and shall adwse and consult wtth the Owner ( 1 ) dunng construction, and (2) at the Owner's dtrecnon from t~me to t~me dunng the correctmn, or warranty period described ~n the Contract for Construcuon The Archttect shall have attthonty to PAGE 3 act on behalf of the Owner only to the extent provtded tn thts Agreement unless otherwtse modtfied by written instrument 2.6 5 The Archttect shall inspect the construction site at least once per month, regardless of whether construction ts tn progress, to become famthar with the progress and quahty of the Work completed and to determtne ff the Work ts betng performed tn a manner indtcattng that the Work when completed wtll be tn accordance wtth the Contract Documents Architect shall provtde Owner a written report subsequent to each on-stte vtslt On the basis of on-site observations as an architect, the Architect shall keep the Owner tnformed of the progress and quahty of the Work, and shall exercise the utmost care and dthgence tn dtscovenng and promptly reporting to the Owner any defects or deficmnctes tn the work of Contractor or any subcontractors The Arohltect represents that he wdl follow the h~ghest professional standards ~n performing all servmes under thts Agreement The Architect shall promptly correct any defective destgns or specfficattons furnished by the Architect at no cost to the Owner The Owner's approval, acceptance, use of or payment for all or any part of the Archttect's servmes hereunder or of the Project ~tself shall in no way alter the Architect's obhgattons or the Owner's rights hereunder 2 6.6 The Archttect shall not have control over or charge of and shall not be responsible for constructton means, methods, techmques, sequences or procedures, or for safety precautmns and programs in connectton with the Work The Architect shall not be responsible for the Contractor's schedules or fatlure to carry out the Work in accordance with the Contract Documents except insofar as such fatlure may result fi.om Archttect's neghgent acts or omtsstons The Architect shall not have control over or charge of acts or omtsslons of the Contractor, Subcontractors, or their agents or employees, or of any other persons performmg pomons of the Work 2 6 7 The Archttect shall at all ttmes have access to the Work wherever ~t is in preparatton or progress 2 6 8 Except as may otherwtse be promded tn the Contract Documents or when direct communications have been spectally authorized, the Owner and Contractor shall commumcate through the Archttect Commumcattons by and w~th the Architect's consultants shall be through the Architect 2 6 9 Based on the Archttect's observattons at the site of the work and evaluattons of the Contractor's Apphcattons for Payment, the Archttect shall review and certify the amounts due the Contractor 2 6 10 The Architect's certfficatlon for payment shall constitute a representatton to the Owner based on the Archttect's observattons at the site as pmvtded m Subparagraph 2 6 5 and on the datalcompnsmg the Contractor's Apphcatton for Payment, that the Work has progressed to the point mdlcated and that the quality of the Work Is in accordance with the Contract Documents The forego~r~g representations are subject to minor deviations from the contract Documents correctable prior to,completton and to specffic quahficauons expressed by the Architect The tssuance of a Certtficate for Payment shall further constitute a representation that the Contractor ~s entttled to PAGE 4 payment ~n the amount certified However, the ~ssuance of a Certtficate for Payment shall not be a representation that the Architect has (1) rewewed construction means, methods, techmques, sequen- ces or procedures, or (2) ascertmned how or for what purpose the Contractor has used money previously paid on account of the Contract Sum 2 6 11 The Architect shall have the responmbd~ty and authority to reject Work which does not conform to the Contract Documents Whenever the Arclutect considers ~t necessary or adwsable for implementation of the ~ntent of the Contract Documents, the Architect wall have authority to reqmre additional ~nspect~on or testing of the Work m accordance w~th the prowmons of the Contract Documents, whether or not such Work ~s fabricated, tnstalled or completed However, neither flus authority of the Arcbatect nor a decision made m good froth e~ther to exercise or not exere~se such authority shall g~ve nsc to a duty or respons~bdlty of the Architect to the Contractor, Subcontractors, material and eqmpment supphers, their agents or employees or other persons performmg pomons of the Work 2 6.12 The Arcbatect shall rewew and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of (1) determunng comphance w~th apphcable laws, statutes, ordinances and codes, and (2) determunng whether or not the Work, when completed, will be ~n comphance wtth the reqmrements of the Contract Documents The Architect shall act w~th such reasonable promptness to cause no delay ~n the Work or ~n the construction of the Owner or of separate contractors, whale allowing sufficient t~me ~n the Arctutect's professional judgment to permtt adequate rewew Rewew of such submattals ~s not conducted for the purpose of determ~mng the accuracy and completeness of other detmls such as d~menmons and quantmes or for substantmt~ng ~nstmctlons for ~nstallatlon or performance of eqmpment or systems designed by the Contractor, all of wluch remain the responsibility of the Contractor to the extent reqmred by the Contract Documents The Arctutect's rewew shall not constitute approval of safety precautions or, unless otherwme specffically stated by the Architect, of construction means, methods, techmques, sequences or procedures The Arclutect's approval of a spectfic ttem shall not ~ndtcate approval of an assembly of wbach the ~tem ~s a component When professional certfficatlon of performance charactenstms of materials, systems or eqmpment ~s reqmred by the Contract Documents, the Arcbatect shall be entitled to rely upon such certfficat~on to estabhsh that the materials, systems or eqmpment will meet the performance criteria required by the Contract Documents 2 6.13 The Architect shall prepare Change Orders and Construction Change D~rect~ves, with suppomng documentation and data tf deemed necessary by the Architect as pmwded ~n Sub- paragraphs 3 1 1 and 3 3 3, for the Owner's approval and execution ~n accordance w~th the Contract Documents, and may authon nor changes ~n the Work not ~nvolv~ng an adjustment ~n the Contract Sum or an extension o~ Contract T~me which are not tncons~stent w~th the mtent of the Contract Documents 2.6.14 On behalf of the Owner, the Architect shall conduct ~nspect~ons to determine the dates of Substantial Completton and F~nal Completton, and shall msue Certfficates of Substantml and F~nal Completion The Architect wall receive and rewew written guarantees and related documents PAGE 5 reqmred by the Contract for Construction to be assembled by the Contractor and shall ~ssue a final cem ficateTor Payment upon comphance w~th the reqmrements of the Contract Documents 2 6 15 The Architect shall interpret and provide recommendauons on matters concerning performance of the Owner and Contractor under the reqmrements of the Contract Documents on written request of e~ther the Owner or Contractor The Architect's response to such requests shall be made w~th reasonable promptness and within any t~me hm~ts agreed upon 2 6.16 Interpretations and decisions of the Architect shall be consistent w~th the intent of and reasonably inferable from the Contract Documents and shall be ~n writing or ~n the form of draw- lngs When making such interpretations and ~mt~al decmons, the Architect shall endeavor to secure fmthful performance by both Owner and Contractor, and shall not be hable for results or lnterpre- tauons or decisions so rendered m good faith ~n accordance w~th all the provisions of th~s Agreement and m the absence of neghgenee 2.6.17 The Architect shall render written decisions within a reasonable Ume on all clmms, d~sputes or other matters ~n question between the Owner and Contractor relating to the execution or progress of the Work as provided ~n the Contract Documents 2 6.18 The Architect (1) shall render services under the Agreement ~n accordance w~th the highest professional standards prevailing ~n the Dallas-Fort Worth metroplex area, (2) will reimburse the Owner for all damages caused by the defective designs the Architect prepares, and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or d~mm~sh any of the Architect's obhgat~ons thereunder 2 6.19 The Architect shall prowde the Owner w~th one] set(s) of reproducible pnnts and one set of AutoCadd Fries for the project updated w~th all s~gmficant changes to the Construction Documents durmg the Construction Phase ARTICLE 3 ADDITIONAL SERVICES 3 1 GENERAL 3 1 I The services described ~n th~s Article 3 are not ~ncluded m Basic Services unless so ~denufied m Amcle 11, and they shall be prod for by the Owner as prowded Agreement, m addition to the compensation for Basic Serwces The services described undo, ~ agraphs 3 2 and 3 4 shall lonly be prowded ffauthonzed or confirmed m writing by the Owner If services described under Contingent Add~tmnal Serv~cas ~n Paragraph 3 3 are reqmred due to c~rcumstances beyond the Architect's control, the Architect shall not~fy the Owner prior to commencing such services If the Owner deems that such services described under Paragraph 3 3 are not reqmred, the Owner shall g~ve prompt written notice to the Architect If the Owner indicates m writing that all or part of PAGE 6 such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services Owner will be responsible for compensating the Architect for Contingent Additional Services only if they are not required due to the negligence or fault of Arctutect 3 2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3 2.1 If more extensive representation at the site than is described in Subparagraph 2 6 5 is required, the Architect shall provide one or more ProJect Representatives to assist m carrying out such additional on-site responslblhtles 3 2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect The duties, responsibilities and limitations of anthonty of ProJect Representatives shall be as described in the edition of AL& Document B352 current as of the date of tbas Agreement, unless otherwise agreed 3 3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making material rewsions in Drawings, Specifications or other documents when such revisions are 1 inconsistent with approvals or instructions previously g~ven by the Owner, including rewslons made necessary by adJustments in the Owner's program or ProJect budget, 2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3 due to changes required as a result of the Owner's failure to render decision in a timely manner 3 3.2 Providing services required because of slgmficant changes in the ProJect including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding and contracting for construction, except for services required under Subparagraph 2 5 2 3 3 3 Prepanng Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives 3 3.4 Providing consultation concerning replacement of Work damaged by fire or other cause dunng construction, and furnishing services required in connection with the replacement of such Work 3.3.5 Providing services made necessary by the default of the Contractor, by major defects or defimencles ~n the Work of the Contractor, or by failure of performance of e~ther the Owner or Contractor under the Contract for Construction PAGE 7 3 3 6 Providing services in evaluating an extenstve number of claims submitted by the Contractor or others m connection with the Work 3 3 7 Provid~ng servmes m connection wtth a pubhc heanng, arbitration proceeding or legal proceeding except where the Architect ~s party thereto 3 3.8 Prepanng documents for alternate, separate or sequential b~ds or promd~ng servmes in connection wtth bidding or construction prior to the completion of the Construction Documents Phase 3 4 OPTIONAL ADDITIONAL SERVICES 3 4.1 Prowd~ng financml feas~blhty or other special studies 3 4 2 Provtdlng planning surveys, site evaluations or comparative studies of prospective sites 3 4.3 Prowdmg spemal surveys, environmental studies and submissions required for approvals of governmental authorities or others having junsdlctton over the Project 3 4 4 Prowd~ng services relative to furore facflmes, systems and eqmpment 3 4 5 Prowd~ng servmes to investigate existing conditions or facthttes or to make measured drawings thereof 3 4 6 Prowd~ng services to verify the accuracy of drawmgs or other ~nformatlon furnished by the Owner 3 4 7 Provtd~ng coordination of construction performed by separate contractors or by the Owner's own forces and coordination of servmes reqmred ~n connection with construction per- formed and equipment supphed by the Owner 3 4 8 Providing services ~n connection w~th the work of a construction manager or separate consultants retained by the Owner 3 4 9 Providing detmled quantity surveys or inventories of material, equipment and labor 3 4.10 Prowdmg analyses of owning and operating costs 3 4 I I Making ~nvest~gat~ons, ~nventones of materials or eqmpment, or valuations and detailed appraisals of existing facflmes 3 4 12 Providing assistance in the utilization of equipment or systems such as testing, PAGE 8 adjusting ~and balanmng, preparation of operation and maintenance manuals, trmmng personnel for operation~and mmntenance and consultation dunng operation 3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or mnstallatlon of furniture, fumishmgs and related equipment 3.4.14 Providing services other than as provided in Section 2 6 4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty period of the Contract for Construction 3 4.15 Providing services of consultants for other than arcbatectural, structural, mechanical and electrical engineenng portions of the Project provided as a part of Basra Services 3 4.16 Providing any other services not otherwise included in this Agreement or not customarily furmshed in accordance with generally accepted arclutectural practice 3 4.1'/ Prepanng a set of repmdumble record drawings showing signfficant changes in the Work made dunng construction based on marked-up pnnts, drawings and other data furnished by the Contractor to the Architect (Tbas is for drawings prepared in addition to those specified in Section 2 6 19 ) ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall consult with the Architect regarding reqmrements for the Project, including (1) the Owner's objectives, (2) schedule and design constraints and criteria, including space mqmrements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more specifically described in Paragraph 2 2 1 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contmgenmes related to all of these costs 4 3 If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obhgations under this Agreement 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the ProJect The Owner or such authorized representative shall render decisions in a t~mely manner pertmmng to documents submitted by the Architect in order to avoid unreasonable delay ~n the orderly and sequential progress of the Architect% services 4 5 The Owner shall furnish surveys describing physical charactenstms, legal hmitat~ons and utility locations for the s~te of the ProJect, and a written legal description of the s~te The surveys PAGE 9 and legal mformatmn shall ~nclude, as apphcable, grades and hnes of streets, alleys, pavements and ad3ommg property and structures, adjacent drmnage, rights-of-way, restnctions, easements, encroachments, zomng, deed restrictions, boundaries and contours of the s~te, locations, d~mens~ons and necessary data pertmmng to existing buildings, other improvements and trees, and information concerning available utility services and hnes, both public and private, above and below grade, ~ncludmg inverts and depths All the reformation on the survey shall be referenced to a project benchmark 4 6 The Owner shall furmsh the servmes of geotechmeal engineers when such services are requested by the Architect Such services may ~nclude but are not hrmted to test bonngs, test p~ts, determinations of soft beanng values, percolation tests, evaluations of hazardous materials, ground corrosion and res~stlvity tests, including necessary operations for anticipating sub-soft condxtions, w~th reports and appropriate professional recommendations 4 6 1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the ProJect and are requested by the Architect and are not re- tinned by the Architect as part of its Basic Servmes 4 7 The Owner shall furmsh structural, mechanmal, chemical, tar and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, Inspections and reports reqmred by law or the Contract Documents 4 8 The Owner shall furmsh all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Apphcatlons for Payment or to ascertain how or for what purposes the Contractor has used the money ptad by or on behalf of the Owner 4 9 The services, information, surveys and reports reqmred by Paragraphs 4 5 through 4 8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accur- acy and completeness thereof in the absence of any negligence on the part of the Architect 4.10 The Owner shall g~ve prompt written notice to the Architect ff the Owner becomes aware of any fault or defect tn the Project or nonconformance with the Contract Documents 4 11 Architect shall propose language for certfficates or certifications to be requested of the Architect or Architect's consultants and shall submit such to the Owner for review and approval at leaqt fourteen (14) days prior to execution The Owner agrees not to request certifications that require knowledge or services beyond the scope of this Agreement ARTICLE 5 CONSTRUCTION COST 5 I DEFINITION PAGE 10 $1 1 The Constmcnon Cost shall be the total cost or esUmated cost to the Owner of all elements of the Project designed or specified by the Arclutect 5 1 2 The Constructton Cost shall include the cost at current market rates of labor and materials fumtshed by the Owner and eqmpment destgned, spectfied, selected or spectally provtded for by the Archttect, plus a reasonable allowance for the Contractor's overhead and profit In addmon, a reasonable allowance for contmgenmes shall be ~ncluded for market condtttons at the tame ofbtddmg and for changes tn the Work dunng constructton 5.1.3 Constmctton Cost does not include the compensatton of the Architect and Arclutect's consultants, the costs of the land, rights-of-way, financmg or other costs whtch are the responstbth- ty of the Owner as promded in Article 4 5 2 RESPONSIBILITY FOR CONSTRUCTION COST 5 2.1 Evaluattons of the Owner's ProJect budget, prehmtnary esttmates of Constmctton Cost and detatled estimates of Construction Cost prepared by the Architect represent the Architect's best judgment as a design profesmonal famdiar with the construction tndustry It ts recogmzed, however, that netther the Arctutect nor the Owner has control over the cost of labor, materials or equipment, over the Contractors methods of determtmng bad prices, or over compet~ttve blddmg or market condtttons Accordingly, the Arctutect cannot and does not warrant or represent that bads wall not vary fi.om the Owner's ProJect budget or fi'om any esttmate of Constmctton Cost or evalua- tion prepared or agreed to by the Architect 5.2.2 No fixed hmtt of Construction Cost shall be established as a cond~tton of thts Agreement by the fumtstung, proposal or estabhshment of a Project budget, unless such fixed hmtt has been agreed upon in writing and signed by the pames thereto If such a fixed hmit has been estabhshed, the Archttect shall be permttted to tnclude cont~ngenctes for destgn, b~ddtng and price escalatton, to determtne what materials, equipment, component systems and types of constructton are to be included tn the Contract Documents, to make reasonable adjustments tn the scope of the ProJect and to tnclude tn the Contract Documents alternate b~ds to adjust the Constmctton Cost to the fixed hmtt Ftxed hmtts, tf any, shall be tncreased tn the amount of an tncrease ~n the Contract Sum occumng after executton of the Contract for Constructton 5.2 3 If the Btddtng Phase has not commenced wtth~n 90 days after the Architect submtts the Constructton Documents to the Owner, any ProJect budget or fixed hmlt of Constructton Cost shall be adjusted to reflect changes tn the general ~ :prices in the constructton tndustry between the date of submtsmon of the Constructton Docu, l. to the Owner and the date on whmh proposals are sought ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, PAGE 11 SPECIFICATIONS AND OTHER DOCUMENTS 6 1 The Drawings, Specfficattons and other documents prepared by the Architect for th~s ProJect ave instruments of the Archttect% service for use solely with respect to thts ProJect and, unless otherwtse provided, the Archttect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, mcludtng the copyright The Owner shall be provtded a Cadd file of project and permttted to retatn coptes, tncludmg reproducible copies, of the Arehttect's Drawmgs, Speetficatlons and other documents for reformation and reference ~n connection with the Owner's use and occupancy of the ProJect The Architect's Drawtngs, Specffieations or other documents shall not be used by the Owner or others on other proJects for additions to tbas ProJect or for completion of this ProJect by others, unless thts Agreement ts tenmnated because Architect is m default of th~s Agreement, at wtuch time the documents become the property of the Ctty of Denton 6 2 Submission or dmtr~bution of documents to meet official regulatory requirements or for s~mtlar purposes m connectton with the ProJect ts not to be construed as pubhcatton ~n derogation of the Archttect's reserved rights ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7 1 Archttect may terminate this Agreement upon not less than thirty days written notice should the Owner fatl substanttally to perform In accordance with the terms of thru Agreement through no fault of the Arcbatect Owner may terminate thts Agreement or any phase thereof upon thtrty (30) days prior written nottce to the Arctutect wtth the understandtng that tmmedtately upon receipt of such notme, all work and labor being performed under the Agreement shall cease ~mmedtateIy Before the end of the tbarty (30) day period, Archaect shall invoice the Owner for all work tt performed prior to the receipt of such notme No amount shall be due for lost or anticipated profits All plans, field surveys, and other data related to the ProJect shall become property of the Owner upon termination of the Agreement and shall be promptly dehvered to the Owner in a reasonably orgamzed form Should Owner subsequently contract with a new architect for con- ttnuatton of services on the Project, Arctutect shall cooperate in provtdtng information 7 2 If the ProJect ts suspended by the Owner for more than 30 consecuttve days, the Archttect shall be compensated for servmes performed prior to nottce of such suspenston When the ProJect ts resumed, the Architect's compensatton shall be equitably adjusted to prowde for expenses incurred tn the interruption and resumption of the Archttect's servtces 7.3 Thts Agreement may be terminated by the Owner upon not tess than seven days written nonce to the Archttect in the event that the Project ts permanently abandoned If the Project ts abandoned by the Owner for more than 90 consecunve days, the Archttect or the Owner may terminate th~s Agreement by giving written notice PAGE 12 7.4 Failure of the Owner to make payments to the Architect tn accordance with this Agreement shall be considered substantial nonperformance and cause for termination 7 5 If the Owner fails to make payment to Architect within thirty (30) days of receipt of a statement for services properly performed, the Architect may, upon seven days written notice to the Owner, suspend performance o f services under th~s Agreement Unless Architect receives payment m full wttfun seven (7) days of the date of the notice, the suspension shall take effect without further notice In the event of a suspension of services under this section, the ArcIntect shall have no babfllty to the Owner for delay or damage caused the Owner because of such suspension of services 7.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services properly performed prior to termination ARTICLE 8 MISCELLANEOUS PROVISIONS 8 1 This Agreement shall be governed by the laws of the State of Texas 8.2 Terms in this Agreement shall have the same meamng as those in AIA Document A201, General Conditions of the Contract for Construction, current as of the date of tbas Agreement 8 3 The Owner and Architect, respectively, bind themselves, their partners, successors, asmgns and legal representatives to the other party to this Agreement and to thc partners, suc- cessors, assigns and legal representatives of such other party with respect to all covenants of this Agreement Neither Owner nor Architect shall assign th~s Agreement w~thout the written consent of the other 8.4 Tins Agreement represents the entire and integrated agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements, e~ther written or oral Th~s Agreement may be amended only by written instrument signed by both Owner and Architect 8.5 Nothing contained in thru Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect 8.6 Unless otherwise provided m this Agreement, the Architect and Architect's consultants shall have no responsibility for the chscovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project s~te, ~ncludmg but not limited to asbestos, asbestos products, polychlonnated blphenyl (PCB) or other toxic substances, provided, however, Architect shall have the respons~bdity to and shall report to the Owner the location of any hazardous material that an architect of similar skill and expertise should have noticed 8 7 Upon receipt of pnor wntten approval of Oxvner, the Architect shall have the right to PAGE 13 include rcpresentattons of the destgn of the Project, ~ncludtng photographs of the exterior and interior, among the Arehttect's promotional and professtonal materials The Archttect's materials shall not tnclude the Owner's confidenttal or proprietary mformatton ~f the Owner has previously advtsed the Architect in wnttng of the spectfic mformatton constdered by the Owner to be eonfi- denttal or proprietary The Owner shall prowde professtonal credit for the Architect on the con- struction stgn and tn the promottonal materials for the Project ARTICLE 9 PAYMENTS TO THE ARCHITECT 9 1 DIRECT PERSONNEL EXPENSE 9 1 I Dtrect Personnel Expense ts defined as the dtrect salaries of the Archttect's personnel engaged on the Project and the portton of the cost of thetr mandatory and customary contnbuttons and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, stck leave, hohdays, vacattons, penstons and stmtlar contnbuttons and benefits 9 2 REIMBURSABLE EXPENSES 9 2.1 Retmbursable Expenses are tn addition to compensatton for Bastc and Addmonal Services and ~nclude expenses tncurred by the Archttect and Archttect's employees and consultants m the interest of the Project, as tdenttfied tn the followtng Clauses 9 2 1 1 Expense of transportation tn connectton w~th the Project, expenses ~n connection w~th authorized out-of-town travel, long-distance commumcat~ons, and fees pa~d for secunng approval of authonttes hawng junsdtct~on over the Project 9 2 I 2 Expense of reproducttons (except the reproduction of the sets of documents referenced In Subparagraph 2 6 19), postage and handhng of Drawtngs, Specifications and other documents 9 2[ I 3 If authorized in advance by the Owner, expense of overtime work reqmnng htgher than regular rates 9 2 1.4 Expense of rendenngs, models and mock-ups requested by the Owner 9 3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 9 3 I Payments for Basic Services shall be made monthly and, where apphcable, shall be tn proportion to services performed within each phase of service, on the basis set forth in Subpara- graph 10 2 2 PAGE 14 9 3 2 If and to the extent that the ttme tmttally estabhshed ~n Subparagraph 10 4 1 of th~s Agreement ts exceeded or extended through no fault of the Architect, compensatton for any servtces rendered dunng the addtttonal period of ttme shall be computed tn the manner set forth tn Subparagraph 10 2 2 9.3.3 When compensatton ts based on a percentage of Constmctton Cost and any porttons of the ProJect are deleted or otherwtse not constructed, compensatton for those pomons of the Project shall be payable to the extent services are performed on those porttons, tn accordance wtth the schedule set forth tn Subparagraph 10 2 2 based on (1) the lowest bona fide b~d or (2) tfno such btd or proposal is received, the most recent prehmmary esttmate of Constructton Cost or detatled estimate of Constmctton Cost for such porttons of the Project 9 4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9.4.1 Payments on account of the Architect's Addtttonal Servtces and for Retmbursable Expenses shall be made monthly upon presentation of the Archttect's statement of servmes rendered or expenses incurred 9 5 PAYMENTS WITHHELD 9.5 1 No deducttons shall be made from the Architect's compensatton on account of penalty, hqmdated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for whmh the Archttect ~s responstble 9.6 ARCHITECT'S ACCOUNTING RECORDS 9.6 1 Architect shall make available to Owner or Owner's authorized representattve records of Reimbursable Expenses and expenses pertatmng to Addtttonal Servmes and servtces performed on the bas~s of a multiple of Dtrect Personnel Expense for mspectton and copytng dtmng regular bus~ness hours for three years after the date of the final Certificate of Payment, or until any ht~gat~on related to the Project ~s final, whichever date ts later ARTICLE 10 BASIS OF COMPENSATION The Owner shall compensate the Archttect as follows 10 1 BASIC COMPENSATION 10 1 1 FOR BASIC SERVICES, as described ~n Article 2, and any other services tncluded ~n Article 11 as part of Basle Services, Basra Compensation shall be $1 'tO;oOO O0 PAGE 15 10 1 2 Progress payments for Basic Services tn each phase shall total the following percentages of the total Basic Compensation payable o Schematic Demgn Phase 15% o Desagn and Development Phase 20% o Construction Documents Phase 30% o Bidding Phase 10% o Construction Phase 25% o Total Basic Compensation 100% 10~2 COMPENSATION FOR ADDITIONAL SERVICES 10.2 1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3 2, compensation shall be computed as follows See section 10 2 2 10.2.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 11, other than (1) Additional Project Representation, as described in Paragraph 3 2, and (2) services included m Article 11 as part of Additional Services, but excluding services of consultants, compensation shall be computed as follows Pnnc~pals $120 per hour Associates $75 per hour Techmcal Staff $45 per hour Clerical Staff $35 per hour 10.2.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, ~ncluding addmonal structural, mechanical and electrical eng~neenng servmes and those provided under Subparagraph 3 4 16 or ~dentffied m Article 11 as part of Addmonal Services, a multiple of 1 1 times the amounts billed to the Architect for such services 10.3 REIMBURSABLE EXPENSES 10.3.1 FOR REIMBURSABLE EXPENSES, as described tn Paragraph 9 2, and any other items included in Article 11 as Reimbursable Expenses, a multiple of one t~mes the expenses ~ncurred by the Architect, the Architect's employees and consultants tn the interest of the ProJect 10 4 ADDITIONAL PROVISIONS 10 4 1 ,~ E BASIC SERVICES covered by thts agreement have not been completed wlthtn , oPe year of the date of execution hereof, through no fault of the Architect, extension of the Architect's servmes beyond that time shall be compensated as provtded tn Subparagraphs 9 3 2 and 1022 10 4 2 Payments are due and pavable forty-five (45) days from the date of the Architect's PAGE 16 ~nvo~ce Amounts for servmes properly performed which rematn unpmd s~xty (60) days after the ~nvmce date shall bear interest at the rate of one (1%) pement per month ARTICLE 11 OTHER CONDITIONS OR SERVICES 11.1 Archttect shall mamtmn, at no expense to Owner, a professional habfl~ty (errors and omissions) ~nsurance pohcy placed with a company rated at least B+/X by Best's Key Rating Grade, authorized to do bus~ness m Texas, m an amount not less than two mflhon dollars ($2,000,000) Such pohcy shall name the Owner as addttmnal insured and shall reqmm the g~wng of written not,ce to Owner at least thirty days prior to cancellation, non-renewal or material modfficat~on of any pohc~es, ewdenced by tatum receipt of Umted States Certffied Marl Archaect shall furnish Owner with copies of smd pohc~es or certfficates ewdenc~ng such coverage 11.2 Arcbatect agrees to ~ndemmfy, hold harmless, and defend the C~ty, at Architect's cost, ~ts officers, agents, and employees from and agmnst any and all clmms or stats for ~njunes, dam- ages, loss, or habthty of whatever land or character, anmng out of or tn connectton with the performance by the Architect of those servmes contemplated by thru Agreement, based upon allegations of neghgent acts or omissions of Architect, ~ts officers, agents, employees, consultants and subcontractors Thts Agreement entered tnto as of the day and year first written above CITY OF DENTON, TEXAS, MESA DESIGN GROUP, INC OWNER ARCHITECT BY BY ~ MICHAEL W JEZ, CITY MANAGER PAGE 17 MESA DESIGN GROUP PROPOSAL FOR PROFESSIONAL SERVICES July 24, 2000 Mr Robert Ttckner City of Danton Park and Recreation Department 321 E McKmney St Denton, TX 76201 Prqect North Lakes Park Improvements Denton, Texas This letter of proposal describes planning and landscape architectural services to be prowded by MESA Design Group, Inc, costs of these servaces and general condatmns under which those servmes would be executed Thts proposal ~s based upon a proposed budget of $1,643,690 00 for a rote development plan SCOPE OF SERVICES MESA Design Group, Inc, wall provide the following planning and landscape amhltectural services for the North Lakes Park Improvements - Denton, Texas A SCHEMATIC DESIGN THROUGH DESIGN DEVELOPMENT Vtmt the site, collect base data and perform topographm survey of cx~st~ng condtt~ons 2Rewcw program, budget and specific scope of work 3Prepare schematm stud~es/altemattves at a scale of 1" = 20'0' including the following a Football Fields I Grading 2 L~ghtmg 3 Sodding 4 Irrigation 5 Water Meters & Ut~hues b Soccer Concession (includes water, sewer, and onstte electric) c Roadway Improvements I Soccer Lot to Pmmc Lot Connection 2 West Road Coanect~on to Football Lot 3 Coordinate with City Engineer's regarding Windsor hooded turn island d Parking Lot Additions and Improvements Football parking lot 2 Playground/picmc lot ranovatmns 3 North Lakes Recreation Center renovations 4 Soccer parking lot 5 Softball complex lot 6 D~scgolfparkmglot e Trails and Walks f Playground & Shelter Improvements I Prepare prehmmary cost estimate Landscape Archdecture 3100 McKinnon Sliesl / State 905 LB 152 / Dallas Texas 75201 NORTH LAKES PARK IMPROVEMENTS PROPOSAL PAGE 2 2 Rewew schemattc destgn with Ctty staff 3 Attend (2) netghborhood c~ttzen group meettngs (if necessary) 4 Frae tune reformation on site conditions and coordmate ~mphcatlons of approved sehematm design w~th Ctty staff 5 Prepare base sheets for construction documents m the following format 6 24 x 36 sheets 7 Refine all park destgn elements, s~dewalk layout, and landscape reqmrements as shown m the schematic destgn 8 Rewse cost esttmate tf reqmred B CONSTRUCTION DOCUMENTS Construction documents shall include the following a Foothall Fields 1 Grading 2 L~gh~ng 3 Sodding 4 Irnga0.on 5 Water Meters & Ui'tht~es b Soccer Concession (includes water, sewer, and onslte electric) c Roadway Improvements 1 Soccer Lot to P~cmc Lot Connectton 2 West Road Connectton to Football Lot 3 Coordinate w~th C~ty Engineer's regarding Windsor hooded turn island d Parking Lot Additions and Improvements 1 Football parking lot 2 Playground/pmmc lot renovatmns 3 North Lakes Recreaaon Center renovations 4 Soccer parking lot 5 Softball complex lot 6 D~sc golf parkmg lot e Trads and Walks f Playground & Shelter Improvements 2 90% Revtew/check sets at ~A s~ze 3 Hardscape specfficat~ons as required 4 PreparaUon ofb~d forms 5 Subrmt plans to TDLR for TAS remew C BIDDING AND NEGOTIATION MES x j ~ n Group wall perform the followtng during the bidding phase 1 Prowde btd documents and spectficat~ons for City staff to bid 2 Assist City staff wtth b~ddmg, pre bid conference and bxd opening D CONTRACT ADMINISTRATION / CONSTRUCTION OBSERVATION I Attend pre-constructmn meeting 2 Approve shop drawings W 99 PROJECTS\g0134 Northlakes Avondale & Mdam Parks'Proposal Nmxh[ lkcs Impm~cmcntq proposal 7 20 00 doc NORTH LAKES PARK IMPROVEMRNTS PROPOSAL PAGE 3 3 Approve sample materials for fencing and masom-y work 4 Perform site reviews upon request 5 Perform punchouts and document meetings COST'OF SERVICES' A SCHEMATIC DESIGN THROUGH CONSTRUCTION OBSERVATION/ADMINISTRATION Phase One Lump Sum Basis $130,000 00 B ADDITIONAL SERVICES (Hourly Basis) Services requested, but not specifically included m the scope of services, will be considered addmonal services Modfficat~on to drawings, after approval by client, as a result of changes requested by chent or other consultants will be considered adthtmnal services and billed at an hourly rote as follows Hourly BaSlS Semor Pnnclpal $120 O0 Principal $90 00 Associate $75 00 Project Manager $60 00 Landscape Arclutect $45 O0 Clerical $35 00 CONDITIONS A The client will provide the followmg I Previously ex~stmg boundary and general topogrepluc survey locating sWactures, existing vegetataon, existing pmpen'y lmes and utthtaes that cross the property on AutoCAD thsk 2 ConstmcUon budget consldorattom B Not included are the following Civil, mechanical and electrical engineering if required 2Illustratave plans, models, and drawings not specl - , lescnbed m Scope of Services 3TDLR review and inspection fees 4All geotechmcal soils reports and other applicable testing C MESA Design Associates, Inc may subcontract consultants in the performance of any services described in this agreement D MESA Design Associates, Inc does not act as General Contractor m any way, or accept responsibility for poor craftsmanship W 90 PROJECTS\99134 No~hlakes Avondale & Mflam Parks\Proposal Norlhi akes Improvements proposal 7 20 00 doc NORTH LAKES PARK IMPROVEMENTS PROPOSAL PAGE 4 E The above described compensation for MESA Design Associates, lnc includes the following costs Photostats/photocopying/plotting 2Bmdmg 3Pnntmg/reprograptucs 4Photography/film/fflmprocessmg $Mylars and reproduc~bles 6Federal Express, courier and/or dehvery fees 7Marling/Postage 8M~cro fllnung~scannmg/d~,gltlzmg 9Long distance telephone calls and faxes 10Mileage @ 32 11Pernuts and/or reg~stratmn fees 12Other preducts and services requested by the Chent and not specifically described harem F E~ther Owner or Consultant may temunate this contract w~th seven (7) days written nottce Upon temunatmn, Owner will be responsible for payment of all Consultant fees and reunbursables expended through the date of temunaUon To the maxmmm extent pemulted by law, the Chent agrees to In'mt MESA's habfl~ty for the Chent's damages to the sum of MESA's fees included m th~s proposal Ttns lmutatmn shall apply regardless of the cause of acUon or legal theory pled or asserted H Compensataon for all sezv~ces shall be prod m Dallas, Dallas County, Texas Invoice Schedule Bdlmg wdl be on a design progress basis at the end of each month J Terms Net tluny (30) days from mvo~ce days Fmance charge of15% per month (18% per annum) will be added to accounts over thuty (30) days past due Subrmt~! /~ Approved by MESA~R~ Start Cowan "- ~' - City of Denton, Parks and Recreataon Depa.tmaent Date Associate Return Copy Enclosed w \qq PROJE£TS,99134 Nor~hlakes Avondale & Mdam Parks\Proposal'NorihLakes Improvements proposal 7 20-00 doc ADenda ~Jo ~ ^Denda Item /~ ....... AGENDA INFORMATION SItEET AGENDA DATE' August 15, 2000 Questions concerning ttus acqms~t~on may be d~rected DEPARTMENT. Materials Management to Charhe Watk~ns 349-8444 ACM Kathy DuBose, F~scal and Mumc~pal Serv~ces~ SUBJECT. An Ordinance of the C~ty of Denton authorizing the C~ty Manager or his designee to execute a purchase order w~th the Houston-Galveston Area Council of Government (H-GAC) for the acquisition of wheeled refuse contmners by way of an Interlocal Agreement with the C~ty of Denton, authorizing the expenditure of funds therefore, and provtdmg an effective date (B~dfF~le 2540 - Purchase Order 07105 to HGAC/Toter Inc, ~n the amount of 105,224 68) BID INFORMATION. Thts b~d is for the purchase of approximately 2,400 wheeled refuse containers These containers wtll be ut~hzed as the two proposed automated residential refuse collection routes are ~mplemented The carts are designed for curbslde p~ck up using the two automated s~de load refuse trucks currently on order as approved by Council m April of 2000 The carts are available m 96 and 65 gallon sizes, made of a damage resistant h~gh density polyethylene, designed to be weather resistant easy to load and easdy moved to curb s~de Competitive b~ds (B~d 2540) were sohc~ted from all major manufacturers and four responded After an extensive m house evaluation and talking w~th numerous references the "Toter" container appears to be the best for the Ctty of Denton The Plastic Ommum Zam container was less resistant to puncture, and experienced a premature hd hinge foalure dunng our evaluation After Toter was selected we compared their b~d to the C~ty of Denton w~th their contract through H-GAC The H-GAC Interlocal Agreement offered a lower cost for the same container RECOMMENDATION' We recommend that all b~d responses to Bid 2540 be rejected and that Purchase Order 07105 be approved to H-GAC ~n the amount of $105,224 68 Price sohcltat~ons for Item 1 on B~d 2540 will be re-circulated ~ncludlng ~nstallat~on on City of Denton trucks PRIOR ACTION/VIEW (COUNCIL. BOARDS, COMMISIONS). ,, Lease/Purchase F~nancmg of Refuse Equipment approved 4-4-00 * Purchase of Automated Refuse Trucks approved 4-18-00 Agenda Information Sheet August 15, 2000 Page 2 PRINCIPAL PLACE OF BUSINESS' H-GAC Toter In¢ Houston, TX Statesvllle, NC ESTIMATED SCHEDULE OF PROJECT: Delivery of the containers can be completed within 60 days FISCAL, INFORMATION These carts or containers will be funded from a Third Party Lease Purchase Agreement approved by Council in April 2000 The lease will be repmd from Sohd Waste Revenue funds over a 36 month time period Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet Attachment 2 Purchase Order 07105 to H-GAC Attachment 3 Quotation from H-GAC 1418 Agenda ATTACHMENT 1 TABULATION SHEET B~d # 2540 Date 7/20/00 WHEEL REFUSE CONTAINERS & LIFT ASSEMBLY NO I Qty I DESCRI~PTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR Otto Equipment= Plasttlc Schaefer Toter, Inc H~GAC TOTER Industries S/W Ommum Zarn Systems Pnnclple Place of Business Charlotte, NC Irving, TX Re~dswlle, NC Stateswlle, NC Charlotte, NC I HOuston, TX LIFT SYSTEM FOR ROLLOUT CARTS 2 SUITABLE FOR $2,398 00 $4,150 00 $2.000 00 $3,100 00 NO B~d NO Bid MOUNTING ON HElL 1 REAR LOADER UNIVERSAL ROLLOUT CARTS 400 APPROXIMATELY ~4 $41 10 NO $38 25 $38 90 $40 22 $35-82 2 GAL UNIVERSAL ROLLOUT CARTS $43 10 NO $40 25 $41 80 $43 99 $40.01 2000 APPROXIMATELY 96 3 GAL EA PRICE PER CART FOR N/A NO $1 25 $1 75 $1 00 $'L75 4 ON SITE ASSEMBLY PRICE PER CART FOR DELIVERY TO EA INDIVIDUAL N/A NO $1 25 $1 00 $2 60 $t.00 RESIDENTIAL 5 CUSTOMER LOCATION Handhng Fee $1,556.65 Freight Included Included Included Included Included Total Cost *$102,640 00 $101,812 00 $105,760 00 $112,708 O0 $105~224.68 *Does not ~nclude assembly or dehvery to Customer s~te ATTACHMENT 2 --~ o~ ~~ ~ o AUG-04-20001 14 ~.? TOTER INC 1704B700734 P 02/02 ATTACHMENT 3 QUOTATION Mr Tom Shaw City of Denton 901 B Texas ~treet Denton, Tx 76201 Dear Tom Toter Incorporated is pleased to quote on your requirements as follows ITEM # DEaCRIPTION QUANTITY ~ 76564 64 Gal Universal Cart 400 $ 35 82 76596 96 Gal Universal Cart 2,000 40 01 Pne. e includes standard color, serial number and 2 hot stamps Assemlsly & delivery on 2,400 carts 2 75 (Any quantity under 2,500 carts -- add '10% ) HGAC Fee 1,55b ~ FREIGHT $3 'lO x mileage par b'u~k, luad F~elglat per [ruck[loa¢l 544 x 5 trucJgoa¢ls ~= $2,720 00 TERMS Net 30 Days DELIVERY :30 - C.-O v, eek~ This quotabon ~s ~ effect for 30 days t~m the above date and supersedes any past quote on ~e same item Tho quoter,tin ia aubject to the ~,tanda~d Tump, & Conditions on ti'la reverse sloe hereof If you have any questions about this quotatierl or our terms, please Call me o~rect, toll free, at (800} 424- 0422 Thank you flor the opportunity te quote your needs at this time Sincerely, $ola~ Servioe Representative Milton Hin~,e Hoqrs PO BO~ 53.~8 · blateSwlle NG 28687 8338 · 841 Mea~ham Road · Stamswlie NC 28677-2~8 · 704-872 8171 · Fa,'( 704-678 0734 Western Division 1880 Industrial Way · t~O Box 7 · Slinger CA 93e~7-0007 · 209-87~ 7130 · Fax 209-~'5 7137 TOTAL P 02 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENT (H-GAC) FOR THE ACQUISITION OF WHEELED REFUSE CONTAINERS BY WAY OF AN INTEl{LOCAL AGREEMENT WITH THE CITY OF DENTON, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID/FILE 2540 - PURCHASE ORDER 07105 TO HGAC/TOTER INC, IN THE AMOUNT OF $105,224 68) WHEREAS, pursuant to Orchnance 95-107, the Houston-Galveston Council Area of Government (H-GAC) has sohmted, receaved, and tabulated compeUttve bids for the pumhase of necessary matenals, equipment, supplies, or services tn accordance wtth the procedures of state law on behalf of the Caty of Denton, and WHEREAS, the Caty Manager or a desagnated employee has revtewed and recommended that the herein described materials, eqmpment, supphes, or serwces can be pumhased by the Caty through the Houston-Galveston Area Council of Government (H- GAC) programs at less cost than the City would expend if b~ddmg these ttems tndavadually, and WHEREAS, the Caty Council has prowded tn the City Budget for the appropnaUon of funds to be used for the purchase of the matenals, equipment, supplies, or services approved and accepted hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered atems tn the followtng numbered pumhase order for materials, equipment, supphes, or services, shown tn the "Purchase Orders" referenced herean and on file m office of the Purchasing Agent, are hereby accepted and approved as beang the lowest responstble bads for such ttems PURCHASE ORDER VENDOR AMOUNT 07105 H-GAC $105,224 68 SECTION II That by the acceptance and approval of the above numbered atems set forth in the referenced purchase orders, the Caty accepts the offer of the persons submattmg the bads to the H-GAC for such items and agrees to purchase the materials, eqmpment, supphes, or servmes m accordance wtth the terms, eondltaons, spemficataons, standards, quantatles and for the specffied sums contamed in the btd documents and related documents filed with the H-GAC, and the purchase orders ~ssued by the City SECTION III That should the Caty and persons submlmng approved and accepted ttems set forth in the referenced purchase orders wash to enter tnto a formal written agreement as a result of the Caty's raUficatlon of bads awarded by the H-GAC, the C~ty Manager or has destgnated representaUve is hereby authorized to execute the written contract whmh shall be attached hereto, provtded that the written contract ts in accordance wath the terms, condltaons, specfficaUons and standards contmned in the Proposal submnted to the H-GAC, quantmes and spemfied sums contatned tn the City's purchase orders, and related documents herean approved and accepted SECTION IV That by the acceptance and approval of the above numbered items set forth in the referenced purchase orders, the Caty Council hereby authorizes the expenditure of funds therefor m the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized hereto SECTION V That th~s ordinance shall become effective ~mmedmtely upon its passage and approval PASSED AND APPROVED th~s day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 07105-HGAC INTERLOCAL COOPERATIVE PURCHASING ORDINANCE (8-00) ~ AgendaNo Agendalte~. . _ , ......... AGENDA INFORMATION SHEET 9at~_ AGENDA DATE. August 15, 2000 Questions concerning ~s acqmsmon may be d~rected DEPARTMENT: Materials M~agement to Ray Wells 349-7108 F~scal ~d Mumc~pal Seduces ~ ACM: Kathy DuBose, SUBJECT: An Ordinance accepting competitive bids and awarding an annual contract for the supply of decorative streethght fixtures, promdmg for the expenditure of funds therefore, and providing an effective date (Bid 2542 - Decorative Streethght Fmtures awarded to Genlyte Sales Dallas in the estimate&amount of $60,000) BID INFORMATION: This bid is for the annual supply of decorative streedlght fixtures These fixtures are offered to subdivision developers as alternates to our standard mercury vapor or high-pressure sodium streethght This fixture is a Victorian pole top mounted unit with black cast aluminum frame, clear acryh¢ globe, and h~gh-pressure sodium lamp It will be installed in the Lakeview Subdlwslon and other areas as selections are made by the developers RECOMMENDATION: We recommend this b~d be awarded to the lowest responsible bidder meeting specffications, Genlyte Sales Dallas, in the amount of $670 00 each The lower offermg from Preferred Sales foaled to meet design reqmrements and the requirement for an acryhc globe PRIOR ACTION/VIEW (COUNCIL~ BOARDS~ COMMISIONS)' The Pubhc Utility Board rewewed flus recommendation on August 14, 2000 PRINCIPAL PLACE OF BUSINESS: Genlyte Sales Dallas Carrolltor~, TX ESTIMATED SCHEDULE OF PROJECT. Shlpmem ~n lots of 30 fixtures can be made ~n 45 days after receipt ora purchase order Agenda Information Sheet August 15, 2000 Page 2 FISCAL INFORMATION These decorative fixtures will be funded from Warehouse Capttal Inventory and charged to the appropriate work order as they are tnstalled Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment I Tabulation Sheet 1419 Agenda ATTACHMENT 1 TABULATION SHEET Bid # 2542 Date 7/18/00 DECORATIVE STREET LIGHT FIXTURES .N.0I Qty I DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR Genlyte Fred Preferred Ubhty Sales Cummins Sales Oberlender Sales Agency Agent Dallas Pnnc~ple Place of Business Dallas, TX Dallas, TX Arlington, TX Dallas, TX Ft Worth, TX DECORATIVE STREET 1 Each LIGHT FIXTURE $670 00 $705 89 $525 00 NO BID NO BID Dehvery 45 Days 56 Days 42-56 Days ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF DECORATIVE STREETLIGHTFIXTURES,PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2542 - DECORATIVE STREETLIGHT FIXTURES AWARDED TO GENLYTE SALES DALLAS IN THE ESTIMATED AMOUNT OF $60,000) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, eqmpment, supplies or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the matermls, equipment, supphes or services as shown in the "B~d Proposals" submitted therefore, and WHEREAS, the City Cotmcll has provided in the City Budget for the appropnationof funds to be used for the purchase of the materials, eqmpment, supplies or services approved and accepted here~n, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "B~d Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM NUMBER NO VENDOR AMOUNT 2542 1 Genlyte Sales Dallas $670 00 each SECTION II That by the acceptance and approval of the above numbered items of the submitted b~ds, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supphes or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained ~n the Bid Invitations, Bid Proposals, and related documents SECTION III That should the City and persons submlttlngapprovedand acceptedltems and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval~ and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contmned ~n the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered ~tems of the submitted b~ds, the City Council hereby authorizes the expenditure of funds therefor ~n the amount and ~n accordance w~th the approved b~ds or pursuant to a written contract made pursuant thereto as authorized here~n SECTION V That th~s ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED th~s day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY SUPPLY ORDINANCE 2000 - BID 2542 ~genda Item~__~ /'~/ AGENDA INFORMATION SHEET Date, '~/ ~'/'~~//~/~ AGENDA DATE August 15, 2000 Questions concerning t~s ~qms~tmn may be d~rected DEPARTMENT' Materials M~agement to Ray Wells 349-7108 ACM' Ka~y D~ose, F~scal ~d M~lclpal Se~ces ~ SUBJECT: An Ordinance accepting competmve bids and awarding an annual contract for the supply of control houses and swltchgear for substaUon construction, providing for the expenditure of funds therefore, and providing an effective date (Bid 2546 - Control Houses and Sw]tchgear awarded to Powell Industries in the est]mated amount of $1,071,000) BID INFORMATION' The addmon of substaUon capacity is reqmred due to DME's loading criteria This annual contract is intended to be utilized for upgrades to the Pockrus/Page Road Substation and construction of the new Teasley Substatmn Power transformers for both projects have been on order since March of 2000 and October of 1999 respectwel¥ An annual contract allows for price protection and Improved dehvery scheduhng for future expansion of substatmn capacity Prospective supphers were asked to bid both single order and finn for one year RECON[MENDATION' We recommend this bid be awarded to the lowest responsible bidder meeUng specifications, Powell Industries as hsted below Item l Configurauon I $288,935 Powell Industries 2 Configuration II $319,177 Powell Industries 3 Configuration III $460,450 Powell Industries 4 Revenue Meter $ 2,510 Powell Industries The lower price offered by Len T Deloney was not firm for one year, did not bid hem 4, ~ncluded a $750 per day assembly charge, and did not meet spec]ftc construction reqmrements PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS) The Pubhc Utility Board reviewed tins reeommendaUon on August 14, 2000 PRINCIPAL PLACE OF BUSINESS: Powell Industries Houston, TX Agenda Information Sheet August 15, 2000 Page 2 ESTIMATED SCHEDULE OF PROJECT. Dehvery of control houses and swttchgear can be accomphshed ~n 140 days after receipt of an order FISCAL INFORMATION. The first acqmsatlon of two configuratton II control houses w~th revenue meters will be funded from Elecmc Revenue Bonds account (654-080-RB00-3620-9217) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchamng Agent Attachment 1 EvaluaUon Sheet 1420 Agenda ATTACHMENT1 BID# 2546 CONTROL HOUSE SWITCHGEAR EVALUTION SHEET BID NAME Control House & Swltchgsar BID OPEN July 20, 2000 Evaluation by Daniel Scoff - Superintendent System Operations Cost Evaluation Summary Table Vendors Powell Industries Lan T Deloney Prlestar Wesco Seeco Total Items f, 2, 3, and 4 $t,07f,072 00 Sf ,056,593 00 $0 00 $0 00 $0 00 Total items lA, 2A, 3A, and 4A ~1.n?1.n?2.on so.no $0.00 $0.0o $0.00 Total Bid Price $2,142,144 00 $t,056,593 00 $0 00 $0 00 $0 00 Cost for Assembly No Cost 750 per day Plus Expenses Lan T Deloney did not follow bid instructions On page three of bid specifications It states Award of the purchase, if any, will be to the lowest quaified bid that meets specification Sufficient information ia required with the bid to allow comparative evaluation Only one vendor will be chosen Evaluation will be by adding the prices together for one complete building of each size including dsllverly and Installation and a full compliment of breakers Design 3 3, 3 4, & 4:3, Roof & Walls shall be on 16" centers Les T Deloney - 24" centers, page 11 of 26 Design 3 8 Doors Shall be 14 gauge galvanized steel - Lan T Deloney Under Equipment supplied and Installed Page 10 of 26 Item 118 gauge Evaluation Factors Delivery Time ARO t40 Days ARO 196 Days ARO NIA N/A NIA Lan T Deloney On page three of bid specifications it states DME Is seeking bids of the purchase of completely asssnbleed and tested substation control buildings as described in this specification Siemens swltchgear Is shipped seprate in sections with a maximum shipping lenth of t 5 feet Control House Specifications I 0 Scope Compliant Non Compliant 2 0 Drawing and Certifications Compliant Compliant $ 0 Design Compliant Non Compliant 4 0 Floor Covering Compliant Compliant 5 0 Exterior L~ghtlng Compllaltt Compliant ~ 0 Grounding Compliant Compliant 7 0 HVAC Compliant Compliant Metal Clad Switchgear Specification i am unable to evaluate Les T Deloney's bid due to not pricing units pre-assemblsd and not providing prices for items IA, 2A, 3A, 4 and 4A Evaluation Rating #t Unable to Evaluate No Bid No Bid No Did ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF CONTROL HOUSES AND SMTCHGEAR FOR SUBSTATION CONSTRUCTION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2546 - CONTROL HOUSES AND SWITCHGEAR AWARDED TO POWELL INDUSTRIES IN THE ESTIIVIATED AMOUNT OF $1,071,000) WHEREAS, the City has solicited, received and tabulated competittve bids for the purchase of necessary materials, eqmpment, supplies or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown m the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided In the City Budget for the appropnatIon of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered ttems in the following numbered bids for matenals, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM NUMBER NO VENDOR AMOUNT 2546 ALL Powell Industnes Exhibit "A" SECTION II That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contmned in the Bid Invitations, Bid Proposals, and related documents SECTION III That should the City and persons submlttmg approved and accepted Items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative IS hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is In accordance with the terms, conditions, specifications, standards, quantities and specified sums contmned in the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered ~tems of the submitted bids, the C~ty Council hereby authorizes the expenditure of funds therefor in the mount and ~n accordance with the approved bids or pursuant to a written contract made pursuant thereto as authonzetl hereto SECTION V That th~s ordinance shall become effecttve ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY SUPPLY ORDINANCE 2000 - BID 2546 EXHIBIT "A" Bid 2546 Control Houses and Switchgear Item 1 Configuration I $288,935 Powell Industries 2. Configuration II $319,177 Powell Indusmes 3 Configuration III $460,450 Powell Industries 4 Revenue Meter $ 2,510 Powell Indusmes ~genda Item~ . AGENDA DATE August 15, 2000 DEPARTMENT Economic Development ACM David Hill, Development Services SUBJECT CONSIDER ADOPTION OF AN ORDINANCE CITY OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN ACCEPTANCE OF AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO A GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM, AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS PROVIDED FOR IN THE GRANT PROGRAM, AND DECLARING AN EFFECTIVE DATE (TxDOT Project No AM2000DNTON, AND TxDOTCSJNo M018DNTON) BACKGROUND On February 18, 1997 the City of Denton entered into an agreement with the Texas Department of Transportation, Aviation Division known as the Routine Airport Maintenance Program (RAMP) The RAMP grant provides for a fifty percent (50%) state- funding match with the local government The grant has a cap of $20,000 of state assistance Tlus is an increase of $10,000 over the original 1997 KAMP grant The Denton Municipal Airport currently has $I 7,000 in matching funds for a total of $34,000 to be apphed toward maintenance projects Airport Staff has identified a potential pavement maintenance project that can be completed with this grant ESTIMATED SCHEDULE OF PROJECT TxDOT IS requesting two signed agreements to be returned expeditiously The State must approve ~ts share of funding prior to the start of the projects It is estimated that all projects will be completed by December 2000 PRIOR ACTION/REVIEW The Caty Attorney's Office has rewewed and approved this ordinance Airport Advisory Board recommends approval ofth~s agreement FISCAL INFORMATION TxDOT is authorizing funding up to $39,000 for pavement mmntenance projects at the A~port The C~ty will use ~ts $17,000 avmlable ~n the grant fund as our fifty-percent match EXHIBITS Ordinance TxDOT Grant Agreement CSJ AM200DNTON Respectfully submitted L~nda Rathff, D~rector/~//' Economm Development Department Prepared by Mark lqe~son Airport Manager ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING 'IHE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ON BEHALF OF TIlE CIFY OF DENTON AN ACCEPTANCE OF AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO A GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM, AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS PROVIDED FOR 1N THE GRANT PROGRAM, AND DECLARING AN EFFECTIVE DATE (TxDOT Project No AM2000DNTON, AND TxDOT CSJ No M018DNTON) 2 HE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS 8F,(]TION 1. The C~ty Manage~ of the City of Denton, or his designee, is hereby authorized to execute on behalf of the C~ty of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for Routme Airport Maintenance Program, a copy of such grant being attached hereto and made a part hereof for ali purposes (the "Grant Agreement") SECTION 2 The City Manager ~s hereby authorized to expend such funds as are provided for m the Grant Agreement ~qRcq TON 3. Ttus ordinance shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED thru the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L P..~....~TY, CITT.~TTORNEY ~I EXAS DEPARTMENT OF TRANSPOR'I ATION GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM (State Assisted Anpo~ t Routine Maintenance) TxDOTPROJECT No AM 2000DNTON TxDOT CSJ No M018DNTON Part I - Ide,rt~ficatmn of the PI oject TO The C,ty of Denton, Texas FROM The State of Texas, act,ng through the Texas Department of Transportation Ttus Grant is made and entered into by and between the Texas Department of Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas, and the City of Denton, Texas, (here,nailer referred to as the "Sponsor") WlTNESSETH WHEREAS, the Sponsor des,res to sponsor a project for the routine mmntenance of a pubhc awatmn facihty, known or to be designated as the AIP, PORT under the ~lransportat,on Code, Chapter 22, and WHEREAS, the project ~s described as a,rport maintenance at the Denton Mumc~paI A~rport, and WHEREAS, the Sponsor hereby applies for a grant for financial assistance, and WHEREAS, the part,es hereto, by th~s Grant, do hereby fix their respective respons,blht,es w,th reference to each other and w:th reference to the accomphshment of sa~d project NOW, THEREFORE, for and in cons,derat~on of the benefits wh,ch wdl accrue to the part,es hereto by virtue of the completion of the project, IT IS MUTUALLY COVENANTED AND AGREED as follows 4 Pm t II - Offer of Fmanc~al Ass:stance For the purposes of this Grant, the annual routine maintenance ploject cost, Amount A, ~s estnnated as found on Attachment A, Scope of Services, and as found on amendments thereto, all being attached hereto and made a pa~l ofth~s G~ ant State financtal assistance granted hereto will be used solely and exclusively for alrpmt maintenance and other me,dental items as approved by the State Actual work to be performed under th~s agreement ~s found on Attachment A, Scope of Services State financial assistance, Amount B, will be for fifty percent (50%) of the eligible project costs for this project or $20,000 00, which ever ~s less, per fiscal year and subject to availability of state approprtatlons The Sponsor may request the State to provide mowing services, such services to be provided at the discretion of the State floweret, Inowmg services will not be eligible for state financial assistance Sponsor will be responsible for 100% of costs of any mowing services Scope of Services, Attachment A, oftlus Grant, may be amended, subject to availability of state funds, to include additional approved airport maintenance work Scope amendments require submittal of an Amended Scope of Services, Attachment A Services will not be accomplished by the State until receipt of Sponsor's share of project costs 2 The State shall determine fair and ehglble project costs for work scope Sponsor% share of estimated project costs, Amount C, shall be as found on Attachment A and any amendments thereto It Is mutually understood and agreed that if, dur, ng the term of thls agreement, the State determines that there is an overrun m the estimated annual routine maintenance costs, the State may increase the grant to cover the amount of overrun w~tlun the aforesmd percentages and subject to the maximum amount of state funding as found ~n Part II, Item I, above The State wdl not authorize expenditures m excess of the dollar amounts ~dentlfied m tl~s Agreement and any amendments hereto, without the consent of the Sponsor 3 Sponsor, by accepting ti'us Grant certifies and, upon request, shall furmsh proof to the State that it has sufficient funds to meet its share of the costs as heretofore stated The Sponsor hereby grants to the State the right to audit any books and records of the Sponsor to verify sa~d funds In additmn, the Sponsor shall disclose the source of all funds for the project and ~ts ab~hty to finance the project Upon executmn of th~s Agreement and written demand by the State, the Sponsor's financml obhgatton (Amount C) shall be due ~n cash and payable m full to the State State 5 may request the Sponsor's financial obhgat,on in pal-tml payments Should the Sponsor fall to pay said obhgat~on, either in whole or in pair, w,thm 30 days of written demand, the State may exercise its rights under Paragraph V-3 he, eof L~kew,se, should the State be unwdhng or unable to pay ,ts obhgat,on in a tm~ely maturer, the failure to pay shall be considered a breach and the Sponsor may exerc,se any rights and reined,es ~t has at law or equity The State shall re,mburse or credit the Sponsor, at the financ, al closure of the project, any excess funds provided by the Sponsor which exceed Sponsoi's share (Amount C) 4 The Sponsor spec,fically agrees that it shall pay any project costs which exceed the amount of flnanoml participation agreed to by the State It is further agreed that the Sponsor will reimburse the State for any payment or payments made hereunder by the State which are in excess of the percentage of financ,al assistance (Amount B) as heietofore stated in Paragraph II-1 5 Scope of Services may be accomphshed by State contracts or through local contracts of the Sponsor as determined approprmte by the State All local contracts must be approved by the State for scope and reasonable cost Reimbursement requests for local contracts shall be subm,tted on forms provided by the State and payment shall be made for no more than 50% of allowable charges The State will not participate ii1 funding for force account work conducted by the Sponsor 6 Th,s Grant shall terrmnate upon complet,on of the scope of services The term of flus grant may be extended by the execution of an Amendment to the Agreement Part IXI ~ Sponsor Responsibxht,es 1 In accepting ttus Grant, the Sponsor guarantees that a ~t will, m the operation of the fac,hty, comply with all apphcable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State ,n connection w~th th,s Grant, and b the .turport or nawgational facihty wtuch ,s the subject of this Grant shall be controlled for a period of at least 20 years, and c consistent with safety and security requirements, :t shall make the mrport or mr navigational facil,ty available to all types, lands and classes of aeronaut,cai use w~thout dlscnrmnat~on between such types, Ends and classes and shall prowde adequate public access dunng the period oftlus Grant, and 6 it shall not grant or permit anyone to exercise an exclusive right for the conduct o£ aeronautical activity on or about an airport landing area Aeronautmal act~vities include, but are not hnnted to scheduled anhne fhghts, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviatmn petroleum products and ae~ml apphcat~ons The land,ng mea consists of' runways or landing strips, taxlways, parking aprons, roads, mrport hghting and navigat~onal rods, and ~t shall not enter into any agreement nor perimt any aucraft to gain direct ground access to the sponsor's mrport from private property adjacent to or m the ~mmedmte area of the airport Further, Sponsor shall not allow aircraft d~rect ground access to private property Sponsor shall be subject to this piohib~t~on, commonly known as a "through-the-fence operation," unless an exceptmn ~s granted m writing by the State due to extreme c~rcumstances, and It shall not permit non-aeronautical use of mrport facilities without prior approval of the State, and the Sponsor shall submit to the State annual statements of a~rport revenues and expenses when requested, and all fees collected for the use of the airport shall be reasonable and nondiscriminatory The proceeds from such fees shall be used solely for the development, operation and maintenance of the a~rport or navigational facihty, and an Airport Fund shall be established by resolution, order or ordinance m the treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund, shall be submitted to the State Such fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances m the account are discernible from other types of moneys identified in the fund as a whole All fees, charges, rents, and money from any source derived from airport operations must be deposited m said Airport Fund and shall not be diverted to the general revenue fund or any other revenue fund of the Sponsor All expenditures from the Airport Fund shall be solely for airport purposes Sponsor shall be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has complied with the requirements of this subparagraph, and following completion of the project where airport lighting is part of a project, the Sponsor shall operate such lighting at least at low lntenmy from sunset to surmse, and insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or 7 in the lmmedmte VlCnnty of the a~lport to heights and actlmtms compatible w~th normal airport operations as provided in Tex Loc Gert Code Ann Sections 241 001 et seq (Vernon and Vernon Supp ) Sponsor shall also acqmre and retain avigatlon easements or other property interests ~n or rights to use of land oi anspace, unless sponsor can show that acquisition and retention of such interest will be m~practlcal or wdl lesult in undue hardslnp to Sponsor Sponsor shall be mehg~ble for a subsequent grant or loan by the State unless Sponsor has, prior to such subsequent approval cfa grant or loan, adopted and passed an mrport hazard zoning ordinance or order approved by the State 2 The Sponsol, to the extent of its legal authority to do so, shall save harmless the State, the State's agents, employees or contractors from all claims and hablhty due to activities of the Sponsor, the Sponsor's agents or employees performed under this agreement The Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the State's agents, employees or contractors from any and all expenses, including attorney fees whlch might be incurred by the State m llttgatmn or otherwise resisting said claim or liabilities winch might be imposed on the State as the result of such activities by the Sponsor, the Sponsor's agents or employees 3 The Sponsor's acceptance of this Offer and ratification and adoption of tins Grant incorporated herein shall be evidenced by execution of this ~nstmment by the Sponsor, as hereinafter provided, and sald Grant shall comprise a contract, constituting the obligations and rights of the State of Texas and the Sponsor w~th respect to the accomplishment of the project and the operatmn and maintenance of the airport If it becomes unreasonable or impractical to complete the project, the State may void tins agreement and release the Sponsor from any further obhgatlon of proJect costs 4 Upon entering into this Grant, Sponsor hereby agrees to name an individual, as the Sponsor's Authorized Representative, who shall be the State's contact w~th regard to th~s project, and which individual shall have the authority to make approvals and disapproval's, and coordinate schedule for work items as required on behalf of the Sponsor 5 Sponsor shall request reimbursement of eligible project costs on forms provided by the State Reimbursement Request will be submitted no more than once a month PART IV - Nomination of the Agent 1 The Sponsor hereby designates the State as the party to receive and d~sburse all funds used, or to be used, in payment of the costs of said project, or in reimbursement to either of the parties hereto for costs incurred 2 The State shall, for all purposes in connection with the project identified above, be the Agent of the Sponsor The Sponsor herewith grants the State a powe~ of attorney to act as its agent to perform the following services a accept, receive, and deposit w~th the State any and all project funds granted, allowed, and paid or made avadable by the Sponsor, the State of Texas, or any other entity, b exercise such supervision and direction of the project work as the State reasonably finds approprmte Where there ~s an lrieconc~lable conflict or difference of opimon, judgment, order or d~rect~on between the State and the Sponsor, and any service provider the State shall ~ssue a written order which shall prevad and be controlhng, c enter into contlacts as necessary for execution of scope of services, d receive, review, approve and pay invoices and payment requests for services and materials supphed in accordance with the State approved contracts, e obtain an audit as may be required by state regulations, f reimburse sponsor for approved contract maintenance costs no more than once a month :PART V - Recitals 1 This Grant is executed for the sole benefit of the contracting parties and is not intended or executed for the direct or incidental benefit of any third party 2 It Is the intent of this grant to not supplant local funds normalIy utilized for airport maintenance, and that any state financial assistance offered under th~s grant be in addmon to those local funds normally dedicated for airport maintenance 3 This Grant is subject to the applicable provisions of the Transportation Code, Chapters 21 and 22, and the A~rport Zoning Act, Tex Loc Govt Code Ann Sections 241 001 et seq (Vernon and Vernon Supp ) Failure to comply w~th the terms of this Grant or with the aforementioned rules and statutes shall be considered a breach of this contract and will allow the State to pursue the remedies for breach as stated below a Of primary importance to the State is compliance with the terms and conditions of this Grant If, however, after all reasonable attempts to require compliance have failed, the State finds that the Sponsor is unwilling and/or unable to comply with any of the terms of this Grant, the State, may pursue any of the follovang remedies (1) require a refund of any financial assistance money expended pursuant 9 to this Grant hereto, (2) deny Sponsor's fiitule zequests foz md, (3) request the Attorney General to br, ng stat seeking rem~bursement of any financml assistance money expended on the project pursuant to tb~s Grant hereto, provided howevei, these remedies shall not hmlt the State's autbortty to enforce its rules, regulations or orders as otherwise provided by law, (4) declare th~s Grant null and void, or (5) any other remedy available at law or m eqmty b Venue for resolution by a court of competent jur~sdiction of any d~spute arising under the terms of this Grant, or for enforcement of any of the provismns of tins Grant, ~s specifically set by Grant of the parties hereto m Traws County, Texas 4 The State leserves the right to amend or withdraw th~s Giant at any t~me prior to acceptance by the Sponsor The acceptance period cannot be greater than 30 days after issuance unless extended by the State 5 Ttus Grant constitutes the full and total understanding of the parties concermng their rights and respons~bd~tles ~n regard to th~s project and shall not be modified, amended, rescinded or revoked unless such modzficatlon, amendment, rescission or revocation ~s agreed to by both parties m writing and executed by both part~es 6 All commitments by the Sponsor and the State hereunder are subject to constitutional and statutory limitations and restrmt~ons binding upon the Sponsor and the State 0ncludtng Sections 5 and 7 of Article 11 of the Texas Constitution, ~f applicable) and to the avatlabdity of funds which lawfully may be apphed l0 Pal t VI - Acceptances Sponsor The City of Denton, Texas, does hereby ratd'y and adopt ali ,,tatements, Iepregentatmns, warrant~es, covenants and agreements constituting the described pioject and incorporated materials refeired to m the fo, egomg Grant, and does hereby accept the Offei, and by such acceptance agrees to all of the terms and conditions of the Grant thereof Executed this day of ., 2000 C,ty of Denton, fexas Sponsor Witness Signature Sponsor Signature Witness Title Sponsor Title Cel tfficate of Attorney I, , acting as attorney for · Texas, do hereby certtfy that I have fully examined the foregoing Grant and the proceedings taken by smd Sponsor relating thereto, and find that the manner of acceptance and execution thereof, of the smd Grant by said Sponsor, is in accordance with the laws of'the State of Texas Dated at , Texas, this day of ,2000 Witness S~gnature Attorney's Signature Witness Title Title Acceptance of the State Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, estabhshed policies o~ work programs and grants heretofore approved and authorized by the Texas Transpmtatmn Commission STATE OF TEXAS TEXAS DEPARTMENT OF I'RANSPORTATION By Date 12 Attachment A Scope of Serwces TxDOT CSJ No 'M018DNTON PAVEMENTS ~$39,000: 19,500I $19,500 PA~NT M~GS { G~ING/D~AGE ~SCELL~OUS - MOWING Total i $39,000 19,500 i $19,500 Accepted by C~t¥of'Denton Texas S~gnature Date Notes (explanattons of any spec~ficatmns or vanances as needed for above scope items). TxDOT to repmr a ramp on the south end and east and perpendicular to the runway to correct base fallu,re 13 CERTIFICATION OF AIRPORT FUND TxDOT CSJ No MO 18DNTON The C~ty of Denton does hereby certify that the 100 022 0019 A~rport I'und CName of Fund) has been estabhshed for the C~ty of Denton, and that all fees, charges, rents, and money from any source derived from mrport operations wdl be deposited fox the benefit of the A~rport Fund and w~ll not be dxverted for otber general revenue fund expenditures or any other specml fund of the C~ty of Denton and that all expenditures from the Fund wdl be solely for mrport purposes Such fund may be an account as part of another fund, but must be accounted for m such a manner that all revenues, expenses, retmned earnings, and balances m the account are dxscermble from other types of moneys ~dent~fied m the fund as a whole The Cxty of Denton, Texas (Sponsor) By. T~tle Assistant City Manager - Finance Date DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE TxDOT CSJNumber M018DNTON I, Michael W. Jez City Manager (Name) . (.T,tle) w~th the C~ty of Denton hereby designate Mark ~'~exson, A:zrport Manager (Name, T~tle) as the C~ty of Denton authorized representative, who shall have the authority to make approvals and d~sapprovals as reqmred on behalf of the C~ty of Denton C~ty of Denton, Texas (Sponsor) By Title Cxty Manager Date DESIGNATED REPRESENTATIVE Mad~ngAddress 5000 Axrport Road Denton, TX 76207 Overnight Mmhng Address Telephone/FaxNumber (940) 349-7702 (940) 349-7289 fax 15 AGENDA INFORMATION SHEET AGENDA DATE: August 15, 2000 DEPARTMENT: Fiscal Operations ACM' Kathy DuBose ~ F~scal and Mumc~pal Serwces /~ SUBJECT Consider approval of a resolut:on o£ the C:ty of Denton, Texas, approwng the 2000-2001 budget of the Denton Central Appraisal District, and declaring an effective date BACKGROUND The Texas Property Tax Code reqmres taxing jurisdictions to approve or d~sapprove their Apprmsal D~stnct budget w~th~n 30 days after ~ts adoption by the Apprmsal District's Board of D~rectors The Apprmsal D~stnct's Board of D~rectors adopted the budget on July 13, 2000 The C~ty's contnbut~on toward the Apprmsal D~stnct's 2001 budget is ~ncluded m the 2000-01 proposed General Fund budget Staff recommends approval of the 2001 proposed Denton Central Apprmsal D~stnct's budget FISCAL INFORMATION The proposed budget contribution reqmred by the C~ty of Denton is $8,079 greater than last year, (2000 allocation = $140,684, 2001 allocatmn = $148,764) The tax umt contributions are based on a percentage of each taxing umt's current year levy Respectfully submitted rtlz Director of Fiscal Operations S \Our Documents~Resolutlons\OO\central appraisal district budget doc RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 2000-2001 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT, AND DECLARING AN EFFECTIVE DATB WHEREAS, the 2000-2001 proposed budget of the Denton Central Apprmsal Dmtnct was submitted to the C~ty of Denton on ~'une 26, 2000, and WHEREAS, the Denton Central Apprmsal D,smct adopted th, s proposed budget on July 13, 2000, and WHEREAS, the proposed budget contmns a hst showing each proposed posmon, the proposed salary for the pomtmn, all benefits proposed for the pomtmn, each proposed capital expenditure, and an esnmate of the amount of the budget that will be allocated to the C~ty of Denton, Texas, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the C~ty Council, pursuant to Artmle 6 06 of the Texas Tax Code, approves the 2000-2001 budget adopted by the Denton Central Appraasal Dmmct SECTION 2 That thru resolunon shall become effeettve tmmedmtely upon ~ts passage and approval PASSED AND APPROVED tins the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY / , ~ ~, ,/- DENTON CENTRAL APPRAISAL DISTRICT 2001 BUDGET TABLE OF CONTENTS I TABLE OF CONTENTS II NOTICE OF PUBLIC HEARING PAGE 1 BUDGET LETTER PAGE 3 SUMMARY OF REVENUE AND EXPENSE BUDGET AND COMPARISON TO THE PRIOR YEAR REVENUE AND EXPENSE BUDGET PAGE 4 EXPENSE BUDGET AND COMPARISON TO THE PRIOR YEAR EXPENSE BUDGET PAGE 5 EXPENSE BUDGET TOTALS BY DEPARTMENT PAGE 6 DEPT #101 ADMINISTRATION - EXPLANATION OF EXPENSES PAGE 15 DEPT #102 MAPPING - EXPLANATION OF EXPENSES PAGE 24 DEPT #103 APPRAISAL SUPPORT - EXPLANATION OF EXPENSES PAGE 33. DEPT #104 DATA PROCESSING - EXPLANATION OF EXPENSES PAGE 42 DEPT #105 OVERHEAD - EXPLANATION OF EXPENSES PAGE 51 DEPT #201 COMMERCIAL - EXPLANATION OF EXPENSES PAGE 60. DEPT #202 LAND - EXPLANATION OF EXPENSES PAGE 69, DEPT #203 PERSONAL PROPERTY - EXPLANATION OF EXPENSES PAGE 78 DEPT #204 RESIDENTIAL - EXPLANATION OF EXPENSES PAGE 87 BUDGET ALLOCATIONS WORKSHEET PAGE 89' CAPITAL EXPENSES PAGE 91 SALARY SCHEDULE ] Notice Of Public Hearing On Denton Central Appraisal District 2001 Budget The Denton Central Appraisal D~stnct w~ll hold a publm heanng on a proposed budget for the 2001 fiscal year The public heanng w~ll be held on July 13, 2000 at 4 00 P M at 3911 Morse Street, Denton, Texas A summary of the appraisal district budget follows The total amount of the proposed budget $4,529 224 83 The total amount of ~ncraase over the current year's budget $ 364 025 29 The number of employees compensated under the proposed budget 65 The number of employees compensated under the current budget 63 The appraisal d~strict ~s supported solely by payments from the local taxing umts served by the appraisal d~strict If approved by the appraisal d~str~ct board of d~rectors at the public heanng, th,s proposed budget w~ll take effect automatically unless disapproved by the governing bodies of the county, school d~stncts, c~t~es and towns served by the appraisal d~stnct A copy of the proposed budget is available for public ~nspecbon ~n the office of each of those governing bodies A copy ~s also available for public ~nspecbon at the appraisal district office Denton Central Appraisal D~stnct 3911 Morse Denton, Texas 76208 (940) 566-0904 DENTON CENTRAL APPRAISAL DISTRICT 3911 MORSE STREET, P O BOX 2816 DENTON, TEXAS 76202-2816 June 14, 2000 To the Board of D~rectors and the taxing junsd~ct~ons served by DCAD, the proposed 2001 Budget ~s hereby submitted The proposed Budget was completed ~n accordance w~th the requ~raments of Texas Property Tax Code Sec 6 06 All schedules and Information required by Sec 6 06 are provided in the proposed Budget A pubhc heanng w~ll be held on the Budget at 4 00 P M on July 13, 2000 ~n accordance with Sec 6 062 and 6 062 In addition to the required schedules and tnformat~on, the proposed Budget contains In depth and specific budget ~nformat~on for each department The ~ndiv~dual departments' budgets are also summarized at the front of the Budget Th~s approach should prowde the reader with substantial cost ~nformat~on about each department We have attempted to prepare a rather comprehensive, yet succinct, Budget to m~n~m~ze the reader's time in rewewlng it In the 2001 Budget we are attempting to address a major ~ssue that we are facing In recent years the loss of employees and the difficulty of replacing them has senously ~mpacted the operations of the District In addressing the problem, we have devoted the ~ncrease ~n the 2001 Budget to personnel services The total of all sections of the 2001 Budget not related to personnel services ~s less than the total of the comparable sections of the 2000 Budget We began working on this ~dea over a year ago and have now mtegreted it ~nto the 2001 Budget The proposed 2001 Budget ~s $4,529,224 Th~s amount is $364,025, or 8 7%, greater than the 2000 Budget total of $4,165,199 As ~ndlcated above, the $364,025 ~ncrease ~s all scheduled for personnel services The major changes m the 2001 Budget are discussed below We have added two new full-bme employees One support employee will be added ~n the Land Department and one ~n the Appraisal Support Department The cost of the two new posit~ons, ~nclud~ng benefits ~s $63,343 We have also added funding for additional part-time labor ~n several departments at a total cost of $20,827 We are finding part-bme employees to be qu~te cost effective The largest ~ncraase ~n personnel services ~s a 5% salary ~ncrease for a]] pos~bons The total cost for this Rem, Including benefits, ~s $131,071 Further, salaries of certain positions ~n various departments were adjusted based on Job d~fficulty and h~stoncal employee turn over ~n the posibons These adjustments cost $64,735, including cost of benefits 1 PHONE (940)566-0904 METRO (972)434-2602 FAX (940)387-4824 Board of Directors and Taxing Junsdlct~ons Page 2 To further enhance our ability to retain employees, we are ~mprowng the longevity pay program Longewty pay has been $10 per month for each year of serv~ce Longewty pay will become $10 per month for each year of service for the first 10 years of service, $15 per month for each year of serwce after 10 years, and $20 per month for each year of service after 20 years The new Iongewty program w~ll increase personnel services cost by $6,759, ~nclud~ng benefits Our attempt to retain employees extends to ~mprov~ng the retirement program The D~stnct ~s a member of the Texas County and D~stnct Retirement System Full-hms employees are required to contribute 6% of their gross pay to the retirement program The D~stnct is currently obligated to match the employees' contnbutmns w~th a 2 to 1 contribution For each dollar the employee contnbutes the D~stnct ~s obligated to contribute two The D~stnct's matching obhgat~on ~s being ~ncreased to 2 25 to 1 The District's cost to enhance the retirement program is $47,437 for 2001 Another enhancement to the rebrsment program ~s funding for a COLA for 2001 The COLA w~ll cost the D~stnct $2,322, which ~s 0 098% of the salary budget The Texas County and District Retirement System provided the cost related ~nformabon for the COLA and w~ll adm~mster the COLA The COLA ~s determined by a CPI that the Retirement System provides The COLA prowded the rebrees by the D~strlct ~s not ~ntended to reflect the CPI as pronounced by the government We have also added workers' compensation coverage for the Board of D~rectors and the Appraisal Rswew Board The pnmary purpose of th~s ~nsurance ~s to pay medical expenses should one of these board members sustain an ~njury wh~le adm~nmtenng their job related duties In matters not perta~mng to personnel services, we have added an overhead department Th~s department ~s comprised of budget ~tems that are not specific to a particular department The major expenses m th~s department are payments to Appraisal Rewew Board members for services, general ~nsurance, legal expenses, ubhtles, pnnt~ng, postage, building improvements and maintenance, funding for a contingency, and debt payments The cost of allocating these expenses to the ~ndlwdual departments would outweigh the benefit of doing ~t The add,ben of the overhead department does not add any expense to the Budget AS indicated, the increase ~n the proposed 2001 Budget ~s for personnel services only The Appraisal D~strict ~s serving one of the fastest growing counties ~n the state Economic growth coupled w~th a very t~ght labor market normally drives up labor costs This is exactly what the Dlstnct ~s expenenc~ng Staff beheves the proposed 2001 Budget provides sufficient resources for the D~stnct to provide the expected services during the 2001 fiscal year For your general ~nformation, we assume you may wish to make cop~es of the proposed 2001 Budget Accord~ng/.l~, we left the document unbound Chief Appraiser SUMMARY OF 2001 REVENUE AND EXPENSE BUDGET AND COMPARISON TO THE 2000 REVENUE AND EXPENSE BUDGET 2000 2001 CLASSIFICATION BUDGET BUDGET REVENUES FUNDING FROM JURISDICTIONS $4,165,199 54 $4,529,224 83 FUNDING FROM APPRAISAL DISTRICT $0 00 $0 00 TOTAL REVENUES $4,165,199 54 $4,529,224 83 EXPENSES TOTAL EXPENSES $4,165,199 54 $4 529,224 83 2001 BUDGET ALL DEPARTMENTS 2000 2001 ACCT # ACCOUNT TITLE BUDGET BUDGET 5'100 PERSONNEL SERVICES 5110 SALARIES $2 126 799 31 $2 361 615 19 5120 LONGEVITY PAY $48 810 00 $59 115 00 5130 SOCIAL SECURITY (FICA) $156 466 98 $174 083 27 5140 RETIREMENT (TCDRS) $135 674 57 $208 184 18 5150 WORKERS COMP INSURANCE $25 592 96 $20 648 87 5160 GROUP HEALTH iNSURANCE $217 176 12 $255~130 20 TOTAL 5100 PERSONNEL SERVICES $271051994 $307877669 5200 EDUCATION & TRAINING 5210 MEMBERSHIPS SUBSCRIPTIONS & DUES $12 438 50 $t3 937 99 5220 TRAINING SCHOOLS CONFERENCES ANDTRAVEL $64~81509 $7534000 TOTAL 5200 EDUCATION&TRAINiNG $77~253 50 $89~277 99 5300 SERVICES RECEIVED 5310 APPRAISAL REVIEW BOARD $45 000 00 $45 000 00 53t5 OIL GAS HEAVY INDUSTRIAL AND UTILITY VALUATION $41 685 00 $42 700 00 5320 GIS SERVICES $0 00 $20 000 00 5325 LEGAL SERVICES $160 000 00 $125 000 00 5330 AUDIT $6 300 00 $6 300 00 5340 DEEDS SALES AND VALUE INFORMATION $57 118 18 $59 121 38 5345 AUTO EXPENSE REIMBURSEMENT $167 600 34 $190 795 68 5350 GENERAL INSURANCE $20 228 00 $19 428 00 5360 PRINTING SERVICE $84 323 75 $75 026 53 5370 POSTAGE & FREIGHT $64 844 00 $96 551 90 5380 LEGAL NOTICES & ADVERTISING $9 000 00 $9 500 00 5390 OFFICE SUPPLIES $51 82g 00 $58 233 05 5396 SALARY SURVEY $0 00 $0 00 TOTAL 5300 SERVICES RECEIVED $727~928 27 $747 656 54 5400 UTILITIES & MAINTENANCE 5410 OFFICE EQUIPMENT MAINTENANCE $16 326 85 $17 489 85 5420 DATA PROCESSING MAINTENANCE $162 022 00 $191 513 00 5430 ELECTRICITY WATER SEWER & SOLID WASTE $47 280 12 $47 260 12 5440 TELEPHONE $34 069 22 $35 209 00 5450 BUILDING & GROUNDS MAINTENANCE $34 356 50 $38 146 50 TOTAL 5400 UTILITIES&MAINTENANCE $29403469 $32961847 5500 CAPITAL OUTLAY 5510 FURNITURE & EQUIPMENT $166 714 00 $58 741 00 5520 BUILDING & LAND iMPROVEMENTS $38 500 00 $35 415 00 TOTAL5500 CAPITAL OUTLAY $205~21400 $94 15600 5600 MISCELLANEOUS 5619 CONTINGENCY $70 000 00 $50 000 00 5620 MISCELLANEOUS $6 90000 $6~900 00 TOTAL 5600 MISCELLANEOUS $76 900 00 $58 900 00 5900 DEBT SERVICE 5910 BUILDING & LAND PAYMENT $73 349 14 $73 349 14 5920 DATA PROCESSING EQUIPMENT PAYMENTS $0 00 $59 490 00 TOTAL 5900 DEBT SERVICE $73 349 14 $132~839 14 TOTAL ALL DEPARTMENTS $4~166~196 54 $4t629~224 8~3 2001 BUDGET 6/131003 45 PM DEPT #101 - ADMINISTRATION 2000 2001 ACCT ACCOUNT TITLE BUDGET BUDGET PERSONNEL SERVICES 5110 SALARIES $300 728 78 $318 915 22 5120 LONGEVITY PAY $8 140 00 $10 525 00 5130 SOCIAL SECURITY (FICA) $23 628 46 $25 202 18 5140 RETIREMENT (TCDRS) $19 767 60 $25 680 91 5150 WORKERS COMP INSURANCE $4 681 70 $3 618 74 5160 GROUP HEALTH INSURANCE $20 683 44 $23 550 48 TOTAL 5100 PERSONNEL SERVICES $377~629 98 $410~492 53 EDUCATION & TRAINING 5210 MEMBERSHIPS SUBSCRIPTIONS & DUES $3 160 00 $3 761 95 5220 TRAINING SCHOOLS CONFERENCES AND TRAVEL $6 820 00 $7~350 00 TOTAL 5200 EDUCATION&TRAINING $998000 $11~111 95 SERVICES RECEIVED 5310 APPRAISAL REVIEW BOARD $0 00 $0 00 5315 O~L GAS HEAVY INDUSTRIAL AND UTILITY VALUATION $0 00 $0 00 5320 GIS SERVICES $0 00 $0 00 5325 LEGAL SERVICES $0 00 $0 00 5330 AUDIT $0 00 $0 00 5340 DEEDS SALES AND VALUE INFORMATION $0 00 $0 00 5345 AUTO EXPENSE REIMBURSEMENT $20 084 64 $22 109 28 5350 GENERAL INSURANCE $0 00 $0 00 5360 PRINTING SERVICE $0 00 $0 00 5370 POSTAGE & FREIGHT $0 00 $0 00 5380 LEGAL NOTICES & ADVERTISING $0 00 $0 00 5390 OFFICE SUPPLIES $0 00 $0 00 TOTAL 5300 SERVICES RECEIVED $20~084 64 $2210928 UTILITIES & MAINTENANCE 5410 OFFICE EQUIPMENT MAINTENANCE $0 00 $0 00 5420 DATA PROCESSING MAINTENANCE $0 00 $0 00 5430 ELECTRICITY WATER SEWER & SOLID WASTE $0 00 $0 00 5440 TELEPHONE $0 00 $0 00 5450 BUILDING & GROUNDS MAINTENANCE $0 00 $0 00 TOTAL 5400 UTILITIES & MAINTENANCE $0 00 $0 00 CAPITAL OUTLAY 5510 FURNITURE & EQUIPMENT $32 024 00 $2 006 00 5520 BUILDING & LAND IMPROVEMENTS $0 00 $0 00 TOTAL 5500 CAPITAL OUTLAY $32 024 00 $2~000 00 MISCELLANEOUS 5610 CONTINGENCY $0 00 $0 00 5620 MISCELLANEOUS $0 00 $0 00 TOTAL 5600 MISCELLANEOUS $0 00 $0 00 DEBT SERVICE 5910 BUILDING & LAND PAYMENT $0 00 $0 00 5920 DATA PROCESSING EQUIPMENT $0 00 $0 00 TOTAL 5900 DEBT SERVICE $0 00 $0 00 TOTAL DEPT #101 ADMINISTRATION $439 718 62 $445 713 76 2001 BUDGET DEPT #101 - ADMINISTRATION 5100 - PERSONNEL SERVICES 2000 2001 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #5110 SALARIES S300 728 78 $318 913 22 St8 t86 44 THERE ARE 8 FULL TIME POSITIONS IN THIS DEPARTMENT FULL TIME SALARIES $31 $ 769 22 PART TIME SALARIES $31t00 00 TOTAL ACCOUNT #0110 $3181915 22 ACCT #6120 LONGEVITY PAY $814000 $1052800 $2,38500 DCAD RECOGNIZES CONTINUED SERVICE WITH LONGEVITY PAY LONGEVITY IS CALCULATED AS FOLLOWS 1 10 YEARS OF SERVICE $10 PER MONTH FOR EACH YEAR OF SERVICE 11 20 YEARS OF SERVICE $15 PER MONTH FOR EACH YEAR OF SERVICE 20+ YEARS OF SERVICE $20 PER MONTH FOR EACH YEAR OF SERVICE TOTAL ACCOUNT #0120 $101525 00 ACCT #6130 SOCIAL SECURITY (FICA) $23,62846 $2528218 $10;'372 SOCIAL SECURITY IS CALCULATED ON BOTH FULL AND PART TIME SALARIES CERTAIN EMPLOYEES DO NOT CONTRIBUTE FiCA TOTAL ACCOUNT #5130 $25120218 ACCT #6140 RETIREMENT (TCDRS) $1976760 $2868091 $891331 RETIREMENT IS APPLICABLE ONLY TO FULL TIME EMPLOYEES RETIREMENT IS 8 79% OF GROSS PAY TOTAL ACCOUNT #0140 $28t680 91 ACCT #5150 WORKERS COMP INSURANCE $4 681 ?0 $3 618 74 ($1 062 96) THE DISTRICT PAYS WORKERS COMPENSATION PREMIUMS ON ALL FULL AND PART TIME EMPLOYEES AND ON THE BOARD OF DIRECTORS AND APPRAISAL REVIEW BOARD MEMBERS TOTAL ACCOUNT #5100 $31618 74 ACCT #5160 GROUP HEALTH INSURANCE $2068344 $2355048 $286704 GROUP HEALTH INSURANCE IS PROVIDED TO ALL FULL TIME EMPLOYEES TOTAL ACCOUNT #5160 $231550 48 TOTAL 5100 - PERSONNEL SERVICES $377,629 98 $410,492 53 $32,862 SE 2001 BUDGET DEPT #101 - ADMINISTRATION 5200 - EDUCATION & TRAINING 2000 200t INCREASE OR ~_ Lz~e_ _~!FICATION BUDGET BUDGET DECREASE ACCT #5210 MEMBERSHIPS, 8UB$C & DU ES $3~160 00 $3,76195 $60105 THIS ACCOUNT I$ CHARGED FOR ALL MEMBERSHIPS AND DUE$ AND SUBSCRIPTIONS TO EDUCATIONAL MEDIA TOTAL ACCOUNT IM210 $3r761 05 ACCT.220 TRAINING SCHOOLS CONFERENCE$&TRAVEL $6,82000 $7~35000 $03000 THIS ACCOUNT IS CHARGED FOR ALL EDUCATIONAL RELATED TRAINING AND TRAVEL TOTAL ACCOUNT #0220 $71300 00 TOTAL 5200 - EDUCATION & TRAINING $9,980 00 $11 111 95 $1,131 95 2001 BUDGET DEPT #101 - ADMINISTRATION 5300 - SERVICES RECEIVED 2000 2001 INCREASE OR CLASSII=ICATION GUDGET GUDGET DECREASE ACCT #~310 APPRAISAL REVIEW BOARD $000 $000 $000 THrS BUDGET ITEM IS CHARGED FOR PAYMENTS TO THE 12 M EMBER ARB PANEL FOR WORK PERFORMED DURING THE MANDATED EQUALIZATION PROCESS TH~S ACCOUNT IS APPLICABLE ONLY TO TH;; OVERHEAD DEPARTMENT TOTAL ACCOUNT ~310 $0 00 ACCT #~310 OIL, GAS, HEAVY INDUSTRIAL AND UTILITY VALUATION $0 00 $0 00 $0 00 THIS BUDGET ITEM IS FOR CONTRACTED SERVICES THIS ITEM WAS RE BIG IN DECEMGER 1999 FOR 2000 AND 2001 THIS ACCOUNT IS APPLICABLE ONLY TO THE PERSONAL PROPERTY DEPARTMENT TOTAL ACCOUNT #5310 $0 00 ACCT #~i320 Gl8 8ERVICEG $0 00 $0 00 $0 00 THIS BUDGET ITEM IS A PRORATED SHARE OF AERIAL COSTS THIS ACCOUNT IS APPLICABLE ONLY TO THE MAPPING/GIS DEPARTMENT TOTAL ACCOUNT #5320 $0 00 ACCT #~320 LEGAL SERVICE8 $0 00 $0 00 $0 00 THIS BUDGET ITEM IS CHARGED FOR ALL LEGAL EXPENSES ASSOCIATED WITH DEFENDING VALUES THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT ~325 $0 00 ACCT #~350 AUDIT $000 $000 $000 THIS BUDGET ITEM IS FOR THE ANNUAL AUDIT THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #~30 $0 00 ACCT #0340 DEED, SALES AND VALUE INFORMATION $0 00 $0 00 $0 00 THIS BUDGET ITEM IS CHARGED FOR EXPENSES INCURRED TO OBTAIN OWNERSHIP SALES AND VALUE INFORMATION TOTAL ACCOUNT #5340 $0 00 ACCT #0S45 AUTO EXPENSE REIMBURSEMENT $2008464 $2210928 $202464 THiS BUDGET ~TEM IS TO COMPENSATE EMPLOYEES FOR THE USE OF THEIR PRIVATELY OWNED VEHICLES DURING THE PERFORMANCE OF THEIR JOB DUTIES TOTAL ACCOUNT #5345 $221100 20 2001 BUDGET DEPT #101 - ADMINISTRATION 5300 - SERVICES RECEIVED (continued) 2000 2oo~ ~.CBEASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #~3E0 GENERAL INSURANCE $000 $000 $000 ALL INSURANCE EXCEPT GROUP HEALTH AND WORKERS COMPENSATION IS CHARGED TO THIS ACCOUNT THIS ACCOUNT iS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT 1/5350 $0 00 ACCT #~360 PRINTING SERVICES $000 $0(}0 THIS ACCOUNT IS CHARGEO FOR ALL ITEMS THAT ARE PRINTED AND MAILED ITEMS THAT ARE PRINTED AND CONSUMEO WITHIN THE BUILDING ARE CHARGED TO OFFICE SUPPLIES THIS ACCOUNT iS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5360 $0 00 ACCT #8370 POSTAGE AND FREIGHT $000 $000 $000 THIS ITEM iS CHARGED FOR ALL ITEMS THAT ARE MAILED WE ARE ANTICIPATING AN EXPENSE INCREASE DUE TO AN EXPECTED POSTAGE RATE INCREASE AND DUE TO THE ~NCREASE IN THE NUMBER OF ACCOUNTS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5370 $000 ACCT #5380 LEGAL NOTICES & ADVERTISING $000 $000 THIS ACCOUNT IS CHARGED FOR AOVERTISEMENTS IN NEWSPAPERS CONCERNING EXEMPTION MATTERS SUCH AS HOMESTEADS OVER 65 DISABLED VETERANS AND PRODUCTIVITY VALUATION MATTERS OTHER ADVERTISEMENTS HAVE TO DO WITH APPRAISAL REVIEW NOTICES MISCELLANEOUS CLASSIFIED ADVERTISING AND INVITATIONS TO BID THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #53110 $0 00 ACCT ff~$20 OFFICE SUPPLIES $000 $000 $000 THE OFFICE SUPPLY BUDGET IS COMPRISED OF EXPENSES INCURRED FOR TRADITIONAL OFFICE SUPPLY ITEMS TOTAL ACCOUNT #5390 $0 00 TOTAL 5300 - SERVICES RECEIVED $20 084 64 $22,1(]9 28 $2,024 64 ]o 2001 BUDGET DEPT #101 - ADMINISTRATION 5400 - UTILITIES AND MAINTENANCE 2000 2001 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #6410 OFFICE EQUIPMENT MAINTENANCE $000 $000 $000 MAINTENANCE OF ALL OFFICE EQUIPMENT EXCEPT THE PRIMARY COMPUTER PERIPHERAL DEVICES AND PERSONAL COMPUTERS IS CHARGED TO THIS ACCOUNT CHARGES TO THIS ACCOUNT ARE FOR COPIERS CALCULATORS FORM BURSTERS FOLDERS ETC TOTAL ACCOUNT #5410 $0 OO ACCT ~E420 DATA PROCESSING MAINTENANCE $000 $000 $000 THIS ACCOUNT IS COMPRISED OF BOTH DATA PROCESSING HARDWARE AND SOFTWARE MAINTENANCE BOTH ITEMS ARE CHARGED TO THIS ACCOUNT SO THAT THE TOTAL COST OF DATA PROCESSING WILL BE SHOWN IN ONE ACCOUNT THIS ACCOUNT IS APPLICABLE ONLY TO THE DATA PROCESSING DEPARTMENT TOTAL ACCOUNT #5420 $0 00 ACCT #5430 ELECTRICITY WATER, SEWER AND 8OLID WASTE $0 00 $0 00 $0 00 THIS BUDGET ITEM IS FOR THE DISTRICT*S CITY PROVIDED UTILITIES THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5430 $0 00 ACCT #~440 TELEPHONE $000 $000 $000 THIS BUDGET ITEM IS FOR THE DISTRICT*S TELEPHONE EXPENSE THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #~440 $0 00 ACCT #~450 BUILDING AND GROUNDS MAINTENANCE $0 00 $0 00 $0 00 THIS BUDGET ITEM COMPRISES ALL BUILDING AND GROUNDS MAINTENANCE THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT f~4O0 $00O i TOTAL 5400 UTILITIES AND MAINTENANCE $0 00 $0 00 $0 00 Il 2001 BUDGET DEPT #101 - ADMINISTRATION 5500 - CAPITAL OUTLAY 2000 2001 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREAEE ACCT EMI0 FURNITURE AND EQUIPMENT $32,024 00 $2 000 00 ($30 024 AN ASSET SCHEDULE APPEARS AT THE SACK OF THE BUDGET TOTAL ACCOUNT #$810 $2 00O 00 ACCT #$520 BUILDING AND LAND IMPROVEMENTS $000 $000 $000 THiS BUDGET ITEM iS CHARGED FOR VARIOUS BUILDING AND LAND IMPROVEMENTS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT ~20 $0 00 TOTAL 5500 - CAPITAL OUTLAY $32,024 00 $2,000 00 1530,024 ]2 2001 BUDGET DEPT #101 - ADMINISTRATION 5600 - MISCELLANEOUS 2000 2001 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #0610 CONTINGENCY $000 $000 THE FUNOB IN THIS BUDGET ITEM ARE APPROPRIATED FOR UNANTICIPATED EXPENDITURES ALL ANTICIPATED EXPENDITURES ARE BUDGETED IN SPECIFIC ACCOUNTS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5610 $0 00 ACCT #$620 MISCELLANEOUS $000 $000 $000 THIS ACCOUNT IS FOR ITEMS THAT WILL NOT FIT WELL IN ANOTHER CATEGORY THIS ACCOUNT IS APPLICABLE ONLY TO THS OVERHEAO DEPARTMENT TOTAL ACCOUNT #~620 $000 TOTAL 5600 - MISCELLANEOUS $0 00 $0 00 $0 00 2001 BUDGET DEPT #101 · ADMINISTRATION 5900 - DEBT SERVICE 2000 2001 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #5910 BUILDING AND LAND PAYMENT $0 00 $0 00 $0 00 THIS ACCOUNT IS CHARGED FOR THE PAYMENTS ON THE APPRAISAL DISTRICT'S BUILDING AND LAND NOTE THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT S5910 S0 00 ACCT #$920 DATA PROCESSING EQUIPMENT PAYMENTS $000 $000 $000 THIS ACCOUNT IS CHARGED FOR THE PAYMENTS ON THE APPRAISAL DISTRICT'S PRIMARY COMPUTER SYSTEM THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #0910 $0 00 TOTAL 5900 - DEBT SERVICE $0 00 $0 00 $0 00 DEPARTMENT TOTAL I $430 718 62 I I $445 710 76 I I $5 995 14 14 2001 BUDGET 6/13/003 47 PM DEPT #102 - MAPPING 2000 2001 ACCT ACCOUNT TITLE BUDGET BUDGET PERSONNEL SERVICES 5110 SALARIES $279 358 67 $324 335 49 5120 LONGEVITY PAY $4 810 00 $5 260 00 5130 SOCIAL SECURITY (FICA) $18 286 61 $21 141 16 5140 RETIREMENT (TCCRS) $17 158 44 $26 560 33 5150 WORKERS' COMP INSURANCE $1 335 59 $1 120 62 5160 GROUP HEALTH ~NSURANCE $31~025 16 $35 325 72 TOTAL5100 PERSONNEL SERVICES $351 97447 $413~74333 EDUCATION & TRAINING 5210 MEMBERSHIPS SUBSCRIPTIONS & DUES $325 90 $325 00 5220 TRAINING SCHOOLS, CONFERENCES AND TRAVEL $16 000 00 $16~200 00 TOTAL 5200 EDUCATION&TRAINING $1632500 $16~525 00 SERVICES RECEIVED 5310 APPRAISAL REVIEW BOARD $0 00 $0 00 5315 OIL GAS HEAVY INDUSTRIAL AND UTILITY VALUATION $0 00 $0 00 5320 GIS SERVICES $0 00 $20 000 00 5325 LEGAL SERVICES $0 00 $0 00 5330 AUDIT $0 00 $0 00 5340 DEEDS SALES AND VALUE INFORMATION $25 161 00 $25 161 00 5345 AUTO EXPENSE REIMBURSEMENT $2 231 52 $2 456 64 5350 GENERAL INSURANCE $0 00 $0 00 5360 PRINTING SERVICE $0 00 $0 00 5370 POSTAGE & FREIGHT $0 00 $0 00 5380 LEGAL NOTICES & ADVERTISING $0 00 $0 00 5390 OFFICE SUPPLIES $5 733 00 $10 261 05 TOTAL 5300 SERVICES RECEIVED $3312552 $57~878 59 UTILITIES & MAINTENANCE 5410 OFFICE EQUIPMENT MAINTENANCE $6 731 85 $5 990 85 5420 DATA PROCESSING MAINTENANCE $0 00 $0 90 5430 ELECTRICITY WATER SEWER & SOLID WASTE $0 00 $0 00 5440 TELEPHONE $0 00 $0 00 5450 BUILDING & GROUNDS MAINTENANCE $0 00 $0 00 TOTAL 5400 UTILITIES & MAINTENANCE $6~731 85 $5 990 85 CAPITAL OUTLAY 5510 FURNITURE & EQUIPMENT $4 950 00 $2 100 00 5520 BUILDING & LAND IMPROVEMENTS $0 O0 $0 00 TOTAL 5500 CAPITAL OUTLAY $4 050 00 $2 100 00 MISCELLANEOUS 5610 CONTINGENCY $9 00 $0 00 5620 MISCELLANEOUS $0 00 $0 00 TOTAL 5600 MISCELLANEOUS $000 $000 DEBT SERVICE 5910 BUILDING & LAND PAYMENT $0 O0 $0 00 5920 DATA PROCESSING EQUIPMENT $0 00 $0 00 TOTAL 5900 DEBT SERVICE $0 O0 $0 00 TOTAL DEPT #102 MAPPING $41310684 $49623787 2001 BUDGET DEPT #102 - MAPPING 5100 - PERSONNEL SERVICES 2000 2001 INCREAEE OR CLASSIFICATION BUDGET BUDGET DECREAEE ACCT #B110 SALARIES $27935867 $32433549 $4497682 THERE ARE 9 FULL TIME POSITIONS IN THIS DEPARTMENT FULL TIME SALARIES $296,905 29 PART TIME SALARIES $27~430 20 TOTAL ACCOUNT #5110 $324f335 42 ACCT #B120 LONGEVITY PAY $4,81000 $526000 $45{)00 DCAD RECOGNIZES CONTINUED SERVICE WITH LONGEVITY PAY LONGEVITY IS CALCULATED AS FOLLOWB 1 10 YEARS OF SERVICE $10 PER MONTH FOR EACH YEAR OF SERVICE 11 20 YEARS OF SERVICE $15 PER MONTH FOR EACH YEAR OF SERVICE 20+ YEARS OF SERVICE $20 PER MONTH FOR EACH YEAR OF SERVICE TOTAL ACCOUNT #5120 $51260 O0 ACCT#5130 8OCIALSECURITY(FICA) $1820661 $21 141 16 $2,85450 SOCIAL SECURITY IS CALCULATED ON BOTH FULL AND PART TIME SALARIES CERTAIN EMPLOYEES {30 NOT CONTRIBUTE FICA TOTAL ACCOUNT #6130 $21r141 16 ACCT #S140 RETIREMENT (TCDRS) $1715844 $2656033 $940189 RETIREMENT IS APPLICABLE ONLY TO FULL TIME EMPLOYEES RETIREMENT IS 8 70% OF GROSS PAY TOTAL ACCOUNT #0140 I~20r600 33 ACCT#$1E0 WORKERS' COMP INSURANCE $1 33559 $1 12062 ($21407) THE DISTRICT PAYS WORKERS COMPENSATION PREMIUMS ON ALL FULL AND PART TiME EMPLOYEES AND ON THE BOARD OF DIRECTORS AND APPRAISAl. REVIEW BOARD MEMBERS TOTAL ACCOUNT ~150 $1 r120 62 ACCT #$160 GROUP HEALTH INSURANCE $31,025 16 $3532572 $430056 GROUP HEALTH INSURANCE IS PROVIDED TO ALL FULL TIME EMPLOYEES TOTAL ACCOUNT #5160 $35r326 72 TOTAL 5100 - PERSONNEL SERVICES $351,974 47 $413,743 33 $61,768 86 2001 BUDGET DEPT #102 - MAPPING 5200 - EDUCATION & TRAINING 2000 200t INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #52¶0 MEMBEREHIPS 8UBSC & DUEE $325 00 $325 00 $0 00 THIS ACCOUNT IS CHARGED FOR ALL MEMBERSHIPS AND DUES AND SUBSCRIPTIONS TO EDUCATIONAL MEDIA TOTAL ACCOUNT #S210 $325 00 ACCT.220 TRAINING ECHOOLS, CONFERENCES&TRAVEL $16000130 $1620000 $2001~0 THIS ACCOUNT IS CHARGED FOR ALL EDUCATIONAL RELATED TRAINING AND TRAVEL TOTAL ACCOUNT #5220 $16~2{30 00 TOTAL 5200 - EDUCATION & TRAINING $16 325 00 $16,525 00 $200 00 2001 BUDGET DEPT #102 - MAPPING 5300 - SERVICES RECEIVED 2000 200t INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT ~3'10 APPRAISAL REVIEW BOARD $000 $000 $000 THiS BUDGET ITEM IS CHARGED FOR PAYMENTS TO THE 12 MEMBER ARS PANEL FOR WORK PERFORMED DURING THE MANDATED EQUALIZATION PROCESS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5510 $0 00 ACCT ##318 OIL, GAS, HEAVY INDUSTRIAL AND UTILITY VALUATION $0 00 $0 O0 $0 00 THIS BUDGET ITEM IS FOR CONTRACTED SERVICE8 THIS ITEM WAS RE BID IN DECEMBER 1999 FOR 2000 AND 2001 THIS ACCOUNT IS APPLICASLE ONLY TO THE PERSONAL PROPERTY DEPARTMENT TOTAL ACCOUNT #~315 $0 00 ACCT #0320 GIS SERVICES $000 $2000000 $2000000 THIS BUDGET ITEM IS A PRORATED SHARE OF AERIAL COSTS THIS ACCOUNT IS APPLICABLE ONLY TO THE MAPPrNG/GIS DEPARTMENT TOTAL ACCOUNT #~320 $201000 00 ACCT #5325 LEGAL SERVICE8 $000 $000 $000 THiS BUDGET ITEM IS CHARGED FOR ALL LEGAL EXPENSES ASSOCIATED WITH DEFENDING VALUES THiS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5325 $0 00 ACCT #~330 AUDIT $000 $000 $000 THIS BUDGET ITEM IS FOR THE ANNUAL AUDIT THIS Ai~COUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5330 $0 00 ACCT #0340 DEED, SALES~ AND VALUE INFORMATION $2018100 $2518100 $000 THIS BUDGET ITEM ~S CHARGED FOR EXPENSES INCURRED TO OBTAIN OWNERSHIP SALES AND VALUE INFORMATION TOTAL ACCOUNT ft~340 $25t161 00 ACCT.40 AUTO EXPENSE REIMBURSEMENT $2231 52 $2,45664 $22512 THIS BUDGET ITEM IS TO COMPENSATE EMPLOYEES FOR THE USE OF THEIR PRIVATELY OWNED VEHICLES DURING THE PERFORMANCE OF THEIR JOB DUTIES TOTAL ACCOUNT #5345 $2[456 64 18 200'1 BUDGET DEPT #102 - MAPPING 5300 - SERVICES RECEIVED (continued) 2000 2oo~ ~NCREASE OR CLASSIFISATION BUDGET BUDGET DECREASE ACCT #~350 GENERAL INSURANCE $000 $000 $000 ALL INSURANCE EXCEPT GROUP HEALTH AND WORKERS COMPENSATION IS CHARGED TO THIS ACCOUNT THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5350 $0 00 ACCT #$380 PRINTING SERVICES $000 $000 $000 THIS ACCOUNT IS CHARGED FOR ALL iTEMS THAT ARE PRINTED AND MAILED iTEMS THAT ARE PRINTED AND CONSUMED WITHIN THE BUILDING ARE CHARGED TO OFFICE SUPPLIES THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5360 $0 00 ACCT #~370 POSTAGE AND FREIGHT SOD0 $000 $000 THIS ITEM IS CHARGED FOR ALL ITEMS THAT ARE MAILED WE ARE ANTICIPATING AN EXPENSE INCREASE DUE TO AN EXPECTED POSTAGE RATE INCREASE AND DUE TO THE INCREASE IN THE NUMBER OF ACCOUNTS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #53?0 $0 00 ACCT #5380 LEGAL NOTICES & ADVERTISING $000 $000 $000 THIS ACCOUNT IS CHARGED FOR ADVERTISEMENTS IN NEWSPAPERS CONCERNING EXEMPTION MATTERS SUCH AS HOMESTEADS OVER-65 DISABLED VETERANS AND PRODUCTIVITY VALUATION MATTERS OTHER ADVERTISEMENTS HAVE TO DO WITH APPRAISAL REVIEW NOTICES MISCELLANEOUS CLASSIFIED ADVERTISING AND iNVITATIONS TO BID THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #531~0 $0 00 ACCT #5390 OFFICE SUPPLIES $573300 $1028100 $452805 THE OFFICE SUPPLY BUDGET IS COMPRISED OF EXPENSES INCURRED FOR TRADITIONAL OFFICE SUPPLY ITEM8 TOTAL ACCOUNT #5390 $t 01261 05 TOTAL 5300 SERVICES RECEIVED $3312552 $5787869 $24,75317 19 2001 BUDGET DEPT #102 - MAPPING 5400 - UTILITIES AND MAINTENANCE 2000 200t INCREASE OR CLASEIFICATION BUDGET BUDGET DECREASE ACCT#5410 OFFICE EQUIPMENT MAINTENANCE $6731 85 $699085 ($74t 00} MAINTENANCE OF ALL OFFICE EQUIPMENT EXCEPT THE PRIMARY COMPUTER PERIPHERAL DEVICES AND PERSONAL COMPUTERS IS CHARGED TO THIS ACCOUNT CHARGES TO THIS ACCOUNT ARE FOR COPIERS CALCULATORS FORM BURSTERS FOLDERS ETC TOTAL ACCOUNT #5410 $5r960 85 ACCT ~420 DATA PROCESSING MAINTENANCE $000 $000 THIS ACCOUNT iS COMPRISED OF BOTH DATA PROCESBING HARDWARE AND SOFT~NARE MAINTENANCE BOTH ITEMS ARE CHARGED TO THIS ACCOUNT SO THAT THE TOTAL COST OF DATA PROCESSING WILL BE SHOWN IN ONE ACCOUNT THIS ACCOUNT IS APPLICABLE ONLY TO THE DATA PROCESSING DEPARTMENT TOTAL ACCOUNT #5420 $0 ACCT #M30 ELECTRICITY WATER, 8EWER AND SOLID WASTE $0 00 $0 00 $0 00 THIS BUDGET ITEM IS FOR THE DISTRICT'S CITY PROVIDED UTILITIES THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #~430 $0 O0 ACCT #5440 TELEPHONE $0 00 $0 00 $0 00 THIS BUDGET ITEM IS FOR THE DISTRICT'S TELEPHONE EXPENEE THIS ACCOUNT ~S APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5440 $0 00 ACCT #5460 BUILDING AND GROUNDS MAINTENANCE $600 $000 $000 THIS BUDGET ITEM COMPRISES ALL BUILDING AND GROUNDS MAINTENANCE THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5460 $0 TOTAL 5400 UTILITIES AND MAINTENANCE $6,731 85 $5,990 85 15741 00) 2001 BUDGET DEPT #102 - MAPPING 5500 - CAPITAL OUTLAY INCREASE OR CLASSIFICATION DECREASE ACCT #$510 FURNITURE AND EQUIPMENT $495000 $210000 ($285000) AN ASSET SCHEDULE APPEARS AT THE BACK OF THE BUDGET TOTAL ACCOUNT #5010 $2f100 O0 ACCT #$520 BUILDING AND LAND IMPROVEMENT5 $000 $000 $000 THIS BUDGET ITEM IS CHARGED FOR VARIOUS BUILDING AND LAND IMPROVEMENTS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5520 $0 O0 TOTAL 5500 - CAPITAL OUTLAY $4 950 00 $2 100 00 ($2 850 00) 2! 2001 BUDGET DEPT #102 - MAPPING 5600 - MISCELLANEOUS 2000 2001 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT ~610 CONTINGENCY $000 $000 $000 THE FUNDS IN THIS BUDGET ITEM ARE APPROPRIATED FOR UNANTICIPATED EXPENDITURES ALL ANTICIPATED EXPENDITURES ARE BUDGETED IN SPECIFIC ACCOUNTS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #S810 $0 00 ACCT 1~620 MISCELLANEOUS $0 00 $0 00 $0 00 THIS ACCOUNT IS FOR ITEMS THAT WILL NOT FIT WELL IN ANOTHER CATEGORY THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5820 $0 00 TOTAL 5600 ' MISCELLANEOUS $0 00 $0 00 $0 00 2001 BUDGET DEPT #102 - MAPPING 5900 - DEBT SERVICE 2000 2001 iNCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #5910 BUILDING AHD LAND PAYMENT $0 00 $0 00 $0 00 THIS ACCOUNT IS CHARGED FOR THE PAYMENTS ON THE APpRAiSAL DISTRICT S BUILDING AND LAND NOTE THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5010 $0 00 ACCT #8920 DATA PROCESSING EQUIPMENT PAYMENTS $000 $000 $000 THIS ACCOUNT IS CHARGED FOR THE PAYMENTS ON THE APPRAISAL DISTRICT S PRIMARY COMPUTER SYSTEM THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5910 $000 TOTAL 5900 - DEBT SERVICE $0 00 $0 00 $0 00 DEPARTMENT TOTAL I $413106841 I $49623787 I I $8313103] 2001 BUDGET 6/13/00 351 PM DEPT #103 - APPRAISAL SUPPORT 2000 2001 ACCT ACCOUNT TITLE BUDGET BUDGET PERSONNEL SERVICES 5110 SALARIES $212 227 18 $267 735 99 5120 LONGEVITY PAY $5 230 00 $6 555 00 5130 SOCIAL SECURITY (FICA) $16 635 47 $20 983 26 5140 RETIREMENT (TCDRS) $13 711 59 $23 721 28 5150 WORKERS COMP iNSURANCE $1 022 05 $932 59 5160 GROUP HEALTH INSURANCE $27 577 92 $35~325 72 TOTAL 5100 PERSONNEL SERVICES $27640421 $355~253 84 EDUCATION & TRAINING 5210 MEMBERSHIPS SUBSCRIPTIONS & DUES $250 00 $375 00 5220 TRAINING SCHOOLS CONFERENCES AND TRAVEL $5 250 00 $5 250 00 TOTAL 5200 EDUCATION&TRAINING $5~500 00 $562500 SERVICES RECEIVED 5310 APPRAISAL REVIEW BOARD $0 00 $0 00 5315 OIL GAS HEAVY INDUSTRIAL AND UTILITY VALUATION $0 00 $0 00 5320 GIS SERVICES $0 00 $0 00 5325 LEGAL SERVICES $0 00 $0 00 5330 AUDIT $0 00 $0 00 5340 DEEDS SALES AND VALUE INFORMATION $0 00 $0 00 5345 AUTO EXPENSE REIMBURSEMENT $9 339 78 $10 295 16 5350 GENERAL INSURANCE $0 00 $0 00 5380 PRINTING SERVICE $0 00 $0 00 5370 POSTAGE & FREIGHT $0 00 $0 00 5380 LEGAL NOTICES & ADVERTISING $0 00 $0 00 5390 OFFICE SUPPLIES $0 00 $0 00 TOTAL 5300 SERVICES RECEIVED $933978 $1029516 UTILITIES & MAINTENANCE 5410 OFFICE EQUIPMENT MAINTENANCE $0 00 $0 00 5420 DATA PROCESSING MAINTENANCE $0 00 $0 00 5430 ELECTRICITY WATER SEWER & SOLID WASTE $0 00 $0 00 5440 TELEPHONE $0 00 $0 00 5450 BUILDING & GROUNDS MAINTENANCE $0 00 $0 00 TOTAL 5400 UTiLITIES&MAINTENANCE $000 $000 CAPITAL OUTLAY 5510 FURNITURE & EQUIPMENT $17 218 00 $4 125 00 5520 BUILDING & LAND IMPROVEMENTS $0 00 $0 00 TOTAL 5500 CAPITAL OUTLAY $1721800 $4~125 00 MISCELLANEOUS 5610 CONTINGENCY $0 00 $0 00 5620 MISCELLANEOUS $0 00 $0 00 TOTAL 5600 MISCELLANEOUS $0 00 $0 00 DEBT SERVICE 5910 BUILDING & LAND PAYMENT $0 00 $0 00 5920 DATA PROCESSING EQUIPMENT $0 00 $0 00 TOTAL 5900 DEBT SERVICE $0 00 $0 00 TOTAL DEPT #103 APPRAISAL SUPPORT $308 461 99 $375 299 00 2001 BUDGET DEPT #103 ,- APPRAISAL SUPPORT 5100 - PERSONNEL SERVICES 2000 2001 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #~¶ 10 SALARIES $21222718 $26773529 $5550801 THERE ARE 9 FULL TIME POSITIONS IN THIS DEPARTMENT FULL TIME SALARIES $263 31 t 1t PART TIME SALARIES $4r424 28 TOTAL ACCOUNT #5110 ~267r73E 99 ACCT f~120 LONGEVITY PAY $5,23000 $655500 $1,32500 DCAD RECOGNIZES CONTINUED SERVICE WITH LONGEVITY PAY LONGEVITY iS CALCULATED AS FOLLOWS 1 10 YEARS OF SERVICE $10 PER MONTH FOR EACH YEAR OF SERVICE 11 20 YEARS OF SERVICE $15 PER MONTH FOR EACH YEAR OF SERVICE 20+ YEARS OF SERVrCE $20 PER MONTH FOR EACH YEAR OF SERVICE TOTAL ACCOUNT #5120 $61555 00 ACCT #~130 SOCIAL SECURITY (FICA) $1663547 $2098326 $434779 SOCIAL SECURITY iS CALCULATED ON BOTH FULL AND PART TiME SALARIES CERTAIN EMPLOYEES DO NOT CONTRIBUTE FICA TOTAL ACCOUNT #5130 $20~g83 26 ACCT#$140 RETIREMENT(TCDRS) $13711 59 $23721 28 $1000969 RETIREMENT IS APPLICABLE ONLY TO FULL TIME EMPLOYEES RETIREMENT IS 8 79% OF GROSS PAY TOTAL ACCOUNT #5140 $23r721 28 ACCT ~IE0 WORKERS COMP INSURANCE $1 022 05 $932 59 ($80 46) THE DISTRICT PAYS WORKERS COMPENSATION PREMIUMS ON ALL FULL AND PART TIME EMPLOYEES AND ON THE BOARD OF DIRECTORS AND APPRAISAL REVIEW BOARD MEMBERS TOTAL ACCOUNT #$150 $932 59 ACCT #15160 GROUP HEALTH INSURANCE $2;'57792 $35,32572 $774780 GROUP HEALTH INSURANCE IS PROVIDED TO ALL FULL TIME EMPLOYEES TOTAL ACCOUNT #$160 $3Er32E 72 TOTAL 5100 - PERSONNEL SERVICE8 $276,404 21 $355,253 84 $78,849 63 2001 BUDGET DEPT #103 - APPRAISAL SUPPORT 5200 - EDUCATION & TRAINING 2000 200t INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #5210 MEMBERSHIPS, 8UBBC & DUES $25000 $37500 $12300 THiS ACCOUNT IS CHARGED FOR ALL MEMBERSHIPS AND DUES AND SUBSCRIPTIONS TO EDUCATIONAL MEDIA TOTAL ACCOUNT l~i210 $375 00 ACCT#5220 TRAINING SCHOOLS CONFERENCES&TRAVEL $525000 $525000 $000 THIS ACCOUNT IS CHARGED FOR ALL EDUCATIONAL RELATEC TRAINING AND TRAVEL TOTAL ACCOUNT #5220 $5r250 00 TOTAL .5200 EDUCATION & TRAINING $5,500 00 $$f625 00 $125 00 2001 BUDGET DEPT #103 - APPRAISAL SUPPORT 5300 - SERVICES RECEIVED 2000 2001 INCREASE OR CLAE$1FICATION BUDGET BUDGET DECREASE ACCT #0310 APPRAISAL REVIEW BOARD $000 $000 $000 THtS BUDGET ITEM IS CHARGED FOR PAYMENTS TO THE 12 MEMBER ARB PANEL FOR WORK PERFORMED DURING THE MANDATED EQUALIZATION PROCESS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5310 $0 00 ACCT #~310 OIL, GAS HEAVY INDUSTRIAL, AND UTILITY VALUATION $0 00 $0 00 $0 00 THIS BUDGET ITEM IS FOR CONTRACTED SERVICES THIS ITEM WAS RE BID IN DECEMBER 1999 FOR 2000 AND 2001 THIS ACCOUNT IS APPLICABLE ONLY TO THE PERSONAL PROPERTY DEPARTMENT TOTAL ACCOUNT #53t0 $0 00 ACCT #5320 GIB SERVICES $000 $000 $000 THIS BUDGET ITEM ~S A PRORATED SHARE OF AERIAL COSTS THIS ACCOUNT IS APPLICABLE ONLY TO THE MAPPING/GIB DEPARTMENT TOTAL ACCOUNT #5320 $0 0O ACCT #0320 LEGAL SERVICEB $0 00 $0 00 $0 O0 THIS BUDGET ITEM IS CHARGED FOR ALL LEGAL EXPENSES ASSOCIATED WITH DEFENDING VALUES THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5325 $0 O0 ACCT #5330 AUDIT $000 $000 $000 THIS BUDGET ITEM IS FOR THE ANNUAL AUDIT THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5330 $0 00 ACCT #5340 DEED, SALEB AND VALUE INFORMATION $0 00 $0 00 $0 00 THIS BUDGET ITEM lB CHARGED FOR EXPENSES INCURRED TO OBTAIN OWNERSHIP SALES AND VALUE INFORMATION TOTAL ACCOUNT #0340 $0 00 ACCT #5345 AUTO EXPENSE REIMBUREEMENT $9,339?8 $1029516 $95538 THIS BUDGET ITEM ~S TO COMPENSATE EMPLOYEES FOR THE USE OF THEIR PRIVATELY OWNED VEHICLES DURING THE PERFORMANCE OF THEtR JOB DUTIES TOTAL ACCOUNT #0~45 $10r295 1~ 27 2001 BUDGET DEPT #103 - APPRAISAL SUPPORT 5300 - SERVICES RECEIVED (cont,nued) 2000 2001 INCREASE OR CLASEIFICATION BUDGET BUDGET DECREASE ACCT #~3~0 GENERAL INSURANCE $000 $000 $000 ALL INSURANCE EXCEPT GROUP HEALTH AND WORKERS~ COMPENSATION IS CHARGED TO THIS ACCOUNT THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5350 $0 00 ACCT #0360 PRINTING EERVICES $000 $000 THIS ACCOUNT IS CHARGED FOR ALL ITEMS THAT ARE PRINTED AND MAILED ITEMS THAT ARE PRINTED AND CONSUMED WITHIN THE BUILDING ARE CHARGED TO OFFICE SUPPLIES THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT ~360 $0 00 ACCT #ll370 POSTAGE AND FREIGHT $000 $000 THIS ITEM IS CHARGED FOR ALL ITEMS THAT ARE MAILED WE ARE ANTICIPATING AN EXPENSE INCREASE DUE TO AN EXPECTED POSTAGE RATE INCREASE AND DUE TO THE INCREASE IN THE NUMBER OF ACCOUNTS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5370 $0 00 ACCT #0380 LEGAL NOTICES & ADVERTISING $0 00 $0 00 $0 00 THIS ACCOUNT IS CHARGED FOR ADVERTISEMENTS IN NEWSPAPERS CONCERNING EXEMPTION MATTERS SUCH AS HOMESTEADS OVER~5 DISABLED VETERANS AND PRODUCTIVITY VALUATION MATTERS OTHER ADVERTISEMENT8 HAVE TO DO WiTH APPRAISAL REVIEW NOTICES MISCELLANEOUS CLASSIFIED ADVERTISING AND INVITATIONS TO BID THiS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT ~5380 $0 ACCT #II390 OFFICE EUPPLIE9 $000 $000 $000 THE OFFICE SUPPLY BUDGET IS COMPRISED OF EXPENgES INCURRED FOR TRADITIONAL OFFICE SUPPLY ITEMS TOTAL ACCOUNT #5390 $0 00 TOTAL 5300 ' SERVICES RECEIVED $9,339 79 $10 295 16 $955 38 2001 BUDGET DEPT #103 · APPRAISAL SUPPORT 5400 - UTILITIES AND MAINTENANCE 2000 2001 INCREASE OR CL~$_~!FiCATiON BUDGET BUDGET DECREASE ACCT #5410 OFFICE EQUIPMENT MAINTENANCE $000 $000 $000 MAINTENANCE OF ALL OFFICE EQUIPMENT EXCEPT THE PRIMARY COMPUTER PERIPHERAL DEVICES AND PERSONAL COMPUTERS IS CHARGED TO THIS ACCOUNT CHARGES TO THIS ACCOUNT ARE FOR COPIERS CALCULATORS FORM BURSTERS FOLDERS ETC TOTAL ACCOUNT f~410 $0 00 ACCT #5420 DATA PROCEEEING MAINTENANCE $000 $000 $000 THIS ACCOUNT iS COMPRISED OF BOTH DATA PROCESSING HAROWARE AND SOFTWARE MAINTENANCE EOTH ITEMS ARE CHARGED TO THIS ACCOUNT SO THAT THE TOTAL COST OF DATA PROCESSING WILL BE SHOWN IN ONE ACCOUNT THIS ACCOUNT IS APPLICABLE ONLY TO THE DATA PROCESSING DEPARTMENT TOTAL ACCOUNT #~420 $0 00 ACCT #~430 ELECTRICITY WATER SEWER AND SOLID WASTE $0 00 $0 00 $0 00 THIS BUDGET ITEM iS FOR THE DISTRICT S CITY PROVIDED UTILITIES THIE ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5430 $000 ACCT #5440 TELEPHONE $000 $000 $000 THIS BUDGET iTEM IS FOR THE DISTRICT S TELEPHONE EXPEN~}E THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5440 $000 ACCT #5450 BUILDING AND GROUNDS MAINTENANCE $000 $000 $000 THIS BUDGET ITEM COMPRISES ALL BUILDING AND GROUNDS MAINTENANCE THIS ACCOUNT IS APPLICASLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5450 $000 .. . TOTAL 5400 - UTILITIES AND MAINTENANCE $0 00 $0 00 $0 00 200t BUDGET DEPT #103 - APPRAISAL SUPPORT 5500 - CAPITAL OUTLAY INCREASE OR CLASSIFICATION DECREASE ACCT #$510 FURNITURE AND EQUIPMENT $17,21800 $4,12500 ($t 3,093 00) AN ASSET SCHEDULE APPEARS AT THE BACK OF THE BUDGET TOTAL ACCOUNT #55'10 ~4r125 00 ACCT #8520 BUILDING AND LAND IMPROVEMENTS $000 $000 $000 THIS BUDGET ITEM IS CHARGEO FOR VARIOUS BUILDING AND LAND IMPROVEMENTS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5520 $0 00 TOTAL ,5500 - CAPITAL OUTLAY $17,218 00 $4,125 00 1513 og3 00) 30 2001 BUDGET DEPT #103 - APPRAISAL SUPPORT 5600 - MISCELLANEOUS 2000 2001 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #S610 CONTINGENCY $000 $000 $000 THE FUNDS IN THIS BUDGET ITEM ARE APPROPRIATED FOR UNANTICIPATED EXPENDITURES ALL ANTICIPATED EXPENDITURES ARE BUDGETED IN SPECIFIC ACCOUNTS THIS ACCOUNT ~S APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5610 $0 00 ACCT #5620 MISCELLANEOUS $000 $000 $000 THIS ACCOUNT IS FOR ITEMS THAT WILL NOT FIT WELL iN ANOTHER CATEGORY THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #0620 $0 00 TOTAL 5600 o MISCELLANEOUS $0 00 $0 00 $0 00 2001 BUDGET DEPT #103 - APPRAISAL SUPPORT 5900 - DEBT SERVICE 2000 2001 INCREASE OR CLA881FICATION BUDGET BUDGET DECREASE ACCT #5910 BUILDING AND LAND PAYMENT $0 00 $0 00 $0 00 THIS ACCOUNT IS CHARGED FOR THE PAYMENTS ON THE APPRAISAL DISTRICT'S BUILDING AND LAND NOTE THIS ACCOUNT rs APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #8910 $0 00 ACCT #~i920 DATA PROCESSING EQUIPMENT PAYMENTS $000 $000 $000 THIS ACCOUNT IS CHARGED FOR THE PAYMENTS ON THE APPRAISAL DISTRICT'S PRIMARY COMPUTER SYSTEM THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #59t0 $0 TOTAL 5900 - DEBT SERVICE $0 00 $0 00 $0 00 DEPARTMENT TOTAL 3:2 2001 BUDGET 6/13/003 58 PM DEPT #104 - DATA PROCESSING 2000 2001 ACCT ACCOUNT TITLE BUDGET BUDGET PERSONNEL SERVICES 5110 SALARIES $144 899 94 $152 144 94 5120 LONGEVITY PAY $3 180 00 $3 905 00 5130 SOCIAL SECURITY (FICA) $11 328 12 $11 937 82 5140 RETIREMENT (TCDRS) $9 477 12 $13 716 79 5150 WORKERS COMP INSURANCE $695 98 $530 57 5160 GROUP HEALTH INSURANCE $13 788 96 $15~700 32 TOTAL 5100 PERSONNEL SERVICES $183 370 12 $197 935 44 EDUCATION & TRAINING 5210 MEMBERSHIPS SUBSCRIPTIONS & DUES $3 419 50 $3 020 00 5220 TRAINING SCHOOLS CONFERENCES AND TRAVEL $5 345 00 $8 340 00 TOTAL 5200 EDUCATION&TRAINING $876450 $11~360 00 SERVICES RECEIVED 5310 APPRAISAL REVIEW BOARD $0 00 $0 00 5315 OIL GAS HEAVY INDUSTRIAL AND UTILITY VALUATION $0 00 $0 00 5320 GIS SERVICES $0 00 $0 00 5325 LEGAL SERVICES $0 00 $0 00 5330 AUDIT $0 00 $0 00 5340 DEEDS SALES AND VALUE INFORMATION $0 00 $0 00 5345 AUTO EXPENSE REIMBURSEMENT $4 463 28 $4 913 16 5350 GENERAL ~NSURANCE $0 00 $0 00 5360 PRINTING SERVICE $0 00 $0 00 5370 POSTAGE & FREIGHT $0 00 $0 00 5380 LEGAL NOTICES & ADVERTISING $0 00 $0 00 5390 OFFICE SUPPLIES $25~074 00 $25 348 00 TOTAL5300 SERVICES RECEIVED $2953728 $30~261 16 UTILITIES & MAINTENANCE 5410 OFFICE EQUIPMENT MAINTENANCE $0 00 $0 00 5420 DATA PROCESSING MAINTENANCE $162 022 00 $191 513 00 5430 ELECTRICITY WATER SEWER & SOLID WASTE $0 00 $0 00 5440 TELEPHONE $0 00 $0 00 5450 BUILDING & GROUNDS MAINTENANCE $0 00 $0 00 TOTAL 5400 UTILITIES & MAINTENANCE $162~022 00 $191 513 00 CAPITAL OUTLAY 5510 FURNITURE & EQUIPMENT $0 00 $17 871 00 5520 BUILDING & LAND IMPROVEMENTS $0 00 $0 00 TOTAL5500 CAPITAL OUTLAY $000. $17,871 00 MISCELLANEOUS 5610 CONTINGENCY $0 00 $0 00 5620 MISCELLANEOUS $0 00 $0 00 TOTAL 5600 MISCELLANEOUS $0 00 $0 00 DEBT SERVICE 5910 BUILDING & LAND PAYMENT $0 00 $0 00 5920 DATA PROCESSING EQUIPMENT $0 00 $0 00 TOTAL 5900 DEBT SERVICE $0 00 $0 00 TOTAL DEPT #104 DATA PROCESSING $38369390 $44894060 33 2001 BUDGET DEPT #104 - DATA PROCESSING 5100 - PERSONNEL SERVICES 2000 2001 iNCREASE OR CLASBIFICATION BUDGET BUDGET DECREASE ACCT #5110 8ALARIEB $144,899 94 $15214494 $7,245 00 THERE ARE 4 FULL TIME POSITIONS IN THIS DEPARTMENT FULL TIME SALARIES $152,144 94 PART TIME SALARIES $0 00 TOTAL ACCOUNT #5110 $152f144 94 ACCT #5120 LONGEVITY PAY $318000 $39{)500 $72500 DCAD RECOGNIZES CONTINUED SERVICE WITH LONGEVITY PAY LONGEVITY IS CALCULATED A~S FOLLOWS I 10 YEARS OF BERVICE $10 PER MONTH FOR EACH YEAR OF SERVICE 11 20 YEARS OF SERVICE $15 PER MONTH FOR EACH YEAR OF SERVICE 20+ YEARS OF SERVICE $20 PER MONTH FOR EACH YEAR OF SERVICE TOTAL ACCOUNT #5120 $31905 00 ACCT #5130 SOCIAL BECURITY {FICA) $1132812 $1193782 $60970 SOCIAL SECURITY IS CALCULATED ON EOTH FULL AND PART TIME SALARIES CERTAIN EMPLOYEES DO NOT CONTRIBUTE FICA TOTAL ACCOUNT #5130 $111937 82 ACCT #~140 RETIREMENT (TCDRS) $047712 $13,71679 $423967 RETIREMENT IS APPLICABLE ONLY TO FULL TIME EMPLOYEES RETIREMENT iS 8 79% OF GROSS PAY TOTAL ACCOUNT #5140 $13f716 79 ACCT ff~150 WORKERB* COMP INBU RANCE $69598 $53057 ($165 41) THE DISTRICT PAYS WORKERS COMPENSATION PREMIUMB ON ALL FULL AND PART TIME EMPLOYEES AND ON THE BOARD OF DIRECTORS AND APPRAISAL REVIEW BOARD MEMBERS TOTAL ACCOUNT #5150 $530 57 ACCT #$160 GROUP HEALTH INSURANCE $1378296 $1570032 $t,91136 GROUP HEALTH INSURANCE IS PROVIDED TO ALL FULL TIME EMPLOYEES TOTAL ACCOUNT #5160 $15r700 32 TOTAL 5100 - PERSONNEL SERVICES $183,370 t2 $197 935 44 $14,565 32 2001 BUDGET DEPT #104 - DATA PROCESSING 5200 - EDUCATION & TRAINING 2000 2001 INCREAEE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #9,~10 MEMBEREHIPE SUBBC & DUES $3 419 50 $3 020 00 ($399 50) THIS ACCOUNT I$ CHARGED FOR ALL MEMBERSHIPE AND DUES AND SUBSCRIPTIONS TO EDUCATIONAL MEDIA TOTAL ACCOUNT #$210 $3r020 00 ACCT#$220 TRAINING SCHOOLS CONFERENCES&TRAVEL $534900 $834000 $290500 THIS ACCOUNT IS CHARGED FOR ALL EDUCATIONAL RELATED TRAINING AND TRAVEL TOTAL ACCOUNT #8220 $81340 00 TOTAL, 5200 EDUCATION & TRAINING $8,764 50 $tl,360 00 $2,595 60 2001 BUDGET DEPT #104~- DATA PROCESSING 5300 - SERVICES RECEIVED 3ooo 2,o~ ~NCREASE CE CL~_e_~!FICATION BUDGET BUDGET DECREASE ACCT #~310 APPRAISAL REVIEW BOARD $000 $OOO $000 THIS BUDGET ITEM IS CHARGED FOR PAYMENTS TO THE 12 MEMBER ARB PANEL FOR WORK PERFORMED DURING THE MANDATED EQUALIZATION PROCESS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #6340 $0 00 ACCT #~31S OIL, GAS, HEAVY INDUSTRIAL, AND UTILITY VALUATION $000 $000 $000 THIS BUDGET ITEM IS FOR CONTRACTED SERVICES THIS ITEM WAS RE BID IN DECEMBER 1999 FOR 2000 AND 2001 THIS ACCOUNT IS APPLICABLE ONLY TO THE PERSONAL PROPERTY DEPARTMENT TOTAL ACCOUNT #5315 $0 ACCT #~320 GIB SERVICEB $000 $000 $000 THIS BUDGET ITEM IS A PRORATED SHARE OF AERIAL COSTS THIS ACCOUNT iS APPLICABLE ONLY TO THE MAPPINGIGIE DEPARTMENT TOTAL ACCOUNT #~320 $000 ACCT #~325 LEGAL SERVICES $000 $000 $000 THIS BUDGET ITEM IS CHARGED FOR ALL LEGAL EXPENSES ASSOCIATED WITH DEFENDING VALUES THIS A COUNT I$ APPLICABLE ONLY TO THE OVE R~q~AD DEPARTMENT TOTAL ACCOUNT #5325 $0 00 ACCT #~330 AUDIT $000 $000 THIS BUDGET ITEM IS FOR THE ANNUAL AUDIT THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5330 $0 ACCT #~340 DEED, 8ALES, AND VALUE INFORMATION $000 $000 $500 THIS BUDGET ITEM IS CHARGED FOR EXPENSES INCURRED TO OBTAIN OWNERSHIP SALES AND VALUE iNFORMATION TOTAL ACCOUNT #5~40 $0 00 ACCT #~345 AUTO EXPENSE REIMBURSEMENT $445328 $4,91316 $44588 THIS BI~DGET ITEM IS TO COMPENSATE EMPLOYEES FOR THE USE OF THEIR PRIVATELY OWNED VEHICLES DURING THE PERFORMANCE OF THEIR JOB DUTIES TOTAL ACCOUNT #5345 $4r913 18 2001 BUDGET DEPT #104 - DATA PROCESSING 5300 - SERVICES RECEIVED (continued) 2000 2001 INCREASE OR CLAESIFICATION BUDGET BUDGET DECREASE ACCT #~300 GENERAL INSURANCE $000 $000 $000 ALL iNSURANCE EXCEPT GROUP HEALTH AND WORKERS COMPENSATION IS CHARGED TO THIS ACCOUNT THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5350 $0 00 ACCT #5360 PRINTING SERVICES $0 00 $0 00 $0 00 THiS ACCOUNT IS CHARGED FOR ALL ITEMS THAT ARE PRINTED AND MAILED ~TEMS THAT ARE PRINTED AND CONSUMED WITHIN THE BUILDING ARE CHARGE# TO OFFICE SUPPLIES THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAO DEPARTMENT TOTAL ACCOUNT #5360 $0 00 ACCT #$3T0 POSTAGE AND FREIGHT $000 $000 $000 THIS ITEM IS CHARGED FOR ALL ITEMS THAT ARE MAILED WE ARE ANTICIPATING AN EXPENSE INCREASE DUE TO AN EXPECTED POSTAGE RATE INCREASE AND DUE TO THE INCREASE IN THE NUMEER OF ACCOUNTS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #53?0 $0 00 ACCT #$300 LEGAL NOTICES & ADVERTISING $000 $000 $000 THIS ACCOUNT IS CHARGED FOR ADVERTISEMENTS IN NEWSPAPERS CONCERNING EXEMPTION MATTERS SUCH AS HOMESTEADS OVER 65 DISABLED VETERANS AND PRODUCTIVITY VALUATION MATTERS OTHER AOVERTISEMENTS HAVE TO DO WITH APPRAISAL REVIEW NOTICES MISCELLANEOUS CLASSII;IED ADVERTISING AND INVITATIONS TO BID THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5380 $0 00 ACCT ;[~390 OFFICE SUPPLIES $2507400 $2534800 $27400 THE OFFICE SUPPLY BUDGET IS COMPRISED OF EXPENSES INCURRED FOR TRADITIONAL OFFICE SUPPLY ITEMS TOTAL ACCOUNT #5300 $251348 00 TOTAL 5300 - SERVICES RECEIVED $29,537 2=...=........=.~8 $30 261 16 $723 88 2001 BUDGET DEPT #104 - DATA PROCESSING 5400 - UTILITIES AND MAINTENANCE 2000 200t INCREASE OR CLASBIFICATION BUDGET BUDGET DECREASE ACCT #~410 OFFICE EQUIPMENT MAINTENANCE $000 $000 $000 MAINTENANCE OF ALL OFFICE EQUIPMENT EXCEPT THE PRIMARY COMPUTER PERrPHERAL DEVICES, AND PERSONAL COMPUTERS IS CHARGED TO THIS ACCOUNT CHARGES TO THIS ACCOUNT ARE FOR COPIERS CALCULATOR8 FORM BURSTERS FOLDERS ETC TOTAL ACCOUNT #5410 $0 00 ACCT #5420 DATA PROCESSING MAINTENANCE $162 022 00 $191 013 00 $29 491 00 THIS ACCOUNT IS COMPRISED OF BOTH DATA PROCESSING HARDWARE AND SOF'IWARE MAINTENANCE BOTH ITEMS ARE CHARGED TO THIS ACCOUNT SO THAT THE TOTAL COST OF DATA PROCESSING WILL BE SHOWN rN ONE ACCOUNT THIS ACCOUNT IS AppliCABLE ONLY TO THE DATA PROCESSING DEPARTMENT HARDWARE MAINTENANCE $64 293 00 SOFTWARE MAINTENANCE $127~220 00 TOTAL ACCOUNT #5420 $191r013 00 ACCT#B43U ELECTRICITY WATER, BEWERANDSOLIDWASTE $0O0 $000 $000 THIS BUDGET ITEM IS FOR THE DISTRICT'S CITY PROVIOED UTILITIES THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5420 $0 0~0 ACCT #5440 TELEPHONE $000 $000 $000 THIS BU(~GET ITEM IS FOR THE D~STRICT'S TELEPHONE EXPENSE THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5440 $0 O0 ACCT #5450 BUILDING AND GROUNDB MAINTENANCE $000 $000 $000 THIS BUDGET ITEM COMPRISES ALL BUILDING AND GROUNDS MAINTENANCE THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT ~54E0 $0 00 TOTAL 5400 - UTILITIEE AND MAINTENANCE $162,022 00 $191,913 00 $29 491 00 2001 BUDGET DEPT #104 - DATA PROCESSING 5500 - CAPITAL OUTLAY 2000 2001 INCREASE OR CLABBIFICATION BUDGET BUDGET DECREASE ACCT #$5t0 FURNITURE AND EQUIPMENT $000 $1787100 $1787100 AN ASSET SCHEDULE APPEARS AT THE BACK OF THE BUDGET TOTAL ACCOUNT ~5010 $17t871 00 ACCT #IBi20 BUILDING AND LAND IMPROVEMENTE $000 $000 $000 THIS BUDGET ITEM lB CHARGED FOR VARIOUB BUILDING AND LAND IMPROVEMENTS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #§~20 $000 TOTAL 5500 - CAPITAL OUTLAY $0 00 $'17,87'1 00 $17,871 00 2001 BUDGET DEPT #104 - DATA PROCESSING 5600 - MISCELLANEOUS 2000 2001 INCREASE OR CLASEIFICATION BUDGET BUDGET DECREABE ACCT #0610 CONTINGENCY $000 $000 $000 THE FUNDS IN THIS BUDGET ITEM ARE APPROPRIATED FOR UNANTICIPATED EXPENDITURES ALL ANTICIPATED EXPENDITURES ARE BUDGETED iN SPECIFIC ACCOUNTS THIS ACOOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #~610 $0 00 ACCT #56;[0 MISCELLANEOUS $0 00 $0 00 $000 THIS ACCOUNT IS FOR ITEMS THAT WILL NOT F~T WELL IN ANOTHER CATEGORY THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #0620 $0 00 TOTAL 5600 - MISCELLANEOUS $0 00 $0 00 $0 00 40 2001 BUDGET DEPT #104 - DATA PROCESSING 5900 - DEBT SERVICE 2000 2001 INCREASE OR CLAESlFICATION BUDGET BUDGET DECREASE ACCT ~910 BUILDING AND LAND PAYMENT $000 $000 $000 THIS AGCOUNT 18 CHARGED FOR THE PAYMENTE ON THE APPRAISAL DISTRICTS BUILDING AND LAND NOTE THIS ACCOUNT 18 APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #8910 $000 ACCT ~920 DATA PROCEE$1NG EQUIPMENT PAYMENT8 $000 $000 $000 THIS ACCOUNT IS CHARGED FOR THE PAYMENTS ON THE APPRAISAL DIETRICT*S PRIMARY COMPUTER SYSTEM THIS ACCOUNT I$ APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5810 $0 00 i TOTAL 5900 - DEBT SERVICE $0 00 $0 00 $0 00 DEPARTMENT TOTAL ~ $383 693 90 I I $448 940 60 I I $65 246 70 I 4! 2001 BUDGET 6/13/003 37 PM DEPT #105 - OVERHEAD 2000 2001 ACCT ACCOUNT TITLE BUDGET BUDGET PERSONNEL SERVICES 5110 SALARIES $0 00 $0 00 5120 LONGEVITY PAY $0 80 $0 00 5130 SOCIAL SECURITY (FICA) $0 00 $0 00 5140 RETIREMENT (TCDRS) $0 00 $2 322 25 5150 WORKERS' COMP INSURANCE $0 00 $163 20 5160 GROUP HEALTH INSURANCE $0 00 $0 00 TOTAL 5100 PERSONNEL SERVICES $000 $248545 EDUCATION & TRAINING 5210 MEMBERSHIPS SUBSCRIPTIONS & DUES $1 409 00 $1 986 04 5220 TRAINING SCHOOLS CONFERENCES AND TRAVEL $3~750 00 $3 850 00 TOTAL 5200 EDUCATION&TRAINING $5~159 00 $5~836 04 SERVICES RECEIVED 5310 APPRAISAL REVIEW BOARD $45 000 00 $45 000 00 5315 OIL GAS HEAVY INDUSTRIAL AND UTILITY VALUATION $0 00 $0 00 5320 GIS SERVICES $0 00 $0 00 5325 LEGAL SERVtCES $180 000 00 $125 000 00 5330 AUDIT $6 300 00 $6 300 00 5340 DEEDS SALES AND VALUE INFORMATtON $1 100 00 $1 100 00 5345 AUTO EXPENSE REIMBURSEMENT $0 00 $0 00 5350 GENERAL INSURANCE $20 228 00 $19 428 00 5360 PRINTING SERVICE $84 323 75 $75 026 53 5370 POSTAGE & FREIGHT $~4 844 00 $96 551 90 5380 LEGAL NOTICES & ADVERTISING $9 000 00 $9 500 00 5390 OFFICE SUPPLIES $21~022 00. $22 624 00 TOTAL 5300 SERVICES RECEIVED $431 81775 $40053043 UTILITIES & MAINTENANCE 5410 OFFICE EQUIPMENT MAINTENANCE $9 595 00 $11 499 00 5420 DATA PROCESSING MAINTENANCE $0 00 $0 00 5430 ELECTRICITY WATER SEWER & SOLID WASTE $47 260 12 $47 260 12 5440 TELEPHONE $34 069 22 $35 209 00 5450 BUILDING & GROUNDS MAINTENANCE $34~356 50 $38 146 50 TOTAL 5400 UTILITIES&MAINTENANCE $12528084 $132~114 62 CAPITAL OUTLAY 5510 FURNITURE & EQUIPMENT $0 08 $6 100 00 5520 BUILDING & LAND IMPROVEMENTS $38 500 00 $35 415 80 TOTAL 5500 CAPITAL OUTLAY $3850000 $41~515 00 MISCELLANEOUS 5610 CONTINGENCY $70 000 00 $50 000 00 5620 MISCELLANEOUS $6 900 00 $6 900 00 TOTAL 5600 MISCELLANEOUS $76~900 00. $56 900 00 OEBT SERVICE 5910 BUILDING & LAND PAYMENT $73 349 14 $73 349 14 5920 DATA PROCESSING EQUIPMENT $74~172 00 $59 490 00 TOTAL 5900 DEBT SERVICE $147~521 14 $132~839 14 TOTAL DEPT #105 OVERHEAD $825 178 73. $772 220 68. 4~ 2001 BUDGET DEPT #105 - OVERHEAD 5100 - PERSONNEL SERVICES 2000 2001 iNCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #5110 SALARIES $000 $000 $000 EMPLOYEES ARE NOT ASSIGNED TO THE OVERHEAD DEPARTMENT ACCORDINGLY SALARIES ARE NOT CHARGED TO THE OVERHEAD DEPARTMENT FULL TIME SALARIES $0 00 PART TIME SALARIES $0 00 TOTAL ACCOUNT #5110 $0 00 ACCT #0120 LONGEVITY PAY $000 $000 $000 LONGEVITy IS NOT CHARGED TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #6120 $0 00 ACCT #6136 SOCIAL SECURITY (FICA) $000 $000 $000 SOCIAL SECURITY IS NOT CHARGED TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #~130 $0 00 ACCT #5140 RETIREMENT (TCDRS) $0 00 $2 322 25 $2 322 25 RETIREMENT CHARGES TO THE OVERHEAD DEPARTMENT ARE FOR A COLA FOR THE RETIRED EMPLOYEES TOTAL ACCOUNT #6t40 $21322 25 ACCT#6160 WORKERS COMP INSURANCE $000 $16320 $16320 THE WORKERS COMPENSATION EXPENSES CHARGED TO THE OVERHEAD DEPARTMENT ARE FOR THE BOARD OF DIRECTORS AND THE APPRAISAL REVIEW BOARD MEMBERS TOTAL ACCOUNT #5160 $163 20 ACCT #6160 GROUP HEALTH INSURANCE $0 00 $0 00 $0 00 GROUP HEALTH INSURANCE IS CHARGED TO THE DEPARTMENTS THAT HAVE FULL TIME EMPLOYEES ASSIGNED TOTAL ACCOUNT #6160 $0 00 TOTAL 5100 - PEREONNEL SERVICES $0 00 $2,485 45 $2,485 45 2001 BUDGET DEPT #105 - OVERHEAD 5200 - EDUCATION & TRAINING 2000 2001 INCREASE OR CLASBIFIDATION BUDGET BUDGET DECREAEE ACCT J~210 MEMBERSHIPB, BUBSC & DUES $140900 $t,98604 $57704 THIS ACCOUNT IS CHARGED FOR ALL MEMBERSHIPS AND DUES AND SUBBCRIPTIONS TO EDUCATIONAL MEDIA TOTAL ACCOUNT #5210 $11986 04 ACCT#$220 TRAINING SCHOOLS, CONFERENCES&TRAVEL $3?5000 $385000 $10000 THIS ACCOUNT IS CHARGED FOR ALL EDUCATIONAL RELATED TRAINING AND TRAVEL TOTAL ACCOUNT #5220 $31850 00 TOTAL 5200 - EDUCATION & TRAINING $5,159 00 $5,836 04 $677 04 44 2001 BUDGET DEPT #105 - OVERHEAD 5300 - SERVICES RECEIVED 2000 2001 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #5310 APPRAISAL REVIEW BOARD $4500000 $4500000 $000 THIS BUDGET ITEM IS CHARGED FOR PAYMENTS TO THE 12 MEMBER ARB PANEL FOR WORK PERFORMED DURING THE MANDATED EQUALIZATION PROCESS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #~310 ~451000 00 ACCT #ll015 OIL, GAS, HEAVY INDUSTRIAL, AND UTILITY VALUATION $000 $000 $000 THIS BUDGET ITEM IS FOR CONTRACTED SERVICES THIS ITEM WA8 RE BIO IN DECEMBER 1999 FOR 2000 AND 2001 THIS ACCOUNT IS APPLICABLE ONLY TO THE PERSONAL PROPERTY DEPARTMENT TOTAL ACCOUNT #~318 S0 00 ACCT #~320 GIS SERVICES $000 $000 $000 THIS BUDGET ITEM IS A PRORATED SHARE OF AERIAL COSTS THIS ACCOUNT iS APPLICABLE ONLY TO THE MAPPING/GIS DEPARTMENT TOTAL ACCOUNT #0320 $0 00 ACCT #~320 LEGAL SERVICES $160~000 00 $12000000 ($3500000) THiS BUDGET ITEM lB CHARGED FOR ALL LEGAL EXPENSES ASSOCIATED WITH DEFENDING VALUES THIS ACCOUNT IS APPLICASLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #~328 $*l 20r000 0O ACCT #0330 AUDIT $630000 $630000 $000 THIS BUDGET ITEM IS FOR THE ANNUAL AUDIT THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #~330 $6r300 00 ACCT#~340 DEED, SALES AND VALUE INFORMATION $1 10000 $1 10000 $000 THIS BUDGET ITEM IS CHARGED FOR EXPENSES INCURRED TO OBTAIN OWNERSHIP SALES AND VALUE INFORMATION TOTAL ACCOUNT #5340 ~tlt00 00 ACCT #~340 AUTO EXPENSE REIMBURSEMENT $000 $000 THIS BUDGET ITEM IS TO COMPENSATE EMPLOYEES FOR THE USE OF THEIR PRIVATELY OWNED VEHICLES DURING THE PERFORMANCE OF THEIR JOB DUTIES TOTAL ACCOUNT #5346 $0 00 45 2001 BUDGET DEPT #105 - OVERHEAD 5300 - SERVICES RECEIVED (continued) 2000 200t INCREABE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #$390 GENERAL INSURANCE $20,22800 51942800 ($80000) ALL INSURANCE EXCEPT GROUP HEALTH AND WORKERS' COMPENSATtON IS CHARGED TO THIS ACCOUNT THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #~390 $19t428 00 ACCT #9360 PRINTING SERVICES $8432375 $7902693 ($929722) THIS ACCOUNT IS CHARGED FOR ALL ITEMS THAT ARE PRINTED AND MAILED ITEMS THAT ARE PRINTED AND CONSUMED WITHIN THE BUILDING ARE CHARGED TO OFF~CE SUPPLIES THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #9300 $751026 53 ACCT #$370 POSTAGE AND FREIGHT $84 844 00 $96 501 90 $t 1 707 90 THIS ITEM iS CHARGED FOR ALL ITEMS THAT ARE MAILED WE ARE ANTICIPATING AN EXPENSE INCREASE DUE TO AN EXPECTED POSTAGE RATE INCREASE AND DUE TO THE INCREASE IN THE NUMBER OF ACCOUNTS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT ~370 $061591 90 ACCT #9380 LEGAL NOTICES & ADVERTISING $900000 $950000 $90000 THIS ACCOUNT IS CHARGED FOR ADVERTISEMENTS IN NEWSPAPERS CONCERNING EXEMPTION MATTERS SUCH AS HOMESTEADS OVER-65 DISABLED VETERANS AND PRODUCTIVITY VALUATION MATTERS OTHER ADVERTISEMENTS HAVE TO DO WITH APPRAISAL REVIEWNOTICES MISCELLANEOUS CLASSIFIED ADVERTISING AND INVITATIONS TO BID THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #9380 $9r900 0o ACCT #$390 OFFICE SUPPLIES $21 022 OD $22,624 00 $1 602 00 THE OFFICE SUPPLY BUDGET IS COMPRISED OF EXPENSES INCURRED FOR TRADITIONAL OFFICE SUPPLY iTEMS TOTAL ACCOUNT #5390 S22r624 0O TOTAl, 5300 - SERVICES RECEIVED $431,817 75 $4001530 43 ($31,287 321 46 2001 BUDGET DEPT #t05 - OVERHEAD 5400 - UTILITIES AND MAINTENANCE INCREASE OR CLASSIFICATION DECREASE ACCT #5410 OFFICE EQUIPMENT MAINTENANCE $6,$99 00 $1149900 $190400 MAINTENANCE OF ALL OFFICE EQUIPMENT EXCEPT THE PRIMARY COMPUTER PERIPHERAL DEVICES AND PERSONAL COMPUTERS IS CHARGED TO THIS ACCOUNT CHARGES TO THIS ACCOUNT ARE FOR COPIERS CALCULATORS FORM BURSTERS FOLDERS ETC COPIERS $4 749 09 FORMS BURSTER & FOLDER $3 200 00 VARIOUS OFFICE EQUIPMENT $3~580 90 TOTAL ACCOUNT #~410 $t I r499 00 ACCT #$420 DATA PROCESBING MAINTENANCE $000 $000 $000 THIS ACCOUNT IS COMPRISED OF BOTH DATA PROCESSING HARDWARE AND SOFTWARE MAINTENANCE BOTH ITEMS ARE CHARGED TO THIS ACCOUNT SO THAT THE TOTAL COST OF DATA PROCESSING WILL SE SHOWN IN ONE ACCOUNT THIS ACCOUNT IS APPLICABLE ONLY TO THE DATA PROCESSING DEPARTMENT TOTAL ACCOUNT #5420 $0 00 ACCT #$430 ELECTRICITY, WATER, BEWER AND SOLID WASTE $4726012 $4726012 $000 THIS BUDGET ITEM IS FOR THE DISTRICT'S CITY PROVIDED UTILITIES THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT ELECTRICAL WATER SEEWER & SOLID WASSTE $47r260 12 TOTAL ACCOUNT #5430 $47~260 t2 ACCT#~440 TELEPHONE $3406922 $3520800 $1 13978 THIS BUDGET ITEM IS FOR THE DISTRICTS TELEPHONE EXPENSE THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHSAD DEPARTMENT LOCAL LINES $5 840 90 METRO SERVICES LINES & LONG DISTANCE $16 455 00 COMPUTER RELATED LINES & SERVICES $6 064 00 MAINTENANCE $3 850 00 LANGUAGE LINE DIRECTORIES & MISC $3r800 90 TOTAL ACCOUNT #5440 $351209 00 ACCT #$450 BUILDING AND GROUND8 MAINTENANCE $34,306 50 $3814650 $379000 THIS BUDGET ITEM COMPRISES ALL BUILDING AND GROUNDS MAINTENANCE THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT BUILDING SERVICES $20 32t 50 GROUND MAINTENANCE SERVICES $0r095 00 TOTAL ACCOUNT #5490 $391146 50 TOTAL~ 5400 - UTILITIES AND MAINTENANCE $125 280 84 $132,114 62 $6,833 78 47 2001 BUDGET DEPT #105. OVERHEAD 5500 - CAPITAL OUTLAY 2000 2001 INCREASE OR CLASEIFICATION BUDGET BUDGET DECREAEE ACCT #5E10 FURNITURE AND EQUIPMENT $000 $610000 $610000 AN ASSET SCHEDULE APPEARS AT THE 8ACK OF THE BUDGET TOTAL ACCOUNT #~510 $61100 00 ACCT #51520 BUILDING AND LAND IMPROVEMENTS $3850000 $3541500 ($308500) THIS BUDGET ITEM IS CHARGED FOR VARIOUS E UlLDING AND LAND ~MPROVEMENTS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT ADD ADDITIONAL PARKING $20,000 O0 ADD TREES & BUSHES FOR LANDSCAPING $3 000 00 INSTALL 2 EA ADA COMPLIANT OOOR OPENERS $12r415 00 TOTAL ACCOUNT #~520 $351415 OB TOTAL 5500 - CAPITAL OUTLAY $3E,500 00 $41,51E 00 $3,015 00 48 2001 BUDGET DEPT #105 - OVERHEAD 5600 - MISCELLANEOUS 2000 2001 INCREASE OR CLAT$1FICATION SUDGET BUDGET DECREASE ACCT #g610 CONTINGENCY $7000000 $5000000 ($2000000) THE FUNDS IN THIS BUDGET ITEM ARE APPROPRIATED FOR UNANTICIPATED EXPENDITURES ALL ANTICIPATED EXPENDrTURES ARE BUDGETED iN SPECIFIC ACCOUNTS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #0010 $50r000 00 ACCT #$620 MISCELLANEOUS $690000 $690000 $000 THIS ACCOUNT IS FOR ITEMS THAT WILL NOT FIT WELL IN ANOTHER CATEGORY THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT FILM & PROCESSING $1 200 00 REIMBURSING EMPLOYMENT $1 000 00 MEASURING DEVICES $700 00 MISCELI~ANBOUS $4~000 00 TOTAL ACCOUNT #g620 $61900 00 TOTAL ;;600 MISCELLANEOUS $78,900 00 $56,90(} 00 1520 000 00) 2001 BUDGET DEPT #105 - OVERHEAD 5900 - DEBT SERVICE 2000 2001 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #5910 BUILDING AND LAND PAYMENT $7334914 $?3,34914 $000 THIS ACCOUNT IS CHARGED FOR THE PAYMENTS ON THE APPRAISAL DISTRICTS BUILDING AND LAND NOTE THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #0910 $731349 14 ACCT #0920 DATA PROCESSING EQUIPMENT PAYMENTS $74t7200 $5949000 ($1468200) THIS ACCOUNT IS CHARGED FOR THE PAYMENTS ON THE APPRAISAL DISTRICt'S PRIMARY COMPUTER SYSTEM THiS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #0910 $591490 00 TOTAL 5900 - DEBT SERVICE $147,521 14 $132 839 14 1514,682 00) DEPARTMENT TOTAL I $825 178 73 ~ ~ $772 220 68 J I ($52 958 05)I 2001 BUDGET 6t13/004 01 PM DEPT #201 - COMMERCIAL PROPERTY 2000 2001 AC(~T ACCOUNT TITLE BUDGET BUDGET PERSONNEL SERVICES 5110 SALARIES $241 347 74 $252 888 92 5120 LONGEVITY PAY $8 980 00 $10 985 00 5130 SOCIAL SECURITY (FICA) $19 150 07 $20 186 35 5140 RETtREMENT (TCDRS) $15 531 36 $22 825 34 6150 WORKERS COMP INSURANCE $3 539 88 $2 970 56 5160 GROUP HEALTH INSURANCE $24 130 68 $27 475 56 TOTAL5100 PERSONNELBERVICES $31267973 $337~331 84 EDUCATION & TRAINING 5210 MEMBERSHIPS SUBSCRIPTIONS & DUES $775 00 $1 005 00 5220 TRAINING SCHOOLS CONFERENCES AND TRAVEL $3 000 00 $2~800 00 TOTAL 5200 EDUCATION&TRAINING $377500 $380500 SERVICES RECEIVED 5310 APPRAISAL REVIEW BOARD $0 00 $0 00 5315 OIL OAS HEAVY INDUSTRIAL AND $0 00 $0 00 UTILITY VALUATION $0 00 $0 00 5320 GIB SERVICES $0 00 $0 00 5325 LEGAL SERVICES $0 00 $0 00 5330 AUDIT 5340 DEEDS SALES AND VALUE INFORMATION $4 640 00 $4 535 00 5345 AUTO EXPENSE REIMBURSEMENT $22 315 40 $29 478 96 $0 O0 $0 O0 5350 GENERAL INSURANCE $0 00 $0 00 5360 PRINTING SERVICE $0 00 $0 00 5370 POSTAGE & FREIGHT $0 00 $0 00 5380 LEGAL NOTICES & ADVERTISING $0 00 $0 00 5390 OFFICE SUPPLIES TOTAL 5300 SERVICES RECEIVED $2695640 $34~013 96 UTILITIES & MAINTENANCE 5410 OFFICE EQUIPMENT MAINTENANCE $0 00 $0 00 5420 DATA PROCESSING MAINTENANCE $0 00 $0 00 5430 ELECTRICITY WATER SEWER & SOLID WASTE $0 00 $0 00 $0 O0 $0 O0 5440 TELEPHONE 5450 BUILDING & GROUNDS MAINTENANCE $0 00 $0 00 TOTAL 5400 UTILITIES & MAINTENANCE $0 00. $0 00 CAPITAL OUTLAY 5510 FURNITURE & EQUIPMENT $5 780 00 $1 260 00 5520 BUILDING & LAND IMPROVEMENTS $0 00 $0 00 TOTAL 5500 CAPITAL OUTLAY $578000 $126000 MISCELLANEOUS $0 00 $0 00 5610 CONTINGENCY $0 00 $0 00 5820 MISCELLANEOUS TOTAL 5600 MISCELLANEOUS $0 00 $0 00 DEBT SERVICE 5910 BUILDING & LAND PAYMENT $0 00 $0 00 5920 DATA PROCESSING EQUIPMENT $0 00, $0 00 TOTAL 5900 DEBT SERVICE $0 00 $0 00 TOTALDEPT#201 COMMERCIAL PROPERTY $349191 13 $37641080 2001 BUDGET DEPT #201 - COMMERCIAL 5100 - PERSONNEL SERVICES 20130 200t INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #6110 SALARIES $241 347 74 $252,EI88 92 $11 541 18 THERE ARE 7 FULL TIME pOSITIONS IN THIS DEPARTMENT FULL TIME SALARIES $248 680 92 PART TIME SALARIES ~,4~200 00 TOTAL ACCOUNT #6110 $252r888 92 ACCT ft5120 LONGEVITY PAY $898000 $10,985 00 $2,00500 DCAD RECOGNIZES CONTINUED SERVICE WITH LONGEVITY PAY LONGEVITY 18 CALCULATED AS FOLLOWS 1 10 YEARS OF SERVICE $10 PER MONTH FOR EACH YEAR OF SERVICE 11 20 YEARS OF SERVICE $t5 PER MONTH FOR EACH YEAR OF SERVICE 20+ YEARS OF SERVICE $20 PER MONTH FOR EACH YEAR OF SERVICE TOTAL ACCOUNT #5120 $10r985 00 ACCT#5130 SOCIALSECURITY(FICA) $16,15007 $20,15635 $1 03628 SOCIAL SECURITY IS CALCULATED ON BOTH FULL AND PART TiME SALARIES CERTAIN EMPLOYEES DO NOT CONTRIBUTE FICA TOTAL ACCOUNT #~130 $20f186 35 ACCTfi~140 RETIREMENT (TCDRS) $15 53t 36 $22,825 34 $7 203 90 RETIREMENT ~S APPLICABLE ONLY TO FULL TiME EMPLOYEES RETIREMENT IS 8 79% OF GROSS PAY TOTAL ACCOUNT #~140 $221820 34 ACCT #5150 WORKERE' COMP INSURANCE $353988 $2,97066 ($56922) THE DISTRICT PAYS WORKERS COMPENSATION PREMIUMS ON ALL FULL AND PART TIME EMPLOYEES AND ON THE BOARD OF DIRECTORS AND APPRAISAL REVIEW BOARD MEMBERS TOTAL ACCOUNT #5150 $2r970 66 ACCT #51e,0 GROUP HEALTH INSURANCE $2413068 $27,47S 66 $334458 GROUP HEALTH INSURANCE IS PROVIDED TO ALL PULL TIME EMPLOYEES TOTAL ACCOUNT #5160 $271475 56 TOTAl. 5'100 - PERSONNEL SERVICES $312,679 73 $337 331 84. $24~652 11 2001 BUDGET DEPT #201 · COMMERCIAL 5200 - EDUCATION & TRAINING 2000 2001 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #5210 MEMBERSHIPE SUBSC & DUES $775 00 $1 003 00 $230 00 THIS ACCOUNT IS CHARGED FOR ALL MEMEERSHIPS AND DUES AND SUBSCRIPTIONS TO EDUCATIONAL MEDIA TOTAL ACCOUNT #0210 $1 005 00 ACCT#5220 TRAINING SCHOOLS, CONFERENCES&TRAVEL $300000 $280000 ($20000} THIS ACCOUNT IS CHARGED FOR ALL EDUCATIONAL RELATED TRAINING AND TRAVEL TOTAL ACCOUNT ~220 $21800 0 TOTAL 5200 - EDUCATION & TRAINING $3 775 00 $3,805 00 $30 00 2001 BUDGET DEPT #201 - COMMERCIAL 5300 - SERVICES RECEIVED 2000 200'~ INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #$310 APPRAISAL REVIEW BOARD $000 $000 $000 THIS BUDGET ITEM ~S CHARGED FOR PAYMENTS TO THE 12 MEMBER ARB PANEL FOR WORK PERFORMED DURING THE MANDATED EQUALIZATION PROCESS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5310 $0 00 ACCT #0315 OIL, GAS HEAVY INDUSTRIAL AND UTILITY VALUATION $0 00 $0 00 $0 00 THIS BUDGET ITEM iS FOR CONTRACTED SERVICES THIS ITEM WAS RE BID IN DECEMBER 1999 FOR 2000 AND 2001 THIS ACCOUNT IS APPLICABLE ONLY TO THE PERSONAL PROPERTY DEPARTMENT TOTAL ACCOUNT ~310 $0 00 ACCT #$320 GIB SERVICES $000 $000 $000 THIS BUDGET ITEM IS A PRORATED SHARE OF AERIAL COSTS THIS ACCOUNT IS APPLICABLE ONLY TO THE MAPPING/GIB DEPARTMENT TOTAL ACCOUNT #~320 $0 O0 ACCT #0325 LEGAL SERVICE8 $000 $000 $000 THIS BUDGET ITEM IS CHARGED FOR ALL LEGAL EXPENSES ASSOCIATED WITH DEFENDING VALUES THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #0325 $0 00 ACCT #~30 AUDIT $000 $000 $000 THIS BUDGET ITEM IS FOR THE ANNUAL AUDIT THiS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5330 $0 00 ACCT #5340 DEED, SALES, AND VALUE INFORMATION $4 640 0(] $4,53500 ($10500) THIS BUDGET ITEM IS CHARGED FOR EXPENSES INCURREDTO OBTAIN OWNERSHIP SALES AND VALUE INFORMATION TOTAL ACCOUNT #5340 $41535 00 ACCT #5345 AUTO EXPENSE REIMBURBEM ENT $2231640 $2947896 $716256 THIS BUDGET ITEM IS TO COMPENSATE EMPLOYEES FOR THE USE OF THEIR PRIVATELY OWNED VEHICLES DURING THE PERFORMANCE OF THEIR JOB DUTIES TOTAL ACCOUNT #~B45 $20 478 96 54 2001 BUDGET DEPT #20t · COMMERCIAL 5300 - SERVICES RECEIVED (continued) INCREASE OR CLASSIFICATION DECREASE ACCT ~380 GENERAL INSURANCE $000 $000 $000 ALL INSURANCE EXCEPT GROUP HEALTH AND WORKERS' COMPENSATION IS CHARGED TO THIS ACCOUNT THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #~380 $000 ACCT #5360 PRINTING SERVICES $000 $O00 $000 THIS ACCOUNT IS CHARGED FOR ALL ITEMS THAT ARE PRINTED AND MAILED ITEMS THAT ARE PRINTED AND CONSUMED WITHIN THE BUILDING ARE CHARGED TO OFFICE SUPPLIES THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #6360 $000 ACCT ~:~?0 POSTAGE AND FREIGHT $600 THiS ITEM IS CHARGED FOR ALL ITEMS THAT ARE MAILED WE ARE ANTICIPATING AN EXPENSE iNCREASE DUE TO AN EXPECTED POSTAGE RATE INCREASE AND DUE TO THE INCREASE IN THE NUMBER OF ACCOUNTS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT I~1370 $0 00 ACCT #MB0 LEGAL NOTICES & ADVERTISING $000 $000 $000 THIS ACCOUNT IS CHARGED FOR ADVERTISEMENTS IN NEWSPAPERS CONCERNING EXEMPTION MATTERB SUCH AS HOMESTEADS OVER 65 DISABLED VETERANS AND PRODUCTIVITY VALUATION MATTERB OTHER ADVERTISEMENTS HAVE TO DO WITH APPRAISAL REVIEW NOTICES MISCELLANEOUS CLASSIFIED ADVERTISING AND INVITATIONS TO BID THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #6360 $0 00 ACCT #5~90 OFFICE SUPPLIES $600 $000 $000 THE OFF;ICE SUPPLY BUDGET IS COMPRISED OF EXPENSES iNCURRED FOR TRADITIONAL OFFICE SUPPLY ITEMS TOTAL ACCOUNT #~390 $0 O0 TOTAL 5300 - SERVICES RECEIVED $26,956 40 $34,013 96, $7,057 56 2001 BUDGET DEPT #201 - COMMERCIAL 5400 - UTILITIES AND MAINTENANCE 2000 2001 INCREAEE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #5410 OFFICE EQUIPMENT MAINTENANCE $000 $000 $000 MAINTENANCE OF ALL OFFICE EQUIPMENT EXCEPT THE PRIMARY COMPUTER PERIPHERAL DEVICES AND PERSONAL COMPUTERS IS CHARGEO TO THIS ACCOUNT CHARGES TO THIS ACCOUNT ARE FOR COPIERS CALCULATORS FORM BURSTERS FOLDERS ETC TOTAL ACCOUNT #~410 $0 00 ACCT #~420 DATA PROCESSING MAINTENANCE $000 $000 THIS ACCOUNT IS COMPRISED OF BOTH DATA PROCESSING HARDWARE AND SOFTWARE MAINTENANCE BOTH ITEMS ARE CHARGED TO THIS ACCOUNT SO THAT THE TOTAL COST OF DATA PROCESSING WILL BE SHOWN IN ONE ACCOUNT THIS ACCOUNT IS APPLICABLE ONLY TO THE DATA PROCESSING DEPARTMENT TOTAL ACCOUNT #~420 $0 00 ACCT#5430 ELECTRICITY WATER, SEWER AND SOLID WABTE $000 $000 THIS BUDGET ITEM IS FOR THE D~STRICT'S CITY PROVIDED UTILITIES THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAO DEPARTMENT TOTAL ACCOUNT #5430 $0 00 ACCT #~,40 TELEPHONE $000 $000 $000 THiS BUCGET ITEM IS FOR THE DISTRICT'S TELEPHONE EXPENSE THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #~440 $0 00 ACCT #5400 BUILDING AND GROUNDS MAINTENANCE $000 $000 $000 THIS BUDGET ITEM COMPRISES ALL BUILDING AND GROUNDS MAINTENANCE THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5450 $0 00 TOTAL 5400 UTILITIES AND MAINTENANCE $000 $000 $000 2001 BUDGET DEPT #201 - COMMERCIAL 5500 - CAPITAL OUTLAY 2000 200t INCREAEE OR CLUE _~!FiCATiON BUDGET BUDGET DECREABE ACCT #$510 FURNITURE AND EQUIPMENT $578000 $1,260 00 ($452000) AN ASSET BCHEDULE APPEARS AT THE SACK OF THE BUDGET TOTAL ACCOUNT #';510 $tf260 00 ACCT #5520 BUILDING AND LAND IMPROVEMENT8 $000 $000 $000 THIS BUDGET ~TEM IS CHARGED FOR VARIOUS BUILDING AND LAND IMPROVEMENTS THtS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5520 SO 00 TOTAL 5500 ' CAPITAL OUTLAY $B,780 00 $1,260 00 ($4,520 00~ 2001 BUDGET DEPT #201 - COMMERCIAL 5600 - MISCELLANEOUS 2000 2004 INCREASE OR CLAssiFiCATION BUDGET BUDGET DECREASE ACCT #56~0 CONTINGENCY S000 $000 $000 THE FUNDS IN THIS BUDGET ITEM ARE APPROPRIATED FOR UNANTICIPATEC EXPENDITURES ALL ANTICIPATED EXPENDITURES ARE BUDGETED IN BPECIFIC ACCOUNTS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD OEPARTMENT TOTAL ACCOUNT S5610 $0 00 ACCT f~620 MISCELLANEOUS $000 $000 $000 THIS ACCOUNT IS FOR ITEMS THAT WILL NOT FIT WELL IN ANOTHER CATEGORY THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5620 $0 00 TOTAL 5600 - MISCELLANEOUS $0 00 $0 00 $0 00 2001 BUDGET DEPT #201 . COMMERCIAL 5900 - DEBT SERVICE 2000 200t INCREASE OR CL~_~_~!FiCATiON BUDGET BUDGET DECREASE ACCT #59t0 BUILDING AND LARD PAYMENT $000 $000 $000 THIS ACCOUNT IS CHARGED FOR THE PAYMENTS ON THE APPRAISAL DISTRICT S BUILDING AND LAND NOTE THIS ACCOUNT iS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #0910 $0 00 ACCT #5920 DATA PROCESSING EQUIPMENT PAYMENT8 $000 $000 $000 THIS ACCOUNT IS CHARGED FOR THE PAYMENTS ON THE APPRAISAL DISTRICT*E PRIMARY COMPUTER SYSTEM THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5910 $0 o0 TOTAL 5900 - DEBT SERVICE $0 00 $0 O0 $0 00 DEPARTMENT TOTAL I $349 191 13 I I $37641080 I I $2721967 2001 BUDGET 6/1~004 02 PM DEPT #202 - LAND DEPARTMENT 20OO 2001 ACCT ACCOUNT TITLE BUDGET BUDGET PERSONNEL SERVICES 5110 SALARIES $167 986 60 $200 077 08 5120 LONGEVITY PAY $4 79O 00 $5 605 00 5130 SOCIAL SECURITY (FICA) $13 217 64 $18 734 68 5140 RETIREMENT (TCDRS) $10 568 28 $17 373 38 5150 WORKERS COMP iNSURANCE $2 810 13 $2 247 57 5160 GROUP HEALTH INSURANCE $13 788 96 $19 625 40 TOTAL 5100 PERSONNEL SERVICES $21316461 $260~663 11 EDUCATION & TRAINING 5210 MEMBERSHIPS SUBSCRIPTIONS & DUES $880 00 $880 00 5220 TRAINING SCHOOLS CONFERENCES AND TRAVEL $4 750 00 $5 350 00 TOTAL 5200 EDUCATION&TRAINING $563000 $623000 SERVICES RECEIVED 5310 APPRAISAL REVIEW BOARD $0 00 $0 00 5315 OIL GAS HEAVY INDUSTRIAL AND UTILITY VALUATION $0 00 $0 00 5320 GIS SERVICES $0 00 $0 00 5325 LEGAL SERVICES $0 00 $0 00 5330 AUDIT $0 00 $0 00 5340 DEEDS SALES AND VALUE INFORMATION $15 565 00 $16 370 00 5345 AUTO EXPENSE REIMBURSEMENT $17 853 12 $19 652 64 5350 GENERAL INSURANCE $0 00 $0 00 5360 PRINTING SERVICE $0 00 $0 00 5370 POSTAGE & FREIGHT $0 00 $0 00 5380 LEGAL NOTICES & ADVERTISING $0 60 $6 00 5390 OFFICE SUPPLIES $0 00 $0 00 TOTAL 5300 SERVICES RECEIVED $3341812 $3602264 UTILITIES & MAINTENANCE 5410 OFFICE EQUIPMENT MAINTENANCE $0 00 $0 00 5420 DATA PROCESSING MAINTENANCE $0 00 $0 00 5430 ELECTRICITY WATER SEWER & SOLID WASTE $0 00 $0 00 5440 TELEPHONE $0 00 $0 00 5450 BUILDtNG& GROUNDS MAINTENANCE $0 00 $0 00 TOTAL 5400 UTILITIES & MAINTENANCE $0 00 $0 00 CAPITAL OUTLAY 5510 FURNITURE & EQUIPMENT $2 200 00 $4 525 00 5520 BUILDING & LAND IMPROVEMENTS $0 00 $0 00 TOTAL 5500 CAPITAL OUTLAY $2 200 00 $4 525 60 MISCELLANEOUS 5610 CONTINGENCY $0 00 $0 00 5620 MISCELLANEOUS $0 00 $0 00 TOTAL 5600 MISCELLANEOUS $0 00 $0 00 DEBT SERVICE 5910 BUILDING & LAND PAYMENT $0 00 $6 00 5920 DATA PROCESSING EQUIPMENT $0 00 $0 00 TOTAL 5900 DEBT SERVICE $0 00 $0 00 TOTAL DEPT #202 LAND DEPARTMENT $25441273 $30744075 2001 BUDGET DEPT #202 - LAND 5t00 - PERSONNEL SERVICES 2000 2001 INCREABE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT ~5110 BALARIEB $16798960 $20007708 $3208748 THERE ARE 5 FULL TIME POSITIONS IN THIS DEPARTMENT FULL TIME SALARIES $192 044 33 PART TIME BAl..ARIES $81032 75 TOTAL ACCOUNT 60110 $2001077 08 ACCT 60120 LONGEVITY PAY $4,790 00 $560000 $81500 DCAD RECOGNIZES CONTINUED SERVICE WiTH LONGEVITY PAY LONGEVITY IS CALCULATED AS FOLLOWS 1 10 YEARS OF SERVICE $10 PER MONTH FOR EACH YEAR OF SERVICE 11 20 YEARS OF SERVICE $15 PER MONTH FOR EACH YEAR OF SERVICE 20+ YEARS OF SERVICE $20 PER MONTH FOR EACH YEAR OF SERVICE TOTAL ACCOUNT #0120 $Ef605 00 ACCT #0t30 SOCIAL SECURITY (FICA) $1321764 $1573460 $251704 SOCIAL SECURITY IS CALCULATED ON BOTH PULL AND PART TIME SALARIES CERTAIN EMPLOYEES DO NOT CONTRIBUTE FiCA TOTAL ACCOUNT #0'130 $101734 68 ACCT #0140 RETIREMENT (TCDRS) $1056828 $'r7 373 38 $6,80010 RETIREMENT IS APPLICABLE ONLY TO FULL TIME EMPLOYEES RETIREMENT iS 8 79% OF GROSS PAY TOTAL ACCOUNT #$140 $17t373 38 ACCT #EIB0 WORKERE COMP INSURANCE $2 8t 0 13 $2 247 07 ($562 56) THE DISTRICT PAYS WORKERS COMPENSATION PREMIUMS ON ALL FULL AND PART TIME EMPLOYEES AND ON THE BOARD OF DIRECTORS AND APPRAISAL REVIEW BOARD MEMBERS TOTAL ACCOUNT #E'{ 50 $2r247 57 ACCT #5160 GROUP HEALTH INSURANCE $1378806 $1962540 $5,83644 GROUP HEALTH INSURANCE IS PROVIDED TO ALL FULL TIME EMPLOYEES TOTAL ACCOUNT #5160 $1%620 40 TOTAL 5100 - PERSONNEL SERVICES $213,164 61 $260,663 11 $47,498 50 6! 2001 BUDGET DEPT #202 - LAND 5200 - EDUCATION & TRAINING 2000 2001 INCREASE OR CLAssifiCATION BUDGET BUDGET DECREASE ACCT #5210 MEMBERSHIPS, 8UBSC & DUES $85000 $88000 $000 THIS ACCOUNT IS CHARGED FOR ALL MEMBERSHIPS AND DUES AND SUBSCRIPTIONS TO EDUCATIONAL MEDIA TOTAL ACCOUNT #5210 $880 00 ACCT#~220 TRAINING SCHOOLS CONFERENCES&TRAVEL $475000 $535000 $60000 THIS ACCOUNT IS CHARGED FOR ALL EDUCATIONAL RELATED TRAINING AND TRAVEL TOTAL ACCOUNT #5220 $5~350 00 TOTAL 5200 - EDUCATION & TRAINING $5,630 00 $6,23O 00, $600 00 2001 BUDGET DEPT #202 - LAND 5300 - SERVICES RECEIVED 2000 200'~ INCREABE OR CL~_~_~!FICATION BUDGET BUDGET DECREASE ACCT #$010 APPRAISAL REVIEW BOARD $000 $000 $000 THIS BUDGET ITEM IS CHARGED FOR PAYMENTS TO THE 12 MEMBER ARB PANEL FOR WORK PERFORMED DURING THE MANDATED EQUALIZATION PROCESS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5510 $0 00 ACCT #~015 OIL GAS, HEAVY INDUSTRIAL, AND UTILITY VALUATION $0 00 S0 00 $0 00 THIS BUDGET rTEM IS FOR CONTRACTED SERVICES THiS ITEM WAS RE BID iN DECEMBER 1999 FOR 2000 AND 2001 THIS ACCOUNT IS APPLICABLE ONLY TO THE PERSONAL PROPERTY DEPARTMENT TOTAL ACCOUNT #5310 $0 00 ACCT #$320 GIB SERVICES $0 O0 $0 00 $0 00 THIS BUDGET ITEM IS A PRORATED SHARE OF AERIAL COSTS THIS ACCOUNT IS APPLICABLE ONLY TO THE MAPPING/GIB DEPARTMENT TOTAL ACCOUNT #0320 $0 00 ACCT #5325 LSGAL SERVICES $000 $000 $000 THIS BUDGET ITEM IS CHARGED FOR ALL LEGAL EXPENSES ASSOCIATED WITH DEFENDING VALUES THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #E325 $0 00 ACCT #5300 AUDIT S0 00 $0 00 $0 00 THIS BUDGET ITEM IS FOR THE ANNUAL AUDIT THIS ACCOUNT lB APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT S5330 $0 00 ACCT 05340 DEED, SALES AND VALUE INFORMATION $15 565 00 $t6,370 00 $805 00 THIS BUDGET ITEM IS CHARGEO FOR EXPENSES INCURRED TO OBTAIN OWNERSHIP SALES AND VALUE INFORMATION TOTAL ACCOUNT ~340 $161370 00 ACCT#0~4II AUTO EXPENSE REIMBURSEMENT $1785312 $1965264 $1 79952 THIS BUDGET ITEM IS TO COMPENSATE EMPLOYEES FOR THE USE OF THEIR PRIVATELY OWNED VEHICLES DURING THE PERFORMANCE OF THEIR JOB DUTIES TOTAL ACCOUNT #5345 $191652 64 2001 BUDGET DEPT #202 - LAND 5300 - SERVICES RECEIVED (continued) =0oo 2oo~ ~.C.RAEE OR CL~_~_~!FiCATiON BUDGET BUDGET DECREAEE ACCT #5350 GENERAL INSURANCE $0~0 $000 3000 ALL INSURANCE EXCEPT GROUP HEALTH AND WORKERS COMPENSATION IS CHARGED TO THIS ACCOUNT THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #~3~0 $0 05 ACCT #5~60 PRINTING BERVICEB $000 $000 $000 THIS ACCOUNT IS CHARGED FOR ALL ITEMS THAT ARE PRINTED AND MAILED ITEMS THAT ARE PRINTED AND CONSUMED WITHIN THE BUILDING ARE CHARGED TO OFFICE SUPPLIES THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5360 $0 00 ACCT #5570 POSTAGE AND FREIGHT $0 O0 $0 00 $0 00 TH~S ITEM IS CHARGED FOR ALL ITEMS THAT ARE MAILED WE ARE ANTICIPATING AN EXPENSE INCREASE DUE TO AN EXPECTED POSTAGE RATE INCREASE AND DUE TO THE INCREASE IN THE NUMBER OF ACCOUNTS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #~370 $0 00 ACCT #5380 LEGAL NOTICEB & ADVERTISING $000 $000 $000 THIS ACCOUNT lB CHARGED FOR ADVERTISEMENTS IN NEWSPAPERS CONCERNING EXEMPTION MATTERB SUCH AB HOMESTEADS OVER 65 DISABLED VETERANS AND PRODUCTIVITY VALUATION MATTERS OTHER ADVERTISEMENTS HAVE TO DO WITH APPRAISAL REVIEW NOTICES MISCELLANEOUS CLASSIFIED ADVERTIBING AND INVITATIONS TO BID THiS ACCOUNT iS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #8360 $0 00 ACCT #5350 OFFICE SUPPLIEB $0 00 $0 00 $0 00 THE OFFICE SUPPLY BUDGET IS COMPRISED OF EXPENSES INCURREO FOR TRADITIONAL OFFICE SUPPLY ITEMS TOTAL ACCOUNT #5390 $000 TOTAl* 5300 - SERVICES RECEIVED $33,418 12 $36 022 64 $2,604 52 2001 BUDGET DEPT #202 - LAND 5400 - UTILITIES AND MAINTENANCE 2000 2001 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #~410 OFFICE EQUIPMENT MAINTENANCE $000 $000 $000 MAINTENANCE OF ALL OFFICE EQUIPMENT EXCEPT THE PRIMARY COMPUTER PERIPHERAL DEVICES AND PERSONAL COMPUTERE IS CHARGED TO THIS ACCOUNT CHARGES TO THIS ACCOUNT ARE FOR COPIERS CALCULATORS FORMBURSTERS FOLDERS ETC TOTAL ACCOUNT #~410 $0 00 ACCT #6420 DATA PROCESSING MAINTENANCE $0 00 $0 00 $000 THiS ACCOUNT IS COMPRISED OF BOTH DATA PROCESSING HARDWARE AND SOFTWARE MAINTENANCE BOTH ~TEMS ARE CHARGEO TO THIS ACCOUNT SO THAT THE TOTAL COST OF DATA PROCESSING WiLL BE SHOWN IN ONE ACCOUNT THIS ACCOUNT IS APPLICABLE ONLY TO THE DATA PROCESSING DEPARTMENT TOTAL ACCOUNT #5420 $000 ACCT #5430 ELECTRICITY, WATER~ SEWER AND SOLID WASTE $000 $000 $000 THIS BUDGET ITEM IS FOR THE DISTR~CT S CiTY PROVIDED UTILITIES THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #~430 $0 ACCT #~t40 TELEPHONE $000 $000 TH~S BUDGET ITEM iS FOR THE D~STRICT'S TELEPHONE EXPENSE THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #~440 $0 00 ACCT #~4S0 BUILDING AND GROUNDS MAINTENANCE $000 $000 $000 THIS EUDGET ITEM COMPRISES ALL BUILDING AND GROUNOS MAINTENANCE THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5460 $0 00 TOTAL 5400 - UTILITIES AND MAINTENANCE $0 00 $0 00 $0 00 2001 BUDGET DEPT #202. LAND 5500 - CAPITAL OUTLAY INCREASE OR CLAESIFICATION DECREABE ACCT #55'10 FURNITURE AND EQUIPMENT $220000 $452500 $2,32500 AN ASSET SCHEDULE APPEARS AT THE BACK OF THE BUDGET TOTAL ACCOUNT #5510 $4r525 00 ACCT #5520 BUILDING AND LAND IMPROVEMENTS $000 $000 $000 THIS BUDGET iTEM IS CHARGED FOR VARIOUS BUILDING AND LAND IMPROVEMENTS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #$li20 $0 00 TOTAL 5500 - CAPITAL OUTLAY $2,200 00 $4,525 00 $2,325 00 2001 BUDGET DEPT #202 · LAND 5600 - MISCELLANEOUS INCREASE OR CLASSIF[CATION DECREASE ACCT #~E10 CONTINGENCY $000 $000 $000 THE FUNDS IN THIS BUDGET ITEM ARE APPROPRIATED FOR UNANTICIPATED EXPENDITURES ALL ANTICIPATED EXPENDITURES ARE BUDGETED IN SPECIFIC ACCOUNTS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5610 SD 00 ACCT #5620 MISCELLANEOUS $000 $000 $000 THIS ACCOUNT IS FOR ITEMS THAT WILL NOT FIT WELL IN ANOTHER CATEGORY THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #~620 $0 00 TOTAL 5600 - MISCELLANEOUS $0 00 $0 00,, $0 00 2001 BUDGET DEPT #202 - LAND 5900 - DEBT SERVICE INCREASE OR CLASSIFICATION DECREASE ACCT #59t0 BUILDING AND LAND PAYMENT $000 $000 THIS ACCOUNT IS CHARGED FOR THE PAYMENTS ON THE APPRAISAL DIETRICT S SUILDING AND LAND NOTE THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #~910 $0 0O ACCT #~920 DATA PROCESSING EQUIPMENT PAYMENTS ${) 00 $0 00 $0 00 THIS ACCOUNT IS CHARGED FOR THE PAYMENTS ON THE APPRAISAL DISTRICT'S PRIMARY COMPUTER SYSTEM THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5910 $0 00 TOTAL 5900 - DEBT EERVICE $0 00 $0 00 $0 00 DEPARTMENT TOTAL ~ $254 412 73 I I $307 440 75 I I $53 028 02 I 2001 BUDGET 5/18/o94 03 PM DEPT #203 - PERSONAL PROPERTY 2000 2001 ACCT ACCOUNT TITLE BUDGET BUDGET PERSONNEL SERVICES 5110 SALARIES $248 426 02 $262 321 48 5120 LONGEVITY PAY $4 920 00 $5 260 00 5130 SOCIAL SECURITY (FICA) $15 256 39 $16 092 81 5140 RETIREMENT (TCDRS) $15 894 66 $23 059 68 5150 WORKERS COMP INSURANCE $3 934 59 $3 032 45 5160 GROUP HEALTH INSURANCE $24 130 68 $27 475 56 TOTAL5100 PERSONNEL SERVICES $31256234 $337~241 98 EDUCATION & TRAINING 5210 MEMBERSHIPS SUBSCRIPTIONS & DUES $805 00 $785 00 5220 TRAINING SCHOOLS CONFERENCES AN[3 TRAVEL $4r900 00 $6~209 00 TOTAL 5200 EDUCATION&TRAINING $570500 $698500 SERVICES RECEIVED 5310 APPRAISAL REVIEW BOARD $0 00 $0 00 6315 OIL GAS HEAVY INDUSTRIAL AND UTILITY VALUATION $41 685 00 $42 700 00 5320 GIS SERVICES $0 00 $0 00 5325 LEGAL SERVICES $0 00 $0 00 5330 AUDIT $0 00 $0 00 5340 DEEDS SALES AND VALUE INFORMATION $8 749 93 $10 238 88 5345 AUTO EXPENSE REIMBURSEMENT $26 779 68 $29 478 96 5350 GENERAL INSURANCE $0 00 $0 00 5360 PRINTING SERVICE $0 00 $0 00 5370 POSTAGE & FREIGHT $0 00 $0 00 5380 LEGAL NOTICES & ADVERTISING $0 00 $0 00 5390 OFFICE SUPPLIES $0 00 $0 00 TOTAL 5300 SERVICES RECEIVED $7721461 $82~417 84 UTILITIES & MAINTENANCE 5410 OFFICE EQUIPMENT MAINTENANCE $0 00 $0 00 5420 DATA PROCESSING MAINTENANCE $0 00 $0 00 5430 ELECTRICITY WATER SEWER & SOLID WASTE $0 00 $0 00 5440 TELEPHONE $0 00 $0 00 5450 BUILDING & GROUNDS MAINTENANCE $0 00 $0 00 TOTAL 5400 UTILITIES & MAINTENANCE $0 00 $0 00 CAPITAL OUTLAY 5510 FURNITURE & EQUIPMENT $8 150 00 $0 00 5520 BUILDING & LAND IMPROVEMENTS $0 00 $0 00 TOTAL 5500 CAPITAL OUTLAY $8 150 00 $0 00 MISCELLANEOUS 5610 CONTINGENCY $0 00 $0 00 5620 MISCELLANEOUS $0 00 $0 00 TOTAL 5600 MISCELLANEOUS $0 00 $0 00 DEBT SERVICE 5910 BUILDING & LAND PAYMENT $0 00 $0 00 5920 DATA PROCESSING EQUIPMENT $0 00 $0 00 TOTAL 5900 DEBT SERVICE $0 00 $0 00 TOTAL DEPT#203 PERSONAL PROPERTY $403631 95 $42664482 2001 BUDGET DEPT #203 - PERSONAL PROPERTY 5100 - PERSONNEL SERVICES 2000 2001 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT#6110 SALARIES $248,42602 $262321 48 $1389546 THERE ARE 7 FULL TIME POSITIONS IN THIS DEPARTMENT FULL TIME SALARIES $257,079 88 PART TIME SALARIES $9~241 60 TOTAL ACCOUNT #0110 $262~321 48 ACCT #5120 LONGEVITY PAY $492000 $526000 $34000 DCAD RECOGNIZES CONTINUED SERVICE WITH LONGEVITY PAY LONGEVITY IS CALCULATED AS FOLLOWS 1 10 YEARS OF SERVICE $10 PER MONTH FOR EACH YEAR OF SERVICE 11 20 YEARS OF SERVICE $15 PER MONTH FOR EACH YEAR OF SERVICE 20+ YEARS OF SERVICE $20 PER MONTH FOR EACH YEAR OF SERVICE TOTAL ACCOUNT #5120 $51260 00 ACCT #9130 SOCIAL SECURITY (FICA) $1525639 $1609281 $83642 SOCIAL SECURITY ~S CALCULATED ON BOTH FULL AND PART TIME S^LARIES CERTAIN EMPLOYEES DO NOT CONTRIBUTE FICA TOTAL ACCOUNT #0130 $16r092 81 ACCT #0140 RETIREMENT (TCDRS) $15,89466 $23,059 68 $7,16502 RETIREMENT IS APPLICABLE ONLY TO FULL TIME EMPLOYEES RETIREMENT IS 8 79% OF GROSS PAY TOTAL ACCOUNT #5140 $23~009 68 ACCT#0150 WORKERS COMP INSURANCE $3,93459 $3,03245 ($90214) THE DISTRICT PAYB WORKERS COMPENSATION PREMIUMS ON ALL FULL AND PART TIME EMPLOYEES AND ON THE BOARD OF DIRECTORS AND APPRAISAL REVIEW BOARD MEMBERS TOTAL ACCOUNT #0100 $3r032 45 ACCT #0160 GROUP HEALTH INSURANCE $2413068 $2747506 $3,34488 GROUP HEALTH ~NSURANCE IS PROVIDED TO ALL FULL TIME EMPLOYEES TOTAL ACCOUNT #8160 $27r475 56 TOTAL 5100 ' PERSONNEL SERVICES $312 562 34 $337,241 98 $24,679 64 70 2001 BUDGET DEPT #203 - PERSONAL PROPERTY 5200 - EDUCATION & TRAINING 2000 2001 INCREASE OR CL~._e_e!FICATION BUDGET BUDGET DECREABE ACCT #5210 MEMBERSHIPS, SUB$C & DUES $80000 $78500 ($2000) THIS ACCOUNT IS CHARGED FOR ALL MEMBERSHIPS AND DUES AND SUBSCRIPTIONS TO EDUCATIONAL MEDIA TOTAL ACCOUNT #8210 $785 00 ACCT#~220oTRAINING ECHOOLE, CONFERENCEB&TRAVEL $490000 $6,20000 $1 30000 THIS ACCOUNT IS CHARGED FOR ALL EDUCATIONAL RELATED TRAINING AND TRAVEL TOTAL ACCOUNT #8220 $6r200 00 TOTAL 5200 - EDUCATION & TRAINING $5,705 00 $6,985 00 $%280 00 2001 BUDGET DEPT #203 - PERSONAL PROPERTY 5300 - SERVICES RECEIVED 2000 2001 INCREASE OR CL~_e _e!FiOATiON BUDGET BUDGET DECREASE ACCT #$310 APPRAISAL REVIEW BOARD $000 $000 $000 THIS BUDGET ~TEM iS CHARGED FOR PAYMENTS TO THE 12 MEMBER ARB PANEL FOR WORK PERFORMED DURING THE MANDATED EQUALIZATION PROCESS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5310 $0 00 ACCT#5318 OIL, GAS, HEAVYINDUBTRIAL, AND UTILITY VALUATION $41 68500 $42,70000 $1,01500 THIS BUDGET ITEM IS FOR CONTRACTED SERVICES THIS ITEM WAS RE BID IN DECEMBER t999 FOR 2000 AND 2001 THIS ACCOUNT IS APPLICABLE ONLY TO THE PERSONAL PROPERTY DEPARTMENT TOTAL ACCOUNT #0315 $42~700 00 ACCT #5320 Gl8 SERVICES $0 00 $0 00 $0 00 THIS BUDGET ITEM IS A PRORATED SHARE OF AERIAL COSTS THIS ACCOUNT IS APPLICABLE ONLY TO THE MAPPINGIGIS DEPARTMENT TOTAL ACCOUNT #8820 $0 00 ACCT #5326 LEGAL BERVICEB $000 $000 $000 THIS BUDGET ITEM IS CHARGED FOR ALL LEGAL EXPENSES ASSOCIATED WITH DEFENDING VALUES THIS ACCOUNT ~S APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #0325 $0 O0 ACCT #5330 AUDIT $000 $000 $000 THIS BUDGET ITEM IS FOR THE ANNUAL AUDIT THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #8330 $0 00 ACCT #0340 DEED, SALES AND VALUE INFORMATION $8,749 93 $10 238 88 $1 488 95 THIS BUDGET ITEM IS CHARGED FOR EXPENSES INCURRED TO OBTAIN OWNERSHIP SALES AND VALUE INFORMATION TOTAL ACCOUNT #5540 $101238 88 ACCT #5348 AUTO EXPENSE REIMBURSEMENT $2677968 $29,47896 $2,69928 THIS BUDGET ITEM IS TO COMPENSATE EMPLOYEES FOR TH;= USE OF THEIR PRIVATELY OWNED VEHICLES DURING THE PERFORMANCE OF THEIR JOB DUTIES TOTAL ACCOUNT #0845 $2g~478 95 72 2001 BUDGET DEPT #203 - PERSONAL PROPERTY 5300 - SERVICES RECEIVED (continued) 2000 2001 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT f~350 GENERAL INSURANCE $0 00 $0 00 $0 00 ALL INSURANCE EXCEPT GROUP HEALTH AND WORKERS' COMPENSATION iS CHARGEC TO THIS ACCOUNT THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5350 $0 00 ACCT #ll360 PRINTING SERVICES $0 00 $0 00 $0 00 THIS ACCOUNT IS CHARGED FOR ALL ITEMS THAT ARE PRINTED AND MAILED ITEMS THAT ARE PRINTED AND CONSUMED WITHIN THE BUILDING ARE CHARGED TO OFFICE SUPPMES THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5360 $0 00 ACCT f~370 POSTAGE AND FREIGHT $0 00 $0 00 $0 00 THIS ITEM IS CHARGED FOR ALL ITEMS THAT ARE MAILED WE ARE ANTtClPATING AN EXPENSE INCRE,~BE CUE TO AN EXPECTED POSTAGE RATE INCREASE AND DUE TO THE INCREASE IN THE NUMBER OF ACCOUNTB THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5370 $0 O0 ACCT #5380 LEGAL NOTICES & ADVERTISING $0 00 $0 00 $0 00 THIS ACCOUNT IS CHARGED FOR ADVERTISEMENTS IN NEWSPAPERS CONCERNING EXEMPTION MATTERS SUCH AS HOMESTEADS OVER 65 DISABLED VETERANS AND PRODUCTIVITY VALUATION MA~i-ERS OTHER ADVERTISEMENTS HAVE TO DO WITH APPRAISAL REVIEW NOTICES MISCELLANEOUS CLASSIFIEC ADVERTIBING AND INVITATIONS TO BID THIS AC~COUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5380 $0 00 ACCT ~5390 OFFICE BUPPLIEB $0 00 $0 00 $0 00 THE OFFICE SUPPLY BUDGET IS COMPRISED OF EXPENSES INCURRED FOR TRADITIONAL OFFICE SUPPLY ITEMS TOTAL ACCOUNT #5390 $0 O0 TOTAL 5300 SERVICES RECEIVED $7721461 $82,41784 $5,20323 73 2001 BUDGET DEPT #203 - PERSONAL PROPERTY 5400 - UTILITIES AND MAINTENANCE 2000 2001 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #5410 OFFICE EQUIPMENT MAINTENANCE $000 $000 $000 MAINTENANCE OF ALL OFFICE EQUIPMENT EXCEPT THE PRIMARY COMPUTER PERIPHERAL DEVICES AND PERSONAL COMPUTERS IS CHARGED TO THIS ACCOUNT CHARGES TO THIS ACCOUNT ARE FOR COPIERS CALCULATORS FORM BURSTERS FOLDERS ETC TOTAL ACCOUNT #54t0 $0 01 ACCT f~420 DATA PROCEBBING MAINTENANCE $0 00 $0 00 $0 00 THIS ACCOUNT iS COMPRISED OF BOTH DATA PROCESSING HARDWARE AND SOFT~NARE MAINTENANCE BOTH ITEMS ARE CHARGED TO THIS ACCOUNT SO THAT THE TOTAL COST OF DATA PROCESSING WiLL BE SHOWN IN ONE ACCOUNT THIS ACCOUNT IS APPLICABLE ONLY TO THE DATA PROCESSING DEPARTMENT TOTAL ACCOUNT #5420 $0 00 ACCT #5430 ELECTRICITY, WATER, SEWER AND 8OLID WASTE $000 $000 $000 THIS BUDGET iTEM IS FOR THE DISTRICI~S CITY PROVIDED UTtLITIES THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5430 $0 00 ACCT ~ TELEPHONE $0 00 $0 00 $0 00 THIS BUDGET ITEM IS FOR THE DISTRICT S TELEPHONE EXPENSE THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAO DEPARTMENT TOTAL ACCOUNT #5440 $0 00 ACCT #5400 BUILDING AND GROUNDS MAINTENANCE $0 00 $0 00 $0 00 THIS BUDGET ITEM COMPRISES ALL BUILDING AND GROUNDS MAINTENANCE THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5400 $0 00 TOTAL 5400 - UTILITIES AND MAINTENANCE $0 00 $0 00 $0 00 7'4 200'1 BUDGET DEPT #203 - PERSONAL PROPERTY 5500 - CAPITAL OUTLAY 2000 2001 INCREASE OR ~_ L~_e _e!FICATION BUDGET BUDGET DECREASE ACCT #E010 FURNITURE AND EQUIPMENT $815000 $000 ($8 150 00) AN ASSET SCHEDULE APPEARS AT THE BACK OF THE BUDGET TOTAL ACCOUNT #5010 $0 00 ACCT #5520 BUILDING AND LAND IMPROVEMENTS $000 $000 $000 THiS BUDGET ITEM IS CHARGED FOR VARIOUS BUILDING AND LAND ~MPROVEMENTS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #0520 $0 00 TOTAL 5500 - CAPITAL OUTLAY $8,150 oo $0 oo 158 150 00) 75 2001 BUDGET DEPT #203 - PERSONAL PROPERTY 5600 - MISCELLANEOUS 2000 2001 INCREAEE OR CLAB$1FICATION BUDGET BUDGET DECREASE ACCT f~610 CONTINGENCY $000 $000 $000 THE FUNDS IN THIS BUDGET ITEM ARE APPROPRIATED FOR UNANTICIPATED EXPENDITURES ALL ANTICIPATED EXPENDITURES ARE BUDGETED IN SPECIFIC ACCOUNTS THIS AOCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT ~610 $0 00 ACCT #5620 MI$CEL!..ANEOUB $0 00 $0 00 $0 O0 THIS AaCOUNT IS FOR ITEMS THAT WILL NOT FIT WELL IN ANOTHER CATEGORY THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5620 $0 00 TOTAL 5600 - MISCELLANEOUS $0 00 $0 00 $0 00 2001 BUDGET DEPT #203 - PERSONAL PROPERTY 5900 - DEBT SERVICE 2000 2001 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #5010 BUILDING AND LAND PAYMENT $000 $000 $000 THIS ACCOUNT IS CHARGED FOR THE PAYMENTS ON THE APPRAISAL DISTRICT'S BUILDING AND LAND NOTE THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5910 T0 00 ACCT #5920 DATA PROCESSING EQU)PMENT PAYMENTS $000 $000 $000 THIS ACCOUNT IS CHARGED FOR THE PAYMENTS ON THE APPRAISAL DISTRICT S PRIMARY COMPUTER SYSTEM THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5910 $0 00 TOTAL 5900 - DEBT SERVICE $0 00 $0 00 $0 00 DEPARTMENT TOTAL I $403 631 95 ~ I $426 644 82 ~ I $23 012 87 I 77 2001 BUDGET 6/13/oo4 o7 PM DEPT #204 - RESIDENTIAL 2000 2001 ACCT ACCOUNT TITLE BUDGET BUDGET PERSONNEL SERVICES 5110 SALARIES $531 821 37 $583 19606 5120 LONGEVITY PAY $8 760 00 $11 020 00 5130 SOCIAL SECURITY (FICA) $38 964 21 $42 805 00 5140 RETIREMENT (TCDRS) $33 565 53 $49 924 22 5150 WORKERS COMP INSURANCE $7 573 05 $6 032 46 5160 GROUP HEALTH INSURANCE $62~050 32 $70 651 44 TOTAL 5100 PERSONNEL SERVICES $68273448 $76362918 EDUCATION & TRAINING 5210 MEMBERSHIPS SUBSCRIFrrlONS & DUES $1 415 00 $1 800 00 5220 TRAINING SCHOOLS CONFERENCES AND TRAVEL $15 000 00 $20~000 00 TOTAL 5200 EDUCATION&TRAINiNG $1641500 $2180000 SERVICES RECEIVED 5310 APPRAISAL REVIEW BOARD $0 00 $0 00 5315 OIL GAS HEAVY INDUSTRIAL AND UTILITY VALUATION $0 00 $0 00 5320 GIS SERVICES $0 00 $0 00 5325 LEGAL SERVICES $0 00 $0 00 5330 AUDIT $0 00 $0 00 5340 DEEDS SALES AND VALUE INFORMATION $1 902 25 $1 716 50 5345 AUTO EXPENSE REIMBURSEMENT $64 531 92 $72 410 88 5350 GENERAL INSURANCE $0 00 $0 00 5360 PRINTING SERVICE $0 00 $0 0~) 5370 POSTAGE & FREIGHT $0 00 $0 00 5360 LEGAL NOTICES & ADVERTISING $0 00 $0 00 5390 OFFICE SUPPLIES $0 00 $0 00 TOTAL 5300 SERVICES RECEIVED $6643417 $74~127 38 UTILITIES & MAINTENANCE 5410 OFFICE EQUIPMENT MAINTENANCE $0 00 $0 00 5420 DATA PROCESSING MAINTENANCE $0 00 $0 00 5430 ELECTRICITY WATER SEWER & SOLID WASTE $0 00 $0 00 5440 TELEPHONE $0 00 $0 00 5450 BUILDING & GROUNDS MAINTENANCE $0 00 $0 00 TOTAL 5400 UTILITIES & MAINTENANCE $0 00 $0 00 CAPITAL OUTLAY 5510 FURNITURE & EQUIPMENT $22 220 00 $20 760 00 5520 BUILDING & LAND IMPROVEMENTS $0 00 $0 00 TOTAL 5500 CAPITAL OUTLAY $22~220 00 $20 760 00 MISCELLANEOUS 5610 CONTINGENCY $0 00 $0 00 5620 MISCELLANEOUS $0 00 $0 00 TOTAL 5600 MISCELLANEOUS $0 00 $0 00 DEBT SERVICE 5910 BUILDING & LAND PAYMENT $0 00 $0 00 5920 DATA PROCESSING EQUIPMENT $0 00 $0 00 TOTAL 5900 DEBT SERVICE $0 00 $0 00 TOTAL DEPT #204 RESIDENTIAL $78780365 $88031656 78 2001 BUDGET DEPT #204 - RESIDENTIAL 5100 - PERSONNEL SERVICES 2000 2001 INCREABE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT#$110 SALARIES $021,82'1 3T $083,10606 $51 3?469 THERE ARE 18 FULL TiME POSITIONS IN THIS DEPARTMENT FULL TIME SALARIES $5~6,946 06 PART TIME SALARIES ~26~280 00 TOTAL ACCOUNT #5110 $5831190 06 ACCT #8.120 LONGEVITY FAY $876000 $1102000 $226000 DCAD RECOGNIZES CONTINUED SERVICE WITH LONGEVITY PAY LONGEVITY IS CALCULATED AS FOLLOWS I 10 YEARS OF SERVICE $t0 PER MONTH FOR EACH yEAR OF SERVICE 11 20 YEARS OF SERVICE $15 PER MONTH FOR EACH YEAR OF SERVtCE 20+ YEARS OF SERVICE $20 PER MONTH FOR EACH YEAR OF SERVICE TOTAL ACCOUNT #8120 $11r020 00 ACCT #8130 SOCIAL SECURITY (FICA) $3806421 $4280500 $384079 SOCIAL SECURITY IS CALCULATED ON BOTH FULL AND PART TIME SALARIES CERTAIN EMPLOYEES DO NOT CONTRIBUTE FICA TOTAL ACCOUNT #8130 $421E08 O0 ACCT ~140 RETIREMENT (TCDRS) $3306553 ~49 924 22 $16,35860 RETIREMENT IS APPLICABLE ONLY TO FULL TIME EMPLOYEES RETIREMENT IS 8 79% OF GROSS PAY TOTAL ACCOUNT #0140 $49r924 22 ACCT#8150 WORKERB COMPINBURANCE $757305 $603246 ($1 54059) THE DISTRICT PAYS WORKERS' COMPENSATION PREMIUMS ON ALL FULL AND PART TIME EMPLOYEES AND ON THE BOARD OF DIRECTORS AND APF~EAISAL REVIEW BOARD MEMBERS TOTAL ACCOUNT #8.150 $61032 46 ACCT #$~160 GROUP HEALTH INSURANCE $62 050 32 $70 651 44 $8,601 12 GROUP HEALTH INSURANCE IS PROVIDED TO ALL FULL TIME EMPLOYEES TOTAL ACCOUNT #5160 $701651 44 TOTAL 5100 - PERSONNEL SERVICES $682,734 4~ $763,629 18 $80,894 70 79 2001 BUDGET DEPT #204 - RESIDENTIAL 5200 - EDUCATION & TRAINING 2000 2001 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #~210 MEMBERSHIPS, 8UBSC & DUES $141500 $180000 $38000 THIS ACCOUNT IS CHARGED FOR ALL MEMBERSHIPS AND DUES AND SUBSCRIPTIONS TO EDUCATIONAL MEDIA TOTAL ACCOUNT #0210 $1~800 O0 ACCT#0220 TRAINING SCHOOLS, CONFERENCES&TRAVEL $1500000 $20,00000 $000000 THIS ACCOUNT IS CHARGED FOR ALL EDUCATIONAL RELATED TRAINING AND TRAVEL TOTAL ACCOUNT #52,20 $201000 00 TOTAL 5200 - EDUCATION & TRAINING $16,415 00 $21,800 00 $5,385 00 go 200'1 BUDGET DEPT #204 - RESIDENTIAL 5300 - SERVICES RECEIVED 2000 2001 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREABE ACCT #5310 APPRAISAL REVIEW BOARD $000 $000 $000 THiS BUDGET ITEM 18 CHARGED FOR PAYMENTS TO THE 12 MEMBER ARB PANEL FOR WORK PERFORMED DURING THE MANDATED EQUALIZATION PROCESS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #0310 $0 00 ACCT #~315 OIL OAS HEAVY INDUSTRIAL AND UTILITY VALUATION $0 00 $0 00 $0 00 THIS BUDGET ITEM IS FOR CONTRACTED SERVICES THIS ITEM WAS RE BID IN DECEMBER 1999 FOR 2000 AND 2001 THIS ACCOUNT IS APPLICABLE ONLY TO THE PERSONAL PROPERTY DEPARTMENT TOTAL ACCOUNT #53t5 $0 O0 ACCT #5320 Gl8 SERVICES $0 00 $0 00 $0 00 THIS BUDGET ITEM IS A PRORATED SHARE OF AERIAL COSTS THIS ACCOUNT IS APPLICABLE ONLY TO THE MAPPING/GIS DEPARTMENT TOTAL ACCOUNT #5320 $0 00 ACCT #0325 LEGAL SERVICES $000 $000 $000 THIS BUDGET ITEM IS CHARGED FOR ALL LEGAL EXPENSES ASSOCIATED WITH DEFENDING VALUES THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5325 $0 00 ACCT ~5330 AUDIT $000 $000 $000 THIS BUDGET iTEM IS FOR THE ANNUAL AUDIT THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5330 $0 00 ACCT #5340 DEED, BALEB, AND VALUE INFORMATION $1 902 25 $1 716 50 ($'185 ?5) THIS BUDGET ITEM iS CHARGED FOR EXPENSES JNCURRED TO OBTAIN OWNERSHIP SALES AND VALUE INFORMATION TOTAL ACCOUNT #5340 $1r716 50 ACCT #5340 AUTO EXPENBE REIMBURSEMENT $64 531 92 $?2 410 88 $7 878 96 THIS BUDGET ITEM IS TO COMPENSATE EMPLOYEES FOR THE USE OF THEIR PRIVATELY OWNED VEHICLES DURING THE PERFORMANCE OF THEIR JOB DUTIES TOTAL ACCOUNT #0345 $72 410 88 $! 200'1 BUDGET DEPT #2041- RESIDENTIAL 5300 - SERVICES RECEIVED (conhnued) 2000 2001 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #F~300 GENERAL INSURANCE $000 $000 $000 ALL rNSURANCE EXCEPT GROUP HEALTH AND WORKERS COMPENSATION IS CHARGED TO THIS AOCOUNT THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #~00 $0 00 ACCT #~160 PRINTING SERVICES $000 $000 $000 THIS ACCOUNT IS CHARGED FOR ALL ITEMS THAT ARE PRINTED AND MAILED ITEMS THAT ARE PRINTED AND CONSUMED WITHIN THE BUILDING ARE CHARGED TO OFFICE SUPPLIES THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5360 $0 O0 ACCT #~170 POSTAGE AND FREIGHT $000 $000 $000 THIS ITEM 18 CHARGED FOR ALL ITEMS THAT ARE MAILED WE ARE ANTICIPATING AN EXPENSE INCREASE DUE TO AN EXPECTED POSTAGE RATE INCREASE AND DUE TO THE INCREASE IN THE NUMSER OF ACCOUNTS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #8370 $0 00 ACCT #~300 LEGAL NOTICES & ADVERTISING $000 $000 $000 THIS ACCOUNT IS CHARGED FOR ADVERTISEMENTS IN NEWSPAPERS CONCERNING EXEMPTION MATTERS SUCH AS HOMESTEADS OVER-65 DISABLED VETERANE AND PRODUCTIVITY VALUATrON MATTERS OTHER ADVERTISEMENTS HAVE TO DO WITH APPRAISAL REVIEW NOTICES MISCELLANEOUS CLASSIFIEO ADVERTISING~ AND INVITATIONS TO BID THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #6380 $0 00 ACCT #5~90 OFFICE SUPPLIES $000 $000 $000 THE OFEICE SUPPLY BUDGET IS COMPRISED OF EXPENSES INCURRED FOR TRADITIONAL OFFICE SUPPLY ~TEMS TOTAL ACCOUNT #6390 $0 00 TOTAL 5300 - SERVICEE RECEIVED $66,434 17 $74,127 36 $7,693 21 82 2001 BUDGET DEPT #204 - RESIDENTIAL 5400 - UTILITIES AND MAINTENANCE 2000 2001 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #~410 OFFICE EQUIPMENT MAINTENANCE $000 $000 $000 MAINTENANCE OF ALL OFFICE EQUIPMENT EXCEPT THE PRIMARY COMPUTER PERIPHERAL DEVICES AND PERSONAL COMPUTERS IS CHARGED TO THIS ACCOUNT CHARGES TO THIS ACCOUNT ARE FOR COPIERS CALCULATORS FORM BURSTERS FOLDERS ETC TOTAL ACCOUNT #5410 $0 00 ACCT #~t20 DATA PROCESSING MAINTENANCE $000 $000 $000 THIS ACCOUNT IS COMPRISED OF BOTH DATA PROCESSING HARDWARE AND SOFTWARE MAINTENANCE BOTH ITEMS ARE CHARGED TO THIS ACCOUNT SO THAT THE TOTAL COST OF DATA PROCESSING WILL BE SHOWN IN ONE ACCOUNT THiS ACCOUNT IS APPLICABLE ONLY TO THE DATA PROCESSING DEPARTMENT TOTAL ACCOUNT #5420 $0 00 ACCT #~430 ELECTRICITY~ WATER, SEWER AND SOLID WASTE $0 00 $0 00 $0 00 THIS BUDGET ITEM IS FOR THE DISTRICTS CITY PROVIDED UTILITIES THIS ACCOUNT IS APPMCABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #,5430 $0 O0 ACCT #5440 TELEPHONE $000 $000 $000 THIS BUOGET ITEM IS FOR THE DISTRICTS TELEPHONE EXPENSE THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5440 $000 ACCT ;~4E0 BUILDING AND GROUNDS MAINTENANCE $000 $000 $000 THIS BUDGET ITEM COMPRISES ALL BUILDING AND GROUNDS MAINTENANCE THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5400 $000 TOTAL 5400 - UTILITIES AND MAINTENANCE $0 00 $0 00 $0 00 2001 BUDGET DEPT #204 - RESIDENTIAL 5500 - CAPITAL OUTLAY 2000 2001 INCREASE OR CLABBIFICATION BUDGET BUDGET DECREASE ACCT #S010 FURNITURE AND EQUIPMENT $2222000 $201'6000 ($146000) AN ASSET SCHEDULE APPEARS AT THE BACK OF THE BUDGET TOTAL ACCOUNT #S$10 $201760 0 ACCT #$020 BUILDING AND LAND IMPROVEMENTB $000 $000 $000 THIS BUDGET ITEM IS CHARGED FOR VARIOUS BUILDING AND LAND IMPROVEMENTS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT//,5520 $0 0( TOTAL 5500 - CAPITAL OUTLAy $22,220 00 ($~,460 00) 84 2001 BUDGET DEPT #204 - RESIDENTIAL 5600 - MISCELLANEOUS 2000 2001 INCREASE OR CLASSIFICATION BUDOET BUDGET DECREASE ACCT #5610 CONTINGENCY $000 $000 $000 THE FUNDS IN THIS BUDGET ITEM ARE APPROPRIATED FOR UNANTICIPATED EXPENDITURES ALL ANTICIPATED EXPENDITUREB ARE BUCGETED IN SPECIFIC ACCOUNTS THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5610 $000 ACCT #S$20 MISCELLANEOUS $000 $000 $000 THIS ACCOUNT IS FOR ITEMS THAT WILL NOT FIT WELL IN ANOTHER CATEGORY THIS ACCOUNT IS APPLrCABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #5620 $00( TOTAL 5600 - MISCELLANEOUS $0 00 $0 00 $0 0~0 2001 BUDGET DEPT #204 - RESIDENTIAL 5900 - DEBT SERVICE 2000 2001 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT ~910 BUILDING AND LAND PAYMENT $0O0 $000 $000 THIS ACCOUNT IS CHARGED FOR THE PAYMENTS ON THE APPRAISAL DISTRICT*S BUILDING AND LAND NOTE THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #~9t0 $0 00 ACCT #5920 DATA PROCEEEING EQUIPMENT PAYMENT8 $000 $000 $000 THiS ACCOUNT IS CHARGED FOR THE PAYMENTS ON THE APPRAISAL DISTRICT'S PRIMARY COMPUTER SYSTEM THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT TOTAL ACCOUNT #0910 $0 01 TOTAL 5900 - DEBT SERVICE $0 00 $0 00 $0 00 DEPARTMENT TOTAL ~ $787 803 65 I I $880 316 56 I I $92 512 91 I 2001 BUDGET ALLOCATIONS WORKSHEET % OF DENTON OUT OF 2001 1999 TOTAL COUNTY COUNTY BUDGET JURISDICTIONS TAX LEVY LEVIES CHARGES CHARGES ALLOCATIONS SCHOOL DISTRICTS S01 ARGYLE lSD $5,765,726 52 1 4983% $66,635 11 $66,635 11 S02 AUBREY lSD $2,455,589 67 0 6381% $28,379 51 $28,379 51 S05 DENTON ISD $56,421,583 83 14 6615% $652,070 18 $652,070 18 S07 KRUM [SD $1,834,079 80 0 4766% $21 196 65 $21,196 65 S08 LAKE DALLAS ISD $8,369,431 63 2 1748% $96,726 40 $96 726 40 S09 LEWISVILLE ISD $154,555,65965 401622% $1,786,21602 $1,78621602 SI0 LITTLE ELM ISD $3,807,725 16 0 9895% $44,006 28 $44,006 28 SII NORTHWEST lSD $31,649,210 88 8 2242% $365,773 26 $67,121 00 $432,894 26 SI2 PILOT POINT lSD $3,264,418 91 0 8483% $37,727 23 $14 086 00 $51,813 23 SI3 PONDER ISD $1,446,463 53 0 3759% $16,716 93 $16,716 93 S14 SANGERISD $3,526,50224 09164% $40,756 16 $40,756 16 SCHOOL DISTRICTS TOTALS $273,096,39181 709657% $3,156,20373 $81,20700 __$3,237,41073 G01 DENTON COUNTY $43,944,442 85 11 4192% $507 870 55 $507,870 55 CITIES C26 CITY OF ARGYLE $558,26035 0 1451% $6451 87 $6,451 87 C01 CITY OF AUBREY $199,11048 00517% $2301 14 $2,301 14 C31 TOW3q OF BARTONVILLE $156,66274 00407% $181057 $1,81057 C03 CITY OF THE COLONY $6,732,783 51 1 7496% $77,811 49 $77 811 49 C04 TOWN OF CORINTH $3,166,392 99 0 8228% $36 594 34 $36,594 34 C27 TOWN OF COPPER CANYON $109,010 98 0 0283% $1 259 85 $1,259 85 C05 CITY OF DENTON $12,872,072 82 3 3449% $148,763 90 $148,763 90 C30 CITY OF DOUBLE OAK $362,528 35 0 0942% $4,189 78 $4 189 78 C07 CITY OF FLOWER MOUND $13,162,251 74 3 4203% $152,117 53 $152,117 53 C22 TOWN OF HACK. BERRY $13,923 57 0 0036% $160 92 $160 92 C19 TOWN OF HIC~KORY CREEK $401,994 90 0 1045% $4,645 90 $4,645 90 C08 CITY OF HIGHLAND VLG $4,561,989 38 I 1855% $52,723 39 $52,723 39 C09 CITY OF JUSTIN $303 672 27 0 0789% $3,509 57 $3 509 57 C lB CITY OF KRUOERVILLE $48,457 33 0 0126% $560 03 $560 03 CIO CITY OF KRUM $132,099 89 0 0343% $1,526 69 $1,526 69 CIl CITY OF LAKE DALLAS $1,022,29588 02656% $11,81478 $11,81478 C25 CITY OF LAKEWOOD VILG $59,345 65 0 0154% $685 86 $685 86 C12 CITY OF LEWISVILLE $15,632,956 34 4 0623% $180,671 72 134 00 $I80,805 72 CI3 CITY OF LITTLE ELM $351,846 52 0 0914% $4,066 33 $4 066 33 C23 CITY OF MARSHALL CRK $10,091 39 0 0026% $116 63 $116 63 C33 CITY OF NORTHLAKE $83,294 57 0 0216% $962 64 $962 64 C24 CITY OF OAK POINT $410,211 64 0 1066% $4,740 86 $4,740 86 CI4 CITY OF PILOT POINT $509,401 08 0 1324% $5,887 20 $5 887 20 Cf5 CITY OF PONDER $45,749 46 0 0119% $528 73 $528 73 CI7 CITY OF ROANOKE $533,83011 01387% $6,16953 $6,16953 C16 CITY OF SANGER $566,795 48 0 1473% $6 550 52 $6,550 52 C34 TOWN OF SHADY SHORES $226,802 51 0 0589% $2,621 18 $2,621 18 C28 CITY OF TROPHY CLUB $1,733,604 35 0 4505% $20 035 45 $20,035 45 CITIES TOTALS $63,967,436 28 16 6~223% $739,278 40 $134 00 $739,412 40 87 2001 BUDGET ALLOCATIONS WORKSHEET % OF DENTON OUT OF 2001 1999 TOTAL COUNTY COUNTY BUDGET JURISDICTIONS TAX LEVY LEVIES CHARGES CHARGES ALLOCATIONS SPECIAL DISTRICTS W04 CLEARCREEK WATERSHED AUTHORITY $21,578 71 0 0056% $249 39 $249 39 W07 CORINTH MUD $223,000 55 0 0579% $2,577 24 $2,577 24 F01 DENTON COUNTY FIRE DISTRICT $82,612 75 0 0215% $954 76 $954 76 L01 DENTON COUNTY LEVY IMPROVEMENT DIST gl $183,852 52 0 0478% $2 124 80 $2,124 80 W05 TROPHY CLUB MUD g2 $658,16588 01710% $760649 $7,60649 RUD DENTON COUNTY ROAD & UTILITY DISTRICT gl $1,280,010 84 0 3326% $14,793 22 $14 793 22 W03 TROPHY CLUB MUD gl $878,452 26 0 2283% $10,152 37 $378 68 $10,53 l 05 WI0 DENTONCO FRESH WATER DIST #lB $324,177 70 0 0842% $3 746 56 $3,746 56 Wll DENTON CO FRESH WATER DISTglC $1,970 58 0 0005% $22 77 $22 77 WI2 DENTON CO FRESH WATER DIST #ID $166,55277 00433% $1,92487 $1,92487 SPECIAL DISTRICTS TOTALS $3,820,374 54 0 9927% $44,152 47 $378 68 $44 531 15 GRAND TOTALS $384,8281645 48 100 0000% $4 447,505 15 $81 719 68 $4,529,224 83 88 ~shared~dmin~budget~2001 budge~\00budget xls 200'1 CAPITAL EXPENSES DEPT DESCRIPTION QUANTITY PRICE TOTAL DEPT #101 - ADMINISTRATION DEPARTMENT ASSETS (A) LASER PRINTER FOR SUPPORT SERVICES 1 $ 2 000 00 $ 2 000 00 TOTAL ADMINISTRATION DEPARTMENT ASSETS $ 2 00========~0 00 DEPT #102 - MAPPING DEPARTMENT ASSETS (A) DIGITIZING TABLE 1 $ 1 700 00 $ 1 700 00 (BI CALCULATORS 2 $ 200 00 $ 40000 TOTAL MAPPING DEPARTMENT ASSETS $ 2 100 00 DEPT #103 APPRAISAL SUPPORT DEPARTMENT ASSETS (A) OFFICE DESK MODULE 1 $ 1 000 00 $ 1 000 00 (BI CHAIR I $ 300 00 $ 300 00 (C) PHONE 1 $ 325 00 $ 325 00 (D) COMPUTER AND MONITOR 1 $ 2 500 00 $ 2 500 00 TOTAL APPRAISAL SUPPORT DEPARTMENT ASSETS $ 4,125 00 DEPT #104 DATA PROCESSING DEPARTMENT ASSETS (A) FIJITSU 3097 MG SCANNER 1 $ 4 300 00 $ 4 300 00 (B) DLT TAPE LIBRARY 1 $ 558000 $ 558000 APPRAISAL REVIEW BOARD ENHANCEMENT (C) THIN CLIENT NETWORK COMPUTERS 5 $ 600 00 $ 3 000 00 (D) 10 CHANNEL VIDEO SPLITTER 1 $ 119600 $ 119600 (E) GRAPHICS MONITORS 11 $ 345 00 $ 3 795 00 TOTAL DATA PROCESSING DEPARTMENT ASSETS $ 17871 00 DEPT #105- OVERHEAD (A) MODIFICATION OF CONFERENCE TABLE FOR ARB 1 $ 3 600 00 $ 3 600 00 (BI COMPUTER & MONITOR FOR ARB PANEL 1 $ 2 500 00 $ 2~500 0~0 TOTAL OVERHEAD DEPARTMENT ASSETS $ 6 100 00 DEPT #201 - COMMERCIAL DEPARTMENT ASSETS (A) ELECTRIC STAPLERS 2 $ 150 00 $ 300 00 (BI CHAIR 1 $ 260 00 $ 260 00 (C) 42' LATERAL FILING CABINET I $ 500 00 $ 500 00 (D) CUSTOMER CHAIRS 2 $ 100 00 $ 200 00 TOTAL COMMERCIAL DEPARTMENT ASSETS $ I 260 00 2001 CAPITAL EXPENSES DEPT DESCRIPTION QUANTITY PRICE TOTAL DEPT #202 - LAND DEPARTMENT ASSETS (A) FILE CABINET (LATERAL) 1 $ 600 00 $ 600 00 (B) FILE CABINET (LETTER) 1 $ 200 00 $ 200 00 (C) CHAIR 1 $ 300 00 $ 300 00 (D) DESK 1 $ 450 00 $ 450 00 (E) BOOKSHELVES 1 $ 15000 $ 15000 (F) TELEPHONE 1 $ 325 00 $ 325 00 (G) COMPUTER AND MONITOR 1 $ 2 500 00 $ 2,500 00 TOTAL LAND DEPARTMENT ASSETS $.~.__4~525 0~0 DEPT #203 - PERSONAL PROPERTY DEPARTMENT ASSETS TOTAL PERSONAL PROPERTY DEPARTMENT ASSETS $ DEPT 1/204 RESIDENTIAL DEPARTMENT ASSETS (A) 4 DRAWER LATERAL FILING CABINET 1 $ 600 00 $ 600 00 (B) DESKS FOR SUPPORT CLERKS 2 $ 450 00 $ 900 00 (C) ELECTRIC STAPLER 1 $ 160 00 $ 160 00 (D) BINOCULARS 6 $ 100 00 $ 600 00 (E) SCANNER 1 $ 4 500 00 $ 4 500 00 (F) LICENSE FOR SCANNER 1 $ 9 500 00 $ 9 500 00 (G) PERSONAL COMPUTER TO USE WITH SCANNER 1 $ 1 800 00 $ 1 800 00 (H) DIGITAL CAMERA 3 $ 900 00 $ 2 700 00 TOTAL RESIDENTIAL DEPARTMENT ASSETS $ 20 760 00 TOTAL ASSETS 12 58 741 00 J f ~shared',admin~budgel~200 lbudget\01budget xl$ 2001 SALARY SCHEDULE 2001 DEPT TITLE SALARIES #101 ADMINISTRATIVE CHIEF APPRAISER $82 377 40 DEPUTY CHIEF APPRAISER $67 864 39 DIRECTOR OF ADMINISTRATION $65 981 47 OFFICE MANAGER $41 526 14 SUPPLEMENTS & AGENT FORMS MANAGER $37 967 05 MAINTENANCE EMPLOYEE $20 048 77 PART TIME $3 150 00 TOTAL ADMINISTRATIVE $318 915 22 #102 MAPPING MAPPING MANAGER $50 240 40 QUALITY CONTROL TECH $29,610 00 MAPPING TECHNICIAN II $26 460 00 MAPPING TECHNICIAN II $26 460 00 MAPPING TECHNICIAN II $26 460 00 MAPPING TECHNICIAN I $23 687 44 MAPPING TECHNICIAN I $23 687 44 GIS SYSTEMS ANALYST $52 500 00 GIS TECHNICIAN III $37 800 00 PART TIME $27,430 20 TOTAL MAPPING $324 335 49 #103 APPRAISAL SUPPORT DIRECTOR OF SUPPORT SERVICES $44 990 40 APPRAISAL SUPPORT MANAGER $32 348 64 EXEMPTION SPECIALIST $28 728 00 APPRAISAL SUPPORT CLERK - II $26 207 45 APPRAISAL SUPPORT CLERK II $26 207 45 APPRAISAL SUPPORT CLERK II $2620745 APPRAISAL SUPPORT CLERK II $26 207 45 APPRAISAL SUPPORT CLERK - II $26 207 45 APPRAISAL SUPPORT CLERK - II $26 207 45 PART TIME $4 424 28 TOTAL APPRAISAL SUPPORT $267 736 00 #104 DATA PROCESSING DATA PROCESSING MANAGER $58 599 25 SENIOR INFORMATION SPECIALIST $33 574 09 MICROCOMPUTER SPECIALIST $30,142 97 IMAGING AND RECORDS MANAGEMENT SPECIALIST $29,828 64 TOTAL DATA PROCESSING $152 144 94 #201 COMMERCIAL APPRAISAL SUPERVISOR COMMERCIAL PROPERTY $54 217 93 SENIOR COMMERCIAL APPRAISER $40 941 26 COMMERCIAL APPRAISER $35 092 51 COMMERCIAL APPRAISER $35 092 51 COMMERCIAL APPRAISER $35,092 51 COMMERCIAL APPRAISER $24 564 75 APPRAISAL SUPPORT CLERK - I $23 687 44 PART TIME $4 200 00 TOTAL COMMERCIAL $252 888 92 DEPT TITLE #202 LAND DEPARTMENT APPRAISAL SUPERVISOR LAND $57 230 04 SENIOR LAND APPRAISER $40 941 26 LAND APPRAISER $35 092 51 LAND APPRAISER $35 092 51 APPRAISAL SUPPORT CLERK 1 $23 688 00 PART TIME $8,032 75 TOTAL LAND $200 077 08 #2O3 PERSONAL PROPERTY APPRAISAL SUPERVISOR PERSONAL PROPERTY $54 217 93 SENIOR APPRAISER-PERSONAL PROPERTY $38 804 47 PERSONAL PROPERTY APPRAISER $35 092 51 PERSONAL PROPERTY APPRAISER $35 092 51 PERSONAL PROPERTY APPRAISER $35 092 51 PERSONAL PROPERTY APPRAISER $35 092 51 APPRAISAL SUPPORT CLERK 1 $23 687 44 PART TIME $5 241 60 TOTAL PERSONAL PROPERTY $262 321 48 #204 RESIDENTIAL APPRAISAL SUPERVISOR RESIDENTIAL PROPERTY $54 217 94 SENIOR APPRAISER-RESIDENTIAL PROPERTY $38 630 72 SENIOR APPRAISER-RESIDENTIAL PROPERTY $38 630 72 RESIDENTIAL PROPERTY APPRAISER $31 673 51 RESIDENTIAL PROPERTY APPRAISER $31 673 50 RESIDENTIAL PROPERTY APPRAISER $31 673 51 RESIDENTIAL PROPERTY APPRAISER $31 673 51 RESIDENTIAL PROPERTY APPRAISER $31 673 51 RESIDENTIAL PROPERTY APPRAISER $28 136 59 RESIDENTIAL PROPERTY APPRAISER $28 136 59 RESIDENTIAL PROPERTY APPRAISER $31 673 51 RESIDENTIAL PROPERTY APPRAISER $31,673 51 RESIDENTIAL PROPERTY APPRAISER $31 673 51 APPRAISAL SUPPORT CLERK $21 055 65 APPRAISAL SUPPORT CLERK - I $23 687 44 APPRAISAL SUPPORT CLERK I $23 687 44 INFORMATION SPECIALIST-RESIDENTIAL PROPERTY $23 687 44 INFORMATION SPECIALIST RESIDENTIAL PROPERTY $23 687 44 PART TIME $26 250 00 TOTAL RESIDENTIAL $583 196 06 TOTAL SALARIES ~ $2 361 615 20 I 92 Agenda AGENDA INFORMATION SHEET ~lend~l~l~m_ ~ ~_ DEPARTMENT: Plying Dep~ent ~ C~DC~ACM. David H~ll, 349-8314 SUBJECT - ZP-00-002 (Dtamond Rtdge) Continue a public heanng and consider adoption of an ordinance approving a Zoning Plan, to rezone 3901 Pockrus Page Road from an Agriculture zomng district to a Planned Development (PD) zomng d~stnct The 20 1 acre property is generally located on the north side of Pockrus Page Road, east of Interstate 35 East A single family subd~msmn with open spaces ~s proposed The Planning and Zomng Comm]ssmn recommends demal (4-2) BACKGROUND ~' Tins apphcatlon was continued from the July 25, 2000 City Council meeting at the applicant request (See Attachment 2) On August 8, 2000, the appheant's represenntat~ve submitted a letter requesting a complete wthdrawal of the zomng ease (See Attachment 1) } Although C~ty Council can continue the pubhc heanng, past practice and pohey has been to allow apphcants to w~thdraw their appheat~ons OPTIONS 1 Grant the w~thdrawl 2 Approve as submitted 3 Approve with conditions 4 Deny 5 Postpone eons~deratmn 6 Table ttem ATTACHMENTS 1 Request or w~thdrawl 2 Request for postponemnet 3 July 25, 2000 C~ty Council staffreport well, AICP D~rector of Planning and Development Prepared by Beth Hudson Planner I 1. 08105100 19 46 FAX 9404822911 BRU££ R FENNELL ~02 ATTACHMENT 1 Surveyors & Engineers of 1Worth Texas Ph (~40) 482-2~05 lv'~yor, City of Denton Ctty of Denta~ 215 £ .~gl~ey $~o~ Denton, Texan 76201 ~.~. wl~adrswal o1' Zonh~ l~,oquost For Dhmond l~Mge Rsmzes (ZI'-O0-O02) ATTACHMENT 2 Surveyors & Engineers of North Texas ATTACHMENT S 1621 Amanda Court Ponder, Texas 76259 Ph (940) 482-2606 FAX (940) 482 2911 Toll-Free (877) 481 SENT wwv sentcorp corn Tuesday, July 18, 2000 Ms Beth Hudson Planner Ct%, of Denton Plonn,ng Department Re Dtamond Rddge Estates - Council Meeting postponement Ms Hudson, We respectfillly request a postponement of our Zoning Plan case being pled before the Cl%, Council until August 15, 2000 The owner vall be out of the area tmtil this tune and would hk¢ to at~end the meeting ATTACHMENT 3 AGENDA INFORMATION SHEET Agenda No Agenda Item AGENDA DATE: Suly 25, 2000 DEPARTMENT: Planning Department i ~. CM/DCM/ACM: Dave Hill, 349-8314 ~ SUBJECT - ZP-00-002 (Diamond Ridge Estates) Hold a pubhc heanng and consider approving a Zomng Plan, to rezone 3901 Pockrus Page Road from an Agriculture (AG) zoning district to a Planned Development (PD) zoning district The 20 1 acre property is generally located on the north side of Pockrus Page Road, east of Interatate 35 East A single family subdivision with open spaces is proposed The Planning and Zoning Commission recommends denial (4-2) BACKGROUND The developer is requesting a Planned Development (PD) zoning district classification for th~s 20 1 acre property to develop a single family subdivision The property is currently zoned Agriculture (AG) The proposed development will consist of 74 single family homes, ranging in size from 4,050 square feet to approximately one acre (43,560 square feet) and one large open space lot The open space lot is over 4 5 acres and will provide play equipment, passive recreational space, pmmc area, and space for a community garden The density ofttus development is 3 7 umts per acre, whmh is in accordance with the density standards and criteria of the interim development regulations The project is allowed addmonal density by providing more than the nummum required open space, recreational facilities, and three design elements (See Enclosure 6 of the P&Z report ) A hike and bike trail extends from the southeast comer to the northwest comer of the site A six foot brick fence is proposed along Pockrus Page Road that will include entry features at the intersections ~ The subject property is located in an Agriculture zoning district when it was annexed on February 7, 1984 by Ordinance 84-17 >' The 1999-2020 Denton Comprehensive Plan describes tlus site as both a Neighborhood Center and a Regional M~xed Use Center The Neighborhood Center can contain uses that support the surrounding neighborhood, such as servme-onented retail and/or professmnal offices, Provision of open space, such as central neighborhood "greens" and floodplain preservation, is also encouraged in Neighborhood Centers Neighborhood Centers can also develop m conventional residential pattems The Regional Mixed Use Center designation on the west portion of the site is intended to provide shopping, services, recreation, employment, and mstltutmns that serve an entire region Regional nuxed use centers could contain a regional mall, major employers, a large bagh school or college, reereatmn, and lugh-denmty housing The majority of the project area lies within a Neighborhood Center land use district and is also on the edge of the Regional Mixed Use Center district The Regional Mixed Use Center covers approximately the western 300 feet of the site, in an area less than 5 acres, and lncludesthemajontyoftheslte s open space and tts detentlon pond Theremalmng develapable area is not large enough to build a regional mall, major employment center, or a large high school or college While one-acre lots typically are not desirable an a Regional Mixed Use Center designation, Andrews Corporation, a large industrial facility to the northwest, has expressed concerns regarding the placement of residences in their immediate vicinity In this ease, these two lots serve as a buffer to the remainder of the project's residences, in addition to approximately 40 feet of open space, thereby reducing the number of homes that are close to the industrial site At staff's request, the homes in the northeast comer (labeled Traditional Area) were relocated in order to preserve a significant stand of post oak trees Five (5) property owners were notified of the zoning request Four (4) responses have been received, two (2) are in favor, and two (2) are opposed (see Attachment 2) PRIOR ACTION/REVIEW The following is a chronology of ZP-00-002, commonly known as Diamond Padge Estates Application Date - March 15, 2000 DRC Date(s) - March 23, 2000 and May 25, 2000 P&Z Date - June 14, 2000 ESTIMATED PROJECT SCHEDULE Ifth~s Zoning Plan is approved, the applicant can submit a Project Plan The property will still have to be platted prior to any building permits being approved FISCAL 'INFORMATION Development of this property will increase the assessed value of the city, county, and school dlstnot I~ will require no short-term public improvements that are the responslblhty of the city P&Z SUGGESTED RECOMMENDATION The Planmng and Zonmg Commission recommended denial (4-2) of th~s zoning request at its June 14, 2000 meeting Finding that 1 The residential area could be negatively affected by the dust, noise, and light from the mdustnal use in the area, and 2 The one acre single family lots an the Regional Mixed Use Center designation area on the west side do not follow the intent of the Denton Plan 5 OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item Note: The applicant has requested a postponement of their case to the August 15, 2000, City Council meeting ATTACHMENTS 1 Planning and Zomng Commission Report, June 14, 2000, (ZP-00-002) 2 Property Owners' Responses 3 Planmng and Zoning Commission minutes from June 14, 2000 4 Draft Ordinance 5 Postponement request of July 18, 2000 ~lly submitte__d Director of Planning and Development Prepared by Beth Hudson, Planner I e PLANNING AND ZONING COMMISSIONAgendaNo Agenda Item / STAFF REPORT Date ATTACHMENT 1 Subject. Diamond Ridge Estates Case Number ZP-00-002 Staff. Beth Hudson, Planner I Agenda Date. June 14, 2000 I Hold a pubhc hearing and consider making a recommendabon to the C~ty Council concermng the Zomng Plan of 20 1 acres from an Agnculture (A) zomng d~stnct to a Planned Development (PD) zomng d~stnct Single Family residential and an open space lot ~s proposed LOCATION MAP Cocation It Is located on the north side of Pockrus Page Road, east of 1-35 Size 20 1 acme 1. Applicant Allen Bussell Owner Housang Jahvan~ SENT Corporabon RM & KM Development 1621 Amanda Court 1452 Halsey Way Ponder, Texas 76259 Carrollton, Texas 75007 This development ~s subject to the requirements and procedures of the interim development regulations for residential development by Ordinance No 2000-046 The Zoning Plan ~s the first step in a two-step,zomng process as required by the aforementioned Ordinance No residential development apphcatlon shall be approved until a Zoning Plan has been approved for the land descnbed ~n the apphcabon The approved Zoning Plan shall become part of the regulations that govern the development of the subject s~te The developer,~s requesting a Planned Development (PD) zomng d~stnct class~ficabon for th~s 20 1 acre property to develop s~ngle family subdlws~on (See Enclosure 1) The property ~s currently zoned Agriculture (A), (See Enclosure 2) The proposed development w~ll consist of seventy-four single family homes, ranging ~n s~ze from 4,050 square feet to approximately one acre (43,560 square feet) and one large open space lot The smaller lots w~ll be accessed from the rear by alleys The open space lot ~s over 4 5 acres and w~ll prowde play equipment, passive recreational space, p~cmc area, and space for a commumty garden A hike and bike trail extends from the southeast corner to the northwest corner of the s~te A s~x foot brick fence ~s proposed along Pockrus Page Road that w~ll ~nclude entry features at the ~ntersect~ons 1. Transportation A Tnp generabon The proposed development would generate approximately 707 tnps per day ~f bruit out w~th S~ngle Famdy residences (see Table 1 ) Table 1 Projected Trip Generation  Land Use I Average Trip I Estimated Lots Total Trip ~ I Generation* I Generation ! * Calculabons provided by the Institute of Transportation Engineers, 1991 B Access Th~s develoPment w~ll have access to Pockrus Page Road to the south The development ~s also providing a stub to the east, providing a connection w~th future res~denbal development C Road Capacity Pockrus Page Road ~s ~dentlfied as a collector street by the 1998 Denton Mob~hty Plan Th~s street ~s designed to be a four (4) lane undlwded street w~thout parking, prowdmg four (4) lanes of through traffic As such, ~ts designed traffic capacity allows for a tolerable traffic flow of up to 14.900 trips per day Pockrus Page Road ~s currently constructed w~th two (2) lanes w~thout parking NO traffic count for Pockrus Page Road has been done recently (See Enclosure 3 ) D Pedestnan L~nkages S~dewalks along all pubhc streets are required H~ke and b~ke tra~ls ara also being prowded 2 Utilities An ex~sbng 8" water line runs along Pockrus Page Road to approximately the centerofthe s~te It w~ll need to be extended to the eastern edge of the s~te and throughout the development A samtary sewer hne extension w~ll be required to serve th~s development 3 Drainage and Topography New development w~ll be required to design and construct a drainage system to c~ty standards A prehm~nary drainage study w~ll be required with the submission of a prehm~nary plat The study must ~nclude calculabons of the 100-year storm for all drainage areas on th~s property and any area that drains towards this property The developer must ~nd~cate the method by which the run- off will be carried across the property or stored on the property 4 Signs No signs have been proposed 5 Off-Street Parking Every home w~ll be required to provide two (2) off-site parking spaces 6 Landscaping Th~s property w~ll have to comply w~th the Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area) In addition, the development is providing a common landscaped area w~th h~ke and b~ke tra~ls Both the common area and the h~ke and b~ke tra~ls have been used to ~ncrease overall density, as allowed under the ~ntenm regulations 7 Open Space and Recreational Areas This residential development w~ll be required to participate ~n the development of pubhc racreabonal areas Through the Park Ded~cabon Ordinance (98-039), th~s development w~ll contnbute to park land dedication and park development fees Dedication requirements are reqmred dunng the platting process Park development fees are required pnor to the ~ssuance of building permits 8 Lighting No restrictions on remdenflal development 9 Environmental Quality Impacts No slgmficant ~mpacts are expected The s~te design has been reconfigured to protect a large stand of post oak trees ~n the southeast corner of the project February 7, 1984 - The subject property was annexed and placed ~n the Agnculture (Al zomng d~stnct and land use class~flcabon by Ordinance 84-17 (see Enclosure 2) The subject property ~s not platted and would need to be platted prior to any development Nobce of the zoning request was pubhshed m the Denton Record-Chromcle on June 3, 2000 F~ve (5} property owners within mo hundred feet were mailed legal notices and ten (10) residents within five hundred feet were sent courtesy notices informing them of the request (see Enclosure 4) As of this wrlbng, there have zero (0) responses No neighborhood meetings have been held The density of th~s development ~s 3 7 units per acre, which ~s m accordance w~th the density standards and~ cntana of the mntenm development regulabons The project ~s allowed add~bonal density by prowdm9 more than the mm~mum required open space, recreabonal facd~bes, and three design elements (See Enclosure 6) All mformabon required for a Zonm9 Plan has been prowded 1999-2000 D~nton Comprehensive Plan Analysis The 1999-2000 Denton Comprehensive Plan describes th~s s~te as both a Neighborhood Center and a Regional M~xed Use Center (See Enclosure 5) Neighborhood Centers are ~ntended to be ~nward- onented residential d~stncts, which focus on the center of the neighborhood These developments should locate the center of the neighborhood w~th~n a 5 to 10-minute walk from the edge of the neighborhood The center can contain uses that support the surrounding neighborhood, such as serv~ce-onented retail and/or professional offices Prowslon of open space, such as central ne)ghborhood "greens" and floodplain preservation, is also encouraged in Ne)ghborhood Centers Neighborhood, Centers can also develop in conventional res~denbal patterns The Reg)onal Mixed Use Center designation on the west port)on of the site IS Intended to provide shopping, services, recreation, employment, and instltubons that serve an entire region Regional mixed use centers could contain a regional mall, major employers, a large high school or college, recreation, and high-density hous)ng D~fferent land uses could be found on different floors of a budding, also known as vertical )ntegrat~on The project area lies mostly wlthln a Neighborhood Center land use district and )s also on the edge of the Reg)onal Mixed Use Center district The Regional Mixed Use Center covers approximately the western 300 feet of the site, In an area less than 5 acres, and Includes the majority of the s~te's open space and its detenbon pond The remalmng developable area ~s not large enough to build a regional mall, major employment center, or a large high school or college While one-acre lots typically are not desirable ~n the Regional M~xed Use Center d~stnct, Andrews Corporabon, a large ~ndustnal fac~hty to the northwest, has expressed concerns regarding the placement of residences In their ~mmedmte vm~nity In thru case, these two lots serve as a buffer to the remainder of the project's residences, in addition to approximately 40 feet of open space, thereby reducing the number of homes that are close to the industrial site Few residences exmt within 500 feet of the proposed development, no compabblhty standards or screening and buffenng are required However, buffering is prowded on three sides of the site, w~th a m~nlmum w~dth of 15 feet Screemng ~n the form of a 6 foot brick fence ~s provided on the remaining s~de Also, no Envirenmentally Sens~twe Area is located on this s~te At staff's request, the homes ~n the Traditional Area were relocated ~n order to preserve a s~gn~fmant stand of post oak trees Staff recommends approval of ZP-00-002 i I move to recommend approval of ZP-00-002 I 1 Recommend approval as submitted 2 Recommend approvalw~th conditions 3 Recommend den~al 4 Postpone cons~derabon 5 Table ~tem 1 Zomng Plan 2 Zomng Map 3 Denton Mob~hty Plan Map 4 200'-500' Nobficabon Map 5 Future Land Use Map 6 Density Calculabon Worksheet ENCLOSURE 2 ~ NORTH ZP-O0-O02 (Diamond Ridge Estates) ZONING MAP 7 Scale None ENCLOSURE 3. ~ ZP-00-002 (Diamond Ridge Estates) NORTH SITE DENTON MOBILITY PLAN MAP Freeways Primary Major Arterials ", ,' Secondary Major Arterials Collectors pg 8. Scale None ENCLOSURE 4 NORTH ZP-00-002 (Diamond Ridge Estates) An drews Corp ~ ~ L~mJt of 500' a Notification L~mit of 201 Not~flcation 200'-500' NOTICE MAP 9. Scale None ENCLOSURE 5 ZP-00-002 (Diamond Ridge Estates) NORTH SITE FUTURE LAND USE MAP pg 10 Scale None ENCLOSURE6 City of Denton Department of Planning and Development Density Calculation Worksheet ProJect Name D~amond R~dge Estates Date June 14, 2000 Base Density 20 1 acres x 3 0 umts per acre = 60 3 un~ts ESA transfers none Open space 2 8 acres needed to achieve maximum density ~ncrease of 10% 4 9 acres provided 3 0 umts per acre + 10% ~ncrease = 3 3 units per acre = 66 3 umts Recreational fac~hties The open space lot will prowde play equipment, passive recreabonal space, p~cmc area, and space for a community garden 3 3 units per acre + (10% ~ncrease of 3 0 units per acre) = 3 6 umts per acre = 72 4 umts Design features proposed Fences (masonry, 6' high) Landscaped Features Proposed H~ke and B~ke Tm~l Density ~ncrease of 0 1 umts per acre is awarded for every three design features proposed Three features proposed = 0 1 umts per acre density increase 3 6 umts per acre + 0 1 umts per acre = 3 7 units per acre = 74 4 un~ts Density as currently proposed 74 un~ts / 20 1 acres = 3 68 un~ts/acre Pg 11 ATTACHMENT 2 NOTICE OF PUBLIC HEARING ZP-00-002 The Planning and Zoning Commission of the City of Denton will hold a pubhc heanng on Wednesday, dune 14, 2000, to constrict rezonmg a 20 0 acres located on Pockrus Page Road, east of I-3`5 East, commonly known as 3901 Pockrus Page Road, from an AgncuIture zoning district to a Planned Development (PD) zoning dlstrmt (see map) The property is legally descnbed as Tract lS6 of the G Walker Survey, Abstract 1130 In the City of Denton. Denton Counly, Texas A Single Family restdenbal development and open space are proposed The public hearing will start at 6 00 p m tn the Ctty Council Chambers of C~ty Hall located at 21,5 E McKtnney Street. Denton, Texas Because you own property w/thin two hundred (200) feet of the subject property, the Planning and Zomng Comml~slon would I~ke to hear how you feel about this zomng change request and inwtes you to attend tire public heanng Please, In order for your opinion to be taken into eccounl, return this form with your COmments pnor to the date of the pubhc hearing (Thi~ in ~o way prohibits you from attending and parbc~pat~ng ~n the p~bllc heanng ) You may fax It to the number located at the bottom, mall it to the address below or drop it off in-person Planning and Development Department 221 N Elm St. Denton, Texas 76201 Attn: Beth Hudson, Planner I The zoning process includes two public hearings designed to provide opportunities for cabzen Involvement and comment Prior to the public heanngs, landowners wthin two hundred (200) feet o~ the subject property are notified of the zoning request by way of this not,ce The firsl pubhc hearing ~s held before the Planning and Zoning Commission The Commission ts Informed of the percent of responses in support and in Opposition Second, the zoning pebbon is forwarded to the C~ty Council for final acbon providing the Commission recommends approval Should the Commmslon recommend dental, the petitioner ma), then appeal the reques{ to tile City Council Il~ owners of more than twenty (;?0) percent o1~ the land area w~thin two hundred (200) feet o[ the are submtl written oppositton, then s~x out o1' seven votes of the City Council are required to approve lhe zoning change These forms are used to calculate the percentage of landowner opposition ~'--~eques~t PI ease cl rc leone Neutral to request Opposed to request Comments: Printed Name . '.....~.L.[~-- UalhngAddress ~ .~L~-~ ~. C~, State Zip- ~~~ , Telephone Number _ Phalli Address of Pm~y within 200 feet CI~ OF DENTON, TEXAS c~w ~LL ~$T . DE~ON TE~S 76201 - 940 349 8~0 . {F) ~0 ~9 7707 12 NOTICE OF PUBLIC HEARIN ZP-00-002 The Planning and Zoning Commission of the C~ty of Denton w~ll hold a pubhc hearing on Wednesday, ,June 14, 2000, to consider rezonmg a 20 0 acres located on Pockrus Page Road, east of 1-35 East, commonly known as 3901 Pockrus Page Road, from an Agriculture zomng d~stnct to a Planned Development (PD) zomng d~stnct (see map) The property ~s legally descnbed as Tract 156 of the G Walker Survey, Abstract 1130 in the C~ty of Denton, Denton County, Texas A S~ngle Family residenbal development and open space are proposed The pubhc hearing w~ll start at 6 00 p m ~n the C~ty Council Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property w/thin two hundred (200) feet of the subject property, the Planning and Zoning Commission would tike to hear how you feel about this zoning change request and ~nwtes you to attend the public heanng Please, ~n order for your opimon to be taken ~nto account, return th~s form w~th your comments prior to the date of the pubhc heanng (This in no way prohibits you from attending and parhc~pat/ng ~n the pubflc heanng ) You may fax it to the number located at the bottom, ma~l it to the address below, or drop ~t off ~n-person Planning and Development Department 221 N Elm St Denton, Texas 78201 Attn Beth Hudson, Planner I The zomng process ~ncludes two public heanngs designed to provide opportunibes for c~bzen ~nvolvement and comment Pnor to the pubhc hearings, landowners w~thin two hundred (200) feet of the subject property ara not~fled of the zoning request by way of th~s nobce The first pubhc heanng ~s held before the Planning and Zoning Comm~ssion The Commission ~s reformed of the percent of responses ~n support and ~n oppos~bon Second, the zoning pebbon Is forwarded to the C~ty Council for final action provid~ng the Commiss~on recommends approval Should the Commission recommend demal, the pehboner may then appeal the request to the C~ty Counc~I If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the s~te submit written opposibon, then s~x out of seven votes of the City Council are required to approve the zomng change These forms are used to calculate the percentage of landowner opposition Please circle one. ~or of reque~ Neutral to request Opposed request to ~ .~. j_ --/~, 0 o -7'. ~-~.-=. -,-J"Z~~'~-'(~- ~---~ Pnntod Name ~-~ i.~. ~eP C + Malhng Address ~ I ~ ~ '~'J'~'/3 (~:Z..~ [~)r,~ 'J c,ty. State Zip A / Telephone Number (~z~.D - ,~,~- ~>~-'~/ ~'~ Physical Address of Property within 200 feet -~ ~(~ O "~Pc.,~/~/~,14 .~ ~,.~ ~-- CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 Fllename 13. 05/12/00 M0N 17 07 FAX 9403497707 CITY OF DENTON PLANNING ~002 NOTICE OF PUBLIC HEARIN ZP-0O-0O2 The Planning and Zoning Commission of the C~ty of Denton w~ll hold a pubhc hearing on Wednesday, June 14, 2000, to consider rezonlng a 20 0 acres located on Pockrus Page Road, east of 1-35 East, commonly known as 3901 Pockrus Page Road, from an Agriculture zoning dlstnct to a Planned Development (PD) zoning d~stnct (see map) The property Is legally described as Tract 156 of the G Walker Survey, Abstract 1130 in the City of Denton, Denton County, Texas A Single Fatally residential development and open space are proposed The public he~rlng will start at 6 00 p m ~n the C~ty Counml Chambers of City Hall located at 215 E McKInney Street, Denton, Texas Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zomng change request and invites you to attend the public hearing Please, m order for your opmlon to be taken into account, return th~s form w~th your comments prior to the date of the pubhc hearing (Thls In no way prohibits you from attending and partlc/pat/ng in the pubhc hearing ) You may fax It to the number located at the bottom, mall it to the address below, or drop ~t off in-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn Beth Hudson, Planner The zoning process ~ncludes two pubhc heanngs designed to provide opportunities for c~bzen ~nvolvement and comment Prior to the public heanngs, landowners within two hundred (200) feet of the subject property are not~fied of the zoning request by way of th~s notme The first public headng Is held before the Planning and Zoning Comm~smon The Commission Is informed of the percent of responses ~n support and In opposition Second, the zoning petition Is forwarded to the City Council for final acbon providing the Commission recommends approval Should the Commission recommend dental, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit wntten opposition, then slx out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition. Please circle one. .. Comments' Printed Name ~' '~ c ~...?-..w ~ (~ Malhng Address ~7O/ ~-'~/~ ~/'/'Tt'/~ C City, State Zip ~)~'~.-//-cJ Au ~7~-7--~ ~ Telephone Number (~:~%,~0/) ~ ~'/f-- ~/~' Physical Address of Property within 200 feet ClTY OF DENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 75201 · 9403498350 · (F)9403497707 F#enerne -14 06/12/00 M0N 17 05 [TX/RX NO 5076] [~002 Andrew Corporation 2701 Mayhl8 Road Denton Texas U S A 76208 TEL (940) 891 0965 FAX (940) 381.3187 12 June 2000 City of Denton Planning and Development Department Attentmn Mr Douglas Powell 221 N ~Elm St Denton, Texas 76201 Re Not~ce of Public Hcanng - ZP-00-002 Dear Mr Powell In response to the Notice of Public Heanng number ZP-00-002 for the consideration of rezonmg a 20 057 acre site from an Agricultural (A) zoning district to a Planned Development zoning dlstnct The property under consideration Is located on Pockms Page Road In the city of Denton Andrew Corporation owns the properties at 2701 Mayinll Road and 3781 Pockrus Page Road, both in the city of Denton These properties are adjacent to and vatinn the 200 and 500 foot buffer zones We would also like to go on record ~at, as of today, we have not received the legal notice required for those owners of property within the 200 foot zone Andrew Corporation is opposed to the request for re-zoning of the subject property for the follovang reasons · Andrew Corporation established a manufactunng facility in Denton in 1979 and for the past 20 years has operated on a two or three shift basis Due to proximity of the proposed single family development to our property we would anticipate an increase in residents complmnts due to the addltaonal lighting we require to conduct our business dunng the mght tnne hours and general factory noise generated by the manufacturing and matenal handling processes · The proposed development would be adjacent to the Andrew Corporation property andlwith the increased density of residents we would anticipate secunty vlolatmns to our [storage yard, winch could result in property damage or personal injury to the trespassers We also have a pond on our property, which may be considered an attraction to children living in the area The subject development site is situated at a higher elevation than the Andrew Corporation property and therefore if the property were developed with homes and streets the water drmnage would tend to flow onto our property resulting in floo&ng 15. Andrew Corporation 2701 Mayhlll Road Denton, Texas U S A 76208 TEL (940) 891 0965 FAX (940) 381-3187 a The proposed residential development may impede any future development or use of the land currently owned by Andrew Corporation Please note that thts property was previously requested for SF-7 rezonmg ~n May 1999 (Ref Z-99-023) At that time Andrew Corporation opposed the apphcatlon for the same reasons as stated above The matter was presented to the Planmng and Zomng Commission who voted agatnst the zomng change by a 7 to 0 margin The current request for Planned Development zomng would allow for an even h~gher density development than the prexaous request I hope that the above concerns are sufficient to demonstrate why Andrew Corporatmn ~s opposed to flus rezomng apphcatmn and request that the rezomng apphcatmn ~s demed Yours truly, William W Quum Operations Support Manager - Andrew Corporation cc Jeffery Olttelman - AOP Tim Holland - ACT Richard Cooper - ACT 16 NOTICE OF PUBLIC HEARING ZP-00-002 The Planning and Zoning Commission of the C~ty of Denton w~ll hold a public heanng on Wednesday, June 14, 2000, to consider rezomng a 20 0 acres located on Pockrus Page Road, east of 1-35 East, commonly known as 3901 Pockrus Page Road, from an Agriculture zoning d~stnct to a Planned Development (PD) zomng d~stnct (see map) The property ~s legally descnbed as Tract 156 of the G Walker Survey, Abstract 1130 in the C~ty of Denton, Denton County, Texas A Single Famdy residential development and open space are proposed The pubhc hearing wdl start at 6 00 p m in the C~ty Councd Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w/thJn two hundred (200) feet of the subject property, the PlannJng and Zoning Commission would hke to hear how you feel about th~s zon~ngchange,requestandtnwtesyoutoattendthepubflcheanng Please, m order for your opinion to be taken into account, return th~s form w~th your comments prior to the date of the pubhc heanng (Th~s In no way prohibits you from attending and part~cJpat/ng ~n the ~)ubflc heanng ) You may fax ~t to the number located at the bottom, mad it to the address below, or drop ~t off m-person Planning and Development Department 221 N. Elm St Denton, Texas 76201 Attn Beth Hudson, Planner I The zomng process ~ncludes two pubhc heanngs designed to provide opportunities for c~t~zen involvement and comment Prior to the pubhc heanngs, landowners w~thln two hundred (200) feet of the subject property are not~fied of the zoning request by way of th~s not~ce The first public heanng ~s held before the Planning and Zoning Commission The Commission ~s ~nformed of the percent of responses ~n support and ~n opposition Second, the zoning petition ~s forwarded to the C~ty Council for final action providing the Commission recommends approval Should the Commission recommend den~al, the petitioner may then appeal the request to the City Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the s~te submit written opposition, then s~x out of seven vOtes of the C~ty Councd are required to approve the zomng change These forms are used to calculate the percentage of landowner opposition Please circle one ~ uest~ In favor of request Neutral to request q Comments S~gnature ~-- -, Printed Name Ma~hng Address C~ty, State Z~p Telephone Number Phys~l Address of Properly within 200 feet CITY OF DENTON, TEXAS c~w HALL WEST · DENTON, TE~S 76201 , 940 ~9 8350 · (F) 940 ~9 7707 Fflename ~ 7, ATTACHMENT 3 I MR mSHEL okay Any other queatlons? I mthcated that they would not be ready for tonight and 2 MR MeRInO I have one 2 they were going to request addmonal time We have not 3 MR RISHEL Mr Moreno 3 gotten that request but staff would recommend t (t ~c ~ oak] 4 MR MORENO R~fresh my memory, 4 continue this public heanng to the July 5th, 5 $1 9 million7 5 meeting which would g~ve the a hn 6 MR FORTUNE 6 ~ elevat~ons and staff time then to 7 don't know If he's ~r 7 I'll be happy to answer 8 not 8 ~4R RISHEL Any ~ or a 9 t bch~vc 9 10 that runs ' 377 You might recall 10 MS WU 11 The Vintage, 11 so we can c 12 Denton In fact plan was 12 Ma Thank yon 13 on your Agenda one c mec*angs ago Ifs m that area 13 will open the and ff there are any comm,.m, 14 andWsaroad It's road that wfll run - a 14 fremtheaudlencen 13, we*dhk~.t,~ 15 will ahnost be an, ~ 288 on thc southwest 15 hear them at thxs~ Being ho conunents on the pubh~_ 16 side ff that t sense Ponder Road, are you 16 hearing I will heann8 Any eolmn~m, ' 17 familiar with 17 MR mst one, co~'cction It would 18 uh-huh 18 be Jul' pubhc heart ~4~,t we woukl 19 ~ALMON okay o from 19 continuance to 20 where ti terminates at d continue 20 MCNEILL Thank you 21 east* ~overto377 21 MRmSn~L okay Sothcpubhcheanngwfll 22 MR MORENO okay All right Thank That 22 Ibc continued as to our rccoImncndat*on 23 a bell 23 14th Okay Any conunems quesnons or a motion 24 MR RIaHI~L Any Other 24 MS APPLE III move that we continue the 25 And we don't need any actton on this? 25 public heanng to July 14th Page 66 Page 68 I MR FORTUNE NO, It'S.lUst a pubhc heanng I MR MORENO second 2 tonight, pms~ntaUon and a public heanng 2 MR RISHEL It'S been moved by Ms Apple and 3 MR RISHEL We appreciate your presence and 3 seconded by Mr Morcno Any &scussion? No discussion It 4 r report 4 you 11 vote Yeah I m sorry We might note that thc 5 Ma l~OaTt.qaE Thank you 5 motton carnea unammously on those present and Mr 6 aa RISHEL Thank you Being this ts a 6 Engelbreaht is not present and I have voted tn his spot and 7 anyone else in lhe audieac~ 7 we will make our minutes reflect that Just a note for our 8 hketos thketohavethemcomc this 8 hstenmg audxence Mr Engelbrecht had a previous phn 9 ttme this 9 had notified us when he came in today that he would b~. 10 public hearing? no one and I 10 leawng the meeting early and we appreciate that and 1 h tx 11 questions from this 11 assmned h~s posmon ~nporurtly And I'm sum Mr 12 ,, on our Agenda, No 12 Engelbrecht will jmn us at the next meeting So the mot,on 13 13, it says eontmue a pub to consider mnkmg a 13 named unanmmusly with those present 14 a detailed plan for 14 The next item on our Agenda is Item No 14 15 a Planned I 15 which is a public hearing also And It says hold a public 16 generally located x south of Loop 288, 16 heanng and consider making a reconuneadation to 17 and south ¢ The 17 regarding the zoning plan conunonly known as 3901 Po,.kru~ 18 And 18 Page Road in an Agncultoral, A zoning distrxnt Thc 19 19 20 acre property ~s loca~:t east of Interstate 35E and north 20 at 20 of Pockrus Page Road A smgle-fanuly development and open 21 the h 21 space is planned And our presenter will be Beth Hudson 22 22 MS UUDSO~ thank you ladies and gentlemen et 23 proposed 5,000 square foot 23 the Commission As noted, the s~te is east of Interstate 3' 24 lot houses that would go on those My last conversations 24 along Pockrus Page Read The typical zoning in the area 25 with the appl~ant's engineer, which was thc past Thursday, 25- - Agriculture surrounding most of the site w~fll thc excepuon PLANNING AND ZONING COMMISSION JUNE 14, 2000 Page 65 - Page 68 18 Condens¢ltTM Page 69 Page 7~ I of the Andrews Corp sba which is zoned Light Industrial I north After talking with Bob T~pner of the Parks 2 The site at this nme, as provided in your backup, shows the 2 Department, we added a community gardening area som~ 3 cur~nt configuration And I'll wait until the camera bas a 3 chlldren's play apparatus here a picnic area tn th*s open 4 chance to ~adlust 4 space he~ The Ol~n space not only gives a place for thn~c ~ What it's showing is ~wo one-acre home8 that ~ things hut it also provides additional buffenng from th~ 6 wdl b¢ in the east area or the area along the west There 6 industrial use, which is what, as my understendmg ~ a, ? is a variety of smglc-famdy homes in the middle There ? Andrew Corporation's big opposition to a project going ltl 8 would be four 10,000 square foot lots along the east, open 8 down there And so wo mad to alleviate those or rake can. 9 apace at the southeast comer that is connected up to the 9 of those problems with that Ttmt's about all I ha',c It 10 dctenuon pond and the buffer area along the west The 10 then. s any questions I'll be happy to answer thenl 11 total residentml lots is '74 w~th the one open apace lot 11 Mu mSHEL ^ny quesUons'~ Anyone dsc ~.lr 12 At this time, I would hkc to note that, m 12 McNefll 13 response to the staff rcqucsl, thc)' have mo¥cd tha 13 Mn MCNEILL Yeah a question To your kit 14 trathtlonnl area homes from the southeast corner further 14 the wide open space below the park area, what is that 15 north so that the large stand of post oak trees could be 15 to be right there? 16 pr~er',cd At this time, I'd also hkc to noR: that, as has 16 MR EUSSELL These are two on,-acm 17 been presented to you recently that was passed out, there 17 lots 18 haveb~n, amce tho time that the steff roport was wntten, 18 MR MCl',EILL one acre estates Okay Thank 19 items that have been turned in for notices in opposition, as 19 you 20 well as notices in approval of th~s s~te What v~ see here 20 MR BUS.SELL YeS, sir 21 is the $~te The items in the blue are the iteras or the 21 MR RISHEL Mr Williams 22 areas where we hava properly owners that have toroed in 22 MR, WtLLL~MS Yes Did I heard you say that 23 not~ces to us that they are m favor of the zoning The one 23 open space would be nearer the factory? 24 in red is the area that is m opposition to the s~te The 24 MR BUSSELL ^ctually, there's -- Andrew 25 areas in blue equal about 19 pereant The area In the red 25 Corporation has their company headquarters or their compan) Page 70 Page I ~s 13 pereant which Is less than the 20 percent property I up here And they have from what ! understand, nD 2 owners that would trigger a super-majority for appro~,al 2 used to work there years ago tlmt's where they warehouse 3 At this t~me, ! will let the applicant give you 3 all their materials so it can become loud when they re 4 additional details and I will be available after the public 4 loading stuff up into the manufacturing area, moving m~.tal 5 hearing to answer any additional questions that you have 5 around So it s qmte a ways away but on a quiet mght I m 6 Thank you 6 sm you can hear something 7 MR RISHEL Thank you Would the applicant 7 MR WILLIAMS okay I'm kind of a bouom lllll. $ come for, yard, please? Thank you 8 person Is that a yes or a no? 9 MR, BUSSELL My name is Allen Bussell I work 9 Ma. BUSSELL It'S a yes 10 with Surveyors and Engineers of North Texas, 1621 Amanda 10 Ma. wtt.tt~.'~s Thank you 11 Court Ponder, Texas, 76259 I'm here representing the 11 Ma R~SiiEC Any other questions of the 12 Merchants who are the developers on this pro. lent To 8~ve 12 pennoner? Thank you Anyone else who would like in 13 you a hale bit of history, this started about two years 13 spesk'~ Excuse me Ms Oourthe 14 ago And some of you mny remen~ber seemg this come through 14 MS OOURDiE Thankyoo Idohaveaquesnon 15 about a year ago or so At that time, it was zoned straight 15 On the letter that the Andvzw Corporation brought forth as 16 zoning with no buffenng against tho mdustrml area to the 16 the reasons why they opposed the pro3ect, did you get a 17 north It was not recommended by P&Z at that time so we 17 chance to read through that? 18 reworkedtt, put the buffenng back m And about the time 18 MR BUSSELL No, ma'am Ihavenotsesn~t 19 we got the Iflan all done, the Comprehensive Plan came in and 19 MS COUP. Dm ts there going to be a wall or 20 we had to rolo it again 20 anything dividing'~ There's going to be a six-foot fence 21 And with working with that, using tho 21 that one of the -- 2:2 ComprehenSive Plan, we came up with some variety of lot 22 MR BUSSELL We're going to have a masonr:, ~ all 23 s~zes We have qmte a bit of open space, a trail 23 on Pockrus Pa$~ I haven't seen the letter so I have no 24 surrounding :t We &d move, as Beth said, v~ moved the 24 idea what's in it 25 10,000 square.foot or so lots out of tins treed a~a to the 25 - - MS COURDtF. t would suggest you ~ad it when PLANNING AND ZONING COMMISSION .IUNB 14, 2000 Page 69 - Page 72 19. CondcnseltTM Page 73 P ~¢e 7'~ I we get other people coming up hem becausc it does, there's I density than what gF 7 would have allowed Wc ha,,c ,~t 2 a lot of qu~ttons I would like to have answers to 2 letter I guess to thc Planning Department I hope all el 3 MR BUSSELL It kind of upsets me that they're 3 you have had occasion to look at that Ma- Qumn ~ ho 4 tn opposition since we've had mrettnge with them and, 4 that letter has hlghhghted ail the areas wher~ we ha,,c 5 basically -- 5 opposmon One of them be:ne the operations that v.,. h 6 MS OOlmOtE t understand that I mean, I just 6 that go on there 24 hours a day We have hghung m oar 7 would like to know tf you read it and if we could just find 7 storage yards We have lift trucks that move mater~al~ 8 a way to work this out for everyone revolved And you don't 8 throughout the evemng and sometime Into the mormng hem · 9 ha~,e to do tt right now I mean ff you'd rather sit down 9 We have had complaints ~n the past from neighbors b,.,. 10 and have someone else speak and then come hack, that would 10 excessive noise And tUlreS when that occurs, we tD lo 11 be appropriate also 11 know, cut hack and change our operations to ecconullod 12 MRRIgHEL ^ny other quesuons? Iftharoara 12 those complaints But we ean't guurantre that, eap~.c,fllx 13 no other quastlons of the petmoner, is theft: anyone else 13 when you have a h~gh density res~dentml netghbofl~ood 14 who would hko to speak m fever of tho plan? Anyone else 14 backing up to your property 15 who would hke to speak in favor of die plan? Anyone m 15 We also have a lake on our property which nm. 16 opposmon of the plan7 Is fliere please 16 the problems and I noticed they put a retenuon pond h~: 17 MR COOPER oood evening I'm Pochard Cooper 17 on this s~te, but there's no guarantee that that will 18 I live at 201 Royal Oaks Court and I'm hero representing 18 control all the water when you have a high density housing 19 Andrew C0rporatton and we would hko to speak m opposmon 19 development w:th a lot of streets and a lot of homes and 20 to this plan There ag several issues that the gentleman 20 lot of h~gh density coverage on these lots There's hk~.l3 21 mentioned before that I'd hke, first of all, to correct 21 to be storm water runoff wluch could come onto our prop~.rty 22 They said tlgy'd had mretmgs with us yes, they have and 22 and we're required by EVA to have storm water runol{ 23 at every meeting we have stated our opposmon At no time 23 controls which we try to control everything on our p~ op~.rtN :24 have we ever indicated that we're in favor of any plan that 24 but we can't control things that come onto the prop~rt5 from 25 would allow residential development on this site 25 off of our property And that s one of our other reason~ Page 74 Page 76 I And I'd hke to put a reap up ha~ ff I can, I for our opposmon 2 thatshowsth~Aadmwprop~rty Idon'tknowhowv,~lta 2 There's also - at tm~es we have dust that s 3 will show up but it's h~ghh~ht~d tn yellow there Andrew 3 generated due to lift truck traffic moving on the s.e The 4 Co~poratton has b,~.n located heg m I~nton since 1979 and 4 wind ~s blowing out of file right &reet:on, we have dust 5 we're located on a 145 aero sag And it's outlined by the 5 blowing towards the neighbors 6 yellow hn~s there that you may ~ and I think w~ have 6 I guess what this all boils down to, I know m 7 Andrew tn each of the tracts And wo'r~ ed3ac~nt to and 7 the past many of you have heard cases where we '~e hqd ,m 8 just to the north and I guess west of this site We haw 8 industry wannng to go rote a neighborhood and the m.:ghbor~ 9 over 400 ~reployees that work tham and w~ operate s~ven days 9 are up tn arms and they're opposed to it because th¢3 don 10 a '.reek 24. hours a day 10 want manufacturing facllmes next to their neighborhood 11 I know one of the things that the appheant has 11 Well m this case we're saying let's stop it before ~t 12 addressed have be~n buff:ring Wed that was only oea 12 happens Let's don't put a neighborhood in he~ o! 13 ~$sue that came up in th,: prior cas~ when this was presented 13 resdences next to an existing manufactunng site that s 14 to th~ Conumss:oa last May in 1999 At that ting they w~re 14 bean here for many years when you know what you h ~x ~ 1 15 requestmgsl:?zonmgand I m~sht add that at that tn~g it 15 mean It would bedlfferent that lf',vehad this going m 16 was voted down by the Conmassloa by a 7 0 vote I know some 16 here and there was not a manufacturing site there and 3 ou 17 or you may hav~ been oa that particular Co~mmssloa and we 17 wanted to relocate there But tn this case, we know ~s hat 18 may haw new Irgqnhars hare, also But for th~ wly sain~ 18 have We have a situation where we know people thal 19 reasons we opposed tt at that roue we'~ opposing tt 19 m residential homes are going to be opposed to the kind oI 20 tomSht 20 conditions that are existing there the hghtmg all night 21 laotie~doaetlangonthe~rs~teplanthatwas 21 long youknow thenmses thedust andthosokmd el 22 coavamently I~ft out Is the intoner lots the plan that 22 things that are generated when you have a manufacturing :23 I'v, seen from the owner that they show~ to us show 23 facility So baslcaIly that's the reason we'r~ opposed 24 intoner lots that a~ I~ss than S 000 ~uare fe~t Many of 24 and I'll be glad to entertain any questions If any of you 25 them a~ 4,g00,~,900 squa:~ foot lots so it's ~v~n a lugher 25- - have any that I mlght he able to answer PLANNING AND ZONING COMMISSION JUNE 14, 2000 Page 73 - Page 76 20. CondenscltTM Pagc ?? P,I~, ~ 2 MS GOURDIE. Thank you I do wonder, smcc 2 to correct, thc previous spenkcr said that wc usc th~ as 3 this ~s thc second time wc'vc seen y'all come forward, I 3 warehousing site Approximatcly 20 percent of our 4 think thc other eec was a manufactured housing dcvclopment 4 fan,lines are warehousing Thc rest of thern arc 7 MR. COOPER Last time I bchcvc it was SF ? ? call our Braiding C This is our metal fabncation buddm. 9 MS OObRDIE There's also a but it densn't 9 wcldmg of metals steel particularly that make up l I tMs s~te ob',lously somennc purchased it or somooue s got I l behind that building where v,c ve got hft trucks mox m~ 12 some kind of contract on it or money going somewhere What 12 materials in and out of that building at all hours of 13 do you do or what do you behove would be thc best or thc 13 night So it is not just a warehousing facility Onb ,~ 14 optimum thing to go there? Just strictly manufacturing and 14 small port,on of it is warehousing We don t like lo 15 then that just becoo~cs -- 15 warehouse an!ahmg Wc hkc to make it and sh~p n m, 17 suggestaons and it's not up to us to tell them how they can 17 to employee p~opl¢ bern in Denton 18 usc their property, but we felt that any type of conmlcrcial 18 MP. MCNEmL t have stodcnts that work dox~ n 19 development, warehousing, distribution, hght manufactunng, 19 there So depending upon what happens with your 20 something that's more compatthlc with our type of Ilsc of our 20 those properties that property right next to this housing 21 mdustnal site would be much more favorable 21 dc',clopment could become an additional manufacttmng 22 ',tS OOUROtE Arc you aware of how this future 22 facd~ty 23 land use map is v. orkmg that quite a bit of your property is 23 M~ COOPER R possibly could Now, I v. dl 24 surrounded bl, neighborhood centers? 24 th~s this property right here I think is zoned Agncuhur,~I 25 ',iR COOPER Ye~, and I understand that And 25 right now Th~s ~s all L~ght Industrial here, thc bulk el Page 78 I that came out in thc Denton Plan and I'd like to suggcst to I it is But we would be hkcly to come hack and v,c v, 2 you that real, be in this particular case wben you're adjoining 2 hkc to possibly, if wc decide wc want to expand that 3 an industrial s~tc with tcsidcntml properties, I think 3 direction ask for Light Industrml It' wc vc got 4 mai. be we ha', e some flaws there that should have been looked 4 res~dentanl here ~t's vc~,' hkcly it would hinder our 5 at No',~ I think there's a lot more compatible us~ you 5 request to cxpand our Light Industrml area 6 know, than single-family residence, especially high density 6 MR MCNEtLt ?hank you 7 slugle family residence 7 MR RISHEt Any other questions? Thank 3, ou 8 YOU know, last year, and I know there have been 8 Mr Cooper 9 a lot of chauffes, but I know one of the things we looked at 9 MR COOPER one other thing I'd like to mermen 10 was tn the Denton Code and there's a statement m ~ that 10 while I'm here Last year when v,~ came before the 11 says I think it's in Section 35 123 it addresse~ 11 Comimss:on v,e were notified by the staff that we ',~.r~ 12 coodit;oos and restrictions to protect propertiea from 12 the 200-foot buffer zone and that w'~ owned 20 percent el ' ,- 13 ad',erse Impacts and compat:bdmes And there's about 15 13 property within that zone 14 items listed there, and out of those there's about seven or 14 MR RISHEL t was going to ask a question on 15 eight of thean that fall Into the categories I already 15 that 16 suggested to I,ou So I'm just saying ! feel this is an 1 {~ MR COOPER It's interesting to note that 17 mcompatthlezoomgadjacenttoamanufactonngs~te 17 tomghtwe'reonlyshowmgweov, n 13percent Sosom~.x cr~. lg MR Rl$1tEt Mr McNedl 18 there s ob',lously a calculatmn error e~ther it was la~l 19 MR MC'NEItt. The map you have up them, the 19 year or it's th~s year I don't know what it is I d~dn t 20 property that's just north, your second Andrew's property, 20 ever go back and do the calculations myself But v,h;.n 21 is that wber~ your lake is, your pond? 21 received notice this year, we only received the courtesl. 22 MR. COOPER. YeS 22 not:ce for the 500-foot zone Later when we questioned 23 ',tR. btCN'EILL okay And so then tho property 23 and went back to tho staff, wn were faxed a copy el the . 24 just south of that, that's potentml expansion prop~-n'ty for 24 200-foot notice Still without clear clanficatton as to 25 Andrews If ylya can sell more antJnnas? 25 - -- whether we do have or don't have -- the first time I saw PLANNING AND ZONING COMlVlISSION' JUNE 14, 2000 Page 77 - Page 80 21. Condons~ItTM Page 81 Page th~s 13 lx~ent was tonight when tt was shown on the screen I more than one acre resldenhaI to, evidently, very small 2 MR, RISHEL ithmkw~'regomgtoaskMs 2 lots And l don't know how that works on such a smal[ 3 Hudson to clarify that for us 3 location and that does concern mc And af~a' hearing thc 4 Mil COOPER okay 4 individual speaking for Andrews Corporatmn, I bchexc h~. 5 MR RISHEL ~ny other questions? 5 had very vahd marks and I would also concur on lus 6 Ma WILLIAMS L~t me ask about your hghtmg 6 remarks Thank you 7 MR COOPER SUre 7 MR RISltEL Thank you. Mr Walker g MR WILLIAMS what type of hghtlng do you 8 MR WALKER occsanybodyhavennyqocsuou,) 9 haxe? 9 MR RISHEL Mr McNEdl 10 MR COOPER We have high pressure sodium 10 MR MCNEtLL so your latter, that's not part o[ 11 hghtmg a combination of h~gh pressure sothum and metal 11 the calculation that she's received9 12 hahde hghlmg which Is an orange-yellow light You've 12 ME WAL~CErt NO, sir I Just received this 13 probably seen a from the highway Is you're going down 13 today I've been out of town 14 1-35 at night, there's an orange glow back In that 14 MR MCNEILL SO that further rinses, even if 15 direction the same ~nd of lighting that you have out here 15 It's not 13 percent we're up above 13 percent now 16 at Safety-Klean And I think probably you find people are 16 MR WALkeR I suspect 17 gems to obJeCt to this type of hghtlng shimng m their 17 MR MCNetLL yeah. you don't know that 18 backyardallmghtlong Butvn:hevetohavethlstypaof 18 Ivlu WALKEE thaveqmteabttofproperty 19 lighting to control eecurity In our storage yards and our 19 adjacent to that 20 braidings I hope I didn't overdo that 20 MR MCNEILL Thank you 21 Ma V, tLLIAM$ I JUSt wanted to know because we 21 MR RIaHEL Mr Walker we have somu other 22 hax e had ¢omplmnts tn regards to service stations wah 22 questions 23 hghts and with a manufactonng company. I thought it would 23 MR W^LKER oh excuse me 24 prohabl) be more But since you work there you should know 24 MU msPIE[ Ms Apple 25 barter than me 25 MS APPLE HOW IS your land zoned uurrentl) '~ Page 82 Page 84 MR COOPER Right I MR WALKER lbeheve ~t's zoned Agricultural 2 MR raSHEr okay Any other questions? Thank 2 use 3 you Ivlr Cooper Is there anyone else who is in opposition 3 MS APPLE DO yOU have any plans for it or hax e 4 to flus proposal? Please state your name and addr~s 4 you thought about what you'd like to see on your 5 MR xx ALkEa My name is John Walker I own the 5 MR WALK~n I haven't come to that conchisiou 6 properv, approxunatoly 25 acres that's just south of this 6 yet No ma'am 7 properV, on th~ other side of Pockros Pag~ Road I live at 7 Ms APPLE Thank you 8 3509 Northwest 69th Street in Oklahoma City 8 MR RtSHEL MS Gourthe 9 MR RIS:qE~ could we bnng up the docu-eam and 9 MS oolJnom what specifically are you opposed 10 hax e you point out, once again, where your prop~ty would be 10 to? Since I have to tell you that your properly is in a 11 located > Thank you 11 neighborhood center zoning district also which means that 12 MR ~x ALkP. X*, 'the properly that I own would be 12 you are susceptible so to speak to the same homes and 13 here 13 things of that sort so to speak 14 MR RIaREL Thank you 14 MR WALKER well, there's a f~v things that 15 MR xx ALt,.,n.R Plrst of all, I'd like to say that 15 concern me just having bought the properly And one t,, tilt. 16 unforlunaiely I just got this notice I'va been out of town 16 confl~ct the individual from Andrews spoke about and thai 17 and the certified mail wasn't able to reach me until just 17 Is settle of this center zomng that you're talking about x~ 18 reda> I was a bit concerned not knowing what was 18 compared with the ex,sung mdustnal user that Andmx~ ~ 19 happening The only deseriptlen ha'm Is it's smgle-famdy 19 And l've know that they've been in that location an 20 residential de*,¢lopment and open spac~ are proposed It 20 extremely long time and scan to heva prospered as an 21 was hard to ~ a del~aunatlon whO. her I would be -- 21 industrial location and as a manufactm~ of good products 22 appro'~e o/neutral or tn opposition until I came tonight 22 And it never setnned to qult~ conform so it's been difficult 23 And I v,a~ concerned m th~ presentation, particularly about 23 to come to any conclusions as to what the area should bc 24 thc '~ er~ mg kinds of r~tdential uses I saw in a snmll ~ract 24 And then the thing that happened most recentlx 25 of 20 acres I.saw ~orything, I think, from on,-acre or 25 - -- that still confused ma mom and ser..-med to make it seem more PLANNrlqG AND ZONING COMMISSION JUNE 14, 2000 Page 81 - Page 84 22 CondenseltTM Page 85 P,I,.~ I industrial would be the fact that Pockrus Page Road was I lots than wc did in thc first subnnRal with the straight 2 essentially closed with the -- to go back to the cast where 2 SF 7 zomng Any qucsuoos? I'm dooc ] 3 they -- I for~t the name of the new subdivision that's 3 MR RISHEL Any question of thc petaloner~ 4 bemgbudtJusteastofuslmtit'salargeresldentlal-- 4 MRWlLLIAMS Yea If this plan ls appro~ed 3 The Preserve And, evidently they closed Pockrus Page: Road 3 how would you troffer thc no,se? 6 as it would take you over to Swisher so you could get back 6 MR BUSSELL wail, yOU can only buffer no~s~ 7 to the mterstatc h~ghway somehow Andso, cssentlally, 7 wuhspacc Imean, you can put trees up there but tro., 8 you've k~nd of become a dead-end ar~ wbem accessibility is 8 arch t going to really stop that much noise, 9 not what It once was And so I'm kind of scratching my head 9 mctalhc h~gh p~tched noises You can put a wall up It · 10 right now what it should be and I just -- I think the l0 not going to do anything either I mcan you put as mu, 11 gentlenmn from Andr~vs mada thc most soasc of anything I've 11 space as you can between that land usc and thc on~. } ot~ h ~ · 12 heard Thank you 12 And that's what I behave I',.e donc 13 MS, OOURDIE X~,hat l, ou might want to do the form 13 MR RISHEL ^ny othcr questions of Mr 14 that you had, the certified form is to fill it out and $~vc 14 Thank you Mr Busscll 13 it to Ms Hudson so she can put it into thc calculations 15 MR BUSSELL Thank you 16 MR, W^LLeR okay Oood I dtdn't know what to 16 MRRISHEL ArethercanycommentsfromstHi, 17 do That's what l was gomg to ask Thankyou 17 MSgUDSOX yes In regards to thc pnor 18 MR, RISHltL Yes tf you'd pass that on to Ms 18 nouficattim this is thc prior notice that was scat out 19 Hudson right behind you Any other question of Mr Walker? 19 last time thc case was m And what you do s~ is a 20 Mn, WALKER Thank you 20 thffercnt 200 foot buffer What I did when I found th:~ out _91 MR R[SHEL 8ealng no other questions of Mr 21 was I went back and pulled thc abstract maps and m~ 22 Walker Is tbere anl, one else9 Thank you, Mr Walker Is 22 the thstance between the site and what the prior cas~. 23 there anyone else that ts opposed to this proposal? Anyone 23 maoager had done 24 ©lsc opposed to this proposal¢' There's no one ~:lso opposed 24 MR RtSHEL And why did that vary.? 2~ to this proposal, the pubhc bcarmg is closed, other than 23 MS Huoso~ Th~s is the site right here Th~s Page 86 Page 1 staff comments and questions I dimension is not going to be legible on thc document c,m~ but 2 MS OOURDIE ts there not a rebuttal from 2 I can pass it around to thc Conumssloncrs tf you v, ou[d hk~. 3 the -- 3 to see Th~s measurement is 237 8 feet which rcmo~e~ 4 MR IZtSHEI. excuse me V,e'll go back to our 4 adthuonal Andrew's propc~y out of that 2oD-foot boiler 5 rebuual from our presenter 5 which means that the prior case manager had 6 MR~BUSSELL Thank)au The one thmg we've 6 And that's why the maps look diffcrent It was label~xl thc 7 been trying to do through th~s whole thing is conform to the 7 same but it is actually a thffercnt thmenslim The 8 plan Denton had and I",e bent over backwards trying to 8 mfomtation that thc els syst~n, which is our geographic 9 conform to that Comprebensix ¢ Land Use Plan Larry knows 9 mfonuation system where '~e typically pull our prop;rix 10 this We've worked for a long tune on this And I don't 10 owner nottficat~on from, docs not have any reformat:on lot 11 know what to do I'm at a dead-end We can't conform vath 11 this s~te The information Is there through othec measu; 12 the existing usa and I understand what you're saymg 12 that based on thc training I received, sam not to worD 13 completely On the other hand, If we comply with tbe 13 about it Obviously I will be correetmg that policy m 14 existing use I then we can't comply v~lth the Denton Plan So 14 the future 15 now we'n~ stuck So what do we do'~ And so, you know I 15 The not,cas for thc certified letters were 16 buffer what ~I can use tbe land as v, ell as I can, and go 16 madcd on May 31st which was actually a day or o. vo caH~ 17 with It 17 than they needed to go out The first time that I had 18 ~ varying lot sizes sir, are in th~ 18 received word that thc Andrews Corporation d,d not rec~ 19 Comprehensive Land Use Plan and that's why I vaned thc lot 19 their 200-foot notice was Monday which means that th~.x [lad 20 slz~ That's one of the issues tbere The drainage, ~ 20 almost two week's time that they could have contacted 21 Edwards looked at the drainage, our engraft, and we've 21 MR I~ISH£~ And the safeguard is that they 22 worked it with Dale Hoeltmg And Dale Habiting has looked 22 were in fact not w~tlim tlR: 200-foot so they did recelx 23 o~r the Zoning Plan and '~¢",¢ adth~scd the dramage 23 courtesy not,ce in tbe 500-foot relief 24 issues The overall density of the site is pretty much what 24 Ms HUDSON That is correct And on thc 23 straight si: zoning would be In fact. I think we have less 25 - -300-foot not,ce lettar, it d~ say If you are a property PLANNING AND ZONING COMMISSION JUNE 14, 2000 23 Page 85 - Page 88 CondonseltTM Page 89 Page 9 I owner Within 200 feet and you did not get a cerUfied I that s In thc regional mined usc centar, open space h 2 letter, please contact us and we will send you one 2 counted as a use that you would like to have In the 3 MR RISHEL .~nd ~ &d at that point m time 3 mixed-usc center Thc two one-acm sltc~ while not m 4 and you faxed them their notice 4 h~gh deoslty housing that we would typically Idac to ~.~ m :5 MS HUDSON That is correct 5 a regional mixed-usc center, docs give adrhtlonal bu[t~.rmt, 6 MR. RISH£L Thank you Any other questions of 6 from the industrial uses and we felt that it was an 7 staff? Mr McNelII 7 acceptable compromise to meld tho Ideals of the 8 MR MCNEILL PUt yOur drawing hack up them, 8 Comprehensive Plan In With the real hfe sltaatmn that 9 please I'm confused because if I look at what's m our 9 have been presented at this time where It's on thc cd~ 10 backup he~ on page 9 the 200 foot and the 500-foot l0 the boundary m betwean the mixecl use een~'r and 11 drawing the Andrews Corporation and maybe that's what you 11 neighborhood center 12 were saying about you m~sread the DiS but ~-'y'ro within 12 MR MORENO SO Is the effect that we still h~x · 13 200 feet 13 an sF ? proposal before us umnedlately adjacent to ~ 14 Ms HUDSON That ls correct However the 14 mixed use center9 15 prior - 15 MS HUDSON we understand that that s the x~ ~x 16 MR MCNEILL 8ecaUS© they own that piece rlsht 16 the Compreheosiv¢ Plan is set up We understand lhnt 17 north of tho properly 17 not a perfect world and you do what you can to busier 18 MS HUDSON That Is correct The prior ease 18 the edges And I behove the determination has boca mad~- 19 manager, at that time Tract 159 was also owned by tho 19 the one of the mmn authors of the Denton Comprehension 20 Andrews Corporation and thc larva' buffer chpped this area 20 Plan Nancy McBcth, that that would be an acceptab'· 21 and bumped It into the 20 l:~rcent super-majority rule 21 comprounse I think at this time Larry Re~chhart ha~ 22 MR MCNI~tLL oka~ 22 add~oonal mformatmn that he would hke to share x~ ,th thc 23 Ms HUDSON xxhen you measure accuralely the 23 Coramission 24 200-foot buffer, it does not bump that properly 24 MR RE[CHHART Regardless that If the dens,tx 25 MR MCNEtLL BUt now that we have this other 25 equates to au SF ? the Zotung Plan isn't strictly a dot Page 90 Page 92 I piece I question The interim rcgulat~oos arc intended to loe~ ,~r 2 MS HUDSON [ will have to go hack and 2 land use and then increase the density based on amc; 3 recalculata thc opposmon 3 assocmted With the development whether it's thc de~ 4 MR MCNEILL I understand that But we were at 4 elements that arc ldentffied ~n the backup, addltmnal 5 13 percent until the gentleman from Oklahoma City made his 5 space the hiking trmls and such like that Th~ real 6 oppealt~oo 6 question that has to be answered ~s does flus proposa' 7 MS HUDSON Hight At that time, currently 7 conform with the Compreheas~,,e Plan at tlus time~ \,~d om 8 right now I do not ha,,e the square footage of how much of 8 analys~s md~cates that It docs And saying sr ;' or x~l at 9 les property is included in that 9 the density ~s ~s more of a functmn of those addrtlonal l0 MR MCNEILL ! understand But that's 10 design elements as we go into project plan revlcxv and ~ hat 11 obwously 8Drag to raise ~t som~hat The question is will 11 is the exact layout of th~s development going to be 12 It raise ~t seven l~n'cent 12 MR MORENO Thanks 13 Iv~ HUDSON [ am not surc at this tuna I wall 13 MR RISHEL We have some other questions a',o 14 have to - 14 but I prestone that someone on staff is workm8 on 15 MR MCNE[LL NOV~ when you send out these 15 detcroumng whether thc 20 percent rule fib m here x~ 16 notices for 200 feet, that's 200 feet from the edge of tl~ 16 regard to thc additional mfonnat~on we've b~n gr~ci, 17 property, not from tl~ center of ~ properly 17 Mr Walker Is that correct'~ 18 MS HUDSON That's correct 18 MS HUDSON I will be looking at that tomorrc~ 19 MRMCNEILL '~es Oka> Thankyou 19 mormng when we get back to -- 20 MR RISHEL Mr Morcno 20 MR REICHH.~'q:T we have a computer progra~ that 21 MR MORENO 'gas Under our definition of 21 calculates that information I would ventaro a guess v at 22 regional use mixed-use cen~'r, It allows for high density 22 we'll be o'~er 20 percent opposltmn I mean, just b5 23 housing, Is this considered h~gh density housing'/ 23 looking at that 24 MS HUDSON It ~S not How~v~', tho detention 24 MR RISHEL It looks like it to me 25 pond that take.up approxm~at~ly two-thirds of tho s~t~ 25 - -- MR REICHHART That really doesn't come PLANNING AND ZONING COMMISSION JUNE 14, 2000 Page 89 - Page 92 24. CondcnscltTM Page 93 , Pd c I play for the Planning and Zoning Coll['ffnlSSlOn By ~ ~mc ~ I Co~o~Uon? Wouldn [ ~at ~ a dcvclop~'s sl~al~on ' 2 get to Cl~ Council, ff ~s ~ fo~ard, ~'H have ~at 2 ~css I m just ~mg to ad~s ~c ~ssucs b~ausc I 3 n~ 3 und~smnd what s happemng from a p~sonal p~sp=ct~ 4 MR RISHEL R~t We s~ll ~w some 4 so ~'s all ~ese qu~tlons ~I I f~l n~ to be 5 qu~tlons f~m Ms 0o~6 5 answ~ 6 Ms ~URDIE ~hank you I ~s what I'm 6 MS HUDSON RI~i ~c of~c ~lngs 7 conc~ about as Is ~ any kind of fencing ~at )ou 7 c~mly ~s me.bent upon a ~ prop~ o~ x~ h~. 8 know of around ~c ~ ~oratlon's sou~ bord~ or 8 p~chasc pmp~ m this a~ ~s to l~k at ~c s~om~du~c 9 the border Ihat would be up against ~ls pro~ 9 a~ and s~ ff th~ a~ comfo~blc w~th ~t O~ e~ thc 10 Ms ,HUDSON T~ apphcant has not propos~ any l0 fact ~at An~ws Co~oratlon ~s ~scntmlly dcxclop~d 11 MS OOUROIE ~ you know If ~ s any l I first, thc pmp~ own~s who buy tM prop~ bu} 12 ex,sung? It is just an open a~? ] 2 pmp~ wl~ thc und~s~ndmg ~at An~s Co.or 13 MR ~[CHH~T [ bflh~o a's fenc~ [ 3 not l~vmg an~me soon And ~I ~s ~c potcntml bux~ 14 MS GOURDIE It is fence? 14 ~sponslbfli~ to investigate ~o~ polcntml lssu~ at th 15 MR ~PER Th~'s a chmn bnk fence l ~ time and dot.nme If they a~ comfo~ble w~th n 16 MS GOURDm chmn hnk fence 16 Ms OOUROiE All n~t ~ank you 17 MR ~PER Along ~e sou~ bord~ of o~ 17 MR REICHH~T [ have ano~ ~ponsc ~f [ 18 pro~ 18 may to one of h~ -- to one of ~ Co~lsslon~s 19 MS ~UROIE And thc o~ qu~tlon ~s ~s ~t 19 R~ardm~ ~c expansion f~ expansion of An~cx~ ~ 20 ~i s - xx~ a~ not p~ or, ac~lly, you'~ not 20 n~t now ~s prop~ Is zon~ A~cul~al which a 21 p~m~ to d~velop a site ~at wdl c~tc mo~ ~lna~ 21 consld~ a ~s~dcntml zomng d~stnct And any 22 simat~ons on an ~stmg sl~ ~s ~at co~t~ 22 ~at th~ would propose ~ould ~ doubI~ also 23 Ms HURON That's co~t 23 would b~ m comphancc ~ ~e ~mp~hcns~vc Plaa 24 Ms GOU~IE T~t's a wolat~on So what ~ 24 a ~onal m~x~ usc a~ but ~c ~ould b~ ~n mx 2~ haxetodowfllhaveto~wlthmasmndard~atmaynot 2~ opinion ff~s~tostayA~cuI~al buffing Page 94 Pagc I put an~ mo~ wat~ on ~ p~ ~an a~dy happens to I ~u~rements b~ause ~t ~s a res~dentmlly zon~ propcr~5 2 ex~st pm-development 2 MS ~OURDIE SO I gU~$ w~a[ I'm conc~ed 3 MS S~ON That Is eo~t and ~at is one of 3 Is that we ye got e~en ~ou~ I know we've got a prop~lx 4 ~e ~sons why ~ ~ma~ ~ngm~ com~ to ~e 4 ~at's got - a PD n~t now ~at's got L~t Industrial up 5 ~ elopm~ Rev~ Co~ to ad~s ~e ~mage ~ssues 5 against ~dentml ~ ha~ e ~at happing It's going to 6 and ~o ens~ ~at additional ~amage will no~ be caus~ to 6 happen I guess my conc~ ~s how thd ~ put ~se ~u~ h 7 off s~te p~j~ts 7 a h~vy use, so I beh~e, up against such a h~t use ~x 8 MS ~o~[g And ~mg ~t ~'s also a 8 we des~gn~ ~e Compmhens~ e Plan I'm also concen~d 9 conunent that ~e propos~ ~denhal development ~mp~e any 9 I don't think flus whole ~onal nux~ use eent~ ~s all 10 fu~ development use of ~: land own~ b~ ~ l0 ~ Andy Co~ prop~ Ma~ be pan of ~t was m~.~d I 11 Co~omt~on Pa~of~ew~nd~sm~mnal 11 not~llys~b~auseof~e~ay~twas- ~a~hulc 12 m~x~ use c~tgs which m~n~ ~a~ L~t ~dusmal ~s an 12 p~e of prop~ chan8~ ~mss and I don't know ~[ Ih,. 13 0pumal use at ~at moment m tm~e So ~s ~at ~y 13 ~lly you know n~t on ~e r~t marks for An~x~ ( 14 some~mg ~at ~ey should be cone~ about9 [ 4 prop~ hnes [5 MS n~DSON AS any pro~ own~ ~ am 15 So ~at's wh~ my conc~ ~s ~s ~at am 16 conc~ about the poten~ml ~mpacts of ~e~ prop~ 16 c~tmg anoth~ by abuumg avo -- a ~W use w~th a 17 ~at as ~e~r 0p~mon ~at ~ll ~ppen when~ ~ 17 h~t use, and ~a['s what I m k~nd of s~ng how thd ~ 18 d~de to come fo~ard, w~ would ~w to s~ w~t ~oa of 18 up doing ~a~ And I ~s ~at s j~t a qu~tmn tha~ ~ 19 ne~borh~ oppos~tmn eam~ up a~ ~at t~e As you have 19 now about let bygon~ ~ bygone, bu[I ~nk we've go~ 20 pomt~ out L~ght Indusmal c~s, as would ~ an 20 ~mgs ~o look at m ~e fu~ 21 ~'sexpans~on,~son~of~nSs~twe~l~kmg 21 M~a[SHS~ Mr McNe~ 22 for m ~e ~onal m~x~-use ~nt~ 22 M~ M~[~L Y~ I a~ ~ ~e 23 ~S ~[~ And as for eomplam~. ~g ~t 23 from An~s Co~oraUon h 1~ m me l~e we made a 24 ~ ~ co~n$ m af~ ~ faz~ ~ ~ ~y a 24 ~ous ~or w~n, m ~e ~mp~s~ve Plan. when ~ ~ sad PLA~G A~ ZO~G CO~SSION ~ 14, 2000 2 5 Page 93 - Page CondenseltTM Page 97 Page 99 I a Light Industrial area gtvea the nature of Andrews I larger ques*aon that we have to answer is this is tim 2 Corporation And as such - reaund me again what a 2 Compmha'n~x e Plan Thru Is thc land uso map for the 3 ne~ghborhund center allows me to do, staff 3 Comprehenslx e Plan, the adopted -- as m December So I d 4 M~ HUDSON A ne~ghborhoad center allows a 4 hke to go back to the greater question of ~s th~s the r~ght 5 variety of residential housing types, low density, moderato 5 amount of buffenng or what else could th~s applicant do 6 density, as well as offices and light retad uses 6 besides asking for an amendment to the Comprehens~x c Plan 7 MR MCIqE[LL But no lodustrlal, no hght 7 %L~ ~,'~ ILLIAMS My question Is and I've worked 8 industrial? 8 m facione-, hm~ do you buffer nmse? I hove worked m a 9 MS HUDSON That IS correct 9 factor) and ',,,hen you have sheet metal bending ntaclmlcr~ l0 MR MCNEILL Yeah So m the rcSmnal 10 making no:~: at 2 00 o'clock in the morning and of cottr~c 11 mixed-use canter Is high density housm8 and hght 11 then. s not game Ia be a salesman out there sclhng houses 12 mdustnaY~ 12 at 2 00 o clock m tho morning And I think - 13 MS HUDSON That IS correct, as well 13 %LR_ REICHHART You'r~ correct 14 MR MCNi~ILL Yes 14 \IQ ',~.ILLIa. MS And also I think a greater 15 MR REICHHART It's also more of the big box 15 is land cowpat~bd~y, land usc compat~blhty, and that 16 rctad where you'd have thc mall and the large -- you know, 16 xs hat I m concerned with And I wdl state again as 17 the Wal Marts and the b~gg~ retad developments 17 v, hen I s o,ed against the Comprehensl'~e Plan, anything yon do 18 MR MCNEILL Yeah I guess part of what 18 In a burr) cnd~ up being a mess and we're deahng w~th that 19 bothers me here Is we establish you know, we're a 19 mess 20 pohcy-maklng board and we establish procedures and pohmes 20 xtR_ RISHEL Thank you Mr Williams I had a 21 and now w*'re almost getting into let's make a deal Can 21 couple of speaker~ that wanted to - thank you Ms Apple 22 you give up this and I'll take this and will you do this If 22 ',ts ~'PLE I concur with what Commissioner 23 111 do that And I JUSt don't think that's a good way to 23 McNedl sa d earher I think that yes the Comprehcns~ 24 do business If tadecd that is properly zoned, then he 24 Plan alia;x., for thl~ but this might be one of those httl~ 25 ought to ha able to come ~n there and build homes But, as 25 ghtches ',shore ma)be it doesn't seem appropriate I reah.,e Page 98 Page 100 I llookut~t tfthat'szonodaF or ff that wcre to he the~reuntgomgtohemarketmgthesepropertlesat200 2 zoned residential, that's really in direct opposltaoa to 2 o clock m l_.N: morning I would hate to be the marketing 3 what Andrews Corporation dons out there So I could 3 rep~e~entat:x e h-stag to market this residential 4 understand why they're concerned about that 4 netghborh~x~l ex en dunng tho day with it being next to 5 And you know that once those homes are bulh 5 Andre~ Co,"poraqon I'm a little perplexed I guess as to 6 there and Andrews Curporatmn conies down here and tries to 6 why anxore xxould want m do that I ttunk the goatlonan 7 develop tha~ southern piece they've got there, there will ha 7 from ~.ndrc',x said It hast that it seems to me hke thru ;vonld 8 500 people out hare in tho audience to protest Andrews 8 be mu,.h more appropriate for warehouses or light Industry or 9 Corporation expanding their business And I don't want to 9 some other load of use l0 sec that happen I don't want to hston to that Thank 10 So I gue,~ I have more of a problem with the 11 you 11 Comprehen ~lx e Plan aspect of it as we're game to say that 12 MR REICHHART If I may point out, if you could 12 th~s ~s ok~e-dok~¢ just because the Comprehoasiv~ Plun says 13 put thls on thc screcn The question of what do you do on 13 it Is and that just bothers me 14 the edge, If you can notice on thc're the different rcglonal 14 ~m_ mSH~t. Thank you Ms Apple There was a 15 arms that we have We have bas~cally three in the City 15 couple of odx'r gcople that were going to speak and fat 16 All along thOSe, there Is an edge question on what you do 16 some rmso~' mx ~crcen went down and then It came back np 17 And the intent of has this applicant done enough 17 and ~t onlx shm~ ~1 one speaker So if you wanted to spa. ak 18 buffermgbatwscnthatedge Wah the open spece that 18 ffyou~ou/drerc.m, stcryoursclf Ms Gourdle 19 they're providing, tho detention area, thc two larger lots 19 Ms c, oc'i~tE ~rst of' all this ~s my second 20 the buffer to thc: north, and then putting the roadway and 20 time around. (hd ',on have a question that you would hkc to 21 then the lots on the other side of the road such as they're 21 ask'~ 22 proposing, Is that enough of a buffer given that this Is the 22 Mm RISHEL 111 hold at this point Thank 23 adopted land usc map for thc City of Denton"/ We can argue 23 you 24 you know pick almost any site, getting r~ght down rote the 24 Ms c_,ot.'~t£ okay Thank you My quesnon ~s 25 specifics, poss~ly whom the edge should he But I think a 25 - "-when do ',~ · make the hn¢7 When do wc start -- if we do th~s PLANNING AND ZONING COMMISSION JUNE 14, 2000 26 Page 97 - Page 100 Con~n .~e.1 tTM Page lOl Page 10 I property that flus gentleman is tr~ng to develop into Light 1 approximately 65 feet Thc other item that I would hk~. t ~ 2 Industrial, then the next proper~ that's Agncultoral, the 2 point out to tho Commission Is that the Andrews Corporatson 3 argument will ho continuing on th~ same way So ! guess I 3 property ends approximately at th~s area right here So th~. 4 don't understand how wa can keep saying let's keep going and 4 majoniy of the Andrc~s Corporatmn that Is to the noah of $ going and golng We're going to hit Tile Pr~erve In a $ the site actually burls up against the detentmn arco when. 6 moment or Mo and that's already developed going on the 6 there are no residences That puts the residences 7 route that ~t s going on I th~nk that it has to come to a 7 approximately 75 feet or so at least from tho eastern night 8 point wl',~ we have to say, it was just hke those homes 8 edge of the Andrews Corporation properly If they decide to 9 that were btuh next to the railroad tracks, I asked about 9 expand and rezone that properly at that tlme 10 tho noise and st~ff And they said, well, Ehzabofll, some 10 MR RISHEL And that property at tlus time ~s 11 people hke to live next to the trains Okay That's not :11 currently zoned Agricultural 12 my choice And, obviously, ther~ s a manufactured home park 12 MS :~UOSON That Is correct 13 mthlsaren They're hvmg next to a 13 MRRtSHEL okay Any other questlons'~ Ihaxc 14 The qaestlofl Is is this an extren~e issue or is 14 a couple of questions and comments With regard to tilt. fact 15 this on Issue that these penple can hve with becntls¢ they 15 that we have seen th~s type of proposat before and wi, x~. had 16 are aware of the situation If they re not able to buy 16 relatively the same opposition before, other than before Mr 17 these: homes then it was a failed property and they're going 17 ¥, alkcr came forward I think this Is probably going to throx~ 18 to ha',e to tllrn around and sell a It's a risk thor 15 us into the 20 percent figure and I know that we wdl 19 they're taking on themselves and we $cc it all tho tulle 19 .~enerate that figure for City Council I think that as tilt, 20 throlighout this City whore fight up against Light 20 land develops in this arm It certainly Is logical to think 21 Industrial, we're putting resMentlal In without any 21 that we'd hke to see similar uses in szmdar areas 22 questioning at all And then all of a sudden, a property 22 although they do have the restdentml piece of propert) 23 comes up where we start questlomng It I think that In 23 ~mmedlately north of thcnn It seems with the amount of 24 order tu maintain what we'redonlg here we have to stick 24 nozsethat comes off of this the hghtmgthat's mxolxed 25 within the Comprehensive Plan because already I'm seeing too 25 ~th thru, that ~t would be logical to think that something Page 102 Page 1 I many people coining forward and saying, well, wa can't do I other than restdentml eventually would be developed on this 2 this We need to change this And this is what got us In 2 piece of property by someone And I don't know how far out 3 thc mess after the last Comprehensive Plan la wa're not ,3 that is 4 sticking to thc way things are designed to be designed So 4 I know that thc Plan that wc ha',c meets thc City 5 I really don't understand how this - how we can keep 3 cntaaa that we have and thc quahficatlons nrc all there 6 changmg die issues And that's just my conunent 6 for It to be SOlncthmg that's viable for us in thc 7 MR RiSHEL Thaakyou, Ms OourdIc Mr ? community It certamly -- what l don't want to see ~s ns 8 McNcill $ ale',clop a housing site that, for some reason, becomes 9 MR MCN[~[LL well, I was going to comment 9 abandoned In thc future because of thc other mdustrml uscs 10 earlier and I forgot to make this conmtent that the 10 that are In that ull.nledla~e area Any other comments 11 Comprehensive Plan and the way we voted on that was It was a I 1 questions or a motion'} 12 guide It was not cast In stone It was not nfl ordinance 12 MR MCNEILL MOtiOn 13 It was a guide And as such, v,'~ do not need to accept 13 MR. StSHl!L Mr McNedl 14 ¢',erythmg that coutes In as tho gospel and approve it Just i4 MR MCNEtLL I move to recommend denial ot 1 ~ because It's in tho Plan It Is a guide which Is to guide 1.~ zP 0o-002 16 the Conumssion which is to guide the Council as they make 1 ~ MR ',t. ILL[AMS Second 17 decmons And obviously, in my oplmon, an error was made 17 MR RISHI~ it's been moved by Mr McNedl and 18 when th~s was zoned Ne~ghborhoed Cent' So I'm not in 1 $ seconded by Mr Williams Any further discuss~on, Vo~¢ 19 favor of putting houses out there Thank you 19 please Motion passes 4-2 20 MR RISHEL Any other ClUestlons of staff? Any 20 (COMMISSIONERS OOURDIE ANO RISHE~ VOTING IN 21 other questions of staff? Any further closing comments? 21 OPPOSITION) 22 MS HLOSON Yea, $n' The~ are two points that, 22 MR IUSH~L And, once again, I'd like to 23 as the discusSiOn has gong on this cvenlog, that I'd hkc to 2.t ~fleet thc fact that I am voting In place of Mr 24 point out Thc amount of distance between thc northern 24 Engelbrecht's chair and my chair and voting mechanisms at 25 propertylmca~thcbcgmmngoftheresldent:alls 2-~ - -ll'eothorcndandI'msureom'mmuteswlllrcflactthat PLANNING AND ZONING COMMISSION JUNE 14,2000 27. Page 101 -Page 104 ATTACHMENT 4 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 20 1 ACRES OF LAND LOCATED ON POCKP. US PAGE ROAD AND EAST OF SOUTH 1-35 EAST TO PKOVIDE SINGLE FAMILY AND OPEN SPACE USES, APPROVING A ZONING PLAN, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR. VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (ZP-00-002) WHEREAS, Allen Bussel, on behalfofRM & K/VI Development, has applied for a change ~n zon, ng for 20 1 acres of land fi.om Agricultural (A) zomng district classification and use designation to Planned Development (PD) zoning district classfficatmn and use designation to prowde for Single Family and Open Space uses, and WHEREAS, on July 14, 2000, the Planning and Zomng Commissmn recommended demal of the requested change m zoning, and WHEREAS, the C~ty Council finds that the change in zoning wall be consistent with the Denton Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION1 Thezomngdistnctclassfficatlonandusedes~gnatlonofthe20 1 acre property described m the legal description attached hereto and incorporated here~n as Exhihit A is changed from Agricultural (A) zomg district classification and use designation to Planned Development (PD) zoning dtstnet elassffieation and use designation under the comprehenmve zoning ordinance of the C~ty of Denton, Texas SECTION 2 The Zoning Plan attached hereto and incorporated here~n as Exhihit B m hereby approved The uses authorized by this ordinance are hmited to the uses and condiUons set forth on the Zomng Plan SECTION 3 The City's offic,al zoning map m amended to show the change ,n zoning d~stnct classification SECTION 4 Any person v~olatmg any provlsmn oftl~s ordinance shall, upon convlctton, be fined a sum not exceeding $2,000 00 Each day that a prowsmn ofttus ordinance is wolated shall constitute a separate and dtstmct offense SECTION 5 This ordinance shall become effective fourteen (14) days fi.om the date of its passage, and the City Secretary m hereby d~rected to cause the caption of this ordinance to be pubhshed twine m the Denton Record-Chromcle, a daily newspaper published m the C~ty of Denton, Page 1 of 1 Texas, watlun ten (10) days of the date of its passage PASSED AND APPROVED th~s the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Page 2 of 2 Exhibit A Legal Description Being ,11 that certmn lot, tract, or parcel of land s~tuated m the G~deon Walker Survey Abstract 1330, Denton County, Texas, bemg a part of that certain tract of land conveyed by deed fi.om Ann K Stroope to Juhe K Clark recorded under Clerk's File 95-R000602, Real Property Records, Denton County Texas and bemg more partmularly described as follows Begmmng at an ~ron rod set for comer ~n Pockms Page Road, a pubhc roadway, smd poant being the southwest comer of that eertmn tract of land described m a deed fi.om Helen Ehzabeth Waldnp to Gmbart M Waldnp, Jr recorded m Volume 1032, Page 9714, Deed Records, Denton County, Texas, Thence N 86 degrees 14 manutes 00 seconds West, 1212 83 feet w~th smd Road to an xron rod set .for comer, Thence N 04 degrees 10 manures 34 seconds East, pass at 21 28 feet an iron rod found for north line of saad road, a total distance of 720 60 feet to a fence comer xn the south lane of that ce~am tract of land conveyed by deed from Tom Fonts, Trustee to Andrew Corporataon recorded m Volume 912, Page 790, Deed Records, Denton County, Texas, Thence S 86 degrees 35 minutes 09 seconds E, pass at 385 0 feet the southwest comer of that ce~tam tract of land conveyed by deed fi.om Veterans Land Board of the State of Texas~o Pochard A. Bana recorded m Volume 1329, Page 202, Real Property Records, Dentor~ County, Texas, pass at 865 0 feel the southwest comer of that certain tract of land conveyed by deed fi.om L C Dupree and wife, Stella M Dupree to W E Buekalew and wafe, Mary B Buckalew recorded m Volume 530, Page 55, Deed Records, Denton County, Texas, a total dastanee of 1199 75 feet with the south lane of smd Andrew Corporation, Bana and Buckalew tracts to a fence comer for a comer m the west line of smd Waldnp tract, Thenc~ S 03 degrees 08 minutes 27 seconds W, 728 00 feet w~th saad west lane of smd Waldnp tract to the Place of Begmmng and conta~mng 20 057 acres of land AGENDA INFORMATION SHEET Agenda No Agend~ AGENDA DATg~ August 1~, 2000 DEPOneNT Plying Dep~ent ] CM/DC~ACM: Dawd Hill, 349-8~14 SUBJECT - ZP-00-007 (Redwood Medlcal Office) Hold a public heanng and consider adoption of an ordinance approving a Zomng Plan, to rezone approximately 2 4 acres located on the south side of East University Drive approximately 250 feet west of its intersection with Redwood Drive The property is currently zoned One Family Dwelling (SF-7) An Office conditioned (O[c]) zomng district permitting the construction of a doctor's office is proposed The Planning and Zoning Commission recommends approval (7-0) with conditions BACKGROUND The applicant wishes to rezone this 2 4 acre property, which is currently zoned One-Family Dwelhng ,(SF-7) (see Attachment 1 - Enclosure 2), to an Office Conditioned (O[c]) zomng classaficaUon to allow the placement of a general practice doctor's office (see Attachment I - Enclosure l) Routine, non-emergency medical procedures and examinations consistent with general practice will be conducted on-site The applicant is proposing compat]blhty measures such as a bufferyard and masonry exterior ~' This development is subject to the requirements and procedures of the Nonresidential Interim Regulations (Ordinance 2000-069) ~' The proposed development is located m an "Exmtmg Neighborhoods / Infill Compat]b]hty" area of The Denton Plan Staff finds the proposed development consistent with the Comprehensive Plan (see Attachment 1 - Comprehensive Plan Analysis and Staff Analysis) ~' Eighteen (18) property owners were notified of the zoning request Eleven (11) responses have been received, one (1) are in favor, one (1) is neutral and nine (9) are opposed to the request The opposition represents 18 67% of the land area within 200 feet (see Attachment 1 - Enclosure 3) PRIOR ACTION/REVIEW The following is a chronology of ZP-00-007, commonly known as Redwood Mcdmal Office Zoning Plan Apphcatlon Date - June 7, 2000 DRC Date - June 15, 2000 P&Z Date - July 12, 2000 ESTIMATED PROJECT SCHEDULE Under the Nonresidential Interim Regulations, a Project Plan will need to be submitted and approved by courted before development can beg~n As well, th~s property is not platted and would be required to be platted before development can commence FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district It will reqmre no short-term pubhc improvements that are the rcsponsibihty of the city As a form of lnfill development, no extension ofpubhc infrastructure is necessary to servme this site P&Z RECOMMENDATION The Planmng and Zomng Commission recommends approval (7-0) of th~s zomng request with the followmg conditions 1 The floor area of the mmn structure shall be limited to 10,000 square feet 2 A parapet shall be extended around the entire roofline of the mmn structure 3 The mare structure shall be hmlted to one story in height 4 Any fancmg around the perimeter of the property shall be supported by steel or masonry posts 5 Hours of operation shall be such that patients will not be admitted before 8 00 a m or after 8 00p m 6 50% of all trees within ten feet (10') of adjacent residential property that are greater than four inches (4") d b h shall be preserved 7 Car headhghts shall be screened so as not to shine into surrounding residential property OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item ATTACHMENTS 1 Planmng and Zoning Commission Report, July 12,2000, ZP-00-007 2 Additional Matenals regarchng ZP-00-007 3 Planning and Zomng Comm~ssmn minutes from July 12,2000 4 Draft Ordinance Respectfully subm~tte~ . ~ ~. ~u D'~uglas'S Powell, AICP D~rector of Planmng and Development Prepared by ~homas § ~ray Planner I ATTACHMENT 1 Agenda No ... Agenda Item PLANNING AND ZONING COMMISSION STAFF REPORT Sublect' Redwood Medical Office Zomng Plan Case Number ZP-00-007 Staff Thomas B Gray, Planner I Agenda Date' July 12, 2000 JRPOSE I'~ Hold a pubhc heanng and consider making a recommendation to C~ty Council regarding the Zomng Plan for the proposed Redwood Medical Office The request is to rezone apprommately 2 4 acres from an One-Family Dwelling (SF-7) zoning d~stnct to an Office (O) zomng dlstnct LOCATION MAP Location South s~de of East University Drive approximately 250 feet west of its ~ntersectlon with Redwood Drive Size Apprommately 2 4 Acres zp oo o0/ GENERALJi Owner Dr Stanley Evans Apphcant Robie McCarty 2412 Old North Road RM Spec~albes Suite IOOB 1901 Burmng Tree Denton, Texas 76201 Denton, Texas 76201 I ZONING PLaN ,PROCEDURES· I Th~s development ~s subject to the requirements and procedures of the ~ntenm development regulations for nonresidential development (Ordinance No 2000-069) The Zomng Plan is the first step ~n a two-step zomng process required by the ~ntenm regulations No non-res~denbal development apphcat~on shall be approved unttl a Zomng Plan has been approved for the land described ~n the apphcabon The approved Zomng Plan shalt become a part of the regulabons for the residential d~stnct ~n which the property ~s located After a Zomng Plan for this property has been approved, the apphcant will be required to submit a Project Plan consmtent w~th the approved Zomng Plan before development of the property can begin The developer wishes to rezone th~s 2 4 acre property, which ~s currently zoned One~Family Dwelhng (SF-7) (see Enclosure 2), to an Office (O) zoning classification to allow the placement of a general pracbce doctor's office (see Enclosure 1 ) A maximum of two pracbclng physicians will be housed m a s~ngle structure on the site Roubne, non-emergency medical procedures and examinations consistent w~th general practice will be conducted on-s~te The apphcant is proposing compat~blhty measures such as a bufferyard and masonry extenor The rezomng apphcabon, ~f approved, wdl essenbally create an Office conditioned (O[c]) zomng d~stnct on th~s property hmltmg uses to that of a doctor's office )MPREI 1999-2020 Denton Comprehensive Plan Analysis The 1999-2020 Denton Comprehensive Plan places th~s property within an Ex~sbng Ne~ghborhoods/Infdl Compabbfl~ty land use area New development w~th~n estabhshed residential areas should respond to existing development w~th compabble land uses, patterns and design standards Exmt~ng neighborhoods w~th~n the city should be protected and preserved Neighborhood services such as small-scale retail and office are allowed Staff finds th~s proposed rezonmg to be consmtent w~th the Comprehensive Plan (see Staff Analys~s below) ZP O0 00/ e 1. Transportation A Tnp generation The proposed residential development would generate a maximum of 360 tnps per day if built out as proposed ~n the Zomng Plan (see Table 1) Table 1. Proposed Medical Office Trip Generation Land Use I Average Trip I Maximum Sq I Total Trip ~ I Generation* I Ft** I Generation B Medical.Office I 36tnps/1,000sq ff J 10,000sq ftr 360 R * Calculations provided by the Institute of Transportation Engineers, 1999 ** According to applicant NOTE The applicant has presented a Traffic Impact Analys~s (TIA) as part of the requ~rod Information for a Zomng Plan appflcabon This study has demonstrated what ~mpact should be expected from th~s development, as well as what transportabon ~mprovements will be reequlred of th~s development B Road Capacity East University Drive ~s ~dent~fied as a pnmary major artenal road by the 1998 Denton Mob~hty Plan Th~s road ~s designed to be a slx (6) lane d~v~ded street without parking, prowd~ng six (6) lanesofthroughtraffic Assuch, ~ts deslgned traffic capac~ty allows for a tolerable traffic flow of up to 27,900 trips per day East University is currently constructed w~th two (2) lanes without parking, allowing a current tolerable traffic flow of 9,500 The most recent traffic counts for East Umverslty ~ndlcates that there may not be adequate capacity to handle the calculated trips that could be generated by the proposed development A traffic count at Univers~ty east of Ruddell ~nd~cated an average daily volume of 15,246 vehicles A traffic count at Umvers~ty west of Nottingham ~nd~cated an average daflyvolume of 20,016 vehicles However, the Texas Department ofTransportabon ~s scheduled to begin w~demng East University Dnve to a slx-lane d~v~ded street ~n the year 2001 Once th~s project ~s completed, there will be adequate capacity to handle the traffic generated by th~s project C Access Th~s development will have access to East Umvers~ty Drive D Pedestnan Linkages Sidewalks along all pubflc streets are required An accessible route to all building entrances are requ~rod by Texas Accesslb~hty Standards (TAS) 2 Utilities The proposed development has access to ex~st~ng ut~ht~es ZP O0 00/ 6. 3 Drainage and Topography New development w~ll be required to design and construct a drainage system to c~ty standards A preflm~nary,dra~nage study w~ll be reqmred w~th the submission of a prehm~nary plat The study must mclud~ calculations of the lO0-year storm for all drainage areas on th~s property and any areathatdra~nstowardsth~sproperty The developer must ~nd~cate the method bywh~chtherun- off w~ll be carned across the property or stored on the property 4 Signs As per the sign ordinance 5 Off-Street Parking Section 35-301 of the Zoning Ordinance reqmres office uses to provide one (1) space for each three hundred (300) square feet of floor area 6 Landscaping Th~s property w~ll have to comply w~th the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area) The apphcant has also proposed a twenty (20') foot bufferyard between the office and surrounding residential properties 7 Open Spa(~e and Recreational Areas No requirement for nonresidential development 8 Lighting L~ght~ng on the property should be designed and maintained so as not to sh~ne on or otherwise d~sturb surrounding rastdenbal property otto sh~ne and project upward to prevent the diffusion ~nto the mght sky Th~s reqmrement can be wntten ~nto the ordinance as a condition of approval 9 Environmental Qualltyimpacts No s~gmflcant ~mpacts are anticipated January 14, t )69 - The subject property was placed ~n the One-Family Dwelling (SF-7) zomng d~stnct and land usa classification by Ordinance 69-01 7p O0 00/ 7 Notice of the zomng request was pubhshed in the Denton Record-Chmmcle on July 1,2000 E~ghteen (18) property owners within two hundred feet were mailed legal notices and mnety-s~x (96) residents within five hundred feet were sent courtesy nobces ~nform~ng them of the request (see Enclosure 3) As ofth~s writing, there have been three responses in opposlbon to the zomng request (see Enclosure 4) A neighborhood meeting ~s scheduled for Monday, July 10, 2000 The results of the meeting will be presented to the Commission at the t~me of the pubhc heanng Although the subJect property ~s currently zoned One-Family Dwelhng (SF-7), the small s~ze and irregular shape, of the property as well as ~ts frontage on East Umvers~ty Dnve indicates that res~denbal development is unhkely Rezomng the property to allow a small medical office building appears to staff to be an acceptable alternabve that would serve the surrounding neighborhood, as long as the development ~s designed to be compatible to the surrounding residential neighborhood The apphcant is proposing compabb~hty measures such as a 20' bufferyard between the office and surrounding residences and a mlmmum of 75% masonry extenor on the office building (both are ~dent~fied on the plan) Other ~ssues relating to neighborhood compabbd~ty, such as braiding s~ze, building height, landscaping, site configuration and aroh~tecture will be addressed at the ProJect Plan stage Staff recommends approval of ZP-00-007 w~th the following condlbons 1 Light~nglon the property should be designed and maintained so as not to shine on or otherwise disturb surrounding residential property or to shine and project upward to prevent the d~ffuslon ~nto the night sky 2 Hours of operabon shall be hmlted to between 8 a m and 6 p m I move to recommend approval of ZP-O0-O07 with the following cond~bon 1 L~ght~ng on the property should be designed and maintained so as not to sh~ne on or otherwise d~sturb Surrounding residential property or to sh~ne and project upward to prevent the d~ffus~on ~nto the mght sky 2 Hours of office operation shall be limited to between 8 a m and 6 p m ZP O0 00/ 1 Recommend approval as submitted 2 Recommend approval w~th cond~bons 3 Recommend demal 4 Postpone c0nmderatlon 5 Table ~tem 1 Zomng Plan 2 Zomng Map 3 200'-500' N0t~ficat~on Map 4 Property Owner Responses ZP-O0 007 9 ii~ I-~ I~l~'llhl~' ,~,,~ ~-,.,.,, ,., tri I'1~'~ ...... 10. Redwood Medical Office (ZP-00-007) NORTH LOCATION MAP Agenda Date' jUly 12, 2000 Scale None 11. NORTH ZP-00-007 (Redwood Medical Office) SITE 200'-500' NOTICE MAP 200' Legal Notices sent wa Cerbfled Ma~l 1--8 500' Courtesy Notices sent via 1st Class Mall 9__6 Number of responses to 200' Legal Not~ce · Opposed 3__ · In Favor 0__ · Neutral 0 Percent of land w~thln 200' ~n opposition >20% Agenda Date' July 12,2000 Scale, None 12 NOTTCE OF PUBLTC HEARI'NG ZP-00-007 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, July 12, 2000, to consider recommending approval to Qty Council a Zomng Plan for approximately 2 4 acres located on the south side of East University Dnve apprommately 250 feet west of its Intersection with Redwood Dnve (see map other side) The property is currently zoned One Family Dwelling (SF-7) A doctor's office is proposed The pubkc hearing will start at 6 00 p m in the City Council Chambers of Qty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w~thm two hundred (200) feet of the subject property, the Planmng and Zoning Commission would tike to hear how you feel about th~s zoning change request and inwtes you to attend the pubflc heanng Please, in order for your opinion to be taken into account, return this form with your comments pnor to the date of the pubhc heanng (Th/s in no way prohibits you from attending and participat~ng in the pubflc heanng ) You may fax it to the number located at the bottom, marl it to the address below, or drop it off in-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn Thomas B Gray, Planner I The zomng process includes two public heanngs designed to prowde opportumbes for cibzen involvement and comment Pnor to the public hearings, landowners w~th~n two hundred (200) feet of the subject property are notified of the zomng request by way of th~s not, ce The first pubhc heanng ~s held before the, Planning and Zoning Commission The Commission is informed of the percent of responses in support and In opposition Second, the zoning pebt~on is forwarded to the C~ty Council for final action providing the Commission recommends approval Should the Commiss~on recommend denial, the petitioner may then appeal the request to the City Councd If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the s~te submit wntten opposition, then s~x out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one. In favor of request Neutral to request ~...~Opposed to request Signature Phys, l Address of Prope w th,n 20O feet II Cl~ OF ~ENrON, TEX*S Cl~ HALL WEST. DENTON, TE~S 76201.~40 349 835~..~F) NOTICE OF PUBLIC HEARIN ZP-O0-O07 The Planning and Zoning Commission of the C~ty of Denton w~ll hold a public heanng on Wednesday, July 12, 2000, to consider recommending approval to C~ty Council a Zoning Plan for approximately 2 4 acres located on the south slde of East University Dnve approximately 250 feet west of its Intersecbon w~th Redwood Drive (see map other side) The property ~s currently zoned One Family Dwell~ng (SF-7) A doctor's office is proposed The public hearing will start at 6 00 p m in the C~ty Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w/thln two hundred (200) feet of the subject property, the Planning and Zoning Commission would I/ke to hear how you feel about thls zoning change request and mwtes you to attend the pubhc heanng Please, in order for your opinion to be taken into account, return th~s form with your comments prior to the date of the pubhc hearing (Th/s m no way proh~bits you from attending and partmipatmg m the pubhc heanng ) You may fax It to the number located at the bottom, marl it to the address below, or drop it off ~n-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn' Thomas B. Gray, Planner I The zoning process includes two pubhc heanngs demgned to prowde opportumtms for citizen involvement and comment Prior to the pubhc hearings, landowners wRh~n two hundred (200) feet of the subject property are notified of the zoning request by way of th~s nobce The first public hearing ~s held before the Plannlng and Zoning Commission The Commission ~s informed of the percent of responses ~n support and in opposition Second, the zomng petition Is forwarded to the City Council for final action providing the Commission recommends approval Should the Commission recommend demal, the petitioner may then appeal the request to the City Council If owners of more than twenty (20) percent of the land area w~thin two hundred (200) feet of the s~te submlt wntten opposltmn, then s~x out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one ~'- ~ In favor of request Neutral to request Comments. Signature Printed Name/~"~1 ~ Marling Address Z,p Telephone Phys~ Address CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 940 349 8350 · (F} 940 349 7707 ZP O0 007 200 Notice -- To Planning & Development C~ty of Denton From T~m Black 940 566 9040 07/03/00 14 12 10 Page 1 of Sent by the Award Winning Cheyenne BlS, are NOTZCE OF PUBLZCHEAR]:N& ZP-00-007 Tho Planning an(} Zoning Commission of the City of Denton will hold a public hearing on Wednesday, July 12, 2000, to consider recommending approval to C~ty Counclla Zoning Plan for approxa'nataly 2 4 acres located on the south side of East University Drive approximately 250 feet wast of Ils intersect[on with Redwood Ddve (sea map other side) The property ,s currently zoned One Family Dwelling ($F-7) A doctor's office I$ proposed The public hearing will Start et 600 p m in the City Council Chambers of City HalJ located at 215 E McKinney Street, Denton, Texas Because you own proper~y within two hundred (200) feet of the subject properb/, the Planning end Zoning Commission would I~ke to hear how you feel abou~ this zonlngchsngerequeatandlnvtteayoutoe~tendthepublichearlng Please, In order for your opinlon to be taken into er.t:ounl, return thle form with your comments pr~or to the data of the public hearing (This in no way prohibits you from attending and pa#ic~pating in the public hear/ng ) You may fax It to the number located al the bottom, mall It 1o the address below, or rirop it off In-person Planning and Development Department 221 N. Elm St Denton, Texas 78201 Attn: Thomas B. Gray, Planner i The zoning process Includes two public hearrngs designed to provide opportut~d~es for cit[ze.~ Involvement and comment Prior to the public heanngs, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice The first pubhc hearing is held before the, Planning and Zoning Commission The Commission Is Informed of the percent of responses In support end In opposition Second, the zoning pel,tiOn is forwarded to the City Council for final action provldlng the Commlaslon reoommende approval Should the Commlselon recommend denmi, the petltibner may then appeal the request to the C~ty Counoll If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the sde submit wdttan opposition, then six out of seven votee of the City Council are requlred 1o approve the zoning change These forms are used fo calculate the percentage of landow~ler opposition. Please circle one: In favor Of request Neutral to request ~-pposed to rsquest~"~ Comments: 81gnature ~ Printed Name. Mailing Address, ' ~ c~ O "' ~ c ty, state z p, Telepho~ Number ~ysl~l ~dr~a ~ Pmpe~ within CITY OF DENTON, TEXAS Cn'YHALLW~ST · DENTON,'I'EXA~ 78201 · 940.3498~0 , (F)9403497707 ATTACHMENT 2 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM TO. CITY COUNCILMEMBERS FROM THOMAS B GRAY, PLANNER I SUBJECT; ADDITIONAL ITEMS FOR ZP-00 007 (REDWOOD MEDICAL OFFICE) DATE AUGUST 10, 2000 CC Here Is some ad&tional material regar&ng the zoning plan for Redwood Mechcal Office on East University Slgn-m sheet from netghborhood meeting held Monday, July 10, 2000 Cmzen comments from ne,ghborhood meeting Opposmon map as of Thursday, August 10, 2000 Property owner responses received as of Thursday, August 10, 2000 Cay of Denton, Plannm§ and Development 1 - 221 N Elm, Denton, Texas 76201 www c~tyofdenton corn (940) 349 8350 fax (940) 349 7707 16. ZP-00-007 Zoning Plan Citizens' comments from neighborhood meeting held July 10, 2000 · I'm not concerned about th~s property as much as I am concerned about the large vacant property on the north s~de of Umvers~ty from th~s s~te What k~nd of precedent will th~s rezomng set m regards to development on the north s~de of Umvers~ty° · There is too much traffic on Umvers~ty as ~t ts, th~s development wdl make traffic worse · How wdl th~s development affect the tntersect~on on Umvers~ty and Redwood'~ That tntersect~on ts problematic · What happens to the zomng on th~s property when the new zomng map goes ~nto effect9 · There are a lot of dratnage problems m th~s area What wdl th~s development do to dratnage9 · Where will rainwater go from the detentton pond'~ · Why ts the developer ustng a wood fence to buffer the propertyo I am opposed to a cheap lumber fence Please constder bmldmg a race brick fence tnstead · Why was th~s netghborhood meeting not held earher'~ · Condtt~ons should be added hmlttng the amount of square footage and bmldmg hetght · I wtsh the property would remain undeveloped I hke the trees · Why do we have to braid somethtng on every block of the ctty'> We should preserve some open space · I really don't want anythtng to be bmlt there, but I guess a doctor's office makes more sense than anythmg else 18. NORTH ZP-00-007 (Redwood Medical Office) OPPOSITION WITHIN 200 FEET 200' Legal Nobces sent wa Certified Ma~l 18 500' Courtesy Notices sent v~a 1s~ Class Ma~l 96 Number of responses to 200' Legal Nobce · Opposed 9 · In Favor 1 · Neutral 1 Percent of land within 200' in opposition 18 67% Agenda Date August 15, 2000 Scale None 19. NOTICE OF PUBLIC HEARIN6 ZP-00-007 The Planmng and Zoning Commission of the City of Denton wdl hold a public hearing on Wednesday, July 12, 2000, to consider recommending approval to C~ty Councd a Zoning Plan for approximately 2 4 acres located on the south side of East University Drive approximately 250 feet west of ~ts intersect~on with Redwood Dnve (see map other s~de) The property is currently zoned One Family Dwelhng (SF-7) A doctor's office is proposed The pubhc heanng wdl start at 6 00 p m in the CRy Councd Chambers of C~ty Hall located at 215 E McKInney Street, Denton, Texas Because you own property w/thin two hundred (200) feet of the subject property, the Planning and Zon/ng Commlssion would hke to hear how you feel about th~s zoning change request and mwtes you to attend the pubbc heanng Please, ~n order for your oplmon to be taken ~nto account, return th~s form w~th your comments prior to the date of the pubhc heanng (Thls ~n no way prohibits you from attendtng and participating m the pub#c heanng ) You may fax ~t to the number located at the bottom, mad it to the address below, or drop ~t off m-person Planning and Development Department 221 N Elm St Denton, Texas 7620'1 Attn' Thomas B Gray, Planner I The zoning process includes two pubhc heanngs designed to provide opportumt~es for abzen ~nvolvement and comment Prior to the pubhc heanngs, landowners wRh~n two hundred (200) feet of the subject property are nobfied of the zoning request by way of th~s not~ce The first pubhc hearing ~s held before the Planning and Zoning Comm~ssion The Comm~ssion ~s informed of the percent of responses in support and in opposition Second, the zoning petlbon ~s forwarded to the City Councd for final acbon prowdmg the Commission recommends approval Should the Commission recommend dental, the petRioner may then appeal the request to the C~ty Councd If owners of more than twenty (20) percent of the land area w~thin two hundred (200) feet of the s~te submit written opposlhon, then s~x out of seven votes of the C~ty Councd are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one In favor of r__e._q__ue_e~st Neutral to request Opposed to request Comments /.J- Printed Name C~ty, State Z~p ~'~ '~. Telephone Number Physical Address of Property w~thln 200 feet ! ClTY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 7620t o 9403498350 · (F)9403497707 zP OO 0~7200 Notice ~0 o7/~2/oo 10 29 FAX 8174812768 ~r~pevineExc~v NOT CE OF PUBL.I:C HEAR]:N6 ZP-O0-O07 The Planning and Zoning Commission of the City of Denton will hold a public heanng on Wednesday. July 12. 2000. to consider recommending approval to City Council a Zoning Plan for approximately 2 4 acres Iccate~ on the south side of East University Drive appro)~mately 250 feet west of its intemectlon with Redwood Dnve (see map other side) The property ~s currently zoned One Family Dwelling (SF-7) A doctor's offiCe is proposed The public heanng will start at 6'00 p m in the City Council Chambers of City Hall located at 215 E McKinney Street. Denton. Texas Because you own proper~y wrthm two hundred (200) feet of the ~object property, the Planning and Zoning Commission would like to hear how you feel about th~s zonlng change request and Invxte$ you to attend the public heanng Please. in order for your opinion to be taken Into account return this form w~th your comments prior to the date of the public hearing (Th~s m no way prohibits you from ~tendmg and parbclpatlng in the public hearing ) You may fax it to the number located at the bottom, mall ~t to the address below, or drop It off In-person Planning and Development Department 221 N, Elm St Denton, Texas 76201 Attn: Thomas B, Gray, Planner I l~e zoning process ~nciudes two public heannge designed to provide opportunities for otlzen ~nvolvament and comment Pdor to the public heatings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of th~s notice The first public heanng Is held before the Planning and Zoning Commlsslon The Commrsslon is Informed of the pement of responses In support and in oppos~on Second. the ~ning pebt~on is forwarded to the Cifaj Council for final acbon providing the Comm,sslon recommends approval Should the CommIssion recommend demal, the petitioner may then appeal the request to the City Council If owners of more than twenty (20) percent of the land area wffhln two hundred (200) feet of the site submit written opposibon, then s~x out of seven votes of the City Councd are required to approve the zoning d~anga These forms are used to calculate the percentage of landowner opposition. In favor of request ~ Opposed to request Comments. Signature Pnnted Name Mailing Address Telephone Numbe~ CI~ OF DENTON, 07112/00 ~0 29 FAX 8174812768 NORTH ZP-00-007 (Redwood Medical Office) LOCATION MAP Agenda Date: July 12, 2000 Scale: None 22 NOTI'CE OF PUBL'rC HEAR:'rN6 ZP-00-007 The Planmng and Zomng Commission of the C~ty of Denton w~ll hold a pubhc heanng on Wednesday, July 12, 2000, to consider recommending approval to C~ty Councd a Zomng Plan for approximately 2 4 acres located on the south side of East University Dr~ve approximately 250 feet west of ~ts intersection w~th Redwood Drive (see map other rode) The property ~s currently zoned One Family Dwelhng (SF-7) A doctor's office Is proposed The pubhc hearing wdl start at 6 00 p m in the City Councd Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property w/thtn two hundred (200) feet of the subject property, the Planning and Zoning Commlsston would bke to hear how you feel about th/s zoning change request and invites you to attend the pubhc heanng Please, ~n order for your op~mon to be taken ~nto account, return this form w~th your comments prior to the date of the pubhc heanng (Th/s /n no way prohibits you from attending and participating m the pubhc heanng ) You may fax ~t to the number located at the bottom, mad it to the address below, or drop ~t off ~n-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn' Thomas B Gray, Planner I The zoning process includes two public hearings designed to provide opportumbes for c~bzen ~nvolvement and comment Prior to the pubhc hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of th~s nobce The first pubhc heanng ~s held before the Planmng and Zoning Commission The Commission ~s reformed of the percent of responses m support and ~n opposition Second, the zoning pebbon is forwarded to the City Councd for final acbon providing the Commission recommends approval Should the Commission recommend demal, the petitioner may then appeal the request to the C~ty Councd If owners of more than twenty (20) percent of the land area w~thln two hundred (200) feet of the s~te submit wntten opposition, then s~x out of seven votes of the City Councd are required to approve the zomng change These forms are used to calculate the percentage of landowner opposition Please circle one. In favor of request Neutral to request , ~.. Opposed to request ..... Original Message ..... From james t collv~ns <_~tcl~gte net> To dougpowell~cltyofdenton com <dougpowell~cltyofdenton com> Date Monday, July 10, 2000 12 43 PM Subject c~t~zen concern upcoming P&Z Dear Mr Powell, I would like to appnse you of some concerns I have about an upcoming zoning change in our older neighborhood The southslde of 1411 Umvers~ty Dr ~s S F and is being considered for a Dr's off~ce It ~s a triangular p~ece of property that has many trees and backs up to 10 home's yards Is this a needed development ~nto a residential area? Why would a Dr want to build ~n an area so far for the hospitals and whenever there are many Dr's offices avadable? I also question why here when all the other Drs are mowng off Mayhlll- Colorado area and Bonnie Brae The 380 expansion ~s going to take at least 8 or more feet and create a bus~ness inaccess~blhty on University Dr for some t~me The north s~de of th~s same property has also been for sale for some bme-several years Can this be a way to get the entire property rezoned'~ I was very familiar with the '88 Planmng Guide and this would have been strip zoning How would we know what m~ght ultimately be ~n our neighborhood? The property owners are opposed because of extra traffic congest~on,no~se level ~ncreas~ng w~th hwy coming closer to our homes w~th no tree barrier,water drainage as we are downhdl,and removal of the last green area on University Dr for unnecessary and un-needed development We are wondenng why more off~ce space ~s needed here In the 7 neighborhood meetings for the new plan, Mr Hdl repeatedly sa~d older neighborhoods would be protected and we want that for our neighborhood I hope you will consider these concerns and look carefully at this area proposal Would ~t be possible to forward th~s to the P&Z members as I do not have a hst avadable? I wdl not be able to attend the meeting this week as I am on vacation but have maded my zoning not~ce ~n already Thank you for your t~me and consideration Sincerely, Jamce Collwns 24. NOTICE OF PUBLIC HEARIN6 ZP-00-007 The Planning and Zoning Commission of the City of Denton wdl hold a pubhc heenng on Wednesday, July 12, 2000, to consider recomrnendmg approval to City Councd a Zomng Plan for approximately 2 4 acres located on the south s~de of East Univers~ty Dnve approx~rnately 250 feet west of ~ts intersecbon w~th Redwood Drive (see map other s~de) The property is currently zoned One Famdy Dwelhng (SF-7) A doctor's office Is proposed The public hearing wdl start at 6 00 p m ~n the C~ty Councd Chambers of C~ty Hall located at 215 E McKmney Street, Denton, Texas Because you own property w~thm two hundred (200) feet of the subject property, the Planning and Zoning Commiss~on would bke to hear how you feel ebout th~s zoning change request end mwtes you to attend the pubhc heanng Please, m order for your opinion to be taken into eccount, return this form w~th your comments pnor to the date of the publm hearing (Th~s m no way prohibits you from attending and participating m the pubbc heanng ) You may fax ~t to the number located at the bottom, mall it to the eddress below, or drop it off m-person Planning and Development Department 221 N. Elm St Denton, Texas 76201 Attn Thomas B (}ray, Plannerl The zoning process Includes two pubhc heanngs designed to prowde opportunities for c~bzen involvement and comment Prior to the public heanngs, landowners within two hundred (200) feet of the subject property are nobfied of the zoning request by way of th~s nobce The first pubhc hearing is held before the Planning and Zoning Commission The Commission is ~nformed of the percent of responses in support and in opposition Second, the zoning petition is forwarded to the C~ty Councd for final action providing the Commission recommends approval Should the Commission recommend denial, the pebtioner may then appeal the request to the C~ty Councd If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the s~te submit written oppos~bon, then six out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one In favor of request Neutral to request ('~pp~~es~'~ Comme, nts ~_~.?.,c~d~-~I -'~~ ~-~/'~.c~ ~ ~ O,~-'~.-~f~.4~.'~ --~.~.C'*"~_z/..~.O-- .,~-.~.., Pnnted Name .7~<=~ Malhng Address City, State Zip' Telephone Number ?.~gT~ D'~,.~ --, '~-'..~.~,~ Physical Address of Property w~th~n 200 feet .~/~..,/~,~/ ClTY OF DENTON, TEXAS CITY HALLWEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 ZP 00-007200 Notice 25. NOTICE OF PUBLIC HEARIN6 ZP-00-007 , ' The Planmng and Zoning Comm~ssion of the City of Denton will hold a public he'anng on Wednesday, July 12, 2000, tO consider recommending approval to C~ty Councd a Zoning Plan for approximately 2 4 acres located on the south side of East University Drive approximately 250 feet west of its intersecbon w~th Redwood Drive (see map other s~de) The property ~s currently zoned One Famdy Dwelling (SF-7) A doctor's office~ Is proposed The public headng will start at 6 00 p m In the City Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w~thJn two hundred (200) feet of the subject property, the PlannJng and Zoning Commission would bke to hear how you feel about th/s zoning change request end Inwtes you to attend the public heanng Please, in order for your opinion to be taken into account, return this form w~th your comments pnor to the date of the pubhc heanng (Thls ~n no way prohibits you from attending and part/cJpabng ~n the pubbc heanng ) You may fax it to the number located at the bottom, mall It to the address below, or drop ~t off in-person Planning and Development Department 221 N. Elm St Denton, Texas 76201 Attn: Thomas B. Gray, Planner The zoning process ~ncludes two public heanngs designed to provide opportunities for c~t;zen involvement and comment Prior to the pubhc hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice The first p~ibl,ic hearing ~s held before thai Planning and Zoning Commission The Commission is Informed of Lth'e percent of responses in support and In opposition Second, the zoning petition is forwarded to the City Council for final acbon pro~/Idlng the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the City Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposltmn, then six out of seven votes of the City Council are required to approve the zomng change These forms are used to calculate the percentage of landowner opposition Please circle one. In favor of request Neutral to request t~ff'~'~'~-ed to request Comments. Signature :) h--- ,/, I. JUL I 3 2000 Printed Nam-..,~?/,j/;~ __ Malhng Address City, State Z~p I ' Telsphono Number Physical ^ddre$$ of Property within 200 fset ClTYOPDENTON, TEXAS ClTYHALLVVEST o DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 ZP 00-007200 Notice 26° NOT'rCE OF PUBLTC HEAR' N6 ZP-00-007 The Planning and Zoning Commission of the City of Denton w~ll hold a pubhc hearing on Wednesday, July 12, 2000, to consider recommending approval to C~ty Councml a Zonmng Plan for approximately 2 4 acres located on the south side of East University Drive approximately 250 feet west of its Intersectmon wroth Redwood Drive (see map other side) The property )s currently zoned One Family Dwelhng (SF-7) A doctor's office Is proposed The pubhc hearing will start at 6 00 p m In the City Council Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about th/s zoning change!request end inwtes you to attend the public hearing Please, in order for your opimon to be taken into account, return thins form with your comments prior to the date of the pubhc heanng (This In no way prohibits you from attending and participating in the public heanng ) You may fax it to the number located at the bottom, maml it to the address below, or drop ~t off mn-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn. Thomas B Gray, Planner I The zoning process includes two public heanngs designed to prowde opportumt~es for c~bzen involvement arid comment Pnor to the pubhc heanngs, landowners w~th~n two hundred (200) feet of the subject property are notified of the zoning request by way of th~s not,ce The first pubhc hearing ~s held before the Planning and Zoning Comm[ssmn The Commission ~s ~nformed of the percent of responses in support and in opposition Second, the zoning pet~bon is forwarded to the C~ty Council for final action providing the Commission recommends approval Should the Commission recommend demal, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of!the land area within two hundred (200) feet of the s~te submit wntten opposition, then s~x out of seven votes of the C~ty Council are required to approve the zomng change These forms are used to calculate the percentage of landowner opposition Please circle one In favor of request Neutral to request ~pposed to"re'?~ Comments. Printed Name F~. ~_. ri ~.. ~__% Malhng Address C,ty, State Z,p; ~_ .~.,~.,.~/ Telephone Number Physical Address of Property within 200 feet ClTY OF DENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 ZP-O0 007 200 tvotlce NOTICE OF PUBLIC HEARIN6 ZP-O0-O07 The Planmng and Zoning Commission of the City of Denton will hold a pubhc heanng on Wednesday, July 12, 2000, to consider recommending approval to C~ty Councd a Zoning Plan for approximately 2 4 acres located on the south s~de of East University Drive approximately 250 feet west of ~ts intersecbon w~th Redwood Drive (see map other s~de) The property is currently zoned One Family Dwelhng (SF-7) A doctor's office m proposed The public hearing will start at 6 00 p m ~n the C~ty Councd Chambers of City Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w~th/n two hundred (200) feet of the subject property, the Planning and Zoning Commission would hke to hear how you feel about this zoning change request and Invites you to attend the public heanng Please, ~n order for your opinion to be taken into account, return th~s form w~th your comments pnor to the date of the pubhc heanng (This m no way prohibits you from attending and participating in the public heanng ) You may fax ~t to the number located at the bottom, mad ~t to the address below, or drop ~t off ~n-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn Thomas B Gray, Planner I The zomng process includes two public heanngs designed to prowde opportumt~es for c~bzen ~nvolvement and comment Prior to the pubhc heanngs, landowners w~th~n two hundred (200) feet of the subject property are nobfied of the zoning request by way of th~s not,ce The first pubhc heanng ;s held before the Planning and Zoning Commiss;on The Commission ;s informed of the percent of responses in support and in opposition Second, the zomng petition is forwarded to the C~ty Councd for final acbon providing the Commission recommends approval Should the Comm~ss;on recommend demal, the petitioner may then appeal the request to the C~ty Councd If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the s~te submit written oppos~bon, then s~x out of seven votes of the City Councd are required to approve the zomng change These forms are used to calculate the percentage of landowner opposition In favor of request Neutral to request r Comments S~gnature ~P-- ~ ~ Telephone Number ~ ? ~-~ ~:~/~"_<~ d - ~hysmat ^ddress o~ ~roperty w~thm 200 f~et ClTY OF DENTON, TEXAS ClTY HALL WEST o DENTON, TEXAS 76201 · 0403498350 · (F)9403497707 Zp oo 007200 Notice 28. To Planning & Development City of Denton From Tim Black 940 566 9040 07/03100 14 12 10 Page 1 of Sent by the Award Wmmng Cheyenne Brb,vare NOT'J:CE OF PUBL'rC HEAR]:NE, ZP-O0-O07 The Planning and Zoning Commission of the City of Denton will hold a public heanng on Wednesday, July 12, 2000. to corridor recommending approval to CIty Council a Zoning Plan for approxh-nately 2 4 ec~es Focated on the south side of East University Drive approximately 250 feet west of Its Intemect~on with Redwood Ddve (see map other aide) The property ,s currentry zoned One Famdy Dwelling (SF-7) A doctor's office Is proposed The public hearing will start at 600 p m in the City Council Chambers of City HalJ located at 215 E McKinney Street, Denton. Texas Because you own properly within two hundred (200) feet o! the subject property, the Planning and Zoning Commission would I~ke to hear how you feel about this zoning change request end invites you to attend the public hearing Please, In o~er for your opinion to be taken Into a~counl, mturr~ this form wilh your comments pr~or to the date of the public hearing (This in no way prohibits you from attending and par~c~pating In the public hear/ng ) You may fax it to Ihs number located at the bottom, mall it to the address be]ow, or drop it off m-person Planning end Development Deparlment 221 N. Elm St Denton, Texea ?{1201 Attn: Thoma~ B Gray, Planner r The zoning presses Includes two public hearings designed to provide opportun~bes for citizen Involvement and comment Pdor to the pubIIc hearings, landowner~ within two hundred (200) feet cf the subject properly are notified of the zoning request by way of this notice The first pubho hearing is hem b~fora the Planning and Zoning Comml~slon The Commission is Informed of the percent of responses ~n support and tn opposition Second, the zoning pebflon ~s forwarded to the City Cour~cll for final action providing the Commission recommends approval Should Ihs Commission recommend denmi, the Petitioner may then appeal the request to the C~ly Council If owners of mere than twenly (20) percent of the land area within two hundred (200) feet of the sds submit wdtte~ opposition, then six OUt of seven votes of the City Council are required to approve the zoning change These forms are used fo calculate the percentage of landowner opposition. Please circle one. ~ In favor of rec~uest Neutral to request Comments: Signature- '~~ .~~ Mailing Address . / ~' O C~" ~. Telapho~ Number ~ ~ -- ~ ~ ~ , ~ys~l Address of Pmpe~ witch 200 fee~ / CiTYOPDEN~N, TEXAS CITY HALL W~ST . DENTON, TEXAS 78201 · a49a4983so, (F)9403407707 Z/cOO ~07 2~ No~ 29. NOT]:CE OF PUBL'rC HEAR'tN6 ZP-00-007 The Planning and Zoning Comm~ssion of the City of Denton will hold a pubhc heanng on Wednesday, July 12, 2000, to consider recommending approval to C~ty Council a Zoning Plan for approximately 2 4 acres located on the south side of East University Dnve approximately 250 feet west of its ~ntersecbon with Redwood Drive (see map other side) The property is currently zoned One Family Dwelhng (SF-7) A doctor's office is proposed The public heanng w~ll start at 6 00 p m ~n the C~ty Council Chambers of City Hall located at 215 E McK~nney Street, Denton, Texas Because you own property within two hundred (200) feet of the subject property, the Planmng and Zonlng Commission would I/ke to hear how you feel about th/s zomng change request and Inwtes you to attend the public heanng Please, ~n order for your opinion to be taken into account, return this form w~th your comments prior to the date of the pubhc heanng (Th/s /n no way prohibits you from attending and partlc/patmg in the public heanng ) You may fax ~t to the number located at the bottom, mad ~t to the address below, or drop ~t off in-person Planning and Development Department 221 N. Elm St Denton, Texas 76201 Attn, Thomas B Gray, Planner I The zoning process includes two pubhc hearings designed to prowde opportunities for c~bzen involvement and comment Prior to the pubhc heanngs, landowners w~th~n two hundred (200) feet of the subject property are notified of the zoning request by way of th~s nobce The first public heanng ~s held before the Planning and Zoning Commission The Commission ~s informed of the percent of responses ~n support and in opposlbon Second, the zoning pet~bon ~s forwarded to the C~ty Council for final acbon prov~ding the Commission recommends approval Should the Commission recommend den~al, the petitioner may then appeal the request to the City Councd If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposibon, then six out of seven votes of the C~ty Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one ~ In favor of request Neutral to request /- Opposed torequest ) Comments c,ty, State Z,p Telephone Number Physical Address of Property within 200 feet J~/~ ~ .r'~_~/¢ DENTOne," TEXAS C~TY HALL WEST · DENTON, TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 CITY OF ZP-O0-O07 200 Not/ce NOT'rCE OF PUBL]:C HEAR'rN6 ZP-O0-O07 The Planning and Zoning Commission of the C~ty of Denton will hold a pubhc heanng on Wednesday, July 12, 2000, to consider recommending approval to C~ty Council a Zoning Plan for approximately 2 4 acres located on the south side of East University Drive approximately 250 feet west of its intersecbon w~th Redwood Dnve (see map other s~de) The property ~s currently zoned One Family Dwelhng (SF-7) A doctor's office is proposed The pubhc heanng will start at 6 00 p m in the C~ty Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w~th~n two hundred (200) feet of the subject property, the Planning and Zoning Comm~ssion would I~ke to hear how you feel about th~s zoning change request and ~nwtes you to attend the public heanng Please, ~n order for your op~mon to be taken into account, return this form w~th your comments pnor to the date of the pubhc heanng (This in no way prohibits you from attending and participating in the public heanng ) You may fax ~t to the number located at the bottom, mall ~t to the address below, or drop ~t off m-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn. Thomas B Gray, Planner I The zoning process ~ncludes two public heanngs designed to prowde opportun~bes for c;bzen ~nvolvement and comment Prior to the pubhc hearings, landowners within two hundred (200) feet of the subject property are nobfied of the zoning request by way of th;s nobce The first pubhc heanng ~s held before the Planning and Zoning Commission The Commission ~s ~nformed of the percent of responses ;n support and in opposition Second, the zon;ng pet~bon ~s forwarded to the C~ty Council for final acbon providing the Commission recommends approval Should the Commission recommend demal, the petitioner may then appeal the request to the C;ty Council If owners of more than twenty (20) percent of, the land area within two hundred (200) feet of the s~te submit wntten opposition, then s~x out of seven votes of the C~ty Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one.//,-,-'""- ' ~ to req~ ~_~ Coma lenn::vor of request Neutral to request ~,,~pp~osed _ Signature Pnnted Name ~-~J~t~..4~O/.~;~'O Ma,hng Address z.~ City, State Zip .,'~. · Telephone Number ./"~./"/~ Phys~cel Address of Property w~thin 200 feet ClTY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 ZP oo 007200 I~ot/ce NOTICE OF PUBLIC HEARIN6 ZP-00-007 The Planmng and Zoning Commission of the C~ty of Denton w~ll hold e pubhc heanng on Wednesday, July 12, 2000, ,to consider recommending approval to C~ty Councd a Zoning Plan for approximately 2 4 acres located on the south side of East University Drive approximately 250 feet west of Its Intersecbon with Redwood Drive (see map other slde) The property ~s currently zoned One Famdy Dwelhng (SF-7) A doctor's office Is proposed The public hearing will start et 6 00 p m in the C~ty Councd Chambers of City Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w~th~n two hundred (200) feet of the subject property, the Planning and Zoning Commission would bke to hear how you feel about thxs zoning change request and ~nvites you to attend the pub/lc heanng Please, ~n order for your opinion to be taken into account, return th~s form w~th your comments pnor to the date of the public hearing (This ~n no way prohib~ts you from attending and partic~pabng /n the public heanng ) You may fax It to the number located at the bottom, mail It to the address below, or drop ~t off in-person Planning and Development Department 221 N, Elm St Denton, Texas 76201 Attn' Thomas B Gray, Planner I The zoning process includes two public heanngs designed to prowde opportunibes for c~t~zen involvement and comment Prior to the public heanngs, landowners w~th~n two hundred (200) feet of the subject property are notified of the zoning request by way of th~s not~ce The first pubhc hearing ~s held before the Planmng and Zomng Commission The Commission is informed of the percent of responses in support and In opposition Second, the zomng pebbon Is forwarded to the City Councd for final action providing the Commission recommends approval Should the Commission recommend denial, the pebtioner may then appeal the request to the C~ty Councd If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the s~te submit written opposition, then s~x out of seven votes of the C~ty Councd are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one In favor of request Neutral to request Od"~pposed to reques~ Comments Printed Name E/--T// 7~'/~/V7- ,~"/d//-- Maihng Address ,~-~d / ~' ~'~ C,ty, State Z,p ~:) .~ ~ ...iL ~,..,../,. "'r".--x, Telephone Number c~'/¢Z~ .- ~ ,,~-'~.- - ,;).- Physmal Address of Property w~thm 200 feet CITY OF DENTON, TEXAS C~TY HALL WEST · DENTON, TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 ZP-O0 007 200 Notice 32° ATTACHMENT 3 CondenseltTM Page 99 ] MR MCNEILL can we just make a motaon? I So -- and the applicant will make that change but n ,s a 2 MR Il[SHEL [ d hke to make a motion that we 2 20-foot front braiding hne instead of a 30-foot one 3 egularly 3 Another item I need to bnng your attention to 4 4 is on page 3 under the transpomt~on comments I had put 5 MCN[~ILL second 5 a note ~ saying that ~ applicant had preseat~ a 6 It's bean moved 6 traffic impact analx s,s as part of the reqmred 7 7 information for a zoning plan That actually is not 8 8 correct Since th~s development ~s not expected to 9 Any d~scusston on motion? Motion 9 generate mom than I 000 vehicle trips ~t dc~s not mx,d a 10 carries unanimously 10 T[A and I apologize for that 11 We'll mov ~ with 11 I ha,,e pa~ed out some addtuonal mfommtmn 12 regard tO zoning Item 14 :onUnue a public 12 regarding the mainly about the neighborhood mci, ting 13 hearing 13 that we held on Monde5 evening At the neighborhood 14 Council regarding tho ~ for Planned 14 moating neighbors expressed a variety of concerns such as 15 Development 90 t located 15 the loss of trees the increase m traffic They are 16 west of Sl~nnan ] south and south of the 16 concerned about fie effect of drainage problems 17 The 17 precedent that this might set for other vacant propcmt,s 18 y development ~ is a 18 m the area Some residents reconunended height and 19 Reich.hag 19 limitations In regards to the residents, we have had 20 , REICHHART In front of 20 somo addit~onal o~ners within 200 feet c~te their 21 a ~pphcant They are withdrawm 21 oppos~tion and I behevc I have included th~s map in your 22 22 supplenlental matenals Right now I think we have c~ght ~ what was going to be developed across th~ sti~t il 23 owners mostly to the south and the east, who have ~ and the four plex The applicant is 24 expressed oppostuen Cturcetly that computes to 17 63 ~ppllcatlOn in order to bring another one percent opposition Page 100 1 I If there are no quesnons I can defer to the 2 MR I Item 14 2 apphcant The apphcant ~n th~s case ~s s~mply 3 requesting a zoning plan that would basically create an Item 15 then is to hold a public hearing and 4 Office conduloned zoning thsmct One of the condmons consider making a recmmueadatlon to City Council regarding 5 being that it would be solely for the purpose of a general 6 the zoning plan for Redwood Medical Office The request 6 practtuoner's medl,.al office 7 is to rezone approximately 2 4 acres from Smgle'.Famliy 7 7 Ma ENGELBRECHT ComlrtlSSlOners, any quesnons 8 zoning to an Office zomng dls~ct The property is 8 for Mr Oray'~ It appears not Thank you sa' ls the 9 located on the south side of East University Dnvn, 9 petmoner or petitioner s representative present? 10 approximately 250 feet west of Redwood Drive A doctor's 10 Mit BUSSI~U. My name is Allen Bussell 11 office is proposed At tins tune, I'll open the public 11 Surveyors & E%qneers of North Texas, 1621 Amanda Conrt In 12 hearing and ask Mr Ca.ay to provlde us with tl~ staff 12 Ponder Tluslsa25 just about 2 5 acre tract It's 13 report Sir 13 heavdytreed I'ra sure everybody here had dnven by tt 14 MR okay Thank you and good evening As you 14 It's triangularly-shaped as you can see on the 15 mentaoned, thls is the rezomng of a 2 4 acre site along 15 You've got Umvers~ty to the north You've get 16 East Umvers~ty from Single Family 7 to Office 16 single family to the ~outh and to the east and a vacant 17 condmoned Before I begin, I'd like to make a couple of 17 lot also to the south They're w~denmg University there. 18 corrections If you'll notace on your it's just a 18 so we're losing a hale blt of right of way or a hUle 19 little - really a typograpl~cal ~tem ff you'll notice 19 bit of property to n~t-of way :20 on your Zoning plan, you will sea a 20-foot building hne 20 Some of the concerns I want to address some 21 and pubhc utility easement shown on the drawing but m 21 of those and Thoma~ was good enough to make cop~es of the 22 the text it says that the building line the front 22 neighbors' comment~ so that I could look at them 23 buddmglmevallbeaJ0-footunnuntun The20-footls 23 beforehand Thetrees sse'regomgtoiosesometrees 24 correct They beeause of the shape of the site, they 24 I've dene my best to andlvedoneaprehminarylayout 25 need to get the bmldmg as close to the road as they can 25 of the site based on Robie McCarty, who is the builder PLANNING AND ZONING COMMISSION "-" 12, 2000 Page 97 - Page 100 33 Condonselt m Page 101 Page 103 I And thas :sa prehmmary layout but it's going to look a I any questions I'll be happy to answer them 2 lot hke this Robie laid out the office and it's real 2 MR ENOELBRECHT Let'S see Ms Oourd~c 3 close to the size u's going to be and the location is 3 Ms OOURDIE Thank you I do have one 4 going to be pretty much where ~t Is shown there 4 question and maybe Mr Edwards might be the one to answer 5 C~tong back to the trees with thas and w~th 5 that be:cause it 15 about the drainage area I noticed 6 a 20-foot buffer on the southern s~da and the eastern slda 6 that part of the driveway is shaded m gray Would thai 7 and with this layout, I calculated about 23 percent of 7 be consadered part of the drainage retention or detent;on 8 those trees remaining pretty much as they are We 8 or wha~wer the correct verb is for that? Is that what 9 wouldn't touch them except to clean out the underbrush and 9 the idea 10 make u a little safer We would also install a fence, a 10 MR EDWARDS [ m not sure exactly the are.~ 11 s~x-foet woedan fence aereas the southern and eastarn 11 A lot of places they do allow shallow flooding m parking 12 boundaries 12 lots, cttrbed up for even a hale bat higher - to help 13 And that may disturb some of the trees but a 13 mmgete peak storm runoffs And, you know, basacally if 14 wooden fence, we'd bo able to get in their by hand and 14 that s necessary, we m~ght on a very severe storm back 15 build ~t and it's not hkoly to disturb many of them at 15 v, ater up mtn the parking lot somewhat Maybe as much as 16 all That 23 percent JUSt includes those trees It 16 s~x to seven roches under a very severe storm 17 doesn't include any of the Intoner landscaping so we're 17 MS 18 looking at well over the minimum 20 percent and probably 18 that ~s hat the gray shaded area is refemng to is ff thai 19 close to 30 some odd percent open space and/or landscaping 19 ~ere one of those storms? Do you see what I'm tolkmg 20 on th~s sfle, which the triangular shape helps us on that 20 about how most of your pavement is white except thai one 21 end 21 hnle area is gray 22 Drainage was a major concern on h~e The 22 Ma EDWARDS That would be the max~mmn area 23 drainage on this tract flows basmally from this side down 23 that .n eve estimated Basically, we've done prehmmary 24 to here with some of It going across here We got a 24 calculattons on It From the concepts, we would asstun~ 25 lettea' from a neighbor that smd she has problems right 25 because of the bermmg and those kind of things would kill Page 102 Page 104 I here with flooding as It is What we we!lid propose to do 1 trees along the permaeter, we've kind of assumed thai WL d 2 with this plan Is to direct the flow, instead of going 2 have a retaimng wall a small retaining wall at the 3 this way, to chrect it going dowll here We have a 3 properly lane to nmke more of a vertical boundary And 4 dramage area right here where we would detain the water 4 ex en in the ama that Allen has the darker green area h~rc 5 from this site and let it out slowly to acceptable levels 5 and the hghter green area here there are heavy -- 6 We do have and City staff has two more design sessions, 6 heavily wooded area back in there and I think that we 7 preliminary plat and the final construction plans, to 7 don't have to excavate the pond out We can use the 8 review that detention pond and make sure it's gnmg to 8 natural ground and just do some beaning and preserv~ trc~s 9 work the way it's supposed to work So weql be able to 9 in that area 10 address any drainage concerns in that design phase But 10 MS OOURDIE My next question would be then 11 that's o~ proposal right now And with that, if you have 11 is the flow of the traffic if this storm does happen and 12 specific drainage questions, Greg Edwards, our engineer is 12 ~ou have a slow release of water you have seven or e~ght 13 here to answer those questions 13 inches sanmg there maybe more, is that going to stop 14 The noise problem was one of the things 14 the flow of the traffic since you do have arrows at which 15 mentioned Umverstty being widened, Ws going to get a 15 to proceed around the hack of the office? 16 httle nomrer With the removal of trees, it will make 16 Ma E~WARDS ~ wouldn't thank that that would 17 it a httle bit nmsmr still We're saving as much of 17 prohibit flow of traffic in those areas 18 the trees as we humanly can and trying to rmttgate that 18 MS OOURDIE ~ecause it does seem a hnle 19 with that But tt is going to get a little noisier 19 Ma EDWARDS I think the City of Denton stall 20 There's not much we can do about that 20 allows parl~ng lots to be in floodplain areas 21 With the traffic issues, this ts a doctor's 21 MS OOURDm lunderstand that 22 office, a professional building, there will be only 22 Ma EDWARDS And those are events that am 23 traffic to the office dunng normal working hours and 23 ~cry .,eft rare occurrences, very short, short duration 24 Saturday mornings So drive-time traffic shouldn't be 24 tune periods 25 affected That's all the comments l have Ifyouhave 25 meusse[[ Ins Caourdie, realqmck, thlS~S PLANNING AND ZONINO COMMISSION ~" ~' 12, 2000 Page 101 - Page 104 34 Con, lons¢ItTM Page 105 Page 107 I Just an exhibit, too I MR WILLIAMS Okay Thank you 2 MS UOURDIE Right I Just wanted to make 2 MR CLARK YOU bet 3 that con'anent because, first of all, visual things have a 3 MR ENOELBRECHT Mr McNelll 4 habit of staying m people's minds And I appreciate it 4 MR MCNE1LL I have a question Instead of 5 but I know that onca you see ~t, that's what we're going 5 building this or requesting rezomng of this for a 6 to expect 6 doctor's office, if you put in the single-family homes 7 MP. BUSSI~LL ~ understand and I d~d my best 7 here, you wouldn't retain five percent of those trce~, 8 te keep It all out of the parking but I didn't want ~ -- 8 would you9 9 I wanted to distorb as htlle trees also as possiblo I'd 9 MR BUSSELL No, lt'sveryunhkely Idon't l0 rather go that way into the parlong than I would destroy 10 think that would be the maj or concern engineering 11 more tre~s than we had to 11 Access to the site I believe would be imposslblc 12 MS GOURDIE And I respect that I JUSt havc 12 MR MCNEILL $o the fact that you're - 1 13 a feeling that if somcthtn8 would happcn you know, you vc 13 mean, I think it's commendable but it's not realty 14 got people backing up and trying to go around the opposite 14 necessary -- I mcen, it is certainly better than if you 15 way and it could I'm just -- it's a what-if situation 15 had single-family homes in there 16 and that's all Thank you 16 MR BU~JSELL Saving trees wise, yes, sir 17 MR ENOELBRECHT Mr Williams 17 MR MCNEILL Thankyou 18 MR Wit.t,lAMS Yes I need to ask the City 18 MR ENGELBRECHT other questions9 I have one 19 traffic person a quest:on In regards to a left tom 19 and I don't know -- I recognize you're the engineer on 20 lane with University bcmg what it is, I havc some 20 this project and I was trying to find it in the backup 21 serious concerns about turning left any place on 21 Them was a mention of part of the conditions would be 22 University without a left turn lanc Smea that's a State 22 here it is The recormmendation was hours of operation 23 h~ghway, dces tho City have authurity to reqmre a left 23 hmitedto800am to600pm I know-- I'm trying te 24 turn lane? And I don't care if they have 50 lanes coming 24 play the devil's advocate here I know that with working 25 up You know I know in 2001 dley're going to start 25 parents and all of that sort of thing these days, working Page 106 Page 108 1 building and that's going to create a problem again with I families, a lot of folks hke to go to the physician ,n 2 the construction So does the City have anthonty to 2 the evening They do keep evening hours Th~s precludes 3 require a left turn lane on a State Highway? 3 that 4 MR CLARK Yes, we do In fact, they've 4 Ma BUSSE~.[ I think I know where you're 5 cooperated with us on that This is where we had 5 going Dr Evans ~s here ff you d hke for him to address 6 basically designed a reedian break to be for both sides and 6 it 7 they've hned their driveway up with that And I'll have 7 Ma ENOELEREC~T ~ would I want to make 8 to check the plans to see if they have included the left 8 sm that that's been addressed and they're aware of it 9 tum bay In there I think they did and we'll check that 9 If not and I'm going to ask the neighbors the same 10 If not, we can work them But the median break ts there 10 question because 11 and there would be a left turn tn there on the State 11 Ma nUSSE[[ That's his current wurlang 12 highway Hopefully, we can get the State to do lt Tius 12 hours 13 project iS moving towards the construction phase, should 13 Da EVANS YOUr quesnon is? 14 start hko 2001 or so And so I think we can still get 14 MR E~OELBRECHT well the question is th~s 15 that in there if this is in place 15 as the recommendation to us is that hours be bruited to 16 MR WILLIAMS And we would deal wlth that m 16 800amto600pm and l wanted to know if you werc 17 the platting portion, right9 17 aware of that I know that frequently these days 18 MR CLARK Yes Or we can get the State to 18 phys~cmns and other service providers in the medical 19 say that they're going to install it to where they 19 field hke to have evemng hoUrs at least sometanes during 20 wouldn't have to Hopefully, that's the way we could do 20 the week to accommodate folks who are in the working 21 it 21 pubhc So I just wanted to make sure that you were aware 22 MR WILLIAMS Okay But I still want the 22 of the 6 00 p m condmon and if that was all right w~th 23 question,answered before I make a decision on the 23 you, ~f you had any comment about that 24 rezonmg 24 OR EVANS Those are the hours that we are 25 MR CLARK okay 25 currently working and I don't foresee that I personally PLANNING AND ZONING COMMISSION ~, 2000 Page 105 - Page 108 35 CondenseItTM Page 109 Page 11 I I want to work mom than that I Spectahnes, here a local contractor tn Denton 2 MR ENGELBRECHT Okay All right 2 representing Dr Evans I wanted to bnng a front 3 MR WILLIAMS DO you see patients at 8 00 3 elevatlon to show you much of what we're proposing to put 4 o'clock m the mornmg'~ 4 m there ~n this office leUmg you know that tt is going 5 MR R1SHEL YOU don't see a situation where 5 to bo a commercial braiding s~ngle-story but we r~ 6 you might want to come m at 12 00 and work until 800 6 trying to do ~t tn a soft effect to blend tn with the 7 JUSt to be flexible for your clients and all'~ 7 residence and the landscapmg and the fact that tt will 8 DR EVANS At this point tn our careers, we 8 have k~nd of an older building look so that tt doesnt 9 haven't done so and I don't foresee that 9 look like a modern north Dallas structure coming erie tln~ 10 MR ENGELBRECHT okay 10 neighborhood It's something we re propesmg that woukl 11 MR RISHEL Are there other doctors revolved 11 blend w~th the conmlumty blond with the neighborhood 12 with this besides yourself~ 12 A point I would like to make too, that I made 13 DR EVANS1 There's riot It's a single 13 to the residents that came to the neighborhood meeting ts 14 practitioner with anmllary staff of nurse practitioners 14 I am a local contractor I hve m this ne~ghburhood so 15 MR ENGELBRECHT Okay Just SO youYe aware 15 flus neighborhood is important to me as well as Dr Evans 16 I wantad to make sure that that was clear 16 hves m this nelghburhood We're going to pass th~s 17 MR RI~HEL At some petit tn time, maybe this 17 building a number of times every day and I want a to bc 18 budding would be sold to somebody else and those same 18 something that will blend with our neighborhood blend 19 restrtctions will carry through 19 with the people something that everybody wall be proud 20 DR EVANe. But I think the nature of this 20 of and that's what we're trying to accolnphsh here a~ 21 type of practice :s always going to be suited to a small 21 well as trying to save as we show the massive nmnbe~ el 22 individual practice 22 trees and make th~s something that the commumty and thc 23 MR ENGELBRECHT very fine Thank you Any 23 doctor's patients as well as the residents can be proud 24 other questions for the petitioner, Comm~sstaners9 All 24 of and be the least d~srupttve to them as possible 25 right Is them anyone present who would l~ke to speak m 25 That's why we're also proposing that six foot Page 110 Page 1 12 I favor of thts petition? Anyone present to speak tn favor I wood fence all the way around the banner to the 2 of the p~tton? If you would, ma'am, gl~e us your name 2 residences to help buffer that sound that may the 3 and address for the record 3 addtttooal sound that you may get off of University Dm c 4 MSCURRY lmM. rs Pres~n Curry at 1329R1o 4 when the trees comes down Butlthmkthatthls~sas 5 Dosa Court in Denton The property tn quesnon has been 5 palatable a project as can be offered for th~s piece of 6 m the Curry family for over 50 years Mr and Mrs 6 property 7 Charlte Curry bought tt and they are now both deceased and 7 MR ENqlELBRECHT Any questions 8 ~t has passed to their son and granddaughters and it will 8 Cotmmss~oners? I have one 9 be sold 9 MR MCCAR~Y Yes sir 10 The proposed plan seems perfect for th~ area 10 MR ENGELBRECHT This elevatmn suggests a I l to us It's -- the builders have talked about all the 11 flat roof 12 landscaping, the drainage, the trees, everythmg that 12 MR MCCARTY Yes sir 13 would make the area still compaUble with the homes on the 13 MR ENGELBRECHT HOW do you see that as 14 south and this highway on the north And when we sold the 14 compatible with the neighborhood I guess is my questmn > 15 property for the right-of way for the increased width of 15 Typically and I say that based - let me make a conunent 16 the street, we did ask that a cut be made about where it's 16 Typically what we have seen in this C~ty ~s that there s 17 shown, where tl~oy showed you just awhile ago, and tlmt was 17 been m residential areas most of the elevations that 18 wrmen tn with the sale So we very much hope that you 18 have been brought tn have typically had roof lines aod 19 will approve this 19 frontages sumlar to the residential properUes 20 MR ENOELBRECHT Thank you Any questions 20 MR MCCA~'rY what you get ~nto with a 21 for Ms Curry? All right Thank you Is there anyone 21 butlthng of this size, this bmld~ng represents a httle 22 else present who would like to speak tn favor of ~s 22 less than 8,700 square feet, and when you get into a 23 petition? 23 butldmg of this s~ze, you can try to mmntam a h~p roof 24 MR MCCARTY HOW are y'all tlus evening? I'm 24 design to blend with the resldentlal style The roof the 25 Robie McCarty and I'm a general contractor, Rig 25 peaks of this roof would get up tn excess of 30 fec~ to PLANNINO AND ZONING COMMISSIOI" ~'" · 12, 2000 Page 109 - Page 112 36. Condena¢ItTM Page 113 Page 115 1 get any style of roof line 1 MS oouanm of course, in the sununemme 2 And what happens ts and what we find and rey 2 I'm just saying m the wmt~time, it's very barren and 3 personal oprelon ts when we put a building this size with 3 you do sea everything and I would I think it would bca 4 the shape that we've got that we've tried to condense the 4 wonderful idea If you did continue around the edge so 3 ou 5 building rote tins area here to save all of the trees that 5 don't see the fiat roof I th~nk that would be a very 6 We can and squeeze this parking lot tn so that we can save 6 artistically pleasing thing to have Thank you 7 the trees, to condense tins building we get such a large 7 MR ENOELBRECHT Mr Moreno 8 roof area that it becomes, I thmk it becomes less 8 MR MORENO Yes sir Are you going to hat 9 attractive, as well as reore disturbing to the community 9 any dumpsters on this s~te? 10 V~nercas, keeping with the single-slope roof elevation, 10 MR MCCARTY We will have one dumpster and 11 keeping the level parapet all the way around, we can keep 11 were contemplating that today and we've got a httle 12 the parapet height of ttus building around 18 foot, six 12 design area in hem to take cam of And the dmnpslcr 13 Inches so that we're less dtsturbmg to the residences 13 right now we're tossing around being m th~s area or tins 14 around The trees, the reatunty of these trees should 14 area We won't detcnmnc that untd we do oar final ucc 15 pretty well buffer our site hne of our building 15 survey and sm what the most opportune trees to saxc arc 16 Whereas, if we go with a residential style and either go 16 But the dumpster would be totally screened and would be 17 with th(l staining searn reetal roof or even corepomte 17 gated so that ~t wouldn't be open to the site and to 18 shingles, are roof hne ts going to be so reasstve that 18 MR MORENO okay There wouldn't be 19 we're going to protrude up above the tree tops and I think 19 medical refuse going ~nto the dumpster, would there~ 20 It's more disruptive to the community 20 Ma MCCARTY NO Dr Evans has a service l 21 MR ENGELBRECHT Okay Ms Gourdte 21 beheve that takes care of all your medical products and 22 MS GOURDIE Thank you On the -- actually, 22 they do all that by other means than using the dmnpstcr 23 one of those houses seems to be in direct view of your 23 MR MORENO That what I call a corner or that 24 OffiCe, the one right there to the south 24 triangle-shaped area to the far west of the properly arc 25 MR MCCARTY This one right here? 25 you going to just leave that in a natural state or what Page 114 Page 116 I MS OOURDIE Correct I are you going to do with that* You're showing that 2 Ma MCCART¥ uh huh 2 kind of a dark green area them 3 MS OOURDIE HOW IS year facade golog all the 3 MR MCCARTY Right What we want to do m 4 way around? I mean, with flat roofs thoro tends to be 4 th~s area ~s come m and hand clean not by a tractor or 5 things on top that - 5 machine but come In here through hands, all th~s area ts 6 MR MCCARTY All Oar I build this style of 6 wooded so heavily right now none of the trees can thru 7 a braiding all die time All our mr condiaoomg units 7 It's all through hem multiple of small saphugs that arc 8 and such will be on the ground behind the bmkhug They 8 not really saplings tlm~e to probably eight inch 9 won'tberooftopairumtsthatv, dl be exposed to the 9 trees But we have such a cluster of treas none of thcsc 10 view The hack side of th~s building will have masonry on 10 trees can thrive So what we want to do now, you can t 11 it, also And we can even and are cont~nnplatang bnugmg 11 even really walk across th~s prop~a%y it's so dense ~ nh 12 up thc level parapet all the way around tl~ bmldtog so 12 underbrush We want to come in here by hand and clean thc 13 that you don't sea eny of the roof hne 13 underbrush out take seme of the smaller trees out that 14 The other thing is that kand of makes this a 14 are crowding the other trees thc larger trees from 15 hide bit to our benefit is at this area r~ght along here 15 thnwng and just create an area of.lust a natural 16 that I'm pointmg to, tberc's almest betwesn a fear to 16 greanbelt out bern and leave as many of the trees aq 17 five foot grade elevation This property being higher 17 possible but do clean up the undergrowth and probab[) l 18 than the property be*~ So by the t~me you take that 18 don't know at th~s time but I would think that we ,n oold 19 grade elevation and put a six-foot fence, you've almost 19 probably put some ground cover of some kind m there that 20 got a ten foot buffer before you ever start So with 20 would blend naturally with the trees and help the trees 21 those and the fact that Allen took all the trees out of 21 grow 22 th~s area because we do have to design a detentmn area m 22 Ma MORENO okay Thank you, s~r 23 here, but we hope to save some tales right along this hnc 23 MR ENGELBRECHT commissioners, any other 24 through hero also that will act and create a natural 24 questions? Thank you Appreciate ~t Is them anyone 25 buffer 25 else present who would hke to speak in favor of th:s PLANN1NO AND ZONINO COlVI~SSION .p'r~ -, ,',, 2000 Page 113 - Page 116 37 CondenscltTM Page 117 Page I 19 I petition? Anyone clse present to speak m favor of the I MR MOORE ImJoeMoore Ihveonl505 2 petition9 Yes, sir 2 Creek It's right south of this My great concern Is ali 3 DR EVANS I appreciate the concerns This 3 thc frees they're going to cut down and the noise 4 is my home I hvo, I believe, a re. tlc and a half from 4 Also, that southeast corner where the drainage is, that s 5 this location 5 not going to work That's Just going to flood out about 6 MR ENOELBRECHT If you could give us your 6 two people s homes there And if you approve, wh~cb I 7 name and business address for the record, sir 7 hope you don't you need to direct it where the trafhc 8 DR EVANS Dr Stanley Evans Business 8 watarwdlgoon380 Andthat'sallI'vegottosaybut 9 address, 2412 Old North Road, Suite 100B, Denton 9 you're just destroying all that properW and tho trees and 10 MR ENGELBRECHT Thank you 10 all that and them trees are big trees In there They 11 DR EVANS We've gone to a great deal of 11 don't need no undercut all that There's still a bunch 12 effort to try to find a way to make it as palatable as 12 of lress tn there growing That s wilderness there 13 possible, not even by recoiranendetion but by personal 13 Ma ENGELBRECHT Mr Moore I think ther~, a 14 preference 14 question Holdoajustammute /Va' Rlslml 15 We'd like for this to be a building that could 15 MR R[SttEL what sort of a development would 16 be one that my famlly would be proud of I hope that my 16 you sea would be acceptable to you Mr Moore? 17 son will take over my practice as I grow older and that 17 MR MOORE JUSt leave It bke a ~s la this will stay in our farmly for at least the next 50 18 MR RISHEL vacant land 19 years 19 Mn MOORE Yes 20 I'm comfortable that the people that I've 20 MR RISHEL [ Sea Thauk you 21 secured to design this have made every attempt to try to 21 MR MOORE There's trees on it It's not 22 please the people around I feel very comfortable that 22 vacant 23 this will be an opportunity for the people m this 23 MR ENOELBRECHT I think that's all Thank 24 enmmurllty not to have to go out to 1-35 to find their 24 you Is there anyone else present who would like to speak 25 family physician 25 in oppos~tion to flus petltmn'~ Page 118 Page 120 I As I speak with my patieats, what would they I MR WRtOHT Howdy My name is Paul Wngbt 2 prefer us to do to move out there where everybody else is 2 I hve at 1513 Creek I wasn't planmng on speaking 3 building by the hospital at Denton Regional or to stay tn 3 tonight but a lot of my neighbors aren't here toreght 4 the community tho I~oplc of thc practice enjoy not having 4 There are about c~ght houses revolved I believe, and 5 to take the mp across town And it finds a small town 5 three of those people are on vacation so somebody necd~ to 6 appeal which we try to represeot SoI'mv~ffcomfurtablc 6 bchere, Ithmk ItsapretWpicture Oneofmy 7 that we vc gone the ~xtra mile to try to secure a site 7 concerns is ~t sounds like ~t's almost already rezoned bat 8 that would be pleasing to all involved 8 it's still single family 9 MR ENOELBRECHT All right Thank you I 9 And another of my concerns is talking aboul 10 thmkwedohaveaquestlon Mr gashel 10 thct~es It's a b~g thmg m Denton about the trees 11 MR RISHEL Dr Evans, where is your practice 11 now, which I agree with They're gems to leave about 20 12 located now? 12 feet they're talking about~ something like that? And 13 DR EVANS 2ill 2 old North Road and it's the 13 sea a lot of places around town where they've been trx mg 14 comer of Old North Road right across the street from 14 to keep some of the trees and most of those I see around 15 Suburban Propane 15 town don't make a very long maybe a year or two tbcn 16 MR RISHEL YOU're Just up the street a 16 they're dead So dc~s anybody have any ideas on what 17 couple of miles 17 we're going to do about that if that's really gems to 18 DR EVANS Yes sir 18 work? It works ~n themy but is it really going to work 19 MR RISHEL Appreotate ~t Thank you 19 That would be a concern of m~ne if we do rezone R 90 MR ENOELBRECHT okay Thank you very much 20 Another thing I wanted to point out, that 21 Anyone else present who would like to speak in favor of 21 first map y'all showed, I wasn't quite sure how that ~ as 22 this petition? Anyone else present to speak tn favor of 22 working There were some gray areas some brown areas 23 the petition? In that case, anyone present to speak in 23 Is lhat With the response to the certified leaers we got~ 24 opposition to the petition? And ff you would please gtve 24 I wasn't sure what that was 25 us your name and address for thc record 25 MR ENGELBRECH~F We cao put that back up and PLANNING AND ZONING COMMISSION r~r, -~ 12, 2000 Page 117 - Page 120 38 CondenseltTM Page 121 Page 123 I Mr Gray, do you want to put up -- th*re it is I folks around here when I moved it, it was single family 2 MR WRIGHT what do the different colors mean 2 and we we. re under the impression it would bo single family 3 on that? 3 and that's we hope for it to remain that I have 4 MR ENGELBRECHT Thc red indicates 4 nothing against a person doing what they need w~th their 5 opposition 5 property but they have to keep you know, as long as 6 MRWRIGHT okay What are the grays? 6 they stlck wlth what Ws been zoned for Andifthey 7 MR GRAY Grays are people who we have not 7 built houses there what they do with the property as leng 8 heard front yet 8 as it conformed with the neighborhood I couldn't ha',e any 9 MR WRIGHT okay I just wanted to pmnt out 9 say so But I beheve it should remain smgle-famdy I 0 some of these grays the earner right there they moved in 10 MR ENGELBRECHT okay We do hava semi, 11 last week~ They're new homeowners They JUSt ntoved m 11 questions Mr Rlshd 12 In fact, they're still in the process of movmg I don't 12 MR mSHEL Mr Wright, I'm going m give you 13 even know if they know about this I know one of the 13 the same quesaon I gave Mr Moore What would you sec 14 neighbors, these folks right here left a note on then' 14 this -- you mentioned single-family is there any other 15 door but they went on vacation the day after we got notice 15 alternative that you would see as th~s being a viable s~te 16 on this $o I doo't know if they're really aware of this 16 for? 17 This property here, he's been on vacation 17 MI/ WRIGHT well you know l've thought 18 since before this started So I don't know if he's really 18 about that and there's not many options besides 19 aware of this Sothey'reoutoftown Idon'tknow 19 smgle-famflyorsomethmgelse Youknow, the only good 20 about thee folks here I'm not sure what these p~opl© 20 thing that I could see for it Denton s really big into 21 really feel on this so I don't koow if they really got 21 preserving its heritage, I doo't koow ff there would he 22 good notice on that, oven if these people oven received 22 any grant money avadable maybe from the State to purchase 23 their certified 23 that property and keep it as a natural area It's one of 24 MR ENGELBRF. CHT l want to point out to you 24 the very few natural areas still In Denton, especmlly on 25 or Mx Remhhart can that we have a law that we have to go 25 a major thoroughfare m Denton We re trying to promote Page 122 Page 124 I by the tax rolls That's who they have to mall It ~ ! ourselves with OU~ herlta~ really big ~n Denton I think 2 And if it's changed owners, they may not get ~t But that 2 that's important 3 doesn't stop you from seeing that they get a copy of the 3 Again, it's a noble thing to try to preserve 4 notice, the neighbors, and this will still have to go to 4 the trees But you know, I feel maybe within five years 5 C~ty Council and you still have an opportunity to submit 5 that 20 feet of trees they're trying to save will be 6 those letters between now and the time it would go to City 6 replaced by yewpoo hollies They always replace dead 7 Couned no matter which way it goes here 7 Denton ha:es with unnative trees 8 MR WRIGHT Ijust wanted to make it obvious 8 MR RISHEL Have you had a chance to meet Dr 9 that maybe not everybody -- tl~s may not be a txue way 9 Evans? l0 that overybody feels ln that area that some of these l0 MR WRIGHT No, Ihavenot I couldn't make I l people may not even be aware of it yet l I ale meeting the other night We had a family crisis so I 12 MR ENG[gLBRECHT mght, and we recogntz0 that 12 couldn't make it 13 that's always the case and sometimes the oolghbora have to 13 MR RISHEL [ mean he doesnt seem to me to 14 help each other out nt terms of notification But please 14 be the big developer type of person that's out to strip 15 feel free to do that You certainly have a right to do 15 the land and whatever else 16 that and you can get copies of thc letters from staff or 16 MR WRIGHT NO, I agree 17 you can provide staff wth cunent names and addresses so 17 MR RISHeI~ If we were to develop that piece 18 they could mail to them, et cetera Any other comment? 18 of property, as ! look at ~t as SF 7 2 point something 19 MR WRIGHT well, I just that was one of 19 acres, that you could probably put on there six to seven 20 my big concerns Another concern is still, keep in mind 20 maybe eight houses We'd probably require them to have 30 21 this is still smgle-fanuly That's zoned single-family 21 or 40 trees on those lots at that point m tune I'm 22 When I ntoved In that house almost 15 },~ars ago to the day, 22 thinking we're probably saving 200 or 300 re:es with the 23 n was single-family then We've fought several battles 23 development as it's le~d out right now Obviously the 24 one other baltic that I remember of for that properly, 24 neighborhood and the character of the neighborhood has 25 a couple for this property also ~rylng to rezooo tt Most 25 changed because of the wldeomg of the street and the PLANNING AND ZONING COMMISSION nr~ v 12, 2000 Page 121 - Page 124 39. Condena¢ItTM Page 125 Page 127 1 development that's occurred in that area This is a I MR MCCARTY well, In the rebutlai my mare 2 rather old zoning if I'm not rmstaken 2 thing would be that I understand that the neighbors I can 3 And, obviously, tl~ development and the 3 understand how they've lived them for years and th~s ~s 4 opportunity for commercial type development is certmnly 4 an area that's wooded and treed and they could want to 5 something that's logical along Umvm'slty and I think that 5 keep the trees We've looked at this site for quite some 6 they're t~lng to do something that probably preserves a 6 time through the time of the moratorium with thc City and 7 lot more things and probably limits the amount of curb 7 such as that and g~ven it a lot of thought and felt hke 8 cuts on that street, also And so In a lot of respects I 8 that we could do this m a means that would save thc most 9 see that as a good tbang but I am very much concerned 9 the largest number of trees that could possibly by 10 about the: neighborhood and the complexion of the 10 possible to develop this lot Put an office in that would 11 neighborhood and how we go about mitigating the additional 11 be minimal disroptivc And Dr Evans I know, I bufll h~s 12 building on here as much as possible but still find ways 12 office that he's m now and his house I've never Seth 13 of developing thmge and making good things happen in our 13 anybody that maintenance is just a major Issue to 14 conununity So I appreciate your concern 14 Nothing ever gets left aside I know that he would take 15 MR WRK}HT well, I agree with that, too, but 15 care of this facthty to the maximum that it could bc and 16 I still am adamant that ~t is single-family and it is a 16 I know that he would be a good neighbor 17 pretty picture and I'm sure the doctor has good 17 I also feel that tlns site is so heavily 18 intentions But if the owners of the property did put 18 wooded now and dense in underbrush w~th the problems 19 single famdy on there, that's their right That's what 19 we re having In Denton County with rubies and othec 20 it s zoned 20 issues, that this s~te needs to be cleaned up and done 21 MR ENOELBRECHT AIly other questions for Mr 21 something with m my opinion If I lived right next to 22 Wright? Thank you 22 it, I would want the undergrowth and such to be cleaned up 23 MR WRICiHT Thank you 23 some and I really feel hke we are offering a viable and a 24 MR ENCiELBRECHT Is there auyone else pzesent 24 positive product to the comnmmty here 25 who would like to speak In opposition to this petition? 25 MR eSOELttRnC~W okay I think we have some Page 126 Page 128 1 Anyone else present to speak in opposition to tho 1 questions Mr McN¢fll 2 petition? Seeing no additional opposition, we do have an 2 MR MCNEILL I m not sure the question Is for 3 opportomtyfurrebutml Idon'tknowwhlchofyouwants 3 h~mor for legal but if the site lftheofflce~sclosed 4 to -- y'all want to huddle and declda who's going to do 4 if the hours of operation are 8 00 to 6 00, if you close 5 the rebuttal9 5 and they're still m there, you've met the let~r of the 6 MR MCC,S, RTY what I wanted to get to before 6 law have you not9 If a patxent is there and the off,ce 7 the rebutkal Dr Evans and I were sitting there vismng 7 door is closed the facility is closed Is ~t not? 8 and I was asking h~m about the hour issue that you had 8 MR S~YD~, well, I mean It's open to 9 brought ~lp yourself 8 00 to 6 00 Is the hours that he 9 interpretation As a practical matter, if you had one 10 tries to get out of the office and ~ don't ever I 0 pauent there after 6 00 o'clock at night, basically one 11 schedule,any patients la~er than that, but we were.lUSt 11 or two cars in the parking lot, from an enforcement 12 dlscusslr~g the fact that he and I both always try to go by 12 standpoint I don't think it would become an Issue But I 13 the letter of the law and stay with the statutes and such 13 can't g~ve you a hard and fast yes or no on that I mean 14 and 1 was just asking him Once in a blue moon, a patient 14 you could look at ~t e~ther way 15 does - they do run over If sometlung can happen in a 15 MR MCNEILL ~ecause even if you're extending 16 medical office, you get a patient that has a problem and 16 the hours to 8 00 then you have the same question don t 17 he spends extra nme with, and wondering if maybe we might 17 you? If there's a patient still there at 8 00 18 need to ask those hours to go 8 00 to 8 00 to make sure 18 ~R RISaeL of course If you didn't charge 19 that we don't make a bad neighborhood representation if, 19 them, that would be okay 20 by chance, he runs over with a pataent and doesn't get out 20 MR ENOELBRECHT With that, Mr Re~chhart do 21 of there until 6 30 or 7 00 or however it may be so that 21 you want to throw out a couunent here in which we can let 22 if this does pass and go through~ we don't make bad 22 Mr Snyder comment? 23 representations of ourselves to the neighbors 23 MR REICHHART YOU can revise that to say no 24 Ma ENGELBRECHT ^11 right Do you have any 24 patients accepted prior to 8 00 a m or after 6 00 p m 25 comments vath regard to any of the rebuttal? 25 That allows the office staff to get there early to open up PLANNING,AND ZONING COMMISSION Jlrl ¥ 12, 2000 Page 125 - Page 128 40. CondonseltTM Page 129 Page 13 ! I and stay late to close up I threct any drmnage towards 380 as was suggested earh~r 2 MR MCNEILL Good Good move 2 MR MCCAll'D/ There's not really a way to 3 MR ENGELBRECHT And, M_r Snyder, will 3 correct the drainage, well, o~' course towards 380 but iht, 4 that -- 4 drainage that's mnnmg all the way to the east now that 5 MR ~NYDER That would satisfy 5 is running across this one parcel of property we can 6 MR ENGELBRECHT okay All nghr And we 6 redirect it back to -- the majority of the drainage comt.s 7 have sot'ne other questions Dtd you have anythmg else, 7 to that southeast corner now There is some that run~ 8 Mr McNetll9 Okay Mr Mol'eno 8 across the eastern property that we will correct and bring 9 MR MORENO Yes, sir You're going to have a 9 back down to that corner 10 wooden fence along the southern boundsw of this entire 10 Ma MORENO one other quest~oo You've got 11 property, is that correct'~ 11 on your survey map here, you ve got an eqmlateral 12 MR MCCARTY Yes, sir And our intent ts to 12 triangle that kind of reminds me of some of my jumor high 13 -- well, I can't -- let me go back to the smaller one -- 13 geometry or something llke that What does that thing 14 to put the mx-foot wooden fence all the way along the 14 mean? V~qat does that mean? Does that mean we'n. going to 15 eastern boundary and the southern boundary Yes, to 15 get the water out of there? 16 answer your question, our intent ts to run the slx-foot 16 MR EDWnaDS nesically, that's a method of 17 wood fence all the way along ttus southern boundary and 17 calculating the apprex~mate volmne that we're going to 18 the eastern boundary 18 need to store on the s~te to make sure that we're not 19 MR MORENO okay And you've got a detention 19 releasing any more runoff from the sl~ than we do at th~. 20 area along the southeast corner of your property How are 20 present tame Frem a drainage standpoint, those trlat~gles 21 you going to get the water through that fence, if I can 21 would be hydrographs One would be the ~nflow hydrog~ apb 22 ask a dtunb questton? 22 to the pond One would be the outflow hydrograph And 23 MR MCCA~TY well, wxth the detention area, 23 has~cally, the shaded area represents the volume of 24 as you are well aware of, the detention area would be a 24 storage that we've estimated we need to do that and we 25 depresston tn the ground whether it be a foot or two-foot 25 will do a httle bu more soph:stacated calculataon when Page 130 Page 132 I deep and it would have a head wall that would be sized as, I we do the final design 2 sized by our engineer for the proper amount of drainage 2 MS MOP. ENO All right sir Thank you 3 flow So our fence, in that area where we go through, our 3 Ma ENGELBRECHT L~t me JUSt interrupt with 4 fence would be mounted on top of our retammg wall or 4 one comment I apologize to y'all ~n the audience can t 5 head wall so that it would stall g~ve a buffer to make 5 see it on the screen but we have lost our total broadcast 6 sure -- I have a conc~n there, not just as ~ng a good 6 system I've been ~ld So we don't have that screen and 7 neighbor, but with that grade transition there being four 7 we don't have our TV broadcast e~ther They're working oo 8 and a half to five feet, I feel that we nerxi that feoce 8 it I can tell you from my screen The rest ofthe 9 for safe~ to makc sure no kids jump off ~ and get 9 Comm~ssioners have thc overhead but I don't have ~t 10 hurt So the feoec would run along the top of a concrete 10 either But ~t's out of focus so please bear wlth us I I 1 wall so that v,~ could maintain thc f~ncc and thc water 11 know that audio/video is working on it Did wc hav~ 12 would bc metered from thc head wall structure below it 12 and if you have a question please misc your hand bccaus~ 13 MS MOaEN'O SO you're going to direct thc 13 I havc nothing I have no screen left Were them othc~ 14 water onto Boyd Street, basically? 14 questmns? No other questions Okay I think that's it 15 MR MCCARTY That's curreCt and that's, more 15 Thank you That concludes the rebuttal period The 16 or less, thc natural flow that's there now 16 public hearing is closed Mr Gray final staff re, harks ! 7 [MR Meal!NO TlR3 natural flow When 380 :s 17 MR OKAY Thank you Staff thd have some 18 expanded, do you know If any storm sewers are gmng to be 18 final comments We looked very carefully at th~s zoning 19 put under? 19 case as we always do with cases where the apphcat:oo 20 MR MCCAP, TY ! can't answer that 20 basically to up zone from residential to a nonresldeat~al 21 MR MORaNO under that area 21 use The Denton Plan puts this area as an existing 22 MR MCCARTY ~fha way Our grade changes, our 22 neighborhood s lnfill compatabthty area So, obviously 23 elevation sits right now, University Drive is higher than 23 the first thing we ask is is tins proposed devclopmeat or 24 the property 24 proposed rezoomg compatible w~th the surrounding 25 Ma MOR£NO SO there's really no way to 25 neighborhood And in this neighborhood, really I think PLANNING;AND ZONING COMiVIISSION nnt v ~2, 2000 Page 129 - Page 132 41. CondenseltTM Page 133 Page 135 I it was anything other than a professional office, we might I second that 2 be a blt more hesltaUt If it was retail, if It was a 2 MR WILLIAMS [ have a friendly amendment Io 3 restaurant, w~ think that the Impact them would be a lot 3 the motion 4 more would b¢ more considerable than a professional 4 MR ENOELBRECHT Mr Williams 5 office su~h tis this 5 MR WILLIAMS [ would hkc to sec thc hours 6 However, given the size and shape of th~ lot, 6 cxtended from 8 00 a m to 8 00 p m 7 as wcll ag ItS frontng~ on Umvers~ty, we really fred u 7 MU MCNEILL I accept that 8 unlikely that them will ever be a market for 8 MR RISHEL I d accept that, also I have a 9 single-family homes on this site And the quest:on 9 couple of questions 10 becomes thee would a professional office be a suitable uso 10 MR ENGELBRECHT NOW We did have -- ff I 11 that would be compatible w~th the ne~ghborhaed We feel 11 m~ght just inter.~ect a question hem to legal with regard 12 that g is Fllst of all, In accordance with the interim 12 to that since we're on th~s hours of operation Mr 13 development regulauens, buffess have been created The 13 Re~clthart had suggested tile ~ssae of pat~eets between the 14 appheant IS proposing n masonry exterior Other 14 hours of 8 00 a m to 6 00 p m If we just say hours of 15 compatibility measures such as building height, bmldmg 15 eperatmn 8 00 a m to 8 00 p m, dcea the applicant 16 size, archltaCture, we were speaking about the roof hoe, 16 thereby have a problem with staying after hours in tcnns 17 landscaping, that will also be looked at during the 17 of really meeting the letter of tl~ law? 18 project plan phase because them will be a second phase of 18 MR SX~YDER I think we had that d~scusslon 19 zoning that occurs before this development is approved 19 carhcr Yeah them would be a problem of Interpretation 20 And also in hoe with ~ Comprehensive Plan, we like the 20 there I think the suggestion by Mr Reichhart was that 21 idea of a nolghberhood general practltaoner's doctor's 21 it be phrased that pataeets will not be accepted before 22 offlcethat would serve, not just this neighborhood, but 22 800am or after 600pm,lnth~s case after 800 23 also tins nenghborhood and tho surrounding ama, and 23 p m 24 perhaps it would cut down on some traffic that might 24 MR RISHEL can you Just say regular buslnes~ >5 otherwise go all the way down to Denton Regional Medical 25 hours Dr Ex ans may come in at 10 00 o'clock at mght to Page 134 Page 136 1 Center or over to the hospital on Bonnie Brae I service somebody that has an emergency I don't know but 2 And that is why the rationale behind staff's 2 I'm sure he would 3 recommendation of approval m this case Additional 3 MR WILLIAMS I would like for my amendment 4 issues such as the hmltation of hours of operation, that 4 to stay on ~ts merits And basically, I hvc in thc area 5 was also designed to try to make this as compatible with 5 of where Dr Evans is now That has not bothered they 6 the neighborhood as possible so as not to be open all 6 have been good neighbors and, basically, a beeefit of the 7 night And I will be happy to answer any questions 7 doubt If one of his patients calls and says I cannot get 8 MR ENGELBRECHT okay Thank you Mr 8 off work Ive used up all my sick tame I need to come 9 McNetll 9 in at 7 00 o'clock Give h~m that option to do business 10 MR MCNEILL I'm ready to make a motion 10 like we let anybody else do business 11 whenever we're ready 11 MR ENOELBRECHT NO, IlO Tho question thc 12 MR ENOELBRECHT okay Mr Pdshel 12 reason I bring this up is there's a question about thc 13 MR RISHEL Thai'sane Let him make a 13 legahtyofhlsstaffarrivmgpnortoS00am wlththe 14 motion I'd hke to bring up something tn discussion 14 current wording 15 That's fine I5 MR MCNEILL I d hkc to amend my motion so 16 MR ENGELBRECHT All right 16 that it state~ that the hours of operation shall be such 17 MR MCNEILL I recommend approval of -- move 17 that paueets will not be admitted prier to 8 00 a m nor 18 to recommend approval of ZP 00 007 with the following 18 after 8 00 p m 19 conditions lighting on the property should be designed 19 Ma '~:* ILLIAMS l can hve with that 2O and maintained so as not to shine or otherwise disturb the 20 MR ENOELBRECHT That was Mr Re~chhart's 21 surrounding residential property or to shine and project 21 recommendataon and that's what Mr Snyder would the 22 upward to prevent the diffusion rote the night sky, hours 22 second? 23 of office operation shall be hmlte, x:i to between 8 00 a m 23 MP, RISHEL l accept that as a second 24 and 6 00 p m 24 MR ENOELBRECHT okay All right Now then 25 MR RISHEL It would be my pnmlege to 25 Mr Rlshel PLANNING AND ZONING COMMISSION JIILY 12, 2000 Page 133 - Page 13~ 42 CondonsoltTM Page 137 Page 139 I MRRtaHI~L twouldhkeforoneofourstaff I wanttodo And that s why we're here to try to brmg thc 2 people maybe Jer~ would do that for us, to address once 2 best product that we possibly can The property thai I m 3 again the sitoataon of drainage for Mr Moore and for Mr 3 speaking of was zoned single thmdy and we got ofl~c~.s 4 Wright So they understand a httle bit better, I think as 4 We were told that no one would ever llve on a busy rnqd 5 opposed to henrmg it from the petanoner what our 5 that homes were not acceptable and that we should take 6 drainage standards are and what we try to do within our 6 the offices because that would be the best choice Aid 7 community when it comes to new developments like tl~s 7 got offices but we had to ask for a lot of condit~ons on 8 because I want there to understand we're going to try to do 8 9 everything we can that we're not dumping additional water 9 But this is what I m saying ~s I grow weary 10 in their neighborhood 10 the argmnent that I keep heermg over and over again m 11 MR CLARK okay The way it's designed it's 11 these chambers is that u can't bo smgla-famlly on a busy 12 designed specifically to hold the water all the way, I 12 road Because what happens is it leeds to an offic~ and 13 guess from a two-yenr to a 100 year Is that how you 13 now what we've seen ts that it leeds to something mor~ 14 design it? Which I haven't seen m the last 25 years a 14 lodging with a restaurant and a hquor license So n can 15 storm any bigger than a ten-yeer so that's a pretty wide 15 get worse if we're not careful and if we don't zone 16 range And what it wdl do ~t will hold it in that 16 properly we don't ir. ally make good arguments It wdl 17 southeest{ma corner and let it out at existing rates 17 get worse And I hope that we understand when we say 18 And you know, I don't think you can say exactly how it's 18 things that it can't be single family that it can only be 19 going to come out yet because tbe plans aren't done, but 19 offices and all of a sudden we're told that no longer cai 20 obvious{y, detent:on :s more effective when it's done 20 it be offices, it can be something more We keep changing 21 regionally in larger ponds than th~s, but this is a 21 the plan as we go And I feel sorry for you because yonr 22 retrofit and so you have to look at alternative methods 22 environment is going to change And I'm going to vote lo~ 23 MRRISHEL aut the piece of prnp~'ty is 23 th~sbutlvebcentho'e I know the heartache and all I 24 required to hold tha~r own water that drains from that 24 can ~11 you ~s ~t's prevmhng thought that th~ landown~l 25 area 25 has thc right to do ~t Page 138 Page 140 I MRCLARK Yes If they can't get it mto a I And l hope that Dr Evans Imenn, I 2 storm semer then they're required to hold it m a 2 apprecmte that they're going to save that whole corner 3 detentlon pond and make their outflow no greater than what 3 At least there will be a little blt of land there and the3 4 it is now 4 are trying to put i~ees in and I hope they will stand up 5 MR R[SHI~L And I wanted the neighbors to 5 to their words And I think they will So have froth 6 hear that And I strongly hope that Dr Evans and his 6 there They can't put any more water on the property 7 toam of people wdl work to leern more about thc noghbnrs 7 That's agamst the roles So you have outlets If there 8 that are concerned about things Obviously, tl~s is going 8 ~s too much drainage, then you can come forward and say 9 to come before us again in some form or fashion, as well 9 that the property isn't draining properly and we can fix 10 as City Council and so the more you can get some 10 u for you But I just want to say that my henri goes out 11 communicat~on going and exactly what you're going to try 11 to you and u's development and it's growth and know that 12 to do tolbrmg forth the beat product we possthly can, I m 12 this might be just the best thing right now 13 sure ~t will be greatly appreciated It's the unknown 13 MR ENOELBRECHT MS Apple 14 that neighbors have that makes them a little skithsh about 14 MS APPLE I m generally in favor of th~s 15 the dir~tton And hawng seen some builders that aren't 15 project I think that the ~dee of a ne~ghburhoed 16 always as forthright as they need to be that it's always 16 physician is kind of what we're looking towards I think 17 a concern to them So I apprecmt~ their concerns 17 that the plan looks men My biggest concern, I don 18 MR ENOELBRECHT MS Oourthe 18 think single family ~s very practical on University Dr:x e 19 MS OOURDtt~ Thank you I have to say to 19 especially after it's widened I don't even -- I can t 20 your folks, deja vu for when: I live I hack up to a 20 even imagine that And ! also think for the neighbors 21 piece of propea'ty that was completely wooded and I would 21 that are concerned about the natural area, that a lot mor~ 22 like to be like Mr Mom'o, I would have llke to have seen 22 damage would be done w~th singlc-fanuly homes than w~th 23 it stay wooded But there's providing thoughts that the 23 this building 24 property owner has rights And it's not about 24 My only reservation is with the tr~s and 25 esthetics It's not about anything It's about what they 25 maintaining some sort of a buffer between the residences PLANNING AND ZONING COMMISSION on' v 12, 2000 Page 137 - Page 140 43. Conde, nsoItTM Page 141 Page 143 I and this And my concocn IS the m:mmmn 20-foot buffer 1 MR ENOELBRECHT [ thlok It s also -- thc 2 for the lore'er trees that are back m that area If thc 2 wording may not be qmte right for this but this sull hah 3 canopy :S large and they go with the 20-foot buffer, a lot 3 to go to Council and ff the petitioner has a probl~n ~ nh 4 of those trees probably won't make it, a lot of tho larger 4 that, I behove that can all be worked out ~f we have 5 trees A0d I'm woodenng if tbere's any kind of 5 something generally that we want to state Did you ~ ~tlt 6 compromise or any kind of suggestion that anyone rmght 6 to offer a friendly amendment? 7 have for tho border whnre those larg~ trees are 7 MS ^PPLE I d hke to offer that as a 8 Ma OKAY Tho only thing I could say about 8 friendly amendment 9 that at this point is that as part of the requlnanents for 9 MR MCNEILL I guess my question would do 10 our project plan, a tn~ Inventory and some landscape 10 you have a question? You're ahead of me, I think 11 reformation wdl bn requn'ed Nons Munc:¢, the City's 11 MR WILL[AMS NO no 12 landscape coordinator will look at that and will try to 12 MR ENOELBRECHT well, given this :s an 13 address those concerns at that time Saving as many trees 13 amendment I think - 14 as possible :s increasingly a concern of oars and that :s 14 MR WILLIAMS l d be out of order to sa~ 15 something that we w~ll look at at the project plan phase 15 anything with an amendment on the floor 16 MR REtCHHART Add:tiooally :t depends on 16 MR MCNEILL [gUeSS my question Is :sa t 17 what the Intent of this Commission would be, whether :t is 17 that amendment more appropriate when they come back wah 18 to get a 20-foot buffer area whore :f there are large 18 the plat rather than at the time because all we're talking 19 trees and tho canopy -- and they're post oaks or something 19 about now ~s rezonmg And I'm quest:earnS wbether or not 20 hke that and the canopy extends over where tho parking 20 we want to put that condition on her~ at tins point in thc 21 lot area would be If the root system :s damaged, there :s 21 process 22 a very good chance that the tree wlll at least dechne m 22 MR ENGELBRECHT If we don't put it on no~ I 23 health over the years If the ~ntent :s to save a certain 23 don't behave we can put ~t on 24 percentage of trees over thix~ mchas or what,war magical 24 MR MCNE[LL IS that correct'~ 25 number, that a conch:ion could be put on that trna 25 ME SNYDER Ve.~ a needs to go on now ~t Page 142 Page 144 I within, y0u would only have to go probably 15-foot of the I you want to put u on 2 property hn¢, greater than slx roches in dmmeter be 2 MR MCNEILL okay Then I'd hkc to hear 3 saved, hke 50 percent of them or 100 percent of them, or 3 from the owner but I don't have a problem with ~t :f 4 whatever And that would require the apphcant to find 4 that's 5 out whcr~ the dr:p hne ls and that's the cr:tical area 5 MRWILL[AMS Apomtofordor Iftheowner 6 not Just 20 feet 6 :s gems to run the Commission, we m~ght as well go lo th~ 7 MS APPLE And that's my concern 7 house 8 MR ENGELBRECHT Did you want to ask staff :f 8 MR ENOELBRECHT NO, no we haven't heard 9 they had a feces:mends:too for wording for a cond:taon? 9 anything from them Okay What I want to know ~, that 10 MS APPLE For a condmon to add :f:t would 10 accepted? 11 be acceptabln to the Commissioners that made tho motion 11 MR MCNEILL Yeah 12 MR ENOELBRECHT DO¢S staff have some sort of 12 MR ENGELBRECHT Mr Rlshel 13 a recommended wording? 13 MR R[SHEL Yes plensn That's accepted 14 MR REICHHART I would think that ~t would be 14 My question would be then about th~ fence I heard 15 something to the extent that 50 percent of tho trees 15 talk about a fence and being slx-foot high and v, ould that 16 wtthin I ~ foot of the residentially zoned property greater 16 be on metal posts and I'm wondenng whether that ,,~ auld be 17 than four mehe~ shall be saved And that puts the onus 17 appropriate or not 18 back on the apphcant to figure out how to do that I 18 MR ENOELBRECHT well, could we get to that 19 mean tf that's the intent And I decreased :t to 15 foot 19 one m a moment7 If you do accept ~t -- the second 20 mstend of 20 because :f the foot of the tree la within 20 Okay All right So we have this as also a coocht~on 21 that 15 foot, you're going to have to go beyond that :n 21 with regard to tho buffcryard? 22 order to save :t Or maybe it's 10-foot because that's 22 Mr< OKAY staff just has a point, a qtuck 23 tbetyp:calbuffer If we go to ten foot save:ho:tees 23 pein:of clarification D:dwewantalS-footmqu:rement 24 within that ama Wa might end up w~th a 20 foot buffer 24 or a ten-foot requirement? 25 I don't kllow 25 MR ENOELBRECHT MS Apple ~LANNINO 'AND ZONING COMMISSION IIILY 12, 2000 Page 141 - Page 144 44 CondensoltTM Page 145! Page 147 I M~ APPLE I would go with staff's i want to offer a friendly amendment with regard to 2 recommendation 2 headhghts shining on res~denual property? 3 MR ENGELBRECHT Was that 12 feet? 3 MR MORENO Ye~, ! svould hke to offer a 4 MR MCNEILL IS this let's make a deal 4 friendly amendment that automobile lighting should not 5 Staff said ten and I will accept staff's ten 5 disturb the surrounding residential property 6 MR REICHHART I said both 6 MR MCNEiLL I accept that 7 MR MCNEILL well, I'll accept your ten 7 MR ENOELBRECffF Mr Rishel okay And wc 8 MR ENGELBRECHT All right And that's 8 have okay, so we have one more condition with regard to 9 accepted And that's assuming that that's taking into 9 automobile lighting Okay Mr Williams 10 account a drip line for large trees so that they'll 10 Ma WILLIAMS [ 11 be voting for this motion 11 ultimately be 20 with that tn mind Okay And then we 11 And I would like to talk to my neighbors because I hve m 12 have Mr Moreno 12 tlus neighborhood, also And I was totally opposed to the 13 MR MORENO SUSt a question of staff or 13 doctor's office on Old North And since they've been 14 somebody, with the hours of operation going to 8 00 p m, 14 there, they've been good neighbors I forgot they wer~ 15 I'm ass,ammg that the bufferyard and the fencing would 15 there And probably fl~e summers ago my dog got s~ck and 16 prevent any automobile headlights from shmmg mto the 16 my car was in the shop and I had the pnvdog~ to walk to 17 neighborhood I'm not real famihar wtth the topography 17 avetennanan And my dog wasn t saved but tt was a joy 18 ts the mason I'm asking that 18 to be able to not be stranded when you have someone that 19 MR GRAY Right I'm not very famxhar with 19 you care about that's SI And I tlunk that the biggest 20 the topography, as well ! think that ~t's apparent from 20 problem that we have Is fear And one of my neighbors 21 the drmnage map that's on the lower comer of your 21 told me, what do you want a section eight apartment and 22 full-size plan, that the property does slope dews towards 22 basically that's the only ~ lable thing that could go there 23 the neighborhood However, I don't know if the slope ts 23 ~s mult~ family and I think you're getting ~ best of 24 steep enough such that the headhghts would not be 24 both worlds because Dr E~ ans I thdn't know he was there 25 screened by a six-foot high wall, as well as trees 25 but he has proved himself to be a good neighbor on Old Page 146 Page 148 MS MOaENO okay Thank you i North and I don't think he's going to change when he 2 MR ENOELBRECHT Yeah, Mr Rcichhart, do you 2 moves 3 want to make a it's been pointed out that we could make 3 MR ENGELBRECHT Mr McNetll, did you have 4 a condmon that automobile headlights bc screened from 4 anothar9 $ res~dent~al property just as we have sald we have made the 5 MR MCNEILL NO 6 hghtmg condition on the Interior lights 6 MR ENGELBRECHT Okay Mr Rlshel 7 MR MCNEILL DOes that hghtmg on the 7 MR RISHEL I m concerned about the fence and 8 property, and that's whether it's mobile or fixed7 That 8 that we have something for the neighbors that's long ten'n 9 condition says shall not shine or otherwise disturb 9 for them And I want to make sure that the fence, 10 surrounding resident:al neighbors It seems to mc that 10 although I heard them say it was a wooden fence, that the 11 covers that It doesn't say fixed It says hghtmg 11 posts would be somettung more substantial 12 MR ENOELBRECHT I don't know that I know 12 MR ENGELBRECHT DO you want to offer an 13 -- I don't tl~nk we've ~ver considered that as 13 mnendment to add steel posts9 14 headhghtmg but I'm not sun: we haven't either That's a 14 MR RISHEL The Bob Powell amendment 15 good so, staff, do we need a special one for headlights 15 MR ENGELBRECHT I like that amendment 16 to be sm7 16 Personally, I think that's -- 17 MR RIEtCIiHART l would think we would 17 MR RISHEL And then we'll go onto the crepe 18 MR ~:N~ELBRECHT if they want it 18 myrtle amenchnent 19 Ma SNYDER Yeah because this says shine up 19 MR ENGELBRECHT That's right That's mine 20 in the night sky rathar than -- 20 MR RI~HEL Yeah, I would if Mr McNedl 21 MR MCNEILL Or disturb surrounding 21 would agree to that 22 res~deatial properties 22 MR MCNEILL I d agree to that 23 MR SNYDER Yeah, I mean, it could be 23 MR RISHEL I d like to have something 24 construed that way 24 substantial that's long-torm for the posting of the fence 25 MR ENOELBRECHT Then, Mr Moreno, do you 25 MR ENGELBRECHT obviously, If you've offered PLANNING AND ZONING COMMISSION Il[Il Y 12, 2000 Page 145 - Page 148 45. CondcnscltTM Page 149 Page 151 1 it, you will second it I MR ENGELBRECHT okay 2 MR RISHEL SO as the fence would go up that 2 MS APPLE commissioner McNefll, for 3 the post that support the fence would be at least metal 3 clarification, could you restate that entire motion, 4 posts or masonry 4 please9 5 MR MCNEILL Yes I was going to say I 5 MR ENGELBRECHT That's why we have staff 6 wouldn't want to restrict them to metal as long as tt was 6 right'~ We have a motion with a number of condmons 7 something substantial That's fine 7 MR GRAY I have them all here if you want me 8 MR RI~HEL And I would second 8 to go through them ~gam 9 MR ENCIELBRECHT 1 have a question of staff 9 MR ENGELBRECHT Yes, Ile you would briefly 10 The petitioner indicated the structure was to be tn the 10 quickly 11 range of 8,000 square feet and you had f~gnred the traffic 11 MR GRAY Okay The conditions that wu hat 12 analysts at 10,000 square feet, but we do not have a 12 so far are our standard hghimg condition Lighting on 13 condition that is condttiomng that 13 the property shall be designed and maintained so as not 14 MR GRAY The size of the -- a condition 14 shine on or otherwise disturb surrounding residential 15 that's hmttmg the size of the structure9 15 property or to shine and project upwards to prevent th~ 16 MR ENOELBRECHT Right 16 diffusion into the night sky Patients will only bc ~n 17 MR GRAY Right We had debated that I 17 betweeng00am and800pm 18 thmk staff's philosophy ts that's something that would be 18 mg SSYDEg That's not right It's patients 19 more appropriate to be considered m the project plan, 19 -- the hours of operations shall be such that patients 20 although you're certainly welcome to add it as a condition 20 will not be admitted before 8 00 a m or after 8 00 p m 21 hem 21 MR GRAY Allnght Thank you for the 22 MR REICHHART The other tlung, given the 22 correction 50 percent of trees within ten percent ol the 23 configtlratlon of the site, the requirements for parking, 23 residential property surrounding the site -- 24 open space, setbacks, buffering, and such will hmtt the 24 MR ENGELBRECHT Ten feet 25 size of the building that can be built on that site 25 MR GRAY Ten feet 'What did I say9 SorD Page 150 Page 152 I MR ENOELBRI~CHT what about the number of I I can't even read my own handwriting Crreater than four 2 stories? Could this be a two-story instead of one without 2 roches in cahper shall be preserved Automobile 3 a condaien'~ 3 headhghtmg will be screened so as not to shine into 4 Ma RetCHing, aT well, the applicant presented 4 surrounding res~dentml areas The main structure of the 5 aone-storybmlthng We can certamly make that a 5 property shall be hmited to l0 000 square f~et Thc 6 condition of approval 6 parapet upon the mare structure will be extended around 7 MR ENGI~LBRECHT And the other question along 7 the enure bmldmg The mare stxucture shall be hm~ted 8 with that has to do with the issue of the - I Il find it 8 to one story And steel or masonry posts will support the 9 m a moment I have so many -- the parapet The 9 fence surrounding the sae 10 petmoner had indicated that they would put the parapet I 0 MR MCNE[LL sounds good to me 11 at 380 degrees so that in essence all the way around 11 Ma atSHEL That's seconded 12 so that you would not be able to see the structoms, 12 MR ENOELBRECHT okay We now have a motion 13 anythmg that was en the roof So l would senply offer as 13 wlthcondaionsandasecond D~scussiononthemot~on'~ 14 a friendly amendment that the stmetore be no greater than 14 MR ~nC~Ett. L call for the question 15 10 000 square feet, single-story, and that the parapet be 15 Ma ENOELBRECHT tn that case, vote, please 16 all thc way around the facthty 16 All in favor of the motion please raise your right hand 17 MR MC'NEILL TlUslsaplottodestreymy 17 Mot~oncarnesunannnously Thankyou 18 motion I can tell I accept 18 Ma o~V Thank you 20 come along gwen that l was wntmg all of theae th~ngs i Commissmners a's930 Doyou.~ 21 down that were said as we went along and it never made it 21 break? Oka~e need 22 Okay Was that accepted? 22 rmnutes 23 MR RISHEL t welcome the opportumty of oar 23 (~l.a~-tts~ . ~ .. 24 fellow Conumssioners to lsT to develop the very best Piece ~~~ t~o~n~: 25 of property we possibly can and I would accept that PLANNTtqO AND ZONING COMMISSION JULY 12, 2000 Page 149 - Page 152 46. ATTACHMENT 4 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM ONE-FAMILY DWELLING (SF-7) ZONiNG DISTRICT CLASSIFICATION AND USE DESIGNATION TO OFFICE WITH CONDITIONS (O[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 2 4 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF EAST UNIVERSITY DRIVE APPROXIMATELY 250 FEET WEST OF ITS INTERSECTION WITH REDWOOD DRIVE, PROVIDING FOR THE APPROVAL OF A ZONING PLAN FOR THE DISTRICT, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (ZP-00-007) WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-069 which established certain nonremdent~al interim regulations (the "Nonresidential Interim Regulations"), WHEREAS, the NonresldenUal Interim Regulatmns established, among other things, a Zoning Plan requirement in the event of a request to rezone property, and WHEREAS, Robie McCarty, on behalf of Dr Stanley Evans, has applied for a change in zoning for 2 4 acres of land located on the south s~de of East University Drive approximately 250 feet west of ~ts intersection with Redwood Drive, from One-Family Dwelhng (SF-7) zoning dmtnct classlficaUon and land use designation to Office Conditioned (O[c]) zoning chsmct classification and use deslgaat~on to allow the construction of a doctor's office and has submitted for approval a Zoning Plan for this property under the Nonresidential Interim Regulations, a copy of winch is attached hereto as Exinblt "B", and WHEREAS, on July 12, 2000, the Planning and Zoning Comnnsslon recommended approval of the requested change in zoning and the submitted Zomng Plan, and WHEREAS, the C~ty Council finds that the Zoning Plan, with the conrhtmns nuposed herein, meets the reqmrements of the Nonresldantual Interim Regulations and m consistent with the approved 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zomng district classfficaUon and use designation of the 2 47 acre property described m the legal descnpUon attached hereto and incorporated herein as Exinblt A is changed from One Family Dwelling (SF-7) zoning dlsmct classification and use designation to Office Conditioned (O[e]) zomng dlsmct classification and use designation under the comprehensive zomng ordinance of the City of Denton, Texas and a Zomng Plan for the 2 47 acres is adopted, smd Zomng Plan being attached hereto and incorporated herein as Exhibit B for all purposes, with both zoning and zomng plan being subject to the following conthtlons 1 The floor area of the mmn structure shall be limited to 10,000 square feet 2 A parapet shall be extended around the entire roofllne of the mmn structure Page 1 of 2 47 3 The main structure shall be hmlted to one story in height 4 Any fencing around the penmeter of the property shall be supported by steel or masonry posts 5 Hours of operataon shall be such that patients wall not be admitted before 8 00 a m or after 8 00pm 6 50% of all trees wathan ten feet (10') of msadentml property surrounding the sate that are greater than four roches (4") d b h shall be preserved 7 Headhghts shall be screened so as not to sh~ne ~nto surroundang residential property SECTION 2 The C,ty's officml zomng map ~s amended to show the change an zomng dastnct classfficatlon SECTION 3 If any prov~slon of tins ordinance or the apphcahon thereof to any person or circumstance is held invalid by any court, such mvahdaty shall not affect the vahd~ty of other provlslons or apphcataons, and to thas end the prowsaons of th~s ordinance are severable SECTION 4 Any person vlolatang any provasmn ofth~s ordanance shall, upon convmt~on, be fined a sum not exceeding $2,000 00 Each day that a prowsmn of th~s ordinance is violated shall const, tute a separate and chstlnct offense SECTION 5 That this ordinance shall become effective fourteen (14) days fi.om the date of~ts passage, and the C~ty Secretary as hereby darected to cause the caption oftlus ordinance to be pubhshed tvace tn the Denton Record-Chromcle, a dmly newspaper pubhshed m the City of Denton, Texas, wattnn ten (10) days of the date of ars passage PASSED AND APPROVED tlus the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 48. EXHIBIT A All zhaZ certain U'act of land situated in the $ D Lilly Survey, Abs~ra~ No 762, Clly of D~on. Denton Counw, Texas and b~mg a pan of *h~ called 12 0 acre Iract described In thc de~d from Del Holmes et ux to C E Cun? ct mc recorded m Volume 34~, Page 213. De~d Records, Denton County, Texas and being more pm~cularly descnbeg by metes ~d bounds as follows BEO]IqNIIq'G for ~ Nor~mu~ comer of the here,- described tract at the Northwest comer of Lot 1, Block 1 of tho Szquo,~ Park 5ubdxv~on as recorded m Volmne 413, Pa~,e 408 ofth~ smd Deed Records on the South right, of-way line of I-h~hway No 380 0E University Drivo) si it's mtersoot~on v~th the East hne of the 12 0 acre TI-iL=HCI//South 00 degr~:s 26 mlilules 09 seconds Wesz vath the East h~e of*he smd 12.0 acre lxact and the West hne of the said Sequma Park Sulxhvmon a distance of 264 34 feet 1o the Southeast ~omer of the said 12 0 acre tra~ ~CE South $9 de~r~s 56 minutes 03 se~mds Wes~ vath the South hn¢ of the smd 12 0 acre uact the North hne of the said Sequoia Park Subdiw$~on and ll~ Nol~h line of the called 29 167 acre ~act de. ach'brat m the Deed from Dan T,,u~mel ~o Mob~hty Systems, Inc recorded m Volume 2650, Page 956 of the smd deed records s d,.sumce of 7~6 10 f~et Io tl~ ~ r~hz-of-way line of the smd Slate I-h~g~way No 350, ~CI~ North 70 desre~s 42 minutes 16 s~conds East vath the Southeast right-of-way !me of I-h~wsy 380 a d/stance of 7~3 27 feet lo an angle prom *hereto, THENCI:- North 76 d~'e~s 34 m4-,ll~s 0~ seconds ~ast contmmn~ vath *he South of-way hne ot't-hl~hway 350 a distance of 95.~J feet ~o the PLACE OF BEGIlqNI~G endo~n~ 2 4? ac~s of land. 49 EXHIBIT B 50. I AGENDA INFORMATION SHEET ~enda Item_ a~ / AG~ND~ DAT~: August 15, 2000 D~P~TM~NT' Plying D~cnt ,~ C~C~ACM: D~wd Hall, SUBJECT - Z-00-010 (~001 ~e~t Hold a pubhc being ~d consider ~opt~on of ~ ordm~cc to rezone 3 9 acres ~om ~ A~cul~al zomng d~st~ct to a L~t Indust~al zoning d~st~ct Thc propc~y ~s located ~t 5001 West Umvcrs~ty D~vc Thc pmpos~ ~s to rezone ~c pmpc~y ~o co~cspond w~th the cx~stmg l~d usc A request for rchcf ~om ~e ~tc~m No~cs~dcntml St~d~ds for th~s propc~y was approved by C~ Co.cd on ~e 6~ 2000 Thc Pl~mg ~d Zomng Co~ss~on rcco~cnded appmv~ (7-0) BACKGROUND Thc ~pphc~t has requested to rezone ~pprox~matcly 4 acres ~om ~ Ag~cult~l (A) zomng d~smct to Light ~dusmal (LI) zomng d~smct Thc ex~st~ng l~d uses of thc subject propc~y ~d adjacent p~cels ~e comp~t~ble w~th ~c proposed zoning Thc proposed pc~tted uses have been limited ~d ~e hsted on the Exhibit B (see Attac~ent 3) No new development is proposed Th~s zonmg request xs not subject to ~e Imenm Regulatmns } The subject prope~ ~s located in ~ A~cult~al (A) zomng d~smct created xn 1969 } The proposed development xs consistent w~ all of ~e pohc~es of The Denton Plan (see Attac~ent 1 - Comprehensive PI~ ~alys~s section) ~ Five (5) prop~y owners were notified of the zomng request One (1) response xn favor of the request has been received (see Attac~ent 1) PRIOR ACTION/REVIEW The following is a chronology of Z-00-010, commonly known as 5001 West Umvers~ty City Council -- June 6, 2000 Apphcatmn Date - June 14, 2000 P&Z Date - July 12, 2000 ESTIMATED PROJECT SCHEDUI,F, The subject property ~s not platted and would need to be platted prior any development FISCAL INFORMATION Any future development of th~s property will increase the assessed value of the c~ty and county As a form of mflll development, no extensmn of pubhc infrastructure will be necessary to service thls s~te P&Z SUGGESTED RECOMMENDATION The Planmng and Zomng Commission recommends approval (7-0) of this zoning request OPTIONS 1 Approve as submitted 2 Approve w~th conchtzons 3 Deny 4 Postpone consideration 5 Table ;tern ATTACHMENTS 1 Planning and Zomng Commission Report, July 12, 2000, Z-00-010 2 Planning and Zomng Commission minutes from July 12, 2000 3 Draft Ordinance Re .~e~t fully~subm~tted .. Douglas S Powell, AICP D~rector o£Planmng and Development ~rah %era Phr ~er I ATTACHMENT 1 Agenda Item ~i PLANNING AND ZONING COMMISSION om ?--/~-oo - STAFF REPORT ~ Subject 5001 W Umvers~ty Dnve Case Number Z-00-010 Staff Deborah V~era, Planner I Agenda Date July 12, 2000 Hold a pubhc hearing and consider making a recommendabon to the C~ty Council concermng the zomng change of 3 9 acres from an Agncultural (A) zomng d~stnct to a L~ght Industrial (LI) zomng d~stnct The property is located at 5001 West Umvers~ty The proposal ~s to rezone the property to correspond with the emstlng land use No new development ~s proposed LOCATION MAP Location 5001 West Umverslty Dnve Size 3 9 acres Z O0 010 4 Apphcant/Owner Joe Mulroy 5001 W Un~vermty Dnve Denton, TX 76207 Mr Joe Mulroy is requesting the rezomng of approximately 3 9 acre tract from an Agricultural (A) zoning dlstnct to a Light Industrial (LI) zomng dmtnct The subJect property ~s located on the south rode of UnIvermty Dnve east of Masch Branch Road and ~s commonly known as 5001 West Umvermty Drive (CBS Machamcal) The ex,sting land use of the property ~s hght industnal and ~s compatible w~th the proposed zomng No new development ~s proposed Any new development wdl trigger staff review At the June 6, 2000, regular meebng the C~ty Councd granted a rehef from the Non-res~denbal Intenm Regulabons allowing the apphcant to proceed w~th a "straight" hght Industnal zomng apphcabon The Denton~ Development Plan Analysis The Denton Plan shows this area to be w~th~n an Industrial Center Area These areas are intended to provide Iocabons for a vanety of work processes and work places such as manufactunng, warehoumng and d~stnbut~ng, ~ndoor and outdoor storage, and a w~de range of commercial and mdustnal operations Staff finds the proposed zomng to be consmtent with The Denton Plan (see Enclosure 1 ) I Transportation The ex~sbng development has access onto Umvers~ty Drive and Masch Branch Road According to traffic counts, both roads have adequate capacity to handle the traffic generated by the ex~sbng use 2 Uhhtms Th~s rote has access to exmbng water and samtary sewer hnes January 14, 1969 - The subject property was placed ~n the Agricultural (A) zomng d~stnct and land use clasmflcat~on by the Ordinances 69-401 and 70-34 (see Enclosure 2) June 6, 2000 - C~ty Councd granted a rehef from the Non-residential Intenm Regulations The subject property is not platted and would need to be platted prior to any development Z O00tO 5 The subject property is not platted and would need to be platted pnor to any development Nobce of the zomng request was pubhshed ~n the Denton Record-Chromcle on July 1,2000 F~ve (5) property owners w~th~n two hundred feet were marled legal nobces and fifteen (15) residents w~thm five hundred feet were sent courtesy notices ~nform~ng them of the request (see Enclosure 4) As of th~s wnbng, there has been one (1) response in favor of the request (see Enclosure 5) No neighborhood meebng was held The proposed zomng request ~s compabble w~th The Denton Plan The Development Rewew Committee recommends approval of Z-00-010 I move to recommend approval of Z-O0-010 1 Recommend approvalas submitted 2 Recommend approvalw~th ~ndlt~ons 3 Recommend den~al 4 Postpone conslderabon 5 Table ~tem ENCLOSUF ¢,~.~ ' '~ ~, ~,,~, , 1 Future Land Use Map 2 Zomng Map 3 200'-500' Not~ficabon Map 4 Property Owner Responses (1) e , ENCLOSURE 1 ~ NORTH Z-00-010 (5001 W. University Drive) LAND USE MAP Agenda Date July 12, 2000 Scale None 7 ENCLOSURE 2 NORTH Z-O0-010 (5001 W. University Drive) T--T]~ ,= SITEI ZONING MAP Agenda Date' July 12, 2000 Scale None ENCLOSURE 3 NORTH Z-00-010 W. University Drive) 200 Notification Limits 500 Notification Limits 200'-500' NOTICE MAP 200' Legal Notices sent v~a Certified Ma~l 5 500' Courtesy Notices sent wa 1st Class Ma~l 15 Number of responses to 200' Legal Nobce · Opposed 0 · In Favor 1 · Neutral 0 Agenda Date July 12, 2000 Scale None ~ ENCLOSURE 4 NOTICE O, HEARIN Z-00-010 The Planmng and Zoning Commission of the City of Denton w~ll hold a public hearing on Wednesday, July 12, 2000, to consider rezoning a 3 9 acre s~te located apprommately 300 feet southeast of Umvers~ty Drive and Masch Branch Road, commonly known as 5001 West University Drive (CBS Machamcai), from Agricultural (A) zomng d~stnct to Light Industrial (LI) zoning d~strict (see map on backside) The intent is to rezone an existing hght industrial site No new development has been proposed The public heanng will start at 6 00 p m m the C~ty Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property w/th/n two hundred (200) feet of the subject property, the Plenmng and Zoning Commission would I~ke to hear how you feel about th~s zomng change request and ~nwtes you to attend the public heanng Please, in order for your opinion to be taken ~nto account, return th~s form with your comments prior to the date of the pubhc heanng (Th/s ~n no way prohlbrts you from attending end part, c/paring ~n the public heanng ) You may fax ~t to the number located at the bottom, ma~l it to the address below, or drop ~t off ~n-person Planning and Development Department 221 N Elm ST Denton, Texas 76201 Attn. Deborah Vlera, Planner I The zomng process includes two public heanngs designed to provide opportumtles for citizen involvement and comment Prior to the pubhc hearings, landowners w~th~n two hundred (200) feet of the subject property are notified of the zoning request by way of this notice The first pubhc hearing ~s held before the Planning and Zomng Commission The Commission is ~nformed of the percent of responses ~n support and ~n opposition Second, the zoning pet~bon ~s forwarded to the C~ty Council for final action providing the Commiss~on recommends approval Should the Comm~ssion recommend demal, the pebtloner may then appeal the request to the City Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then s~x out of seven votes of the City Council are required to approve the zomng change These forms are used to calculate the percentage of landowner opposition Please circle one' ~'-~or of reques_~ Neutral to request Opposed to request Comments P r, n ts d N a m e~r'd~, ~-~,~]~'~J~(~ Uall~ngAddress "~'D4~ '~ _~ City, State Zip k/~/'~M~/X., '7~ "7'4, ,a~-ff- ~ ~' Telephone Number g)~zg..~g'.2 ...~ Physical Address of Property w~th~n 200 feet .,/-/,¢ ClTY OF DENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 · 9403496350 · (F)9403497707 10. ATTACHMENT 2 Page 15 I the wv i m told is back on I and was annexed into thc City, right? Isn't that thc 2 We'll move to Agenda Item 16 hold a public 2 history of that? .3 heanng and consldenng making a recommendation to City 3 MR BUSSELL YeS, sir It was an existing 4 Council concerning a zoning change of 3 9 acres from 4 usc that was annexed 5 Agncultumllto Light lndus~al conditioned Tho 5 MR MCNEiLL Right And so it was brought 6 property Is 10cated at 5001 West Umvers~ty The proposed 6 m, thc whole area was brought m as Agriculture 7 zoning Is consistent with existing useS At this tune, 7 MR BUSSELL That's correct 8 I'll open thc public heanng and ask Ms Viers to provide 8 MR MCNEILL okay Thank you 9 uswiththestaffreport Ooodcveamg 9 MR ENOELBR£CHT Any other queStions? lJilht [0 MS VIHRA Good evening Chairman, 10 want to know are you thc only guy operating In tox~ii 11 Commission, tonight we are considering thc zoning for 1301 I 1 days9 12 West University Drive better known es cbs Mechanical 12 MR OUSSeLL t enjoy you people 13 Th~s Is a 3 9,tract zoned Agricultural We have an 13 MR ENGELBRECHT TWO months ago, I'd n~ ~r 14 existing L~ght Industrial use The applicant is 14 se~n you and now you're at every case 15 requesting to rezone the property to correspond wlth the 15 MR BUSSELL And you always put me last 16 existing use The new development excuse me No new 16 MR ENGELBR~CHT okay It doesn't appear 17 development has been pmposcd And I just wanted to 17 there's any other questions Thank you sir 18 h:ghhght that if in any case the applicant reClUeS~ any 18 MR BUSSELL Yes sir 19 new development, that will -- the staff review will review 19 MR ENOELBRIiCHT ts there anyone present v, ho 20 thc proposal 20 would like to speak m favor of this petition? Anyom. 21 On June 6th, the City Council granted relief :21 present to speak m favor of the petition? Anyone present 22 from nonresidential interim regulations allowing the 22 to speak in opposmon to the pctition? Anyone present to 23 applicant to proceed with u straight zoning case As you 23 speak in opposition? Sccmg no opposition, rebuttal 24 can se~, thc proposed zoning Is compatible with ~ land 24 period is waived Public heanng is closed And Mr Z5 use, future land use map The futura land use map calls 25 McNedl Page 154 Page ]56 to tlus s~te for an industrial center Also, the existing MR MCNEILL Are we ready for a motion ~ 2 adjacent properly have an LI zoning so the proposal is 2 MR WILLIAMS l'm not 3 compatible with the existing zoning 3 MR ENOELBRECHT Okay 4 As a part of tho notification preceas, we 4 MR WILLIAMS I have some sLmple questions 5 notified five property ownors and 15 residents According 5 MR ENOELBRECHT All right Mr Williams 6 to the future laud use map and the Comprehensive Plan 6 MR WILLIAMS Okay When we went over thc 7 staff believes that the proposed zoning is compatible We 7 Denton Plan, tf my memory serves me right, tt said that 8 recommend appro~, al At thls point, I will pass to the 8 all zoning cases would have to have a site plan l,, that 9 apphcant and I will be happy to answer any questions that 9 true or false9 10 you may have 10 MR REICHHART The applicant got a waiw. r 11 MR ~'NGeLBRI~C}iT conumssloners, any 11 request granted by City Council where they're not under 12 queStions? It would aplnar not Thunk you, Ms Viers 12 the interim regulations But any new development that 13 Is the apphcant, petitioner or petiUoner's 13 would come forward on this project would have s~te plan 14 representative,present? YeS 14 review, as a matter of fact No new development 15 MR BL'SS~LL Yes, sir My name Is Allen 15 proposed 16 Bussell SENT corp 1621 Amanda Court, Ponder 16 MR WILLIAM~ I understand that but the v, ord 17 Basically, Mr~ Mulrey needs this zoning in case a 17 "all," I remember debating that term "all" and I hex e 18 catastrophe were to happen If a fire or whatever would 18 problems w~th us doing one thing today, doing soma. thing 19 wipe out his bud&rigs he could not rebuild under current 19 else tomorrow I have to agree with Ms Oourdle To me ~0 ruleS without the zoning And so to protect hanself, he 20 It's very confusing because, you know, we want Ia tweak 21 would like the zoning to match what his use is, 21 things and tweak things and tweak things and I just ha'~e 22 baslcally And that's why we're here 22 some serious concerns about that 23 Ma ~>,oet.~a~cm' commissioners any 23 But not the practicably of It but to write a 24 quest~uns? MI' McNedl 24 rule and then, less than stx months later, start wal', mg 25 M~ MC'm. mL 'flus property was in existence 23 dungs In other words, tt means that the rule wasn't PLANNING AND ZONIN(} COMMISSION JUl v ~'} 9000 Page 153 - Page 156 'il. CondenscltTM Page 157 Page I worth a flip when wc fa'st wrote it and I'm concerned I have a place that say who do you want us to contact 2 about that, very, vuryconcerned Eltherv~havoaDcnton 2 beeausewc'renotgolngtocontactl2penpla Wcwamon~ 3 Plan or wc don't have a I~nton plan or it's a waste of 3 person And w~ do that We hera found that it's not 4 running my blood pressure up deahng with it 4 always on the applicant s~dc d~s thc contact person ~ ho 5 MR ReICHHAIRT Th~ Denton Plan, the 5 might bc the engineer tell thc owner or vise versa But I 6 Comp~henslvo Plan is not an ordmanoe 6 do want you to know that we make every effort to 7 MR WILLIAMS BUt It IS a guido 7 penplc who wc hove down as a contact person, to let 8 MR REICHHART ItlSagUldnandthcncw 8 knowwhat'sgolngtobcdoenwlththc~rapphcat~on %0 9 Development Code that's heine wrgten and worked on right 9 just want to make sure that that didn't go unsaid Th~. I 0 now with tho Code Committee and thc consultant, there will 10 other thing is 11 be site plan r~viow criteria established with that now 11 MR R[SHEL what case are you citing? 12 Development Code 12 MR POWELL It was the school district case 13 Until that time, wo have tho interim 13 MR RISHEL That was my concern, too 14 regulations that do ha,,e a waiver re, quest that could bc 14 MR POWELL SO It could have been that 15 sought This apphcant did do that and City Council 15 MR S. IS~EL we notified the supenntendcnt 16 granted that waiver, thereby allowing him to proceed under 16 or something 17 the old regulations, if you would Th~ could go straight 17 MR POWELL we notified whenver ti'icy put down 18 zoning without requlnng a zoning plan But even with tho 18 as the contact person who m~ght not hava been the person 19 two-step approach under the interim regulations, tbey 19 that -- 20 would have done a zoning plan which doean't m¢lu& any 20 MR R[SHEL Maybe Mr Martin didn't read h~s 21 site plan and than a project plan for any new development 21 mad either 22 prior to building permits This applicant would still bo 2:2 MR POWSLL it could have been tho engineer 23 m:tuu.ed to do that uoder -- lf and when any new 23 But again nreallyls we really don't bevo tho 24 development would bo proposed 24 resources to notify 12 people It's thou' rcspoaslbthty 25 MR. ENGELBRECHT Any other questions, 25 to tell us who they want us to contact and whoever ~t ~s Page 158 Page I COlmnents, or a morton9 I we'll contact them 2 MR MCNEILL I move to recommend approval of 2 The other thing I wanted to point out m 3 Z-00-010 3 listening to tonight's d~scussloa is, again, we'd 4 MR RISHEL second 4 encourage any of the Commissioners that if you do ba,,c 5 MR ENGELBRECHT It*s been moved and seconded 5 questions about ~tems, ff you want to call us ~fore thc 6 to approve Any dtscuss~on on the motmn9 Vote, please 6 meeting we'd be happy to talk with you, meet with you 7 Motion eames unanimously 7 and try to clear up anything any questions so that items 8 Arsd that will move us to D~ctor's Report 8 may be, we might be able to move through them faster 9 Mr Relchh~rt 9 MR REICHHART Or at least have tho right 10 MR REICHHART Mr Powell 10 person here ~ address the concern 11 MR ENGELBRECHT oh, Mr Powell D~dyou 11 MRmW~LL Yeah Ithmktomghtwewere 12 hang around here just to do the DLrector's Report? We 12 fortunate that 1ercy Clark was here but Mr Salmon 13 could shove ~t up to the front and let you -- 13 obviously, does a great job But If you could do that l 14 MR POWELL I like being around here because 14 th~nk that would help us and probably help the meetings go 15 I like to know what the Planmng and Zomng Comm~ssion 15 a little b~t smoother That's all I had Thank you 16 does Two qurck comments One, earher tomght an 16 MR ENOELBRECHT Anything else? SUSt a not~. 17 nppheant had ment~onad that he did not know that staff 17 on our next meeting will be Alternative Transportation Da5 18 report was Igomg to reconunend demal of his apphcation 18 in Denton That Is to be declared by the Mayor the 19 until he got here I want to make sure that you're aware 19 before Actually, thls year slnco It'S such short uouce 20 that our policy is to send to the applicants on Friday 20 it's only going to apply, I just found out today, to the 21 when the packet goes out to you, we send them a copy of 21 staff And it s e~ther 20 or 30 percent of them are to 22 the staff r~port and we notify them Also, we notify them 22 find alternative transportation that day, I understand 23 usually at DRC what the reeommg, adatlon Is going to [~e 23 MR MC~ILL 'rhet doesn't mean we all have to 24 However, we only send tt to the contact 24 jog? 25 person O~' application forms, our new appheatxon forint 25 ~ £~OELBa~C~T BUt I think that, you know PLANNING AND ZONING COMMISSION .... 2. 2000 Page 157 - Page 160 ATTACHMENT 3 ORDINANCE NO AN ORDiNANCE OF THE CITY OF DENTON, TEXAS, PROVIDiNG FOR A ZONING CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO LIGHT INDUSTRIAL WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 3 9 ACRES OF LAND LOCATED AT 5001 WEST UNWERSITY, PROVIDiNG FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z-00-010) WHEREAS, Joe Mulroy lmtmted a change m zoning for 3 9 acres of land from Agricultural zoning chstnct classification and use designation to Light Industrial with conditions zomng chstnct classification and use designation, and WHEREAS, on July 12, 2000, the Planning and Zoning Commission concluded a public heanng as required by law, after which a motion to recommend approval of the requested change in zoning, and WHEREAS, the City Council finds that the change ~n zoning is consistent with the Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zomng district classification and use designation of the 3 9 acre property described an the legal description attached hereto and incorporated herein as Exhibit A is changed from Agricultural zomng district classification and use designation Light Indusmal zomng d~stnct classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions 1 The permitted land uses are restricted to those described in the hst attached hereto and incorporated herein by reference as Exhibit B, some of which require a specific use permit as shown on Exhibit B SECTION 2 The Clty's official zomng map is amended to show the change in zoning district classification SECTrON 3 Ifany provlsxon ofthis ordinance or the apphcatlon thereofto any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the prowslons of this ordinance are severable SECTION 4 Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision ofthm ordinance is violated shall constitute a separate and distinct offense SECTION 5 That flus ordinance shall become effective fourteen (14) days from the date ofits passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a danly newspaper pubhshed in the City of Denton, Texas, wlthln ten (10) days of the Page 1 of 6 13. date of tts passage PASSED AND APPROVED th~s the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 6 14. EXHIBIT A FIELD NOTES to all that certain tract of land situated in the W Bryan Survey, Abstract Number 148 in the City of Denton, Denton County, Texas, being all of that certain called 2 958 acre tract as described ,n the Deed from Joseph S Mulroy to Yorlum Realty, Ltd recorded m Volume 4323, Page 1999 Deed Records, Denton County, Texas and part of that certain 1 925 acre tract as described in the Deed from Ray Tobm and w~fe, Bob E Tobln to Joe B Evans recorded in Volume 466, Page 39 Deed Records, Denton County, Texas, and being more part,cularly described as follows BEGINNING at the Southeast comer of the herein described tract the Southeast comer of the said 2 958 acre tract, THENCE North 01 degrees 02 minutes 52 seconds East vath the East line of the said 2 958 acre tract a distance of 514 60 feet to the Northeast comer of thereof in the South right-of, way line ofU S Highway 380, THENCE North 87 degrees 16 minutes 28 seconds West vath the North line of the said 2 958 acre tract and the South right-of-way line ofU S Highway 380 a distance of 165 00 feet to the Northwest comer thereof, THENCE South 02 degrees 49 minutes 02 seconds West part of the way w~th the West line of the said 2 958 acre tract a distance of 192 99 feet to a reentrant comer, THENCE North 88 degrees 34 minutes 58 seconds West across the said 1 925 acre tract a distance of 249 31 feet to the West hne thereof in the center of Masch Branch Road, THENCE South 00 degrees 16 minutes 42 seconds West vath the West line of the said 1 925 a¢re tract a distance of 160 49 feet to the Southwest comer thereof, THENCE South 01 degrees 02 minutes 52 seconds West uath the West line of the smd 2 958 acre tract a distance of 165 00 feet to the Southwest comer thereof, THENCE South 88 degrees 34 minutes 58 seconds East vath the South line of the said 2 958 acre tract a distance of 418 00 feet to the PLACE OF BEGINNING 15. Exhibit B Land uses shall be hmlted to the following Hotel or Motel Art Gallery or Museum Cemetery or Mausoleum Church or Rectory College or Umverslty or Private School Community Center (Pubhc) Day Camp Day Nursery or Irdndergarten School Hospital (General Acute Care) Hospital (Chrome Care) Institutions of Rehglous or Philanthropic Nature Public Library Monastery or Convent Nursing Homes or Residence Home for Aged Occasional Sales Park, Playground or Public Commumty Center School, Private Primary or Secondary School, Public or Denominational School, Business or Trade Accessory Building Community Center (Private) Electrical Generating Plant Electrical Substation Electrical Transmission Line Temporary Field or Construction Office (subject to Approval and Control by Bmlchng Inspector) Fire station or Similar Public Safety Building Gas Transmission Line and Metenng Station Off Street Parking Incidental to Mare Use Off Street Remote Parking Private Utility Shop or Storage Yard Public Bmldmg, Shop, Yard of Local, State, or Federal Government Radio and/or Television Microwave Tower Page 3 of 6 16. Sewage Pumping Statxon Private Swimming Pool Telephone, Bus~ness Office Telephone Line and Exchange Switching or Relay Station Amusement, Commercial (Outdoor) Amusement, Commercml (Indoor) Dance Hall or N~ght Club Go Cart Track Roller or Ice Skating Par& Theater, other than Dnve4n Bus Station or Terminal Hauhng or Storage Company Motor Freight Terminal Truck Parking Lot Commercial Parkang Lot or Structure Auto Laundry Auto Pmntmg and Body Repair Auto Sales and Repmr (In Building) Gasohne Service StaUon New Auto Pa~ts Sales Stores New or used Car Sales Lot (In Open) Seat Cover and Muffler Installation Shop T~re Retreading or Capping Used Auto Parts Sales (In Bmldmg) Antique Shop Bakery or Confect~onary Shop (Retml) Cafeteria Cleaning and Pressing Small Shop and P~ckup Custom Personal Service Shop Drapery, Needlework or Weaving Shop Florist and Garden Shop Greenhouse or Plant Nursery (Retail) Hand~craft Shop Household Appliances Service and Repmr Laundry or Cleaning Self Servace M~meograph, StaOonery or Letter Shop Mortuary and Funeral Parlor Page 4 of 6 17. Offices, Professional and Adm~mstratlve OffPr~mlse Sale of Beer and/or Wine On Promise Sale of Beer and/or Wine Licensed Private Club Pawn Shop Restaurant Rettul Stores and Shops - 4,000 square feet or less Retml Stores and Shops - over 4,000 square feet Studio ~for Photographer, Musician, Artist or Health Secondhand Store, Used Furniture or Rummage Sale Tool or Trail Rental Ammal Pound (Private or Public) Ammal Clmm or Hospital (no outside runs and pens) Animal Clinic, Hospital, or Kennel (with outside runs and pens) Greenhouse or Plant Nursery Bakery (Wholesale) Building Material Sales Cabinet and Upholstery Shop Cleamng and Dyeing Plant (Commercial) Cleaning Plant, Bags or Carpet (Spemal Equipment) Clotbang Manufacture or Light Compounding or Fabrication Contractor Shop or Storage Yard Engine land Motor Repamng Feed Store Heavy Machinery Sales and Storage Job Pnntmg or Newspaper Pnntmg Laundr~ Plant (Commercial) Milk Depot, Dmry, or lee Cream Plant Prom Shop Petroleum Products, Store, Wholesale Plumbing Shop Scientific or Research Laboratories Storage and Sale of Fumlture and Appliances (Outside a Building) Store o~' Sales Warehouse Trailer Rental or Sales Transfer, Storage and Baggage Terminal Wholesale Office and Sample Room Page 5 of 6 18 M~xlng and Sale of Concrete Light Manufactunng or Industrial Uses that meet the performance standards prescribed by Article 13, 18A, 1 through 7 Permitted Uses with Approved Specific Use Permit Fraternity, Sorority, Lodge or C~v~c Club Livestock Feeding Plant, Pens or Yards Flea Market Sand, Gravel or Earth Sales or Storage Extraction and Storage of Sand, Caleche, Stone, Clay or Gravel Petroleum or Gas Well Petroleum Collecting or Storage Facilities Temporary Asphalt or Concrete Batclung Plant Bnek IQln or Tile Plant Open Salvage Yard for Rags, Machinery, etc Page 6 of 6 19. AGENDA INFORMATION SHEET A~enda No Agenda Item Date ~ AGENDA DATE: August 15, 2000 DEPARTMENT: Planning Departmenr~ CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT - SI-00-017 Telecommumcatlons Zoning Regulations Hold a public heanng and consider adoption of an ordinance amending Chapter 35, Zoning of the Code of Ordinances, to add Article XI, Denton Telecommunications Zoning Regulations, providing regulations govermng the location of telecommunication towers and antennas The Planning and Zoning Comnnsslon recommends approval (5-0) with comments BACKGROUND City Cotmcfl instructed staff on March 28, 2000 to bnng foxward regulations relative to teleeommumeation facilities due to our current regulations being outdated A related question was asked at what height does a tower have to have the flashing strobe lights on the top9 Federal Aviation Regulations Part 77 state obstructions standards for marking and lighting of structures There are many variations about when lights are required and what type of lights and their intensity Listed below are the general applicable standards for towers · Radio, Television, Towers Supporting Structures for Overhead Transmission Lines, and Similar Structures. o Structures 150 feet or less above ground level 2 or more steady lights should be installed in a manner to insure an unobstructed view by a pilot Structures exceeding 150 feet above ground level At least 1 red flashing beacon should be install in a manner to insure an obstructed view by a pilot o Steady burning light structures 350 feet or less above ground Require two or more steady burning lights that should be installed diagonally or in diametrically opposite positions o Structures exceeding 350 feet above ground level Shall mstall steady burning lights on each outside comer of each level · Mechum intensity flashing obstruction lights are not recommended on structures less than 200 feet · High lntenmty flashing obstruction lights are not recommended on structures less than 500 feet or less 1 C Wiy DocumentshoROJECTS\Sl Cases\SI 00 17 41 ZOA Tclecommumcat~on Regulatmns doc PRIOR ACTION/REVIEW The following is a chronology of SI-00-017, commonly known as Telecommunications Zoning Regulations P&Z Date - July 26, 2000 ESTIMATED PROJECT SCHEDULE To notify the telecommumcatlon servers within 30 days of the effective date of the proposed ordinance enactment Said providers shall, within 90 days of the notice date, provide the C~ty with their respective master antenna plans P&Z SUGGESTED RECOMMENDATION The Planning and Zonmg Commission on July 26, 2000 recommended approval 5-0 to add Arhcle XI, Denton Telecommumcat~ons Zomng RegulaUons to the Zoning Ordinance Thc Planning and Zomng Commission made the following comments relative to the proposed language 1 Can we reqmre the telecommumcatlon servers to prove or prowde they have habihty insurance? The City Attorney's Office responded that m the application process of Section 35-419 you may want to include a provision that a copy of the apphcant's habfi~ty coverage is included and a,prowslon to add the city as an additional insured ~f the tower is on city property or ~n the cltyts right of way In the City Attorney's opinion the city would be challenged and would not prevail 2 Can the City reqmre money to be placed m an escrow account to remove towers ~f necessary due to tower failure? The City Attorney's Office responded there ~s no federal or state law or case law, which allows a city to require a fund for unplanned events or accidents In Staff's opinion the city would be challenged and would not prevail 3 Do the federal standards have safety regulations on access to the towers, especially regarding children9 Section 35-420 lists the federal and state standards The fencing reqmrement is to ehmlnate access by anyone other than the tower company or its agents According to the City Attorney's Office there is no safety standard that addresses th~s ~ssue 4 Can we add language that the billboard ordinance takes precedence9 x e ~f a billboard were to be removed it's reason for staying could not be because of antennas If so, what would that language be? The City Attorney's Office recommends deleting the provision allowing a tower or antenna on billboards to avoid the issue of what takes precedence 2 C Wiy Documenta~PROJECTS\SI Cases\Sl-O0 17 41 ZOA Tolecommumcatlon Regulations doc 5 Do we have the ability to limit or prohtblt antennas and/or towers tn the fl~ght path of heheopters at hoepltals* The FAA regulates the mr space and atrcraft movement According to the City Attorney's office~ you cannot add prowslons limiting or proh~bmng antennas or towers in the flight path of helicopters at hospitals because we have no enforcement authority This should be a factor, to consider tn a specffic use permtt, if a tower is attempting to locate by a hospital 6 The Comnnsslon requested language be added to Section 35-420(d) Telecommunlcattons Tower Standards - Fencing The Commlsston wanted language added that tf the equipment bualdmg was visible from the public rights-of-way or adjacent to res~denttal at would be screened The City Attorney's office has added language to Sectton 35-420 (d) to address thts concern (See attachment 3) OPTIONS 1 Approve as submitted 2 Approve w~th condmons 3 Deny 4 Postpone consideration 5 Table,item ATTACHMENTS 1 Planning and Zomng Commission Report, July 26,2000, SI-00-017 2 Planning and Zomng Commlssmn minutes from July 26, 2000 3 Draft Ordinance D~rector of Planning and Development Prepared by Iglar~ R~[tc~i-ff, - /-[ Development Revl~ Manager 3 C Wly Documents~PROJECTS\Sl Cases\SI 00 17 41 ZOA Telecommumcatton Regulations doc PLANNING AND ZONING COMMISSION 7 . STAFF REPORT ~l:la~ "/" ~-~' ~ -, Sublect Telecommumcat~onsZomng Regulations Case Number SI-00-017 Staff' Marcy Ratcliff. Development Rewew Manager Agenda Date July 26, 2000 Hold a public heanng and consider making a recommendabon to c~ty Council regarding an ordinance amending Chapter 35, Zomng of the Code of Ordinances, to add Article XI, Denton Telecommumcat~ons Zomng Regulations prowd~ng regulabons govermng the location of telecommunication towers and antennas Planmng and Development staff on March 28, 2000 gave C~ty Council a report and requested d~rect~on regarding w~reless telecommunications fac~ht~es regulations The C~ty of Denton's current regulations were written for older technology and do not adequately respond to the new age of w~reless telecommumcat~on services The Zoning Code has an ex~stmg land use category of "Radio, Telewslon or M~crowave Towers" which ~s defined as "structures supporbng antennas for transmitting or rece~wng any porbon of the radio spectrum but excluding noncommercial antenna ~nstallat~ons for home use of radio or telewslons" Under this deflmt~on, towers, including cellular towers, are regulated by zomng d~stnct as permitted uses (denoted by X) or special uses (denoted by S) based on the following table CITY OF DENTON CODE OF ORDINANCES SECTION 35-77 A = ,~ D INCIDENTAL UsEsUTILITY' CCES$ORYAND < ~ ~ ~ ~'~ ~+ z~ z~-z'~ ~ o~o ~z =~ u ~ ~ ~ ~ RADIO AND ~t'V OR MICROWAVE TOWER S S S S S S S S S S S X X X X X X Based on this table, towers are not allowed In the Parking Dmstrlct (P) or Outdoor Amusement and Recreation (OAR) zomng d~stncts Further, the current regulations do not make prowslons for the majonty of w~reless telecommun~cabon dewces, which are antennas C \My Docurnents\Code\Telecomunlcation Towers\SI-00-17 4 ZOA Telecommunication Regulations doc 4. Advancements ~n technology have created new services and devices that are generally descnbed under the broad category of w~reless telecommunlcabon services Specifically, new types of service such as cellular phone, personal commumcabon serwces (PCS), paging services, and digital telews~on were not contemplated when the current regulabons were adopted The C~ty therefore, at a m~mmum, needs to update the current regulabons to address these new types of service and devices Possibly the most central Issue to w~reless telecommumcat~on regulabon relates to cellular phone towers or antennas The expanding number of carners and the prohferat~on of towers ~s a growing concern for many communities The wsual ~mpact of so many towers ~s the primary reason that communities are ~ncreasmgly regulating w~reless commun~cabons fac~hbes Local governments can regulate the location and placement of cell towers according to the federal Telecommunications Act of 1996 The use of safety hghts ~s w~th~n the jurisdiction of the FAA for towers over 125 feet ~n height The attached ordinance was drafted by the C~ty Attorney's office based on the North Central Texas Council of Government (NTCOG) model ordinance The benefit to using the model ordinance ~s that ~t has already receIved Input from the w~reless ~ndustry The ordinance ~s a comprehensive document that covers the w~de range of dewces used for w~reless telecommunlcabons The major ~mt~abves contained ~n the ordinance are · Prowdes new defln~bons and terms to better describe current technology · Prowdes new standards that m~mmlze the wsual ~mpact by encouraging stealth designs and co- Iocabon · Requires a "Master Antenna Plan" to be submitted by each carrier · Accessory buildIngs are required to be fenced and screened from pubhc nghts-or-way or residential d~stncts · Security fencing, ~f installed shall be wrought ~ron or steel chain hnk fence with evergreen hedge or a masonry wall not less than 6 feet ~n height The standards are compnsed of two major sections, towers and antennas standards Below ~s a sumary of those regulations Towers (Section 35-421 Tower Location Standards, see Enclosure 1, page 7) · Except for compabble alternative mounbng structures that effecbvely camouflage or conceal the presence of telecommumcatlons antennas, telecommunmat~ons fac~ht~es should not be located on or w~th~n 300 feet of property zoned h~stonc or property included ~n a national or local h~stonc d~stnct · A self-supporbng or guyed tower more than 20 feet ~n height shall not be permitted in any residential zoning d~stnct Such towers must be a minimum of a 3 to 1 d~stance to height ratio from a s~ngle family residential d~stnct and 1 to 1 d~stance to height ratio from a multlfamlly d~stnct · Free standing monopole towers 85 feet or less in height are permitted ~n the non-residential d~stncts ~nd~cated in the use table of the Zomng Code · Telecommumcat~on towers ~n excess of 50 feet m height and monopole towers ~n excess of 85 feet ~n height are permitted in all the non-residential d~stncts with a SUP · Any new telecommumcabons tower ~n excess of 180 feet m height must be located a m~n~mum of 1 m~le from any ex~sbng tower m excess of 180 feet C ~My Documents\Code\Telecomunicatlon Towers\SI 00 17 4 ZOA Telecommunication Regulations doc 5. Antennas: (Secbon 35-422 Antennas Mounting Standards, see Enclosure 1,pages 8 & 9) · Individual antennas on ex~st~ng electric utility poles, I~ght standards and towers ~n excess of 40 feet are allowed prowded the total length of any antenna does not exceed 15% of the height of the structure · Antennas and arrays are allowed by right on ex~st~ng electric transmission towers · Ex~st~ng structures in excess of 50 feet ~n height may as a matter or right be rebuilt ~f necessary to support or contain a new antenna, prowded ~t remains the same height and substanbally the same appearance · Panel antennas which do not extend above the structure or wh~p antennas 15 feet or less ~n height, are permitted on conforming b~llboard structures · Effecbvely camouflaged or concealed building mounted panel antennas are permitted on non- residential buildings and mulbfam~ly dwellings ~n all zomng dlstncts, provided that they are mounted flush w~th the extenor of the building and do not project more than 30 ~nches from the surface of the building · Wh~p antennas are permitted on non-res~denbal buildings and multi-family dwelhngs ~n all zon~ngld~stncts prowded ~t does not exceed 15% of the building height · Only one building/roof mounted antenna support structure, less than 100 SF ~n area, ~s permitted per 5,000 SF of building floor area Nobce of the zoning request was published ~n the Denton Record-Chronicle on Sunday July 16, 2000 Property owners are not reqmred to be noticed for Zomng Ordinance amendments Staff recommends approval of SI-00-017 I move to recommend approval of SI-00-017 1 Recommend approval as submitted 2 Recommend approval w~th cond~bons 3 Recommend demal 4 Postpone consideration 5 Table ~tem 1 Draft Ordinance C \My Documents\Code\Telecomunlcatlon Towers\SI 00-17 4 ZOA Telecommunication Regulations doc 6. CondenseItTM Page 3 I PROCEEDINOS I Iget a set 2 MR BNOELBRECHT oood evening, ladles and 2 MR ENGELBRECHT YOU don't have a page 2 ~ 3 gentlemen At this time I'd hke to call to order the 3 MR RISHEL My page 2 of the plans was 4 regular meeting of the Planning and Zoning Conmussum for 4 m~ssmg so I would have had that pulled anyway 5 the C~ty of Denton, Texas. for thls Wednesday. July 26th, 5 MR ENOBLBRECHT okay Before we move to any 6 2000 6 of the pubhe heanngs I would like to review our 7 The first item on the Agenda th~s evening is 7 preoedurcs for pubhc hearings Do we have someone x~ ho 8 to consMer approval of the m~nutes of the meeting of June 8 may have a copy of that so we can put them on the 9 28th 2000 Commissioners, any conx:ct~ens? 9 overhead7 There they are They're up there Very good ]0 MS APPLE I'll move approval 10 All right Our rules for public heanngs are on thc 11 MR RISHEL second 11 overhead to your left 19 MR ENOELBRECHT it's been moved and seconded 12 I will open the pubhc heartng and at that 13 for approval I would say vote please but I'll watt for 13 tone we'll ask the staff to read the petition, give tts 14 a moment for them to bring up the system Okay Vote 14 report and provtda a staff recommendation Followmg 15 please Morton carries 5 0 15 that, whtch is No 3 the petmoner will be granted 15 16 We'll move onto the Consent Agenda The 16 minutes to speak Following the petmoner, speakers m 17 follovnng items arc recommended by staff and approval 17 support will be granted a maximum of 30 minutes w~th a 18 thereof will bo strictly on tho basis of staff 18 maximum of five m~nutes per speaker Following persons in 19 recommendation Approval of the Consent Agendy authorizes 19 support, which would bo No 5, we'll hear from speakers m 20 the staff to proceed with each item In accordance w~th the 20 oppostt~on They'll be granted 45 minutes with the 21 City of Denton Code of Ordinances The Planning and 21 max~mtml of five minutes per speaker 22 Zomng Commission has received background reformat:on and 22 If there Is opposition, then the petmoner 23 has had an opportumty to raise quesuons regarding theze 23 will be granted ten minutes to speak ~n mbutlal At that 24 items pn0r to consideration And these would be Agenda 24 t~me, I'll close tho pubhc hearing and we'll ask staff 25 Items 2 through 5 but. Commlsslon~'s. we'll nod to pull 25 for final romurks Page Page 4 No 2 because the zoning was not approved last night I A few caveats The ftve minute tune hm~t for 2 The case was continued So No 2, the pmhmlnary plat 2 tndlvtdual speakers can be modified upon consent of the 3 of Country Lakes North will be pulled and we will be 3 Commlsston We would ask each speaker to concern hm~ or 4 constdamlg Agenda Items 3, 4, and 5 Hawng said that, 4 herself w~th new ~nformatlon not presented by prevxous 5 does anyone wish to pull any of those items? And tf not, 5 speakers And, finally we would ask those who am 6 Is then: a mot:on? 6 prcseot to refrain from any extraneous conunents or other 7 MS APPLE ! move to approve the Consent 7 displays of any type 8 Agenda excluding Item No 2 8 Okay Having said that the first acm ts for 9 MR RISHEL second 9 replat It's Robert E Leo School Addition This ts a 10 MR ENOELBRECHT It's been moved and seconded 10 9 3 acm s~tc located at the southeast comer of Mack 11 to approve the Consent Agenda excluding Item No 2 Any 11 Dave and Pmsley There's two parts to consider a 12 discussion on tbo motion? Vote. please Motion cannes 12 vartous from Section 34-114(17) of the Code of Ordinances 13 5-0 13 concerning stdewalks Having said that, I would hke to 14 We'll move onto the pubhe hearings this 14 read a letter that I have addressed to the Chmrman It s 15 e',entng wluch fortunately are not numerous And I will go 15 regarding this pamcular case, Robert E Leo Elementac, 16 ahead and read the -- 16 variance for sMewalks We respectfully request a 17 MR RISHEL would we move onto Item 2 from 17 two week contmuanea or until the next regularly scheduled 18 the Conseot Agenda? ' 18 meeting of the Planning and Zoning Commission for the 19 Mil ENOELBRECHT NO 2 was pulled because - 19 heanng on thc variance request for sidewalks The Deiltotl 20 ~t ,.vas pulled became the zonm8 is not in place so we 20 Independent School District needs thts tram to develop a 21 can't do the platting 21 sidewalk plan that is acceptable to the City staff 22 MR RISHEL RlSt a point of bookkeeping, I 22 Meetings with staff leadtng to reasonable solut;ons were 23 d~dn't have a page 2 in my plan and I was going to ask to 23 not completed since the last meettng 24 ha~ e that pulled anyway I don't know how vital plan 2 24 So having said that would there be a mouon 25 was In that, but I'd like to have a complete document when 25 to continue Item No 6 to our next regularly scheduled PLANNING AND ZONING COMMISSION .... '~6, 2000 Page 1 - Page 4 7 CondenseltTM Page45 ['age 7 I meeting? , $~ 1 model drafted our ordinance after the model ordinance 9 MR RISHEL SO moved 2 The model ordinance by tha North Central Texas Council of 3 IM$~ APPLE second ~l~tf~]~" 3 Governments has been reviewed by the wireless industry 4 MR ENOI~LBRECHT It's beg:ll,~moved and seconded 4 I'm not going to say tt makes them perfectly happy but 5 to continue Agenda Item Np 6 to our next regularly 5 they're able to work w~thm the confines of the model 6 scheduled meeting Anj discussion? In that case, vote 6 ordinance So our ordinance is very sumlar to that 7 please Mottoll earnes 5 0 ~ 7 ordinance 8 tWe have one other public hearing this even n8 8 Our proposed ordinance promdes new 9 and that Is to consider making a recommendatton to the 9 definitions and terms to better describe our current i0 City Council regarding an ordinance amending Chapter 35 of l0 technology It also provides standards that minimizes tht~ I l the Zoning Code of Ordinances to add Article I l, Denton I l wsual impact by encouraging stealth designs and 12 Teleeonunumcatlons Zoning Regulataons providing 12 co-locaUon It also requires a master antenna plan The 13 regulations governing the location of teleeommumcatlon 13 slide before you is a sample of a lattice-type tower Any 14 towers and antennas At this time, I'll open the public 14 new this will k~nd of give you a summary of what tile 15 hearing and ask Ms Ratehff m provide us with the staff 15 ordinance has Any kind of new telecommumcat~ons tower 16 report Oood evening 16 that is in excess of 180 feet m height must be located a 17 MS RATCL[FF Yes Sir Weneedjusta 17 mm~mtmlofoncnulefromanex~stlngtowerthat~s 180 18 moment or two to set up We have a Powerpoint 18 feet So tins puts separation between the large towers 19 presentation for you 19 On these large lattice towers you can have what are called 20 MR ENOELBRECHT sago 20 whip antennas, panel antennas, dish antennas, and of 21 MS aA'mUFF we're ready 21 course, you're gems to have equipment buildings with each 22 MR ENOELBRECHT All right 22 career that ~s on the antenna or tower 23 Ms RATCLIFF Yes, sir, before you this 23 Teleeormuumcatlon towers that are in excess el 24 evening we have a public hearing to consider amendment to 24 50 feet in height and monopole towers that are in excess 25 Chapter 35 of the Zoning Code of the Code of Orthnances 25 of 85 feet m height are permitted m all of the Page 6 Page 8 I Specifically, we're requesting to amend, to add Article 11 1 nonres~denttal districts with an sup Aa SUP Is a 2 which would be called the Denton Telecommunication Zoning 2 specific use permit that, therefore would requu'e a 3 Regulations This would govern the location of 3 pubhc heanng and it would go come before the Planning 4 telecormnumcatlon towers and antennas Currently our 4 and Zoning Conumssion and City Council and the sun'oundmg 5 Zomng Ordinance defines radio television, or rmcrowave 5 property owners would be noticed 6 towers it wdl show up here The definition that we 6 MR RISHEL YOU smd nonresldenttal Is that 7 currently have is a very bread defimnon It was written 7 correct7 8 well before cellular phone, cellular antennas And we're 8 MS RATCLIFF Yes slr 9 hawng technical dlfficulttes 9 MR RISHEL ^llowable in ali nonresidential [0 MR ENGELBRECHT TI~ wo are 10 w~th an suP~ l I MS RATCLIFF There's our defmttlOn It's l I MS RATCLIFF If It s a teleconunumcation 12 my understanding this deflmtlon was wrlaen in 1969 12 tower and tt's m excess of 50 feet or if tt's a monopole 13 With this definition, it makes it very difficult for staff 13 tower and tt s m excess of 85 feet they are penmtted m 14 and anyone interested in putting up any kind of tower, 14 the nonres~deatml districts as an sup If you have a 15 antenna or dish of any kind to really know how to 15 free standing monopole -- if you have a tower such as 16 regulatolt CltyCouncdhadaskedstaffmMarehto 16 this tt'safreestandmg and ~t ls less than 85 feet m 17 make a report Staff made a report and Council directed 17 height m a nonresidential d~stnct it is allowed as a 18 staff to draft an ordinance and bring it before the 18 ma~n' of right All they need is a building permit 19 Planning and Zoning Commission for consideratton And, 19 MR RISHEL once again, nonres~denttal is 20 therefore, have your reeoim'nendauon and forward it on to 20 that right? 21 City Council 21 MS RATCLIFF yes slr On your monopole 22 The draft ordinance that's in your packet this 22 towers you can have the wh~p antennas, the panel 23 evening is based on the Telecommunications Act of 1996 23 antennas, the thsh antennas and, of course, for each 24 The North Central Texas Councd of Oovernments drafted a 24 carrier you m going to have the equipment buildings If 25 model ordinance and our City at~reey's office drafted a 25 you have a self supporting or a tower that is held up by PLANNING AND ZONING COMMISSION J' ..... 2000 Page 5 - Page 8 8. CondenseltTM Page Page 1 I the gulde[lnes that Is more than 20 feet in height, it's I MS P,~TeLt.=F ^nd if you do have th~m then 2 not allowed m any residential zoning district So what 2 there are setback requirements 3 that means is if it's less than 20 feet in height, it's 3 MR ENOELBRECHT Any other questions at th~s 4 allowed m the residential districts 4 t~me, Commissioners? Okay Thank you Ms Ratchff Go 5 Also, these regulations do not pertain to 5 ahead 6 amateur radio operators so if you have your -- an amatee 6 Ms P. ATCLtFF The slide before you is an 7 radio operator, you have a tower at your home, that's 7 example of a monopote tower with an array antenna on th~ 8 per~nltted We are not allowed to regulate that 8 top And there ~s the equipment building on the bouom 9 MR RISHEL Let me back up a little blt The 9 In this case, there Is a security fence around the bottom 10 pole with the guides, with guide wires is allowed where? i0 Th~s ts a specific example there's a chain hnk fence m 11 And is there a height? 11 tile draft ordinance that is before you You arc not 12 MS RATCLIFF If it's less than 20 feet tn 12 reqmred to put a sccuray fence around it, but If you 13 height 13 are, there are ccctam specific standards It can be a 14 MR RISHEL Can you give me an example of' 14 chain hnk or wrought iron and landscaping reqmrcments 15 that9 Where do you see tower applications less than 20 15 If ~t is an sup they will have to bnng forward to you 16 foot9 Is there an Industry that uses that'~ 16 the landscaping plans copies of the elevations of the 17 MS RATCLIFF I would say the Industry will 17 eqmpment braiding to show as color and how it's gmng to 18 try to usc whatever it needs necessary for ItS customers 18 f~t within the area, if it's camouflaged and so that wdl 19 If there's a dead spot and that's all they can get and 19 be up to your d~scretlon 20 It's tn the middle of a residential area, they wouId 20 In the draft ordinance that's before you, 21 probably want to put a tower that's only 20 foot because 21 there's defined building raeunted antennas and roof mounted 22 you're going to have dead areas and you're gems to want 22 antennas You can have wh~p antennas -- let me see if 23 to provide coverage 23 there's another shde here which Is on the far left 24 MR RI~JHEL okay When we talk about a 24 They are pcnmtted on nonresidential buildings and 25 tower, we're tall~ng about something that's based on the 25 multi family dwelhngs in ail zoning d~stncts prowded Page 10 Page 12 I ground as opposed to smnethmg that might be mounted on a 1 that it does not exceed 15 feet or daes not exceed 15 2 braiding? 2 percent of the braiding height Panel antennas which do 3 MS RATCLIFF It could be that's what a 3 not extend above the structure, or whip antennas 15 fcct 4 tower Is Yes, it's mounted - I mcan, it's from the 4 or less in height are perma~xi on conforming billboard 5 ground up 5 stcactures If you have a concealed or camouflaged panel 6 MR RISHEL okay 6 antenna, they are permitted on all nonresidential 7 MS RATCLIFF But some of these carry -- most 7 buildings and multi family as a mawr of right They 8 of these are going -- 8 would just need a braiding permit to be issued 9 MR mSHEL An antenna could be on a building 9 If y'all have any questions, just stop mc at 10 though? l0 any time This is an example of one of the mumc~pal f~re 11 MS RATCLIFF YeS, an antenna 11 s~at~ons and you can sca their antennas A lot of your 12 MR RtSHEt, OO back for me about the poles 12 municipal facilities and even some of your users that have 13 and the guide wires and what sort of h~ghts are reqmred 13 use radio, they're gems to have different types of 14 there and where they are residentially permitted and where 14 antennas Usually you can have a wh~p antenna you can 15 they are eot, just above that part you were you 15 have a panel antenna and some of these users even have 16 mentioned something about poles with guide wres 16 the U~wers addmonally such as the cable company 17 MS RATCLIFF Rl~flt You can have a 17 In your res~dentml areas, typical are small 18 self-supp0rtlng pole, which is a monopole or you can have 18 dish antennas We have regulations drafted in the 19 a tower wluch some towers, thesr support a~ the guide 19 ordinance regarding those, regarding the SlZ~ What we've 20 wires If they are more than 20 feat in helght~ they are 20 tried to do is ~n thc residential areas as long as the 21 not permitted In any reslden~al zoning district 21 s~ze is somewhat reasonable, you don't need any kind of 22 MR RISHEL SO nothing With guide wl~ OVer 22 pcraur But ~f the size of the d~sh is so large - it 23 20 foot Is pcmutted residentially? 23 really prohibits the large dishes anymore And most of 24 MS RATCLIFF In residential districts 24 the manufactor~s, you don't have the large dish antennas 25 MR RISHEL That was my question 25 anymore for home use PLANNING AND ZONING COMlVflSSION 9. 6, 2000 Page 9 - Page 12 CondensoItTM Page 13 Page 15 I MS GOURDIE HOW would the homeowners know I sure I'm following Was there a specific type of antenna ~ 2 what's the appropriate d~sh to usa being that you just -- 2 MS RATCLIFF well, there's one mounted on 3 people have older dishes They bnag them homo They 3 the roof 4 travel with them and so forth HOW would they know they 4 MR RISHEL Rlght 5 were not In comphence with tho ordinance? 5 MR REtCHHART That 15 percent only pertained 6 MS iL~TCLIFF Any of die dishes or antennas 6 to electric utdlty poles, light standards, and existing 7 or towers that are existing are not required to meet the 7 teleeommumcatlen towers It did not pertain to 8 current requirements or the draft requirements They're 8 buildings 9 grandfathered 9 MR RISHEL NOW I'm more coafllsed I thought 10 MS OOURDIE 80 I glless what my question is l0 your job was to clarify ~t 11 Is If a nets' person comes Into town, they've got a bls 11 MR REICHHART well, on page 8 of the dralt 12 dish Tlley see their next door neighbor has one and they 12 ordinance under wood panel antenna mounting standards 13 put one up How are we going to regulate who actually has 13 MR R[SHEL Yes, sir 14 than right now and know who's really grandththered and 14 Ma REtC:-:HART the antennas are allowed on 15 who's tho new neighbor in town? 15 existing eleetr~c utthty poles, light standards, and 16 MS RATCLIFF I m trying to think how to 16 telecommumcatten towers tn excess of 40 feet in height 17 appropriately answer that for you I mesa, them are 17 provided that the total length of any antenna dces not 18 going to be instances where we're not going to know 18 exceed 15 percent of the height of the struetare So thc 19 they've come in 19 structure ~s not a building m that case so it doesn't 20 Ms OOURDIE It JUSt seems confl~ctmg 20 pertain thc 15 percent rule doesn't come into play lor a 21 MR POWELL I think maybe tho answer to that 21 fire stat~en or any building It's JUSt existing poles 22 question is I think the market Is that the small antennas 22 and towers and such 23 ~s what people are buying and what is being sold I don't 23 MS P.*,TCLtFF NO On wh~p antennas, furthCT 24 know -- I guess that there's a possibility that semeeno 24 down whip antennas are permitted on nonresidential 25 could take an old big antenna and try to move tt but the 25 buildings and multi family dwellings in all zoning Page 14 Page 16 1 cost of these small ones and the services that you get 1 thstncts provided it does not exceed 15 percent of the 2 with the, small ones, I think that's what we're going to 2 building height 3 see predominantly and not the big ones 3 MR REICHHART oh, I'm sorry 4 The other thing, if you looked at most deed 4 MS RATCLtFF If these or whip antennas 5 restrictions, they don't allow the big ones anyway So, 5 exceed that height, they are grandfathered 6 yes, there's a possibility but I tlunk it would be a rare 6 MR R[SHISL That's the question I'm not 7 occurrellce to have that happen 7 quite sure I saw the grandfathenng What page ~s 8 MS GOURDIE Thank you 8 grandfathermg on? 9 MS RATCLIFF The dish antenna mounting 9 MS RATCLIFF I vc got it underhned hem 10 reqmrements are found on page 9 of the draft ordinance lO Okay It's on page 4 pre-existing towers and 11 MR RISHEL Could you go back to year slide 11 pre-existing antennas shall not be required to meet thc 12 of the fu'e department, back one slide, maybe it was two 12 requirements of this ordinance It's at the bottom under 13 slides There If that was a business, how would the 15 13 apphcabthty 14 percent of the building height come in'> Is that the type 14 MR RISHEL okay 15 Of antenna'> I'm not quite sure when you talked about th 15 MS a~'rcc[Fr Also, as a matter of 16 15 percent of the braiding height and the antenna 16 mformat~on telecommunication faclhttes reqmnng an sc [, 17 structure And would this comply or would this need a 17 or rezomng Including towers and related equipment 18 special use if this was something other then the City of 18 bmldmgs shall be located on a platted lot unless an 19 Denton9 19 exception is g~anted by the Planning and Zoning 20 MS IL4.TCLIFF I would say this complies 20 Commission 21 because it's in u nonresidential area And I could not 21 MR ENGELBRECHT We have a question Mr 22 tell you from the shde the height of the antennas 22 Moreno 23 MR RISHEL I was trying to apply that 15 23 MR MORENO YeS Same page 4 under amateur 24 percent of the braiding height with that and it looks like 24 radm operators, receive-only How do we know an antcm~a 25 It's at least as tall as the building so I'm not quite 25 is a receive only? Do we walt until somebody complaau PLANNING AND ZONING COMlVHSSION .V ..... ,2000 Page 13 - Page 16 10 CondcnseltTM Page 17 Page 19 I about somebody transmtttrag, using that antenna? I with and they typically work with each other became 2 MR RISHEL The KGB probably 2 company A m~ght have to locate w~th company B But in thc 3 MR MORENO I was just wondering how that 3 next community, n's just the opposite Company B ~s now 4 would work m practice 4 looking for a tower that company A has And they thc 5 MS RATCLIFF It would be, and this ts my 5 first thing they do they look to co-locate because they 6 understanding so tt could be incorrect, they are licensed 6 would rather be able to get the tower up quickly as 7 by the FCC, amateur radio operators 7 opposed to build one 8 MR MORENO Yes, I understand that But this 8 Ms RATCLIFF Also With co-location they do 9 apphas to either amateur mdto operators or receive-only 9 not have to come before the Planning and Zoning Cotmms~mn 10 antennas Is the way I'm reading it I0 or City Councd Ali they would need Is their building 11 MS RATCLIFF If It was questionable, I tlunk 11 permit and 12 we would have to ask that that particular tower owner to 12 MR RISHEL Lease agreement 13 prove 13 [ns gnTCt. IFF Yeah That's what they're 14 MR MORENO That it's a receive-only, that tt 14 looking for That's their nmnber one goal is to 15 doesn't have transmit capabflmes9 15 co locate 16 MS RATCLIFF Yes, sir 16 MR MORENO Year next goal encourage users 17 MR MORENO Okay I have another kind of a 17 of towers and antennas to locate to the extent possible m 18 general question Under page 2, I thmk these goals are 18 areas whom the adverse ~mpact on the commumty ~s 19 very admirable They're concise I think those are good 19 mm~mal I think that's another good goal but, again I m 20 But I'm wondering how some of those would work In 20 wondering how that works m practice Who's going to 21 practice For example, No 4, encourage the joint use of 21 determine that the adverse anpact is mom than minimal 22 new and existing towers sites as a primary option What 22 that it's something bad? 23 would the City do to encourage that t3,pe of activity or 23 MS a.¥rcLtF~ t think that would be addressed 24 behavior? 24 m the master antenna plan Especially when an sue ~s 25 MS RATCLIFF well, when you approve a tower, 25 required, they're wanting to build a new tower, ~t Is iht Page 18 Page 20 I part of the approval process ~s that they provide et least 1 applicant's responsthlhty to prove that, one, the tower 2 a mimmum for two other canners to locate on th* tower 2 ~s necessary and that it fits w~thm the area that n s 3 MR MORENO okay I guess I m~ssed that in 3 proposed to be located With thc master antenna plan 4 the ordinance Is that part of the la.ce-type of tower 4 he's reqmred to show surrounding land uses He's 5 strategy so to speak'/ 5 reqmred to show the location of the nearest towers to 6 MS RATCLIFF If you look on page 6 under 6 g~ve you an idea to help you make a decision to see it 7 Item C, tower shall be designed and built to accowanodate a 7 th~s fits where they're proposing to locate ~t 8 mlmmmg of two cellular or Pcs prowders if over 75 feet 8 MR MORENO And this antenna plan will be 9 In height 9 rewewed by whom, somebody on our engmesaung stall'~ 10 MR MORENO okay 10 MS RATCLIFF Ix~pendmg on what the request 11 ~s gATCLtFF tn regards to how you would 11 ~s for, ff it's techmcally beyond City staff, thoro ~s a 12 encourage, ff they don't provide the two, or ff you so 12 prowsion in here that - let's see - technical 13 dcsirc m0rc carriers, you could deny If it's an sup you 13 assistance can bc -- this ~s on page 5 under Item C Whoa 14 could dc'ny *hat 14 the technical information provided by the apphaant is 15 MR MORENO ac we're doing more than 15 beyond the techmcal capacity of C~ty staff to review the 16 encouraging We'r~ requmag at least two earners 16 applicant in addmon to the usual apphcatmn fees shall 17 MR RISHEL They have to stoke a deal, too, 17 reimburse the City for thc actual cost to thc C~ty for thc 18 though 18 services of a technical expert to review the apphcatmn '19 MR ENOELBRECHT well fliey have to provide 19 and/or mfomiat~on supplement up to a maxanmn el 20 the capabd~ty 20 $5,000 O0 21 MR MORENO Iaea 21 MR MORENO Interesting Okay Thanks 22 MR gNOELBRECHT someane may not come 22 MR ENOELBRECHT I beheve we have another 23 on-beard 23 qucstlon Ms Oourdie 24 MR REICHHART In my deahngs w~th providers 24 MS OOURDIE Thank you I have two 25 m other communmes, they looked to co locate to bcgm 25 qucstmns Thank you One would be under what Mr Merino PLANNING AND ZONING COMMISSION J-Iff'" "" 2000 Page 17 - Page 20 11 (~ondcnscltTM Page 21 Page 23 i was spe,~klng about, th~ goals to tmnlnuzo tho nmb~ of I MS ~URD[E T~t's V~ m~tmg 2 towns ~oughout ~o co~unl~ Bomg ~at ~ a~ 2 S~ondly, thc smbllm~ of ~csc ~w~s ~t ~f one 3 d~clopmg ln~ a world of co~umcations ~t we do ov~ 3 w~ ~ fall ov~, dama~ ano~ p~son's prop~ how 4 ~ pho~o and faxes and so fo~, ~ ~ow ~at ~e ws~on 4 a~ ~e o~ p~plc ~at ~ w~n ~s 185 f~t or th~ 5 ~s cvcn~alIy going ~ bo to~s ~h~ ~ ~ going 5 20 f~t or whatev~ what k~nd of pro~t~on do fl~ey ha~ ~ 6 to have a maximin nmb~ of to~s p~ m o~ Ci~, 6 against ~esc landown~s who a~ ~ntmg out &e*r 7 ones ov~ 180 foot? ~ we just going to let a mana~ 7 prop~ for ~c use of a co~umcat~on an~na9 8 ltscl~ B~ausc ~plc don't ~e ~ look of ~hone 8 S~c~ally, not ev~mg ~s p~f~t S~I ~cnmally 9 pol~ ~ s~ messy and d~rW and eventually we'~ 9 gives way 10 going to ~t to ~e point wh~ ~'s so many 180 foot 10 MR REICHH~T Tho monopolc ~w~s and I 11 mw~s a~d ~s many towns and ~s tow~, a~ ~ going 11 behave ~cn fl~o guide ~w~s a~ d~ign~ ~f they do 12 to just ~n rote a c:~ of ~w~s? And how do ~ 12 collapse ~ m~ally collapse as oppos~ or they 13 m~nlm:~ ~t as ~c goal? 13 have b~kpomts m ~mn ~ am des~gn~ to wah~tand 14 MS ~TCLIFF ~ause ~'S s~aratton 14 ~o ~nches of :ce ov~ ~ entire s~c~ And the last 15 ~ul~cnts that's going to l=:t yo~ nmn~ n~t 15 ~at I knew, at l~st m ~e o~ con~um~ I was m 16 th~ ~ytow~thatcom~bcfomyou you'll~ 16 ~hadnev~b~na~o~amplcofamonopoZ 17 ~:~:ng ~at ~ m addition ~ ~o adjacont 17 ~w~ failing 18 s~oundmg towns You're going ~ be loo~ng at ~at 18 I would assmn~ ~at &o hom~wn~, ;f a fell 19 It's basically going ~ bo up m ~o P~nmng and ~mng 19 on some pro~ or so~mg, would ~at ~e o~ act of 20 Co~lss:on and C~W Council to l~lt &at nm~ 20 ~e tow~ would be hablc to fix ~t or ~ou~ ms~anc~ 21 MS OO~DIE I 8u~s my probl~ Is ~t 21 or you know, private m~ns 23 counc*ls and a lot of p~ple s~ ~ls as a ven~ ~ make 23 prop~W own~s 24 mon~ Prop~ own~s lmsc ~c pro~ and ~cy make 24 MS OOURDIE well, Is ~ ms~ancc m th:s 25 mon~ off of it and we know ~at ~'s cho:c~ ~at am 25 indus.? Do ~mc to~ own~s have ~ ensm ~c~r Page 22 Page 24 I somct~m~ mad~ ~at am to gt~c ~at preen ~ I ~mpment? Do the pro~ own~s who am I~smg th~*r 2 oppo~mW to make ~ mon~, not what's always thc 2 prop~ to ~:s P~ co~umcat~on -- 3 benefit of ~n~n ~mt's not always visually co~t, so 3 MS ~TCLIFF I don't know the answ~ to 4 to spmk, for ~ way ~n looks 4 ~at 5 I'm just conc~ ~at ~'~ gmng to ~d up 5 Ms oeuvre I just fred a fascma~n8 ~at 6 w:th ano~ bfllb~rd ~ssuc wh~ you know, ov~ ~ou~ 6 we're opening up an oppo~mW ~ ~e mon~ for p~ple 7 ~ had ~ foot b~ ~ch bdlb~d, we still -- ~'m 7 m make mon~, and we're not ~lly l~kmg at all the 8 mfiltra~ wl~ lots of b:Hboards W~ had to come m 8 impact ~at's happening h~ So I'm kind of concern~l 9 and say, no mom billboards I don't want any p~son who 9 and ~at's wh~ I'm ~dmg And I'm not you know 10 sl~ on any co~lssmn ~ hoard ~ ~ve to go ~ugh a 10 I'm just asking questions 11 bfllb~Mban AndI~mk~tw~n~,tf~'m ~11 MS~TCLIFF Y~,ma'am 12 actually going to do ~;s, ~at ~ n~ ~ aemlly s:t 12 MS OOURVIE Thank you 14 have m o~ c~ and put ~t fought and put It out 14 MR RISHEL Yes, Sir 15 ~ And ~at's why it's conc~mg mc b~ause ~c goal 15 MR ENGELBRECHT YeS, ~ Rlshel 16 sounds ~t but knowing w~t cn~c~sm is and 16 MR RISHEL I ~ess one of my con~s zs th~ 17 cv~mg like ~at, we're going ~ c~ a stmatlon 17 fact ~t ~e mdus~ is obwously v~ dyn~c and what 18 that's going - 18 we have ~day may not be the product of ~mo~ow And I m 19 MS ~TCL[FF It lS my und~smnd~ng 19 conc~ ~at if 15 y~rs from now or 20 y~rs from now 20 according to ~ Tcl~o~umcatmns Act of 1996 ~at you 20 ~ abandon ~c t~hnolo~ ~at ~ put m m ~e 90 s 21 cannot ~lt a sp~lfic nm~ of ~s You can 21 and ~o 2000's, would wc have a m~hamsm ~at th~ hay ~ 22 ~la~ ~B loca~on but you cannot hm~t ~c nmb~s 22 ~ rake ~csc ~w~s down ~f &~'~ no lon~ us~ or 23 MS GOURDIE okay ~d &at's v~ 23 off~t~ve or a pa~ of ~c~r sys~? And ~at would be el 24 int~tm$ 24 conc~n ~ mo 25 MS ~TCLIFF That's my un~smn&ng 25 MS ~TCLI~ On pa~ 7, &~ Is I~ H on PLA~G A~ ZO~G CO~SSION ~ .... 2000 Page 21 - Page 24 12. CondcnscltTM Page 25 Page 77 I the top half under abandonment, there ts a provtslon that I MS RA'rCt. II:F Most of the earners or 2 if a tower or antenna support structure has been 2 providers, in an effort to I think that's been the 3 dlscoattnued for a ported of 360 days, it shall be deemed 3 trade off with the cmea is that they are deatgmng the*r 4 as abandoned And upon the determination a has been 4 antennas and their panels to be able to be camouflaged to 5 abandoned, tho owner or operator shall remove within 90 5 match the budthng colors so that you can't see tbem m an 6 days of receipt of nottce from the Building Inspeatloos 6 effort to allow more of those type antennas to be 7 Division 7 allowed I think the industry itself ~s encouraging that 8 Ma. RtaHEL And If they are not in existence, 8 MR RiSHEL okay So to pair up w~th that 9 we take them down as a community, can we recharge them for 9 question is, obviously we operate our own electrical 10 that9 10 system, I see a lot of antennas that are physically eaher 11 MS RATCLIFP Yea It says if sald antenna 11 a part of the mam power pole structure or they're 12 support structure ts not removed within 90 days, the 12 contained w,thru the power pole structure as a separate 13 budding officml may cause it to be removed at the 13 pole but st*Il a part of it because thc visual 14 owner s expense 14 archltcctura was already interrupted Have we done that 15 MR RISHEL If there's an enhty that we can 15 within our communay in the contracts and the agrcement~ 16 collect from? 16 that we have made so far? 17 MS RATCLIFF There's another area that would 17 MS RATCLIFF Are yOU talking about carriers 18 also address that point Let mo find it Wharens, if it 18 that want to locate on City property'~ 19 has to be rebuilt or tf the technology changes or the 19 MR RISHEL Yes 20 structural standards change - lot's see I'll keep 20 MS RATCLIFF I could not answer that I'm 21 looking for that while y'all are thmkmg of some more 21 not aware of what those different -- 22 queahoos Thcre's somcthmg in hare to that offcct Do 22 MRMART[N comm~ssloner, I can toll you that 23 you hay© any other questaons? 23 there's at least one or two agro:ments in which we have 24 MR RISHEL tt seems like as I look across in 24 pole agreements with a private industry who wants to put 25 other communities that, eapenially in the Colorado area 25 their antennas on thc poles I mean Page 26 Page 28 I and tho west coast that there's been a veal effort to I MR R[SHEL [t seems hko a natural 2 combine towenng with existing power poles to combine and 2 MR MARTIN Yeab Well, thc tbang about ~t 3 camouflage towenng to look like trees or part of a 3 is that most carriers are always looking to put their 4 structure You see a lot of things in the downtown Dallas 4 antennas somewhere that's already built because, you know 5 area particularly with panels that are mounted to the 5 you can build a tower and ev~cythmg, but, of course 6 building and you can barely tell them as an architectural 6 that's a lot more capttaI expense for them So they're 7 clement from a panel antenna 7 always looking for a cheaper alternative and so they're 8 I'm not quite sure if we are addressing that 8 looking for ways to already attach it to things that are 9 as vigorously as we should as a community And how do we 9 already built And pole agreements is a natural because [0 go about making sure that that mechanism Is applied to and 10 other people have done it for other things besides thc 11 adhered to as much as possible camouflaging in 11 telecowanumcatioo antennas and so that's been done i 12 particular? 12 know there's at least one agreement I know of in which 13 MS RATCLIFF Are you talklog about the 13 ~t's a talecommumcation earner who want~xl to do a pek 14 towers themselves or hko the panel antennas or the whip 14 agreement And it took a long -- in fact, I'm not sure ~f 15 antennas? 15 it's actually been completed completely because it's taken 16 MR RtSl-IEt, yeah, both I see a lot of panel 16 a long Ume to get the agn:ement down to whare everyone ~s 17 antennas that you really cannot tell from an architectural 17 satisfied with it But I know that we have negotiated 18 feature of the butldtng and I want to find - and we talk 18 quao a long time and this particular earner had wanted 19 about encouraging that but I don't know if we're 19 to have a pole agreement 20 implementing that process and I'm not quite sure I 20 MS R,',?CLU:F on page 9 at die top under Item 21 understand what typo of systems are using thc panel ~ype 21 E it talks about building mounted panel antennas The 22 systems Is that strictly an m-house system from the 22 last sentence says the antenna's appearance shall be such 23 business location that would usc that type of thmg or is 23 that its color and texture blends with the surrounding 24 that another oommumcatzoo tool that's more widespread 24 surface of the building So wc do have that as a 25 than I've been lead to behave? 25 reAtulr~ment in this draft ordinance PLANNING,AND ZONING COMlVflSSION Jr 13 2000 Page 25 - Page 28 CondenseltTM Page 29 Page I MR RISHEL okay, Commlssloners, oth~ I MR ENGELBRECHT That leads to my next 2 quest:ohs at this tune or, Ms Ratohff, do you havn 2 question Do we have the abihty, and I don't know that 3 additional presentation? 3 we do, to reqmre that they have funds in escrow to cover 4 MS RATCLIFF NO, sir In the back of your 4 removal in the event that they abandon their facility9 5 packet towards the very last page of the draft ordinance, 5 Ma MARTIN t m not an expert and I 11 try to 6 there ~s a -- it's noted as page 12, this Is mislabeled 6 get a deflmtwe answer but I don't think we do because 7 but It shguld JUSt - this is a chart that gives you an 7 the way thc Telecommumcatlons Act was drafted and thc way 8 idea of what types of towers or antennas are allowed In 8 - m fact, the language that s in this ordinance is 9 which districts This is a summary of the draft ordinance 9 d~rectly from that When ~t talks about placement l0 that's in your packet This chart ~s not mteaded to be a 10 construction and mothfications, that's the exact language 11 part of the urdmanee 11 from the Telecommunications Act And essenttall) that's 12 MR ENC}ELBRECHT Right I understand 12 what they say we can regulate those particular avenues 13 MS RATCLIFF III be happy to entertain any 13 which is the placement the construction and the 14 other queatlons that you might have 14 mothflcatxon of the plecemeat and towers themselves And ! 5 MR ENOELBRECHT Yes Did you have some? 15 that's what the local authorities are given the abiht~ 16 MR RISHEL Question On your page 9 under 16 Now the quest:on I can't I can ask if thc FCC reqmres 17 thc B part of that, where it says ground mounted antennas 17 thc insurance of the towers because there s a myriad of 18 m excess of five foot ur 1 5 meters m height shall be 18 federal regulaoons that apply to the careers and wbat 19 screened Ifrom roadway and adjacent property by a munmum 19 they have to do 20 of a sm-foot high screening fence And that's a minimum 20 MU ENOELBRECHT well let me put it th~s 21 of slx-foot h~gh A~ we wanting to unply that If we had 21 way I would like to see them, before this gae~ ~o 22 anything over five foot if it went 12 foot or l 5 foot or 22 Councd that those two issues be reviewed the issue of 23 whatever else, that the feaee would have to be in some 23 liability insurance and the issue of the escrow of funds 24 ratio of that7 The minimum says six-foot m minimum, so 24 to provide for reanoval of these things Th~s is one of 25 hnw high can we make that fence? 25 those sorts of areas where I sea you cunld have a rap~d Page 30 Page 32 I MS RATCLIFF Eight feet Anytlung above I turnover and th~s industry can come and go and companies 2 eight feet has to be engineered As a matter of right, 2 can come and go Granted a structure as long as there's 3 most cities, their Building Code only allows an e~ght-foot 3 demand out then: is going to have some value and someone 4 fence w~thout being engineered 4 else would probably want to come in and take it os er But 5 MR RISHEL That answers that So if they 5 what we see in th~s whole telecommunications business ~s 6 had a 15-foot antenna and an eight-foot fence, that's 6 very rapid change m technology And as quick as )ou have 7 okay? 7 one technology m place, all of a sudden, a's obsolete 8 MS RATCLIFF Yes, sir 8 and we could wind up -- I think mumcipaht~es in 9 MR RISHEL Thank you My point exactly 9 general, w~nd up with an awful lot of towers around xt 10 MR ENGELBRECHT MS Oourdre i0 we're not careful 11 MS GOURDIE Actually, do you have a 11 Another question I have has to do with 12 question? 12 bdlboards How did we come to have language in here to 13 MR ENGELBRECHT I d~d have some but that's 13 allow these on billboards? Is this because North Central 14 all right 14 Texas Council of {3overnments had that m there9 15 M~3 GOURDIE I'll wmt for you You get a 15 MS RATCLIFF That Is my understanding 16 turn I feel bad for you not being able to say anything 16 MR ENOELBRECHT [ See thlS as a ' 17 MR ENGELBRECHT well, thank you I do have 17 billboards are one of those things that there's competing 18 a few questions As I understand it, there ts no 18 groups out there who some would like to see them stay 19 requirement for the applicant to have any sort of 19 many would hke to see them go I personally don't ~nk 20 habflity insurance We're not requ~nng that, that they 20 that they provide anything for our City in any sort of 21 would have to have ~t m order to be penmtted to have the 21 means They don t do anything to our image on our 22 tower 22 interstate And if we allow towers on these we are m 23 MS RATCLIFF We are not reqmrmg that It 23 essence, extending the use to another use wbach~ over the 24 ts my understanding we don't have the ability to require 24 long term to me, you have now an argument that you can't 25 that 25 get nd of it because it has a secondary use, which ~s PLANNIN{3 AND ZONING COMMISSION ..... ~, 2000 Page 29 - Page 32 14 CondenseltTM Page 33 Page 35 I much more important because ~t's a conlmunlcatlons use, I MS RATCLIFF That's correct 2 telecommumcatlons use And I personally don't think we 2 MR ENGELBRECHT SO what if we're next to a 3 need to have that tn this ordinance at all 3 residential subdtvision'~ What I'm seeing here is my 4 MS RATCLIFF well, it doesn't say towers are 4 concern ~s that there are situations where they could come 5 allowed on the billboards It says the panel antennas or 5 in by right, they don't have to screen, they don't have to 6 the whip antennas 6 do anything, and we rmght have wanted some screen 7 Ma l~tqOm~BV. ECa'r sure Anything 7 somethmg to block at street level We have no way to do 8 MR RISHE[ BUt it strengthens their -- 8 anything, as I see it 9 MR ENOI~LBa~2HT Anything It changes a 9 MS RATCLIFF Let me thmk about that one for 10 billboard from being a billboard to being a communlcaaons 10 just a moment 11 tower which all of a sudden, you have a second use, you 11 MR ENGELBRECHT In other words, there could 12 now have a strengthened reason to retain the structure 12 be a site where, from the public -- tt would be best from 13 on sac And I think we are making a big mistake by 13 the public perspective, nnage perspective, et cetera, If 14 putting anything, allowing anything on billboards 14 we had some sort of screening 15 And a couple of other items The screening of 15 MS RATCLIFF On page 7 -- 16 the towers on page and I had n marked and than I've 16 MR ENGELBRECHT And I may have missed 17 losta Now, IthmkWs9 Isagwberewetalk 17 somethmg 18 about the screening? 18 MS RATCLIFF Lnder Item - Section 35421 19 MS RATCLtFF Page (5, Item D 19 under B, it says telecommunication towers are not 20 MR ENOELBRI~CHT Yes Okay Tbas says that 20 permitted In any residential zoning district and must be a 21 a security fence, if installed it has to be a certain, 21 minimum of 3 to 1 distance to height ratio from the 22 certain eertom, and it will have to have evergreen hedge 22 smgle-famtly residential district and a I to I distance 23 or masonry wall, etcetera Does thls mean ifthere is no 23 hetghtratlofromamultt-famdydlstnct Serf you're 24 security fence, we're not requmng screening? Have we 24 going to have a tower, it's got to be a certain distance 25 wntlen ourselves in a hole, m a comer here Is what I'm 25 away from the stngle-famfly area And whether this Page 34 Page 36 1 wanting to know? Can we write it so that we may want to 1 separation distance ~s acceptable to you -- 2 require screening and got necessarily the security fence 2 MR ENGELBRECHT There's two questions now 3 depending on thc situation? What I'm thmkmg is that 3 MS RATCLIFF l mean ff you have a tower 4 there are a lot of dlfferent situahons out bere There 4 that's 100 feethigh it s got to be 300 featawey 5 may be somewhere we would hka to see screening but we may 5 MR POWELL ,,,nd I think your question is if 6 not necessarily want to request the fence That's an 6 they don't have a fence, do they shll have to do the 7 added cost and it may not be necessary Am th~ 7 screening where they re penmtted by right 8 separate? Are we allowed 8 MR ENOELBRECHT Yes 9 MS RATCL[FF They an~ not reqmred to fence 9 MR POWELL And the answer ~s no as currently 10 mtbearea Thamajorayofthemlwouldsey--Iean't 10 drafted I thmk we could change that Obviously ara l I th~nk of any that does not because they want their 11 m~mmun~ riley have to do screening whether they have the 12 equipment buildings secured But they are not required to 12 fence or not I dunk the ~x ay this is written ~s a's not 13 put the sareenmg fence up 13 requlnng a fence but I do believe it's one of those 14 MR ENOELBRI!CHT NO, but If they camo in, for 14 cases that I would be astounded if there isn't a seeuray 15 an example, for an sup well, if they came in for an 15 fence But, again it s wltl:nn the realm of possibd~ty 16 sup we can do what we want to do anyway 16 so I think to get to your point that we'd have to amend 17 MS RATCLIFF Yes, sir Under thc 17 th~s to say that, at a mm~mum they have to put the 18 applications on page 5, they're reqmred to show the 18 screening regardless if there s a fence or not 19 method of fencing and finish color if applicable, and the 19 MR ENOELBRECHT At least it seems to me that 20 method of camouflage and fllummat~en If they don't show 20 we should have screening from the public right-of way at a 21 any and you so desire them to have any, you can make that 21 certain thstance and I don't know what that distance ought 22 a condition of the sup 22 to be 50 feat 100 feet 150 Wc have some other things 23 MR I~NOELBR[~CHT okay But in a right 23 ~n other ordinances that talk about that Something to 24 In a zoning thstnct where they're allowed by right, they 24 reqmre some screening It doesnt mat~er what 25 don't have to screen 25 MR POWELL mght If ~t S seen from the PLANNING AND ZONING COMMISSION .F ..... ,2000 Page 33 - Page 36 15. CondenscltTM Page 37 Page 39 I public right of-way that okay I don t know that we really have that marked on any special 2 MR [~NOELBRECHT or, you know, If you have 2 form on our zoning codes or anything clsc It's not hke 3 that residential hne of sight for some reason If the 3 the a~rport We know that the airport is there It's 4 tower is short that doesn't change thc building That's 4 marked But do we have that helicopter landing pad 5 going to allow them to move m closer to tho residential 5 desiccated as such In a special manner so that when 6 district Buttheslz~ofthobuddmgcouldstdlbothe 6 someone comes m for example, fur an antenna penmt lhat 7 SaFOe If the tower Is 250 feet 7 it would be flagged and we'd look at it and go, well I 8 MR POWELL If I may, In what we arc 8 don t th~nk It's we won't put one hoe because thai ~ 9 proposing under the new Development Code Is that If the 9 in the fl*Chi path of this helicopter 10 use Is can be seen from a public right of-way or is 10 MS RATCLIFF It iS my understanding that v, 11 adjacent to residential, that they have to have the 11 not something that we would look at It Is my 12 screening And we could, I think, in that section add 12 understanding that when you have a designated hehpad or 13 that sentence or add that standard 13 heliport that you are under the F~A regulations so th~ 14 MR ENOELBRECHT It Just seems to me that 14 property owner is responsible for 15 that's been where we've s~n thc problems in the past with 15 MR ENOELBRECHT Yeah okay I heard thal 16 vananoe different sorts of things and it would seem 16 before when we went through this with the -- and the truth 17 appropriat~ to, particularly if we're puitmg that m the 17 is the FAA does not regulate that No one, no one 18 newCode, lt would seem - pat lt m this code 18 anywhoeregulateslt Itlsn't SoIguessthenIwdl 19 Also, do w~ have a statement, I didn't see one 19 say I would ask that the helicopter landing pad al 20 in hoe about -- something about access to tho tower 20 Denton Community Hospital bo noted on our zoning m'~ps and 21 Itself other than the screening? If we're not requiring 21 that somehow we need to flag that 22 security fence, are we saying you have to build this thing 22 MS RA'rCLIFF Are you talking for towers or 23 SO that some child can't walk up to it and cbmb right up 23 antennas or both9 24 the thing? In other words, it doesn't have any pegs on it 24 MR ENGELBRECHT I m talking for anything 25 for so many feet, something 25 that would be m the way of the flight path Obviously Page 38 Page 40 I MS RATCLtFF NO, sir, It does not This 1 the) re going to put some on top of the hospital but the 2 ordinance does not add.ss that 2 fl~ght path ls not over the hospital but it Is out from 3 MR ENOELBRECHT okay Thc question is 3 the ,,',est I behave And it would be very ensy for one of 4 should we address that? If we don't addr~s It hem, are 4 those buildings off It could be within its fhght path 5 we gems to adda~s it somewhere else or are we, in 5 To be coming in requesting a tower some sort of antenna 6 essence opening ourselves up for some sort of liability? 6 on top whatever We grant it not thinking about the 7 Just es aren't we required to have ordinances with regard 7 flight path of that hehcopter And I bring that up 8 to swunmlng pools? 8 because nobody's th~nklng about the flight path of that 9 MR MARTIN ThlS ord~nanoe does require that 9 helicopter, has been my c~penenoe And we need to 10 ~t meets national standards budt for those things 10 Somebody needs to other than just let ~t happen So can 11 MR ENOELBRECHT All right Before it goes 11 we in some way, designate that location and thc fl~ght 12 to Counod, would you please check the national standards 12 path'~ 13 to see if there is if the standard Is such that you 13 MS RATCLIFF I trunk we can attempt to 14 can't access them from the ground without special 14 Whether we're allowed to do that I'm not sure Bnt wc 15 cqmpment or whatever As a kid I'd love to find one of 15 can certainly aRempt to 16 these I would like to see that one done 16 MR ENOELBRECHT I think we ought to because 17 One other one, a couple of other points We 17 it ~sn t regulated really by anyone 18 havcnowaprlvatehehcoptorlandmgs~teat Denton 18 MS RATCLIFF well If the Telecommumcat~ons 19 Commumty Hospital and around that sits resldenttal -- I 19 Act of 1996 prohibits us from doing so then we would oat 20 mean, nonresldenttal zoning d~strlcts Will them be any 20 be able to 21 way for us to know if solu~one comes m and apphes for a 21 MR ENOELBRECHT I would sugge.~t that If file 22 tower permit or a whip antenna on top of a braiding? Do 22 Telecommunications Act of whatever prohibits us from doing 23 we have any mechanism to assess tbo impact that's going to 23 that that we do it and challenge the Telecommumcanons 24 have on that flight path gqven that that's a private 24 Act because that is a better approach to the safety for 25 facdlty and we don't really know about It? I mean, I 25 t.h¢ fhght of the bohcopter than not to do so PLANNING AND ZONING COMMISSION .Il 2000 Page 37 - Page 40 CondonseltTM Page 41 Page 43 i MR RISH~L Mr Ghau'man i pthng up wlul¢ I've been yakking away here Ms Gourd~e 2 MR MORENO Mr Chairman 2 MS aovanm You yakked very well though I 3 MR ENOELBRECHT Yes I'm sorry to drag th~s 3 agree w~th all hts points I th~nk that th~'re very 4 out 4 vahd espeomlly the one wtth the bdlboard And maybe 5 MR RISHEL t appreciate your questioning 5 on that sectmn on page - I guess it s page 9D about 6 ~ MR MORENO tmthmkmgofasltaat Bonme 6 conformmgbfllboardstructores maybelt should mclu& 7 Brae and Windsor, as well 7 something about that the bdlboard pohcy takes precedeacc 8 MR ENOELBRECHT well, I think that that site 8 over this policy so if I guess In thc billboard ban ~t 9 has ~ abandoned 9 says that tfa btllboard is destroyed, I'm not sure l0 MR MORENO Has lt? 10 It S 50 percent or more, it has to be removed, that these 1 1 MR ENOELBRECHT Yes Because I was 11 people can't build ~t back up because there's an aetcnna 12 follow,fig tlmt ~ssue The one at Bonme Brae and % lndsor 12 on ~t Somehow ~t has to say that whatever the billboard 13 has been abandoned and it was moved to the hospital 13 ordinance says or however it s wnttan, takes precedence 14 One other item, if I m~ght, has to do w~th the 14 That tfa's damaged th~s ts what happens If tt has to 15 15 percent rule And I wanted to make sure I understood 15 be removed or If the property la no longer a conforming 16 th:s For example, the fire station, let's say it's 35 16 property you have a billboard and it has to be remowxl 17 feet tall That would allow an antenna 15 percent of that 17 the tower does not take precedence over the billboard 18 or about five feet ~s that correct? So in essence then 18 ordinance 19 they collld get about a 40-foot you'd have one total of 19 Secondly I have a - I know you cununented 20 about 40-foot high on the building 20 about page 12 on this use map and I know "X" means that 21 MS RATCLIFF Most of your whip antennas I 21 thay can go ahead and put it tn without cormng forward 22 mean, they're one to 16 feet 22 that correct9 Is that how it's denoted? 23 MR ENOELBRECHT well, I know But if I read 23 MS KATCLIFF YeS, ma'am 24 th~s correctly, it says that the antenna itself couldn t 24 MS OOURDIE [ have a real concern with a 25 be more than 15 pere~nt of the budding height No;s 25 being just a come tn and do it k~nd of thing, being that Page 42 Page 44 I maybelI m~sundexstood th~s thing Have I mterpreted ~at 1 our town ts just filled wth PO s And actually a lot of 2 correctly? 2 them are very concerning tu me where they just can come In 3 MR REICHHART Yes 3 and do ~t And I know I reahze you smd the 4 MR ENGELBRECHT Okay So if a building is 4 Commumcatmns Act states that certain ones have t~ do m 5 35 feet high, 3 5, 1 5, about five feet is all the antenna 5 certain planes but I would prefer personally not to be 6 could be so that the total height would be 40 feet9 6 to hve next to a PO and then all of a sudden, just get a 7 MR REICHHART correct 7 tower put up because Ws a Planned D~velopment And I m 8 MS RATCLIFF Yes, that is correct 8 also under the assumption that if it's a PD If they conic 9 MR ENGELBRECHT NOW, I noticed tt seems most 9 forward to change tt or do something, we have to approv~ 10 of these whip antennas on buddings are more than -- I0 ~t So aren't we causing a conflict thom by stating 11 MR REICHHART They'll Just have to find i I what tf they did come forward and say, well, th~s ~s my 12 taller buddings to put them on Thai'sail 12 i,D This is what I'm gomg to do but I want to put a 13 MR ENGELBRECHT okay 13 tower m And we didn't feel that that was an approprmt~, 14 MR REICHHART And they'lljust Ix: 14 use for the property unnwesay, sorry, noantenna even 15 proportional to that building That's the ~dea 15 though he has the right to put one thom anyway? 16 MR ENGELBRECHT Yeah, I understand Was 16 MR REICHHART YOU have tho right to propose 17 there some -- how did we come to 15 pereent9 17 anything tn a Po t mean, that's all this Is saying that 18 MR REICHHART That was the standard that was 18 you have the right to propose any use tn a ent mesn 19 proposed tn the -- 19 someone could come in w~th a tanning faclhty or something 20 MS RATCLIFF North Central Texas Council of 20 ~n the middle of a residential zoned district and propose 21 Governments model ordinance 21 it Just because he comes with a eD or he has the right 22 MR ENGELBRECHT All right And so ~f they 22 to come forward with a PO deesnt mean we have to approve ~3 wanted to do more, tl~y'd just come m for an sUP tf tl~y 23 tt 24 werembynght? Okay Allnght Itmvenoother 24 MRENOELBRECHT ttlunkhe'srefernngto Z5 questtons And we have several others They',~e been 25 leather tanning PLANNING AND ZONING COMMISSION .V 2000 Page 41 - Page 44 17. CondenseltTM Page 45 Page 47 I MR REICHHART Yes Yes, I am Thank you I MR MORENO It's not So this ts for our 2 MR RI~tHEL Both of them do the same thing 2 benefit I see 3 MR REICHHART Just having an "X" there 3 MS RATCLIFF This IS for your review 4 doesn't ~man it's permitted You.lust walk xn and any PD 4 purposes 5 can now put up a tower 5 MR MORENO And, again, what do the S's mean'~ 6 MS GOURDIE I was under that impression the 6 MS RATCLIFF specific Use permit 7 way this ts written that tf -- 7 MR MORENO specific use permit, okay Thank 8 MS RATCLIFF Tills tries to be a smnmary of 8 you I guess that one went right by me Thanks 9 the ordinance and It's very hard to put -- summarize this 9 MR ENOELBRECHT Mr Rlshel 10 ordinance In a table format But you could request in 10 MR RISHEL YOU have done a lot of homework 11 your PI) to allow a tower and It would still have to meet 11 on this and I really appreciate that I presume tn thc 12 the minimum reqmeemeat~ listed in here about the 12 process of putting this together that you now have sm'nc 13 separation from residential unless you proved otherwxse 13 sort of a map of what antennas currently exist in our 14 MS GOURDIE 1 understand I Just I'm seeing 14 community Yes9 15 real llf0 tssues happening here and it's just black and 15 MS RATCLIFF NO 16 white IS different then the full colors we hve with and 16 MR RISHEL It seems like a logical thing to 17 it's just a concern that I see happening tn the near 17 have put together to me I mean, I'd be curious My 18 future 18 curiosity is that I am ignorant of what a tower height is 19 MS RATeLIFF okay 19 I'd hke to know what some specific heights are so I can 90 MR ENOELBRECHT Ally others9 Ms Gourdte9 20 relate to them and see As I read through this part that 21 MS OOUP. DIE NO, thank you 21 we talk about, the 180-foot towers and the one-mile 22 MR ENOELBRECHT okay Mr Moreno 22 length, I kxnd of got locked m on that and I thought to 23 MR MORENO Yes On the same page as Ms 23 myself, well, that's great But l could just see a whole 24 Gourdle was talkmg about, page 12, what does the word 24 bunch of 179 foot towers now every three blocks and that 25 "stealth" mean9 25 kind of bothers me Page 46 Page 48 I MS RATCLIFF under definitions 1 MS RATCLIFF On page 5 under Item F, to 2 MR MOREN'O That's what I was lookang for and 2 facthtate co-location coordination of telecormnumcatton 3 I didn't see it unless I missed it 3 site, the City shall within 30 days of Its effective date 4 MS RATCLIFF on page 3 altematwe mounting 4 notify the providers of telecolranunlcatlon services as that 5 structure means a manmad¢ tree clock tower, church 5 term ~s defined by federal law Said provider shall 6 steeple, hell tower, uuhty pole hght standard, 6 within 90 days of the date of such nohce provide the City 7 ldoouflcataon pylon, flagpole or similar structure 7 with their respective master antenna plans Said plans 8 designed to support and camouflage or conceal the presence 8 shall Include detaded maps showing the location and 9 of telecommumcatton antennas That one was hard to 9 characteristics From that information that's pro~tded, 10 find It's the top of page 3 under alternat:ve mounting 10 we would be able to develop a map showing all the 11 structure 11 different tower locations 12 MR MORENO okay So stealth means 12 MR RISHEL t don't know if that answers my 13 alternative mounting structure or camouflage Is that 13 question I guess as I look at the community and I go 14 what ~t's intended to mean? 14 down, ts xt, Elm Street or Locust Street, there's a couple 15 MS RATCLIFF Ye~ sir 15 of towers right In that urmaedlate area Can you give me 16 MR MORENO okay Then also along the top 16 an Idea how tall those towers are9 17 ofthetablethamwhereyou'xegotA SFI6 andso 17 MS RATCLIFF NO, SIr 18 forth, I think I understand what those are except O A R 18 MR RISHEL okay Can anybody give me an 19 I don't recall what O-A R is 19 idea That's the only location I know that there's two of 20 MS ~A'rCLtI*F outdoor amusement recreataon 20 them that are very close to each other They're probably 21 MR MORI~NO My suggestion, you may want to 21 wtthm -- 22 just have a legend of some land further defining just what 22 MR ENGELBRECHT Right south of here9 23 those terms arc 23 MR RISHEL Going down Locust as It start~ 24 MS RATCLIFF well ms table is not gomg 24 right at the comer there And they're within probably a 25 to be a part of the ordinance 25 quarter-mile of each other PLANNING AND ZONING COMMISSION JIF .... n000 Page 45 - Page 48 CondenscltTM Page 49 Page I MR POWELL [ don't know Those are fmrly I you could not tell there was an antenna in there 2 tall toWers I wdl tell you, and maybe Mr Relchhart 2 Mn RISHEL Ye. ah I'm amazed at where they 3 wtll correct me, most monopole towers are, you know, 80 3 put some of these and they do do a great job in many 4 feet max Most of them ate 60, 70 feet 4 locations I'm just womed about a proliferation of 5 MR RISHEL That sounds good to me and then 5 things that ten or 15 years from now are going Ua be a 6 we're reading that we're going to have these thmgs a mile 6 totally different technology and we're going to be taking 7 apart but tt doesn't start untd Ws 180 foot That's 7 them down In ~ meantime, what do we do? 8 what bothers me 8 MS P. ATCLtFF ! think that's why you want lo 9 MR POWELL Right And those are for the 9 keep a open and not specifically describe exactly how 10 extremely tall towers Vqhat you're seeing -- 10 stealth they make it so that the industry can develop 11 MR RI'~HEL I think we got lo our mind though 11 more stealth-hke camouflage eqmpmeet They're becoming 12 that we were going to be trying to see these thmgs spread 12 more and more engmualve because the cities and cmzuns 13 to a retie and that was good for us But what we already 13 are denlandmg it and their customers are demanding 14 have ts a lot less than that and they can put those almost 14 service So they're kind of in tho middle 15 anywhere 15 MR RISHEL And IS there any way to eneottrag~ 16 MR POWELL YeS And, again, this ordinance 16 retrofit as we look at tho stealth technology and as 17 IS, I think, a step tn the right direction tn that there 17 tilings change'~ 18 are more regulations than there are now Right now, there 18 MS RATCLtV," when you say retrofit 19 are very few regulations as it relates to 19 MR RISHEL A tower that already exists and 20 telecommumcatton facilities and tf you look at the staff 20 now we come up with a wonderful technology where we can 21 report, we're kind of stretching the definition of radio 21 make It blend into the environment a httle blt more what 22 and TV antenna towers to do what we can 22 do they do w~th the other 40 that they already have her¢~ 23 Also m the backup, what we told Council ts we 23 ~n town? And is there some way of encouraging retrot~t to 24 have the opportunity to use the model ordinance If' we 24 what they might already have? 25 want to come up with something unique and speetahzed, 25 Ma REICHHART I think we could encourage :t Page 50 Page 52 I maybe catang edge, we really don't have thc time and tho I but I don't think we could require tt 2 manpower One of thc th~ngs, the beeeffls from using the 2 MR RISHEL well, you could encourage It by 3 model ordinance ~s that, as Mr Ma~n has pointed out, 3 hmltmg the number - and, obviously, you can't hmit the 4 ~t's alread~ been looked and reviewed by attorneys 4 number but regulating what they can do with the new 5 throughout the metroplex, the telecommumcations industry, 5 towers If they can say I've got 40 towers now and I want 6 as Marcy said has se~n it They can live with it And 6 to put four more out there And If there was some wa) wc 7 so we do ~nk that given the fact that we probably are 7 could encourage them to do something to camouflage whnt 8 going to see a lot more cell towers here, that W s 8 they already have out there ua get them to allow the four 9 worthwhile to go ahead and adept this ordinance, that we 9 new towers that they need that might be a tool for 10 really don't ha~ e the time right now to maybe craft one 10 facilitating that i1 that's truly untque for Deeton And I thlnk that's some I1 MR ENOELBRECHT tJust throw out that lt 12 of thc background that you-all need to know 1:2 won't be file same company wanting the other four It s a 13 Iv~ RISHEL AS I look at the stealthlng 13 proliferation of compames I think it's fan' ua ask 14 process, tn one of the pletares that IV_rs Ratcllff had was 14 though do we have a mechanism by which we grant the 15 a picture of a palm tree And, of coarse, we don't have a 15 but then we really don't follow it once it's in place 16 palm ~ In tl~s area for 150 nules We'd do great in 16 There's no, as with a billboard where there is an annual 17 Padre Island but it's just not very appropriate 17 penmi~lng process, I believe, them is not a permlthng 18 MS RATCLIFF Sorry 18 process with these which allows us to detenmne whether 19 MR. ENOELanFa:HT we had one on University, 19 in fact, they are continuing - there's a continuing use 20 that plastic one - 1 mean, on Carroll Boulevard there 20 of them And I don't know that that's the mechamsm but 21 MR. RISHEt And I don't know how stealthy 21 it may be approprmte to at least consider some mechamsm 22 that ~s 22 so that we can monitor use so if they're abandoned we 23 MS RATCL[FF I Ve seen some of the antennas 23 know It 24 placed on a steeple Steeples are very popular You 24 MS RATCLIFF This doesn't totally answer 25 couldn't tell It was more of like a spiral almost and 25 your question but on page 6 under applicable federal and PLANNING,AND ZONING COIVIMISSION JUL ~00 Page 49 - Page 52 19 Condcns~ItTM Page 53 Page 55 I state standards, it steins that they are mqmr~, all I MR ENGELBRECHT All right Thank you Thc 2 towers and antennas are erected and operated in compliance 2 one member of the public left I thought they were hcrc 3 w~th FcC: and v.~. rules and regulations and any other 3 to speck on this subject Is there keep in nund that 4 applicable federal, state, and local standards It says 4 in this case the Cay was the petitioner so we: have heat d 5 if these standards or regulations are changed, than the 5 from both thc staff and the petmoner Is ~ anyom 6 owriecs of thn towels and antennas governed by these 6 present who would like to speck m favor of this pet*hen'~ 7 ordinances shall bnn8 such towers and antennas into 7 Anyone present to speck m favor of this petition9 Is 8 compliance with tho revised standards and regulations 8 there anyone present who would like to speck m oppos men 9 w~thm six months of the effective date So if tho 9 to this petit~on9 Anyone present to speak m opposition ~ 10 federal gov~nment increases the standards, they are going 10 Seeing no opposition, die rebuV, al period is walvex'l and 11 to bo required to meet those 11 the public hecrmg is closed Ms Ratchff, any final 12 MR RISHEL And local government also 12 remarks? 13 Ma POWELL Also, on top of page 6 under 13 MS RATCLIFF NO [ wouldJust apprecmte ~l 14 master antenna plan it dens say that the provider last 14 ~n your morton the things that you wanted, if you 11 15 sentence, the provider shall also provide the City with 15 PII try to write them down if you'll clecrly state thun 16 any updates to the above docmuents within 90 days of 16 Some of them were a little I just want to make sum wi. 17 creation, whmh moons if they change, if they add, if they 17 get the right mformat~on that y'all requested 18 step using, they are supposed to, under this r~ulat~on 18 MR ENGELBRECHT All right Okay 19 notify us of that fact And not that that won't bo 19 Ms RATCL[FF 1 thick that was pretly fair 20 something that we'll have to bo vignlant about but I th~nk 20 Y'all gave me a bunch of good questions 21 the ordinance does provide for that 2 t MR ENGELBRECHT well, with that 22 MR RISHEL At what height is it required 22 Comm~ssioners is there anyone who wants to attempt a 23 that you have a beacon or a red light on the top of a 23 motion? Don't all jump at once 24 tower and at what ha~ght do ~ require a strobe be 24 MS RATCLIFF Have pen will write 25 them;' I'ar trylng to work off of Mr Engelbrecht's-- 25 MS COUP, Dm Vou'll have to give us a second Page 54 Page 56 I MR ENGELBRECHT [ know that is governed by 1 MS RATCLIFF I can generally give you the - 2 the F,~ t don't rem~,nnber what ~t ~s 2 my little brief notes if you want me to kmd of go over 3 MS RATCLIFF That is governed by tho FAA I 3 those to kind of refresh your memory Y'all had several 4 do not know what that height ts Any hghtmg that you 4 ideas You wanted us to inquire about liability and 5 are required to put on a tower by the FAA we cannot 5 escrow, if we're able to incorporate any of that mtn the 6 regulat~ We could mal~ it stricter but I don't think we 6 ordinance You wanted us to check to see if there were 7 could make it less resmctive 7 federal standards for safety regulations regarding 8 MR MARTIN well, the thing ts I don't want 8 screening to prohibit people from clirebmg the tower~, 9 to correct you too much but you have to be careful Most 9 kids especially 10 of tlus area, we've been pre-empted so we don't get to do 10 MR ENGELBRECHT Yeah, it really wasn't 11 enythmg additional because most of the rulings have been 11 that really doesn't have anything to do with the ~crcemng 12 - and the Fcc and the ~.~. has been very dogged m court 12 part That's strictly access issues, assuming they must 13 cases in saying that in ~very case that come up, they're 13 have some reqmrereents that you can't just walk right up 14 saying that the local governments are pre-empted an this 14 and climb up them, but I don't know that 15 area and they've been wtnmng most of those cases And so 15 MS RATCLIFF I have a note, it's real brid, 16 them are certain areas m which we can still do local 16 it says flight path antennas and/or towers 17 regulatlens but you have to be very - you have to look 17 MR REICHHART That's on the helicopter pad 18 into each specific area very carefully because with the 18 MS RATCLIFF Yeah 19 myriad of federal regulations, and thn Fcc has ruled that 19 MR ENGELBRECHT Basically, it would note the 20 way the whole field as pm..~mpted so we're not entitled 20 helicopter pad, the private helicopter pad and the flight 21 to e~th~ go one way or the other 21 path at the Denton Community Hospital and con,ider 22 MR ENOELnRI~CHT okay Any other questions? 22 limiting any towers m that flight path 23 Ms Ratehff, any other comments before we see if there's 23 MR RISHEL And we talk about that as if we i24 any public input? 24 only have one hospital or competitive hospital 25 MS RATCLIFF NO, sir 25 MR ENGELBRECHT well, the troth is we only PLANNING AND ZONING COMMISSION JUl 2 0. ~)00 Page 53 - Page 56 CondenseItTM Page 57 pa~¢ ~9 I have one behcopter pad I 6 under fencing about the sectmty fencing or screening 2 MR RISHEL tn the futom that may change 2 I didn't fimsh your thoughts but added visible from 3 MR BNOELBRECHT wclI, It could but then 3 right of way or -- 4 they'll have to take that tote account when they do them 4 Mn nntcHHART I think we had screen if 5 I mean, thare's no way to know whom it would be or what 5 adjacent to residentml and/or visible from a 6 the path would be to it in advance 6 right of way 7 MR R[SHEL l'm just thinking of structuring 7 MS RATCt,tFF 'rbese are all the notes that I 8 that mo~ hke an emergency access, flight access to 8 wrote down 9 whatever facilities we have that bevn those facilities and 9 Mn ENGELBRECHT one other one that would 10 I'm thinking 20 yenrs from now not f~ve years from now 10 come te mind was that we would not allow on billboards or I l MR ENOELBRI~CHT I understand 11 the alternative would be that a billboard remains a 12 Ma POWELL tf l may I think that the 12 bdlbenrd and even though ~t has something attach,.d to 13 urdmanoe actually does or may address that issue for you 13 it ~t does not become a con'anumcauons tower or anything 14 On page 5 on D, pre-apphcanon meetings, they're required 14 else 15 to -- the providers are requmxl prior to leasing or ! 15 MS P, ATCLIFF Yes, I do have the billboard 16 purchasing facthties to come in and talk with us about 16 ordinance takes precedence over the teleeommumcaUon 17 those SO regardless of whether or not they can do it by 17 orthuanoe 18 right and pull a building permit or get an suP, they're 18 MR ENOEt. Br<EcH'r well, and my concern th~.re 19 reqmred to come in and talk to us I will tell you that 19 IS however ~s that the Telecommumeat~ons Act could 20 as part of that discussion we'll make sure that they know 20 get m our way ~f we allow them on billboards I don t 21 and we talk to them about the location of any exlsttog 21 think the Teleconunumcations Act says we have to allow 22 heheopter landing facility that we know about at that 22 them on bdlbenrds, dces it? I don't think it menuons 23 time whether it's tim existing one that you've mentioned 23 I bet it doesn't mermen billboards at all That would be 24 Chairman, or any new ones that come about 24 my guess And that if we mcinde billboards, we're sort 25 MR ENOELBRECHT Tbe only thing I say about 25 of Page 58 Page 60 I - I point out about that is that the private pads do not 1 MR RISHEL granting some passage of 2 come under F~, r~gulatlon and we don't really have any 2 right 3 regulation for them They don't ~ven have to come to the 3 MS GOURDtE Actually, I th~nk she needs to 4 City and notify us We only knew about that other one 4 call it the Denton Telecommunication Zoning Regulanons 5 because of other zoning that was co-associated w~th it, 5 MR MARTIN I think really the reason why 6 which has to do with the bmld~ng, or we might have never 6 they've been allowed on billboards is generally why we 7 even known really that that one existed 7 ~t's been encouraged to put them on ex,sting poles that 8 So I guess my concern is is if we don't do 8 already ex:st because ~n most places, billboards already 9 something specific, and I'm not particularly concerned 9 ex~st And by putting them on billboards, you're pu~Xmg tO about the oth~ sorts of private landing pads I mean, ! 0 u on something that's already there instead of 11 the public has got to look out for those, but I flunk when 11 MR RISHEL Yeah but the process Is we're 12 we're talking about an ~ncy pad whom them is pubhc 12 condoning the dual use thing them and making it more 13 safety issues of a different nature, that we ought to I 13 vahd for the bfllbenrd 14 mean we're encouraging the hospital and we want to 14 MS RATCLIFF It's my understanding, we can 15 encourag~ the trauma operation, that we ought to sort of 15 eliminate that because we have the ability to govern ns 16 protect that Others I don't know that we need to -- 16 locat~on 17 MR POWELL okay 17 MS OOURDIE My only concern IS we take away 18 MR ENGELBRECHT to worry about, 18 one location that's already them, a structure that's and 19 personally But we won't know about them That's what I 19 I'm sorry to say th~s, but an eyesore m my personal 20 found out from researching the one out there is they don't 20 viewpoint, and we're gemg to add a new one somewhen~ 21 have to tall tha FAA ?hey don't have to tell us They 21 along the rend ur along the way We'rejustgemgtoadd 22 doo't have to tell anybody And so ff we know about it, 22 another structure to it I would prefer to at lenst 23 we ought to designate it somehow and take it rote account 23 ehmmate one of the structures, use the bdlboard But 24 Anyway Thank you 24 if something were to happen to that bdlbenrd, If the 25 MS RATCLtFF The last note ! had was on page 25 zoning changed winch ~t's no longer, then I'm sorry ~t's PLANNING AND ZONING COMMISSION JUlr .... 000 Page 57 - Page 60 21 CondenseltTM Page 61 Page 63 I still a billboard It's not, as you said, a secondary 1 MR RISHEL Second 2 use It's not a telecommunications pole It's a 2 MR ENGELBRECHT It'S been moved and seconded 3 billboard And whatever happens m the sign ordinance 3 to recommend approval with conthtaons Any discuss~on on 4 aceordtng to billboards has to take anthonty and 4 the motaon9 Ms Gourthe 5 precedence And tf someone came to argue ti, It's hke, 5 MS OOUROm t reluctantly will vote for th~s 6 no, this Is a billboard And I don't really know how to 6 because I behove something is better than nothing as wa~ 7 properly word that 7 commented But I think th~s is not a very good option but 8 MR ENGELBRECHT well, I think that's one of 8 I realize we need ~t and I think it really needs a lot of 9 those things we'd have to ask legal to word it, prowde 9 work and I hope we'll find the time to put a committee 10 the wording in the future But I can live w~th that tf 10 onto it and really fine rune ~t to the nee. ds of Denton 11 that's what everyone prefers 11 versus the needs of a general use plan So I appreciate 12 MS GOURDIE well, I'd like -- because 12 the time you put forth, but I'd like to see it much more 13 actually what they're going to do ts just research all 13 detailed towards Deuton 14 this anyway so who knows what we'll get tn the long run, 14 MR ENOELBRECHT Any other discussion9 t 5 nght'~ So is there any way to make this motion without 15 Before we vote I just want to thank staff for the hard 16 having to repeat what she just said9 16 work on th~s I know that, ail the way around you ve had 17 MR ENGELBRECHT I think you could make the 17 to do a lot of mvestigataon of different ordinances 18 motion and simply include all those 18 laws roles regulations, and et cetera to get this thing 19 MS RATCLIFF v'all got out of that too easy 19 to us and I appreciate that And I know that you're going 20 MR RISHEL I'm not sure I got a valid or 20 to be living with a and changes for some tame to come 21 understandable answer on the habthty insurance that you 21 MS RATCLIFF [ think that's the key thing ~s I 22 brought up, Mr Chairman, and whether or not we can 22 as technology changes we need to keep up vath a so that 23 require that m some way, shape, or form 23 we're not 20 years down the road trying to write 24 MR ENGELBRECHT I think they're going to 24 something 25 research that between now and Council 25 MR ENOELBRECHT Thank you Okay Vote Page 62 Page 64 I MR MARTIN If I remember com~tly, I please Motion carries 5-0 Thank you 2 Cormmssloner Engelbrecht was asking us to tmearch to see 2 MS RATCLIFF Thank you 3 if we were allowed to ~ther include, to require them to 3 MR ENGELBRECHT All right We have 4 have liability insurance or to supply money in an escrow 4 Director's Report Council Action, Future Agenda Items 5 fund for the removal 5 Mx' Director do you have words of wisdom for us9 6 MR ENOELBRECHT Rlght There was two 6 MR POWELL well, at last night's meeting I 7 aspects 7 did want to tell you about the City Council did take 8 MS RATCLIFP We're going to research If we 8 action I think some of you are aware that the Chamnan 9 can 9 ~s up for mappmntment and he has asked not to be l0 MR ENGELBRECHT Yeah, I don't think those 10 reappointed Council member Beasley appointed %cky Hoh 11 need to -- I don't know that those need to 1~ m the 11 last evening and that appointment was ratified 12 motaon We're sunply asking staff and that will be a part 12 I have not talked to Ms Holt and I'm not sure 13 of the staff report to City Council and I'm not concerned 13 when she intends or can start with the Commission 14 that that will bo passed over They'll take Pare of that 14 Obviously, w~th the Chairman stepping down, there would be 15 MS OOURDIE It was mentioned and there was a 15 a need for an election for a new Chaa'man In dlscussmg 16 concern and it's the~ 16 with the Chmrman prior to the meetang our thoughts were 17 MR ENOELBRECHT And the Council reads all 17 that we would suggest or ask whether or not at the next 18 om' minutes folks 18 moating a majority of you intend to be here so if Mrs 19 MS GOURDIE That's true 19 Holt is ready to take up the mantle that we could have 20 MR. ENGELBRECHT DOn't ask me whom they find 20 that elecnon at our next m~etang It would JUSt take an 21 that time They're speed readers, I guess 21 Agenda item It just takes one meeting to elect the Chair 22 MS APPLE commissioner 22 so it's really up te your thscretaon whether or not you 23 MR ENOELBRECHT YeS 23 feel you're going to have enough members here I guess 24 MS APPLE I II move to recommend approval of 24 the Chairman was concerned that with being the smmner 25 si 00 01';' with the comments as stated by Ms Ratchff 25 there might be some folks off, this, that, and the other PLANNING AND ZONING COIVIIVIISSION Jl 2000 Page 61 - Page 64 22 CondensoltTM Page 65 I So I &d want to dtseuss that w~th you 2 MR ENGELBRECHT Any comment9 3 MS GOURDIE I'll be hem I'm always here 4 MR ENGELBRECHT At this point, we don't know 5 if Vmky IS going to even be available for thc next 6 meeting or not so I guess stay tuned and we'll let you 7 know Okay Am there any other items9 8 MR POWELL hot really under that section 9 We do ,have one work session item if you -- 10 MR ENGELBRECHT Aro We ready to move to the 11 work ~sslon? Do we want to take a break or do we just 12 want to talk about this and go home? This shouldn't take 13 very long I don't tlunk 14 MS GOURDIE Let's talk and go home 15 MR ENGELBRECHT okay Talk and go home 16 (WORK SESSION BEGINS) 17 18 19 20 21 22 23 24 PLANNING AND ZONING COMMISSION j,. .... 2000 Page 65 - Page 65 23 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 35 "ZON- ING' OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING AN ARTICLE XI ENTITLED "DENTON TELECOMMUNICATIONS ZONiNG REGULA- TIONS'', PROVIDING FOR REGULATIONS GOVERNING THE LOCATION OF TELE- COMMUNICATION TOWERS AND ANTENNAS, PROVIDING CONDITIONS FOR PER- MITTED USES, PROVIDING FOR SPECIAL USE PERMITS, PROVIDING FOR SEVER- ABILITY, PROVIDING A CRIMINAL PENALTY NOT TO EXCEED $2,000 AND A CIVIL PENALTY NOT TO EXCEED $1,000 FOR VIOLATIONS THEREOF, PROVIDING A RE- PEALER CLAUSE, PROVIDiNG A SAVINGS CLAUSE, AND PROVIDING FOR AN EF- FECTIVE DATE WHEREAS, the C~ty of Denton, Texas ("City") has received or expects to recexve re- quests to site wxreless commumcatlon or telecommumcat~on towers and antennas wxth~n the mu- nlcxpal boundaries, and WHEREAS, the City Council finds that xt is in the public interest to permit the S~tlng of w~reless communmataon or telecommumcat~ons tower and antennas w~thxn the mumcxpal bonndanes, and WHEREAS, ~t is the intent of the Cxty to protect and promote the pubhc health, safety, and welfare by regulating the siting of w~reless commnnlCatlon or telecommunication towers and antennas, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Chapter 35 "Zoning' of the Code of Ordinances of the Cxty be and the same is hereby amended by adding a new Artmle XI, entxtled "Denton Telecommnnmations Zon- ing Regulatxons," Sections 35-415 to 35-426, ~nclus~ve, which shall be and read as follows ARTICLE XI. DENTON TELECOMMUNICATIONS ZONING REGULATIONS Sec 35-415. Wireless Telecommunications FaeihUes (a) Purpose The purpose of th~s sectxon ~s to estabhsh guldehnes regulating the location of telecommnnmatlon towers and antennas with the objective of mimmlzlng their number, to protect and promote pubhc safety, and to mxtxgate any adverse wsual impacts on the commumty while promoting the prowslon of telecommtmlcat~ons service to the pubhc (b) Comphance with Telecommumcattons Act The regulatxons contmned m flus ordinance have been developed under the following general gmdelmes as prowded In the federal Telecommnn~cat~ons Act of 1996 (1) Citxes have local anthonty over "placement, construction, and modfficat~on" of cellu- lar telephone facflitxes and other personal wireless telecommunication service facili- ties 24 (2) Regulations "shall not unreasonably discriminate among prowders of functionally equivalent services" (3) Regulations "shall not prohibit or have the effect of prohibiting the provision of per- sonal wireless services" (4) "Demal shall be in writing and supported by substantial evidence" (5) Cities may not "regulate the placement, construction, and modffication of personal wireless service facilities on the basis of enwronmental or radio frequency emissions to the extent that such faeihtles comply with the Federal Commumcat~on Commission regulations concerning such emissions" NOtwlthstanchng any other provision of this ordinance, telecommunications towers and antennas, when permitted by federal law and the laws of the State of Texas, shall be regu- lated and governed by the following use regulations and requirements See. 35-416. Goals The goals oftlus ordinance are to (1) Protect resldentml areas and land uses from potentml adverse ~mpacts of towers and antennas, (2) Encourage the location of towers in non-residentml areas, (3) Mimmize the total number of towers throughout the community, (4) Encourage the jmnt use of new and existing tower sites as a primary option, rather than construction of additional single-use towers, (5) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the commumty ~s mlmmal, (6) Encourage users of towers and antennas to configure them in a way that mlmmlzes the adverse visual impact through careful design, sattng, landscape screemng, and in- novative camouflaging techniques, (71 Enhance the ability of providers of teleeommunlcataons services to prowde such ser- vices to the eommnnlty qmckly, effectively, and efficiently, and (8) Avoid potential damage to adjacent properties from tower failure through engineenng and careful siting of tower structures 25 Sec. 35-417. Definitions Alternattve Mounttng Stracture means a man-made tree, clock tower, church steeple, bell tower, ut~hty pole, hght standard, ~dent~icat~on pylon, flagpole, or s~m~lar structure, designed to support and camouflage or conceal the presence oftelecommumcat~ons antennas Antenna means a structure or dewce used to collect or radiate electromagnetic waves, m- cludmg d~rect~nnal antennas, such as panels, w~reless cable and satelhte d~shes, and omm- d~rect~onal antennas, such as wh~ps, but not including satelhte earth stations Antenna Array means an arrangement of antennas and their supportmg structure Antenna, Dtsh means a parabohe bowl shaped dewce that receives and/or transmits s~g- hals m a specific d~reet~onal pattern Antenna, Panel means an antenna which receives and~or transmits s~gnals m a d~rect~nnal pattern Antenna, Stealth means a teleeommumcat~ons antenna that ~s effectively camouflaged or concealed from wew Antenna, Telecommuntcatlons means an antenna used to prowde a telecommnn~cat~ons service Tbas excludes hghtmng rods, private mobile radio systems, amateur radio antennas less than 50 feet (15 meters) m height and wh~p antennas less than 4 roches (10 em) ~n d~ameter and less than 10 feet (3 meters) m height Antenna, tg'htp means an omm-d~rect~nnal d~pole antenna o£cyhndr~cal shape which ~s no more than 6 roches (15 cm) m d~ameter Co-locatton means a amgle teleeommnn~eat~ons tower and/or s~te used by more than one telecommumcat~nn$ service provider EIA-222 means Electromcs Indush-~es Assoc~at~nn Standard 222, "Structural Standards for Steel Antenna Towers and Antenna Support Structures" F.~/means the Federal Awat~on Adm~mstrat~on or any successor agency FCC means the Federal Commumcat~nns Commission or any successor agency Height means, when refemng to a tower or other structure, the d~stanee measured from the fimshed grade of the parcel to the h~ghast point on the tower or structure, including the base pad and any antenna Identtficatton Pylon means a pemaanent ground mounted s~gn consisting solely of a sin- gle monohth~e structure used to ~dentffy a development 26 Structure means an object, mcludang a mobile object, constructed or installed by man, including, but not hm~ted to, buildings, poles, water towers, cranes, smokestacks, earth forma- tions, and overhead transnnSSlOn hnes Telecommumcattons means the transmission, between or among points speeffied by the user, of alacho and/or wsual mformat~on of the user's choosing, w~thout change m the form or content of the mformataon as sent and received Telecommumcattons Servtce means the offenng of telecommumcat~ons for a fee directly to the pubhc, or to such classes of users to be effectively avmlable d~rectly to the pubhc, regard- less of tho facilities used Tower, Electrtc Transmtsston means a self-supporting structure in excess of 50 feet (15 meters) m height desagned to support high voltage electric hnes Th~s does not ~nclude local util- ity or distribution poles (w~th or w~thout transformers) designed to prowde electric serwce to in- dividual customers Tower, Guyed means any telecommnnmat~ons tower supported ~n whole or in part by ca- bles anchored to the ground Tower, Hetght means the d~stance measured from grade to the highest point of any and all components of the structure, including antennas, hazard hghtlng, and other appurtenances, ~f any Tower, Monopole means a self-supporting telecommumcat~ons tower whmh consists of a single vertical pole fixed ~nto the ground and/or attached to a foundation To¢er, Self-support~ng Lattice means a telecommumcatlons tower whmh consists of an open network of metal braces forming a tower whmh ~s usually triangular or square m cross- section Tower, Telecommumcattons means a self-supporting or guyed structure more than 20 feet (6 meters) m height, bmlt primarily to support one or more telecommunications antennas Sec. 35-4~8. Apphcabllity (a) NeW Towers and Antennas All new towers and antennas w~thm the corporate hm~ts of the C~ty shall be subject to these regulations, except as prowded m Sections 35-418(b) through (e), lnclumve (b) Amateur Ra&o Station Operators~Receive Only Antennas Th~s ordinance shall not gov- ern any tower or installation of any antenna that ~s under 70 feet ~n height and is owned and operated by a federally-heensed amateur radio statmn operator or ~s used exclusively for receive only antennas (c) Pre-extst~ng Towers or Antennas Pre-ex~st~ng towers and pre-ex~stmg antennas shall not be reqmred to meet the reqmrements of th~s ordinance, except the reqmrements of Sec- tmn 35-420(a), (b), and (h) 27. Sec 35-419. General Prov~s~ons (a) ~4pphcatzons All apphcatlons for rezonmg or a Special Use Permit (SUP) for a tele- coym-~unleatlons tower, antenna, or other facfllty to prowde a telecommumcat~ons service shall include a completed supplemental ~nformatlon form prowded by the C~ty regarthng said facflmes In adtht~on to any ~nformatlon reqmred for apphcatlons for a SUP pursu- ant to this chapter, apphcants for a SUP for a telecommumcat~ons tower or antenna or other such facility shall submlt the following mformat~on (1) A detailed master antenna plan, clearly ~ndlcatmg the location of the proposed tower, on-s~te land uses and zoning, adjacent land uses and zomng, and other mformat~on deemed necessary by the D~reetor of Planmng (2) A legal description of the property and leased land, ff apphcablc (3) The setback thstance between the proposed tower and the nearest res~dentml umt, platted residentially zoned properties, and unplatted residentially zoned properties (4) The separation d~stance fi.om other towers shown on an updated s~te plan or map (5) A landscape plan show~ng specific landscape materials (6) Method of fencing and fimshed color and, ff apphcable, the method of camouflage and flhammatlon (b) Platted Lots Unless an exception ~s granted by the Planmng and Zoning Commission, teleeommumcatlons faethtles reqmrmg rezomng or a SUP, including towers and related eqmpment bmlthngs, shall be located on a platted lot (c) Techmcal.4sststance When a rezomng or SUP is reqmrcd to comply wlth the prows~ons of thas section, and when the teehmcal mformat~on prowded by the apphcant ~s beyond the technical capacity of City staff to review, the apphcant, m addition to the usual apph- cation fee, shall reimburse the City for the actual cost to thc C~ty for the serwces of a techmeal exper~ to rewew the apphcat~on and/or reformation supplement, up to a max~- mum of $5,000 (d) Pre-apphcatton Meetings Prior to leasmg or purchasing facilities, thc telecommumca- tlons service provider ~s encouraged to meet w~th the D~rector of Planmng or has or her designee to determine if the location will reqmre a SUP or other approvals, and to rewew the merits of potential locations (e) Master .~ntenna Plan To facilitate co-location and coordination of telecommumcat~on sites, the C~ty shall, w~than 30 days of ~ts effective date, notify the prowders of telecom- mumcatlons services, as that term ~s defined by federal law, of the enactment ofth~s ordi- nance Smd providers shall, w~thm 90 days of the date of such not~ee, prowde the C~ty with their respective master antenna plans Sa~d plans shall ~nclude detmled maps, show- 28 ~ng the locattons and charactensttcs of all telecommunlcattons towers and antennas serv- ing any pomon of the Ctty and indicating coverage areas for current and, to the extent posstble, future telecommumcat~ons towers and antennas Promders shall also provtde the City with any updates to the above documents wtthtn 90 days of their creation Sec 35-420. Telecommumcatlons Tower Standards (a) Apphcable Federal and State Standards All telecommumcat~ons towers and antennas shall be erected and operated ~n comphance with current FCC and FAA roles and regula- ttons and other apphcable federal, state, and local standards If such standards and regu- lattons are changed, then the owners of the towers and antennas governed by thts ordt- nance shall bnng such towers and antennas ~nto comphance wtth such revised standards and regulations wtthln SlX months of the effective date of such standards and regulattons, unless a different comphanee schedule ts mandated by the controlhng state or federal agency (b) Structural Standards Telecommumcatlons tower structures must conform to the most current revlsmn of EIA 222 standards Guyed telecommumcattons towers shall be de- sagned and located so that ff the structure should fall ~t would avotd habttable structures and pubhc streets To insure structural tntegnty, the owners of the tower shall ensure that ~t ls mamtmned m comphance wath all apphcable provas~ons of Chapter 28 "Building and Bmldmg Regulataons" and all apphcable state or local bmldmg codes and safety regula- ttons, as well as the regulattons pubhshed by the Electromc Industries Assocmtton (EIA) as amended fi.om tame to t~me If, upon inspection, the Ctty concludes that a tower fads to comply wtth such codes and standards and constttutes a danger to persons or property, then, upon notice beang provided to the owner of the tower, the owner shall have 30 days to bnng the tower anto comphance wath these standards (c) Co-locatton Towers shall be designed and built to accommodate a nnmmum of two cel- lular or PCS provaders, af over 75 feet (23 meters) tn heaght The owner of the tower must certify to the City that the tower as avmlable for use by other telecommumcat~ons serrate provaders on a reasonable and nond~scnnnnatory bas~s (d) Fencing Security fencing, ff mstalled, shall be by a wrought ~ron or steel chmn hnk fence wath evergreen hedge, or a masonry wall, each not less than 6 feet (1 8 meters) ~n height Security fencang shall be installed when the eqmpment bmldmg as v~stble from the public rights-of-way or adjacent to res~denttal dtstncts The exterior of eqmpment bmldmgs and/or metal eqmpment cabtnets vas~ble from restdentaal areas or pubhc rights- of-way must have a neutral aggregate fimsh or be painted to reflect the color and charac- ter of adjmnmg structures or blend wtth adjacent landscaping and other surroundings (e) Setbacks All telecommumcat~on towers as well as guys and guy anchors shall be located within the bmldable area of the lot and not wtth~n the front, rear, or stdeyard bmld~ng set- backs Telecommumcataon towers an excess of 400 feet (120 meters) m heaght shall be set back a mammum of 2,600 feet (800 meters) from the right-of-way of all controlled ac- cess federal and state roadways designated as freeways to promde unobstructed fl~ght paths for hehcopters (f) Stgnage Except as otherwise permitted ~n th~s ordinance, no s~gnage, lettenng, symbols, ~mages, or trademarks m excess of 200 square ~nches (1,290 square cm) shall be placed on or affixed to any part of a telecommumcatlons tower, antenna, antenna array, equip- ment building, or security fencing other than as required by FCC regulations or other ap- pheable law (g) Ltghttng Except as otherwise permitted ~n th~s ordinance, no s~gnals, hghts, or illumina- tion of any kind shall be permitted on or d~rected toward any tower unless reqmred by the FCC, the FAA, or other appropriate pubhc authority (h) Abandonment In the event the use of any W~reless Commumeat~on Facility, which would ~nelude any telecommnn~cat~nns tower or other antenna support structure, has been d~scontmued for a period of 360 days, the antenna support structure shall be deemed to be abandoned Determination of the date of abandonment shall be made by the Bmldmg Of- fie~al, who shall have the right to request documentation from the owner/operator regard- ~ng the ~ssue of usage Upon the termination of abandonment, the owner/operator of the antenna support struc- ture shall remove same within 90 days of receipt of not,ce from the Building Official no- tifying the owner/operator of such abandonment If sa~d antenna support structure ~s not removed w~thm 90 days, the Bufldang Official may cause ~t to be removed at the owner's expense Sec. 35-421 Tower Location Standards (a) Htstortcal/Cultural Except for compatible alternative mountmg structures that effec- tively camouflage or conceal the presence of telecommumcat~ons antennas, telecommu- meat~nns facilities should not be located on or w~thm 300 feet (90 meters) of property zoI~ed h~stonc or property included m a nattonal or local h~stonc d~stnct In addition, smd facilities should, wherever possible, be located so as to ensure that h~stonc or cultur- ally stgmficant wstas, and landscapes are protected and that the wows of and wstas from arohlteeturally and/or htstoncally s~gmficant structures are not ~mpmred or d~mm~shed (b) Res~denttal Zomng Except as otherwise prowded ~n th~s ordinance, telecommnn~cat~ons towers are not permitted m any residential zomng d~stnct and must be a mlmmum of a 3 to 1 chstance to hetght ratio from a single family residential d~stnct and 1 to 1 d~stance to helght ratio from a multffamfly chstnct (c) Towers Permttted by Rtght Free standlng monopole telecommnn~cat~ons towers 85 feet (26 meters) or less m height are permitted ~n the non-res~dentml d~stncts md~eated m D~- ws~nn 2 "Use Regulations" and other apphcable sections of tbas chapter (d) Towers Requtrtng a Spectal Use Permit (SUP) Except as otherwise prowded m th~s or- dinance, telecommnnleat~on towers m excess of 50 feet (15 meters) m height and mono- pole towers tn excess of 85 feet (26 meters) m height are permitted m the non-residential d~stnets, md~cated m this ordtnance w~th a SLIP 30 (e) T6wer Spactng Any new telecommnnlcatlons tower ~n excess of 180 feet (55 meters) ~n height must be located a minimum of 1 mile (1 6 km) from any existing tower in excess o1~ 180 feet (55 meters) m height (f) Alternative Mounttng Structures (1) New Altematave Mounting Structures 100 feet (30 meters) or less ~n height are per- mitred, by right, in the non-residential districts lndmated ~n D~vls~on 2 "Use Regula- tions'' and other apphcable sections ofth~s chapter (2) New Alternative Mounting Structures ~n excess of 100 feet (30 meters) in height are permitted in the non-resldantml d~stncts indicated in Division 2 "Use Regulations" and other applicable sections of th~s chapter with a SUP (3) All New Alternative Monntmg Structures located in the residential zomng districts indicated in Division 2 "Use Regulations" and other apphcable sections of this chap- ter shall reqmre a SUP (4) Alternative Mounting Structures must be s~mdar in color, scale, and character to ad- jommg bmldmgs or structures or blend w~th the landscaping and other surroundings immediately adjacent to them so as to generally avmd the creation of anlque wsual objects that stand out m the environment Sec 35-422. Antenna Mounting Standards T~o purpose of this section zs to promote pubhc safety and mmntam order and harmony within 'the Ctty's business, cultural, and residential districts by restricting the s~ze and locatzon of telecommumeatton antennas The object~ve ~s to avoid the creation of wsual distractions, pre- vent obstructions to the view of pedestrians and motorists on pubhc thoroughfares, and to insure the structural integrity of supporting structures Whtp an&Panel Antenna Mounttng Standards (a) Imhvldual teleeommtmmatlons antennas are allowed on existing electric utlhty poles, light standards, and teleconunumcat~on towers m excess of 40 feet (12 meters) in height, provided that the total length of any antenna does not exceed 15 percent of the height of the structure The height of a telecommumcatlons tower is determined by the highest point of any and all components of the structure, including antennas (b) T~lecommumcatlons antennas and arrays are allowed by right on existing electric trans- mission towers (c) Ex~st~ng structures in excess of 50 feet (15 meters) in height may, as a matter of right, be rebuilt, if necessary, to support or contmn a new antenna, provided that the new structure ~s the same height and substantmlly the same m appearance as the structure it replaces 31. (d) Panel antennas which do not extend above the structure, or whip antennas 15 feet (4 5 meters) or less m height, are permitted on confornnng billboard structures (e) Building mounted panel antennas are permitted on non-residential bufldangs and multi- famfly dwelhngs m all zomng dastncts, prowded that they are mounted flush with the ex- tenor of the bulldang and that they do not project above the roof hne, nor more than 30 ~nches (75 cra) fi.om the surface of the building to which they are attached The an- tenna's appearance shall be such that ~ts color and texture blends w~th the surroundang surface of the bmldang (f) Wh~p antennas are penmtted on non-residential bmldlngs and multi-family dwellings in all zomng dastncts, provided that the total length of smd wh~p antennas, regardless of mounting method or location, does not exceed 15 percent of the height of the bmldang (g) Only one braiding/roof mounted antenna support structure, less than 100 square feet (9 square meters) in area, is permitted per 5,000 square feet (450 square meters) of bufldang floor area Sec 3fi-423. Dish Antenna Mounting Standards (a) Dlsh antennas shall not be permitted ~n any fi'out setback area or sldeyard setback adja- cent to any roadway (b) Ground mounted dish antennas ~n excess of 5 feet (1 5 meters) in height shall be screened from roadways and adjacent property by a m~mmum 6 foot (1 8 meter) high screemng fence, evergreen hedge, or masonry wall (c) Dlsh antennas m excess of 10 feet (3 meters) in height or more than 10 feet (3 meters) in daameter shall not be permitted m any residential zomng dastnct (d) Bulldmg/roof mounted dash antennas 1 meter or less ~n daameter are permitted ~n all zon- ing dastncts indicated ~n Dlws~on 2 "Use Regulations" and other applicable regulations of th~s chapter (e) Bmldang/roof mounted dash antennas 2 meters or less in daameter are permitted on all bmldmgs m excess of 5,000 square feet (450 square meters) of bmldang floor area m the non-res~dentml dastncts mdacated m D~vls~on 2 "Use Regulations" and other apphcable regulations of this chapter (f) Only one bmldang/roof mounted dash antenna, 2 meters or less ~n daameter, is permitted p~r 5,000 square feet (450 square meters) of bufldang floor area on non-residential build- ings and on multa-famfly dwelhngs m the residential zoning dastncts mdacated in D~ws~on 2 "Use Regulatmns' and other appheable regulations of th~s chapter (g) Bmldang/roof mounted dash antennas ~n excess of 2 meters ~n daameter may be permitted on bmldangs in excess of 100,000 square feet (9,000 square meters) of building floor area 32. in the non-residential dlsmcts ~ndmated in D~vls~on 2 "Use Regulations" and other appli- cable regulations of this chapter (h) Building/roof mounted d~sh antennas ~n excess of 1 meter ~n diameter ~n residential zon- ing chstncts shall be painted to have an appearance that blends w~th the bmld~ng on which they are located or to be located so that they are not wslble from any adjacent roadway (i) Building/roof mounted d~sh antennas in excess of 2 meters in dmmeter in non-res~dentml districts shall be painted or screened w~th enclosures so as to have an appearance that blends with the building on which they are located or to be located so that they are not visible from any adjacent roadway Sec 35-424. Structural Certification Prior to the installation of any braiding/roof mounted telecommtmicat~ons antenna, an- tenna array, or support structure the City's Building Official shall be provided with an engineer's cerhficat~on that the structure will support and not be adversely affected by the proposed antenna and associated equipment Sec 35-425. Appeal Any entity that desires to erect or utihze telecommunication facilities that w~shes to pre- sent evidence that such entity would be hmlted by the current ordinances or regulations of the C~ty dealing with zomng and land use may apply for such use under this section The City Council shall, upon a showing that strict apphcatlon of regulations would prohibit or have the effect of prohibiting personal wireless service, as defined by federal law, modify the subject regulations, consistent with the spirit and intent of th~s chapter and section, to the extent neces- sary to prevent the prohabltlon Sec 35-426. Violation Deemed Nuisance In adchtion to the penalties provided in this code, any violation of this subchapter is hereby declared to be a nmsance In addition to any other rehefprovided by this subehapter, the City may apply to a court of competent jurisdiction for an mjnnction to prohibit the continuation of any violation of this article, and other avmlable relief SECTION II That any person violating any provls~on of this ordinance shall, upon con- VlCtion, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate offense SECTION III That nothing ~n this ordinance shall be construed as a waiver of the City's right to bnng a civil action to enforce the provisions of th~s chapter and to seek remedies as al- lowed by law, including, but not limited to the following (a) injunctive rebel to prevent spe- cific conduct that violates the ordinance or to reqmre specxfic conduct that ~s necessary for com- phance wlth the ordinance, and (b) a clwl penalty up to $1,000 00 a day when it ~s shown that the defendant was actually notffied of the provisions of the ordinance and alter receiving notice 33. commxtted acts in wolat~on of the ordinance or failed to take action necessary for comphance wtth the ordinance SECTION IV That ff any section, subsectton, paragraph, sentence, clause, phrase, or word m thxs ordmance, or epphcataon thereof to any person or ctrcumstance ts held ~nvahd by any court of competent junsthetlon, such holding shall not affect the vahd~ty of the remaimng porttons of thts ordinance, the Cxty Coancfl of the Ctty of Denton hereby declares that they would have enacted such remaimng portxons desptte any such vahdtty SECTION V That all ordinances or parts of ordinances tn force when the prows~ons of thxs ordinance became effecttve whtch are mconststent or in confltct w~th the terms or prowslons contained m this ordinance are hereby repealed to the extent of any such conflict only SECTION VI That thts orchnance shall become effecttve fourteen (14) days from the date of xts passage, and the C~ty Secretary is hereby dtrected to cause the caption of thts ordi- nance to be pubhshed twice xn the Denton Record-Chrontcle, a daily newspaper pubhshed tn the Ctty of Denton, Texas, wxthm ten (10) days of the date of its passage PASSED AND APPROVED th~s the day of ,2000 EULINE BROCK, MAYOR ATTEST' JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 34. Age~da No ~) ~ ' ~)'3 7_ AGENDA INFORMATION SHEET ~n&l Itsm ~ ~ ] AGENDA DATE: August 15, 2000 DEPARTMENT' Planning Department .J CM/DCM/ACM. David Hill, 349~8314 SUBJECT - A-82 (Huffine Tract) Consider adoption of an ordinance to correct an inadvertent error in Ordinance No 99-203 which is an ordinance annexing into the City of Denton certain real property located on the east side of Interstate Highway 35W, north of Crawford Road, and west of U S Highway 377 Said error being an inadvertent error in the description of the property being annexed which should have been approximately 472 acres instead of approximately 1055 acres BACKGROUND On June 15, 1999 the City Council approved Ordinance No 99-203 (See Attachment 2) which annexed certain leal property into the City of Denton, Texas (the Huffines tract) The caption of Ordmance No 99-203 stated that the property being annexed is a tract of land compnsmg 472 acres, located on the east side of Interstate H~ghway 35W, north of Crawford Road west ofU S Highway 377 The minnies of the city Cotmefl annexation pubhc heanng held on April 20, 1999 clearly shows that the C~ty Council intended to only annex the 472 acre tract Exlubit A attached to Ordmanee N 99-203 (See Attachment 2) was a description of 1025 acres of land (the original annexation petition included property that was eventually removed fi.om the petition) That extublt was an inadvertent error and did not accurately describe the property that was annexed Exb_lblt A attached to the revised ordinance (Attachment 1) is the correct descnptmn of the property that was annexed FISCAL INFORMATION None at th~s time SUGGESTED RECOMMENDATION Staff recommends approval of the attached ordinance OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item ATTACHMENTS 1 Revised Ordinance 2 Ordinance No 99-203 (with Exhibit A only) Dodglas~S Powell, AICP - Director of Planning and Development Prepared by Assistant Director of Plarmmg and Development 2 ATTACHMENT 1 S \O~r Docum~nt~\Ordmanc~s\00~A-82 correcting am~ndmont doc ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO CORRECT AN INADVERTENT ERROR IN ORDINANCE NO 99-203 WHICH IS AN ORDINANCE ANNEXING INTO TO THE CITY OF DENTON CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF INTERSTATE HIGHWAY 35W, NORTH OF CRAWFORD ROAD, AND WEST OF U S HIGHWAY 377 IN DENTON COUNTY, TEXAS, SAID ERROR BEING AN INADVERTENT ERROR IN THE DESCRIPTION OF THE PROPERTY BEING ANNEXED WHICH SHOULD HAVE BEEN APPROXIMATELY 472 ACRES INSTEAD OF APPROXIMATELY 1025 ACRES, MAKING SUCH CORRECTION RETROACTIVE TO JUNE 15, 1999, BEING THE DATE OF PASSAGE OF ORDINANCE NO 99-203, DIRECTING THE CITY MANAGER, OR HIS DESIGNEE, TO INFORM THE DENTON COUNTY APPRAISAL DISTRICT AND AFFECTED TAXING AUTHORITIES OF THIS ERROR AND THE CORRECTIONS MADE BY THIS ORDINANCE AND REQUESTING THAT THE APPRAISAL DISTRICT AND AFFECTING TAXING AUTHORITIES MAKE SUCH ADJUSTMENT IN TAXES RESULTING FROM THIS CORRECTION, AS MAY BE PERMITTED BY LAW, PROVIDING AN EFFECTIVE DATE (A-82) WHEREAS, on June 15, 1999 the Cgy Counml approved Or(hnance No 99-203 which annexed c~rtmn real property ~nto the C~ty of Denton, Texas, and WHEREAS, the caption of Ord,nance No 99-203 stated that the property being annexed ts a tract of land compnsmg 472 acres, located on the east s~de of Interstate H~ghway 35W, north of Crawford Road west ofU S H~ghway 377, and WHEREAS, the minutes of the Oty Cotmcfl annexation pubhc heanng held on Apnl 20, 1999 clearly show that the C~ty Council intended to only annex the 472 tract, and WHEREAS, the C~ty Council finds that Exhibit A attached to Ordinance No 99-203 being a descnptmn of 1025 acres of land was an inadvertent error and does not accurately describe the property that was annexed, but instead, the approximate 472 acre real property described ~n Exhibit A to th~s ordmance ~s m fact the property that was annexed by Ordinance No 99-203, WHEREAS, the C~ty Council finds that th~s or&nance ~s m the pubhc interest, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordinance No 99-203 ~s hereby corrected and amended so that Exhibit A attached hereto and made a part hereof, being a descnptmn of 472 acres of real property (the "472 Acre Property"), substitutes and replaces Exhibit A to Ordmance No 99-203, being a descnpt~mt of 1025 acres of real property, so that the property annexed under Ordinance No 99- 203 ~s the 472 Acre Property Th~s correct~on and amendment ~s retroactive to June 15, 1999, the date of passage of Ordsnance No 99-203 SECTION 2 The C~ty Manager, or h~s designee, ~s d~rected to ~nform the Denton Cotmty Appransal D~stnct and affected taxing authorities of th~s ordinance and the corrections made here~n and request that the Apprmsal D~stnct and affected taxing authorities make such adjustments ~n taxes resulting from th~s correction, as may be permitted by law SECTION 3 All other prowsmns of Ordinance No 99-203 not ~n confhct w~th th~s ordinance shall remmn ~n full force and effect A copy of th~s ordinance shall be attached to Ordinance 99-203 showing the correctmns and amendments hereto approved SECTION 4 The recitations and findings contmned in the preamble ofth~s ordinance are substantive and are ~ncorporated into the body ofth~s ordinance as ~f fully set forth here~n SECTION 5 Th~s Ordinance shall be effecttve ~mmedmtely upon ~ts passage and approval, w~th the corrections and amendments contmned herem hawng retroactive effect as prowded m Section 1 hereof PASSED AND APPROVED th~s the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 4. TRACT THREE ALL that certaan lot, tract or parcel of land lyang and beang satuated in the County of Denton, State of Texas, an the B B B & C R R. Company Survey, Abstract Number 158, B B.B & C.R.R Company Survey, Abstract Number 159, B B B & C R R Company Survey, Abstract Number 160, S Graham Survey, Abstract Number 468, E. Pizano Survey, Abstract Number 994, M Sm&th Survey, Abstract Number 1181, W. Sm&th Survey, Abstract Number 1182 and beang more particularly described as follows. BEGINNING at a poant an the ex&sting Denton caty lam&ts lane as establzshed by Ordinance Number 69-40 (Tract III), beang the most southerly southwest corner of saad Ordinance Number 69-40 (Tract III), saad point lying 500 feet northwesterly of and perpendicular to the centerline of U S Haghway 377 (Fort Worth Drave); THENCE North 27° 28' East parallel with and perpendacular to the centerline of U S Highway 377 (Fort Worth Drmve) along the ex&sting Denton caty limits line as est&bi&shed by Ordanance Number 69-40 (Tract III) a dastance of 1,680 feet to a point for corner, saad point lying in the south lane of the Wall&am Sm&th Survey, Abstract Number 1187 and an the north lane of the Spencer Graham Survey, Abstract Number 468, THENCE North 88° 18' 39" West, departing saad ex&sting Denton city lamir line and continuang along the south lane of the said Willlara Smith Survey, Abstract Number 1187 same being the north lane of the Spencer Graham Survey, Abstract Nu~nber 468 a dastance of 2,030 feet to a point for corner; THENCE North 00° 30' 52" East a distance of 2,769.64 feet to a point for corner, saad point lyang on the south l~ne of the B B B & C.R R Company Survey, Abstract Number 159, said point also beang the on the north l~ne of the Walliam Smith Survey, Abstract Nu/nber 1182, saad poant also lyang ~n Johnson Road, C \My Documents\My Documents\FIELDNOT\huff_tract3_042199 doc 1 5. TRACT THREE THENCE westerly along said survey lanes passing at 731 feet a southeast corner of a tract annexed by the City of Denton by Ordinance NLunber 91-033 (Tract I) and continuing along sa~d existing Denton city limit l~ne established by Ordinance Number 91-033 (Tract 1) and along sa~d survey lines a total distance of 3,083.69 feet to a point for corner, sa~d point being the northeast corner of the B.B.B & C.R R. Company Survey, Abstract Number 158, said point also being the northwest corner of the Will~am Smith Survey, Abstract N=mber 1182 and also being at the · ntersection of Johnson Lane and Paine Road, THENCE South 00° 02' 39" West along the ex~st~ng Denton city l~m~ts line established by Ordinance Number 91-033 (Tract I) and along the east line of the sa~d B B B & C R R. Company Survey, Abstract Nut, her 158 a distance of 3,648.27 feet to a point for corner; THENCE North 89° 32' 20" West along the ex~st~ng Denton c~ty l~m~ts lane established by Ordinance Number 91-033 (Tract I) a dzstance of 2,290.84 feet to a point for corner, THENCE North 00° 58' 25" East along the ex~st~ng Denton city l~m~ts line established by Ordznance Number 91-033 (Tract I) a d~stance of 300 feet to a point for corner, sazd poznt being at an intersection of the City of Denton annexation tract lines of Ordinance Nua~ber 74-36 (Tract I) and of Ordinance Number 91-033 (Tract I), said polnt also lylng 500 feet southwesterly of and perpendicular to the centerllne of Interstate H~ghway 35 West; THENCE South 29° 55' 51" West, 500 feet southwesterly of and parallel to the centerl~ne of Interstate H~ghway 35 West and along the existing Denton city limits l~ne established by Ordinance Nu/nber 74-36 (Tract I), a distance of 1,300 feet to a point for corner; THENCE North 89° 54' 05" East , departing said existing Denton city limits line established by Ordinance Number 74-36 (Tract I), a distance of 350 feet to a point for corner, said point C \My Documents\My Documen~s\FIELDNOT\huff_tract3_042199 doc 2 6 TRACT THREE beang the northeast corner of a tract to Jed Arthur Cooper by deed recorded an Volume 559, Page 459 of the Deed Records of Denton County, Texas; THENCE South 00° 15' 03" West along the east lane of saad Cooper tract a distance of 428.80 feet to a point for corner, said poant being the northwest corner of a tract to Joe T Sampson by deed recorded an Volume 3097, Page 570 of the Real Property Records of Denton County, Texas, THENCE South 89° 44' 50" East along the north line of saad Sampson tract a distance of 200.05 feet to a poant for corner, saad point beang the northeast corner of said Sampson tract, THENCE South 00° 07' 51" West along the east lane of saad Sampson tract a distance of 375 feet to a poant for corner, said point lying on the north right-of-way lane of Crawford Road and said poant also lying 25 feet north of the common Apportaonment Agreement lane establashed on Noven~ber 18th, 1969 between the Caty of Denton and the Town of Argyle and recorded in Volume 716, Page 145 an the Deed Records of Denton County, Texas; THENCE in an easterly darection along the north lane of Crawford Road most of the way and being 25' north of and parallel to the saad Denton/Argyle agreement lane a dastance of 2,351 feet to a poant for corner, saad point lying 25 feet west of the said Denton/Argyle agreement line and saad poant lyang on the west raght-of-way lane of John Paine Road, THENCE in a northerly darectaon along the west raght-of-way line of John Paane Road, 25 feet west of and parallel to saad Denton/Argyle agreement line a dastance of 767 feet to a poant for corner, THENCE South 88° 30' East passing at 25 feet the east lane of the B B B & C R.R Survey, Abstract Number 158, s~ne beang the northwest corner of the William Gazaway Survey, Abstract Number 480, same being the southwest corner of the Mary Smith Survey, C \My Documents\My Documents\FIELDNOT\huff_tract3_042199 doc 3 7. TRACT THREE Abstract Nua%ber 1181, same being a cor~non corner along the saad Denton/Argyle agreement line, and passang at 2,641 feet the northeast corner of the saad William Gazaway Survey, Abstract Number 480 same being the southeast corner of said Mary Smath Survey, Abstract Nu~nber 1181 same beang the west lane of the S Graham Survey, Abstract Number 468 and continuing along saad agreement line a total dastance of 4,666 feet to a poant an the centerline of the Union Pacific Railroad (formerly the Texas & Pacafac Raalway) for corner, THENCE North 27° 15' East with the centerlane of the Unaon Pacafic Railroad and along the saad Denton/Argyle agreement lane a distance 250 feet, more or less, to a point for corner, said point lying on a southerly line of the exlstang Denton city lamits as established by Ordinance NLumber 69-40 (Tract III), THENCE westerly along sa~d existing Denton caty lamats line as established by Ordanance Number 69-40 (Tract III), departang the said Denton/Argyle agreement line, a dastance of 430 feet to the POINT OF BEGINNING and containing 472 acres of land C \My Documents\My Documents\FIELDNOT\huff_tract3_042199 doc 4 8 ATTACHMENT 2 No AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT COMPRISING 472 ACRES, LOCATED ON THE EAST SIDE OF INTERSTATE HIGHWAY 1-35W, NORTH OF CRAWFORD ROAD, AND WEST U S HIGHWAY 377, PROVIDING A SEVEKABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE (A-82) WHEREAS, the City of Denton w~shes to extend its City limits line to include the 472 acre tract labeled "Tract #3", as descnbed in Exinblt A, and WHEREAS, public heanngs were held in the Council Chambers on March 29th, 1999, and March 30th, 1999, to allow all interested persons to state their views and present ewdence beanng uponltins annexation, and WHEREAS, after a public heanng on Apnl 14th, 1999, the City of Denton Planmng and Zoning Commission recommended approval of the annexation by a vote of 4-2, and WHEREAS, annexation proceedings were instituted for the property ,dmescnbed hereto by the introduction ofttus ordinance at a meeting of the City Council on Apnl 20 , 1999, and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City ef Denton after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter, and WHEREAS, the City Council finds that the annexation will be in compliance with the 1999 Growth Management Strategy, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the tract of land labeled "Tract #3", descnbed in Exinbit A, attached hereto and incorporated by reference, is annexed to the City of Denton, Texas SECTION II That the service plan attached as Exinblt B, and incorporated by reference, winch provides for the extension of mumclpal services to the annexed property, is approved as part of tins ordinance SECTION III. The annexed property is temporarily classified as Alpucultural (A) zonm§ district clasmficat~on and use demgnatlon ~F~ The City of Denton official zornn§ map is amended to show the Agncultural~ (A) zomng dlstnct and use classification of the property annexed SECTION V. Should any part of tins ordinance be held illegal for any reason, the holding shall not affect the remaimng portion of tins ordinance and the C~ty Council hereby declares it to be its purpose to annex to the City of Denton all the real property described in Exhibit A regardless of whether any other part of the descnbed property is hereby effectively annexed to the C~ty If any part of the real property annexed ~s already tneluded w~th~n the mty hm~ts of the City of Denton or wtthm the hm~ts of any other mty, town or wllage, or m not w~th~n the City of Denton's junsdtct~on to annex, the same ~s hereby excluded from the temtory annexed as fully as ffthe excluded area were not expressly described ~n thru ordinance SECTION VI That thru ordinance shall become effecttve fourteen (14) days fi:om the date or,ts final passage, and the C~ty Secretary m hereby d~rected to cause the entire ordinance to be pubhshed once or the descriptive caption to be pubhshed twice ~n the Denton Record- Chromcle, the offimal newspaper of the C~ty of Denton, Texas, w~th~n ten (10) days of the date of ~ts passage PASSED AND APPROVED this the /~'-~'/~ day of (~'~/~/~ ,1999 , JACK ~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 10 Exhibit A MAP OF ANNEXATION TRACTS Exhibit A TRACT #3 COMMENCING at a point in the ex~sbng Denton c~ty limit I~ne as estabhshed by annexabon Ordinance 74-36 (Tract I), said point lying 577 feet east of the ~ntersect~on of the centerl~nes of Interstate H~ghway 35 West and Crawford Road. said point also being 500 feet southeasterly from and perpendicular to the centerhne of Interstate Highway 35 West, said point also lying on the common Apportionment Agreement hne estabhshed on November 18~", 1969 between the City of Denton and the Town of Argyle and recorded in Volume 716, Page 145 in the Deed Records of Denton County, Texas, sa~d point lying in the south line of the E P~zano Survey, Abstract Number 994 and the north I~ne of the Patrick Rock Survey, Abstract Number 1063, THENCE North 29 degrees 55minutes 51seconds East along the existing Denton city I~m~t line (Ordinance 74-36(Tract I)), paratlel with and 500 feet perpendicular to the centerllne of I H 35 West a distance of 28 83 feet to the POINT OF BEGINNING, said point lying on the north r~ght-of-way I~ne of Crawford Road, 25 feet north of the said Denton/Argyle agreement line, THENCE ~n an easterly direction along the north line of Crawford Road most of the way and being 25' north of and parallel to the sa~d Denton/Argyle agreement I~ne a d~stance of 3,373 feet to a point for corner, said point lying 25 feet west of the said Denton/Argyle agreement line and said point lying on the west right-of.way I~ne of John Paine Road, THENCE ~n a northerly d~recbon along the west right-of-way hne of John Paine Road, 25 feet west of and parallel to said Denton/Argyle agreement line a distance of 767 feet to a point for corner, THENCE South 88 degrees 30 m~nutes East passing at 25 feet the east hne of the B B B & C R R Survey, Abstract Number 158, same being the northwest corner of the Wilham Gazaway Survey, Abstract Number 480, same being the southwest corner of the Mary Smith Survey, Abstract Number 1181, same being a common corner along the said Denton/Argyle agreement hne, and passing at 2,641 feet the northeast corner of the said W~lltam Gazaway Survey, Abstract Number 480 same being the southeast corner of said Mary Smith Survey, Abstract Number 1181 same being the west I~ne of the S Graham Survey, Abstract Number 468 and conhnulng along said agreement hne a total d~stance of 4,666 feet to a point ~n the centerline of the Union Pacific Railroad (formerly the Texas & Pacific Railway) for corner, THENCE North 27 degrees 15 minutes East w~th the centerhne of the Union Pacific Railroad and along the sa~d Denton/Argyle agreement line a distance 250 feet, more or less, to a point for corner, said point lying on a southerly line of the existing Denton city hmits as estabhshed by Ordinance 69-40 (Tract III), THENCE westerly along sald existing Denton city limits I~ne as established by Ordinance 69-40 (Tract III), departing the said Denton/Argyle agreement hne, a dtstance of 430 feet to a point for corner, said point lying 500 feet northwesterly of and perpendicular to the centerl~ne of U S H~ghway 377 (Fort Worth Drive), THENCE North 27 degrees 28 m~nutes East parallel w~th and perpendicular to the centerhne of U S H~ghway 377 (Fort Worth Drive) along the exisbng Denton city hm~ts I~ne as estabhshed by Ordinance 69- 12. 40 (Tract III) a d~s{ance of 2,370 feet to a point for corner, sa~d point lying ~n the east line of the Wilham Smith Survey, Abstract Number 1187 and in the west line of the W~ll~am Hudson Survey, Abstract Number 586, sa~d point being in the most westerly northwest corner of a called 28 67 acre tract d~sannexed by the C~ty of Denton on August 19, 1980 by Ordinance 80-61, THENCE South along the western I~ne of said dlsannexat~on tract (Ordinance 80-61) a d~stance of 722 24 feet to a point for corner, THENCE North 28 degrees 05 m~nutes East along the east boundary hne of a tract called "Third Tract" conveyed from E D Massey and wife, Ada C Massey to W~lliam T Smith and w~fe, Nona Smith by deed dated May 28, 1940 and recorded in Volume 284, Page 187 of the Deed Records of Denton County, Texas, same being a boundary line of the 28 67 acre d~sannexed tract, passing at 1,495 50 feet the northeast corner of sa~d '"Third Tract" same being the southeast corner of a called "Second Tract" also conveyed from Massey to Smith in the above mentioned ~nstrument and continuing a total distance of 3,388 50 feet to a point for corner, said point being the southeast corner of a tract of land conveyed from John W Hooeer to the Texas & Pacific Railway Company by deed dated February 23, 1929 and recorded ~n Volume 222, Page 555 of the Deed Records of Denton County, Texas, THENCE North 618 559 West along the south line of said Texas & Pacific Railway Company tract, same being a boundary line of the 28 67 acre disannexed tract, a d~stance of 50 feet to a pmnt for corner, said point being the southwest corner of said Texas & Pacific Railway Company tract, THENCE North 28 degrees 05 m~nutes East along the west boundary I~ne of said Texas & Pacific Railway Company tract, same being a boundary line of the 28 67 acre disannexed tract, a d~stance of 785 04 feet to a point for corner, sa~d point being the northwest corner of the sa~d Texas & Pacific Railway Company tract and being a point on the north hne of the said Massey to Smith "Second Tract", THENCE South 89 degrees 45 minutes West along the north hne of the sa~d Massey to Smith "Second Tract", same being a boundary I~ne of the 28 67 acre disannexed tract, a d~stance of 329 47 feet to a point for corner, said point being 500 feet northwesterly of and perpendicular to the centerline of U S Highway 377 (Fort Worth Drive) and being the most northerly northwest corner of the called 28 67 acre d~sannexation tract (City of Denton Ordinance 80-61) and being a point on the existing Denton c~ty limit line established by Ordinance 69-40 (Tract III), said point also lying on the north line of the H Haygood Survey, Abstract Number 517 and the south line of the B B B & C R R Company Survey, Abstract Number 160, THENCE North 27 degrees 28 minutes East 500 feet northwesterly of and perpendicular to the centerline of U S H~ghway 377 (Fort Worth Drive) and along the ex~sbng Denton city hm~t i~ne as established by Ordinance 69-40 (Tract III) a d~stance of 2,250 feet to a point for corner, said point being at an intersection of the City of Denton annexation tract I~nes of Ordinance 69-40 (Tract III) and of Ordinance 91-033 (Tract I) and also being a point ~n AIIred Road, THENCE North 89 degrees 27 minutes 39 seconds West along the ex~sbng Denton city I~mlts line established by Ordinance 91-033 (Tract I) and along Allred Road a distance of 3,539 61 feet to a point for corner, 13. THENCE North 89 degrees 41 m~nutes 30 seconds West along the ex~stmg Denton city hm~ts hne established by Ordinance 91-033 (Tract I) and along Allrad Road a d~stance of 2,122 09 feet to a point for corner, THENCE South 008 069 520 West along the ex~st~ng Denton c~ty I~m~ts line estabhshed by Ordinance 91- 033 (Tract I) a distance of 2,639 77 feet to a point for corner, sa~d point lying in Johnson Lane, THENCE North 89 degrees 27 m~nutes 34 seconds West along the ex~stmg Denton city hm~ts hne estabhshed by Ordinance 91-033 (Tract I) a distance of 2,353 07 feet to a point for corner, said point being the northeast corner of the B B B & C R R Company Survey, Abstract Number 158, said point also being the northwest corner of the Wilham Smith Survey, Abstract Number 1182 and also being at the ~ntersecbon of Johnson Lane and Paine Road, THENCE South O0degrees 02 minutes 39 seconds West along the ex~st~ng Denton city limits hne estabhshed by Ordinance 91-033 (Tract I) and along the east hne of the said B B B & C R R Company Survey, Abstract Number 158 a d~stance of 3,648 27 feet to a point for corner, THENCE North 89 degrees 32 m~nute 20 seconds West along the ex~stmg Denton c~ty hm~ts line established by Ordinance 91-033 (Tract I) a distance of 2,290 84 feet to a point for corner, THENCE North 00 degrees 68 minutes 25 seconds East along the ex~st~ng Denton c~ty hrnlts line estabhshed by Ordinance 91-033 (Tract I) a distance of 300 feet to e point for corner, sa~d point being at an intersection of the City of Denton annexation tract lines of Ordinance 74-36 (Tract I) and of Ordinance 91-033 (Traot I), said point also lying 500 feet southwesterly of and perpendicular to the centerline if Interstate H~ghway 35 West, THENCE South 2g degrees 65 minutes 51 seconds West, 500 feet southwesterly of and parallel to the centerhne ff Interstate Highway 35 West and along the ex~st~ng Denton c~ty limits hne established by Ordinance 7~.-36 (Tract I), a d~stance of 1,445 feet to a point for corner, sald point lying at an Intersection of the C~ty of Denton annexation tract lines of Ordinance 74-36 (Tract I) and of Ordinance 91-033 (Tract THENCE South 00 degrees 03 m~nutes 00 seconds East along the east I~ne of sa~d C~ty of Denton annexation tract (Ordinance gl-033 (Tract II)) a d~stance of 50 feet to a point for corner, THENCE North 87 degrees 13 minutes 13 seconds West along the south hne of sa~d City of Denton annexation tract (Ordinance 91-033 (Tract II)) a distance of 30 feet to a point for corner, said point also lying 500 feet southwesterly of and perpendicular to the centerhne If Interstate Highway 35 West and also lying at an Intersection of the C~ty of Denton annexation tract hnes of Ordinance 91-033 (Tract II) and of Ordinance 74-36 (Tract I), THENCE South 29 degrees 55 minutes West 500 feet southwesterly of and parallel to the centerhne if Interstate Highway 35 West and along the existing Denton city hmtts hne established by Ordinance 74-36 (Tract I) a distance of 720 feet to the POINT OF BEGINNING and containing !,025 acres of land, more or less 3.4. AGENDA INFORMATION SHEET Agend~,No. o ~'-~ '~ Agenda ~tem ~- ~ ~k. Date ,~,, ! .,¢'- o c;, _ AGENDA DATE: August 15, 2000 DEPART~IENT' Planning Department CM/DCM/ACM: Dave Hill, 349-8314 ~/ SUBJECT - RR-00-017 (Bellmre North Addition) Consider and take action on a request for rebel from the Residential Interim Regulations, Ordinance 2000-46, for a 31 4 acre parcel north of Audra Lane and west o£ Mockingbird The property is m a Planned Development (PD-127) zoning district An amended Detail Plan is proposed reducing the total number of smgle-£amlly residential lots from 136-127 BACKGROUND This item, was ongmally scheduled on the July 25, 2000 City Council agenda The applicant requested Ithe item to be postponed and City Council granted the request Staff reseheduled the item for tbas agenda meeting Attached is July 25, 2000 Staff Report, no new information has been received ATTACHMENTS 1 City Council Staff Report, July 25, 2000, RR-00-017 Re&oect full~ submitted Douglas SI Powell, AICP Director of Planmng and Development Prepared by Rat~hff, tI Development Review Manager Agenda No Agenda._~ ~ . _ , ~ _~.~...~ltem Date AGENDA INFORMATION SHEET ~ AGENDA DATE: July 25th, 2000 DEPARTMENT: Planning &Devel°pment D~plartmentl_.~ CM/DCM/ACM. Dave Hdl, 349-8314 ~ SUBJECT Consider and take actton on a request for rehef from the Residential Interim Regulations, Ordinance 2000-046, for a 31 4 acre parcel north of Audra Lane and west of Mockingbird The property ~s ~n a Planned Development (PD-127) zomng d~str~ct An amended Detaded Plan ~s proposed reducing the total number ofsmgle-famdy res~dent~al lots form 136to 127 (RR-00-017, Bella~reNorthAddttmn) .BACKGROUND An apphcatton for request for rebel from the Res~dentml Interim Regulatmns has been received (see Attachment 1) Background ~nformat~on regarding the current status of th~s case ~s prowded m Attachment 2 Ordinance 2000-046, known as the Res~dentml Interim Regulatmns, was adopted by C~ty Councd on February 1st, 2000 This orthnance contmns standards ,oath which restdentml development projects must comply untd the Code Rewr~te project ~s completed and permanent standards are adopted Ordinances 2000-046 also contmns a separate seetton that allows apphcants to request rebel from the ~nter~m regulatmns, including evaluatmn criteria to be used by Councd Sectmn F Rehef Procedures The apphcant may pet~tton the Crty Councd for rehef from these interim development regulattons by requesting such rehef m writing 2 The C~ty Councd shall not reheve the apphcant from the requtrements of th~s ordinance, unless the apphcant first presents credible ewdence from which the C~ty Council can reasonably conclude that the impos~tmn of the restdentml dens~ty hm~tatmns or other development standards depnvas the apphcam of a vested property right or deprives the apphcant of the econommally wable use ofh~s land 3 In decldmg whether to grant rehef to the appheant, the C~ty Courted shall take into cons~deratmn the following (a) whether granting rehef from the residential density hmttatmns or other development standards contained ~n these ~ntenm development regulatmns, m the absence of permanent rewsmns to the C~ty's Land Development Code that ~mplement the prov~smns of the comprehensive plan jeopardizes the C~ty's best interests tn preventing such effects, (b) the smtabd~ty of the proposed restdent~al uses ~n hght of land uses allowed ~n the zomng districts on property adjacent to the proposed s~te, (c) the ~mpact of the proposed res~dentml use on the transportatmn and other pubhc facdmas systems affected by the development, (d) the measures proposed to be taken by the apphcant to prevent negative tmpacts of the proposed use on the neighborhood, (e) the hkel,hood that sufficient relief w~ll be prowded to the apphcant following adoption of the Ctty's Development Code, (0 the total expenditures made m connection wtth the proposed residential development tn reliance on prior regulations, ~ncludmg the costs of mstalhng infrastructure to serve the project, (g) any fees reasonably paid m connection w~th the proposed use, (h) any representations made by the City concerning the project and reasonably rehed upon to the detriment of the apphcant 4 The Ctty Council may take the following actions (a) deny the reltef request, (b) grant the rehef request, or (c) grant the rehef request subject to conditions consistent wtth the criteria set forth tn this sectton 5 Any rehet' granted by the City Couned shall be the mm~mum devtatton from ordmanee requirements necessary to prevent depr~vation of a vested property right OPTIONS Couned may etther 1 Deny the request for relief, or 2 Grant the request for relief, or 3 Grant the request for rehef, subject to condttions conststent w~th the evaluation crtteria set forth In the ordinance (and referenced above) RECOMMENDATION Staff recommehds that the dectsion of whether or not to grant the requests for rehef should be based on the merits of each tndlvldual appheatlon ESTIMATED IPROJECT SCHEDULE Review schedules are discussed in the attachments PRIOR ACTION/REVIEW One petition was revtewed on May 2, 2000 1 Doyle Addition - approved Two pettttons were reviewed on April 18, 2000 2 Evers Park- approved 3 Summit Oaks Addition, Phase II - approved Ftve petitions were revtewed on April 4, 2000 I Lakevlew Ranch - approved 2 Audra Oaks - approved 3 Robinson Oaks - denied 4 Bell~ Bryan Apartments - approved 5 Behnmg Place - approved Two petmons were reviewed on March 7, 2000 6 Shadow Brook Place - approved 7 Beverly Park Estates - approved One petition was reviewed on February 15, 2000 I Golden Triangle Joint Venture (Z-99-096)- approved FISCAL INFORMATION The petitions are being processed and brought to Council using existing staff resources ATTACHMENTS 1 Staffreport Respectfully submitted Douglas [ Powell, AICP Director of Planmng and Development ATTACH~IENT 1 WAIVER REQUEST STAFF REPORT I Subject Bellalre North Addition Case Number RR-00-17 Staff' Larry Re~chhart BACKGROUND' Request Relief from the Residential Intenm Regulabons (Ordinance No 00-046) to proceed with zoning and platting for a s~ngle-famfly development on a 31 + acre parcel Location Generally the northwest corner of Mockingbird and Audra (see Enclosure 1) Zomng PD-127 (see Enclosure 1) Acreage 31 412 acres Platbng The property ~s not platted Comp Plan Consistency The Comprehensive Plan ~dentlfles th~s property to be within the "Neighborhood Centers" D~stnct (see enclosure 2) These areas may develop ~n convenbonal patterns or may be developed ~n a pattern of 'neighborhood centers' S~ngle-famfly development ~s consistent w~th the ~ntent of the Comprehensive Plan The property also has 100 year floodplain on ~t Any ~ssues related to the floodplain will be resolved dunng zoning plan approval (~f the waiver ~s demed) or dunng the platting process (if the waiver ~s approved) CONCLUSION. Additional Approvals Without Relief With Relief Zomng Plan ' Required ~ ~ ~, Not Required ProJect Plan Reqmred~ ~ ~'~r~ Not Required R ,i~. i PD Amended Detailed Plan Reqmred', r,~i~,, equ re, q, Prehminary Plat Required' ~'4 Requir~i~ r Final Plat Required Requlr~i~ Building Permit Required Requ re~ ENCLOSURES: 1 Zoning Map 2 Land Use Map 3 Apphcat~on ENCLOSURE 1 ~ NORTH 3ellaJre North Addition ZONING MAP Scale' None 5. ENCLOSURE 2 ~ Bellaire North Addition NORTH ~t~ployment Cen~er Infill Compatlbfli~.~. ~ ~j SITE Neighborhood LAND USE MAP Scale None 6. ENCLOSURE 3 IN'f~.RIM ORDINANCI RFLI£F APPLICATION FO~dVl APPLICAR ION FOR RF t.lk~ FKOM Res~denual Interim Ordinance $IGNA~ OF PROPER l Y O~ER OR APPL ICAN 1 lot ~t,art,ncmt,tl Use O,dy Su~nbed a,,d sworn beto~ m~ N,. ~ry Public I , A~pIJCA~ ION DLADLINL 7 Non-~d~c~l [n[erlm Ordm~nc~ &pphc~mn K~utr~nts ~be ~pphc~nt ~yp~tlonthe~ ~W~u~c:l forrehe~Eomtbc~m~nmdevdopm~ regues~m~ such relief m wrmng I h~ request for ~hef sh~]] ocher development ~nd=rds deprives ~he ~pplsc~ of a · es~d prope~y n~ or depnv~ ~he ~p~hca=~ ot d~e ecosxom~c~ly ~ s t~le u~ of ~he~ The apphcant ts r~qu~ted to sub~t $uffictenc mform~rson addresemg ~he f~llo~mg cr~tersa The appIsc3n~ wdl also be conc4m~ m ~h~ m~enm ~alopmenc ~uh~,0n, m ~dl~cem ~o the p~oposed ~he dev~lopmem, 0 Any fees re~onably paid an conne~son wsrh Ihe pp~pus~d ~c, Thc Cs~y Co~csl m~y t~ke tha following (l) dtny th~. rcl~cf ~que~t, ~) g~m the ~he~ teques~ or ~7 ~he~ ~t~ bFthe Cloy C~l shall ~thc ~mmn SIGNATURE c~ rtifymg th~x thege regulaisons h,we bean read md und~rsto~ b) the *pphcanr elg e§ed let ~ O0-S-lnP 'SOtSeOS~Z6 ' OUT 6UT~Tnsuoo ~~1 ~ July 8, 2000 PAT ATKIN$ 98003 II~'~den~ Ms Marine Rathff Development Review Manager City o~ Denton 221 iN Elm Denton, TX 78201 3.400 Q~rUn'~ Dr RE Bellaire North Addition Denton, TX Dear Ms Rathff Dallas, lexee 7~2'10 The purpose of the wmver we have submitted to you for review Is ae follows To provide amendment to the Concept Plan approved In 1986 and to tel e72 eo~,e3oo adhere to current 2000 subdlvielO~q regulsbons for street design as requested by the englneenng department in Denton In meeting these 97= sea use requlrementa the lots were reduced from 136 to 127 The Plat was submitted on February 1999 before the new ordinance was passed and was bought under certain condibons The new ordinance adds additional expense to th~$ project and would add financial probtems Because of these facts we respectfully request e waiver to the new ordinance Sincerely, KPA consulting Inc Project Manager t/,t e6ecl .~6;~.9~ O0-9-Tnl' !Elet~SE~OSE£6 ~ OUT ~UT~,Tnsuoo Vd~ ~Et ~.u~ AGENDA INFORMATION SHEET Agenda No, I Agenda Item Date ,~ . i ~.- AGENDA DATE' August 15, 2000 DEPARTMENT: Planning Department DCM David Hill, 349-8314 SUBJECT - V-00-001, Regency Oaks Phase 2 Consider and take action on an exaction variance from Section 34-111(1) of the Code of Ordinance, concerning street classifications for Regency Oaks, Phase 2 The 10 28 acre site located south of Hobson Road and east of Country Club Drive The property ts m a SF-10 conditioned zoning district Single family development ~s proposed (V-00-001, Regency Oaks Phase 2) BACKGROUND The apphcant has requested a variance from Sectmn 34-114 (l) concerning street classfficatmn for an estate section street According to the Subdlmston Regulations, the purpose of an estate section street ~s to provide direct access to single-family lots of 1 acre or more each lot having 100 or more feet of width David Vanderlaan, the apphcant, ns proposing to subdimde lots 6 and 7 of the Regency Oaks Phase 1 Subdivision into 20 residential lots ranging from 16,889 to 32,608 square feet The proposed subd~vismn will have access to an existing 24 feet wide estate section street without curb and gutter The Subdivision Regulations reqmre the apphcant to upgrade the ex~sttng estate section street up to local street standards The improvements include w~denmg the street and adding curb and gutter The developer ts not proposing any improvements to the ex~stmg estate section street Recommendation Staff recommended approval of a partial variance from the street classification for an estate section street by requlnng curb and gutter to both sides of the exlsttng estate section street The addttton of curb and gutter would reqmre the addltton of inlets and possibly storm sewer, and the modification and regradtng behtnd the curbs In addttlon, staff recommended that the existing cul-de-sac bulb be removed The design of an estate section street does not lend itself to the increased development being proposed These roadways are not designed for the increased traffic or increased storm water mn-off that will be generated by the increased denstty being proposed Further, th~s request to vary ex,sting roadway standards has been proposed since the begtnmng of the development of Regency Oaks The apphcant is requesttng a replat of the emsttng two lots into the original configuration that was reviewed and determined to not meet City standards The development of Regency Oaks ~n its current configuratton does not now create a hardshtp for the applicant to argue that the vartance is now warranted The Planmng and Zomng Commtsslon recommends approval (5-2) of a total variance PRIOR P~CTION/REVIEW The following ~s a chronology of V-00-001, commonly known as Regency Oaks Phase 2 Action Taken Apphcat~on Date - January 6, 2000 P&Z Date - February 6, 200 Postponed the variance consideration until the zoning apphcatlon for Regency Oaks Phase 2 was completed June 28, 2000 continued the variance cons~deratlon to address some connectivity ~ssues between the proposed development and the Key- Irwmg Tract to the south July 12, 2000 Recommended approval of a total variance from the street classification The following ~s a chronology of the DRC comments for the Prehmmary Plat for the development commonly known as Regency Oaks Phase 2 Action Taken DRC Date - November 5, 1998 The prehm~nary plat showed 32 lots whmh ~ncluded smaller lots less than I acre on the east port, on of the property Comments indicated that they would need to build a curb and gutter street and we would not support a variance of that reqmrement DRC Date - December 3, 1998 The same comments were made DRC Date - January 14, 1999 A rewsed plat showing all 1+ acre lots including the large ones at the east end (14 lots total) Staff commented that they could braid an estate section street, however ff they came back and redeveloped later, they could be reqmred to upgrade the street to urban standards DRC Date - January 21, 1999 The rewsed plat came back to DRC w~th m~nor corrections At that trine, the developer clearly stated that It was h~s ~ntent~on to come back later to resubdlwde lot 6 (the large lot at the east end) Staff comments stated that ff that occurred as originally submitted (w~th lots less than 1 acre), there would be a reqmrement to upgrade the street to urban standards ATTACHMENTS I Planning and Zoning Commtsslon Reports, June 28, 2000, V-00-001 2 Planning and Zomng Comm~ssmn minutes from June 28, 2000, and July 12, 2000 Rsspectfully submitted Douglas :~ Powell, AI(~P Director of Planning and Development Prepa~~~/~by pD, ~br °;~rhl Vlera Agenda Item //. o~ ' -- 1 ATTACHMENT i D~ ~"/-~ - ~¢9 -- PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM TO PLANNING AND ZONING COMMISSION MEMBERS FROM DEBORAH VIERA, PLANNER I SUBJECT STREET CLASSIFICATION VARIANCE FOR REGENCY OAKS PHASE 2 DATE JULY 12, 2000 CC At the June 28, 2000, regular meenng the Comrmsslon recommended to continue the consaderatlon of the variance request of Section 34-114(1) of the Code of Ordinance concerning street classlfacanon and the prehrmnary replat of Lots 6 and 7 of the Regency Oaks Phase 1 Subdivision The purpose of the continuance was to address some connectivity issues between the proposed replat and the Key-Irwmg Tract to the south As this writing no new mformauon has been provaded to staff Attached as the staff report for the June 28, 2000, regular meeting cay o{ Denton, Planning and Development 221 N ELm, Denton, Texas 76201 w. ww mtyofdenton corn (940) 349 $350 :~az (940) 349 7707 e Agenda No ~ ~ -(;:)/~' Agenda Item -- Memo To Plannmg and Zonmg Commasslon From Dawd Salmon, P E C~ty Engmeer Date 6/19/00 Re Street Classification Variance for Regency Oaks Addmon Phase 2 David Vanderlaan, the owner of the proposed Regency Oaks Subdivision Phase 2 located near the southeast enmer of Hobson Lane and F M 1830 (Country Club Road), has apphed for a variance of seetaon 34-114, (1) of the Code of Ordmances eoneermng street classifications The subject seeUon of the ordmance states that an estate seeuon street is to prowde access to lots of one acre or more w~th w~dths of 100 feet or more The appheant ~s proposmg to subdw~de lots 6 and 7 of the Regency Oaks Addatton mto 20 residential lots rangmg from 16,889 to 32,608 square feet frontmg on an extensaon of Regency Court The applicant proposes a 31-foot residential street w~th curb and gutter m Phase 2 of the subd~vtsmn However, Phase 1 was constructed w~th an estate section street as all the lots were platted,as 1 acre or larger An estate sectaon street is 24 feet w~de w~thout curb and gutter and has rural style dramage Under the developer's proposal, the newly created lots, all less than 1 acre would have sole access from the exlstmg estate section street and cul de sac The developer is not proposmg any maprovements to the existing street The apphcant bases the reason for the variance request on the large cost to reconstruct Regency Court as a standard residential street with curb and gutter through the emstmg subd~vasmn The Comamsston may recommend that tlns exaction variance be approved by the C~ty Council if the followmg criterion as met (b) Criteria for variances from development exactions Where the cornmass~on finds that the tmposatxun of any development exaetmn pursuant to these regulaUons exceeds any reasonable benefit to the property owner or ~s so excessive as to constitute confiscation of the tract to be platted, It may recommend approval of variances to waive such exaetmn's, so as to prevent such excess, to the City Council Waver of developmental exaetmns shall be approved by the C~ty Council In addttron, some bastory concermng the plattmg of Phase 1 may be appheable m determmmg how you rmght apply the concept of cost versus reasonable benefit ~n tbs case You may recall that Phase 1 was platted m 1999 and mcluded many variance requests, winch were uinmately granted The appheant m the current case ~s the same applicant who apphed for the previous variances Vanances included sidewalks, perimeter paving on Hobson Lane, and cul de sac length Later, a dram_age variance was granted When the apphcant came m to DRC for the preliminary plat, they originally showed the smaller lots at the end of the cul de sac (The current zoning would allow tbas) They were told then that they would be requtred to constnaet a standard 31-foot w~de residentaal street instead of an estate seetmon street The apphcant chose not to pursue the smaller lots at that me Antmmpatmng that they rmght try to come back and replat into smaller lots, staff made comments that the street would need to be rebuilt mf that happened Attached are copmes of DRC comments mdleaUng that the eul de sac would have to be rebmlt mfthe large lots were replatted nato smaller lots Staff does not recommend the variance based on the followmng analysms The reqmred paving Improvements would cost approxunately $30,000 mn addmon to constructnag the street extensmn The extensmon will cost approxamately $66,000 for a total of $96,000 Dmvlded among the 20 new lots, flus comes out to be $4,800 per lot However, staff feels that the cost should be dlvaded by all 30 lots accessnag tins street as flus addmtlonal development was anticipated at the tune that Phase 1 was platted That would make the cost per lot $3,200 The average cost of street nupmvements per lot for single-family use mn Denton ms $5,400 Even though the costs by themselves do not support grantnag a vanance, staffrecommends a pamal variance The exmstmg street ms 24 feet w~de By sunply adding curb and gutter to both smdes, the street would be 28 feet vnde, wluch ms the standard that ms currently proposed for large resmdentmal lots m the code rewrite The add~tton of curb and gutter would necessitate the addltmn of inlets and possxbly storm sewer, wluch could be placed behnad the curb There would also need to be some mod~ficatmn and regradmg beband the curbs due to the current borrow, datch drainage In addmtmon, staff recommends that the exastnag eul de sac bulb be removed Recommended Motion I move that we recommend to the Qty Council that a partial variance of sectmon 34-114 (1) be granted for Regency Oaks Phase 2 for Street claSslficat~on as proposed by staffas the cost of upgrading the existing street secUon to resmdenUal standards naeludnag the cost of extending the street would be well wtttun the expected cost of constructing streets naa typmcal resmdentmal subchv~smon · Page CITY OF DENTON APPLICATION FOR VARIANCE OF SUBDIVISION AND LAND DEVELOPMENT REGULATIONS From what artiole of the Subdivision and Land Development Re~ulations are you requesting a var£ance? Petitioner must provide the rationale for the variance using the following five criteria (1) The granting of the variance w~ll not be detrimental to the public safety, health, or welfare or ln3urious to other pro- perty, (2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property, (3) Because of the particular physical surroundings, shape, or topographical conditions of the specific property ~nvolved, a particular hardship to the o~er would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out, Variance Application Continued Page 2 (4) The variance will not in any manner vary the provisions of the Zoning Ordinance, Denton Development Plan, Master Plan, or Studies. (5) The special or peculiar conditions upon which the request is based did not result from or were not created by the act or omission of the owner or any prior owner, subsequent to the date of creation of the requirement from which a variance is sought or, If the variance is from an exaction (eg road construction, right- of-way dedication, drainage improvement a public improvement and/or dedication to the public), the imposition of any development exaction pursuant to these regulations (1) exceeds any reasonable benefit to the property owner or (2) is so excessive as to constitute confiscation of the tract being platted Waiver of developmental exactions shall be considered after a recommendation from the Planning and Zoning Commission by the city council. NOTE~ Request must include the following I. Completed application (one per variance) II $250 fee per variance III Copy of proposed plat and location map Signature of Applicant ~a~e ESTATE J~e 6, 2000 David Salmon Engineering Department C~ty Hall West 221 N Elm Denton, TX 76201 Re Variance Request Dear Mr Salmon, T~us request Is made by the owners of Regency Oaks Phase II, David Vanderlaan and Everette Newland We are requesting a length ora cul-de-sac varmnce There are many unique hardsbaps assocmted wath thxs property that have led us to ask for tbas variance The major obstacle is the physical shape of our property Our ten acres ~s long and skinny and only has frontage on Regency Oaks Drive The second hurdle ~s that before we were aware of the C~ty's opimon of cul-de-sacs, we s~gned an agreement that our road would remain a cul-de-sac We have been threatened with legal action flour original plan changes The third hurdle ~s that many of our ehents want a cul-de-sac envtronment and are putting a substanual amount of pressure on us to pursue ti'us type of development Thank you for your patience, understanding, and consMerat~on Smeerely, Everette Newland 609 Ryan Road o,~Detltoh.'gl'~xas 76.205 . ~hg~e (9~ 10 , · F~ (9~) 243-4549 Metro (9~) ~3-11 Z4 ~ no~htex~realestate E.~ ~no~ht~remestate ~m Engineering and Transportation Comments Development Review Commlttee David Salmon - 940 - 349 - 8358 DWSALMON~cityofdenton.com Meeting Date: 7-1-99 ProJeot Name: Regency Oaks Preliminary Plat Reo_uiremerlt; Variances Required 1. ,Len,gth oflCul..de. Sac.: St .a.a.a~vall not support a. variance of the length of the cul-de-sac shown The aevetopcr l.utenas to place thirty-one lots on this cul-de-sac winch is less than what could be placed on a 1000-foot cul-de-sac in an SI~- 7 subdlvislon, however as the property to the south has recently been zoned for sinl~le family use, it seems reasonable that tins development could coordinate with the d.e.vel .ope.r..to_.the sou_th an,d plan an interco.nn.ectlng strect Interconnectlon of neighborhoods IS consls~ent .W~. ta Denton Development Plan pohmes. Tins would be a physical hardship variance that can be dectded at the P&Z level. 2 Estate Street Section: Staff'vall not support a variance of the standard res~denhal street sectwn (thirty one feet from back of curb to back of curb) requirement vath associated street drainage due to the fact thal the lots towards the eastern end of the cul-de-sa.c are s~gmficantly less than one. acre and therefore generate the use necessary for a full street vadth with assomated underground drainage The requirement applies to the enln'e subdtvis~on 3. Interior and Perimeter Sidewalks: Staffwill not support a vanance for the clunination of stdewalks withh~ the subdiwsion as the majority of the lots arc small enough that the cost associated ruth- !~stalllng sidewalk w°uld be re'line with ,tyl)!cal subdi'asions Sidewalk will.also be required on Country Club Road and Hobson Lane. Staff will not support a variance of the s~dewalk on Hobson I.~e. Tins is an exaction variance and will need to be considered by P&Z and Council 4. Perimeter Paving on Hobson: Staffwili support a part~al vanance of the perimeter pav/ng on Hobson provided that the two lots shown in this configuration are platted as such and are single family in use. This ts an exaction variance and will need to be considered by P&Z and Council. The following com,ments must be addressed with the plat document 1. Tho two lots .t.h...at intend, to access onto Hobson must sharc one drive suoroach A"PrivatcAccess lq. asement" Will be reqtured on the final plat document 2 Hobson and Country Club Roads are classified as secondary artenals A total of eighty feet ofrlght- of-way is required for the ultunate street se, chon Forty feet of right-of-way ~s required from the ~exis.tinl~' cent~.rlin° °f th.e street The existing street centerhnes and nght-of, way dedicahons need to shown onthe prehm-~ary and ting! plat document 3. A TxDot permit will be required for the eounection of the proposed cul.de_sac with Country Club Road and tht/a~sociated drainal~e culverts. Please be aware that pnor to/ina! plat approval, the applicants will need to obtain a TxDOT permit for that road location Page 1 Preliminary Plat Comments Development Review Committee Meeting Date:~ July 1. 1999 Case Number: .. Rev]sion: _ Project Name.' Reaenc¥ Oaks Acreage: unkrmwn Number of Lots: Residential 32 Open Space Nonresidenbal . Total _32 Proposed Use: Single famlly msldentlal lots Development Review Commlffee Representatives: Kathryn NIIssen ,will be your case manager. The following contacts are provided to assist you In reaching the appropriate representative with any questions you may have regarding comments or requests made by a department If you have any questions, please feel free to contact the appropriate representative Department Representative ~ Telephone ~ E-mall Address ~iannlng and Development Mark Donaldson (940) 349-8121 mxdonald~cltvofdenton com Planning and Development Kathryn NIIssen (940) 349-6379 ksntlsse@cltyofdenton.com Engineering & Transportation David Salmon (940) 349-8358 dwsalmon@cltyofdenton com Water/Wastewater Utilities Muhammad Ayub (940) 349-7191 ,-nxayub@cltyofdenton com Watar/Wastewater Utilities Dale Hoelflng (940) 349-7180 dehoeltl@cltyofdenton.com Electric Englneerlng Don McLaughlln (940) 349-7119 dlmclaug@cltyofdenton corn Fire John Gillette (940) 349-8159 jkg~[let@cityofdenton.com Building Inspections Nona Muncle (940) 349-8360 nemuncle@¢Ityofdenton corn Parks & Recreation Janet Simpson (940) 349-8274 Jlslmpso@cltyofdenton corn Economic Development Lori Shelton (940) 349-8305 Idshelto@cityofdenton com Denton lSD Todd Parton (940) 387-6151, 228 tparton@denton lsd tenet edu ReUsed 7/23/98 12 length if there were any d~slre ~ e~end this cul-d~sao 7) The exls!ln~] and proposed zonln~l of the land to be developed and the zonln~l of adjacent land 8) The location and Ident~ficatlon of all exlsting buildings, pari~ng lots, driveways, and other significant structures, Department '/ ~ Comments Planning NONE SHOWN Bulldlng Insp Englneerlng 9) The Identification, location, and size of all existing water and sanitary sewer lines and the associated easements which are located withln or on the boundaries of the develor~ment Department V' ~ Comments Water Utll. Electric 10) The Identification, location, and size of all proposed water and sanitary sewer I~nes and the associated easements which are proposed to serve the development, showing the location, size, and distance of lines to which connections are Department ,/ ~ Comments Water Util. X Electric 11) Detailed Information on the means by which any alternative water or sanitary sewer service is to be provlded~ such as by wells or septic systems. 13 Depprtment Comments Water Utll. 12) The location and routing of all existing or proposed lines, easements, and facilities for providing Comments Electric See attached sheet 13) The Identification, location and size of all existing gas, petroleum, telecommunications or similar common carrier easements located within or on the boundar~ of the development Planning NONE SHOWN 14) The Identification, location, and size of all ex~stmg streets and street rights-of-way located within the develo iments Comments 15) The Identification, location, and size of all proposed streets, sidewalk and slope rights-of-way which are to serve the development, showing the proposed connecbon or alignment with existing or proposed streets.In adjacent df~velopments Where there is no adjacent development and there are arterial o collector streets proposed for the development, a key map shall be Included to show the proposed future alignment and connection of the arterial or collector streets to the same type of streets in the aearest aevel¢ )men[ Department' V' ~ Comments Engineering As the developer Is dearly stating that lot 6 will be redeveloped at a later date, the developer should be advised that redevelopment may Invoke the need to extend public Improvements Including expanding the paved section of the cul- de-sac to thirty-one feet The subd~vislon regulations state that offslte Improvements may be required where development warrants 34-114 (6) If the developer Intends to reestablish the lot pattern that has been shown on prewou= exhibits, thirty-one feet of pavement with curb and gutter will be required for the entire length of the cul-de-sac Avariance would be required f_.or cul_~de-?ac length If there were any desire to extend this cul-de-sac Planning X Label R O W. (perhaps the 40' is the R O W, but it has no label) for Hobson Ln Show distance from centerllne to property hne and any additional R O W dedication 16) The location and width of any exlstlng driveway that accesses any exisbng arterial street located w~thm or on the boundary of this development 14. Preliminary Plat Comments ~mmlttee Meeting Date:. January 21. 1999 Case Number: _PP-98-119 Project Name: Reoeno¥ Oaks Revision: ~3 Acreage:, 32 (~2 Number of Lots: Residential. 14 Nonresidential. 0 Total .,14 Proposed Use: Single Family Resldenbal Development Review Committee Representatives: ~ will be your case manager for your project If you have any questions you may contact her at the phone number below. If you should have quesbons regarding other Issues, feel free to contact Fthe appmpnate department. Planning Department - Trina McEIraath (940) 349-8350 Water Utilities - Muhammad Ayub (940) 349-7191 Fire Department - John Gillette (940) 349-8159 ElectrlclEnglneerlng Dept - Don McLaughlin (940) 349-7119 Englneerlng & Transportation - David Salmon (940) 349-8358 Building Inspections - Jim S~gleman (940) 349-8360 Parks ~ Recreation Dept - Janet ~rnpson (940) 349-8271 Economlc Development - Lorl Sh~on (940) 349-8305 Envlmnmental Compliance Mgr Julle Smith (940) 349-8505 in eighty feet of required ~ on the minimum 15. Reminder. The two lots that Intend to access onto Hobson must share one drive approach A "Private Access Easement" will be requlred on the final plat document. No resldential driveways will be permitted access to Country Club Road. Variance Reauest Commerlts Perimeter Paving on Hobson. Staffwlll support a parhal variance of the perimeter paving on Hobson ~rovlded that the two lots shown in this configuration are platted as such and are single family in use This is an exaction variance and will need to be considered by P&~Z and Cotmcil Sldewslk on Hobsoa~ Sidewalk on Country Club. Stai'i'may support a variance of the sidewalk on Hobson Lane or Cotmtr~ Club. Staffhas not completed the analysis yet This is an exaction variance and vall need to be consldercd by px,~ and Council Length or Cul-de-Sac~ With the new configuration, it now appears that a cul~de-sac length vanancc Is no longer required. Estate Street Section: Because all lots ~re greater than one acrc, a vanance is not reqmred However, please be advised that rcdsvelopment of any portion of tl'ns property may invoke the need to expand the proposed cul-de- sac to a curb-and guttered street The subchwsion regulahous state that offslte street n'~provements may be required where development warrants 34-114 (6). Obviously, the type of development and the density proposed will dictate those needs at the time that redevelopment takes place Interior Sidewalks: Staff will not support a vanance for the ehm~natlon of sidewalks vathin the subchvislon as the majority of the lots are small enough that the cost associated v~th installing s~dewalk would bc m-hne with ~ypicel subdivisions Revlsed 111411999 Preliminary Plat Comments Develol3ment Review Commlttee -, Meeting Date:, January 14, 1999 Case Number:. PP-98-119 Project Name: Reoenc¥ Oaks Revision:. 2 Number of Lots: Residential. 14 Nonresidential, 0 Total 14 Proposed Use: Single Family Resldenbal Development Review Committee Representatives: ~ will be your case manager for your project If you have any quesbons you may contact her at the phone number below. If you should have questions regarding other Issues, feel frae to contact the appropriate department Plannlng Department Trina McEIreath (940) 349-8380 Water Utilities Muhammad Ayub (940) 349-7191 Fire Department John Gillette (940) 349-8159 Electric Engineering Dept Don McLaughhn (940) 349-7119 Engineering & Transportation Davld Salmon (940) 349-8358 Bulldlng Inspections Jim Sflggleman (940) 349-8360 Parks & Recreation Dept Janet Simpson (940) 349-8271 Economlc Development Lori Shelton (940) 349-8305 Envlroi3mental Compliance Mgr Juhe Smith (940) 349-8505 Water. City o.f Denton m_ aster, pla"r~h~o',,~s a 12-Inch wateril~ ~!~3~g F M 18~3b;~C;~, rr;~,y part,c,pate ,n oversize agreement and pro-rata,agreement for, ~o[f';~l!,e, ~ated!ne~ Wastewater Sewer layout Is acceptable ' ,.. , ? ~, .~ ~ ngmee~ng Hobson, ana, Couo~ ........... Club Roads are c ass~ed as se~nda, ~ a~e~als..~ to~l bf el~h~ feet o[ .,' .~ght~f.. wa~. Is requlred~ . for the ul[[mate., s~eet section Fo~ feet of ~ht~f:wa_~ay Is re~u~red ~rom the ex~stlng ~nte~i~ of the sEeet pavement This appeam {o b~h6~ffe~tlv on the ~,. ~ . p~ellmln~ plat do~e~,~ :~ ,~ ~ ~,. . . ,~ . ,,. ~,~. ~ ~,, _ . ~ L~,_ Planning ' P[ope~ is zonefl 81ngl~mlly Co~flone~ [SF~10 (c}]~re=utnn~ ~i~: mln mum dwelling floor areas, 8 fe~p prior to bNl~pg pe~ and pmhtbtfingalleys Revised 1/1411999 3.7 Reaulred Public Im0rovement~ - The following public Improvements will be required to support the proposed development l. Sixty feet ofrisht-of-way for the cul-de-sac 2 A twenty-four foot pavement section and adequately sized barrow ditches 3 Street drainage and posslble drainage n'nprovcmcnts m thc channel A prelnnmary drainage study will need to be subrmtted to Water Unht[es and Bngmeenng & Transportation 4 Sidewalks along all interior streets, Country Club l~.oad, and Hobson Lane if variances are not granted 5 Paving and sidewalk ~mprovements along Hobson Lane If variances for the Improvements are not granted Page 2 of 2 7/9/98 Engineering and Transportation Comments Development Review Committee David Salmon - .~940 - 349 - 18358 DWSALMON~cltyofdanton corn Meeting Date' 1-1,4 ProJect Name. Regency Oaks Preliminary Plat Comments: 1 Hobson and Country Club Roads are classified as secondary arterials A total ofe~ghty feet of right-of-way Is required for the ultimate street section Forty feet ofnght-of-way is reqmred from the existing centerlroe of the street pavement Tlus appears to be shown correctly on the prelunmary plat document 2. A TxDot permit will be requLred for the connection of the proposed cul-de-sac with Country Club Lane arid the assocmted drmnage culverts Please be aware that prior to final plat approval, the applicants will need to obtain a Tx]DOT permit for that road location and design. 3 Reminder: The two lots that intend to access onto Hobson roust shat "Pnvato Access Easemen "wall h~. r~m,,..~ -- ~- .... ~ e one drive approach A t ......... .~ .... u on me nnat pla[ aocumcnt No rcsidentlal driveways will be permitted access to Country Club Road Variance Roouest Comments 1 Perimeter Paving on Hobson: Staff vail support a partial variance of the perimeter paving on Hobson provided that the two lots shown m this configuration are platted as such and are single farmly in use This is an exaction variance and will need to be considered by P&Z and Council 2 Sidewslk on Hobson, Sidewalk on Country Club: Staffmay support a variance of the sidewalk on Hobson Lane or Country Club Staffhas not completed the analysis yet Tlus ~s an exaction variance and vall need to be considered by P&Z and Council 3 Length lot Cul-de-Sac: With the new configuration, it now appears that a cul-de-sac length vanance Is no longer reqmred 4 Estate Street Section: Because all lots are greater than one acre, a variance is not reqmred. However, please be advised that redevelopment of any portion of tius property may invoke the need to expand the proposed cul-de-sac to a curb-and guttered street The subd~vmon regulatmns state that offsite street unprovements may be required where development warrants 34-114 (6) Obwouily, the type of development and the density proposed will dictate those needs at the t~rne at redevelopment takes place 5 Interio~ Sidewalks: Staff will not support a variance for the elmunatlon of sidewalks vatinn the subdivision as the majority of the lots are small enough that the cost associated with mstallrog s~dewalk would be in-brio vath typical subdlwslons Page 1 of 2 7/9/98 19. 1. The lot-patterns for Davis Oaks Addition need to be shown on the prel,m;,~ary plat dooument. Variance Reouest Commel~t~ 1. Perimeter Paving on Hobson Staffwill support a partial variance of the perimeter pavint[ on Hobson provided that the two lots shown m tins configurahon are platted as such and are single fimily in use This is au exachon variance and vall need to be considered by P&Z and Council 1. Sidewalk on Hobson, Sidewalk on Country Club: Staff vail not support a variance of the sidewalk on Hobson Lane or Country Club Tins is an exaction variance and will need to be considered by P&Z and Council 1. Length of Cul-de-Sac: Staff'vall support a variance of the length of thc cul-de-sac shown given that the intent oft. he cul-de-sac lengga requirement is to limit the number of lots with only one point of entrance Thc developer intends to placc thirty lots on this cul-de-sac which is less than what could be placed on a 1000-foot cul-de-sac m an SF- 7 subdiwslon This would be a physical har&Mp variance that can be decided at the P&Z level 1. Estate Street Section: Staff'vall not support a variance of the standard residential sireet section requrrement vath associated street drainage due to the fact that the lots towards the eastern end of tho cul-de-sac are sigmficantiy less than one acre and therefore generate the use necessary for a full street vadth vath associated undergro~md drainage This would be an exaction variance 1. Interior Sidewalks: Staff will not support a vanance for the ehmmat~on of sidewalks vathm the subchws~on as the majority of the lots are small enough that the cost associated with installing sidewalk would be in4me with typlcal subdiwslons S~dewalk will also be requtred on Country Club Road This would be an exaction variance Reauired Public Imr)rovements - The following public Improvements will be required to support the proposed development' 1. Fifty feet of right-of-way for the cul-de-sac Sixty feet of right-of-way if a va'lance on tho pavement sechon is successfully obtained 1 A thirty-one foot pavement section vath curb and gutter for the cul-de-sac A 24ofoot section will be required ifa variance is obi!ned 1. Street drainal~e and possible dIamage unprovements m the channel A preliminary drainage study will need to be submitted to Water Ut~hties and Bn~neefing & Tra~portatlon 2 Sidewalks along all interior streets, Country Club Road, and Hobson Lane if variance~ Palls 2 of 2 7/9/98 20. Preliminary Plat Comments ~ommlttee . Meeting Date:. Dec, 3, 1998 Case Number: ~3P-98.119 Project Name: Reoenc¥ Oaks Revision: _1 Acreage:, Number of Lots: Residential. 32 Nonresidential.. 0 Total ..32 Proposed Use: Single Family Residential Development Review Commiffee Representatives: ~ will be your case manager for your project If you have any questions you may contact her at the phone number below. If you should have quesbons regarding other Issues, feel free to contact the appropriate department. Planning Department Trina McEIreath (940) 349-8350 Water Utilities Muhammad Ayub (940) 349-7191 Fire Department John Gillette (940) 349-8159 Electric Englneedng Dept Don McLaughlin (940) 349-7119 Engineering & Transportation - David Salmon - (940) 349-8358 Buildlng Inspectlons - Jim Sbggleman - (940) 349-8360 Parks & Recreation Dept - Janet Simpson - (940) 349-8271 Economic Development - Lod Shelton - (940) 349-8305 Environmental Compliance Mgr Julie Smith (940) 349-8505 Water;, .... Wastew, ater- Electric. Bu lng Insp.: Parks & Rec' Planning 1 of 8 Revised 7/23/98 3 Median on the cul-de-sac: The median at the cul-de-sac is acceptable The desl~n would of course be reviewed, but the concept is not prohibited Ii'you do have any other questions, please feel free to call Dawd or I at the above number Sincerely, Bryan Shen'ieb Bnl~ineerinl~ Associate 22 CITY OF D TON T~ S CITY ~ALL WEST · 221 EL · DE, ONi TEXAS 76, ENGINEERING AND TRANSPORTATION DEPARTMENT (940) 349-8358 · FAX (940) 349-8~ · o' BP,~BURKE Fax (940) 484-5687 From Bryan Sherrieb Date November 5, 1998 Mr. Burke, Ijnst wanted to fax you some answers to some quasttons that you brought up m DRC earher today Muhammsd will bo receiving a copy ofttus Sorry I was not able to answer these questions earher m the day. 1 Culvert under proposed cul-de-sac. Accordmg to Dawd Salmon, Ifa culvert Is designed such that the spread of the hm~ts o£the floodplatu are not altered or changed either upstream or downstream, then no study has to be submitted to FEMA Muharnrnad w~ll have to receive enough design information to verify that the proposed culvert does not change the hmits of the floodplain. If thc culvert Is daslgned such that the spread bruits of the floodplain arc altered, then yes, a detailed study will have to be submitted to FEMA and a Letter of Map revision will be requtred Of c°urse, if any buildings are proposed for the floodplain, then a detailed study will have to be submitted to FEMA and a Letter of Map Revismn will be required to remove 2 Estate,Street Section Having conferred w~th David, ho mdlcated that there was a section of the subdlvislon regulations that indicates that an estate street sechon would not be apphcable to the lots of greater than I acre when also serving lots less than eno acre It ~s as follows. 34-114(1) e Estate subdnnslon ,d local street, wtthout curb and gutter whose sole purpose is to provide dtrect acceas to single family lots of one (1) acre or more, each lot having one hundred (100) or mere feet of street frontage In other words, since the estate street has two purposes, providing threct access to the one acre lots, and providing access to thc lots less than one acre, the estate street sechon would not apply. If all lot~ with exclusive access were greater than one acre, then an estate street section would apply for the en~e cul-de-sac. 11/25/98 "De~lleated to ~uali(y Sen, fcc" 23 2 Sidewalk on Hobson, Sidewalk on Country Club: Staffwill not support a variance o£the sidewalk on Hobson Lane or Country Club. This is an exaction variance and will need to be considered by P&Z and Council. 3. .L, en .gth .of Cul-de-Sac: Staffwfll support a variance of the length of the cul-de-sac shown g~vcn mat the intent of the cul-de-sac length requirement is to hm,t the number of lots vath only one point of entrance. The developer intends to place thirty lots on this cul-de-sac which is less than what could be placed on a 1000-foot cul-de-sac m an SF- 7 subdl,amon This would bo a physical hardship variance that can be decided at the P&Z level 4 Estate Street Section: StaffvaU not support a vanance of the standard residential street section requirement with associated street drainage due to the fact that the lots towards the eastern end of tho cul-de-sac are si~'uficantly less than one acre and therefore generate the uso necessary for a full street width with associated underground drainage. This would be an exaction variance 5 Interior Sidewalks: Staffwill not support a variance for the ehnunation of sldswalks within the subdivision as the majority of the lots are ~mall enough that the cost associated with installing sidewalk would be m-line with typical subchvisions Sidewalk vall also be required on Country Club Road This would be an exaction variance Reauired Public Imt)rovements - The following publlo Improvements will be required to support the proposed development: 1. Fdby feet of right-of-way for the cul-de-sac. Smty feet of right-of-way if a variance on the pavement section is successfully obtained 2 A thirty, one foot pavement section with curb and gutter for the cul-de-sac A 24-foot section vall be required if a variance is obtained 3 Street drainage and possible drainage unprovements m the cbsnnel A prelmmmry drainage study vall need to be subnutted to Water Utihties and Engineering & Transportation. 4 SIdewalks along all interior streets, Country Club Road, and Hobson Lane if vanances are not ~antld. 5 Paving and sidewalk unprovements along Hobson Lane if The Planning and Zomng Comm~sSlOn does not grant variances for the unprovements Page 2 of 2 7/9/98 24. Engineering and Transportation Comments Development Review Committee Davld ,~almon . 940 - 349 - 8358 DWSALMON~}cltyofdenton.com Meeting Date. 11-5-98 Project Name. Regency Oaks PreNmtnary Plat Comments: 1 Title Block: A t~tle block Is needed in the lower right hand comer:. "Prellm,-sxy Plat; Regency Oaks Addition, Total Acres, Total Lots, m the Survey, In the City of Denton, County of Denton, Texas. 2 A graphic scale is reqmred 3 The two lots that intend to access onto Hobson must share one drive approach. A "Private Access Basement" will be required on the final plat document No resldenttal dnveways will be pemntted access to Country club Road 4 As stated in the predesign comments Hobson and Country Club Roads arc classified as secondary arterials A t°tal °f eighty feet of ~ight-of-way ~s required for the ultimate street section: Forty feet of right-of-way is required fi:om thc ex[sting centerhne of the street The existing street centerhncs and rights-of-way dedications need to be shown on the prchmmary and final plat document 5 A TxDot permit will be required for the connection of the proposed cul-de-sac with Country Club Lane,and the associated dralnago culverts. Please be aware that prior to final plat approval, the applicants will need to obtain a TxDOT penult for that road location 6 All ughty easements that are granted on this plat document must be labeled "PUBLIC I. IrILITY BASEMENT" 7 The drainage crossing this property must bo addressed The Water Utlhtics Department will be responsible for the drainage review on this property However, the prehmh~ary plat exhibit incorrectly shows the floodplain to be labeled as a "Zone AB" when it is an undefined "Zone A" If the developer proceeds m obtaining a Letter of Map Revision (LOMR) fi:om the Federal Emergency Management Agency (FEMA) then only the newly defined floodway needs to be dedicated as a drama.g? easement. Ii'the developer wishes not to proceed in obtamm~ a LOIVIR ~',~r, l~,va *~.~. the entire Zone A must be dedicated as a drainage easement Bmldmg~permits wil']-no--t b"~ iss"" ~e~i'~" for now structures in the floodplain without a dsf'med floodway If the developer does not proceed m obtaining a LOMR, some lots may not be buildable 8 The 10t patteras for Davis Oaks Addit~un need to be shown on the prehmmsry plat document Variance Reouost Comments 1 Perimeter Paving on Hobson: Staff'will support a partial variance of the perimeter paving on Hobson provided that the two lots shown m this configuration are platted as such and are single fam4y m use. This ~s an exactmn variance and will need to be considered by P&Z and Council Page 1 of 2 7/9/98 25, ENCLOSURE 2 illli~ ii[Il! !llill: !:!Il: iill !B!:!ill ~[ ,.:=:,., m ,,,, ..., ,: 2~ ATTACHMENT 2 July 12, 2000 Page 23 MR FORTUN1/ Thank you vct~' much for your I development of this yctlow portion, if you wffi, ~s not tune 2 ~lly m qu~t~on n~t now If ~t ~ MR ENOELBRECHT ~hank you, ~ Fo~nc 3 dcvclo~ w~ an extension of a r~d, ass~e ~at thcr~ [ mow onto ~ 4 would ~ c~th~ conn~t~w~ m ~ no~ or sou~ for 5 I would hke to ~ o~ 5 ~s v~an~ W~out ~at, ~ can't do ~t ~ause the 6 w~ ~os~ of you 6 ~d~ cul-dc sac l~gth has a~dy ~n dcm~ 7 ~n ~ on ~ ov~h~d ~ yo~ I~ 7 So ~e ~1 qu~non ~s do ~ want ~, ff ~s 8 ~ pubhc W~'II ask ~o stuff t ~e 8 ~s ~ ~ be ~elop~ w~ ~ conn~tw~ no~ and 9 p~tlon ~at, ~ 9 south do ~ want ~lS portion to bo ~elo~ wltb curb 10 petmon~ ~dl ~ sp~k ~ ~e 10 and ~a~ and ~en ~ bar ditches ~t 11 pctmon And ho ovoid, 11 ~ fill~ m to ~ade And ~at ~lly ts bod~ doxx n 12 wdl bo ~an~ a 12 what ~ variance ~s ~u~t~ng ~e apphcant is 13 maximin of 30 mmut~ ~ max~ of five ~nu~ p~ 13 ~u~tmg to l~e it as ~t ~s O~ ~ulaUons say dmt 14 sp~k~ 14 ~ should have c~b and guR~ 111 mo ~ppy to ansxscr 15 ~ would ask for 15 any questions 16 sp~k~s m c 16 MR ENOELBRECHT MS Oo~d~e 17 45 mxtm~ of fiw: If 17 MS OOURmE lwould hke ~ know ff ~e 18 ~ ~n No 6 comes , ~e 18 x~e den:~ ~ variance for ~e s~t leng~ ~o w~ks 19 ~ ~an~ gn ~nu~ for I At 19 ago 20 ~at t~ '~ close ~o pubhc ~nng and ~ 20 MR REICnn~T uh h~ tt any final ~ks and ans~ i 21 MS ~{~ we have ~o pmhmm~ plat up Some no~s ~o five mmug ti~ h~t fo 22 for qu~uon tempt ~ can be m~:fi~ upon ~o consent 23 MR RE[CHH~T And s~ff ~s gmng · e ~ss~on ~f a~an~ m advan~ We would ask ~ 24 mo~d d~sapproval of ~at s~k~ ~ conc~ ~m or ~self ~ pm~tmg n~ 25 Ms ~U~IE ~ause ~ can't get ~e st~t Page 22 Page I mfo~ti0n not g:wn by p~ous s~ And pl~se I l~g~ - 2 nog ~at ~o~sslon~s ~y ask qu~t~ons of anyone and 2 Mg REICHH~T mght 3 call on ~gsmff at any Umo and ~y ad~o~ m clos~ 3 MS ~ovaDm so, obwously ~:s development 4 session aS allo~ by law 4 ~s not going to happ~ 5 FmaHy, ~ would ask ~oso m a~n~n~ h~ 5 MR REICHH~T xh~s d~elopmem ~s not going 6 to pl~so refrain from unau~onz~ ~ks, whistle, and 6 to happen m ~e conflg~aUon of ~e pmhmma~ plat ~~t~ou ~ ~ 7 MS OOU~Dm 8 Okay First i~ on ~ pubhc ~ng ts a 8 M~ asphalt ~f we ~t a stub m ~: north 9 ~t This m R~acy Oaks, Phas~ 2 Ifs a 10 2 acm 9 or sou~ ~at development could, you know, proc~ wah 10 s~g loca~ sou~ of Hobson R~d and ~st of Coun~ Club 10 ~mg to ~t approvals 11 ~w ~e prop~ ~s m ~ Smgle-Famdy 10 11 Ms oo~m so I ~ss I'm qu~aomng a 12 condmonM zomng &smct A smgl~fa~ly d~ol~nt 12 de~lo~ to go m d~olop sera.ne els~'s subdiws~on 13 ~s pmpos~ We want ~ continue cons~d~a~on of an 13 ~pm~e upon ~t, not d~elop, ~provc upon ~ s~ts 14 ~ac~on variance from ~t~on 34 111(1) of ~ ~e of 14 )~t he has no optmn ~ ~oup a dollar of ~at money 15 ~manc~conc~nmgs~tclass~ficat~on At~s 15 ~ause he has no subdw~slon to bmld ~d~at'sw~m 16 tmle ~ ~111 contmu~ ~ public h~rmg and I ~ess ~ 16 I m -- I m not und~smndmg how ~'m asking hm~ to go m 17 Rmc~ Is going ~ provlda us wl~ ~e stuff ~og 17 and ~ fix ~ front p~ of ~s s~t wh~ ~'s not 18 ~s ev~ng 18 es~ ~ng able ~ do ~e back side of 19 ~ ~tCH~T v~ As you may ~all at ~ 19 MR RE[~H~T W~'~ ROt asking ~ - we l0 ~st public ~nng, a v~nce for an ~ c~sac 20 &dn't go out and sohclt him ~ build ~ls ~d He came l I len~ ~s ~1~ by ~e ~SSlOn ~ v~ancc ~t 21 in wl~ ~ proposal to d~elop ~s ~How pomon wluch 22 ~'~ l~mg at ~m~t ~ms to ~s pomons of ~c 22 has a~dy b~n sub&wd~ Into ~ ~o ~rccls So 23 r~d ~atlas a~dy d~elop~ ~o v~aneo is ~ allow 23 n~t now ~ could develop &~e ~o p~els 24 ~ d~lopm~t m &o back m ~s ~ ~Row 24 hous~ on ~t, wa& away ~m ~ s~, ~t's done Okay 25 ~mon ~ne ~ng ~t you must ~ ~ ~ ~t ~ 25 ~d do no~ng to ~s ~d ~t h~ ~o ~u~t ~n ---- 12, 2000 Page 21 ?LA~G [A~ ZO~G CO~SSION 2 CondenseltTM Page 25 Page 2' I front of US was to develop a road rote the yellow portion I correct, our standards? If they didn't have to provide :2 By doinglthat, it taggers - this is no longes just the 2 access to this other p~eea of property? It's a quesuon 3 estate lots anymore and our Code reqtures that It have 3 MR REICHHART Wall. if they had come in and 4 curb and gutl~ So, I mean it's a subdivision ordinance 4 developed with a cul-de-sac in tins area -- 5 that he has to adhere to unless he gets the variance 5 MR RISHEL Afflrmati', ¢ that's what I'm 6 Ms ~OURDIE. where I'm hung up is that I 6 trying to look at 7 think that this should just be not even considered until 7 MR REmaHAgT okay Then - 8 that propt.'rty owner has come up vath an altaeaate plan and 8 MR RISHEL Then we wouldn't have a 9 then come forward And that's what I guess I am 9 1 000 foot long road that we needed to curb and gutter 10 questiom0g is that 10 MR REICHHART That's correct, but we also 11 MILREtCHHART ,,,,ell d~reamalotoftlmes 11 wouldn t have four lots back here Weprohably',xouldlux~ 12 that a developer will bnng forward a variance hecause the 12 just had two 13 outcome of that variance ,~nll dataframe how he can develop 13 MR R[SHEL I understand 14 that propea'ly Depending on the outcome of this variance 14 MR REICHHART ~:cause they need access to a 15 that's game to have a Ingh dollar cost associated w~th 15 pubhc street 16 anyfutur~devalopment Okay? 16 Ma RtSH~t, tunderstand Butifwehad 17 If the variance is denied he has to put curb 17 if the yellow piece of property, whatever w~ want to call 18 and gullet m and do a lot of earth work, which ts a high 18 that, had connectivity to the north or to the south 19 dollar cost And that will play into Ins determination of 19 another way, as opposed to through the estate sUg:et look 20 what to do with the back portion I mean, a lot of people 20 area to the west there then in Inet, the road would only 21 will come forward with a '~ananc¢ wbether Ws eveo a 21 need to be 900 and something foot long and it would m ~2 front setback vananoe that goes to the Board of Zoning 22 fact, comply w~th the rest of the standards that we hax ~. 23 Appeals that wa don't, we xxouldn't see it, tins 23 available to us at th~s point in time 24 Cornnusslon, to determine if what they want to do is 24 MR REICHHART Yes, if when this was 25 financially feasible 25 proposed -- Page 26 Page 28 I MS OOURDIE Thank you I MR RISHEL Thank you 2 MR ENGELBRECHT okay IVa- Rlshel 2 MR ENGELBRECHT Mr McNedl 4 MR REtCH:-mRT Yes 4 lots that are on the cul dc sac, those could be develops, el 5 MR atSH~t The reason the cul de sac is I 5 and houses put on them right now Then the remaining part 6 think 1,200 and something foot long is to get it that it 6 of the yellow -- what's the street lo the right there~ Is 7 would tangent or touch those other two pieces of property 7 that Forest - 9 MR REICHHART It v, as att bought m as part 9 MR MCNE[LL NO, which is perpendicular 10 of one subdivislon Imean for these two pamels nght 10 tangent nght to your nght there Yeah, nghttherc 11 here';' 11 What street is that? Those lots are alneady developed 12 MR RtaHEL Yes, sir 12 MR RE[CHHART They're akeady developed 13 MR REICHHART yeah, this whole portion was 13 Thc houses are in Yes, it's ali part of Forestndge 14 brought in - 14 MR MCNEILL So there's no way that th~s 15 MR R[SHEL My point s~ auld he if we had 15 yellow can gain access to the east 16 connectivity between -- for the yellow part that would be 16 MR REiCHHART COi'l'~t 17 going north or going south, other one and we didn't need 17 MR MCNelLt. SO the only way that property 18 the length of the road to tan~nt -- the bulb of the road 18 can be developed is to gain access from the north or I rom 19 to tangcat and touch that other y~llow subdwmon, then 19 thc south? 20 they could have physically mad~ that bulb actually the 20 MR REICHHART CO~t 21 next intersect~on up in there In other words -- If you 21 MR MCI, mILL Without this variance? 22 just point at that on the screen Now, bnng your bulb 22 MR REICHHART correct 23 back up to the first lot The~wego So tf the bulb 23 MR MC:~ILL okay Thankyou 24 was there, tt would only he hke a 990-sometlang foot long 24 Ma. RI!ICHHART well, even v, qth ihs variance 25 road which, tn fact, would m~ our subdwtsioo, is that 25 they could do it PLANNINGiAND ZONING COMMISSION J~'"'" '" 2000 Page 25 - Page 2~ 29. CondenseltTM Page 29 P,lg~ I MR MCNEILL Yes I },ill REICHHART Right here That whole pared / 2 MR REICHHART I mean, whether he gets the 2 right there 3 ~anance or not, he could develop It's.lust a matter of 3 x~ ~ICNEtLL okay Got you Okay Thank 4 money by connecting north or south 4 you 5 MR ENGELBRECHT well, Mr Reichhart, he has 5 `,m. ~,O~La~CHX Any other questions 6 access to the property at this point in time -- 6 Corcmuss~oners9 Just a note, you do have a letter from 7 MR R£1CHHART correct 7 petitioner and you also, I think you probably rece~x ud 8 MR ENGELBRECHT as ~t's platted There's 8 that before you came to thc meeting There's a cop~ hcr~ 9 two lots platted And tins cul-de-sac prowdes access to 9 There is also a response to that from thc Key-Irwin 10 those two platted lots~ 10 partnership I don'l know if you have seen that Did ~ 11 MR REICHHART Correct l I not]ce that9 12 MR ENGELBR£CHT Okay Yes, doyouhavea 12 ~.m REtCH~T we got that fexed to us a 13 question? 13 little after 5 00 today and there should be a copy 14 MR SNYDER Yes Mr Retchhart, would you 14 semewhere right m front of you It's a two-page fax 15 clarify the exact road port~on we're talking about the 15 `,m E",~ELBP. ECHT okay All right Oka) 16 '~ anance on, again, for curb and gutter9 ! 6 the petmoner or peta]oner's t~presentatwe present9 17 MR REICHHART It'S the existing Regency Oaks 17 ,,la CI~s.N%'ELL Mr Chairman and members o~ th~. 18 Road 18 Colnmlsslon my name Is Jeff Crannell wath Crannell 19 MR SNYDER okay The yellow portion -- 19 Engmsenng m Dallas Texas I'm here this evemng to 20 MR REICHHART The yellow ts the portion that 20 try to tame a problem that we have We have an 21 they're Ice.ag to subd~vxde in the future It has no 21 interesting piece of land that has limited access W,. x~ :22 road at all If a road ts to be developed in here, it 22 tried manerous ideas concepts and ideas to put th~s 123 v, fll have curb and gutter, regardless of what happens If 23 together The owners to their credit, kind of backed 24 he connects to the north or south, tt will also connect 24 themselves into a hole with some landlocked area moaths 25 into a road that has curb and gutter So we would have a 25 and month and months ago unbeknownst to them and r~ght Page 30 Page I road back hem with curb and gutter and a road hem with I now we're trying to help them dig out of it with some 2 bar ditches, no curb and gutter 2 ideas be creatlx c m thc development of th~s properl3 at 3 MR I~NGELBRECHT Any other questions for 3 th~s pmnt m tune 4 staff at this time? 4 The consideration right now Is for an cxacnon 5 MR REICHHART I think Jcrot had a few 5 variance on the street width Through the ex~st~ng Pha~ 6 MR ENOELBRECHT oh, okay We have some more 6 I of Regency Oaks basically the developer -- there arc 7 staff comments Yes, Mr Clark 7 two different de~ elopers, by the way, on t.Ms prepare, 8 MR CLARK I promise I'll be real quick 8 ~ are two drfferent landowners between Phase I et 9 Just the difference m the number of taps for the 9 Regency Oaks and ttus proposed Phase 2 of Regenc's 10 existing two lots ts 18 taps, with the 20 lots, it's 180 10 two separate and unique landowners that came tegethcr to 11 taps Sothem'sastgnlficantdlfferenccthere Also, Il trytohelpsel',esomecombmationofproblems Pha~cl 12 1 v~anted to remind you of the last, thc next to last 12 developer xg ho v~as here this evemng does not want that 13 paragraph in David's memo outlines the amt cost and it 13 road changed They hkc the rural feel of the existing 14 actually what, according to his marne, is less than the 14 thoroughfare that th~ have now 15 a~ erage cost for stre~ improvements m the City of 15 As an engineer, I can tell you that the: cost 16 Denton So this ~sn't an excessive cost either 16 estimates, I disagree with those I think it's 17 And, finally, if you look m these documents, 17 s~gmficantl~, higher, maybe at least twice ff not more 18 :,ou 11 see that the nonce of this gees all the way back 18 Whenever v,e design and build a rural-type road with bar 19 to Januaq' of '99 and so it isn't a recent thing e~ther 19 ditches, we raise the elevation and grade of that ditch to 20 Ma ENoch. aRm:H? All right Any questions? 20 keep it up h,gh out of drainage reasons and out of other 21 Mr McNeil 21 areas also to allow for culverts to be installed getting 22 Ma MCNEILL could you - I know it's not 22 over to the lots Wben we do a curb and gutter street 23 part of this consideratson but :t's tted In with it 23 take drainage into the street lower it as much as two 24 because of all the backup material we had could you 24 feet to get drainage into the curb and gutter street and 25 sketch on that drawing where the Key-Irwin property ~s9 25 carry R away that way PLANNING AND ZONING COMMISSIOx~ "%Y 12, 2000 Page 29 - Page 32 30. CondenscltTM Page 33 Page 3~, W~ would, in effect, be raising a curb and 1 MS OOtmD~ That wrote this leu~ tbere? 2 gutter street up above tha drainage where it couldn't 2 MR WiLLL~',4S On the July 10th Regency Oaks 3 physically get Into tbe road It would be very, very, 3 2? 4 very difficult to build a curb and gutter street once 4 tis OOURDtE uh-huh 5 they'vc designed and built a street vath bar ditches So 5 MR ~,t, ILLL~MS Yeah 6 I am concerned that the techa~cal aspects of dns would be 6 MS GOURDtE ';~ ell, ~t eccuses them of qmte a 7 difficult to actually build at this point tn time, as well 7 blt of different tlungs in that letter Why would they 8 as thu esthetics that Phase I is trying to achieve Y~s, 8 give you a letter that accuses them? 9 be increase tnps and, yes, we increase traffic, we hope 9 Ma ~ tLLL~,'~S t don't know Maybe it's a 10 to a mmunal ext~nt 10 d~fferent letter 11 With the d~mal of the over length cul de-sac t I MR CP.A.',.'X:ELL ',ir Vanderlaan Is home wahl 12 at this point, the owners are flexible on extension and 12 shpped disc problem th~s evening so he could not be h~.r~. 13 conneat~vtty to the north and/or south Tbere has been a 13 MS oecd. DIE And why thd only some Plaunmg 14 meeting with the adjacent property owner to the south, 14 and Zoning Comnussioners get them on their doors and not 15 which you probably have meatus and information on It is 15 others? That s Interesting too 16 mi, understanding I was not at that meeting, It was my 16 MS APPLE. [ was telhng David it was tn a 17 understandtog that there's some d~stance between the tract 17 Vanderlaan envelope 18 to the south and these particular developers on what's 18 MR MC'NEILL [ gOt tt 19 ressonablefurcoonectwttyatthlspomtmtlmethatmay 19 Ma E~,GELBRECHT Rlglat Ivfinewas,~o 20 make it difficult financially for Regency Oaks to proceed 20 MS C, OU~.DiE t Just want to say 21 palang costs and doing other unprovements at then' 21 MR ENOELBRECHT Yon didn't get one? 22 request That's my understanding I'm just tho poor 22 MS C-OClmIE oh no 23 engineer ber~ so I'll delay that to the owners that ar~ in 23 Mn E',,OELnnECi~T okay 24 the meeting this evening tf you have specific questions of 24 MS GOL'RDIE I Just want to say that's very 25 them 25 fascinating how th:ACS xvork around here Okay Thank Page 34 Page 36 I BUt at this point, the curb and gutter section I you Also from a perspective of trying to work out a 2 is going to be a problem technically to design and bmld 2 financial -- I m just curious It will cost $66,000 00 3 at this point in time ns well as the owner just doesn't 3 accorthng to the staff s recommendation analys~s of 4 want it developed and bruit that way And then also we 4 curb and guttenng Phase I And If this variance is not 5 can address the preliminary replat tssues, I guess, on the 5 approved you re going to have to dive $66,000 00 or more 6 next Item but here, specifically for the exaction 6 into their development And I don't want to know 7 variance, that was my reconunendation 7 specifics, I'm just wandering if weighing the two would 8 MR ENOELBRECHT COIlI/IIISSlOBerS, are ~ 8 thc benefits be butler to work with the Ixvan-Key 9 questions? Ms Oourdle 9 development m putting that money towards that and ir) mg 10 MS OOURDII1 Thank you Who wrote this 10 to finish that situauon'~ 11 letter that we received? It'sdated.~uly 10th Ii'snot 11 MR CRA','X'ELt. nthfficultquestmn Letme 12 signed by anyone It's just to tho City of Denton and P&Z 12 kind of expand on that My estunate is about two and a 13 members and it's a three-page, four-page letter concerning 13 half times that because if we put a curb and curer street 14 the sl~uation 14 at an elevation abe,, e the surrounding lots then we 15 MR CRANNELL I haven't seen that 15 haven't done any~tung exccpt build a curb and gutter and 16 MS OOURDIE [ m just curious if any of the 16 drainage still stat, s m the bar thtch If we, in fact 17 other peopl~ involved got a chance to read it because it 17 are gnmg to build a street that will accept drainage 18 does have some harsh commentary about what happened And 18 then we're gumg to ha~ e to build up the lots and regrad~. 19 I m just wondenng if anyone -- 19 some of those lets Topographically, it's going to be 20 MR WILLIAMS And a point of clarification, I 20 very difficult But to answer your question d~rectly ii 21 got a let~r hl~ flus at home - 21 would be great to connect and/or coordinate w~th south ~2 MS ~OUROIE I m son'y, what? 22 and/or norlh neighbors for the development of dns 23 MR WILLIAMS I got a let~"r like this 23 property and mmntam tbe integrity of Phase 1 That 24 attached to my door, the same letter and Mr and Mrs 24 would be a great idea We're not sure we can get to that 25 [(lng, I fo~got ~ first name, their last name was King 25 point PLANNING AND ZONING COMMISSION ~, 2000 Page 33 - Page 36 31_. CondenscltTM Page 37 Page 3 I MS C, OURD[E Right, because to the oorth is 1 Ms KING okay These are Reguncy Oaks all I 2 not gumg to do you any guod That's just a stub-out that 2 onecurve We worked th~a stn~t sev~ral times and thc 3 would probably give you the stn~t length vanence because 3 lot hoes around where th~ tr~s were We took a pxece et 4 you still wouldn't have access in or out of your properly 4 property and we wanted to keep ~t as much as we could Ih~. 5 except for by the Phase I So really th~ south part is 5 way ~t was which was pretty wide open It was pastar~. 6 what we're really concerned about because thai wdl g~ve 6 land before and clumps of trees in places and other plac~.~ 7 you instant access 7 that were - didn't ha~e many trees 8 MR CRANNELL We hope Again there's just a 8 And wu wanted to make th~ best use of the 9 lot of issues on these two properties that I don't know 9 tr~s that were there, u'y to keep as many that were 10 about don't want to know about 10 there That s one reason xve dec~ded to go with thc b~g 11 MS CJOURDIE All right Thank you 11 lots the few number of lots instead of a lot of smalkr 12 MR ENGELBRIiCHT Any other questions for Mr 12 lots which would have been more profitable But w~ 13 Crannelr~ Thank you 13 thought that flits was a more attracuve use for ~ 14 MR CRANNELL Thank you 14 of property And we had looked at subthv~sions that 15 MR BNOELBRECHT [ do have a card from Becky 15 curb and gut~er streets and not curb and gutter, and u 16 Krug who wishes to speak in support 16 just seemed like the streets without curb and gutler hat ~. 17 MS KING Hello, my name is l!~cky Kmg I 17 a more open aud flowmg look to them And, yes ~l'san 18 live at 1406 Hidden Oaks Circle My husband and I own and 18 esthetic thing but when you re talking about such larg~. 19 developed the original portion of Regency Oaks, Phase 1 19 lots they're not - the houses are going to be mm~mal 20 I thd send a letter to the Commtsslon last Wednesday and 20 compared to the size the expanse of the land You re not ~ i it was m tho packet -- I mean, two weeks ago Wednesday 21 gumg to see solid fencing or anything hke that It's 22 mght before the last meeting, but it was only one-page 22 going to retain much of this open natural look, even when 23 long I have a copy of u be, re If tbere's something 23 ten houses are built out there 24 longer that appears to have been sent by us, it was not 24 This is Regency Oaks the way it looks now 95 MR WILLIAMS [ could have made a mistake 25 These pictures are Serendtplty Hills which is in Connth Page 38 Page 1 I'm known to make mistakes I'm still human I or Hickory Hills I'm not sure where it is on 2181 And 2 MS KING well I Just would like to know 2 those are about one-acre lots And again, you can see 3 what s being sent around that tmphes it's from me I had 3 the winding road large lots no curb and gutter, and ~t's 4 said last time that if you-all saw fit to allow the 4 this w~de open expans~,,e feel 5 extension of the cul-de-sac, that that was okay with us 5 These next two p~ctures are a neighborhood 6 When we designed Regency Oaks from the very beginning ~t 6 that I chose because it had curb and gutter but the trees 7 was with the idea that even with th~ addition of another 7 were the lots are a httle deeper so the houses are set 8 dozen or a few roore than that lots up at the end, that the 8 beck from the road, and I v, antxxi you to see that Tome 9 street configuration, the esthte street section would 9 it's a staking ddference when you put tbe curb and 10 st~II be suitable for the amount of -- thc hrmted amount 10 gutter in there compared to no curb and gutter It's just 11 of traffic that that would generate We never considered 11 a huge difference in how it looks 12 that it would be appropriate for a street that became a 12 And this wide open look is what we started out 13 connector street sometime 13 with It's what we marketed It's what we have sold to 14 So at the last meating when you all seemed to 14 preperty owners And that's what we felt was appropnalc 15 be particularly interested tn an Idea that would basically 15 for that We were wllhng to do that for that urea rather 16 result with this top t~n acres being severed from tbe 16 than put in the smaller streets and the smaller lots and 17 lower from the original Regency Oaks, that seemed to be a 17 the more locked in or limited look 18 good solution to that s~tuation, tf that could be worked 18 MR ENOELBRBCHT That concludes your five 19 out 19 minutes Do you have anything you need to end? 20 I have taken pictures of subdivisions that 20 Ms kine I appn:clat~ Mr Crannell's 21 have curb and gutter and no curb and gu'act and I wanted 21 comments about the cost the lechalcal coat of adding to 22 to show that to you because, to me, it's a staking 22 the road Even though it s a nununal amount of space ~t 23 difference If I put those up her~, will you be able to 23 seems like an extraordinary cost compared to what you re I 24 see more than one at a tune? 24 going to get wtuch Is still -- ~ GU're sull going to have 2~ MR ENGELBRECHT Th~'e you go 25 a narrow road Now it waght have curb and gutler on it PLANNING AND ZONING COMMISSION ~r~ v ~ 2, 2000 Page 37 - Page 40 32 CondenseltTM Page 41 Pal: 4 And I have b~n mathng that narrow roads with curb and the potmon? Anyone present to speak tn opposmon to 2 gutter are actually more of a safety concern than without 2 the patroon'} Seeing no opposmon the rebuttal per~od 3 the curb aod gutter I would be concerned about that, 3 lswmved Tho pubhc hearlng is closed Mr Re~chh~t 4 especially if traffic increased or if tt connected to 4 final staff remarks? 5 something oho at a later date 5 '.~iz P. EtCHHAR'r Staff recommends denial 6 SO I would hope that you would grant Mr 6 via E),OELBRECHT commissioners, are ther~ aox 7 Vandeslaan's request for a variance to curb and gutter 7 questions for staff? Ms Oourdie 8 this tf it e',er -- If ho gets to that point and we fecl 8 ',ts OO~..,RDte t.,o, I'm sorry 9 that It would not be an appropriate use for the d~voloper, 9 '~R ENOELBRECHT If there's no quest~on~ ~r~. 10 for thlspl~ceofproperty Tho damago to tho trees that 10 thcreconunentsoramotmn? Ms Oourdio 11 are so close to tho road that would be mvulved with tho 11 ,,ts oou~.nle 'thank you I am having - I 12 roadwork ¢qmpment that would have to como m to do this 12 first of all tlank this ~s an interesting case becau,~- 13 v, ork and to chanso tho utfltues around, I think tt would 13 it s so out of the orthnary We've got things that 14 ho -- it would totally destroy parts of those tr~s that 14 don't seem to v, ork very well the street conflict I 15 ffl',e it such a nice canopy look now $o I would hope that 15 would be in fax or of this variance just because mm', m 16 ~,ou would consider that or remember tt when this docs come 16 I'm seeing thl~ as a separate property owner I'm not 17 up to you egmn 17 seeing it as a platting process I'm not seeing ~t from 18 MR ENOELBRI!CH~I All right Thank you 18 the perspectixe of rite City and how this was la~d out 19 Commissioners We do have some questions Mr McNedl 19 I'm seeing it a~ one property owner and another propt,rtx 20 MR MCNEILL so you're not m favor of Phase 20 owner And tnght now what I'm seemg that we arc a~km~ 21 2 connecting Into your cul-de-sac Is that what I'm 21 another property owner to do is to go :n and unprox ~ 22 hcanng you say? 22 another person s properly for fro: right now until hc 23 MS KiNe ! said that was all right vath us 23 find a v, ay to make his property work 24 x.'v e were not in favor of tt connecting to anything else 24 And I m just having a real difficult time 25 %IR MCNI~ILL S0 tho people, If that wer~ 25 understanding how we can request that to happen $o I Page 42 Page 44 developed then tho exit out of that now subthvistoo would I think the variance is a viable variance 2 come through R~g~ncy Oaks 1 Is that correct? 2 I don t agree with thc way it's all being set 3 MS KiNe Yes 3 up but I think that this property owner of Regent) O ~k~ ~, 4 MR MCNEILL And you don't mind that? 4 marketing it 4.nd w¢ talk a lot about marketing m Ih~ 5 Ms KINe we don't mind that We didn't want 5 place x,~. c talk about this ~s how wn're going to scl] this 6 the road to ho sot up to whore one day ~t would connect to 6 propert) and I think that when this came forward thc) 7 something else 7 said this is what we're going to sell We're going to 8 MR. MCt~tLL okay Thank you 8 sell over two acre lots We're going to put ten homes on 9 MR. ENOELBRECBT Any other questions, 9 these 20 acres and this is what we're selling And p~.opl~_ 10 Commtssiomna? Ms Krug, how largo ts your tract, the 10 are buying them in that hahef and I think that we ne,.d 11 Regency Oaks 1 ? 11 abide by what the ongmal marketing plan was v, lthout 12 ~,tS KINe YOU mcan my lndlvulual lot? 12 going in and changing tt So I feel that way 13 sm ENOELBRECHT NO, on, the -- 13 MR ENOELBRECHT [S t~ a motion? 14 SiS line That piece? The R~ncy Oaks I ts 14 ~s C,O~ROtE Yes I move that we recomm~.~d 15 a little o',er 20 acres, :21 acres 15 the variance of -- hold on one moment Let me slop 16 ,,,~ ENOELBRECHT 21 arms 16 just a second Let me read this the way it's wrinen 17 MS KiNe uh-htth, and that mcludes what was 17 Could v,¢ just have staff explain what the partial x a:~ 18 taken out for tho road and the dramage and so forth 18 19 ',iR. eNOE~.~REcm' ^ll right Thank you 19 ,,IR ENO£LnRECSlT okay Mr Rotchhart 20 Thank you very much 20 ,,az REtCHHART YeS 21 MS FaNe Thank you 21 %IR E\OELBRECHT Thea~'s a question with 22 MR. I~NOELBRECHT ta th~ anyone ols~ present 22 regard to what partial variance means 23 who would hke to speak in favor of this patroon? Anyone 23 ~,m. REtCagART And I apologize for that I :24 else present to Sl:~flt In favor of tho p~tton? In that 24 hohove that the partial variance would be not to has t. to 25 case ts tlm'~ anyone presom to spcak m opposition to :25 expand d~ road width, .lust add curb and gutter on the PLANNING'AND ZONING COMJ~SSION .ILV .... 2000 Page 41 - Page 44 33 CondonsoltTM Page 45 Page 4'~ I cresting street section, on Regency Oaks, Phase 1 I regs 2 MR MCNEILL Not to extend thc width of It9 2 What's really at issue her~ :s tins Is saying 3 That's what the partial variance is9 3 you can do SF 16 lots within a State road and you'r~ gom~ 4 MR REICHHART Not to extend the dave aisle 4 to run that traffic over an estate road out And you rc 5 width. JUSt put curb and gutter on the outside of that 5 adding from the existing 18 taps to where it is now 6 drive aisle 6 you're adding an adduional 162 taps So you're changing 7 MS GOURDIE May I clarify that for a moment9 7 the character of it 8 I'm sorry The road IS 20-foot right now They're saym{ 8 Ma ENO[~LBRECHT DO~S that answer your 9 It needs to be up to 24-foot wide Watt. let's see, it 9 question Mr Moreno9 10 says -- Isn't tt 24-foot wide and I think they said 10 Ma MORENO SO In total v.¢ 11 add four feet 11 something about going into 28 feet tn order to do it 11 in width to the road 1:2 Instead of a 31-foot standard Is what I ree~ll Maybe I'n 12 MR CLARK we're Just adding the curb on thc 13 incorrect 13 edges And what I have to assume here is David h ~% looked 14 MR REICHHART The existing road Is 24 feet 14 at :t and detemlmed that most of the water will flo~x to 15 wide and by adding curb and gutter, it would make it 28 15 the road If that isn't accurate then I guess Dawd h ~ 16 feet wide Right now, our standard road section ts 16 made some m~stakes and I don t ha~ e tie plans her~ m look 17 31-footwtdesolt'sareduettontnthatthreefeet So 17 atit But if Ws shghtly down ltwouldn'thea 18 we're just going to take the existing road section, add 18 perfect cendalon but the difference Is is normally you 19 curb and gutter to that 19 would set a normal curb and guRer section slgulflcantl) 20 MR ENGELBRECHT I'd hke to ask a question 20 down so the water can run to it But as long as you can 21 here. iflmtght, forMr Relchhart Andthat'sm 21 get goneral fiow to lt. youcanhxewlthlt Obwousb 22 regards to Item 1 lB 22 the best thing to do would be to start over But what 23 MR REICHHART uh-huh 23 David was trying to do was work with them and try to m 24 MR ENGELBRECHT In the event that we, let's 24 it as inexpensive as possible The whole Issue is is 25 say, approve the variance, they don't ,have to do anytlung 25 wl~tber or not you ought to be doing si: is lots runmng Page 46 Pug, 1 to the street, as Ms King had requested for example I through an estate type road That's the real issue 2 Then, what happens with Item 1 lB? 2 Ma a~lcmtARx ~he other improvement woukl b~ 3 MR REICHHART Staff recommends disapproval 3 that along the side of the road, them ~ auld have to bc 4 because of thc cul-de-sac length issue 4 qmtc a bit of fill to fill in the bar d~tches now so they 5 MR ENGELBRECHT Okay Yes, Mr Moreno 5 could -- they'd havc to bc able to be filled to the back 6 MR MORENO MI' Relchhart, we're game to add 6 of the curb section 7 curb and gutter only That's what you're recommending9 7 MR MORENO B~cause they 1~: either there 8 MR REICHHART Correct 8 naturally or there have been - there s a slope 9 MR MORENO We're not game to install any 9 Ma CLARK That's right You have it come 10 underground storm sewers or anything of that nature, ts 10 down and 11 that correct? 11 MR MORENO Tocarryv, ater back out aether, 12 MR REICHHART Maybe Mr Clark can ldentif) 12 would have to undo their bar ditches, basically They d 13 that but -- 13 have to build that up put in the curb and gutter 14 MR CLARK The standard way would be to do 14 Ma REgCHHART correct 15 the analysis and as long as you don't exceed your street 15 MR MOP, ENO with no storm sewers mstalkd 16 spread hmlts, then you wouldn't have to add any inlets 16 Ma CLARI~ ! don't kno'.~ exactly what Dawd 17 I thmk the whole issue is I think what David is trying to 17 had worked out with them I think according to the sub 18 do ts work with them and not trying to get them to start 18 roes, if the street spread limas are excelled which nlean~, 19 from scratch If they would have put one-acre lots or 19 the water spreads a certain distance for the tea-year 20 less belund this, then thcre wouldn't have been a need for 20 storm then you have to put in somc stoma sewers But I 21 a variance because it meets the criteria You would hase 21 don't know if that was m his cost estunate or not But 22 had one lot to the acre instead of three hkc you have 22 that's what thc regs say that if the spread lmuts, if the 23 now And, see, that's the real issue This could have 23 water dcesn't allow one lane in the n'uddla to be open m a I 24 been platted with one-acre lots and then tt would have 24 ten year storm, then you have to put in some storm sc,* ~ s 25 matched the other conditions It matches your existing 25 Ma MaRL*NO SO we don't know about - PLANNING AND ZONING COMMISSION Jill v ~'~ 2000 Page 45 - Page 48 34. CondcnseltTM Pagc 49 Page f · I MR. CLt, Rk V, clI, unfortunately, David was I at this probably 35 minutes or so If ~t com~ down to ~l 2 sick tonight so hc would have known what ho put tn his 2 it's a technical question of thc total cost of doing this 3 estimate I apololpze for that 3 improvement and the cnglecerlng work associated w,h tht~ 4 MR. ENGELBRI~CHT okay Just a moment, Mr 4 improvement, I'd recommend that we continue this anoiher 5 McNedl Ms Oourdlc 5 two weeks and let staff work out the final details 1 6 MS OOUP. DIE. Thank you I do have a 6 mean, If it's really boihng down to that, wu're not going 7 quesuen In h~s memo here, it says the Improvements for 7 to solve that answer tomght 8 paving would be about -- well, it says the extension would 8 MR I~NO£La~.£CltT And that may ho where you r~ 9 cost $66,000 00 for reqmred pawng 9 at D~d you want to hear from Mr Cranncll? 10 MR. Ct. ARI~ That's the new road That's what 10 MR WtLLI^',IS I do have a hght on 11 they would build m the new section 1 [ MR MCNEILL Yeah so do I 12 MS OOL'RDtI~ well, actually, I tlunk that was 12 MR £NO[~LBRECHT Yeah, I know We haxc o 13 the -- okay $30 000 00 for eonslrtlCtlng the street -- no, 13 slatoltent np here 14 it says constroetmg the street extension 14 MR WILLIAMS well he's already spoken I 15 MR CLARk tn addition to constructing the 15 don't care to hear too much about it I don't but thc 16 street extension 16 rest of the Commission may want to 17 Ms OOURDIE well I JUSt--because a sald 17 MR ENOELBRECHT Mr McNedl 18 required pa~ mg so I'm land of wondonng if that means 18 MR MCNEILL [ WaS going to ask Jerry, you 19 curb and gutter And the second thing a httlo blt 19 kept saying David ara you talking about Dawd Vanderlaan 20 further dorm, it says in addition of curb and gutter would 20 or Dawd Salmon? 21 n~cessitate the addition of mlots and possible storm 21 MR CLARK Salmon Our Dawd Salmon which 22 s~ves, which could be placed hohmd the curb There Is 22 unfortunately ha would have bean here tomght but he xx as 23 also ni:~is for -- 23 sick 24 MR. Ct~Rk Yes, It d0~ say that I'm sorry 24 MR MCN£ILL Yoth okay I was wondering ~f 25 MS OOI;RDIE modification and regrndmg 25 you were talking about David SaLmon's reaommeadauons not Page 50 Page 52 I behind the curbs due to the current bar ditch So he is 1 David Vanderlaan's 2 saying there's going to be work done 2 MR CLARK That's nghi, David Salmon's 3 Ma CLARK Yes, there ts going to be Thank 3 MR MCNEtLL v~y good Thank you 4 you very, much I appreciate that 4 Ma ENOELaRECHT Mr Williams 5 MS GOURDIE And I don't know, like you said, 5 Ma WILLIAMS t really would hho to 6 I don't know tf that's included tn his cost I don't know 6 appreciate staff's professionalism In this but from all 7 tf that cost ts just the paving or tf that really includes 7 thc background reading that I have done, it scums hkc 8 all the dirt work 8 that both parties have asked thc Commission to get 9 MR ENGELBP, ECHT Mr Snyder has a comment or 9 involved tn a dysfunctional partnership And what We need 10 a question 10 to do is vote on the vlablhty of this project and all 11 MR SNYDER AS I understood the testimony of 11 these other things are smoke screens And If this is 12 the engineer for the developer, he specifically stated 12 going to be changed from a one acre estate to a 16 square 13 that he didn't think, tn his engineering optnioo, that it 13 foot smgle-famdy dwelhng wo need to handle a like 14 was feasible to add to the existing road As I understood 14 that and the rest of th~s :sa smoke screen And we need 15 his tastunooy, he said tt would not be feasible to do the 15 to go ahead and make a decision of what we're going to do 16 partial variance And I ttunk we ought to get a 16 tomght 17 clanfioa~ien of that 17 MR ENOELBRECHT well Mu' P, mchhurt, correct 18 MIL CLARK I think though we have to realize 18 me ff I'm wrong if we do not vote to approve this 19 tf you're going to take lure at his word, we're asked to 19 variance, then thc staff will recommend that wo deny thc 20 approve ail that, all that tnformatioo, too Without a 20 plat 21 set of plans, I can't certify what he's dome and that's 21 Ma REICHHART NO mattes what we do with th~, 22 how you normally ask us to do it 22 variance, staff is going to recommend that tho preceding 23 MIL ENGELBRECHT MI' P, elehhart, did yeti want 23 plat be d~sapproved no matter what we do with ~t 24 to make a eornment'~ 24 MR ENOELUaEc~rr okay All right So, 2~ MILREICHHART YeS And, agmn, wa'vebeen 25 Commlssloners, w~havcthaopt~ontooantmu~th:sfortwo PLANNING AND ZONING COi~IISSION J' .... ", 2000 Page 49 - Page 5~- 3S. CondenseltTM Page 53 Page 5~, I w~ks and ask fha party for mom mformaUon or you can I an cxcelleot Job of trying to preserve tho tr~s that ar~ 2 make a motion at this time Ms Oourtho 2 out thare And I think to put curb and gutter into 3 MS OOURDIB. I'd like to make a motion, 3 something that these people are aheady paying for as 4 please 4 they're moving into th~s area is a silly flung for us to 5 MR ENOELBR~CHT Yes 5 be looking at 6 MS GOURD[E. [nlovo that we gcommeod to the 6 As I say right now we have a ten-acre - 7 City Coasted a variance of Section 34-114(1) be uranted 7 have a ten lot subdlvisloo and we have a two lot 8 for R~acy Oaks, Phase 2 for street classificatlo,ns 8 subdivision that happens to connect to it And if it ends 9 MS APPLE second 9 up that way I think that'sJust fine I don't know hox~ l0 MR ENOELBRECHT It'S been moved and seconded 10 it will end up in thc long run but I don't dunk that 11 to recomraeod the variance Any discussion on the mot~oa? 11 should destroy what already looks hke a quality product 12 MR RISHEL why is it a variance and not a 12 go~ng here 13 partml ~arlano¢, I guess? 13 MR ENOELBRECHT Mr Moreno 14 MS OOUROIF~ t don't want to soo any curb and 14 MR MOR£NO A question for Mr R~chhart or 1:5 gutiers is what I'm asking for 15 Mr Clark I think I heard the number of 180 additional 16 MR ENOELERECHT That's what I understood you 16 trips it' the next phase is approved Is that 17 tosay You used the word "vanancc" and that*s what I 17 MR REICHHART That's correct It's 18 usc and what you're saying is leave the road the way it 18 approximately ten taps per smglc-farmly lot It would 19 is 19 be about 20 lots which it's 9 96, I think, haps per lot 20 MS OOUROIE correct That's what I was 20 which would add up to 180 21 hoping tolgat out ther~ Thank you 21 MR CLARk We have 18 additional lots 22 Ms ENOELBRECHT That's what I understood la 22 MR MORENO And our subdivision regulauon, 23 !,our motion Any discussion? 23 say that we should have a 31-foot wide road to handle thai 24 MR MC'N~ILL Yes, a question 24 type of traffx¢ Is that what I'm hesrmg? 25 MR EIqOELBRECHT YeS, Mr McNetll 25 MR CLARk That's tho normal size, yes Page 54 Page I MR MCNEILL So If W~ VOte on this, what that I Versus if you had one acre lots which would allow the 2 says is that the Phase 2 can continue the road on in thc 2 estate type road, they would be about seven lots 3 same configuration as Phase 1 ? 3 MR MORENO say again, please 4 MR REICHHART NO 4 MR CLARK If yOU did one-acre lots which ~s $ MR RISHEL It has nothing to do with that 5 what allows an eState type road, you would ha',c sex u~ lots 6 Ma MCNEILL okay All right Thank you 6 and they wouldn't need the variance 7 MR ENOELBRECHT Any other questions? There 7 MR MORENO okay So we're, by approving 8 were some other lights and now they're off Mr R~shal 8 th~s variance we're basically saying that it's okay to 9 MR RIEHEL YeS I think that that motion is 9 violate our subdivis~on regulations if one n~ghborhood 10 ~xactly wher~ I think we need to be with this piece of 10 significantly different from another? 11 properly, I think that as v~ put this forth and it was 11 MR CLAR~ t gueSs that would be my 12 put forth to us inalally, what we had was ten acres that 12 interpretation You're saying it's okay to nm SF-16 13 ssere on the 2 l-acre piece of property and we had two lots 13 traffic through an estate road And if that's really 14 that just happeoed to be a half-acre lot or so and a nine 14 you want then we should change or sub ~s and let 15 and a half acre lot, which gave us a total of 12 lots 15 everybody do it That's really what you should do l, ou 16 altogether that were going to be driving down thc street 16 should allow everybody to do that 17 And that's what we approved with the 17 MR MORENO okay That's what I was trying 18 undcrstazldmg that it was going to b~ in a configurauon 18 to sort through in my mind Thank you 19 hkc that , I think that the subdivision has already 19 MR ENOELBRECHT NO comment now, Mr :'0 gotten started It's in It's an agrealment that we made 20 Wdhams'~ ~ 1 with those people imttally that there would b~ some sort 21 M~ WILLIAMS My question was answered V, e 22 of lntegnty to their plan and their ideas and their 22 had the same question 23 dmuns Andltlunkthatwhat~-T'vedooaanddevelopcd 23 MR ENOELERECHT Okay Mr glsh~ 24 SO far ls,,certemly, a quahty development for what we 24 MR e~SHEL one of the other thnga that was 25 have These are very big lots Tha'y're very -- it's done 25 significant to this subdivision that we approved PLANNING IAND ZONING COMMISSION -"" ' 2, 2000 Page 53 - Page 56 36 CondensoltTM Page 57 Page 59 I originally was the fact that they saw tho street as I MR RE[CHHART And, egmn there's a couple 2 something that was going to bca walkabla neighborhood and 2 of issues Thc City isn't requesting thc futura 3 I think that's kind of thc nature of estata streets ts 3 development I mcan, thc request was brought ~n by a 4 that you walk on thc street as opposed to walking on the 4 different applicant and wa're trying to make than adhere 5 sidewalk And without a sidewalk on her~ - and I think 5 to our ~'egulattons Whether this variance is appro,,/xl or 6 that would destroy the integrity of what they have with 6 not has no bcanng on future development on the rear of 7 the big lots and the walkable neighborhood that's an 7 this road Okay And the only way futur~ development 8 element that makes it work for them having th~ estate look 8 there's two ways Either the connect~oo is severexi from 9 w~th the bar ditches And I think to come back and ask 9 Regency Oaks and there's a north/south coonect~on for 10 for curb and gutter and then not to have anywhere to walk 10 future development or a road could be developed nox~ oil el 11 because of the passing traffic v, ould be a real travesty 11 flus cul de sac and have connectwity to the north Aad 12 here 12 we - if that's the only way this can be daveloped thca 13 MR ENOELBRECHT MS OoIlrdle 13 that ts why I mean we're pre/W strongly teconuncathng 14 Ms ~OURDIE I do want to make a comnleut 14 that we have curb and gutter on here because the nualber of 15 concerning Mr Clark's commentary I agree wholeheartedly 15 trips will increase It will not be a rural section 16 that I would hope that we would not do that I see this 16 anymore 17 as a unique situation and as was brought up last -- two 17 I~P, EN~ELBRECHT Mr Clark do you want to 18 weeks ago, this Regency Oaks I ~s quita thfferent fare 18 add to that? 19 from Regency Oaks 2 which is more like the subdivision to 19 Ma CLARK JUSt a real small thing I guess 20 the south, El Pasco, that's going in and to the east and 20 what we're trying to say is if th~s really isn't 2t so forth It'shkea~holedifferent feeltolt 21 compatible lt's more compatthle with the north and the 22 And that's ~hy I think there's a problem hem 22 south and they weren't able to work out the deals I mean 23 that it needs to be reconfigured to meet with the other 23 the real issue ~s should it really be connected to Regency 24 development to the south somehow It has to work to make 24 Oaks and should it really be connected to these oth~ 25 the feel, the whole connectlwty of the whole area 25 subdivisions that are more compauble and then it would Page 58 Page 60 I They're two different areas and this is going to force Mr I meet the regs and then it has no problems I mean that s 2 Vanderlaan which is not a fun thing to have to go 2 really what we're talking about If you hooked it into 3 through, but they're going to have to reconfigure that 3 the north and hooked it into the south and worked out your 4 httle areas to somehmv make it work to where it can be 4 denis, then you've got s~ 16 hooking ~nto sP 16 and a s 5 used whore it's only the Kings did state that if it's 5 not an issue 6 strictly a road w~th no stub-outs if they can somehow 6 Ma ENOELBRECHT ~xactly Thank you Mr 7 work it out where there's no stub outs they don't mind 7 Wflhams 8 having that extra 180 trips coming through But if that 8 Ma WILLIAMS I guess that was one of my 9 road con,eats e~ther south or north, then you've not only 9 major concerns As a person who's been discriminated 10 got the e~trn 180, you ye got an extra 250 or maybe 300 10 against, I think that our plans are long-term and when wc 11 from oth~ people trlang to find ways out So It becomes 11 start breaking the rules for you can have none curb and 12 a coonec'/or road R becomes a thoroughfare 12 gutter for s~ 1~ then that means that we can do it 13 And their whole pnnciple was we wouldn't mind 13 Because if he wanted to have one acre lots, we wouldn t 14 having Regency Oaks 2 back there as long as it's just t 4 even be discussing this That's his choice And if ~t s 15 Regency Oaks 2 But the City's requesting to make our 15 his choice, let him live with the rules That's all l'm 16 Thoroughfare Plan work is to let's get some connectivity 16 saying In other words -- and hke I said, we're getung 17 either to the north or the south so we can have people 17 drawn into a dysfunctional partnership because if he 18 getung around and that changes the whole road and changes 18 wanted to keep his partnership the way it was he would 19 the whole sys~m And that's why I think this has come to 19 have one-acre lots and we wouldn't even be talking aboul 20 this point ~ Kings are not against having it back 20 this But he wants to do something else his way and ~s 21 there as long as it's s~nctl), just those 18 homes But 21 wanting me, as a taxpayer, to bail him out and I refuse 22 if a road gets put in, then it changes the whole situation 22 to 23 and I think at that time we'll have to bye with our -- 23 tdR ENOELBRECHT Any Other comment? In that 24 MR, EIqOI~LBRECHT I do have some -- another 24 case, we have a motion to recommend approval of the 25 hght but Mr Reachhart would lake to make a comment 25 variance Vote, please Motion cannes 5-2 ' - Page 60' PLANNING lAND ZONING COMMISSION .... ' 2, 2000 Page 57 37 CondcnscltTM I (COMM[~[oNmls MORENO AND WILLIAMS VOTED IN probably could continue this again But right no~ 2 OPPOSITION ) another option ts maybe to approve tt w~th condlt~ m not very coragortable with doing that either break say? We can finish that one up, I MR ENGELBRECHT Yes, Mr Snyder bohev¢ liB Is to continue a public heanng and 5 MR SNYDER I think that you pmhmmary 6 and then ~ cont~n.a. and 15 through 32 of the Regenc) 7 bnng back m that mo,.t~ o( Block A, Lot 6 and 7 of thc 8 y requirements that, stat~.d Ba-cd 9 I flus is a cuntmuntlon of a 9 on the way on~. 10 I have ] Reichhart 10 way ',o x ou i I the 11 could continue :, or deny it 12 vananc g and Zoning 12 MR RISHE[ 13 does not meet the 13 MR SNYDER ti couldn't appro,,c it 14 crc r~commends 14 MR CRANNELL have to be approx cd x~ 15 disapproval 15 conditions to 16 Ma Any queatlons for 16 this plat We the cul-de-sac 17 stuff? This is a k the 17 Time certain us 18 18 longer, to. 19 MR Mr f the 19 Depending wa. 20 20 t would have to go through 21 Dallas, Texas 21 CRANNELL Right SO tfw~ l, 22 to be creatlv{ 'esubmit and come back up to make numerous different Is there a way to waive the fee on tt ~t least as httle amount of discomfort that we can on vithdrawal now and resubmit with revised plan. this We are not against a street stub to the north or MR RISHEL It' they're dented, they ha~¢ to Pa~¢ south at this point In time Howewr, as you've heard wait a year before they can come back before us ' Oaks I owners, they are, and so w~'r MR s,',a'oEa hot on a plat This Is zoning to accommodate that with this e MR RISHEL [ S(~ Since fl 4 MR ENGELBRECHT BUt If they're denied, S ' the over-length cul de sac, that make~ S I ha~e to be paid is that correct? 6 I like to sea approval of what but 6 REICHHART I behe',c so 7 7 sons-- 8 final a our plats 8 MS 1 9 ; this evcmng 9 can resubmit ' re,,lslon or w'¢ c 10 we have ,~ a connectivity north l0 revise and 11 or south or no north or south 11 MS council 12 if those arrangements it now 12 '~ have no -- you do,~ 13 ~ like to make a 13 know how long? 14 - withdraw this 14 Ms ^?.~t.e ~omfortabk: if we 15 item? EXCUSe mc 15 16 Conmussion 16 I d say a ~ r 17 can approve s evening Ifw¢~ 17 if we want to T~o weaks I atm~ 18 table us poll it completely off o back 18 t don't think fi 19 19 enough ~ 20 iR ENOELBRECHT I think tho I 20 £PLE SIX9 ,r withdrawal Mr Relchhart, do you 21 MR CRANNELL SIX would be -- I have a question about that anywa)~ Ms nOURDIE what do~s a postpon~a~ent -- ~ a~,tclt:~Aat t would tlunk that with the State statiites and such and ll~ t~me periods that va: ha.,~ MP. ShrVOER YOU al~ady did It last meeting to ~ally 9pprove plats, if th~ applicant consonts, ~ You just continue It again to another date co'tam PLANNING AND ZONING COMMISSION "), 2000 Page 61 - Page 64 38 June 28, 2000 Page 107 If they didn't have to improve tho pavement I I, as well, would like to thank the petitioner for their MR SNYDER oh, I see 2 work with all of us on this issue Any thscusslon on thc MR REICHHART $o that's why we didn't -- 3 motion? If not vote please Motion camea 5 0 Thank 4 you 5 R SALMON I llRffin, 5 We'll move on then to It~ No 15 which al~o 6 6 is m thr~e parts Th~s ~s Regency Oaks Phase 2 TIu~ 7 But a final 7 is a 10 28 acre site located south of Hobson Road and ca~l 8 constructaOI 8 of Country Club Drive The property is m a Single Fmnlly 9 can I ask a ¢ 9 i0 condmoned zomng district Single farmly developing, hi 10 SUm ] 0 ~s proposed The first two ac'ms are considerations 11 David 11 Item 15A is to continue consideration of exaction 12 MR SNYDEI1 then 12 variance for Section 34-111 (1) of the Code of Ordinances 13 is the final 13 concerning street classifications And 15B is a 14 on tonight unless the I , was 8ranled? 14 consideration of a variance from Section 34-114(11) el thc 15 15 Code of Ordinances conccrmng cul de-sac length And th~s 16 16 is not a pubhc hearing These am considerations and 17 MR~t 17 thea we'll go to the pubhc hearing on part 15C Mr 18 concerned : how the road is done t [ this 18 Sahnon do you want to provide us wah staff report on th~, 19 done ~ 19 varmnce requests for street classification and cut dc sac 20 20 length'~ Sir MR ENOELBRECHT Thank 21 MR SALMON Thank you Chmr Could I ~ that In that case, Cmramssion would ~ 22 clarify that we're going to cover each one of these : motion to continue? And before v~ do, let me ask i 23 variances coinpletely mthwdually That would be my do we want a date certain here? Mi' Relchhart 24 suggestion simply because of the, I guess, somewhat MR REICHHART The 12th 25 comphcated nature of these varmnces so that we don t get Page i Page 108 Mil SI, n'DE~. Did you advertise? You had to 1 them mixed up Would reedvertasm 2 The first variance is concerning sm:~ 3 class~fmation This ts a conUnuaUon of a variance that MR RISHEL It'S contanued so it wouldn't 4 you considered several meetings ago At that time the 5 at all 5 applicant was considering applying for a Planned 6 SNYDER Butlfwed~dn'thavet 6 Developmeutzomngd~stnct And if Ire'member 7 7 correctly the Conumsslon at that time was appreheas~',e 8 These aren't t 8 about acting on the varmnce not knowing exactly what thc 9 don't hay, to lc 9 zoning application was going te be Since that Omo the 10 tame 10 the applicant has decided to not pursue the Planned 11 MR SNYDEI~ 11 Development zomng d~stnct but to s~mply usc the 12 Ma YENSON but it's in an MF 2 12 existing Single Family zoning that's on thc property and 13 zomng thstrlct which 13 proposes a more standard subdivision with 31-foot streets 14 M 14 and I think lots that are In the 16,000 to 17 000, 20 000 15 12th If we're not i 15 square foot range 16 okay Staff ~s 16 Again th~s particular variance has to do with 17 :ontanue to the then if necessary 17 the classification of the street Explaining the 18 Ms Apple 18 situation we have an existing subthv~slon, Regency Oaks 19 111 move to continue u 19 that I've h~ghhghted m blue on the overhead Actually 20 12th 'd also like to thank Mr Rmz for h 20 it includes the part that's orange But the part that's I appreciate that 21 in orange is being s~arated now So we start out w~th a MR RISHEL I d hke to second 22 subdivision called Regency Oaks which, as you may recall MR ENOELBRECHT It's h~: 23 had several variances associated with it when it was to contanu~ tbe prelunmary and final plats to our next 24 approved about a year and a half or so ago One of those regularly scheduled meetang which is July the 12th And variances being a eul de sac length issue and some of tile PLANNING AND ZONING COMMISSION 28, 2000 Page 105 - Page 108 39. CondcnsoltTM Page 109 Page 111 I oth~r ones being sidewalks and perimeter paving When tho I Tho street extension itself is about $66,000 000 for a 2 apphcants originally camo to the Development Review 2 total of $96 000 00 worth of street improvements Dl',ldeA1 3 Committee what they proposed was very close to what Is 3 among the 20 new lots comes out to about $4,800 00 per lot 4 currently being proposed 4 which is somewhat lower than our average cost per lot for 5 They camo to DUC with a situation that looked 5 building a strut in Denton 6 hke th~s with a long cul do sac and acre and above lots 6 In this case however oven though tho 7 at the west end and then smaller lots that were less than 7 standard street section would be well w~thm financml 8 acre on,tho east end ~ were told at that time that 8 what we consider reasonably financial reasonableness 9 that was okay but they would have to build a standard 9 we would suggest simply adding curb and gutter onto the 10 31 foot curb and gutter street section through tho entire 10 existing street which would make a 28 feet wide It 11 subthvlslon Tho City's ordinances require that any 11 would give a a couple of extra feet of width and add curb 12 streets that provide access for lots that are less than 12 and gutter which would be less expensive than the 13 one acre bo an urban sectaon as opposed to an estate 13 I .lust noted and would simpler physically easter to do 14 section 14 The existing street is concrete which means 15 After we made tlmt comment telling them that 15 that the new curb and gutter could s~mply be dox~ eled onto 16 we had to have a curb and gutter street in this instance 16 the ex~stmg street There would have to be some 17 because of the smaller lots at the east end, flus 17 drainage I guess design included with the street '~ h:ch 18 particular plat was turned in instead which showed all 18 would make it a httle blt more complicated but I don t 19 lots that were over an acre 19 think ~t would be anything that would be, I guess ox erlx 20 And so with that, staff agreed that an estate 20 cmnbersome to design r Il be glad to ans~ er anx 21 section street would be appropriate for tins type of 21 questions you might have on this particular ~ssue 22 development But as we have also put m your backup, we 22 MR ENCaELBRECHT coua. InlssIoners Ms Gourd~e 23 made several commeats oven at that time that tn the future 23 MS OOURDIE [ have to say I kind of fecl 24 ff you want to como back and try to break th~s up into 24 like we're doing th~s backwards 25 smaller lots, we're going to ha back at tho same issue 25 MR ENOELBRECHT That's what I was going to Page 110 Page 112 I again you know, looking at t~lng to convert tho street I say 2 over to an urban section So that's where we're at today 2 MS GOURDIE Thank you Because the probkm 3 AS we anticipated, the applicants are back with tho small 3 is, being that we d*scussed it in the Consent Agenda ~ lth 4 lots after the first part of tho street has already been 4 the Key-Irwin property and Mr - the property ox~ nec or 5 built and so that's how we've gutten to where we're at 5 the apphcant comes forward having tho stub out and so 6 today 6 forth that changes everything, the whole perspecux e and 7 Tho applicant, of course, is proposing to 7 street lengths and whether or not there's more to th~s 8 leave the current street in its existing configuration 8 than most of us know and there's questions that ha~e to be 9 wah no curb and gut~r, 24 feet wide and then to extend 9 asked because the people who actually own Regency Oaks 1 10 that street into the now lots as a 31-foot wide strut 10 ~s a different entity than this person here So there s a 11 with curb and gutter 11 whole ka-n kaboodle of things that we don't know about 12 Tho applicant has based the reasoning for the 12 and I feel like we're doing this backwards 13 varmn¢o request on the large cost to reconstruct tho 13 MR ENGELBRECHT Let me ask you tlus are you 14 existing street to urban standards, you know, based on the 14 talking about backwards with regard to I and 2~ 15 number and typos of lots that he's proposing m the second 15 MS OOURDIE Yes 16 phase, which makes this an exaction variance 16 MR ENGELBRECHT That we ought to be doing 17 An exaction variance is a variance that ~s 17 cul de sac length 18 based on Issues such as cost and need for the iraprovemeat 18 MS OOURDIE A and B versus B to A 19 And that variance is one that you will bo maklUg a 19 MR ENGELBRECHT Mr Re~chhart would like to 20 recommendation to the City Council on 20 make a cozument 21 Staff daes not recommend the variance based 21 MR REICHHART The cul do-sac length as we 22 on I guess, the cost of the proposed improvements We've 22 talked a httle blt tonight you know, may be resolx ed 23 estimated that the proposed improvements, adding tho curb 23 with connectivity to tho south It may be resolved w~th 24 and gaiter and some pavemeat to each side of thc existing 24 other options, I behove But if this street section ~s 25 street would cost somewhere in the range of $30,000 00 25 proposed whether there's a connection to the north or the PLANNING AND ZONING COMMISSION JUNE 28, 2000 Page 109 - Page 112 40. CondengoltTM Page 113 Page 115 I south the will gull be the question what do we: do w~th I such that will be serviced by that right-of-way That's 2 the mral read m the front No mattor what wo do, lf 2 whywebrmgthtsforwurd It isn't -- lt would bc mc~. 3 there's any development on that parcel at all, we have -- 3 to maintain a rural seetton in the portion that's already 4 that question will come up 4 platted, if you would It's just a matter of the 5 MS OOURDIE I gUeSS my questaon IS, and from 5 subdivision regs 6 the first time this variance came through, I always saw 6 And the different parties, you know, wc can 7 th~s as two separate entitles I never saw it as the same 7 empathize with the c',ents out there, but we have strict 8 owners coming forward And I guess this ~s the first t~me 8 subdivision regulations and that's why we have tltt~ 9 I've actually seen it as being presented it's the same 9 variance process I mean, tf the regulations and their 10 person all the way up the road I've never seen it that l0 circumstance shouldn't appIy, then deny the variance, or 11 way I've always know that for tho first part it was this 11 approve the variance, I mean 12 particular developer and then for this last part it was 12 MR ENGELBRECNT Mr Rlshel 13 another developer, two separate ontat~es 13 MR RISHEL It looks to me like there's ,omc 14 And I know that the first developers, they're 14 ownership representation out there Maybe eventually 15 out there selling this, marketing thls as an estate place 15 we'll get some feel for where we're going with this 16 to live And they planned u They did all their 16 property-wise I don't know if that will help u~ or not 17 investment Into estate living And that's what's throwing 17 but tt looks like we have an opportunity to speak to 18 me off here is I've never seen them as an extension of 18 owner 19 each other 19 MR ENGELBRECHT Yeah, I think ther~.'s going 20 And I know the road ~s and I understand the 20 to be seine folks Yeah, I didn't qul~ get a clear answer 21 s~tuataon that we're In, but from what I heard from Mr 21 to what I thought was Ms Gourdle's first question which 22 Irwin speaking about was that the original stub-out was to 22 - and I'm sorry, I should have caught that and asked 23 stub in and then thoro was going to be a cul do sac 23 staff about that and I didn t And I take some blame, for 24 abutting up to the other cul de sac which would close them 24 that Why aren't we addressing the cul-de-sac length 25 off and thls wouldn't be a sltuauon any longer They 25 first as opposed to the street classification9 Bccausc Page 114 Page ! 16 I could remain their estate section and th~s would be an I what happens w~th that deternunes No 2 No I bOl 2 Individual sect:on So there's things I haven't heard and 2 example ~f it s domed there s no reason to address No 3 I'm questioning now all the things that have happened In 3 2 or the first one that we re addressing right now Is 4 the past 4 therev 5 MR SALMON This property has been developed 5 Ma REICHHART It depends on why it's dem,.d 6 at one tame I think there's been separate owners all 6 quite honestly I mean ~f there s other options If you 7 along, the front half and the back half This property at 7 can ke~p the same length quite honestly, you could 1 8 one point was one piece of property and at somewhere along 8 mean, there are other options If they stub to the south 9 the line it's been divided without the benefit of 9 or to the north the cul de sac length isn't as b~g of 10 platting And now one person owns tho back part and I 0 issue because now It's no longer measured from you know 11 somebody else owns the front part but all along they've 11 the far west of this property It s measured at a 12 both been mcluded In all the applications on th~s 12 different location 13 property Both parties have been 13 MU tuSHEL That s my point exactly 14 MS OOURDIE And that's what confuses me Is 14 MR REICHHART aegaxdless we're still going 15 how we take a p~ece of property and, even though they're 15 to require curb and gutter on the other port,on of the 16 separate mortgages and separate everything, you're stall 16 street 17 eonslde~ the same enuty oven though you're working in 17 MR ENOELBRECHT Then the standard 18 whole different hemispheres And I guess that's the part 18 subdivision regulations x~ould apply would they not° It 19 I don't understand and I'm trymg to figure out in our 19 they eame in the other way there s no need to talk about 20 process of zoning 20 street classification anymore because standard subdivision 21 MR ENOELBRECHT OO ahead, Mr Relchhart 21 regulations are going to 22 MR REICHHART one way that staff renlly 22 MR RISHEL B~ carbed and guUered !23 looks at this is not the entat;es of who's involved out 23 MR ENOELBRECHT Rlght 24 thoro, in that it's a public right-of way and we have '24 MR RISHEL Because it s no longer a 25 subdivision requirements based on the number of lots and 25 cuI de sac PLANNING AND ZONING COblIvHSSION j-IIN~ 98, 2000 Page 113 - Page 116 41 CondcnscltTM Page 117 Page 119 I MR REICHHART They're proposing curb and I sm ENOELBRECHT wcll it doesnt matter 2 gaUer on their sectaon of the road It's just the 2 Your subdivision regulatmns apply if it go~s some other 3 estate, the existing estate road is what we're telk~ng 3 direct~on 4 about 4 bis OOL'RDIE Let's JUSt go forward however 5 MR ENOELBRECHT Right But if the 5 MR MORENO Yeah 6 cul de sac length request ts denied, then doe.,~ the street 6 sm ENGELBRECHT well, my question ~s 7 classlficat~oo become an issue any longer? It's no longer 7 Conmuss~oners would you like to address eul de sac length 8 an ~ssue 8 first? Okay In that case 9 Mn SNYDI~R May I address this? I think the 9 xm S^LVlON okay I'll give you a staff 0 point is if the cul-de-sac variance is denied, then the 10 report on the cul dc-sac length 1 preliminary plat would have to be denied, as w~ll Mr I 1 gm ENOELBRECHT Thank you 12 Relchhart, isn't that correct? Because the preliminary 12 xm SALMON iff this particular variance on 13 plat is based on the eul de sac And, therefore, if the 13 cul de-sac length the C~ty the apphcant is proposing 14 preliminary plat was denied and the cul de sac was domed, 14 a cul de sac of approximately 2,550 feet long The 15 then there would be no reason to go forward oo the -- 15 current cul-de sac ~s I 400 feet long Thc C~ty's maxunmn 16 MR SALMON You're talking about Just a flat 16 cul-de sac length ~s I 000 feet 17 demal of th~ cul-de sac length ff there was jexta plato 17 During the original platting of this propc'rty 18 denial 18 a variance was ~anted which staff supported at that time 19 MR SNYDER Rlght Yeah 19 for a I 400-foot ',anance Staff's reasoning for 20 MR ENGELBRECHT Pm JUSt saying using that 20 supporting the x anance at that t~me is that there ware 12 21 as one altemattve, there may be s~v~al here 21 or 13 lois which is a relatively small number of lots and 22 MS GOURDIE And, again, Mr Vand~laan 22 so we thought thc extra 400 feet on the cul de sac 23 wasn't hem during tho Consent Agenda discussion with Mr 23 probably wash t really that serious of an issue 24 Irwin and Mr Key so I don't even know if he's aware of 24 Now '.~hat's being proposed of course ~s 25 what was -- 25 making thc cul de*sac ahnost 2,600 feet long with a total Page 118 Page 120 I MR ENGELBRECHT I don't know that he wasn't I of 32 lots So v,c think it's an entirely different animal 2 watching on Iv though because I think he was watching and 2 than v, hat was ongmally approved 3 he showed up at the appropriate time Maybe he had a 3 Ive already been through thc Instory of the 4 phone call But we're going to get to that At any rate, 4 site and how v.e ',c already wsited with the apphcants on 5 we are now on the street classification unless, 5 man) occasions about these issues Dunng Development 6 Comm~ssioners, you would bke to hear the cul de-sac 6 Reviexx Conmunee meetings over the past year and a hall I 7 length first and vote on it first Mr Moreno, do you 7 think 'ac s e made ~t quite plato that staff would not 8 have a question9 8 support a longer cul-de sac This particular varmnce has 9 MR MORENO NO I'm puzzled I'm not sure 9 bean apphed for based on the shape and size and location 10 I'm following your logic or Commissioner Oourdie's logic 10 of the property ;G'uch makes it a physical hardship 11 I don't understand why these two are mutually inclusive, 11 varmnce 12 lf that's whet we're saymg Why are they mamed'~ Or 12 Inaddmon, mtheapphcatloo theapphcant 13 maybe I heard it backwards 13 has cited also some private agreements or arrangen~ents 14 Ma OOURDIE They're prehmlnary platted that 14 that 'acre made v, lth the other property owner who owns the 15 way They're maraud because of that 15 front half concerning how the back half would be 16 MR ENOELBRECHT well my thought was that 16 developed And at least it appears to staff at this point 17 thc cul-de-sac length for de'penchng on how that goes, 17 that those private arrangements were made completely 18 you may not need to address Item 15A 18 outside of any consideration of staff comments or 19 MR MORENO say ngam 19 Development Re'dew conunents 20 MR ENOELBRECHT I~pendmg on the resolution 20 So those particular aspects of thc applicant s 21 of the eul-de sac length, for example, if it's denied, 21 application reall5 can't be considered by staff because we 22 then you don't have an issue with 15A any longer 22 look at those as sunply private agrecanents that were made 23 MR RISHEL And If you have cooneattwty to 23 outside of the umbrella of our ordinances 24 the south or to thc north, you no longer have a 24 But we can speak to the actual physical aspect 25 cul de-sac 25 of the property in relatmn to the location and shape PLANNING AND ZONING COMMISSION JUNE 28, 2000 Page 117 - Page 121 42. Cond~nseItTM Page 121 Page 123 I Lookm8 at th~ five criteria that we need to look at for a I path of engineering and put it into a d~fflcult s~tuation 2 physical hardship variance, tho first one concerns safety 2 That's why we're here this evening We do have many 3 We certatoly think them is a safety issue here We have 3 hardships associated with flus properW We do have 4 very often recommended valances to have cul-da sacs 4 several options that are available We're hare for 5 somewhal; loagar than our standard 1,000 fect, but it's 5 comments and mput from staff which they have glVeU as 6 typically for subdivisions that have relatively f~' lots 6 from P&Z and possibly Council for all these issues so that 7 We flunk that a 2,500-foot long subdivision 7 we can take an unusually shaped piece of property and make 8 with 32 10ts is not in the best interest of public safety 8 a nice development out of it 9 Wc do agree that the property ts somewhat narrow and it is 9 We arc currently at flus point tn time 10 an mtermr property as opposed to hawng frontage on a 10 proposing zoning lots s~zcs well above zoning We want 11 perimeter sin:et However, in th~s case not all the 11 16 000 to half acre lot s~zes Those are above average m 12 property around this is developed and we think them arc 12 that area [ think we'll make a nice development A~ you 13 reasonably options that can be exercised to either provide 13 have heard and I'll reiterate that the owners to the w~st 14 connectivity now or to provide connectivity m the fuOJxe 14 they have done a race job in their development with 15 So we don't se~ those physical attributes of tho property 15 estate type lots 16 that the applicant has cited as being something that's 16 There are some mutual friendships them that 17 really a hardship 17 Mr Vanderlaan would like to protect and preserve tha~r 18 Also, under Criteria No 5, flus proI~rty has 18 interest and their integrity of their subdivision We d 19 recently been subdivided and developed and we f~l that 19 hke to have as mimmum of impact as possible 20 this particular hardship has b~n somewhat seff-mfhcted 20 So that's the reason that you sec this issue 21 I'll be glad to answer any questions you have concerning 21 as we propose here this evening to assist them in 22 this variance 22 protecting their lnvesnuent and tlmr development to 23 MR ENG~LBRECHT I believe w~ havca couple 23 assist us in developing this property with a umque shape 24 Mr Rlshol 24 So those are things that put us into a small 25 MR RISHEL LOt nlo hold for right now 25 box We're hem to ask for ~nput comments and Page 122 Page 124 1 MR ENOELBRECHT All right Mr Moreno I ultimately approval on something that would allow this 2 MR MORENO JUst kind of refresh me on my 2 developer to at least get some use out of his property 1 3 jumor h~gh matheanatics, 2,600 feet is a half-mile, is 3 wish you'd come to me several months carher before the 4 that correct? 4 other project started We might have some other options 5 Ma S^LMOS That would be correct 5 tn front of us or might have some different things to 6 MR MOReNO Thank you 6 consider 7 MR ENOeLBP~CHT A~ ~ any other 7 I'm having a difficult time understanding how 8 questions for staff at flus time? Okay Is the 8 as an engineer, I can add on a short curb and gutter 9 petitioner or pettUonor's mpresentauve present? Would 9 section and turn a hog-back street Into a curb and gutter 10 you like to make any comment? This Is just a 10 street physically without tt rmmng tt or being just 11 consideration and not a public heanng so it's a bit 11 destroyed over time based on difficulty of construction, 12 different 12 as well as just affecting the mtegnty and the look and 13 MR CRAI~NELL Member of th~ Cmlmusslon, my 13 the feel of the Regency Oaks Phase 1 So we've got 14 name ~s Jeff Crannell, Crannell Engmecnng, 9127 King 14 several perimeters that we're fightrag, trying to make 15 Arthur Drive in Dallas, T~xas I'll really just answer 15 sense out of all this So we'd hke your mput and help 16 any questions you have but I do have a couple of quick 16 and conunents and we'll see tf we can move forward 17 cmnments Mr Vanderlaan, who is owner of the property 17 MR ENGELBRECHT 1 believe we have some 18 and who Is separate and a completely different entity than 18 questions Ms Gourdrc 19 the front own~shlp, so them is a very clearly defined 19 MS GOURDIE Thank you Mr Crannell, did 20 break bctweee owners They arc somewhat connected based 20 you -- were you able to hear about, earhcr this evening, 21 on just topography and site conditions but it is two 21 the Consent Agenda item9 22 thffemnt ownerships 22 MR CRANNELL Did not understand what 23 David came to me several months ago with a 23 happened on that ~tem ~4 problem and I think we all know flus has som~ unique 24 MS GOURDIE well, I guess Mr Irwm agreed 15 characteristics and fenturc~ that take ~t off the standard 25 to going back to the drawing board with y'all to try to do PLANNING AND ZONING I2OMMISSION JUNE 28, 2000 Page 121 - Page 124 43. CondensoltTM Page 125 Page t 27 I a stub out between the E1 Pasen Addtuon and your I MU R:SHEL 16 000 tO 22,000 square foot 2 addmon And that would throw a different hght on the 2 lots 3 sttoatmn Of course, that would cause probably two lots 3 MR C~ELC okay So s:mtlar size lots 4 because it was also commented that :f we get a southern 4 Okay 5 one, we'll ~xpect a northern one to contanue on through 5 MR ENGELBRECH'f NOW, when you say smniar 6 the, I believe It's tho Woedsen property Is that what tt 6 you're saying similar to whom? 7 ~s9 7 MR RISHEL SF 16 8 MR CRANNELL woodson 8 MR CRANNELL R~ght If th~re zoned SF 16 9 Ma GOURDIE SO I'm just curious :f ~,ou're 9 then proposing 16s, too 10 aware of that 10 MS OOURDIE El Pasco :s that what you rc l I MR CRANNELL I Was not aware of the act:on i 1 speaking of 9 12 this eveamg but we had, very early on, had conversations 12 MR ENGELBRECHT okay Had you you w~c 13 and thscasslons with the Keys and their engmear as to 13 the engineer putting this together evidently -- 14 connectivity issues That bogged down at that point in 14 MR CRANNELL on tho Phase 2 port,on yes 15 time and I was not aware of what happened tl~s e'~enmg 15 MR ENOELBRECHT Yes right So what would 16 That would solve eno of the problems that we ha,,e on the 16 be the problem with whore the cut-de sac :s currently 17 table 17 where it ends right now, that could be two or throe lots 18 MS OOURDIE W011, I behevn Mr Irwta 18 and then you would come ~n from thc other subthws~on m 19 conuneated that you all had spoken m such a manner that ff 19 the south of you and there would be another cul de sac 20 a stub out had happened, that what the property you were 20 ms:de of here 21 consMermg was to do the cut de-sac on the other side 21 MR CRAI~qELt. what was discussed was actually 22 which would have kind of closed y'all off from the first 22 two points of access to the south to give us access up and 23 part Is that correct tn what ho had said there" 23 hack down w~thout having to connect to Regency Oaks Phase 24 MR CRANNELL That was one of the hems that 24 I There :s some concern of connecting through streets to 25 was thscassed that we unfortunately, wdl be ued mtn 25 Regency Oaks Phase I and prowdmg a through street there Page 126 Page 128 I one section of property, one of three -- one of three, I so we were trying to protect that Issue with the Phase 1 2 east, north, or south And that would connect this 2 owners And then :f we connected up and down to the El 3 project mtn the southern development, which would put 3 Pasco Addmon, then we, yes, then we would beaoule the 4 this developer at the back end of a proposed development 4 rear end of that development which as you pmnted oat 5 So marketing-wise, tt was not ideal for them to be at the 5 we're the rear end of Phase 1 so we're going to be the 6 back end of an active subdivision So that was one of the 6 rear end of somewhere 7 negatives involved there 7 MR ENOELBRECHT P,~ght It depends on 8 MS GOURDIE Thank you 8 MR CRANNELL We JUSt like that rear end 9 MR ENGELBRECHT would you -- I don't see any 9 rather than th~s rear end 10 other questions Would you please explam how tf they 10 Ma RISUeL lhat pretty well summed It up 11 went with the stub, they'd be at the back of an active 11 thdn't he? 12 subdivision? Aren't tbey at the baek of ene tlus way, 12 MR CRANNEL If we have to p:ck a rear end 13 too9 13 we want that one 14 MR CRANNELL I think what Ms Gourdte was 14 MR ENGELBRECHT Any other questions for Mx 15 saying -- yes, and what we're proposing IS going to blend 15 Crannell9 It would appear not Thank you, sir I do 16 with those estate lots and then we would have somewhat 16 have a card Becky gang, are you here and wish to make a 17 compatthle lots I'm not sure -- well, the zomng below 17 comment? And I will when we -- Ms gang had called mc on 18 us is SF 10, I behove, Is that correct9 18 the phone and I had mthcated this was gems to ha a 19 MR ENGELBRECHT uh-hah 19 pubhc heanng and I had mlsspoken because this ~s a 20 MR CRANNELL And so there might not be some 20 consideration So I'm not asking for anyone who wants to 21 compatibility there They've got a few number of lots so 21 speak m favor or m opposition and you had mthcated you 22 there's not quite as much cross-over competition 22 weren't sure where you were So It's no problem We re 23 MR REICHHART It's SF 16 23 just asking folks to come up and speak And :f you would 24 MR CRANNELL okay So they're strmlar size 24 please use the mike and give us your name and address for 25 lots 25 the record PLANNING AND ZONING COMMISSION .p'nm~ 98, 2000 Page 125 - Page 128 44 ~on, cnscItTM Page 129 Page 131 I Ma Kt~o okay For the record, I'm Becky I Road am all larger than one acre properties Thc), re 2 Kmg My address ts 1406 Hidden Oaks Circle and my 2 multi-acre plots with single family homes on them So 3 husband and I own and are the s~ngle developers of tho 3 Regency Oaks I looks hke the rest of that comer going 4 present Regency Oaks whtch you're calhng Phase I, whtch 4 out to Hobson Road Everything else looks more hkc 5 ~s about 21 acres 5 Forresmdge and El Pasco and all of that 6 A lot of the tnformation that I had written 6 If Mr Vandcrlaan cannot get a separate access 7 down to dtscass w~th you tonight has already been covered 7 any other way we have agreed to not oppose his request to 8 so that's guod and I'll try not to repeat The egr~anent 8 extend thc vananca We feel that Regency Oaks ~s best 9 that's bccn referred to betwecn us was made veay early on 9 served by a cul de-sac and we wgurously oppose any action 10 tn the process and wc had reason to bcheve that there 10 that would make Regency Court a through street m q/ly way 11 would be some support from the City for tho longer 11 The neighborhood was not designed for through 12 cul de sac undec certam ctretm~stances 12 traffic The suggestion of a stub to the north ~s a 13 And we agreed tf Mr Vanderlaan could not get 13 tf ~t ts connecting to Regency Court, extending up mm 14 any other ktnd of access to his property, that we would 14 Mr Vanderlaan's part and then that stub ts to the north 15 allow him to extend Regency Court as long as whatever he 15 we are not m support of the extension 16 thd did not end up wah Regency Court becoming a 16 Now if there ts a way to connect his part on 17 connectmg sm:et to anylMng And that was oar 17 the south s~de to Mr Key and Mr Irwm's part and to cut 18 stipulation 18 off his part from Regency Court, whmh I behave there arc 19 Oar bottom hue concern for any kmd of 19 ways to do llus and then provtde the stub on the north 20 development adjacent to what we've already butlt as 20 for the Woodson's property, I don't have a problem w~th 21 Regency Oaks ts that it's really two-fold Our bottom 21 that My bottom lme as I said, ts that Regency Court 22 hne la to preserve the self contained nature of tho 22 should remmn a cul de sac 23 ex~stmg netghborhood that we've butlt with tis cul-de sac 23 MR ENOELBRECHT okay Thank you 24 and to protect the status of its features, purttcularly 24 Cotmmss~oners any questions for Ms Kmg? Okay Thank 25 tho trees and, therefore, the estate street, Regency 25 you Mr Reichhart, did you have a questton9 Page 130 Page 132 I Court And oar position is -- on these issues, I'I1 go I MR REICHHART I just have to make one 2 ahead and tell you about both of them is that Regency 2 cmmnent, and I can understand your reasonings behind tt 3 Coma should remain a cul-de sac and that the estate 3 and such, but as the City, I don't think we are bound by 4 street section that's alreed3, there should not be widened 4 any of the private agreements that you have between the 5 or carbed and guttered 5 two part~es regardxng extending a dedicated street And I 6 Wc'd hkc to see a distract separation between 6 Just have to put that on the record 7 the two areas Mr Vanderlaan s devclopment, as he's 7 MR ENGELBRECHT I understand that 1 8 proposed tt, ts a very attract~vc devclopment Howcver, 8 understand that We recognize that but we do appreciate 9 tt's quite a bit different fram oars We have all 9 you're coming up and telling us what sort of agreements 10 one-acre lots and larger and that's the way it was 10 are out there and what's going on Apprecmte that 11 originally designed 11 MS KING The appeals process ts tn place 12 Mr Vanderlaan's lots are just, as mentioned 12 though for -- tfa requirement ts being made by staff 13 ~n your backup, they are pretty much along the same lmes 13 then there ts thc appeals process wluch ts what we were 14 as the Fonv.~tridgc developmeat The lot sizes and the 14 asking h~m to go through, which ts to present ~t to you 15 destgn requirements are gomg to be like Forrestndge sizc 15 and to present it to follow through on that to ko..p that 16 area And that's also sumlur to apparently what the Keys 16 end of the agreement 17 and the Irwms were proposing for thetr property to the 17 MR ENGELBRECHT Yes Okay Them doesn't 18 sooth 18 appear to be any other questzons Thank you very much 19 So the point of that ts Mr Vanderlaan's 19 Is there anyone else present who would hke to address 20 ten acre area is 8omg to look much more hko the 20 this issue9 Anyone else present') Sir 21 Forrestrtdgo area to the east, I guess, and the south the 21 MR PRICE Is th~s the curb and guttermg you 22 Key and L-'wtn property on the south rather than what's 22 were talking about earher on the TV? 23 below it, the Regency Oaks wlnch is all an acre and above 23 MR ENGELBRECHT NO, thiS has to do w~th 24 In ad~hnon to that all of the other 24 cul-de-sac length at Regency Oaks Anyone else present 25 properties to thc north of us gomg out towards Hobson 25 who would hke to address thru particular tssuc~ Okay PLANNING AND ZONING COMMISSION JUN~ 28, 2000 Page 129 - Page 132 45. Condens~ItTM Page 133 Page 135 I Thank you Conumss:oners, m that casa, do you hava any I own personal opm~en 2 other qu~sttons of staff, comments, or a mo[mn? Ms 2 And again I don't want to be put tn the 3 Oourd:e 3 we hava the pubhc good and we're here to enforce the 4 MS OOLrRDIE I gaess [ would prefer to 4 ctm~nt rules that we hava on the books and to start 5 postpone tilts and have Mr Irwin speak with Mr Vanderlaan 5 swaying because there's private agreements out there pro 6 about this and got that s:tuated because I thmk a lot is 6 or con, I mean e~ther for connecuv:ty or for soma[brag 7 resung on the den:stun that they can come to 7 else I just have a feehng we'll be flooded w:th 8 MR ENOELBRECHT In that case are you mak:ng 8 developers saying, well I've got a private agreemeat I 9 a mot:on to continue? 9 can't do that I'd rather do tins 10 MS OOURD[E [JUSt was paring that out 10 MS GOURDIE HOW would you word that? Say 11 there to let everyone think that that was what my opt:on 11 that the threct~on would be to proceed w~th connecnwty 12 would be If I have to make a mo[ton, I would do so 12 between the El Pasec property and the -- see, my whole 13 Okay I would hke to recommend that we postpone th:s 13 thing though is I m hawng :f that dmect:on come~ 14 untd - see, I don't know how long 14 forth then I have to somebow beheva that what I heard 15 MR ENGELBRECHT ~ yOU saying yOU want to 15 Ms Krug say about her property being more hke what ~ out 16 continue? 16 there and th:s property more hkc what's go:ng to be m 18 th:s n'a::etmg 18 there that the road must be a cul de-sac And then 19 MR f~NOELBRECHT If we continue, we need a 19 they're getting into a property that's already been fiaal 20 date 20 platted there 21 MS OOURDIE TO July 12th, please 21 MR REtCHH~RT There's probably at least 22 MR ENOELBRECHT TO the next regularly 22 three ~f not more options The first ts that this 23 scheduled meeting, July tho 12th Is there a second7 23 devalopment goes forward as proposed right now I mean 25 MR ENOELBRECHT it's been moved and seconded 25 or south They get [ha varmnces they need or don't and Page 134 Page 136 I to contmue Ms Gourd[e, ts this a mo[ten for the I they have to build whatever sect[on on that road 2 cul-de-sac length or for all three items9 2 Another alternative, I think, is that we deny 3 MS GOURDIE For all items, please 3 the cul-de-sac length based on the other option - you 4 MR ENGELBRECHT All items on Agenda Item 4 have options to stub either to the north or to the south 5 No 15 Okay And that second covers all Agenda items9 5 So we deny the cul-de-sac length The issues regardmg 6 MS APPLE I will second that 6 what we do to the front portion of the street are still 7 MR ENGELBRECHT IS there any discussion on 7 out there so either improve the section, put curb and 8 the motton'~ 8 gutter on tt or we don't 9 MR MORENO Please 9 Regarding if there ts potential connections to 10 MR ENGELBRECHT Mr Moreno 10 the north or south, right now we have very httle that we 11 MR MORENO Are there specific duections 11 can get connection to the south We had the preltmmary 12 that the Conumsslon wants to give the applicant or ts it 12 plat You know, we're asking the applicant to work wtth 13 simply a dtscusston? 13 us But there ts no mechamsm now to require that 14 MS GOURDIE I would like the consideration 14 It's very easy to reqmre this, you know deny 15 that was given at the Consent Agenda process for the El 15 the variance for the cul-de-sac length and just say you 16 Pasco Addition to be considered, whatever we decide on 16 wzll stub to the north, period You're creating your own 17 that one I don't know what's written tn or however that 17 hardship here You will show -- we'll approve a 18 was written because that was one of the cendttions that 18 prehmmary plat with a stub to the north That's :t 19 Mr Irvan agreed to ts that he would go beak and speak, 19 And still try to get one to the south If they were to 20 d~d he not? 20 get a stub to the south and the north, then maybe they 21 MR REICHHART It was a request It wasn't a 21 could severe ties completely w~th Regency Oaks and then 22 condttton The issue there, agam, is, you know, we're 22 you have a through street tn there But I th~nk we have 23 sending this out to two private mdtwduals to try to work 23 to give them direction Deny the cul-de-sac length You 24 out an agreement to do a stub And I would rather take 24 will stub to the north, you won't stub to the north, 25 the d~reetton that, you know, we reqmre tt That's our 25 whatever tt is PLANNING AND ZONING COMMISSION JUNE 28, 2000 Page 133 - Page 136 46 CondonaoIt ~ Page 137 Page 139 I MR nNOELBRECHT Mr Rlshel I motion ~J¢'llat I would hkc to see happen, because 1 m ~ cD/ 2 MR RISHEL I may need Mr - orr legal 2 sympatbet~c to Ms King's commeots, it seems hke thc 3 at~rney to $qve me soma advlee hero It just seems to me 3 development that the Vanderlaans were going to do 4 that Texas has a long history of not allowing land to be 4 originally was more in keeping with their subdivision 5 land locked, road-locked m any way, shape, or form and 5 lot sizes, ct cetera And now their lot sizes are going 6 there has to be access somewhere And I know that orr 6 to be more m keeping w~th the Key-Irwin project So to 7 Court systean tn T~as has had a long history of allowing 7 me it would be great, and I guess it's being ldeahstlc 8 that with property smca the wild west was there Is this 8 if the parties could all get together and they could 9 a typical scenario? Do wa find that wa have to make 9 separate from Regency Oaks Let them have their 10 allowances? I mean, wa have situations wbere thoro s 10 cul de-sac and their estate you know, grand lots which is 11 owners that are totally surrounded by other people, maybe 11 more in keeping with that whole area Let them stub both 12 a single owner and they have to pave to have access either 12 directions for future access and you know kind of 13 to water or have to have access to a road sitaat~on And 13 keeping wtth the Kay Irwin since they're much more sm~d 14 I Just want to make sure that we're following though on 14 developments And I know we have no way to get thc thre~ 15 the thought process that I've got here 15 parties to do that but that would be my wish and my 16 MR SNYDER If I understand your question 16 d~rect~on 17 legal access is differeot from what access may bo required 17 MR ENOELBRECHT Mr Powell would you hke 18 by the City Legal access just means that you, as a 18 to make con~ment here'~ 19 property owner, have access to some public road I would 19 Ma POWELL if I could and it goes back to 20 suspect wben thts property was sold to Mi' Vanderlaan, as 20 Mr Rlsbel's question I th~nk that one of the things thc 21 a legal roarer, he would have had to have anght of 21 Comm~ssren needs to remember is that this a replat 22 access to a pubhc strut If eno wasn't provided for in 22 There are platted lots as part of Regency Oaks that th~s :23 the agreement, then: would have had to been an easement of 23 property does have access through Regency Oaks It ~s 24 necessity So I would think that he has a legal right 24 only the action of trying to re, plat this property and 25 probably to access through the Regency Oaks property So 25 resubdivide it after the fact that is causing this Page 138 Page 140 I if that's what your question was 1 problem 2 MR RISHEL That's my question exactly With 2 And so I think you need to go back And th*s 3 that thought in mind, I think what we have done in the 3 proper~ is subdivided It dces have access What I 4 previous Agenda item the 1 and 2 ~s we've made a 4 think staff's point is if they're going to further 5 possible access or link, as wa have called it, to the 5 subthwde it, then they need to come up to the current 6 south And as we thought that process through, we talked 6 standards of the Subdivision Code If it would have been 7 very specifically about Lot 11 and Lot 12 that would help 7 originally platted as part of Regency Oaks, wa wouldn t be 8 make that happen 8 here tonight So ~f they came in and they got the 9 And as I have tr~ed to mn the numbers on this 9 cul-de-sac, these lots were not there Now, that they r~, 10 ~f we did, in fact, have linkage to the south them, that 10 coming back and wanting to add more lots yes there is a 11 that would make the distance between one end of that 11 problem but we still feel like they need to meet the 12 street and the other end of that streat about 960 foot, 12 Code Thank you 13 maybe it's 980 foot So I think the cut de-sac questton 13 MR ENOELnRECaT I personally, and the reason 14 becomes a mut~ point, even if we had to have two bulbs of 14 I brought all this up, the reason I pulled that other one 15 cul-de-sa~:s touching each other that did not connect 15 before, we already have a cut-de sac beyond what we would 16 Myself, I think I would prefer the connectiwty just in 16 normally have for a length Staff supported that because 17 order to get tiro equipment in and out and make :t a 17 these were large lots I can't support a cul-de sac of 18 h'ale bit more accessible 18 2 500 feet I don't care if those are estate lots back 19 $o I see several things and I think that the 19 there That ~s too long And it doesn't belp the City in 20 process that Ms Oourdle has suggested of going back and 20 terms of traffic flow If we want to make these 16 000 21 trying to negotiate what's gotng to be best for our city 21 square foot lots, it makes a lot more sense to have it 22 and best for the subdivisions around it is the right way 22 stabbed in from the south and the north There's :23 to go at this point 23 connect~wty all across there and these lots eon fom~ to 24 MR ENOELBRECHT MS Apple 24 the shape of that whole other area and that just SeelnS to 2~ MS APPLE I am still for Ms Oourdle's 25 ma the way that makes sense for everybody involved hcrc PLANNING AND ZONING COMMISSION JUNE 28, 2000 Page 137 - Page t40 47 CondenseItTM Page 141 Page 143 1 MS OOURDIE SO would you prefer -- 1 It's easier to move a linc on a piece of paper than It ~s 2 MR ENC}ELBRECHT In ~gl'UlS of planning for the 2 to move a street with concrete 3 flow of traffic and all of those sorts of things for our 3 MR E~OELEaECHT well, I would hke to add 4 City Yes, Ms Oourdle 4 that that Mr - while we thdn't put it specifically on 5 MS CJOURDIE would you prefer that I remove 5 that preliminary plat and probably we should have we do 6 my motion and we deny thc cut dc sac variance and then 6 have Mr h'wm's word that he would, if that's what we 7 or put direction out there which I wrote down, direction 7 wanted was a stub out to the south that he would work 8 to stub out to the north with currently proposed property, 8 with th~s property owner to get one in there I mean 9 w~th the City requlnng a stub to the north and a 9 there was cost involved and riley were going to have to tO cul de sac at the west end of the property sevenng, i 0 work that out 11 cutong off Regency Court 11 And what staff is asking is that them be a 12 MR ENOELBRECHT I personally would because I 12 stub to thc south, stub to the north so that we can move 13 agree wlth Mr Relchhart Ithmkwenecdtesendvery 13 traffic through It dccsn't have to be threct Theycan 14 sl~clflc direction hem in th~s case The other aspect is 14 be offset so that wc don't have a - make that a 15 a couple of you have mentiened twice that we woold have 15 thoroughfare But we have so many of these bttle areas 16 cut de sac back up TO cul-d¢ sac and I don't think that's 16 In the town, you have to drive three miles to get around 17 the case at uti If two lots were, m essence, accessed 17 across a half a mile because none of the subthwsions are 18 from Regency Oaks now, and then there were two lots backed 18 connected and I think that ~s a shame for kids on b~kes 19 agemst that that would be eccessed from unother I9 as well as folks m cars And so I would prefer TO see, 20 cul-de-sac on the other side, there would be considerable 20 just g]vc direction now 21 thstancc between the two cut de-sac bulbs They would 21 MS GOURDIE All Ilght 22 never even know they were them from one to the other So 22 M~, ENGELBRECHT That's my personal opinion 23 that's my point about that 23 MS ~3OURD[E Then you want me to remove my 24 MR SALMON This IS Just a thought but, TO 24 monon9 25 mc if you sunply deny thc cut de-sac length variance, 25 MR ENOELERECI-IT well, that's up to you Page 142 Page 144 I then the applicant either has to leave the lots as they I Sure :2 are or he has to come back with something that has 2 MS GOURD[E well my only question ~s if ] 3 connectivity And that leaves ~t up to him to figure out 3 do a demal of the variance how do we give direction? l 4 how he's going to fie that and that leaves it up to hun 4 mean at least when we continue it, there's threction 5 whether or not he negotiates with the neighbors or whether 5 that's able TO give and be g~ven But when we deny 6 he tries to do something else 6 that's It 7 MS ~OURDIE [ gUESS my problem from what 7 MR ENOELBRECHT I think we've pretty well 8 I've been ~haaring is is that the thumbscrews weren't tight 8 smd 9 enough on people to make them really decide that it's 9 MR R~tCml,~a~t simply saying we deny the l0 monetarily the correct thing TO do And I think by l0 vanaece because we would reqmre connectivity to the I l stating It, that th~s is what's going to happen, the I l north or a stub road to the north would eliminate the need 12 thumbscrews have been tightened down and there's no 12 for a variance, gives theril direction 13 questiontug tt Y'all are going to have TO work it out 13 Ms OOUaDtE ^Il right Then who seconded 14 And I think if we don't mention It, they're going to say, 14 that? Who seconded that original motion? 15 well you know what, tt wasn't mentioned I don't have to 15 MR ENOELBRECHT MS Apple 16 do it Let's just take diem off and not worry about it 16 MS APPLE Me 17 So that's where I'm kind of ooncerned ts I 17 MS OOURt)IE SO do you unseeond It? Okay 18 think we need to tighten the thumbscrews down and say this 18 All right I move that wc deny a varmnce of Section 19 Is for the City This Is where we have to - this 19 Ma SNYOEa ts your motion withdrawn? 20 development is not happening to the south It's m the 20 MS GOURD[E Yes, we took ~t off thc floor 21 proposed stages right now and I believe this is also m 21 It's gone I move that we deny a variance of Section 22 the proposed stages but I have to say that Regency Oaks is 22 34 114(11 ) for Regency Oaks Phase 2 for cul dc-sac length 23 happening It's there It's an existing development and 23 as there ~s no finding of a physical hardship ',,nth 24 I flunk that gives us room to say with what v~'ve got in 24 direction to stub out to the south with the e~tly 25 our plan as saying we want flus conuectlvlty to happen 25 proposed property with City requmng a stub to the north PLANNING AND ZONING COMMISSION JUNE 28, 2000 Page 141 - Page 144 48 CondgnseItTM Page 145 Page 147 I and a cu, l de sac at the west end of the property severing I MR RISHEL It's touching 2 Regency Court or the mad Regency Court I went all the 2 MR ENGELBRECHT It's touching They can 3 way Meaning that they're going to separa~ the two 3 access their property 4 entities, that It*S not one continuous road 4 MR RISHEL It'S already there 5 Ma aNynm~ May I make a suggestmn? 5 MR ENGELBRECHT They have that acccs, 6 MS uouaom yes, please 6 That's already done That's a done deal 7 MR S~Pt'OeR t think the motion to deny should 7 MS GOURDIE But then they have to gut a 8 be a clean motion to deny and then you m~ght want to give 8 variance 9 d~rectmn on some possible alternatives 9 MR RISHEL All we're trying to do ts get 10 MS aouaotr., okay 10 further connechvtty 11 ,MR SNYDeR Because I'd rather not make it 11 MR SNYDER May I make a suggestion9 12 part of the motlon 12 MR ENGELBRECHT Yes 13 MS OOURDIe DO you want me to reread it 13 MR SNYDER I think you need to address 15A, 14 then? 14 and 15C for the sole purpose of e~ther contmumg th~nt 15 MR ENOeLBaeCHT Please 15 or denying them, because they're still pending on your 16 MS oouat~m nil right I move that we deny 16 Agenda 17 a varmnce of Section 34-114(11) for Regency Oaks Phase 2 17 MR ENGELBRECHT okay All right Then 18 for cul de-sac length There ~s no finding of a physical 18 would we have a mutton to either continue or to deny or 19 hardship 19 approve Item 15A'~ 20 MR eNGBLBRECHT second Is them any 20 MS APPLE rll move to continue 21 discussion on the moUon? I would just s~mply add my 21 MR RISHEL Second 22 comments from earher apply and that's why I seconded the 22 MR ENGELBRECHT Is thts move to continue 23 moaen I think thom are alternatives that I have 23 ltem 15A, the street vartance, would that be to cent mue 24 already addressed and stated Any other (hscusstan on thc 24 to our next regularly scheduled meeting9 25 motion? If not, vote, please Motion cames 5-0 25 MS APPLE IS that the best option9 Page 146 Page 148 I MR SNYDBR DO you want to continue the 1 MR RISHEL July 12th 2 others or deny them? 2 MS ^VeLa 're July the 12th 3 MR ENGELBRECHT NOW, we have two other 3 MR ENOELBRECHT ^11 right Mot^e^ and 4 items I'llaskstaff, do we need to constder ltem l5A 4 secondtocontlnuelteml5A Dcesthatmeludel5CI 5 given the action on 15B9 5 MR RISHEL Let's take them separately 6 MR REICHHART YES, because the only thing 6 MR ENOELnRECU'r okay 15A to the 7 that we can require out of this appheant ts a stub to the 7 15A, the exact^on variance continued to the next 8 north If we require stub to the south right now without 8 regularly scheduled meeting, July the 12th Any 9 the ability -- I mean, that basically puts the developer 9 thscusslon on the mot~on? Ms Oourthe 10 to the South m the driver's seat as to what would be his 10 ~s oOUaDm t guess I'm confused If the 11 demands, tf you would, to provide that stub We can't 11 cul de sac Is not permitted there's so what you're 12 require -- and without the stub to the south, there ts no 12 going to say is Phase 2 has to go ahead and proceed wah 13 access to this mtn from any other road Ixxgause the 13 fixing Phase 1 even though Phase 2 ~sn't going to happen' 14 property to the north is vacant If we stub to the north, 14 Is that what we're saying here? 15 unless this applicant gets pernltsston from the property 15 MR SNYDER YOU m:ght want to ask the 16 owner to put a road all the way up, we can't access this 16 apphcant if he'd prefer to connnue or deny 17 site 17 MS OOURDIE imean, even though we're 18 MR ENOELBRECHT My quest^on ts what happens 18 continuing it that's exactly what we're saying We re 19 with the street classification variance9 19 saying that th~s gentleman Is gotag to have to go ~n and 90 MR REICHHART Because what I'm saying ts 20 ~mpmve streets which he's not even going to make any 21 unless we get the stub to the south, they still have to 21 money off the homes because these are not his homes that 22 connect with the existing street That's the only place 22 he's selhng He's actually going to put $66,000 00 rote 23 they can go 23 another person's subdivision And so this is what's ~4 MR £NI2ELBRECHT They have tt already They 24 confusing me The cul de sac is not going to happen He 25 can ace^ss their property from this street right now 25 doesn't have a road so he doesn't have property to work PLANNING AND ZONING COMMISSION JUNE 28, 2000 Page 145 - Page 148 49. CondenseltTM Page 149 Page I Off of and, yet, he's being told to go rote another I property 2 person's subdtvtston and fix tt up 2 So if tho developer dectdes to go forward I 3 MR ENOELBRECHT We'rc stmply continuing 3 believe tho cul-de-sac length issues goes away with a stub 4 it As I $~: a, he has tho option of smaply pulhug that 4 to tho north, because now the cul de sac length ~s 5 item off the Agenda the next tune around He densn't even 5 measured from this intersection and not out here And x~ c 6 have to bnnff tt back tf he doesn't want to We're just 6 would still have, I believe, the requirement to ~mprow 7 not going to deal with it That's what thc motaon says to 7 fills stl~t 8 me Mr Morcao 8 MR RISHEL Mr Relchhart, If you drew your 9 MR MORENO ycsh I gUESS that was my 9 bulb on out a la~le further Mr Vandcrlaan, as far as I 10 question What arc wc accomplishing by continuing? 10 know owns the last two lots on thoro and so that woukl 11 MR ENOELBRECHT it's simply moving on with 11 put 12 tonight's,Agenda re, ally But that's thc motion on fig 12 MR REICHHART TIu$ IS the existing 13 floor 13 cul de sac right here 14 Ma MORENO $O thorn's no particular 14 MR RISHEL Right And his property ends at 15 directive to the applicant concermng this variance? 15 the end of that cul de-sac 16 MR EIqOELBRECHT well, as I said earlier when 16 MR REICHHART It ends right there 17 I voted on the cul de sac length, I said my comments from 17 MR RISHEL Those two lots are actually in 18 earlier hold and that's why I'm voting to deny this 18 h~s subthvismn as opposed to the other subthwslon 19 cul de-sac length 19 the bulb ought to go on through even though the 90 MR MORENO okay 90 connectiwty is two lots off from that If you toeasure 21 MR ENOELBRECHT We do have a motion Is 21 from where the bulb would touch those two lots to where 22 there any other dtscussion? The motion is to continue 22 the connectivity to the south would be, that's only 960 23 Item 15A to the next regularly scheduled mennng Ms 23 foot 980 foot as I've calculated it which falls wahm 24 Apple 24 our subdivision the whole thing, whether we had 95 MS APPLE [ will withdraw my meson to 25 connectivity to thc north or not I may be wrong on nix Page 150 Page 152 1 conUnue 1 mathemaucs but I don t th~nk so You've only got so many 2 MR ENOELBRECHT All right 2 lots in there It looked to me like they were 120 foot a 3 MS APPLE will yOU wtthdraw your second? 3 piece times eight so that's how I was measuring that 4 MR RtSHEL SUre 4 So I don't think there's a probl~n them wah 5 MR E,qOELEggCm' Motion has ~ wtthdrawn to 5 regard to our subdivision regulations if we only had one 6 conanue Do we have any other motton or would you like 6 access to the south If we got the second access to thc 7 to JUSt take a break? 7 north, I th~nk that would be gravy for us because I think 8 MS APPLE NO, no break 8 eventually we do want to connect that way But there 9 MR REICHHART L~t me just get to a document 9 ownership to the north that exists When we say that 10 camera Maybe I can clear up why I feel this is sail an 10 there's not -- it's not developed, that's true, but 11 issue 11 there's somebody that owns that and there's been no 12 MS APPLE. ~ad I thought maybe the people who 12 commumcatmn between those people and thc people m the 13 were concerned about the continuance would have a motion 13 subdivision 14 of then' own 14 MR REICHH.MI? The rcqmmment for 15 MR ENOELBRECHT [ understand l.~t's let Mr 15 connectivity really doesn't depend on the ownership of 16 Rc~chhart talk about flus 16 this property We're not talking about ownership We 17 MR REICHP~T This iS One of the optaous 17 talking about individual parcels out hemrc and how we 18 that has been thscussed tomght and I just sketched it up 18 interconnect the road system It really doesn't have 19 real qmck That we get some typo of access from the 19 anytlung to do with ownership 20 south, w~ can continue a road ~ and we stub up tu the 20 M~ mSUEL t understand 21 north We severn thc tlc bcq~vccn the two subdivisions 21 MR REICHHART [f WC put a stub road hem 22 Wc have two one-acm Iog hog and th~ mst of the 22 when th~s parcel gets developed, whether it's 23 subdlvtston contmues The trouble is if we don't get tho 23 toulu-famfly, whether a's estate lots, or whatever it ~s 24 access t¢ the south, that can't haplgn Wc cannot severn 24 we'll bc rcquucd to connect to that stub and continue the 25 the two shbdlvlSlOUS because he has no access to tho 25 connection all the way through no maUcr whore that PLANNINGiAND ZONING COMMISSION JUNE 28, 2000 Page 149 - Page 152 50. Condons~ItTM Page 153 Page 155 I MR RISHEL I understand I think the bulb I gums west, the cx~stmg Regency Oaks Road 2 on the west end should go over 2 MR SITYDER what Is that eurmntly classllted 3 MR REICHHART This cul-de-sac bulb? 3 as~ 4 MR RISHEL NO, the bulb that you drew right 4 MR REICHHART AS a rural section or an 5 there should be over just one lot 5 estate section 6 MR REICHHART oh, where that Is -- this is 6 MR SNrYDER SO If Item 15A Is not 7 Just -- I ,was Just Indicating that -- 7 considered tonight, It's continued or denied, then ~t 8 MR RISHEL That whole length them does not 8 would remmn an estate -- 9 represent 1,000 foot 9 MR REICHHART an estate section l0 MR REICHHART But you would measure it from 10 MR SNYDER Is that correct9 11 this intersection right hem 11 MR REICHHART Right Il' it's denied, xt'~ 12 MR RISHEL From this mterseetlon 12 an estate section or If the variance is approved -- fl 13 MR REICHHART If you went up hem and put a 13 it's darned, it would have to be Improved if this wcrc to 14 cul-dc-sge in, then this length would need a mqmmment 14 be developed in its current configuration If' it's 15 for cul-de-sac 15 approved, then It stays 16 MR RISHEL Eventually 16 MR SNYDER It's already been denied The 17 MR REICHHART SO we would -- I mean, no 17 point is It's already been denied 15B was just demcd 18 matter what, It's the staff's opinion -- 18 meanmg that they denied the cul-de-sac 19 MR RISHEL If it connects on through, then 19 MR REICHHART Correct But they could 20 It's not a cul-de-sac though 20 approve 15C with the condition that we stub to the 21 MR REICHHART Itts still street length 21 north I mean, that was talked about an approval o! the 22 though 22 prehmtnary plat If there's a stub shown to the north, 23 MR RISHEL Okay 23 we no longer have the cul-de-sac length problem 24 MR REICHFrART Unless It stubs to the north 24 MR SNYDER They could do that tonight9 25 That Is the only scenario that we don't have to deal w~th 25 MR REICHHART They could do that tonight Page 154 Page 156 I th~s road,section right hem 1 They could make an approval conthttonal that we have a 2 MR RISHEL [ think J~m's suggestion, the 2 stub to the north and now we don't have the need for 3 Chairman's suggestion that tho bulb connecUons be 3 15B The cul-de-sac length goes away 4 separated by lots In thee ~s a very l%noal flung and 4 MR ENGELBRECHT We don't have the need lot 5 that separation g~v~ us a strut length that wo can hve 5 15A, do we, the changing of the street classification9 6 with 6 MS GOURDIE Yes, because they're saying now 7 Ma REIClmAR? ~t ~S a very leg~oal flung but 7 that we've got the stub to the north, the street is frae 8 there's no guarantees that that can happen And that's 8 but now the whole street has to be consistent w~th the 9 what we¥o talking about right now, we don't hove any way 9 rest of' the street 10 to guarantee that we're go~ng to get a coanectmn to the 10 MR REICHHART we need to reclassify tt 11 south And that's the problem 11 MS GOURDIE YOU Call't go from estate, no 12 MR ENOELBRECHT L~t me ~ntm'ject Mr 12 curb and gutter, to a curb and gutter, 3 l-foot So 13 Snyder would hko to ask a couple of questions 13 they're saying that the whole thing needs to be one mca 14 MR SNYDER Y~..ah ~ R~lehhar[, .lust let me 14 pretty alleyway of a street So they're saying the whole 15 ask you a few questmns so we can clarify th~s point 15 thing needs to be curbed and guttered 16 1SA deals w~th an exaction variance eoncermng street 16 MR ENGELBRECHT well, yes I fall to 17 classfficatloas, correct7 17 understand The street classification was with the 18 Ma aetc~Hna? correct 18 current 1,400 feet 19 MR SNYDER And that street classfficat~on 19 MR REICHHART Cermet 20 deals w~th reclassifying which port~on of the development? 20 MS GOURDIE which Is an existing 21 Could you point that out on the drawing for us? 21 subdivision 22 MR REICHHART Tho axlstlng - 22 MR ENGELBRECHT And we're not gums to 23 MR s~,a'o~a would you point that out from 23 change it 24 whex~ to wh~r~? 24 MS GOURDIE Yes, you would If we - 25 MR RI~tCltHART From thc ~nd of the cul-de-sac 25 MR ENGELBRECHT If you stub to the north, ~LANNINO AND ZONING COMMISSION JUNE 28, 2000 Page 153 - Page 156 51 Cond~ns~ItTM Page 157 Page I what does that have to do with that 1,400-foot estate I had the opportum~y to put ~t on that prehrmnary plat 2 street? 2 We chose not to 3 MS GOURDIE Everything 3 MS GOURDIE which was our mistake, I think 4 MR ENGELBRECHT It has nothing to do w~th 4 Ma ENGELBRECHT That would have done 5 It You don't ever go on it 5 MS GOURDIE We should have done that 6 M'~ GOURDIE Yes, you do 6 MR ENUELBRECHT BUt We do have the '~ord 7 MR REICHHART Let me -- It would be very 7 the - 8 similar -- here's the existing proposed prrehmmary plat 8 Ms OOURDm out that's what I'm seymg 9 Okay9 If all we do ts put a stub, and I don't know would 9 that I'm xeally concerned ff we only have a nortbe-n~ ~mb 10 It be, anywhere there, we're still connecting to this 10 we're defeating the purpose of a person who's aLr~adx m 11 street We're going to still require that this be 11 development that has a certain murket~nfl plan that thcx rc 12 upgraded to an urban section 12 putting out there We're changing their marketing plan 13 MR ENGELBRECHT NO, no, no, eot without a 13 and we're making thcun redo their whole sub&vis~oa 14 cul-de-sac extension 14 perception from because of this 15 MS GOURDIE BUt We can't because he's saying 15 MR REICHHART The other issue ~s v,e re 16 now that -- 16 making a recenunendatlon to Cay Council on tins bc~au~c 17 MR ENGELBRECHT we dented the cul-de-sac 17 th~s is an exaction variance And the earhest it's gems 18 extension 18 to go to Cay Council ~s July 24th or 25th which 8ox ¢~ th~. 19 MR REICHHART But we no longer need the 19 apphcants plenty of t~me to get together, almost ox er a 20 cul-de-sac extension because we have the stub road 20 month, a hale less than a month, to see if there can b~- 21 MS GOURDIE which shortens the length of the 21 an agreement with a stub to the south 22 road because -- 22 The issue ts I behove -- we can continue ~t 23 MR REICHHART The stub road ehmlnates the 23 I mean that ~s always an option to continue the ~ anan~c 24 cul-de-sac extension 24 request for this But ~f we get to the point v, here- I 25 MR ENOELBRECHT I'm sorry 25 mean, tho applicant could very easily come back and just Page 158 Page 160 I MR REICHHART Because now 'tho cul-d~sac I show a stub to the north and we're r~ght back at the ~amc 2 oxtensmn is measure~ from tho stub read 2 point And I think we could do a recommendation ~t th~ 3 MR ENOELBRECHT I fllred a break, I guess 3 goes forward with a stub to the north we would reconuncnd 4 MR REICHHART That's tho key that It'S 4 this I mean, couch ~t on what we know tonight tuft 5 measured from the stub road 5 deal with it and make a reconunendaaon 6 MS Oomlolg But my whole porposo for denying 6 MR ENGELBRECHT MS Oourdle 7 the cul de.sac was that I behove that Regency Oaks, the 7 MS OOURDIE [ m Just ctmous Is ~ ant 8 so called first phase, is not tl~ same as tho second phase 8 way to make the subthvisions look sepamte9 Is there ant 9 and that I behove a southern stub is reqmr~l In order to 9 way that we can keep an estate lot f~l at the front of 10 make this -- in my mind I'm not saying City-wide I'm 10 Regency Court and then when we get to that cul de 11 saying In ray mind, from tho aspect of all th~so par~les i I have a monument or some kind of defining of the road that 12 playing in this gera~, that in order to do it llke Mr 12 says you are no longer in estate country You're 13 Remhhart had up there was where in, out, out. that ~ves 13 I m just say~ng to make a msual separation ff x~ e 14 them the connect~wty through the north and th~ south 14 can't and then we can leave a no curb and gui~er and 15 But ff we can't get that soutlm'n oeo, as he's now saying. 15 leave them as th~ are supposed to be 16 and I hope they're not listening -- but I was under the 16 Ma R~ICm~A~T t mean, obviously you could 17 impression that they would have to work it out during the 17 do some type of a landscaping You could do some 18 Consent Agenda, now I'm under tl~ Impression they don't i8 wrought-iron fencmg or something a hule blt thffm-ent 19 have to do It So this is the whole situataon 19 that locked reclly styhsh and a htllo ba different ~ ah 20 MR ENOELBRECHT well, I will say tlus, I 20 some pillars out near the right of way We're not go~ng 21 behevev~hadMr Ir~nn hem who sald he would work wtth 21 togetetl~twocommumties So. Imean, youcoulddo 22 that situation to got that stub put out and I will take 22 something different If the vananea if you recommended :23 that devolop~ at l~s word Ho's becn m this town a long 23 tu tl~ approve the variance, the fact that you re gems 24 tame doing a lot of operations and I think If h~ stood 24 from an estate road ~ an urban road is gems to be a 25 here and said he would do ti, ho'Il do it So, I mean. v~ 25 signal that you're ~n a different sub&vmon And I PLANNING AND ZONING COMMISSION JIINl~ 9a 2000 Page 157 - Page 160 52 CondenseltTM Page 161 Page 163 I would think, you know, that maybe the applicant would do MS APPLE [Just would hope that betwean now 2 some type of landscape or des:gA 2 and then, that all the panics mx olved have heard the 3 MS OOta*.OtE well, the other tssuc Is thc 3 comments that were made and that everybody will try to 4 agreement that they had that there would be no stub to 4 think creatively 5 make tl~ roads a thoroughfare, so to speak, through 5 Ma ENOELBRECHT Bet%re We do ' I would 6 evcsyona clse's subdtwslon And I understand the Ctty's 6 staff Mr Relchhart, I behave a question When th~s 7 point of view 7 came m before was there discuss[on with these folks of g MR REICHHART I can understand the 8 extending this street through? I m pamcularly 9 agreement I understand the concern Wa have the same 9 mtcscsted in thc Regency Oaks developer I mean they 10 argumcntbetweansFlostyl©housesandsF7aswe're 10 hadthcsecstatelots When they were talkmg to you was 11 having now between one acre lots and 16,000 square foot 11 this I mean he would come ,.wth a cul-de-sac was ~t 12 lots It's the exact same argtuneat It's different from 12 your understanding and behef that that cul-de-sac was 13 my subdivision I'm tx3tlug to create an atmosphere here 13 going to stop there, that that was a? I mean, were you 14 We always hear that same argument 14 talking to them about connectl', ~ty to anywhere at that 15 I just have tu couch against private 15 Ume~ 16 agrecmctus between d~vclopers trying to direct what we do 16 MR REICHHART NO I don't behave so 17 for future development Them will be private agrsemeats 17 MR ENOELBRECHI That tells me something 18 between developers popping up all over thc place I mean, 18 about what they had in terms of a sense of what they were 19 ~t will Just be, oh, I have a dead restriction on my 19 doing Okay 20 property I can't do that 20 MR RISHEL IS that because Mr Relchhart i 21 MR ENGELBR.ECHT comanss~oners, I want tu ask 21 wasn't here then? I 22 did th~ developer or the petitioner or petatloner's 22 MR REICHHART I was 23 representatavewant~makeacomment? Wa thought we saw 23 MR RISHEL i was trymg to get that 24 a hand up Yes, no Do you have any problem with that, 24 clarified ~5 Counlasslon~rs? We've b~en at flus for some time Yes, 25 MR SALMON AS I stated pre,,lously, when riley Page 162 Page 164 ] sir I first came in what's hem on the board is very similar to 2 MR CRANNELL My name ts Jeff Crannell We 2 what they showed us And at that tune we told them that 3 just dtd hear the issue about separatmg these two Yes, 3 th~s wasn't going to work There were cul-de sac length 4 we have plans for landscaping a stmllar-type wall at that 4 ~ssues and we had the ~ssue w~th the estate street and the 5 extstmg cul-de-sac bubble to let you know you're entermg lots that were less than one acre 6 mto another subd~vtston So, yes, we have that proposed 6 Ma ENOELEaECUX And SO that's why they 7 MR ENGELBRECHT Yes, Mr Retchhart 7 stopped the cul de-sac them9 8 MR REICHHART It was just brought to my 8 Ma SALMON night And then the next time 9 at[eAt[on, we have been at thts for a long ttme and I 9 they submlued something [hq, sunply eliminated all these 10 think we've tried to start a pohcy that tf tt keeps going 10 small lots at the end, made two big lots, and cut the 11 on, just continue ~t I'd ltke to get rcsolutton but 11 cul de sac down hem 12 there seems to be a nmnber of outstanding Issues or we 12 Ma ENOELBRECHT That s what I thought All 13 need [tale to digest all the options that we can bnng to 13 right Very 8ood Thank you Any other questmns or 14 yOU, different scenarios maybe, It[tie sketches of what 14 dlscussmn on th~s mo[mn' 15 could happen out there that Aught help you make up your 15 MR SNYOml Mr Chairman, I have a cmnmeat 1 16 mind 16 want to make 17 MR ENGELBRECHT MS Apple 17 MR ENOELERECHT Mr Snyder would like to 18 MS APPLE I was going to say I would be 18 make a comment 19 happy to rems[ate my mutton to conttnue to July the 12th 19 MR s~,rVUER t just want to make it clear to 20 for both ~tems, 15A and 15C 20 any members of the public that Item 15C ts a public 21 MR RISHEL Second 21 hearing and if they want to speak, they'd have to come 22 MR ENGELBRECHT It'S been moved and seconded 22 back at July 12th 23 to continue Items 15A and 15C to our next regularly 23 MR ENOELBRECHT okay We are good with [Ms 24 scheduled meeting, July 12th Any d~seusslon on the 24 motion Any other questions or comments? Vote, please 25 mutton? Ms Apple 25 Mo[mn carries 5 0 We will take a ten minute break PLANNINO AND ZONING COMMISSION JUNE 28, 2000 Page 161 - Page 164 53 Aoenda Item ,~-~-~-- AGENDA INFORMATION SHEET AGENDA DATE. August 15, 2000 DEPARTMENT. Planmng & Development CM/DCM/ACM. Dave Hill, 349-8314~ SUBJECT Consider approval of a resolutton supporting the Major Investment Study for Interstate 35-E from State H~ghway 121 north to the C~ty of Denton being conducted by the Texas Department of Transportation, and encouraging Texas Department of Transportation officials to conmder any means possthle that will expedite the schematic development phase of th~s program to a completion date no later, and preferably sooner than December, 2001 BACKGROUND A June 23, 2000 letter received from the Lewlswlle Chamber of Commerce was received encouraging a show of support on behalf of the City of Denton regarding the Major Investment Study for Interstate 35-E, between State Highway 121 and the City of Denton A draft resolution (attached) has been prepared for Counml consideration suppomng expedited completion of the Major Investment Study In 1998, the Texas Department of Transportation ~mtmted plans to engage ~n a Major Investment Study (MIS) for the sectlon of 1-35E extending north from Lew~swlle Lake, where the slx-lane h~ghway narrows to four lanes The hm~ts of tins study are from US 380 to Kelton Avenue (one mile north of Lew~swlle Lake) The TXDOT-Dallas D~stnct is the lead agency The ftmdmg for the Major Investment Study ~s m the 2000-2001 Umfied Work Program admlmstered by the Transportation Department of the North Central Texas Council of Governments The purpose of the MIS ~s to define and evaluate Improvement alternatives, as well as to develop a locally preferred alternative upon completion of the coordination activities, which began in Fiscal Year 1997-98 Work completed to date includes identifying the ex~stmg transportation systems m the 1-35E corridor, including compiling data such number of lanes, urban or rural road classfficatmns, and the locatmn of ex~stmg traffic signals The study has also gathered mformat~on on proposed ~mprovements to roadways, s~gnals, and other elements that are adjacent w~th or connect to 1-35E and 1-35N w~thm the study area Travel forecasts w~ll be prepared to evaluate roadway and transit alternatives As part ofthe forecasting process, a 1995 travel model vahdat~on w~ll be performed to ~nsure the model rephcates observed condlt~ons The vahdat~on effort depends on the accurate mput of data for the roadway and transit networks Pack Svehla, former Deputy C~ty Manager, was the C~ty of Denton Representative on the 1-35E MIS Task Force John Polster, Denton County Transportation Coordinator, and Buzz Elsom, TXDOT Area Engineer, were also on the task force The City of Denton staff worked w~th the Task Force to gather environmental, hlstormal, topographic, and other relevant ~nformatlon that to assist ~n the evaluation of the alternatives A public meeting requesting input was held on Wednesday, June 24,1998, at 7 00 PM at the Center for the Visual Arts A second meeting was held m Lew~swlle on June 25, 1998 at the Lew~svllle City Councd Chambers Notice of the public meetings was pubhshed ~n the major newspapers such the Dallas Morning News, Denton Record Chromcle, Lewlswlle Leader, and Lew~sv~lle News The results of the MIS are being finahzed now Draft recommendatmns as to the preferred alternative should be avmlable ~n late 2000 or early 2001 The Denton Chamber of Commerce passed a resolution similar to the attached draft resolution on July 19, 2000 OPTIONS 1 Approve the resolution 2 Deny the resolution 3 Request further information RECOMMENDATION Staff recommends approval of the resolution ESTIMATED PROJECT SCHEDULE The estimated completion date for the MIS is December 2001 A projected construction schedule wall be prepared pending the results of the MIS PRIOR ACTION/REVIEW Council has been briefed informally of the project since 1998 Tlus is the first resolution prepared for Council conslderatton regarding ttus MIS FISCAL INFORMATION The cost of the MIS, with some local assistance, ~s being prod using federal highway funding ATTACHMENTS 1 Draft Resolution 2 Lewlsvllle Chamber of Commerce Letter Respectfully s_ubml~ted/ Assistant C~ty Manager, Development Services RESOLUTION NO A RESOLUTION SUPPORTING THE MAJOR INVESTMENT STUDY FOR INTERSTATE 35-E FROM STATE HIGHWAY 121 NORTH TO THE CITY OF DENTON BEING CONDUCTED BY THE TEXAS DEPARTMENT OF TRANSPORTATION, AND ENCOURAGING TEXAS DEPARTMENT OF TRANSPORTATION OFFICIALS TO CONSIDER ANY MEANS POSSIBLE THAT WILL EXPEDITE THE SCHEMATIC DEVELOPMENT PHASE OF THIS PROGRAM TO A COMPLETION DATE NO LATER, AND PREFERABLY SOONER THAN DECEMBER, 2001, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Caty of Denton, Texas is experiencing nsang growth rates and as part of a north Texas regaon that continues to grow rapadly northward from the Dallas - Fort Worth Metroplex, and, WHEREAS, Interstate 35-E is a major thoroughfare through Denton and represents the primary artery for the flow of traffic and goods from Canada through the Umted States to Mexmo, and, WHEREAS, comprehensive expansaon and other improvements to 1-35 are needed to accommodate present and future population growth in the Denton area to both amprove safety and optamaze traffic flow, and, WHEREAS, the Texas Department of Transportation (TxDOT) is presently engaged m conducting a Major Investment Study (MIS) of the Interstate 35-E comdor from State Haghway 121 north to the Caty of Denton that as to include strategies and altematlves for fundang various amprovements to Interstate 35-E, and, WHEREAS, an expedaent completaon of the schematic development phase of the MIS program as considered essentaal to mmnta~mng sustained economac prosperity an the Denton, Texas regmn, and WHEREAS, the Board of Directors of the Denton Chamber of Commeme passed a resolution suppomng expedataous completaon of the Interstate 35-E Major Investment Study on July 19, 2000, and WHEREAS, the City Councal of the City of Denton desires to support the MIS program for the expansaon of Interstate 35-E NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES Sectl0n 1. The Denton City Council supports the MIS program for Interstate 35-E from SH 121 north to Denton beang conducted by the Texas Department of Transportation and encourages TxDOT officmls to consider any means possable that will expedite the schematic development phase of th~s program to a completmn date no later, and preferably sooner, than December, 2001, and, 3 Section 2 Copies of thls resolution shall be dlsmbuted to other elected officials, cities, and chambers of commeme along the Interstate 35-E corridor that are impacted by this transportation program Section 3. That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the __ day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our DocumentsXResolut~ons\00\CC AlS I-35 MIS Res l aug00 doc June 23, 2000 Mr Michael W Sez Oty Manager C~ty of Denton 215 East McKmney Denton, Tx 76201 Dear Mmhaal, The Board of Directors of the Lewuswile Chambvr o£ Conunercv lc~,vntly l)aS~vd a resolution supporting the Major Investment Study (MIS) currently being developed by the Texas Department of Transportation (TxDOT) for that pomon of Interstate 35-E between SH 121 and Denton Tins resolution also encourages TxDOT to consider ali necessary means to expedite the schematic development phase of flus project in order that It be completed no later than the projected completmn date of December, 2001, ff not sooner We have commumcated tins position to appropriate TxDOT officials and are requesting other cities and chambers of commerce along flus comdor to consider adopting slnular posmons As you are aware, the process ofgmmng approval for tughway projects, secunng funding and implementing construction is, at the least, an arduous process Keeping projects on- schedule requires constant commumcat~on from interested cmzens and elected officials to the agencies and lndiwduals responsible for coordinating these projects The schematic development phase of the MIS represents just one aspect of the overall goal of enhancing capacity on 1-35 that deserves our attentmn and diligence Enclosed are copies of both the letter and resolution the Lewusvflle Chamber sent to TxDOT If you have not already done do, we encourage you to explore the MIS issue fi~rther wth regmnal TxDOT officials, and we would be happy to share wuth you our perspectives at any time 'v'fie would appreciate a copy of any correspondence or resolutions your orgamzaUon may decide to act upon on tins matter Thank you for your conslderatmn, and we look forward to worhng wnh you on tins issue most crucial to our continued econorme prosperity Sincerely, Enclosure ACCREDITED ::'~,;"~:,'::'w:: 551 N Valley Parkway Lewmwlle, TX 75067 (972) 436-9571 FAX (972) 436-5949 LEWISVILLE CHAMBER OF COMMERCE June 9, 2000 Mr Charles Tucker Director of Transportation, Planning and Development Texas Department of Transportation P O Box 133067 Dallas, Texas 7~313-3067 Dear Mr Tucker On behatf of the 1,100-plus members of the Lew~swlle Chamber of Commerce, we wash to express our support for Malor Investment Study (MIS) an Interstate 35-E currently being developed for those pomons of I-35 running from SH 121 north through Levas~alle to Denton. We also want to encourage the Texas Department of TransportaUon CrxDOT) to consider all means necessary to expechte the schematic development phase of flus project m order that it be completed no later, and preferably sooner, than the projected December, 2001 completion date As you are aware, the southern pomon of Denton County, and specifically, Levaswlle, bas undergone tremendous grow~ over the past 10 years Expanded capacuty on 1-35 is essential not only to ease current traffic congestion, but also to accommodate future growth ant~cqpated m the area The attached Chamber Resolulaon addresses these concerns and our formal request that these issues remain a priority for Tx.DOT plamung Thank you for consideration of flus request and ail you do on behalf of the cmzens of the Dallas/Fort Worth Metroplex We look £orward to worPang vath you and your staff m the months and years to come  ~c 'ely, S[/I'~Si t & Associates Castle I-~lls Development Corp Ray/f ~u ~.v.~.. v.ell, Vice Chmr Board of D~rectors Med cal Center  N~o7 Swttchgear~ Gloria Roberts, Vice Chmr Board of D~rectors Board of D~rectors Texas-New Memco Power Company Joe Inck State Farm Insurance Past Chair Tcny Alien I ~lll~l Board of D?ectors Dtrector ~ Texas Bank Bank One ACCREDITED :~';;"'":: "'" 551 N Valley Parkway Lewlsvflle, TX 75067 (972) 436-9571 FAX (972) 436-5949 Kathl~l ~ker Village Ford of Lew~wlle GTE Commumcat~ons R~chard Galtelh D~rec'tor Dtrector Affihated Corporate Semces, In¢ Make Honea Agency Corporate Accommodattom Cfly of Lew~swlle D~rector D~rector Umted Commumty Bank C~ty of H~ghland V~llage Cathy Ue~kert Attachment xc The Honorable D~ck Armcy, U $ Representative The Honorable Jane Nelson, State Senator Th, Honorable Myra Crownovcr, State Rcpre,enla~v¢ The Honorable Burr Solomon% State Repm~ntaUv¢ RESOLUTION Board of Directors Lewlsville Chamber of Commerce WI:rE~REAS, the c~ty of Lewlswlle, Texas has been one of the fastest growtng cities ~n Texas over the past 20 years, growing m population over 200 percent since 1980 and over 65 percent since 1990, and, Wlm~REAS, Interstate Highway 35-E is a major thoroughfare through Lew~sv~lle and represents the primary artery for the flow of traffic and goods from Canada through the Umted States to Mexlco, and, WNI~.REAS, comprehensive expansion and other ~mprovements to 1-35 are needed to accommodate present and future population growth ~n the Lew~svdle area to both improve safety and optimize traffic flow, and, WHEREAS, the Texas Department of Transportation (TxDOT) ~s presently engaged m conducting a Major Investment Study (MIS) of the 1-35 comdor fi.om State Highway 121 north to Denton that is to ~nclude strategies and alternatives for funding various ~mprovements to 1-35, and, WHEREAS, an expedient completion of the schematic development phase of the MIS program ~s considered essential to maintaining sustained econonuc prosperity in the Lew~svllle, Texas region NOW, TI:V~REFORE BE IT RESOLVED that the Lew~svllle Chamber of Commerce supports the MIS program for Interstate 35-E from SH 121 north to Denton being conducted by the Texas Department of Transportation and encourages Tx. DOT officials to consider any means possible that w~ll expedite the schematic development phase of th~s program to a completion date no later, and preferably sooner, than December, 2001, and, BE IT FURTHER RESOLVED that cop~es ofth~s resolution be d~stnbuted to other cities and chambers of commerce along the 1-35 comdor that are impacted by this transportation program DULY PASSED AND APPROVED on this the 18th day of May, 2000. x~O~ ~f Dlrector~ ' Agenda Agenda Item ._ AGENDA INFORMATION SHEET Oate AGENDA,DATE: August 15, ~0 8~CT C~s~der ~ o~n~ v~atmg a utd~ty ~t ~mg ~e sou~ bo~es of Bl~k 3, Lots 1-13 of H~ ~E~tat~s, ~ ~on to ~e C~ of Dmto~ T~, ~ng to Cabm~ C, 'Psg* 381 of~e PI~ Remr~ ofD~t~ Co~, Tex~ ~d providing for Serial of~ ~ pr~ o~ h~v* r~uest~ ~ ~e C~ty ab~don ~e above desmbed 16-f~t md~ e~t ~ ~ sub~ms~ ~ly pla~ m 1984 a 16-foot ~t w~ ~t~ ~n ~t~c~pa~ of utth~ ~l~on~ Upon ~olopm~t ~1 utd~ mt~t~es Io~t~ pubhc s~e~ n~t of waT, ~fo~ ~ ~ no ~t or ~e n~d for ~e ~CO~TION S~ ~dom~ ~* a~ov~ of ~e abmd~mt ome~ ~e,of ~ b~ Not ~ph~bl~ None A~ched Resp~ly subm~ed P md by ~ng/& Tr~spomt~on Teen,cai A~t Location Map 16-foot Utilty Easement to be abandoned SITE MAP ,~~_~.~.__0 ROW 122 50 S 02* 14 0 ORDINANCE NO AN ORDINANCE VACATING A UTILITY EASEMENT AFFECTING THE SOUTHERN BOUNDARIES, BLOCK 3, LOTS 1-13 OF HANNAH ESTATES, AN ADDITION TO THE CITY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF, RECORDED IN CABINET C, PAGE 381 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the C~ty of Denton has received a request for the abandonment of a certmn utihty easement, and WHEREAS, the Development Rewew Committee of the C~ty of Denton, Texas rewewed the requested abandonment and recommended approval, and WHEREAS, the Council of the C~ty of Denton, Texas has determined that the utihty easement being vacated ~s no longer needed for pubhc use, and WHEREAS, the fair market value of the utihty easement has been determined and received, as requu'ed by section 272 001 of the Texas Local Government Code, NOW THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 A 16 foot wade utihty easement along the southern boundaries of Block 3, lots 1 through 13 of Hannah Estates, an ackhtion to the City of Denton, Texas, according to the plat thereof recorded m cabinet C page 381 of the Plat Records of the Denton County, Texas (the "Eas~raent'), ~s permanently vacated, abandoned, and extmgmshed as a pubhc easement SECTION 2 By reason of such vacation the C~ty of Denton's property mterast m the Easement shall, by operation of law, revert to the owner or owners abutting the easement hereto abandoned, and the C~ty of Denton releases any and all clmms to the use of the vacated property as a pubhc easement SECTION 3 Tins ordinance shall become effective ~mmechately upon ~ts passage and approval PASSED AND APPROVED flus the __ day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY Page 2 AGENDA INFORMATION SHEET AGENDA i)ATE. August 15, 2000 DEPARTI~NT: Engineering & Transportation CM/DCM/ACM: Dave Hill, 349-8314 ~ SUBJECT Consider an ordmanee approving a P~pe Line Crossing Contract between the C~ty of Denton and the Kansas City Southern Rmlway Company relatlns to the location of a City Water Pipeline within Railroad nfl)it-of-way located immediately east of smd Rmlroad nght-of-way's intersection with U S Highway 377 w~thm the C~ty of Denton, Texas, Authorizing the expenditure of funds therefor, and providing an effective date BACKGROUND Staff is facihtatmg the U S Highway 377 20-inch Water Line project, the limits being from just north of the Kansas City Southern Rmlroad Crussms to just north of Crawford Road RECOMMENDATION Staff endorses the approval of the Plpehne Crossing Contract PRIOR ACTION/REVIEW (Council, Boards, Commissions) Not applicable FISCAL INffORMATION $5,000 00_ One Time Fee Attached Respectfully submitted Technical Assistant ORDINANCE NO AN ORDINANCE APPROVING A PIPE LiNE CROSSING CONTRACT BETWEEN THE CITY OF DENTON AND THE KANSAS CITY SOUTHERN RAILWAY COMPANY RELATiNG TO THE LOCATION OF A CITY WATER PIPELINE WITHIN RAILROAD RIGHT-OF-WAY LOCATED IMMEDIATELY EAST OF SAID RAILROAD RIGHT-OF- WAY'S iNTERSECTION WITH U S HIGHWAY 377 WITHIN THE CITY OF DENTON, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The Mayor, or her designee, ts hereby authorized to execute a P~pehne Crossing Contract between the C~ty of Denton and the Kansas C~ty Southern Railway Company ~n substantially the form of the Contract wluch is attached to and made a part of this ordinance for all purposes, for the purpose of locating a C~ty water plpehne within the nght-of-way of smd railroad SECTION 2 The City Manager ~s authorized to make the expenditures as set forth m the attached Contract SECTION 3 Th~s ordinance shall become effective ~mmed~ately upon its passage and approval PASSED AND APPROVED this the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT~TY, ~TTORNEY PIPELINE CROSSING CONTRACT THIS AGREEMENT is entered ~nto this day of _, 2000 between THE KANSAS CITY SOUTHERN RAILWAY COMPANY, a M~ssourI corporation called herem "Lmensor", and CITY OF DENTON, TEXAS, to be addressed at 221 Elm Street, Denton, Texas 76201, called here~n "Licensee" 1 Licensor hereby grants Licensee the right to lay and maintain a proposed 20" water pipeline encased ~n a 36" x 150' steel casing pipe under Licensor's tracks and property at Mile Post 101 + 2250' at or near Denton, Texas, the course of the pipeline being described as follows As mdicated on KImley-Hom and Associates, Inc, pnnt of Drawing No 061024003 dated 01/10/00, marked Exhibit"A", attached and made a part hereof 2 The pxpelme shall be lind ~n a manner acceptable to Lmensor's Engineer, and plans for the same shall be submitted for h~s approval before construction work begins Laying, maintenance, operation and use of the p~pehne shall not endanger the safety or condition of Licensor's property m any way, or the operation of trams or cars, and the plpehne shall be lind at a munmum depth of twenty-eight (28) feet below the bottom of Licensor's base of rail and at a m~mmum depth of thirty-six inches (36") below the ground at other points on the right-of-way Excavations made on Licensor's property shall be promptly refilled by Lmensee, the earth well tamped, the ground left m the same condrt~on as before laying of said p~pelme, and locations of the pipeline marked and the markers maintained and plainly wsible at the right-of-way hnes Installation under tracks shall be by the dry bore and jack method The p~pelme shall be mmntained so as to prevent the escape of gas or hquld being conveyed Connections or valves shall not be placed m the pipehne nearer than forty (40) feet from the center of Licensor's nearest track Further, the pipehne and ~ts operation and use, shall comply w~th any and all applicable governmental laws, roles, and regulations If required by L~censor's Engineer, gates and check valves shall be placed m convement locations 3 Licensee shall promptly make necessary repmrs to the ptpehne, and, ~n the event of Lmensee's failure to do so, repairs may be made by Licensor at Lmensee's expense, whmh cost Lmensee expressly agrees to pay upon presentation of the bill Should L~censor at any time decide a change m the location or other changes in the p~pehne are desirable, Llcansee will at ~ts cost make the changes at Lmensor's request, and, upon the failure of Lmensee to do so, Licensor may make such changes at Licensee's expense, whmh expense Licensee expressly agrees to pay upon receipt of the bill 4 To the extent allowed by Texas law, L~censee agrees to defend, ~ndemntfy and hold Licensor, ~ts officers, agents and employees, harmless against any and all clmms, lawsuits, losses, damages, judgments, costs and expenses for personal ~njury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by any neghgant act or omission of C~ty, its officers, agents, assocmtes, employees or ~ndependent contractors, ~n the use, operation or maintenance of the purt~on of the 20" water pipeline facilities occupying the right- 3_ of-way under th~s License, except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of Licensee, its officers, agents, employees or mdependent contractors, and in the event of joint and concurrent negligence of both Licensee, Licensee's construction contractor and Licensor, responsibility and mdemmty, ~f any, shall be apportioned in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity avmlable to the City under Texas law and without waiwng any defenses of the pames under Texas law The provismns of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity Licensee further agrees that it will include Licensor as an additional lnderrmltee in the construction contract it awards for construction of the 20" water pipeline facilities within the right-of-way Licensee occupies under th~s License, so that the construction contractor will also lndemmfy Licensor for the contractor's negligent, grossly negligent or strictly liable acts or omissions in the construction of the pipeline 5 It shall be the exclusive duty and responsibility of Licensee to inspect the property subject to this Agreement to make sure that it is safe for the entry of its employees, agents and contractors Licensee shall advise all of ~ts employees, agents and contractors entenng the property of any safety hazards on the property, including, vathout limitation, the presence of moving vehicles, buried cables, tripping hazards and overhead w~res L~censee shall instruct all of its employees, agents and contractors entermg the property that all persons, equipment and supplies must mamtaln a distance of at least 25 feet from the centerlme of the track unless authorized by the on-site rmlroad flagman to be closer than 25 feet Fmally, Licensee shall ensure that no personnel, equipment or supplies under its control are within the clearance point of the track when moving railroad equipment may be seen from or heard at the property subject to this Agreement 6 Raghts herein granted are personal and may not be assigned without Licensor's written consent The provisions of tbas L~cense shall be binding upon the successors and permitted assigns of both parties 7 FEES Licensee agrees to pay to Licensor for the use of Licensor's right of way and the pnvdege hereby granted the one-time fee of FIVE THOUSAND AND NO/100 DOLLARS ($5,000 00) upon execution of this Agreement 8 Upon termination of this License, Licensee shall ~mmedlately remove the papehne from the property of Licensor Upon failure of the Lmensee to remove the plpehne Licensor may remove it at Licensee's expense, which cost and expense Licensee agrees to pay 9 If dunng installation, maintenance, or removal of the plpehne Licensee's eqmpment or personnel will be closer than 25 feet fi'om the center line of the nearest track, then Licensor will provide one of its employees as a qualified flagman Licensee is responsible for all flagging expenses, and It will reimburse Licensor for all of Licensor's costs and expenses associated with providing the flagman Lmensee and its agents, employees and contractors will clear the tracks when d~rected to do so by the flagman The presence of the flagman w~ll not relieve Licensee of its duty to keep all of its agents, employees and contractors clear of the tracks when trams are in dangerous proximity to the licensed area, nor will the negligence of the flagman release Licensee from its duty of ~ndemmficatlon under section 3 of this Agreement Should Licensor consider it necessary or desirable to supervise the installation or removal of the plpelme, then Licensor may do so at Licensee's expanse Licensee will reimburse Licensor for all of 2 Licensor's reasonable costs and expenses w~thm 30 days of receipt of a bill from L~censor spemfymg ~n reasonable detail L~cansor's costs and expenses 10 This Agreement shall contanue in force for one (1) year and thereafter untd terminated by thirty (30) days notice in wntmg g~ven by either party to the other 11 Environmental Protection The Lxcensee shall not permit hazardous waste, hazardous substances or hazardous materials on or ~n the area covered by this agreement w~thout the written consent of the Licensor The Licensee shall at all times keep the area covered by th~s agreement ~n a safe, clean and sanitary condition, and shall not mutilate, damage, misuse, alter or permit waste therein Should any discharge, leakage, spillage or emission of any hazardous waste, hazardous substance or hazardous material or pollution of any kand occur upon, ~n, into, under or from the area covered by this agreement due to L~eensee's use and occupancy thereof, the L~censee, at its sole cost and expense, shall clean all property affected thereby, to the satisfaction of the Licensor and any governmental body having jurisdiction thereover The L~censee shall comply w~th all apphcable ordinances, rules, regulations, requirements and laws whatsoever lncludmg (by way of dlustrataon only and not by way of hmitatmn) any governmental authority or court controlling environmental standards and conditions on the premises and shall furnish satisfactory evidence of such compliance upon request by the L~censor IF, AS A RESULT OF THE LICENSEE'S OPERATION HEREUNDER, ANY SUCH ORDINANCE, RULE, REGULATION, REQUIREMENT, DECREE, CONSENT DECREE, JUDGMENT, PERMIT OR LAW IS VIOLATED, OR IF, AS A RESULT OF ANY ACTION BY THE LICENSEE, ANY HAZARDOUS OR TOXIC WASTE, MATERIALS OR SUBSTANCES SHOULD ENTER OR OTHERWISE AFFECT ANY PART OF THE AREA COVERED BY THIS AGREEMENT (INCLUDING SURFACE, SUBSURFACE, AIRBORNE AND/OR GROLrND CONTAMINATION), THE LICENSEE SHALL PROTECT, SAVE HARMLESS, DEFEND AND INDEMNIFY THE LICENSOR FROM AND AGAINST ANY PENALTIES, FINES, COSTS, RESPONSE, REMEDIAL, REMOVAL AND CLEAN-UP COSTS, CORRECTIVE ACTION, NATURAL RESOURCE DAMAGE AND DAMAGES AND EXPENSES OF ANY OTHER NATURE WHATSOEVER, INCLUDING LEGAL FEES AND COURT COSTS, IMPOSED UPON OR INCURRED BY THE LICENSOR, CAUSED BY, RESULTING FROM OR IN CONNECTION WiTH SUCH VIOLATION OR VIOLATIONS FOR THE PURPOSES OF THIS ENVIRONMENTAL PROTECTION SECTION, THE LICENSEE AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE LICENSOR FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LIABILITY, RESPONSIBILITY AND CAUSES OF ACTION (WHETHER ARISING IN OR OUT OF TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) ASSERTED AGAINST THEM FOR DEATH, INJURY, LOSS OR DAMAGE RESULTING TO THE LICENSOR'S EMPLOYEES OR PROPERTY, OR TO THE LICENSEE OR THE LICENSEE'S EMPLOYEES OR PROPERTY, OR TO ANY OTHER PERSONS OR THEIR PROPERTY, AND FOR ALL PENALTIES, FINES, COSTS, RESPONSE, REMOVAL, REMEDIAL AND CLEAN UP COSTS, CORRECTIVE ACTION, NATURAL RESOURCE DAMAGE AND DAMAGES AND EXPENSES OF ANY OTHER NATURE WHATSOEVER, INCLUDING LEGAL FEES AND COURT COSTS, ARISING FROM, RELATED TO OR HAPPENING IN CONNECTION WITH THE USE OF THE AREA COVERED BY THIS AGREEMENT BY THE LICENSEE AND ITS AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS AND REPRESENTATIVES 3 FOR THE PURPOSES OF THIS ENVIRONMENTAL PROTECTION SECTION, THE LICENSEE FURTHER AGREES THAT ITS OBLIGATION OF INDEMNITY HEREUNDER SHALL BE STRICT AND ABSOLUTE AND SHALL REMAIN IN FULL EFFECT IRRESPECTIVE OF ANY NEGLIGENCE ON THE PART OF THE LICENSOR 12 So long as this Agreement is m effect, Licensee agrees to maintain comprehensive, general, and contractual hablhty insurance that covers Licensee's maximum potential liability under the Texas Tort Claims Act Licensee may discharge tlms obligation through a self-insurance, self-retention program that satisfies all applicable state laws, rules, and regulations 13 Lmensee agrees to furnish Licensor w~th a cemfied copy of resolution or ordinance adopted by the City of Denton, Texas, authorizing the Mayor and City Clerk to execute this contract on behalf of the City IN WITNESS WltEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of the date first above written THE KANSAS CITY SOUTHERN RAILWAY COMPANY By Vice President and Chief Engineer CITY OF DENTON, TEXAS By Mayor ATTEST By City Clerk Approved as to form Legal Department 4 I I I~:HA NO I ~lIM Kimley. Horn CiTY OF' DENTON TEXAS t061024005~ ~ll[_] andAssodates, lnc PLAN VIEW OF PROPOSED .~,~.~e~,..oo ..w.,.,tx :,.m 8.-.~z-~ PIPELINE INSTALLATION / EX-A I 01/10/00 10 45 kcsrr ~IM ~mley-Horn CiTY OF DENTON TEXAS 061024003 ~IU andAssoclates, lnc PROFILE OF PROPOSED ~o.,~,,,.~t0~ ~w.~,'rx ~,m ,r,,.-~.~', PIPELINE INSTALLATION r...x-~ : Agenda No_~~ Agenda Item. AGENDA INFORMATION SHEET Date AGENDA DATE. August 15, 2000 DEP~T~NT: En~n~g & Transpomflon C~C~ACM: Dave H~ 349.8314 ~ S~CT Consz~ ~ ~n~ of~e C~ty of D~ton approving a L~c~se A~m~t b~e~ ~c C~ty of D~ton ~d ~e Tex~ M~tc~pal Pow~ Ag~cy ("~A'~ relating to ~e location of a C~ Wat~ P~pelme w~m a ~A uttlt~ e~em~t ~s~b~ m ~at ~ e~t r~orded m Vol~e 1141, Pages 128- 131 of ~o ~d ge~rds of D~ton Co~, T~ ne~ where smd e~t mt~s wt~ U S H~way 377 w~m ~e Ct~ of ~ton, Text, Au~on~ng ~e ~p~&~e of ~ ~for, ~d provx&ng ~ cffe~tve BACKGRO~ S~]s facih~g ~e U S Ht~way 377 20-tach Wat~ Lzne proje~, ~e hmtts being ~om j~t no~ of · c ~s~ Ct~ Sou~ Rmlroad Crossing to j~t no~h of Cmwford Road ~CO~ATION Stuff ~do~es ~c a~rov~ of ~e Lt~se A~t P~OR ACTION~W (Coun~ Boards, Com~sions) Not apphcable ~SC~ ~O~TION $200 00 Pm~ssmg Fee A~h~ Resp~ly subm~ D~se M P~z ' Tec~cal ~ms~t ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS MUNICIPAL POWER AGENCY ("TMPA") RELATING TO THE LOCATION OF A CITY WATER PIPELINE WITHIN A TMPA UTILITY EASEMENT DESCRIBED IN THAT CERTAIN EASEMENT RECORDED 1N VOLUME 1141, PAGES 128-131 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS NEAR WHERE SAID EASEMENT INTERSECTS WITH U S HIGHWAY 377 W1THIN THE CITY OF DENTON, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The C~ty Manager, or h~s desxgnee, ~s hereby authorized to execute a L~cense Agreement between the C~ty of Denton and the Texas Mumc~pal Power Agency ~n substantially the form of the Agreement whmh ~s attached to and made a part of this ordinance for all purposes, for the purpose of locating a Caty water p~pelme within a TMPA utility easement as described thereto SECTION 2 The C~ty Manager ~s authorized to make the expenditures as set forth in the attached Contract SECTION 3 Th~s ordanance shall become effective xmmedlately upon ~ts passage and approval PASSED AND APPROVED fins the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM LICENSE AGREEMENT RELATING TO ENCROACHMENT ON EASEMENT Date June 26. 2000 Fde Code: T1602, D 8 Re C~ty of Denton 20 Inch Water L~ne Crossm~z Dear Sir The C~ty of Denton (hereinafter referred to as User) has requested permission to use the area w~thm the boundaries of Texas Mumc~pal Power Agency's ("TMPA") 138 KV Power Line Easement, located ~n Denton County, Texas, for a 20 ~nch water hne crossing TMPA's 138 KV transmission hne, W Denton Corinth TMPA ~s agreeable to the construction of the underground 20 ~nch water hne hereinafter referred to as the "encroaching facd~ty", ~f the encroaching facd~ty ~s located and described as shown on the attached drawing, marked Exhibit "A" and incorporated here~n, and subject to the following terms and conditions i It ~s understood and agreed that TMPA holds easement r~ghts on the property revolved, therefore, User wdl be required to obtain whatever r~ghts and permission, other than TMPA's, that are necessary Th~s letter agreement shall extend to and be b~nd~ng upon User and ~ts he~rs, successors, and assigns, and ~s not to be interpreted as a waiver of any r~ghts held by TMPA under ~ts easement 2 To the extent allowed by Texas law, User agrees to defend, ~ndemmfy and hold TMPA, ~ts officers, agents, and employees, harmless against any and all claims, lawsuits, losses, damages, judgments, costs and expenses for personal ~njury (including death), property damage or other harm for which recovery of damages ~s sought, suffered by any person or persons, that may ar~se out of or be occasioned by any neghgent act or omission of User, ~ts officers, agents, associates, employees, or independent contractors, ~n the use, operabon or maintenance of the porbon of the 20" water p~pehne facd~bes occupying the property under th~s L~cense, except that the ~ndemn~ty prowded for m th~s paragraph shall not apply to any habd~ty resulting from the neghgence of Lmensee, ~ts officers, agents, employees, or ~ndependent contractors, and ~n the event of joint and concurrent neghgence of both L~censee, L~censee's construchon contractor and L~censor, respons~bd~ty and indemnity, ~f any, shall be apportmned ~n accordance w~th the laws of the State of Texas, w~thout, however, wa~wng any governmental ~mmumty avadable to the User under Texas law and w~thout wa~wng any defenses of the part~es under Texas law The prows~ons of th~s paragraph are solely for the benefit of the part~es hereto and not intended to create or grant any r~ghts, contractual or otherwme, to any other person or entity 3 Use of draghnes or other boom type equipment ~n connection w~th any work to be performed on the TMPA easement by User, ~ts employees, agents, representabves or contractors must comply w~th Chapter 752, Texas Health and Safety Code, the Nabonal Electrical Safety Code and any other apphcable safety or clearance requirements Notwithstanding anything to the contrary here~n, ~n no event shall any equipment be within ~.5 feet of the TMPA power hnes s~tuated on the aforesaid property User must nobfy the Superwsor of Transmission, Tom Chambers, at (936) 873 1125 or (936) 225 86:~4 (cell phone), 48 hours prior to beg~nmng construcbon or the use of any boom type equipment on the TMPA easement 4 If ~n the future the encroaching facd~ty, m the sole judgment of TMPA, does ~nterfere w~th the use or enjoyment of ~ts easement rights, TMPA shall have the r~ght to remove sa~d encroaching facd~ty TMPA shall not~fy User ~n wnbng that, w~th~n 90 days, the encroaching facd~ty must be removed at User's sole cost If at the end of the 90 day per~od the encroaching facd~ty has not been removed, TMPA shall remove ~t at User's expense TMPA wdl not be responsible nor wdl compensation be pa~d for damages incurred by such removal However, ~n an emergency, TMPA shall have the right to ~mmed~ately remove the encroaching facd~ty If the encroaching faclhty ~s removed, TMPA wdl not w~thhold consent for User to relocate the encroaching facd~ty w~thm the easement 5 It ~s expressly understood and agreed that ~f the property has transmission or d~stnbubon facd~bes located thereon, User shall not place upon the premises, any ~mprovements ~nclud~ng but not hm~ted to, budding, hght standards, fences, shrubs, trees or s~gns unless approved ~n wnbng by TMPA 6 It is agreed that no trash dumpsters, toxic substances or flammable material wdl be allowed on the easement 7 TMPA wdl not be responsible for any costs of construcbon, operation and maintenance of User's encroaching facdlty It ~s further agreed that TMPA shall not be liable for any damage to the encroaching facd~ty herein agreed to as a result of TMPA's use pursuant to its easement Any TMPA property damaged or destroyed by User or ~ts agents shall be repaired or replaced by TMPA at User's expense and payment ~s due upon User's receipt of an ~nvo~ce from TMPA 8 Blasting is not permitted on the TMPA right of way 9 Grading shall be done in order to leave the right of way In as near as possible to present condlbon Spod d~rt and all trash shall be removed from the right of way Slopes shall be graded so that TMPA vehicles may transit the right of way when required to maintain TMPA's facilities 10 Shoring shall be required where approved excavabon ~s within 10 feet of a structure and shall extend 20 feet each s~de of the centerhne of the structure Shoring shall be sufficient to w~thstand the added load of the structure and its foobng D~tches shall not be left open for extended periods of bme Except when p~pe or underground fac~ht~es are installed, shoring shall be removed and ditches properly backfllled as soon as practmal Backfill shall be thoroughly tamped Water tamping shall not be permitted w~thln this area 11 The TMPA r~ght of way shall be protected from washing and erosion by a method approved by TMPA 12 Construction equipment and materials shall not be stored on the r~ght of way during construction 13 It ~s understood and agreed that, ~n case of default by User or ~ts agents ~n any of the terms and condltmns here~n stated and such default continues for a permd of ten (10) days after TMPA nobfles User of such default, TMPA may at its elect~on forthwith terminate th~s agreement and upon such termination all of User's rights hereunder shall cease and come to an end Th~s agreement shall also terminate upon the abandonment of the encroaching faclhty If the foregoing terms and conditions are acceptable to the City of Denton, please have the original and a copy of th~s letter agreement s~gned and returned to me at Texas Mumclpal Power Agency, P 0 Box 7000, Bryan, Texas 77805 w~thm 30 days for final approval by TMPA Th~s letter agreement shall be effecbve only after final approval by TMPA Yours very truly, Hubert Nelson Land Superwsor ACCEPTED APPROVED TEXAS MUNICIPAL POWER AGENCY By By Title T~tle Date Date HN/wmc ENCROACHMENTDENTON ~. ~-Y ATTORNEY, EXHIBIT "A" lof2 D~ PROJECT ARG%E POWER LINE EASEMENT I SHF'I:'T 1 OF 1 GENERAL LOCATION MaP I SHEET 6/23/00 14 31 POWER A0endaltem . ,~.~ AGENDA ]~TFO]L~TION SHEET AGENDAIDATE: August 15, 2000 DEPARTMENT: Engineering Sc Transportation CM/DCM/ACM: Dave Hill? 349-8314 '~ st n cT Consider adoption of an ordinance approving a real estate contract between the City of Denton and W]lham L Aberuathy Charitable Lead Trust, relating to the purchase of approximately 0 0258 acres of land for the expansion of U S Fhghway 77 (Parcel 62), authorizing the expenditure of funds therefor, and prov~dlng an effective date BACKGROUND~ Mr John T Archer, Semor Trustee has executed a real estate contract for the required right-of- way for the U S I-hghway 77 Wldemng Project The contract amount of $12,170 00 represents the fair market value as determined by an independent appraiser and rewewed by a separate appraiser for conformity and as required by the Texas Department of Transportatwn (TxDOT) The Appraiser and Review Appraiser Professional Servmes Contracts were approved by the City Council x~ 1997 RECOMMENDATION: Staff recommends approval of the real estate contract between the City of Denton and William L Abemathy Charitable Lead Trust for the purchase of 0 0258 acres of land for U S Highway 77 Widening Project PRIOR A~CTION/REVIEW (Council Boards. Commms~ons) The Planning & Zoning Commission recommended approval on July 23, 1997 nSC, OaM ON The purchase pnc~ ~s $12,170 00 ($10 75 per square foot), plus closing costs of approximately $750 00 Attached Respectfully submitted JE~reT~~ ed by Patti Wfihamson R~ght-of-Way Agent 2 rFP · _LP · a I'C'~t> TL t3(VERSITY DRIVE: : L.S, 380 _,.... 8lib ~ 4 Plsnmng and Zonulg Minutes July 23, 1997 - Page 2 I Ms~ Schertz Arc there any other nominations? If there are none, nornlnstions are closed We[will vote on the nominees in the order of then: nomination I wE kst then: name and then after I am through if you will raise your right hand ff you are m favor As many as are ,in favor of Jun Engelbrecht please raise your right hand (Vote - 3) As many as are m favor of Ellen Schertz please raise your right h~nd (Vote - 4) The new Chair person by majonty is Ellen Schertz Thank you For the second nominee we will be electm~ Vlce~Chan: person Thc floor Ii open Ms Apple I would hke to nominate Bob Powell Ms Schertz Are there any further nominations? Mr [Morano I would nominate Jim Engelbrecht Ms, Schertz Are there any further nommat,ons~ Seeing none, ~ommations are elnsed As many as are in favor of Bob Powell, please raise your right hand (Vote - 4) Seeing there is a majority, the new Vice-Chair person will be Bob Powell Congratulauom III Consider approval of the minutes of the July 9, 1997 meeting Ms. Sehertz Are there any corrections? Seeing none, the minutes will stand approved as written z~IV Consider making recommendation to the City Council for the acquisition of the Right-of- Way for U.S. 377 from F.M 2164 to 1-35 Mr I POwell That's not 377 but is 77 Ms !Sehertz' You are correct Let the minutes reflect that Mr I Powell I would move that we recommend to the City Council the aequmUon of Right-of-Way for US 77 from FM 2164 to 1-35 Ms. Ganzer Second Ms I Schertz Is there any diseusslon9 All in favor, please raise your right hand Mouon passes. (7-0) V Consider making recommendation to the City Council for the acqumuon of the Right-of- Way for Lakeview Boulevard Mr. iPowell I move that we make recommendation to the City Council for the acquisition of t~e Right-of-Way for Lakeview Boulevard .Mr. lEngelbrecht Second ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND THE WILLIAM L ABERNATHY CHARITABLE LEAD TRUST, RELATING TO THE PURCHASE OF 0 0258 ACRES OF LAND FOR THE EXPANSION OF U S HIGHWAY 77 (PARCEL 62), AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute a Real Estate Contract between the City and the William L Abemathy Charitable Lead Trust, in substantmlly the form of the Real Estate Contract which is attached hereto and made a part of this ordinance for all purposes, for the purchase of 0 0258 acres of land for the expansion ofU S Highway 77 (Parcel 62) SECTION 2 That the City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract SECTION 3 That this ordinance shall become effective lmmedmtely upon its passage and approval PASSED AND APPROVED th~s the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 6 REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE iS made by and between JOHN T. ARCHER, MICHAEL J. MESSINA, JIM HUND, HARRY THOMAS AREP. NATHY, SIDNEY PEYTON ABE~NATHY, TRUSTEE' S FOR THE WILLIAM L. ABERNATHY C}L%RIA~E LEAD TRUST (hereinafter referred to as "Seller#) and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchasera), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or ,parcel of land described in Exhibit aA" attached with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances Being hereinafter referred to es the 'Property#), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. Seller shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any and/or improvements located within the property described in Exhibit UA.. Any improvements not removed by May 31, 2000 shall become property of the City of Denton, Tex~. PURCHASE PRICE 1. .a~m~unt of Purchase Price. The purchase price for the Property shall be the sum of $12,170.00. 2. ~avment of Purchase Price. The full amount of the Purchase Price shall he payable in cash at the closing. PURCHASER' S OBLIGATIONS The obligations of Purchaser hereunder to cons-mate the transactions contemplated hereby are subject to the satisfaction of aachlof the following conditions any of which may be waived in whole o= in part by Purchaser at or prior to the closing. 1. Preliminary Title Renort. Within twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue e owners policy commitment (the aCommitment") accompanied by copies of all wecorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller writtenlnotice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the Co~m~itment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfa~tory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposesl otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. ~ ~urvev. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by · duly licensed Texas land surveyor acceptable to Purchaser. The survey ~ha11 be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereofl. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period,i give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, PurchaSer may terminate this Agreement, and the Agreement shall thereupon he null and void £or all purposes and the Escrow AEE008FE PAGE 2 8 Deposit shall be returned by the Title Company to Purchaser. Purchaser,s failure to give Seller this written notice shall be deemed tO be Purchaser's acceptance of the survey. 3. Seller,s Compliance. Seller shall have performed, ob- served, &nd complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or es of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: 1. There ere no parties in possession of any portion of the Property es lessees, tenants at sufferance, trespassers or other partieSl. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wa~es or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Re~ource Conservation and Recovery Act (RCRA), as amended, and t~e Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. CLOSING The closing shall be held at the office of Dentex Title Company on or before May 31, 2000, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the -closing date#). AEE008FE PAGE 3 CLOSING REQUIREMENTS 1. Seller.s Reouirements. At the closing Seller sha11~ A. Deliver to The City of Denton a duly executed end acknowledged Deed in the ~orm es attached hereto as Exhibit ~B" conveying good and marketable title to all of the Property, £ree and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the £ollowing: 1. General real estate taxes for the year of closing and subsequent years not yet due and payable~ 2. Any exceptions approved by Purchaser pursuant to purchaser's Obliaations here- o£~ and 3. Any exceptions approved by Purchaser in writing. B. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the 'Title Company"), or such title company as Seller end Purchaser may mutually agree upon, in Purchaser's favor in the full 'mount of the purchase price, insuring £ee simple title for the State of Texas to the Property subject only to those title exceptions listed in Closina Re=uirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form cE Texas Owner's Policy of Title Insurance, provided, however= 1. The boundary and survey exceptions shall be deleted if required by Purchaser end if so required, the costs associated with same shall be borne by Purchaser~ 2. The exception as to restrictive cove- nants shall he endorsed .None of Record"~ 3. The exception for taxes shall be limited to the year o£ closing and shall AEE008FE PA~E 4 10 be endorsed "Not Yet Due and Payable"i end 4. The exception es to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. 2. Purchaser,s Reauirements. Purchaser shall pay the consideration as referenced in the .Purchase Price~ section of this contract at Closing in imediately available funds. 3. ~. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other costs and expenses of closing in cons---,&ting the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser REAL ESTATE COMMISSION All obligations of the Seller and Purchaser for payment of brokers' fees are contained in separate written agreements. BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to seller. BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to purchaser. AEE008~E PAGE 5 11 MISCELLANEOUS 1. Assianment of Aareement. This Agreement may be assigned by Purchaser without the express written consent of Seller. 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to ADDIv. This Agreement shall be construed under end in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. ~. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Legal Construction. In case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said validity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, i11eg~}, or unenforceable provision had never been contained herein. ?. Prior Aareements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 8. Time of Essence. Time is of the essence in this Agreement. 9. ~ender. Words of any gender used in this Agreement shall AEE008FE PAGE 6 be held and construed to include any other gender, end words in the singular n~er shall be held to include the plural, and vice versa, lunless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute · memorandum of this Agreement suitable for filing of record. 11. Cumoliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. ~__~. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Seller, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. DATED this day of , 2000. SELLER PURCHASER WILLIAM L. ABERNATHY THE CITY OF DENTON, TEXAS  UST ' BY: ~ T--~TEE MICHAEL W. JEZ City Manager 215 E. McKinney MICHAEL J. MESSINA, TRUSTEE Denton, Texas 76201 JIM HUND, TRUSTEE HARRY THOMAS ABERNATHY, TRUSTEE SIDNEY PEYTON ABER~ATHY, TRUSTEE AEE008FE PAGE 7 13 STATE OF TEXAS COUNTY IOF DENTON This instrument is acknowledged before me, on this __ day of · 2000 by Michael W. Jez, City Manager, of the City of Denton, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of De~ton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate ordinance of the City Cottncil of the City of Denton end that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. Notary Public in and for the State of Texas STATE OF ~06~ comfy, or Th~ imstrument is acknowledged before me, on this I~L~ day of 5)OmU~{U , 2000 by JO~ T. ~CHER. I~T~ ~n~un~ I~ 'N~ta~ P~lic i~ andt for ~ '~,~.~ ~27,~ ~ 2he State of ~00{~ STATE OF COUNTY OF ,, This instrument is acknowledged before me, on this day of , 2000 by MICHAEL J. MESSINA. Notary Public in and for the State of AEE008FE PAGE 8 14 STATE OF COUNTY OF This instrument is acknowledged before me, on this day of , 2000 by ~IM HUND. Notary Public in and for the State of STATE O~ COUNTY OF This instrument is acknowledged before me, on this day of , 2000 by HARRY THOMAS ABERNATHY. Notary Public in and for the State o£ STATE OF COUNTY. OF This instrument is acknowledged before me, on this day of , 2000 by SIDNEY PAYTONABERNATHY. Notary Public in and for the State of STATE OF COUNTY OF This instrument is acknowledged before me, on this day of , 2000 by Notary Public in and for AEE008FE PAGE 9 15 the State of COUNTY OF This i~strument is acknowledged before me, on this day of , 2000 by , Notary Public in and for the State of STATE OF COUNTY OF This instrument is acknowledged before me, on this day of · 2000 by Notary Public in and for the State of AEE008FE PAGE 10 EXHIBIT "A" County: Denton Page: ~ of ~ Highway: U.S. 77 D-15-31 Project Limits: From ~.H. 3§ Rev. January 13, 1995 To u.s.~s0 CSJ: 019§-02- Account: Legal Land Description for Parcel 62 BEING 1,126 square feet or 0.0258 acres of land, more or less, situated in the M. Meisenheimer Survey, Abstract Number 811, the City of Denton, Denton County, Texas, and being a part of Lots 5, 6, 7, and 8 in the J.M. Chandler Subdivision, an addition to the City of Denton, Texas, as recorded in Volume 144, Page 419, Deed Records of Denton County, Texas, and being a part of the land conveyed to William L. Abernathy by deed as recorded in Volume 2361, page 326, Deed Records of Denton County, Texas; said 1,126 square feet or 0.0258 acres of land being more particularly described by metes and bounds as follows: COMMENCING at a P.K. Nail and washer found in the most eastern property line of a tract of land conveyed to Property Development Associates, a California general partnership, by deed as recorded in VolUme 2926, page 0463, Deed Records of Denton County, Texas, and being the northwest corner of a tract of land conveyed to Ann B. Hawkins by deed as recorded in Volume 3207, Page 0421, Deed Records of Denton County, Texas, and the southwest corner of said Abernathy tract of land,; THENCEISouth 00 degrees 48 minutes 27 seconds West along the common property line of said Property Development Associates tract of land and sa~d Hawkins tract of land for a distance of 64.51 feet to the new northern right of way liDe of U.S. 380; THENCE South 89 degree,'14 minutes 37 seconds East along the new northern right of way line of U.S. 380 for a distance of 111.98 feet tO an angle point; THENCEINorth 45 degrees 45 minutes 13 seconds East along the new northern right of way line of U.S. 380 for a distance of 48.33 feet to the new western right of way line of Locust street; EXHIBIT "A" County. Denton Page ~ of ~ Highway: U.S. 77 D-15-31 Pro]ect Limits' From I H. 35 Rev. January 13, 1995 To U,S. 380 CSJ' 0195-02- Account: Legal Land Description for Parcel 62 THENCE North 01 degrees 10 minutes 58 seconds East along the new western right of way line of Locust Street for a distance of 30.33 feet to an "X" cut in the northern property line of said Hawklns tract of land and the most southern property llne of said Abernathy tract of land, at the POINT OF BEGINNING, (1) THENCE North 01 degrees 10 mlnutes 58 seconds East along the new western right of way l~ne of Locust Street for a distance of 315.44 feet to an "x" cut in the existing southern right of way l~ne of Sherman Street, a public road; (2) THENCE South 89 degrees 32 minutes 53 seconds East along the exlstlng southern rlght of way line of Sherman Street for a distance of 1.84 feet to the northeast corner of said Abernathy tract of land, and in the existing western right of way line of Locust Street; (3) THENCE South O0 degrees 33 minutes 22 seconds West along the ex/sting western right of way line of Locust Street for a dlstance of 315.45 feet to the southeast corner of Abernathy tract of land, and the northeast corner of said Hawklns tract of land, (4) THENCE North 89 degrees 14 mlnutes 33 seconds West along the common property 11~ of sa~d Abernathy tract of land and sald Hawkins tract of land for a distance of 5 29 feet to the POINT OF BEGINNING, and containing an area of 1,126 square feet or 0 0258 acres of land, more or less 18 of tho County of , S~_~_ of Texas, he~em~er ~fen~d to as Orantots, whe~er one or mom, for and tn cons~teration of th~ sum of ............ Dollars ($ ) to Grantors in~y th~. State. o.f T .e?s, .~ _~u~ Tea= Transportanon Comnmswn, ~dged, .and_ for ~_hich n0 ~ ~ ret;Jned, e~.her expressed or tmpli~cl, ~a ce do Ora aarsain, Sta o .r an lub= "A," Wlu'ch ts a~ach~ hereto ami incorpo,-a~d heroin i& any and all purposes. ~AVE and EXCEPT, HOWEVER~ it is rapreasly unde~wod and agreed tha~ Orantox~ are m~ammg title to the following improvermmm locazed on ~he pwpeny cl~cn3~ecl in said Exhzbk 'A,' to wi~ Gramom covenam and asrm~ m r'=move ~he above-de, r/bed ~ml2wvernen~ from said land by fl~. ~y.of_ I .... ,19 , .subject, bower?.: ~o such expense. OhS of tune ~ .may .I~. grained me 5ta~e, m wining; and i~, for any reaaon, . .(~amo. rs fail or. ~.Xvse m remove same within said penod of tune prescribed, then, wv. hou~ any fi~.er consideralt~m, the t/fie to all or any pan of such unprovemen~s not so removed shall pass ~o and ves~ m fl~e Stye of Texas forever. Gramo~ re.s .e.l-ve all of the o,'1, gas and sulphur m and ~nder ~he land hereto conveyed but waive .~. dgh~ of mgr~ss and egress ~o the muface thereof for dm Irawose of exploring, developing, wm,,~g or drill,ng for same, h.owe,~', nothing in this mseivalion shall a..~ect }he title md rights ofth~ State to take and use all other minerals and materials lhemon, time. in and gm, mmder. 19 ACKNOWLEDGMENT THE STATE OF TEXAS, I ' COUN'FY OF ' BEFORE 'M~, ~h~ und~m/gn~d, a Notary Public, on this day p~sonally appeared to me on il~ oagl of , known to me (or proved name(s) Is[ , a c~edtble mine,ss,) to be tile pe~on(s) whose 0L~) subscribed to Ih~ foregoing tnslmmmt ami acimowledged to me lha~ he/she/they executed the ~ame for GIVEN' OND]~ MY' HA.ND AND SIL~L OF O~,~CH, this da), of ,19 Nomy Public, St~e o~ Toxu CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, COUN'I~ OF ~ I BEFORE I~ ~ unde~/gned, I Nota~publtc, oa this day p~r~om/ly appea~d of ~ Icl3ow~l to me to b~ the person and offi~ whose name is subscribed to If~ forgoing mmument and acknowledged to me lhat the same was the act Iof the said , · co~pora~on, that he/she was GIVID¢ IUNDHR MY HAND AND SEAL 0~ OI~CIL ~ day of ,19_~__ My COmmf~ exphu ~,o the day of' ,19_._. Bo~m &fret recording pie*se retnrn rids b~t~zme~t to: AGENDA INFORMATION SHEET AGENDA DATE: August IS, 2000 DEPARTMENT: Enpn~dng & Transpo~afion C~C~ACM: Dave ~ 349~314 ~ SU~CT Cons]d~ ,~p~on of ~ or~ ~cl~g a pubhc n~ess]W exists ~d ~dmg ~t pubhc welf~e ~d conv~ re~es ~e ~g ~d acq~ of ~ ap~ox]mate 0 189 p~t pubhc u~h~ e~m~t ~d ~ a~ox~ate 0 259 a~e tempor~ cons~on eu~t~bo~ locat~ m ~e B B B. & C R,R CO S~ey, Abs~a~ No 196 ~d m ~c J W W]~ S~ey, Abs~act No 1343, Denton Co~, Texu, Auguring ~e C]~ ~ag~ or Des]~ee,to m~e ~ off~ to p~c~e ~e ~o~ for its f~ m~ket v~ ~d ~f ~ch off~ is re~ au~g ~e C]~ A~omey to ~m~ ~e necess~ ~oc~gs m ~nde~on m ord~ to ~e ~e prop~ ne~ss~ for ~e pubhc p~ose of cons~ctmg u~h~es ~ong F M Hi.way ~1830, ~d ~l~g ~ effe~ve BACKGRO~ We have ~ m &~o~e ~ ~e B~ch f~]ly ov~ ~e lut scv~ ye~s conce~g v~om ISSUES re~g ~e~ ~op~, s]~t~ m ~e sou~west q~t ~e B~ch f~ly ~ve ~ways o~t~ ~lves to m~ ~e~ pos]~on of l~do~ ~d fo~ on ~e~ o~ best mt~ests wh~ It comes to pubhc ~es ~ 1980, ~e CzW of D~ton w~ compelled to ~n~ ~ e~t for a ~ sew~ line ~t ~s ~ong ~e Hzcko~ Creek mbu~ We ~ve rec~tly ~lt ~o of ~e 6~ ~ ~ek ~ossmgs on ~e~ ~o~ ~d ~e B~ch f~dy h~ w~k~ ~a~vely ~ ~e C]~ of D~ton to ~ ~ ~ven ~at o~ ~le me~s of leg~ access to ~e sew~ line IS resmc~ to ~e 20' c~dor aw~ded by ~e co~ Most rec~fly we had b~n m nego~a~ons ~ ~e B~ch f~ly to p~chue a l~ge pomon of ~e~ pro~, a~o~tely 400 a~es co~]s~g m~y of floodplmn ~e pl~s to move fo~d ~ a p~chue w~e not ~cd mt~ly ~d ~efore a de~ wu ~bled m ~e F~I ofl~t ye~ It wu hop~ ~t ~e C]~ wo~d ~ ~le ~o ~ap up ~1 of o~ l~d isles ~ ~e B~ch f~dy ~ ~e prop~ p~c~e, ~ch u ne~ ~ e~men~ ~d a put.rial elecmc ~bs~on site ~1 ~at being ~d ~e ~ve be~ m~y mt~ons ~ ~e prop~ o~s ov~ ~e ~v~ d~es r~g ~om annexa~on, &s~exa~on, pow~ ~s~ss]on line ms~llat]ons, ~ea developm~ ~c We ~e s~ll m pos]~ve &~o~e ~ ~c B~ch f~dy reg~g ~11~1 ~tmg of euem~ts howev~ we des~e to move fo~d ~ ~e necess~ pro~s~ elec~c pow~ ~d con. cation line ~la~ shoed o~ negot]a~on effo~s fml ~CO~ATION S~ ~do~s ~e a~rov~ of coniston pr~ee~gs P~OR ACTION~W (Counc~ Boards, Commi~ions) Not apphcable FISCAL ~[NFORMATION Pending results of a formal independent apprmsal m process, due m m~d August, staff estimates the follovan§. Permaneng Pubhc Utility Easement 0 189 acre or 8,233 square feet mult~phed by 60 cents ($26,136 per acre) = $4,939 80 full value, then $4,939 80 full value mult~phed by 60% value factor (W9 are only acqun'mg an easement, not fee t~tle) -- $2,963 88 Temporary Constr~ctlon Easement. 0 259 acre or 11,282 square feet mnlt~phed by 60 cents ($26,136 por acre) = $6,769 20 full value, then $6,769 20 full value mult~phed by 20% value factor (fo~ a temporary use of 2 years) -- $1,353 84 Sunurmry~Esmnate $2,963 88 + $1,353.84 + $6,000 (approxnnate court fees) = $10,317 72 Note Award for value ~s at the chscret~on of the appomted special comrmss~oners Attached Respectfully submitted ared by ~/] A, ,~. Engineering & Transportation Demse ~ erez Techmcal Asmstant '" I RYAN ROAD BURCH PROPERTY CiTY OF DENTON S u t'¥ e)ro r s & DENTON COUNTY, TEXAS J~ 11 g J I1 e e r s of orth 1"=50' Texas, Inc. DRAWN M~D ,., ^~.o^ cou.. .o..E. ,~ CHECKED WMC www ;;.tco.. co~ S \Our Docume~nts\Ordmances\00~Burch_Condemnanon_Ordmance_FM1830_l doc ORDINANCE NO AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 189 ACRE PERMANENT PUBLIC UTILITY EASEMENT AND AN APPROXIMATE 0 259 ACRE TEMPORARY CONSTRUCTION EASEMENT BOTH LOCATED IN THE B B B & C R R CO SURVEY, ABSTRACT NO 196 AND IN THE J W WITHERS SURVEY, ABSTRACT NO 1343, DENTON COUNTY TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHOP.~ZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING UTILITIES ALONG F M HIGHWAY 1830, AND DECLARING AN EFFECTIVE DATE WHEREAS, it is hereby determined that a pubhc necessity exists and that public welfare and convemence hereby require the acqmsmon of the real property interests as hereinafter described for the F M Hxghway 1830 Electric Project, and WHEREAS, the heremai~er described property is beheved to be owned by Marwn (M C ) Burch, Puchard L Burch and Nelda Grace Burch Hackett (the "Owner"), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That public necessity exists and public welfare and convenience require the acqmsmon of the following a a permanent public uUhty easement m the name of the City of Denton, Texas m, over and across that eertmn tract or parcel of land containing approximately 0 189 acre as more particularly described m Exhibit "A" and illustrated in Exhibit "B", attached hereto and made a part hereof by reference, to construct, reconstruct, install, repair and perpetually ma~ntam public utility facilities (the "Permanent Public Utility Easement") b a temporary construction easement in the name of the City of Denton, Texas in, over and across that certmn tract or parcel of land containing approximately 0 259 acre as more particularly described in Exhxblt "C" and illustrated in Exhibit "B", attached hereto and m~de a part hereof by reference, to provide access and construcuon staging for the ~nstallatlon of electric power and communication lines (the "Temporary Construction Easement") The Temporary Construction Easement shall expire two years after the C~ty of Denton takes possession of the Permanent Pubhc Utility Easement The Permanent Pubhc Utility Easement and the Temporary Construction Easement are hereinafter collectively called the "Property" SECTION 2 The Caty Manager or has desagnee ~s hereby authorized and d~rected to make an offer for the Property to the owner of the Property, based on just compensatmn recommended by an independent apprmsal prepared at the C~ty Manager's d~rect~on SECTION 3 That in the event the offer as described m Sectmn 2 ~s refused by the Owner of the Property, the Caty Attorney or has designee ~s hereby authorized and d~rected to file the necessary condemnation proceedings or suit and take whatever action that may be necessary against the Owner and any other partnes having an ~nterest m the Property to acquire a pubhc utility easement m the name of the Caty of Denton, Texas in the Permanent Pubhc Ut~hty Easement property and to acqmre a temporary construction easement ~n the name of the Caty of Denton, T~xas in the Temporary Construction Easement property The cost and expense of such acqmsat~ons shall be prod by the City of Denton SECTION 4 If at should be subsequently determined that add~tlonal part,es other than those named hereto have an anterest m the Property, then an that event, the C~ty Attorney or Ins designee is authorized and directed to join smd partaes as Defendants an smd condemnataon SECTION 5 Tins ordinance shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED this the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY Surveyors & Engineers of North Texas GREG EDWARDS P E W~LLIAM COLEMAN R P L S 1621 Amanda Court Ponder Texas 76259 Ph (940) 482 2906 FAX (940) 482 2911 Toll free (877) 481 SENT www sentcorp corn EXHIBIT A 20 Foot Utility Easement FIELD NOTES to all that certain tract of land situated m the B B B & R R Co Survey Abstract Number 196 and the J Withers Survey Abstract Number 1343, Denton County, Texas and being a part of the called 255 acre First Tract described m the deed from Don B McKlurkan et al to V D Butch recorded m Volume 239, Page 191 of the Deed Records of Denton County, Texas, the subject tract being more partlcularl, y described as follows BEGINNING for the Northeast comer of the tract being described harem at a V~ inch ~ron rod found on the North line of the sa~d 255 acre tract at ~ts intersection with the West right-of-way ofF M Highway 1830 and the Southeast comer of the called 37 87 acre tract described m the deed from Bobble M Snums to Conme M Altemus recorded m Volume 901, Page 774 of the sa~d Deed Records, THENCE South 00 Degrees 48 Minutes 47 Seconds East with the West right-of-way off M Highway 1830 a distance of 427 1 feet to a fence comer post on the Northeast right-of-way of G C &S F Railroad as occupied, THENCE North 35 Degrees 22 Minutes 08 Seconds West with the occupied Northeast right-of-way of the G C &S F Railroad a d~stance of 35 3 feet to the Southwest comer of the here~n described easement, THENCE North 00 Degrees 48 Minutes 47 Seconds West across the 255 acre tract 20 feet West of and parallel w~th the West right-of-way ofF M H~ghway 1830 a d~stance of 398 3 feet to the North hne of the 255 acre tract and the South line of the sa~d 37 87 acre tract fi.om whmh a ~A tach square iron rod found at the Southwest comer thereof bears North 89 Degrees 57 Minutes 51 Seconds West a distance of 277 2 feet, THENCE South 89 Degrees 57 Minutes 51 Seconds East along a w~re fence with the North line of the 255 acre tract and the South line of the 37 87 acre tract a dls¥~nce of 20 0 feet to the PLACE OF BEGINNING and enclosing 0 189 of an acre of land EXHIBIT "B' · ~5 "S8~.'§7'51"] ,o, --x x " 2472' ' ' ~C [ RYAN ROAD i I EXHIBIT "~' CIW O~ DENTON DENTON COUNt, T~S DRAWN ~GD CHECKED WMC www Surveyors & Engineers of North Texas GREG EDWARDS P E WILLIAM COLEMAN R P L S 1621 Amanda Court Ponder Texas 76259 Ph (940) 482 2906 FAX (940) 482 2911 Toll free (877) 481 SENT WWW sentcorp corn EXHIBIT C 30 Foot Temporary Construction Easement FIELD NOTES to all that certain tract of land sttuated m the B B B & R R Co Survey Abstract Number 196 and the J W~thers Survey Abstract Number 1343, Denton County, Texas and being a part of the called 255 acre First Tract described m the deed from Don B McKlurkan et al to V D Butch recorded m Volume 239, Page 191 of the Deed Records of Danton County, Texas, the subject tract being more pamcularly described as follows BEGINNING for the Northeast corner of the tract being described here~n on the North line of the smd 255 acre tract, North 89 Degrees 57 Minutes 51 Seconds West a d~stance of 20 0 feet from the West r~ght-of-way of F M Htghway 1830 and the Southeast comer of the called 37 87 acre tract described m the deed from Bobble M Sue, ms to Conrac M Altemus recorded m Volume 901, Page 774 of the smd Deed Records, THENCE South 00 Degrees 48 Minutes 47 Seconds East across the 255 acre tract 20 feet West of and parallel w~th the West right-of-way off M H~ghway 1830 a d~stance of 398 3 feet to the Northeast right-of-way ofG C &S F Railroad as occupied, THENCE North 35 Degrees 22 Minutes 08 Seconds West wtth the occupied Northeast right of-way of the G C &S F Railroad a distance of 52 9 feet to the Southwest comer of the here~n described easement, THENCE North 00 Degrees 48 Minutes 47 Seconds West across the 255 acre tract 50 feet West of and parallel w~th the West r~ght-0f-way off M Highway 1830 a distance of 355 2 feet to the North hne of the 255 acre tract and the South hne of the smd 37 87 acre tract from which a ~A tach square ~ron rod found at the Southwest comer thereof bears Noah 89 Degrees 57 Minutes 51 Seconds West a d~stance of 247 2 feet, THENCE South 89 Degrees 57 M~nutas 51 Seconds East along a w~re fence w~th the North hne of the 255 acre tract and the South hdc of the 37 87 acre tract a d~stance of 30 0 feet to the PLACE OF BEGINNING and enclosing 0 259 of an acre of land AgendaNo ,,, ~:¢~.0'~ ?- - Agenda Item_ _,,~,ffjr _ , ..... AGENDA INFORMATION' SHEET Date_ ~,//,ff',/g2~2 ~ AGENDA,DATE: August 15, 2000 DEPARTMENT' Engineering & Transportation CM/DCM/ACM: Dave i~lill, 349-8314 ~ SUBJECT. Cons]der adoptmn of an ordinance declaring a pubhc necesmty exists and finchng that pubhc welfare and convemence reqmres the talong and acclmrmg of an approxnnate 1 599 acre p~imanent pubhc utthty easement and an apprnx]mate 2 328 acre temporary constructinn easement both located m the W Roark Survey, Abstract No 1087 and m the J Severe Survey, Abstract No 1184, Denton County, Texas, Authorizing the City Manager or hts Designee to make an offer to purchase the property for its fatr market value and if such offer is refused, authorizing the C~ty Attorney to institute the necessary proceedings m condemnataon m order to acqmre the property necessary for the pubhc purpose of constructtng ut~htms along U S Highway 377, and declaring an effective date BACKGROUND We have been m dmlogue voth the Burch fanuly over the last several years concermng various issues regarding thetr property, mtuated m the southwest quadrant The Burch farmly have always oriented themselves to max~m~Te their pos~t~on of landowner and focus on their own best interests when it comes to pubhc uses In 1980, the City of Denton was compelled to condemn an easement for a samtary sewer line that runs along the H~ckory Creek tributary We have recently rebmlt two of the ~mtary sewer creek crossings on their property and the Burch farmly has worked cooperatively w~th the City of Denton to that end, Ipven that our sole means of legal access to the sewer line is restricted to the 20' corndor awarded by the court Most recently we had been] m negottatmns voth the Butch farmly to purchase a large port~on of thetr property, approximately 400 acres conmstmg mainly of floodplain The plans to move forward w~th a purchase were not supported internally and therefore a deal was tabled m the Fall of last year It was hoped that the C~ty would be able to wrap up all of our land issues w~th the Burch famdy w~th the property purchase, such as near term easements and a potential electric substation rote All that being smd there have been many mteracuons voth the property owners over the last several decades ranging from annexation, chsannexatlon, power transnuss]on line mstallatmns, area development, etc We are ~11 in pomt]ve chalogue w~th the Burch farmly regarding the wlllfull granting of easements but the urgency of the water line project at hand compels us to positron ourselves to move forward w~th the mstallatinn of the proposed water line should our negotmtaon efforts fad RECOMMENDATION Staff endorses the approval of condemnatmn proceedings PRIOR ACTION/REVIEW (Coun¢il~ Boards, Commi*~lons) Not applicable FISCAL INFORMATION Pending results of a formal independent apprmsal tn process, due m m~d August, staff estnnates the following Permanent Pubhc Utah ,ty Easement 1 599 acre or 69,652 square feet mult~phed by 12 cents ($5,227 20 per acre m flood plato) = $8,358 29 full value, then $8,358 29 full value mulUphed by 60% value factor (We are only acquiring an easement, not fee t~tle) = $5,015 Temporary Constru~on Easement 2 328 acre or 101,408 square feet mult~phed by 12 cents ($5,227 20 per acre m flood plato) = $12,168 92 full value, then $12,168 92 full value multlphed by 20% value factor (for a temporary use of 2 years) = $2,434 Summary Estnnate $5,015 + $2,434 + $6,000 (approximate court fees) = $13,449 Note Award for value is at the d~scret~on of the appointed special comnusslouers Attached Respectfully subm~ttefl J~larl~rec~or T~¢hmc~l A~tant II / ....... I :' / I1~/// ~-/ ~ City of Denton BURGH ~ ~ee~g ~ ~o~t~t~o~ ~t~e~t PROPERW PO ~ \ 2 5~'8 Acres \ 20' Ufllll'/ Easement I 599 Acres 192 5 Acres -'AK LINE u s ~#~' BREAK LINE !0' Uflllly / Easement / 1 599 Acres ' EXHIBIT / for 20' Utility Easement V D B u r c h V D Burch Tract i~,.iL~ to Acres W ROARK SURVEY, ABSTRACT NO 1087 ABSTRACT NO 1164 ~ CITY OF DENTON .~.~ .~ J SEVERE SURVEY, DENTON COUNTY, TEXAS · .O. Acr. C & A~[Consultonts, Inc ~ OEAWNOY A Sold DAlE 07/19/00 SCALE t"=200' gO~ .o99165 S \Our Documonts\Ordmances\00~Burch_Condemnat~on_Ord~nancel doc ORDINANCE NO AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 1 599 ACRE PERMANENT PUBLIC UTILITY EASEMENT AND AN APPI{OXIMATE 2 328 ACRE TEMPORARY CONSTRUCTION EASEMENT BOTH LOCATED IN THE W ROARK SURVEY, ABSTRACT NO 1087 AND IN THE J SEVERE SURVEY, ABSTRACT NO 1184, DENTON COUNTY TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS !FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC pURPOSE OF CONSTRUCTING UTILITIES ALONG U S HIGHWAY 377, AND DECLARING AN EFFECTIVE DATE WHEREAS, it xs hereby determined that a pubhc necessity exists and that public welfare and convenience hereby reqmre the acquisition of the real property interests as hereinafter described for the U S Highway 377 Water Mmn Project, and WHEREAS, the hereinafter described property as believed to be owned by Marvin (M C ) Burch, Raehard L Butch and Nelda Grace Burch Hackett (the "Owner"), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That pubhc necessity exists and pubhc welfare and convenience require the acquisition of the followxng a a permanent public utlhty easement in the name of the City of Denton, Texas ~n, over and across that certam tract or parcel of land containing approximately 1 599 acres as more particularly described m Exhibit "A" and illustrated in Exhibit "B", attached hereto and made a part hereof by reference, to construct, reconstruct, ~nstall, repmr and perpetually mmntaln pubhc utthty facilities (the "Permanent Pubhc Utthty Easement") b a temporary construction easement an the name of the C~ty of Denton, Texas in, over and across that certain tract or parcel of land contmmng approximately 2 328 acres as more particularly described an Exhib,t "C" and tllustrated an Exhibit "B", attached hereto and made a part hereof by reference, to provide access and construction stagang for the installation of one water plpehne (the "Temporary Construction Easement") The Temporary Construction Easement shall expxre two years after the C~ty of Denton takes possession of the Permanent Public Utlhty Easement The Permanent Public Utility Easement and the Temporary Constructxon Easement are hereinafter collectively called the "Property" SECTION 2 The City Manager or his designee is hereby authorized and directed to make an offer for the Property to the owner of the Property, based on just compensation recommended by an independent appratsal prepared at the City Manager's direction SECTION 3 That in the event the offer as described tn Section 2 is refused by the Owner of the Property, the City Attorney or his designee is hereby authorized and directed to file the necessary condemnation proceedings or suit and take whatever action that may be necessary against the Owner and any other parties having an interest in the Property to acquire a public utility easement m the name of the City of Denton, Texas in the Permanent Public Utlhty Easement property and to acqmre a temporary construction easement ,n the name of the City of Denton, Texas in the Temporary Construction Easement property The cost and expense of such acqmsltlOnS shall be prod by the C~ty of Denton SECTION 4 If it should be subsequently determined that additional part~es other than those named hereto have an interest m the Property, then in that event, the City Attorney or hm designee is authorized and d~rected to join said part~es as Defendants in smd condemnation SECTION 5 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED tlus the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY EXHIBIT A FIELD NOFES 20' PERMANENT PUBLIC UTILIT"t EASEMENT I 599 ACRES V D BURCH Being all that certain lot tract or parcel ofland s~tualed m thc W Romk Sm,.c', Absu ~ct Number 1087 and the James Severe Survey, Abstract Number 1164 C~ty of Denton Demou County Texas, being part of two tracts of laud described m deeds to V D Brach a called 192 ~ acrF tract recorded m Volume 288, Page 137 and a called 10 acre tract recorded in Volume 2.19 Pal~e 191 of ibc Deed Records of Denton County, Texas and being more pamcularly described as follows BEGINNING at a point on the easterly hne of smd 192 5 acre Burch t~act being on the southeasterly right-of-way hne ofU S H~ghway 377 according to Right of \~ ax Deed iccoltlt, d m Volume 287, Page 613 and Volnme 287 Page 616 ofthe Deed Records of Denton CotllllX Texas, and being on the southerly hne of that certain called 21 472 acre tract el land described in deed to the Cfly of Denton recorded m Clerk s Fde Number 97 055783 of the Re ii Prop~-~lx Records of Deaton County, Texas, sad point being m a creek THENCE S 15"46'59" E, 22 99 feet, along the east hne ofsa~d Butch tract and fl~c. southcrlx hm. ofsald C~ty of Denton tract to a point that ~s 20 feet from at right angles to thc sot~lhcasterlx right-of-way hneofU S Highway 377, THENCE S 44o39'03'' W 705 08 feet, parallel w~lh and 20 feet from at right angles lo the southeasterly right-of-way hne of said U S H~gbway 377, to a point, THENCE S 44002'24'' W, 2268 69 feet, parallel w~th and 20 feet from at right augles to the southeasterly right-of-way hne ofU S Highway 377, to a point being at Ihe point of cur~amrc ora curve to the left THENCE Southwesterly, parallel with arid 20 feet from at right angles to the southcastc[Ix l lbhl of. way line ofU S Highway 377, wllh Ihe arc ofsmd curve bax mga radms of 't699 ~8 Ic~.l i central angle of 00°41'17", whose chord bears S 43°41'45' W 44 43 feet an arc Icnglh el 44 4x feet to a point, THENCE S 36°53'39'' W 100 04 feet, para}Icl with and 20 feet from at right angles to the southeasterly right-of wau hne of U S H~ghway 377, to a petal THENCE S 39°56'33" W, 32 25 feet, parallel with and 20 feel from al right eagles to thc southeasterly right-of-way line ofU S H~ghway 377, to a point, THENCE S 50°03'27" E, 8 60 feet to a point, THENCE S 39056'33'' W 89 00 feet parallel with and 28 6 feet from at right anglcs to thc southeasterly right-of-way line ofU S Highway 377, to a point THENCE N 50003'27'' W, 8 60 feet to a point Ihat ~s parallel w~th and 20 feel from it r~ght arlgles to the southeasterly right-of-way hne of U S Highway 377 THENCE S 39o56'33" W 119 14 feet, parallel with and 20 feet from at right angles to thc southeasterly right of-way hne ofU S H~gbway 377, to a point, THENCE S 4't°54'43'' W 69 07 feet parallel w~tb and 20 feet from at rlghl angles Io thc southeasterly right of-way hneofU S Highway 377, to apomt on the south hnc ofsq~d \ D Bumh I0 acre tract and tire north line of that certain called 5 014 acre tracl of land described m deed to John Alan Iefferms and Lan Bul leffenes recorded m Volume 422(I Page 1.17.1 of thc Real Property Records of Denton County, Texas, THENCE S 89020'59'' W, 28 07 feet, along tire south hne of said Butch tracl and Ihe north linc EXHIBIT A conhnued of said JeffeHes tract to a V2"cappcd rcbar set on thc southeasterly right of '.',ay hnc ofU $ H~ghway 377 THENCE N 43 °54'43" E, 88 07 feet, along the southeaslerly right of x,. ay hne of U S [Itghx',,tx 377 to a concrete right-of-way monument THENCE N 39056'33'' E, 239 16 feel, along the southeasterly r~ght of v, ay hnc H~ghway 377, to a point, THENCE N 39 °53'39" E, 100 63 feet along the southeasterly right of x,. ay hue of U S Highway 377 to a pOlllt belug at tile pon~t ofcurvature ora cm~.c to the right THENCE Northeasterly along tile southeasterly ilghl o1' way hne of U S Ihgh'.'. the arc orsa~d curve bawng a radms of 3719 58 feet a central angle of 00 42 20 ','. hose chord bears N 43°41'14" E, 45 80 feet. an arc length of 45 80 feet to a point THENCE N 44o02'24'' E 2268 00 feet, along the southeasterly right of ~a) hne or U S H~ghway 377, to a point, I HENCE N 44 "19'01" L 717 34 Icct, ,dong thc southcaslcH;, ~ght oF Highway 377, to the POINT OF BEGINNING and conlammg apploxunatel~ I 5,99 ~c~cs ol I lilt] \ Temporary Collslrucflon £asemenf %% 2 ,:T26 Acres \ 20' Utility Easement I 599 Acres V D Burch Vol 288 Pg 137 192 5 Acres BREAK LINE u BREAK LINE 0' UtilJ~ 1 599 Acres ~ X H I BI T B / for 20' Utd~ty Eosement v ~ eurc. VD Burch Tract Vol 2~9, P9 191 In the ~M~ 10 kcre~ W ROARK SURVEY, ABSTRACT NO 1087 ~q J SEVERE SURVEY, ABSTRACT NO 1164 ~~ CI~ OF DENTON DENTON COUNTY, TEXAS · o,,,.,. G & A Consultants, Inc Phone (972} 517-9680 " Fex [972) 5~7-9681 EXHIBIT C FIELD NOTES 30' TEMPORARY CONSTRUCTION EASEMENT 2 327 ACRES V D BURCH Being fall that certmn lot, tract or parcel of land s~mated m the W Roark Survey, Abstract Number 1087 and the James Severe Survey, Abstract Number 1164, C~ty of Denton, Denton County, Texas, being part of two tracts of land deserlbed m deeds to V D Burch, a called 192 5 acre tract recorded m Volume 288, Page 137 and a called 10 acre tract recorded m Volume 239, Page 191 of the Deed Records of Denton County, Texas, and being more particularly described as follows BEGINNING at a point on the easterly line of smd Burch 192 5 acre tract and the southerly line of that certain called 21 472 acre tract of land described m deed to the C~ty of Denton recorded m Clerk's File Number 97-055783 of the Real Property Records of Denton County, Texas, from winch point the northerly comer of smd Burch tract bears N 15°46159'' W, 22 99 feet, smd point being 20 feet fi.om at right angles to the southeasterly nght-0f-way line ofU S Htghway 377 and being m a creek, THENCE S 15046'59" E, 34 49 feet, along the easterly line of smd Butch tract and the south0rly lme of smd City of Denton tract, to a point that is 50 feet fi.om at right angles to the southeasterly rlght-ofoway line ofU S H~ghway 377, THENCE S 44039'03" W, 687 91 feet, parallel vath and 50 feet from at right angles to the southeasterly right-of-way line ofU S I~ghway 377, to a point, THENCE S 44002'24'' W, 2268 53 feet, parallel vath and 50 feet fi.om at right angles to the southeasterly right-of-way line ofU S H~ghway 377, to a pomt, being at the point of curvature of a curve to the leiS, THENCE Southwesterly, parallel w~th and 50 feet fi'om at right angles to the southeasterly right-of-way line of smd U S H~ghway 377, w~th the arc of smd curve havm~ a ra~hus of 3669 58 feet, a central angle of 00°39'42'', whose chord bears S 430421'32'' W, 42 38 feet, an arc length of 42 38 feet to a point, THENCE S 36053'39" W, 99 14 feet, parallel vath and 50 feet from at right angles to the southeasterly right-of-way line ofU S I~ghway 377, to a point, THENCE S 39°56'33" W, 242 23 feet, parallel w~th and 50 feet from at right angles to the southeasterly right-of-way line ofU S H~ghway 377, to a point, THENCE S 43o54'43" W, 40 56 feet, parallel with and 50 feet from at right angles to the southeasterly right*of-way line ofU S H~ghway 377, to a point on the south line of smd Butch 10 acre tract and the north line of that certain called 5 014 acre tract described m EXHIBIT C continued deed to John Alan Jeffenas and Lan Bm Jeffenes recorded tn Volume 4220, Page 1373 of the Real Property Records of Denton County, Texas, THENCE S 89°20'59'' W, 42 11 feet, along the south line of smd Burch 10 acre tract and the north line of smd Jeffenes tract, to a point that ~s 20 feet from at right angles to the southeasterly right-of-way hne of smd U S H~ghway 377, THENCE N 43o54'43" E, 69 07 feet, parallel vath and 20 feet fi:om at right angles to smd U S Highway 377, to a point, THENCE N 39o56'33" E, 119 14 feet parallel w~th and 20 feet from at right angles to sa~d U S H~ghway 377, to a point, THENCE S 50003'27" E, 8 50 feet, to a point that ~s 28 5 feet from at right angles to the southeasterly right-of-way hne of smd U S H~ghway 377, THENCE N 39056'33" E, 89 00 feet, parallel with and 28 5 feet from at right anglas to smd U S I-hghway 377, to a Ix)mt, THENCE N 50003'27'' W, 8 50 feet, to apomt that ~s 20 feet from at right angles to the southeasterly right-of-way line of smd U S I-hghway 377, THENCE N 39056'33" E, 32 25 feet, parallel w~th and 20 feet from at right angles to smd U S I-hghway 377, to a point, THENCE N 36053'39" E, 100 04 feet, parallel voth and 20 feet from at right angles to smd U S H~ghway 377, to a point, being at the point of curvature of a curve to the right, THENCE Northeasterly, parallel wtth and 20 feet from at right angles to smd U S H~ghway 377, w~th the arc of smd curve having a radms of 3699 58 feet, a central angle of 00041, 17", whose chord bears N 43°41'45" E, 44 43 feet, an arc length of 44 43 feet to a point, THENCE N 44°02'24" E, 2268 69 feet, parallel voth and 20 feet from at right angles to smd U S I-hghway 377, to a point, THENCE N 44039'03" E, 705 08 feet, parallel voth and 20 feet from at right angles to smd U S H~ghway 377, to the POINT OF BEGINNING and containing approximately 2 327 acres of land ~genna I~o ~ ~genda Item . ~.,E, Oate_----~,~.~ AGENDA INFORMATION SHEET AGENDA DATE August 15, 2000 DEPARTMENT Electric Utility ACM. Howard Martin, 349-8232'~"~ SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SIGCORP COMMUNICATIONS SERVICES, INC FOR CONSULTING SERVICES PERTAINING TO THE PREPARATION OF AN INDEPENDENT FEASIBILITY EVALUATION RESPECTING TELECOMMUNICATIONS, DARK FIBER, AND BANDWIDTH ISSUES FOR DENTON MUNICiPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE BACKGROUND. As a result of the legislative change made in the 1999 session of the Texas Legislature, Denton Mumexpal Electric has the opportumty to max~mlze ~ts ~nvestment m its fiber system through lease of ~ts excess fiber optic capacity It ~s our behef that a detailed business plan should be developed for the fiber system to assure that we make the best possible use of th~s opportumty DME requested proposals from various consulting firms that deal with telecommumcattons and fiber optic business plans Two proposals have been received, SIGCORP, Inc of Evansville, Indiana and City F~ber, LLC hstmg a city of Denton address The selection process was based on a thorough evaluation of several areas of the submitted proposals These areas m¢luded 1 Scope of work (market research, engmeenng, & modeling) 2 Corporate profile 3 References 4 Past projects 5 Orgamzat~on structure 6 Presentatton 7 Budget SIGCORP's presentation rated lughly on each of these evaluataon areas and prowded a corporate profile, financial mformat~on for SIGCORP and ~ts parent company Vectren Corporataon, as well as a very detailed hstmg of references, project types and servaces As an added feature, SIGCORP also proposes a survey, which mcludes focus groups, wtuch would provide the City Council wath msxght rote how our cmzens feel about the level of service they are reeelvmg from all local commumcattons related proxaders 1 CITY FIBER'S proposal was lacking in areas reqmred for accurate evaluation The areas were as follows 1 No hsted references We were unable to verify past performance or customer satisfaction 2 No hstmg of any past projects We were unable to respect work OPTIONS: I Proceed w~th the project 2 Do not approve the contract RECOMMENDATIONS Staffrecommends authonzaUon to proceed w~th the project ESTIMATED SCHEDULE OF PROJECT Beg~n upon approval of contract by C~ty Counml w~th a four to s~x week completion schedule PRIOR ACTIONfREVIEW (Couneil~ Boards~ Comm~ssmn)' Public Utilities Board unammously approved July 17, 2000 FISCAL INFORMATION' SIGCORP's proposed project budget to prepare the bus~ness plan ~s $44,137 plus ancillary expenses BID INFORMATION Not Apphcable Respectfully submitted Sharon Mays ~, ~ D~rector of Electric Utility Prepared by Assistant D~rector 2 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SIGCORP COMMUNICATIONS SERVICES, INC FOR CONSULTING SERVICES PERTAINING TO THE PREPARATION OF AN INDEPENDENT FEASIBILITY EVALUATION RESPECTING TELECOMMUNICATIONS, DARK FIBER, AND BANDWIDTH ISSUES FOR DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems it m the public interest to engage SIGCORP Commumcations Sermces, Inc, an Indmna Corporation ("SIGCORP"), to provide professional consulting services to the City perta~mng to the preparation of an independent feasIblhty evaluation respecting telecommumeations, dark fiber, and bandwidth Issues for Denton Mumcipal Elecmc, and WHEREAS, the City staffhas reported to the City Council that there is a substantial need for the above-referenced professional multi-disciphnary independent consulting services, that limited City staff cannot adequately perform the services and tasks with its own personnel, and that City staff further lacks the speeiahzed expertise necessary to complete such an evaluation, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of profesmorlal services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a far and reasonable price, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional consulting services, as set forth in the Professional Semees Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Council approves, and the City Manager is hereby authonzefl to execute a Professional Services Agreement for Consulting Services with SIGCORP Communications Services, Inc, an Indiana Corporation, for professional consulting services pertmmng to the preparation of the independent feaslblhty evaluation referred to in the preamble above, in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference SECTION 2 That the award of tins Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of SIGCORP and the ablhty of SIGCORP to perform the services needed by the City for a fair and reasonable pnee SECTION 3 That the expenchture of funds as provtded in the attached Professtonal Services Agreement as hereby authorized SECTION 4 That tlus ordmance shall become effecttve ~mmedtately upon tts passage and approval PASSED AND APPROVED tlus the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Docunlonta\Ordmances\00\SlOCORP PSA Ord - DME Eval 8 2000 doc STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEIVIENT FOR CONSULTING SERVICES THIS AGREEMENT is made and entered ~nto as of the day of ,2000, by and between the C~ty of Denton, Texas, a Texas Municipal Corporation, w~th ~ts pnnc~pal offices at 215 East McI<anney Street, Denton, Texas 76201 (hereafter "OWNER") and SIGCORP Commumcat~ons Services, Inc, an Inchana Corporation, w~th its offices at 421 John Street, Evansv, lle, Indiana 47713 (hereafter "CONSULTANT"), the pames acting herein, by and through their duly-anthonzed representaUves and officers WlTNESSETH, that m consideration of the covenants and agreements here~n contmned, the part, es hereto do mutually AGREE as follows ARTTCI ,~ T EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an ~ndependent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated m the Amcles to follow, w~th chhgence and ~n accordance w~th the professional standards customarily obtmned for such services ~n the State of Texas The professional services set forth herein are m connection w~th the following described project (the "ProJect") CONSULTANT shall prepare an independent feasibility evaluation unhzlng a multl-dlsmphnary approach, regarchng the poss~bdlty of the OWNER provlchng telecommumcatmns services as perrmtted by apphcable law and the leasing of dark fiber and/or bandwidth, which evaluation shall consist of, among other th~ngs mvest~gauon, local market research, high-level engmeenng estimates, financxal analyses, econonuc modehng, and other related professional services The Project shall culrmnate ~n CONSULTANT prepanng and dehvenng a final report to OWNER w~th recommendaUons, and presenttng the same to the OWNER AR TICT ,~ Il SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services in a professional manner A To perform all those services and tasks as set forth ~n CONSULTANT's proposal booklet (the "Proposal"), which ~s an eighteen (18) page document, with a forty-four (44) page Appendix attached thereto, issued on May 23, 2000 by Holly R Green, Regtonal Manager of CONSULTANT to Ray Wells, Asmstant Director, Denton Municipal Elecmc ("DME"), a copy of wtuch Proposal is attached hereto and incorporated herewith by reference as Attachment "A" Page 1 of 10 B If there xs any conflict between the terms of this Agreement and the Attachment attached to th~s Agreement, the terms and conchtmns of this Agreement shall control over the terms and conchtaons of the Attachment ARTTCT .g. lTl ADDITIONAL SERVICES Any adcht~onal services to be performed by the CONSULTANT, ff authorized by the OWNER, which are not included as Basra Services ~n the Proposal and ~n the above-described Scope of Serwces, set forth ~n Article IL above, shall be later agreed-upon by the parties, who shall deterrmne, m writing, the scope of such adchtlonal services, the amount of compensation for such additional services, and other essential terms pertmnmg to the provision of such adchtmnal servmes by the CONSULTANT to OWNER AR TTC'T .F. IV PERIOD OF SERVICE This Agreement shall become effective upon executmn by the OWNER and the CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remmn in force for the period that may reasonably be reqmred for the completion of the ProJect, lnclurhng Adchtao~)al Serwcas, if any, and any reqmred extensions approved by the OWNER Th~s Agreement may be sooner terrmnated in accordance with the provisions hereof Time is of the essence m this Agreement The parties agree that based upon the scope of the services contmned ~n the Proposal and after consldenng the work to be performed by CONSULTANT, that they reasonably expect that CONSULTANT shall complete the ProJect in approximately four (4) to slx (6) months from and after the date of the issuance of the notice to proceed by OWNER ARTTCT .g. V COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" is defined as any expenses incurred by CONSULTANT in the employment of others m outside firms, for services in the nature of professional engmeenng, or related semces Any subcontract or subconsultant bdhng reasonably incurred by the CONSULTANT in connection with the ProJect shall be invoiced to OWNER at the actual cost 2 "Direct Non-Labor Expense" ~s defined as that expense, based upon actual cost plus ten (10%), for any out-of-pocket expense reasonably incurred by the CONSULTANT in the performance of tins Agreement, and as provided in the Proposed ProJect Budget section of Extublt "A," for long dastance telephone charges, telecopy charges, messenger services, pnnUng and reproduction expenses, out-of-pocket expenses for purchased computer ume, all reasonable travel expenses, and slrmlar incidental expenses incurred m connectaon with the ProJect Page 2 of 10 B Bn I.ING AND PAYMENT For and m conmderat~on of the profesmonal services to be performed by the CONSULTANT here~n, OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the Bamc Services set forth in the Scope of Services as shown in Amcle II above, as follows 1 CONSULTANT shall perform ~ts work on th~s Project on a "lump-sum fee plus addlUonal out-of-pocket dtrect non-labor expenses" barns CONSULTANT shall bill from t~me sheets, and m accordance w~th the prowslons of the "Proposed ProJect Budget" contmned at page 7 of the Proposal OWNER agrees to pay to CONSULTANT for ~ts profesmonal services the lump-sum amount of $44,137 00 ~n fees, plus a further not-to-exceed amount of $4,000 00 for addmonal out-of-pocket chrect non-labor expense as more pamcularly set forth m Note 3 m the Proposed ProJect Budget contmned on page 7 of the Proposal The total amount payable to CONSULTANT respectang tins Agreement shall therefore not exceed $48,137 00 Pat~al payments to the CONSULTANT will be made monthly based on the percent of actual completion of the bamc services, rendered to and approved by the OWNER through ~ts D~rector of Electric Ut~hues or her demgnee However, under no c~rcumstances shall any monthly statement for services exceed the value of the work performed at the Ume a statement m rendered The OWNER may w~thhold the final ten (10%) percent of the above profesmonal fee amount untal satmfactory compleuon of the ProJect by the CONSULTANT Nothing conttaned ~n flus Amcle shall reqmre the OWNER to pay for any work which ~s unsatmfactory as reasonably detenmned by the D~rector of Electric Uttht~es or her demgnee, or which m not subrmtted by CONSULTANT to the OWNER in eomphance with the terms of flus Agreement The OWNER shall not be reqmred to make any payments to the CONSULTANT when the CONSULTANT ~s m default under th~s Agreement It ~s spemflcally understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to th~s Agreement that would requare adchuonal payments by the OWNER for any charge, expense or reimbursement above the lump-sum fees and the maximum not-to-exceed fees as stated herelnabove, w~thout first hawng obtmned the pnor written authonzaUon from the OWNER CONSULTANT shall not proceed to perform any serwces to be later prowded for under Amcle IlI "Adcht~onal Services" w~thout first obtmmng prior written authorization from the OWNER C ADDITIONAL SERVICES For adchuonal services authonzed ~n writing by the OWNER m Amcle III here~nabove, CONSULTANT shall be prod based on a to-be-agreed-upon Schedule of Charges Payments for addmonal services shall be due and payable upon subnusmon by the CONSULTANT, and shall be ~n accordance with Article V B here~nabove Statements for Bamc Services and any adchUonal services shall be subnntted to OWNER no more frequently than twice monthly, on or about the 1st and 16~h days of each month followmg the execuuon of flus Agreement D PAYMENT If the OWNER rials to make payments due the CONSULTANT for services and expenses Page 3 of 10 within forty (40) days after receipt of the CONSULTANT'S un&sputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from and after the smd fo~eth (40th) day, and in addition, thereafter, the CONSULTANT may, after g~vmg ten (10) days written notace to the OWNER, suspend services under this Agreement until the CONSULTANT has been prod in full for all amounts then due and owing, and not chsputed by OWNER, for services, expenses and charges Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably deterrmnes that the CONSULTANT's work is unsatisfactory, in accordance with A~acle V B of this Agreement ARTTC~T ,~. VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT w~ll exercise reasonable care and due diligence in chscovenng and promptly repomng to the OWNER any defects or deficiencies in the work of the CONSULTANT or any of its subcontractors or subconsultants p, RTTf5 ,~ VTT OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to fins Agreement are instruments of service and shall become the property of the OWNER upon the ternunatlon of this Agreement The CONSULTANT is entitled to retmn copies of all such documents The documents prepared and furnished by the CONSULTANT are intended only to be applicable to tlus project and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense In the event the OWNER uses the Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to this agreement, CONSULTANT is released from any and all liability relating to their use in that project The foregoing notwlthstanchng, the following shall remain the sole and exclusive property of CONSULTANT (1) all work product of CONSULTANT'S attorneys and other third pames, (2) all work product protected by the attomey/chent pnvdege, (3) all work product developed or proposed prior to the date of this Agreement, (4) all work product not created exclusively for use in connection with the provision of services under tlus Agreement, and (5) all business models and software, ~f any, developed in connection with the prowslon of services herein INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or clmm any right arising from employee status ARTI(21.1~. IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees from and agmnst any and all liability, clmms, Page 4 of 10 demands, damages, losses and expenses, ~ncluchng but not hrmted to court costs and reasonable attorney's fees recurred by the OWNER, LIMITED HOWEVER, to the extent prowded or allowed by apphcable law, and lncluchng w~thout hrmtatxon, damages for bochly and personal injury, death, or property damage, restfltmg from the negligent acts or onussmns of the CONSULTANT or ~ts officers, shareholders, agents, attorneys and employees ~n the execunon, operation, or performance of th~s Agreement The OWNER shall ~ndemmfy and save and hold harmless the CONSULTANT and as officers, agents, attorneys and employees from and agmnst any and all hablhty, clmms, demands, damages, losses and expenses, ~ncludlng but not hnuted to court costs and reasonable attorney's fees incurred by CONSULTANT, LIMITED HOWEVER, to the extent provided or allowed by applicable law, and ~ncludlng w~thout hrmtatmn, damages for bochly and personal injury, death, or property damage, resultang from the neghgent acts or ormsslons of the OWNER or its officials, officers, agents, attorneys and employees in the execution, operanon, or performance of this Agreement NOthing m this Agreement shall be construed to create a hablhty to any person who ~s not a party to this Agreement and nothing herein shall wmve any of the part~es' defenses, both at law or equity, to any clatm, cause of acnon or hnganon filed by anyone not a party to this Agreement, lncluchng the defense of governmental lmmumty, which defenses are hereby expressly reserved ARTT(2T .F. X INSURANCE Dunng the performance of the Services under this Agreement, CONSULTANT shall mmntmn the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Board or any successor agency, that has a rating w~th A M Best Rate Camers of at least an "A-" or above A Comprehensive General Lmbfl~ty Insurance wah boddy ~njury hmats of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and w~th property damage hn'ats of not less than $100,000 for each occurrence and not less than $100,000 m the aggregate B Automobile Lmb~hty Insurance with bodily injury hnuts of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage hrmts for not less than $100,000 for each acmdent C Worker's Compensation Insurance m accordance w~th statutory requirements and Employer's Lmbfl~ty Insurance with hrmts of not less than $100,000 for each accident D Professmnal Ltabfllty Insurance w~th hrmts of not less than $1,000,000 annual aggregate E CONSULTANT shall furmsh insurance certificates or ~nsurance policies at the OWNER's request to evidence such coverages The insurance pohcies shall name the OWNER as an adchtaonal insured on all such pohmes to the extent legally possthle, and shall contmn a prowsaon that such insurance shall not be cancelled or mochfled without thirty (30) days prior written nonce to OWNER and CONSULTANT In such event, the CONSULTANT shall, Page 5 of 10 pnor to the effective date of the change or cancellataon of coverage, dehver cop~es of any such substitute pohc~es furmsbang at least the same pohcy hn'ats and coverage to OWNER ARTICI ,~ ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parues may agree to settle any chsputes under th~s Agreement by submJmng the d~spute to arbltrat~on or other means of alternate chspute resolution such as mechat~on No arbitration or akemate chspute resolution arising out of or relating to, th~s Agreement mvolwng one party's chsagreement may include the other party to the chsagreement without the other's approval ARTTCL~ TEILMINATION OF AGREEMENT A NOtwithstanding any other prows~on of tins Agreement, e~thcr party may terrmnat¢ th~s Agreement by prowc~ng forty-five (45) days advance written not~ce to the other party B Th~s Agreement may alternatively b~ tenTnnated ,n whole or m par~ m the event of ¢~ther par~y substantml]y f~uhng to fulfill xts obhgat~ons under th~s Agreement No such terrmnaUon w~11 be effected unless the other party ~s g~ven (1) written not~ce (dehvered by certified marl, r~turn receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than th,rty (30) calendar days to cur~ the failure, and (2) an opportumty for consultation with the terrmnatmg party prior to terrmnat~on C If the Agreement ,s tern~nated prior to completion of the services to be prowded hereunder, CONSULTANT shall ~mmed~ately cease all services upon receipt of the written not~c¢ of tern'nnat~on from OWNER, and shall r~nder a final b~ll for services to the OWNER w~thm twenty (20) days after the date of tcrrmnat~on The OWNER shall pay CONSULTANT for all services properly rendered and sat,sf~otonly performed, and for r~mbursable expenses prior to noUce of terrmnation being received by CONSULTANT, m accordance w~th Arucle V, of th~s Agn~ement CONSULTANT shall mm over all documents prepared or furmshcd by CONSULTANT pursuant to this Agreement to the OWNER on or befor~ the date of termination, but may m~ntam oep, cs of such documents for ~ts files D Upon tenmna~on of th~s Agreement, OWNER shall pay CONSULTANT all amounts due and ow, rig hereunder through the effective date of such terrmnat~on, and CONSULTANT shall ~mmcd~at~ly stop ~ts work for OWNER RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a rele~e of the r~sponsib~hty and habxl~ty of the CONSULTANT, ~ts officers, employees, agents, subcontractors, and subconsukants for thc accuracy and competency of ~he~r designs or other work performed pursuant to th~s Agreement, nor shall such approval by the OWNER be deemed as an assumption of such~respons~b~l~y by the OWNER for any defect m the design or other work prepared by the CONSULTANT, ~ts officers, employees, agents, subcontractors, and subconsultants Page 6 of 10 ARTTC~T .~ ~ NOTICES All notices, comrnunlcatmns, and reports required or permitted under this Agreement shall be personally delivered to, or telecopled to, or mmled to the respective parties by deposlUng same in the United States mml at the addresses shown below, postage prepmd, certified mml, return receipt requested, unless otherwise specified herein To CONSULTANT To OWNER SIGCORP Commumcataons Services, Inc City of Denton, Texas Attn John A D1Donuzio Sharon Mays, Director, DME Vice President and General Manager 901-A Texas Street 421 John Street Denton, Texas 76201 Evansville, Imhana 47713 All notices under tbas Agreement shall be effective upon their actual receipt by the party to whom such notme is g~ven, or three (3) days after mmhng of the not~ce, whichever event shall first occur ARTIC~T .F, ~(V ENTIRE AGREEMENT This Agreement consisting of ten (10) pages and one (1) Attachment constitutes the complete and final expressmn of the Agreement of the part~es and ~s ~ntended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promases, representatmns, negotaatmns, d~scuss~ons, commumcat~ons, understanchngs, and agreements wbach may have been made ~n connection w~th the subject matter of this Agreement ARTTC~T ,~ ~ SEVERABIL1TY If any provision of tbas Agreement ~s found or deemed by a court of competent junsdmtaon to be invalid or unenforceable, it shall be considered severable from the remainder of th~s Agreement, and shall not cause the remmnder to be ~nvalld or unenforceable In such event, the parties shall reform th~s Agreement, to the extent reasonably possible, to replace such stricken provision w~th a valid and enforceable provlsmn whmh comes as close as possible to expressing the original ~ntenUons of the pames respecting any such stricken prows~on ARTIC~I F. ~ZVII COMPLIANCE WITH LAWS The CONSULTANT shall comply w~th all federal, state, local laws, rules, regulauons, and or0anances apphcable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended ARTT(2T F. XVlll DISCRIMINATION PROHIBITED Page 7 of 10 In performang the services reqmred hereunder, the CONSULTANT shall not dlscnmanate agmnst any person on the basas of race, color, rehglon, sex, national ongm or ancestry, age, or physical hanchcap ARTI(~I ~ ~ PERSONNEL A CONSULTANT represents that ~t has or will secure at tts own expense all personnel reqmred to perform all the serrates reqmred under thas Agreement Such personnel shall not be employees or officers of, nor have any contractual relataons with the OWNER CONSULTANT shall promptly reform the OWNER of any conflmt of anterest or potential conflact of ~nterest that may anse dunng the term of tl~s Agreement B All servtces reqmred hereunder will be performed by CONSULTANT or under ars chrect supervasaon All personnel engaged m perforrmng the work provided for m this Agreement, shall be qualified, and shall be authorized and permatted under state and local laws to perform such services ARTICT .F. ASSIGNABILITY The CONSULTANT shall not assign any ~nterest m thas Agreement and shall not transfer any ~nterest in th~s Agreement (whether by assignment, novaUon or otherwise) wahout the pnor wntten consent of the OWNER, wtuch consent shall not be unreasonably w~thheld The foregoang sentence notwithstanding, CONSULTANT may assign, transfer or convey any of its nghts or obhgaUons or assign any payments at ~s enUtled to receave under tins Agreement to any affthate, parent or successor company of or to CONSULTANT CONSULTANT shall promptly noufy OWNER of any change of its name as well as of any sagmficant change in ~ts corporate structure or in its operations ARTTC~T ,p, MODIFICATION No wmver or modfficatmn of th~s Agreement or of any covenant, con&t~on, hmltatlon herean contmned shall be valid unless m wntang and duly executed by the party to be charged therewith No evadence of any wmver or modaficatlon shall be offered or receaved in evadence in any proceeding arising between the part~es hereto out of or affecung this Agreement, or the rights or obhgatmns of the parttes hereunder, unless such wmver or modtflcataon is an wnung, duly executed The partaes further agree that the prows~ons of th~s Amcle wall not be wmved unless as herean set forth ARTIST .R XXTT MIS CFJ J .ANEOUS A CONSULTANT agrees that OWNER shall, unttl the expiration of two (2) years after the final payment made by OWNER under thas Agreement, have access to and the right to examane any rhrectly pertanent books, documents, papers and records of the CONSULTANT Page 8 of I0 ~nvolwng transactions relating to th~s Agreement CONSULTANT agrees that OWNER shall have access dunng normal worlcng hours to all necessary CONSULTANT factht~es and shall be provided adequate and appropriate workang space ~n order to conduct examanat~ons or and~ts ~n comphance w~th th~s Article OWNER shall g~ve CONSULTANT reasonable advance nonce of all intended exarmnanons or auchts B CONSULTANT shall not be m breach of th~s Agreement, shall not be assessed with any damages or other habd~ty, and the deadhne for complenon of ~ts services under this Agreement shall be extended due to any loss, habthty, damage, or delay created by acts of God, acts or omasslons of the OWNER or ~ts officers, agents, subcontractors, employees or assigns of the OWNER, acts of c~wl or mahtary anthonty, fmlure to obtatn customs clearances, governmental pnonnes, fires, strikes or other labor chsturbances, floods, ~nclement weather, epldemacs, war, not, acts of third part~es hawng the effect of delaying performance of CONSULTANT'S services, mabdlty to obtatn or delay m obtmmng, due to causes beyond ~ts reasonable control, statable labor, matenal, or eqmpment, or the dascovery oficontanunataon, pollution or other hazardous materials at or about the work s~te, or other causes beyond CONSULTANT'S control In the event of any such delay, the tame for performance shall be extended by a period equal to the nme lost by reason of such delay, and CONSULTANT shall be entitled to a reasonable, equitable adjustment ~n ~ts fee C Venue of any stat or cause of acnon under th~s Agreement shall lie exclusively ~n Denton County, Texas Th~s Agreement shall be govemed by and construed ~n accordance w~th the laws of the State of Texas D For purposes of this Agreement, the parties agree that Holly R Green, Regmnal Manager of CONSULTANT ("Green") shall serve as the ProJect Manager of CONSULTANT, respecnng ttus engagement This Agreement has been entered ~nto w~th the understanding that Green shall serve as the CONSULTANT's key person serving the OWNER on the ProJect Any proposed changes requested by CONSULTANT, respecting Green servmg as the key person on the ProJect, shall be subJeCt to the approval of the OWNER, which approval the OWNER shall not unreasonably withhold Nottung here~n shall hrmt CONSULTANT from using other qualified and competent members of ~ts firm to perform the other services reqmred herein, under its supervision or control E CONSULTANT shall commence, carry on, and complete ~ts work on the ProJect w~th all apphcable chspatch, and m a sound, econormcal, effiment manner, and m accordance wah the prows~ons hereof In accomphsh~ng the ProJect, CONSULTANT shall take such steps as are appropriate to ensure that the work ~nvolved is properly coorchnated w~th related work being canned on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available ~nformanon pertanent to the ProJect, lncluchng previous reports, any other data relative to the Project and arrangtng for the access to, and make all prowslons for the CONSULTANT to enter m or upon, public and private property as reqmred for the CONSULTANT to perform professional servmes under th~s Agreement G The captaons of ttus Agreement are for tnformatmnal purposes only and shall not ~n any way affect the substantive terms or conchuons of tbas Agreement Page 9 of 10 IN WITNESS WHEREOF, the City of Denton, Texas has executed th~s Agreement In four (4) onglnal counterparts, by and through its duly-authorized C~ty Manager, and CONSULTANT has exe~:uted this Agreement by and through its duly-authorized undersigned officer, on thru the day of ,2000 "OWNER" CITY OF DENTON, TEXAS By I~chael W Jez, City Manager ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY "CONSULTANT" SIGCORP Commumcations Services, Inc An Indmna Corporation By J~ A- DiD~n~lz'"l~ Vice President/General Manager ATTEST Corporate Secretary Page 10 of 10 Telecommunications Feasibility Study Denton Municipal Utmties Denton, TX Proprietary and Confidential Prepared and Submitted May 23, 2000 Unpubhshed Work © May 2000 ~ Com.munications Services Denton, TX Telecommunications Feaslbihty Study TABLE OF CONTENTS SECTION 1 STATEMENT OF UNDERSTANDING SECTION 2 SCOPE OF SERVICES - BUSINESS CASE MARKET RESEARCH HIGH-LEVEL ENGINEERING ESTIMATE FINANCIAL ANALYSIS/ECONOMIC MODELING SECTION 3 PROPOSED PROJECT BUDGET SECTION 4 SCS CORPORATE PROFILE OVERVIEW SERVICES PROJECTS FINANCIAL OVERVIEW ORGANIZATION STRUCTURE REFERENCES SECTION 5 CONCLUSION SECTION 6 APPENDIX May 23, 2000 Page 1 ~j/~SIG¢ORP //'/ Communications Services Denton, TX Telecommunications Feasibility Study The material contained ~n th~s document ~s proprietary to SIGCORP Commun~cabons Services, Inc (SCS) its contents cannot be d~stnbuted to part~es outside of employees of the Denton Mumclpal Electric w~thout the pnor wntten consent of SCS STATEMENT OF UNDERSTANDING Denton Mumc~pal Electric (DENTON) ~s ~nterested ~n ~nvesbgat~ng the benefits, costs and nsks associated with a uflhty owned broadband network and developing a business case from this investigation DENTON'S primary interest ~s ~n prowd~ng add~bonal serwces to ~ts commercial and ~nduatnal customers SCS ~s providing the following Scope of Serwces ~n response to DENTON's request for a description and pricing of such serwces including local market research and financial analysis/economic modeling SCS w~il prowde DENTON w~th an ~ndependent feas~b~hty evaluation of DENTON providing telecommunications services (as applicable by law ~n the state of Texas) and of leasing dark fiber and/or bandwidth A final reporfJrecommendat~ons will be prowded along w~th an on s~te presentation The final repodJrecommendaflons w~ll not only be beneficial ~n the analys~s of opportunities for Denton m prowd~ng broadband serwces to ~ts customers, but it also serves as an ~ncredlble tool to assist Denton ~n understanding all of ~ts customer sectors The understanding of these customers, their wants, needs and expectations w~ll provide beneficial as the Ubhty trans~bons ~nto an electric deregulated enwronment May 23, 2000 Page 2 $1GCORP Cemmumcatlons Serwces Denton, TX Telecommumcat~ons Feas~bd~ty Study Business Case SCOPE OF SERVICES Market Research 1 Focus Groul~s with Residential and Commercial Customers SCS wdl conduct two focus groups w~th res~denhal customers and two w~th commercial customers Residential respondents aro randomly selected from a purchased survey sample The objective of these groups ~s to encourage group d~scuss~on regarding customer perceptions of the utd~ty ~n general, as well as customer reactions to the concept of DENTON offenng new services to tts customers Residential groups wdl focus their d~scusslons on lnternet The commercial focus group wdl d~scuss data apphcaflons The results of these groups wdl allow SCS and the utd~ty to determine further top~cs for analyses In add~t;on, the focus group d~scuss~ons wdl aid SCS ~n developing and refimng the resident~al telephone survey instrument As SCS has d~scovered m the past, oftenbmes customers mention other top~cs or ;terns of concern w~thln the commumty that aro ~mportant considerations when analyzing the data collected ;n the market reseamh phase And, by allowing two-way commumcat~on w;th DENTON customers, SCS obtains a clearer p~cture of customers wants and needs for the community Dunng the focus groups, SCS wdl utd~ze the Perceptson AnalyzerTM to gather quar~tltat~ve data from a forum that ~s typscally quahtatwe ~n nature By answering questions uUhz~ng a handheld d~al, each ~ro. spondent's answer remains anonymous The, value of the Perception Analyzer"" system ~s that ~t promotes unbiased particlpabon and ehm~nates problems associated w~th "group th~nk" Th~s tool serves a groat benefit in a commumty as res|dents can be so closely connected m many ways May 23, 2000 Page 3 ~; SIGCORP. ./~ Commumcahons Services Denton, TX Telecommumcat~ons Feas~b~hty Study Market Eeseamh, Continued 2 Telephone Interviews w~th Res~denbal Customers After the focus groups are completed, SCS w~ll conduct 400 telephone ~nterv~ews w~th residential customers The object,ye of these interviews ~s to determine custemer satlsfacbon levels w~th various utility pmwders as well as the potential of new,product offenngs provided by DENTON These interv~ews wdl allow SCS to gather quant~tetlve data for residential servmes such as Internet Th~s quantitative data, wdl allow SCS to formulate penetratmn estimates for the vanous services, therebY serving as d~rect inputs ~nto the financial analys~s Therefore, ~t ~s ~mportant that ,th~s ~nstrument ~s refined (wa the focus group d~scuss~ons) to meet the community's needs SCS will ut~hze the survey sample purchased for the residential focus groups to obtaln a random sample of residential customers The date collected via the telephone Interviews la stetlaflcally valid and represents a 95% confidence level, with a margin of error of plus or minus five percent 3 In-Person Interviews w~th Lar,qe Commercial and Industrial Customers During the same week focus groups ere conducted, SCS wdl conduct approximately 20 in-person ~nterviews with commerc~al/mdustnal customers ~nclud~ng interviews w~th medical fac~hties, schools, and c~ty and county government orgamzat~ons The~e interwews w~ll a~d ~n determining the data and vmce commumcatlons needs for large customers The results of this research will provide a snapshot of those services most needed by commerc~al/~ndustnal customers and their plans for expansion In addition, these ~nterv~ews will allow SCS to determine which specific Denton businesses would most likely desire a d~rect fiber or hybnd fiber coaxial (HFC) connection to the network SCS would use th~s mformat~on, m the future, as a d~rect input ~nto the demgn May 23, 2000 Page 4 ~'?$1C.~ORP //'/ Communications Services Denton, TX Telecommunmcat~ons Feas~bd~ty Study High-Level Engineer, rig Estimate SCS w~ll prowde a h~gh-level eng~neenng esbmate that determines the physical ~nfrastructure needed to deliver telecommumcat~ons/broadband services The engineers wdl use ex~sbng ubhty maps and ~nformabon gleaned from ~nterv~ews w~th ubhty staff to develop the estimated costs for the broadband service network The development of a h~gh-level englneenng esbmate will prowde DENTON w~th a better understanding of expected costs for the headend and outside plant eqmpment associated with a broadband system Th~s evaluation wdl take ~nto account the emphas~s on serving the commerclal/~ndustnal sector as the priority customer and w~ll address the costs associated with creating a Munm~pal Area Network (MAN) SCS's h~gh-level conceptual design will include the following · Estimated cost for electronics Esbmated cost for MAN electromcs · Esbmated cost for outside plant · Number of Nodes · Esbmated mdes, type and count for fiber · Esbmated m~les of coaxial cable May 23, 2000 Page 5 2.~; $1G¢O.EP ./..~ Communications Services Denton, TX Telecommunications Feasibility Study Fmancml Analys~s/Economm Modehng SCS w~ll prepare a detailed financial analys~s using ~nformatlon developed ~n the market research The analys~s will take ~nformat~on on the proposed project, such as the cost and scope of the investment and the expected customer participation, as well as basic financial parameters from the munm~pahty, and produce cost and revenue forecasts and net present values from a number of different perspectives The financial analys~s w~ll compute cash flows from each aspect of the project over a 10-year t~me horizon Th~s analysis w~ll ~ncorporate the proper accounting treatment of ~nvestments, ~nclud~ng deprematlon and debt service models, for ~nclus~on ~n projected ~ncome, and cash flow statements Estimates of operations and maintenance and incremental investment costs will be computed as well as staffing and overhead costs In addition to examining the financial performance of the ~nvestment using a traditional accounting perspecbve, SCS's analysis wdl also allow an assessment of other benefits that would result from the system expansion Th~s analysis recogmzes that benefits are more than can be measured by revenue streams to the project The provision of additional customer servmes and ~ncreases ~n bus~ness efficiency are also important benefits In addition to an economic evaluation of the utd~ty, SCS wdl estimate the customer and societal perspectives in the net present value and benefit-cost analys~s SCS's financial analys~s wdl provide DENTON w~th three scenanos--a best case, base case, and worst case scenario The outputs of the economic analysis will ~nclude, but are not hm~ted to · Cash flows over a ten-year penod · Present value analys~s over a 15-year penod · Capital cost project~on ° Estimated working capital reqmrements · Market penetrebon analys~s · Estimated operating costs for staff and operations · Projected sources of revenue and variable costs of services · Economic Analysis · R~sk Analyms May 23, 2000 Page 6 ~ SIGCORP /'~ Commumcahons Serv:ces Denton, TX Teleconlmumcatlons Feaslbd~ty Study PROPOSED PROJECT BUDGET The not-to-exceed project costs for completing the approach defined on previous pages ~s as follows Telecommunication Services Business Case -- $44,137 00 This pnee ~s vahd for a period of thirty days (30) after receipt of b~d NOTE The above pnces do not include focus group or personal ~nterv~ew participation fees~ (see notes below), focus group room rental 2, or travel expenses 3 Fees for the professional services (pages 2-6) w~th~n th~s quote are fixed, however, SCS wdl bdl expenses as ~ncurred Expenses typically ~nclude travel, telephone, copying, etc, and are billed at actual cost plus 10% to cover general and adm~mstratlve expenses All add~bonel work wdl be completed at standard bdhng rates plus expenses (actual cost plus 10%) No additional work ~tems wdl be started w~thout mutual agreement of both DENTON and SCS SCS wdl [nvome on a monthly basis up to the completion of the final task at which brae the final ~nvo~ce wdl be prod on receipt of the final report All ~nvo~ces shall be pa~d ~n full w~thln thirty days (30) from the date, and ~nterest wdl be charged at 1 5% per month on all unpaid balances Based upon the tasks defined ~n th~s proposal, ~t ~s antm~pated that the project wdl take approximately four to s~x months to complete Th~s schedule assumes that the SCS project team W~II be able to beg~n shortly after award and that data required for the project wdl be forthcoming from DENTON After award of the project, SCS wdl prepare a detaded schedule by task for DENTON to review ~ Traditionally focus groups are best attended if the participants are offered a small fee and or a meal, this holds true personal interviews also This fee or offenng will be determined and funded by Denton SCS has seen fees of $15 to $50 2 Most often the Municipal recurs no fees for use of a local room SCS Suggests to find a bank or library community room that does not charge for its use Focus group size rs about 15 people, so the room size does not need to be large SCS will also be requesting the use of the Utlllty's TV and VCR - if one rs not available they can be rented for approximately $50/day 3 Travel expenses will be recurred by the research team consisting of approximately three people and by two to three people making the final presentation In the case of DENTON our estimation for these expenses is approximately $4,000 (alrfare, hotel, food, etc ) May 23, 2000 Page 7 ~-~; SIG4:ORP ~'/ Commumc~flons Services Denton, TX Telecommumcat~ons Feas~b~hty Study SCS CORPORATE PROFILE Overview SIGCORP Commumcatlons Services, Inc (SCS) ~s based In Evansville, Indiana, and was ~ncorporated m 1997 SCS ~s a wholly owned subsidiary of Vectren Corporation, which was formed by the merger two Indiana companies w~th strong balance sheets, Iow-cost operations, growing service areas, d~vers~fied product portfolios, and track records of delivenng supenor shareholder value SCS evolved from and replaced ComSource, Inc, an earlier Vectran (SICGORP, Inc ) Corporatmn subsidiary, and was formed specifically to serve the growing broadband market The company focus ~s on broadband networks and related technical services for municipal ut~ht~es throughout the Umted States and offers al..JI of the services a ut~hty needs to plan, design, procure, ~nstall and operate a hybrid fiber-coax network SCS has performed market studies, designed systems and ~nstalled networks at many locations nat~onwide, and ~ts primary services, hsted in the order in which many mumc~paht~es approach projects, are summanzed below Services · Feasibility Studies Before ~nvest~ng ~n a broadband network, a mumc~pahty needs to know the technological and compeflbve advantages as well as the expected return on investment, growth potential and other factors that influence decision-making SCS's feasibility studies typically ~nclude market research within residential and bus~ness communities, financial modeling and forecasting and a conceptual design of a suRable hybnd fiber optic/coaxial cable (HFC) network Resulting study recommendations are based on economic realities and commumty interests · Implementabon Planning When ~mtlal market research is complete and a municipality ~s ready to begin the practmal steps required ~n sohclt~ng a contract, SCS provides a wide range of services m planmng assistance SCS helps to develop a statement of work for the RFP, ~dent~fy regulatory and legal ~ssues, determtne chent approval processes and evaluate potential partners for other applicettons SCS w~ll also help prepare financing packages, attend bond agent negotiations, prepare ~nit~al budgets and schedules and project guarantees, form a bus~nesa plan and marketing approach and carry out additional research ~f needed · Design Services If a munlclpaflty dec~des to ~nvest ~n a broadband network, SCS offers an ~ntegrated design, procurement and construction program The first phase ~s detailed design, and SCS has the resources and expenence to May 23, 2000 Page 8 ~j?$1GCOEP ./.~' Communications Services Denton, TX Telecommumcatlons Feas~bd~ty Study design a complete HFC network for any Iocahty Working w~th the client, SCS reviews all options identified dunng the research phase then demgns the system that best meets the mumclpality's current requirements w~thm budget gu~dehnes whde providing for possible future expansion · Procurement SCS staff ~s very famd~ar w~th the techmcal components of a broadband network and the related ~nfrastructure and mmntams a oonstant awareness of the changes and advances ~n the industry The oompany has an excellent relabonsh~p w~th many of the matenals manufacturers and, whenever pces~ble, ~t purchases supphes d~rectly and passes the sawngs to ~ts chents SCS plans for long lead time purchases when developing project schedules and ~s also able to expedite on-bme dehvery of materials · Construcbon After a design is accepted and procurement ~s m~bated, $CS's field team plans and executes the ~nstallabon according to a comprehensive schedule developed dunng the design effort An on-rote office is established, and a supenntendent manages the construcbon effort by directly coordinating the installation w~th chent representabves · Operabon and Maintenance Services SCS prowdes comprehenmve start-up and trmnmg services as well as a follow-on operations and maintenance program for the systems it ~nstalls Th~s ~s particularly beneficial when advanced energy services (~e, load management, aecunty, energy momtonng, surge protection, outage nobficat~on and automatic meter reading) are ~ncluded ~n the ~nstsllatlon ProJects SCS's projects are broadly d~v~ded into five categones, although the categories can overlapl and are frequently combined under a single contract or a senes of follow-on contracts The categories are general consulting, feas~bdlty studies, design, project management/construction and operabons General Consulting · Hawaii (1998) SCS performed a study for commercial load management program for an ~nvestor-owned utility Th~s project consisted of developing program costs for load monitonng and equipment required for the pdot program customers, prowd~ng supporting data for cost components, and providing pilot progrem plan and cost estimates to the Uflhty Commission SCS also developed an ~mplementabon plan for the pilot program Feasibility Studies May 23, 2000 Page 9 ~-'?~$1G¢ORP ,~/'× Commumcati~ns Services Denton, TX Telecommumcat~ons Feaslbd~ty Study · California (1999) SCS prowded market research and an economic analys~s to evaluate and prowde a h~gh level proforma SCS wdl design, construct, and eventually operate an HFC system for the same c~ty · Indiana (1998) SCS completed a feaslbd~ty study, a conceptual design and project management for a mumc~pal utd~ty The feas~blhty study ~ncluded primary market research, which consisted of telephone surveys, focus groups and ~n-person ~ntervlews and a complete analys~s of the data · Iowa (1998) SCS conducted follow-up market research to determine market penetration of, and customer sabsfact~on w~th, the servmes being provided by the broadband network SCS ~nstalled m a c~ty · Minnesota (1999) SCS conducted a feas~bd~ty study and developed a conceptual design for a c~ty The scope of the study ~ncluded residential telephone surveys, commercial and ~ndustnal ~n-person ~nterv~ews, focus groups and an economic analysis ~n preparation for the conceptual design · Mlasouri (1996) SCS worked w~th a local electric company to evaluate the poss~b~hty of becoming a broadband network prowder · New York (1997) A mumclpal electric department contracted w~th SCS to conduct a feas~b~hty study for an HFC network · Texas (1998) SCS evaluated the poss~bd~ty of budding a fiber backbone to coordinate c~ty offices and functions SCS provided project management as well as market research through focus groups and ~n- person ~ntervlews w~th the c~ty's commercial and ~ndustnal customer base · Texaa (1999) SCS provided market reseamh and a h~gh-level proforma regarding a mty's plans to enter the broadband market and ~s currently prowd~ng the conceptual design for an HFC network Design · California (1999) SCS wdl demgn an HFC broadband system for a c~ty · Indiana (1999) SCS was awarded a contract to prowde a detaded fiber optic design to connect school buddings, c~ty offices and utility fac~ht~es The ~nfrastructure design ~ncluded strand mapping, a make-ready survey and complete specifications for the 144-strand ADSS fiber optic route In addition, a MAN conceptual design and detaded ~nfrastructure plan for the local community budding was completed Project Management/Conatrucbon · lewa (2000) SCS was awarded a contract to budd the outside plant for a city · California (1999) SCS has begun construction of an HFC broadband system for a c~y · Iowa (1995) SCS (as the ComSoume, Inc, subsidiary of Vectren Corporation) was awarded a contract to ~nstall headend equipment and construct the outside HFC plant for a CATV system ~n a c~ty · Iowa (1998) SCS ~nstalled a network d~str~but~on system, which consisted of buried fiber optm and coaxial cable and buried servme May 23, 2000 Page 10 ~-?SIGCO,RP //°/ Commumcahons .fervKes / A VEGTR~ Conlpany Denton, TX Telecommumcations Feaslbd~ty Study entrances over forty route miles of construction Ex,sting cable telews~on systems were extended to the broadband headend where they were ~ntegrated in a new commumcat~ons facd~ty · Iowa (1998) SCS ~nstalled a network d~stnbut~on system, which consisted of buned and aenal fiber optic and coaxial cable and buried and aerial serwce entrances over forty route m~les of construction, and an entirely new broadband system was budt · Iowa (1998) SCS was awarded construction of a headend cable television (CATV) system The scope of work ~ncluded final design and documentation of a CATV headend system, furmsh~ng CATV headend equipment, ~nstallabon of the complete headend system and off-air tower end satelhte antennas Integration of commercial inserbon, an emergency alert system and status momtonng with the headend was also ~ncluded ~n the scope of the work · Ohio (1998) SCS was awarded a materials and labor installation contract for headend equipment for a broadband system for a city The scope included furmsh~ng acbve (power consuming) components of a broadband, two-way, HFC system to supply wdeo and data servmes Integration of commercial ~nsertlon, an emergency alert system and status momtonng w~th the headend was also included ~n the scope of the work · Washington (1997) SCS was awarded a project to provide and ~nstall CATV headend equipment and construct six hub buddings to house fiber optic network equipment Integratmn of commercial ~nsert~on, an emergency alert system and status momtonng w~th the headend was also included ~n the scope of the work Operatione · California (1999) SCS will operate an HFC system for a o~ty SCS provided market reseamh, an economic analys~s, design and construct for the same c~ty Th~s turnkey delivery includes developing a market strategy, creating promotions, educating customers, training customer service personnel, b~lhng for services, h~nng quahfied technm~ans to maintain the system, momtonng the system for continued quahty, and providing new service offenngs Financml Information scs ~s a wholly owned subsidiary of Vectren Corporation, a holding company w~th nearly $2 bdhon ~n assets Vectren's utd~ty compames (SIG;=CO and ;ndiana Gas) serve 650,000 natural gas and electnc customers ~n Indiana These substantial resouroas make SCS a valuable partner ~n broadband network design and development, partmularly m the arrangements for performance bond;ng A SIGCORP Annual Report ~s included in the Appendix SIGCORP May 23, 2000 Page 11 Commumcatmns Services A VEGINEN Company Denton, TX Telecommumcatlons Feas~bdlty Study Organizational Structure SCS employs a full-bme corporate staff w~th the skdls and experience mqu~rad for the broadband network ~ndustry Each employee has contributed to the success of SCS and can work ~nd~wdually ~n a consulhng capacity or as part of the umfied team SCS presents for the "turnkey' projects The orgamzahon chart below shows the current orgamzahonal structure John DID~lizio J Ronetta Sm~ E~u~ ~nt of 8y~ Op~on and 8~ Finance & Hu~ ~ck Tub~ ~e T~ D~n H~ ~ondm Ca~ ~ ~ro~ ~ager ~ ~nng~ DiOr ~ ~n9 ~nt T~ Ru~ ~n ~en~ ~u O~k Pu~M~ng ~n~ Ope~onr In~n ~ ~n~er ~ N~onal 8~. Rl~a~ Io~ Phli~ Jon. O~n Uo~ Engining Sam ~l~n Engi~ T~ B~dg~ ~ ~ Super I T~ ~hr 8obblg BI~I~ CrMD ~ R~ HoI~ G~ ~r~y N~ ~lm ~g~ B~ ~ll Bill ~ Gain Gox Heb~ Well~ ~ Hl~b~ K~ p~MgM ~ PinCh G~ K~e Jon. ~nn~ ~om. ~ng l~ph~le~I Apdl WaM ~n Ch.e May 23, ,2000 Page 12 /~j?$1GCORP Communications Services Denton, TX Telecommunications Feasibility Study Brief b~ograph~es of the selected staff of SCS are as follows John DIDomlzio, Vice President and General Manager After receiving his BS ~n Mechamcal Eng~neenng from the Umvers~ty of Evanswlle, Mr D~Dom~z~o spent e~ght years at Southern Indiana Gas and Electric Company (SIGECO) as an engineer on a number of key projects H~s respons~blht~es ~ncluded the development of b~d specifications, contractor management, marketing efforts, and staff training and supervision He was instrumental in the development and ~mplementat~on of SIGECO's demand s~de management programs, ~nclud~ng strategic marketing and the regulatory ~ssues of conservation programs For the past three years, Mr DiDomlz~o has focused on opportumt~es ut~htles have for expansion ~nto the broadband services field, spec~ahz~ng ~n the design and construction of turnkey broadband networks He ~s most recently responsible for the startup and management of SCS, whmh handles all aspects of project management, from pre- construction market research and feasibility studies, through the design and construcbon phase, to explonng new opportumtles for the commumty once the system ~s m place He ~s currently pureu~ng an MBA at the Umvers~ty of Southern Indiana Dwayne Tuft, Director of Marketing, Sales and Engineering Mr Tutt has been ~nvolved in marketing and market research for the last eleven years, w~th s~x,of those years ~n the utlhty market and three years ~n broadband services He has been involved ~n broadband network feas~b~hty studies, branding, loyalty and customer retention efforts for utilities, advertising studies, as well as customer sabsfact~on tracking studies, sales forecasting, and projechon of program and product penetration levels He bnngs an extensive statistical analys~s background, with expenence ~n factor analys~s, structural equation modehng, conlomt analysis, and survey design and methodology to the market research staff at SCS He has been an Economics Instructor for the Umvers~ty of Kentucky for the last four years and an Associate Professor of Stat~stms at the Umverslty of Southern Indiana for s~x years He holds a BA ~n Government and Economics from Morehead State Umversity and a Masters degree ~n Economics from the Umvers~ty of Kentucky Tim LIIIpop, National Sales Manager Mr LiIIpop joined SCS ~n September of 1998, and h~s respons~b~ht~es ~nclude coord~nahng the sales force effort for the United States, including management of 5 regional sales representatives He works ~n conjunction w~th regional sales managers to help customers determine broadband service needs and wants, and then to develop a plan of action specific to each customer He orgamzes and presents materials at conferences, seminars, and workshops Prior to,joining SCS, Mr L~llpop worked m various capac~bes for Southern Indiana Gas and Electric Company for sixteen years Mr Lillpop was the Project Manager for SIGECO's Load Management Program ~mmed~ately prior to jo~mng SCS H~s respons~blhtles included management of ~nstallat~on contractors, supervision of the May 23, 2000 Page 13 2~; $1G¢ORP Denton, TX Telecommumcatlons Feas~bd~ty Study marketing plan, maintenance of the customer database and program reporbng He supported Demand S~de Management programs as an Energy Sales Representative for three years and was part of the Performance Assurance Department at one of the power plants for nine years Mr L~llpop holds h~s BS ~n Management from Oakland C~ty College ~n Oakland, Indiana Holly Green, Regional Sales Manager Ms Green leads SCS's sales efforts ~n 11 states ;n the M~dwest Region She works w~th customers ~n all aspects of the telecommunmabon process from ~denbficabon of needs, to project construction through complet;on and beyond She ;s ~nvolved ;n all aspects of the project and serves as the pnmary point of contact for the customer Pnor to joining SCS, Ms Green worked at Harlan Municipal Utlhbes (HMU) for throe years, most rocently as the Assistant General Manager HMU serves approximately 5000 customers ~n Harlan, Iowa Ms Green was acbvely involved ~n the development and construction of HMU's broadband network (;nstalled by SCS) pnor to jo~mng SCS Her experience ~n the municipal enwronmen0t has enabled her to assist her customers w~th an l~ns;der's understanding of the ~ssues facing a municipal prowder Ms Groan holds a BA ~n Marketing from the Umvers~ty of Northern Iowa and ~s a member of the Amencan Marketing Assoc, American Assoc of Uflhty Marketing Execubves and Iowa Assoc of Mumc~pal Utd~bes Br,dget Bray, Manager of Engineering Ms Bray has over nme years of expenence ~n consulting and project management serv;ces Working for a large consulbng firm, she has ga;ned extensive experience m managing broadband service projects, prowdmg techmcal support for WAN and LAN topologies, developing corporate network standards for fiber, and developing a network- momtoring center In addition, Ma Bray was responsible for pen~orm~ng a business analys~s for technology upgrades, evaluating and des~gmng wireless commumcat;ons networks, consulting global sites on data network ~nfrastructures, and des~gmng and managing manufactunng networks In her prewous experience as an ~ndependent consultant, Ms Bray prowded new bus~ness strategy development, orgamzabonal analys~S, technology business analys~s, operating procedures development and bus~ness plan development Ms Bray received a BS m Electrical Englneenng from the Umversity of Evansville Dorothy Niekamp, Supervisor of Research Ms Nlekamp joined the SCS staff in May 1999 after ten years w~th St Mary's Medical Center where she was employed as an analyst ~n the Strategic Information and Planning Department After conducting pnmary and secondary health care-rolated marketing and planmng research, Ms Nlekamp assisted ~n wnbng s~tuatlonal, env;mnmental, and commumty health needs assessments Ms N~ekamp also prowded data to, service hne managers for their business and development plans, comp~led comprehenmve physician producbwty and supply and demand studies, accomphshed a nsk-adJusted charge comparison analys~s of local hosp;tals, and tabulated and reported results of patient, physician, and employee sabsfacbon surveys May 23, 2000 Page 14 ~SIC-,CORP /× Communications Services Denton, TX Telecommun~cabons Feas~bdlty Study Ms N~ekamp received a BA ~n Liberal Arts from Ambassador Umvers~ty and a BA ~n Psychology from the Umvers~ty of Southern Indiana She ~s currently worktng on an MS in Health Care administration at the Umvers~ty of Evansville and an MSW at the University of Southern Indiana May 23, 2000 Page 15 ~j.; SIG4::ORP ~/ Communications Services / A VECT~N Cea~pany Denton,I TX Telecor~mumcatlons Feaslbd~ty Study References Alameda Power & Telecom 2000 Grand St Alameda, CA 94501 Phone (§10) 748-3913 Bdl GarVlne, Marketing Manager SCS completed a validation of a third party feas~blhty study SCS's methodology, used to verify the network's feas~bd~ty, was ~nstrumental ~n Alameda's efforts to obtain financing The SCS team was awarded the contract for design, build and operate of the broadband network that has an antic~pated completion date of 2002 Tell Cl~ Electric Department P O BOx 9 700 Main Street Tell City, Indiana 47586 Jack Joyce, Supenntendent Phone, (812) 547-3411 The SOS team conducted a Broadband Network Feas~b~hty Study to guide Tell C~ty ~n the str;~teg~c planmng of ~ts broadband services endeavor The purpose of the study was toI ident~fy, quanbfy and pnorit;ze major commumcabons and energy service opportqnibes for the future SCS was awarded a contract in 1999 to provide a detaded fiber optic network design connecting school buildings, c~ty offices and ut~ht~es facdlt~es Harlan iMuniclpal Utilities 405 Chatburn Avenue, Box 71 Harian,~owa 51537 Gerald ~Ou~ck, General Manager Phone I (712) 755-5182 SCS (as the ComSource, Inc subsidiary of Vectran Corporation) was the turnkey contractor for installat~on of a cable telewslon headend and construction of the outside plant facdlties Harlan applies the network for Internet, entertainment, utility services and h~g~h-speed data communications In 1998, SCS conducted research to determine market penetration and customer satisfaction with the services May 23~ 2000 Page 16 /~/~$15¢OEP Communications Services Denton, TX Telecommumcat~ons Feas~bd~ty Study Clickl I~etwork 3628 South 35th Street Tacoma, Washington 98409 Peter Rumble, Headend/Hub Techmc~an Phone (253) 502-8143 SCS wes awarded a contract in 1998 by Tacoma C~ty L~ghts and installed the cable television headend equipment and provided project management for the construcbon of six hublbudd~ngs to house fiber optic network equipment City of~Brenham P O Box 1059 210 North Park Street Brenham, Texas 77834-1059 Angelal Hahn, Director of Public Informabon SCS completed a feaslbd~ty study to assess the v~abdlty of a fiber backbone to serve c~ty offices, SCS prowded market research, ~nclud~ng focus groups and personal ~nterv~ews w~th the city's large commercial and ~ndustnal customers In add~bon, the SCS team completed the preliminary drawing of a fiber network along w~th a financial analys~s Grand Rapids Public Utilities PO Box 658 500 sE Fourth Street Grand Rapids, MN 55744 Mr James Hietala, Electnc Department Manager Phone (218) 326-7182 SCS completed a broadband feaslbihty study m August 1999 for Grand Rapids Pubhc Utilitle~ (GRPU) The market research ~ncluded focus groups w~th resldenbal and commercial customers, telephone interv;ews, and one-on-one ~nterv;ews to determine the br(~adband needs ~n Grand Rapids, MN Based on market research results, a detalle~l economic analysm and conceptual design was performed At the conclumon of the study, SCS submitted a formal report and prowded a presentabon for GRPU board members May 23, 2000 Page 17 ~-~.~$1GCORP .// Communicahons ~ervices Denton, TX Telecommunications Feasibility Study Conclusion The multi-disciplinary approach applied by SCS integrates ublity, telecommumcat~ons, marketing and sales expenence and ensures a umfied team response to customer ~nterests The staff becomes acquainted w~th the background and enwronment of the commumty so that it can adequately respond to an ~ndlwdual client's needs Each client receives total support from SCS representabves, and the home office provides necessary resources for keeping each project on schedule and w~th~n budget In addlt~on~ there are sufficient corporate resources and staff to manage several projects s~multaneously SCS is ready and w~lllng to dehver a top quality Telecommunications Feaslb~hty Study for DENTON and looks forward to d~scussmg the proposed study in more detail w~th DENTON representatives May 23, 2000 Page 18 ~2~SIC-K:ORP .,~// Communicahons Semces Agenda No ~ Agendalteq - AGENDA INFORMATION SHEET AGENDA DATE August 15, 2000 DEPARTMENT Utlhty Admlmstratlon ACM Howard Martin, 349-8232 ~ SUBJECT. Consider adoption of an ordinance of the City of Denton, Texas, approving an amendment to the existing interim wastewater treatment services contract between the City of Denton, Texas, and the Upper Tnmty Regional Water District heretofore executed on November 20, 1990, extending the term thereof for an additional slx month period, anthonzlng the c~ty manager to execute smd amendment, providing for retroactive effect of smd amendment, and providing an effective date BACKGROUND: The Denton City Council passed an ordinance on January 4, 2000 to allow the Denton Wastewater Department to continue treating wastewater for the UTRWD (City of Argyle) after the expiration date of the original contract (Exhibit I) Contract negotiations are proceeding with both the UTRWD and the City of Argyle However, the t~me period for the ~ntenm ordinance expired on July 1, 2000 The proposed Wastewater Treatment Contract ~s currently under legal rewew at the City of Argyle (Exlublt II) We are also negotiating Argylc's partlclpahon in the Graveyard Branch Wastewatcr L~ne and this has caused some delays in the Wholesale Wastcwater Contract negotiations The Wastewater Department requests that the following ordinance be recommended to the City Council extanchng the contract term to December 31, 2000 or until such t~me as an agreeable contract can be negotiated between the Upper Tnmty Regional Water District or the City of Argyle for wastewater treatment services (which ever comes first) RECOMMENDATIONS Staff recommends approval of the contract extenmon ordinance PRIOR ACTION AND REVIEW. The City Council passed an interim ordinance on January 4, 2000 The interim ordinance expired July 1, 2000 An ordmgnce to extend the expired ordinance until negotiations are complete or December 3 l, 2000 was presented to the Pubhc Utlhtles Board at their July 17th regular meeting ESTIMATED SCHEDULE OF PROJECT' Th~s extension wall promd¢ a 6-month time permd for the completmn of contract negotiations Negotmtlons will be completed by December 31, 2000 FISCAL INFORMATION. The £ollowlng charges are the current apphcable rates for the Argyle Contract Volume Charge $2 00 per 1000 gallons BOD Strength Charges $0 004228 mg/1 of BOD TSS Strength Charges $0 002317 mg/1 of TSS Facd~ty Charges $180 00/30 days Sampling Charge $35 00 Analyms Charge $15 00 Respectfully submitted Assistant City Manager Prepared by ':a. sslstant Director Wastewater Utlht~es Exhibit I Interim Wastewater Ordinance Exhibit II Proposal Wholesale Wastewater Contract ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AMENDMENT TO THE EXISTING INTERIM WASTEWATER TREATMENT SERVICES CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND THE UPPER TRINITY REGIONAL WATER DISTRICT HERETOFORE EXECUTED ON NOVEMBER 20, 1990, EXTENDING THE TERM THEREOF FOR AN ADDITIONAL SIX MONTH PERIOD, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT, PROVIDING FOR RETROACTIVE EFFECT OF SAID AMENDMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, by Ordinance No 90-186, passed by the C~ty Council on November 20, 1990, the City Council anthonzed the Mayor to execute an "Interim Wastewater Treatment Service Contract Between the C~ty of Denton, Texas and the Upper Tnmty Regmnal Water D~stnct" (the "Contract"), thereafter the C~ty of Denton (the "C~ty") and the Upper Tnmty Regional Water D~stnct (the "UTRWD") executed and entered ~nto smd Contract on November 20, 1990, and WHEREAS, the C~ty and the UTRWD have operated under the terms and prows~ons of smd Contract continuously since November 20, 1990 However, Article VIII, Section 8 1 of the Contract prowdes that the Contract will terminate on December 31, 1999, and WI-IEREAS, by Ordinance No 2000-011 passed and approved by the C~ty Council on January 4, 2000, the Contract was extended for an addmonal s~x-month term, effective from January 1, 2000 through June 30, 2000, WHEREAS, because the C~ty and the UTRWD are currently negot~atmg the terms for a new wholesale wastewater treatment servme contract, ~t ~s the mutual desire of the C~ty and the UTRWD to extend the term of the Contract for an addlt~onal s~x (6) months, to mmntaln the status quo, so that the Contract will continue m full force and effect and will termmate instead, on December 31, 2000, and the C~ty and the UTRWD mutually desire that the ex~stmg Contract continue m full force and effect, w~thout lapse, exp~ratmn, or mtermptmn whale their respective govermng bodies approve and enter mto an "Amended Interim Wastewater Treatment Servmes Contract Between the C~ty of Denton and the Upper Tnmty Regional Water D~stnct" (the "Amended Contract") prowdmg for such add~tlonal SlX (6) month extension of nme, and WHEREAS, the C~ty Council deems ~t m the pubhc ~nterest to enter into the Amended Contract w~th the UTRWD by tins orchnance mamfests its desire to extend the current term of the Contract for an additional s~x (6) month period, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the C~ty Manager ~s hereby authorized to execute an "Amendment to the Exmtmg Interim Wastewater Treatment Servmes Contract Between the C~ty of Denton, Texas and the Upper Tnmty Regional Water Dtstnct Heretofore Executed on November 20, PAGE 1 1990" substantially ~n the form of the amendment to contract attached hereto and ~ncorporated herewith by reference SECTION 2 That the C~ty Secretary ~s hereby d~rected to affix a copy of tins Ordinance to Ordinance No 90-186, as well as to Or&nance No 2000-011, and ~nscnbe thereon the notation that the Contract has been amended by the adoption ofth~s Ordinance SECTION3 That tins Amended Contract is hereby ratffied, confirmed, and retroactively approved, and shall be effective from and after July 1, 2000, so that the Contract heretofore executed by the C~ty and the UTRWD on November 20, 1990, shall remain and conUnue m full force and effect, w~thout lapse or lntermpUon S]~CTION 4 That except as otherwise prowded ~n Section 3 heremabove, tins Ordinance shall become effective lmmedmtely upon its passage and approval PASSED AND APPROVED th~s the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By /~~ S\Our Documents\Ord~nanoes\00\UTRWD-COD-WW AmendAgrmtOrd7 2000doc PAGE 2 STATE OF TEXAS )( )( COUNTY OF DENTON )( AMENDMENT TO THE EXISTING INTERIM WASTEWATER TREATMENT SERVICES CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND THE UPPER TRINITY REGIONAL WATER DISTRICT HERETOFORE EXECUTED ON NOVEMBER 20, 1990 WHEREAS, the C~ty of Denton, Texas (hereinafter the "CITY"), a Texas Municipal Corporation, and a Home-Rule C~ty under the laws of the State of Texas, heretofore entered ~nto an "Interim Wastewater Treatment Services Contract Between the C~ty of Denton, Texas and the Upper Tnmty Regional Water D~stnct, a conservation and reclamatmn d~stnct created pursuant to Article XVI, Section 59 of the Constitution of the State of Texas (hereinafter the "UTRWD") on the 20th day of November, 1990, whmh contract is hereinafter referred to as the "Original Contract," and which Original Contract was approved by the Denton C~ty Council by Ordinance No 90-186, passed on the 20th day of November, 1990, and WHEREAS, at the t~me that the Original Contract was entered ~nto xn 1990, ~t was the UTRWD's object~ve to develop a regional wastewater system ~n the Denton County area and to enter into contracts w~th ent~t~es which were "Partm~patmg Members" of the UTRWD to prowde regmnal wastewater servmes to those ent~t~es The CITY at that time, and at the present, owns and operates a wastewater collection, treatment, and dasposal system ~n Denton County, Texas, and the UTRWD, at the t~me of the Original Contract, and at the present, desires to utthze the excess capacaty of the Denton system for the collection, treatment, and disposal of the UTRWD Members' wastewater, and WHEREAS, the "Denton County Water and Wastewater Study --- Regmnal Master Plan for the Year 2010," recommended that certmn portions of Denton County be provided regional wholesale wastewater service through the CITY's wastewater system In said Onglnal Agreement, the CITY agreed to provide wastewater services for the UTRWD on an interim basis, with the expectation that, and on the condition that the UTRWD would in the future enter into another and further contract with the CITY to provide for the joint planning, funding, and ownership of additional wastewater collection and treatment facilities to serve the future wastewater requirements of both the CITY and the UTRWD, and WHEREAS, Article VIII, Section 8 1 of the Original Contract provides that the Original Contract shall expire by ItS own terms on December 31, 1999, and WHEREAS, the Caty Council of the City of Denton, Texas passed and approved Ordinance No 2000~011 on January 4, 2000 providing and authorizing a six-month extension of the Original Contract, effective January 1, 2000 through June 30, 2000, and WHEREAS, the CITY's Wastewater Utihty Department currently has a wholesale wastewater contract with the UTRWD, and the CITY and the UTRWD are currently negotiatung acceptable terms for a new wholesale contract, while at the same time consldenng the needs of other customer cities and/or districts being added to the wastewater system in light of the rapid growth and development activities In the Hickory Creek Basin, and ~n order to maintain the status quo, and in order to allow sufficient time for completion of the negotiations between the CITY and the UTRWD, the CITY and the UTRWD mutually desire to extend the term of the Original Contract for an additional six (6) month period, to be effective, ratified and retroactive from July 1, 2000 through December 31, 2000, and WHEREAS, the City Council deems it in the public interest for the CITY to enter into flus "Amendment to the Existing Interim Wastewater Treatment Services Contract Between the City of Denton, Texas and the Upper Tnmty Regional Water District Heretofore Executed on Page 2 November 20, 1990" (hereinafter the "Amended Contract") which provides that the term of the Original Contract shall be extended for an additional six month period of time, pending their good-froth negotiation of a new Contract, and to keep said Original Contract in continuous force and effect, without lapse NOW, THEREFORE, for good and valuable consideration, and in further consideration of the mutual promises and covenants of the parties, the CITY and the UTRWD do hereby AGREE as follows, to wit SECTION 1 That Article VIII, Section 8 1 of the Original Contract is hereby amended to read as follows "Tfus Agreement shall terminate on December 31, 2000" SECTION 2 That in all respects, except as specifically and expressly amended by this document, the smd Original Contract heretofore duly passed and approved by the City Council of the City of Denton, Texas on the 20ti~ day of November, 1990, shall remain and continue in full force and effect, without lapse or interruption, for all purposes pertinent EXECUTED by the undersigned duly authorized officials and officers of the CITY and the UTRWD, in two (2) original counterparts, on this the day of ,2000 "CITY" CITY OF DENTON, TEXAS By Michael W Jez, City Manager Page 3 ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY UPPER TRINITY REGIONAL WATER DISTRICT By President, Board of D~rectors ATTEST' By SECRETARY, BOARD OF DIRECTORS APPROVED AS TO LEGAL FORM By S \Our Docum~nt~\Contract~\99\UTRWD Amend WW Agrmt - Argyle Hmkory Crk Basra doc Page 4 Agenda No QO - O .~ 7 . AGENDA INFORMATION SHEET AGENDA DATE August 15th, 2000 DEPARTMENT. Planning & Development. Department CM/DCM/ACM: Dave Hill, 349-8314 ~ SUBJECT Constder and, take action on a request for rehef from the Non-Residential Interim Regulations, Ordinance 2000-069, for a 1 63 acre property located on the east s~de of Bonnte Brae, approximately 800 feet south of Untverstty Drive The property ~s tn a Planned Development (PD-144) zomng d~strtct An amended Detatled Plan ~s proposed to allow a non-medical office budding on the s~te (RN-00-27, Bonme Brae Medmal Office Complex) BACKGROUND Ordinance 2000-069, known as the Nonrestdentml Interim Regulations, was adopted by Ctty Council on March 2aa, 2000 Th~s ordtnance contmns standards wtth which nonres~dentml development projects must comply until the Code Rewrtte project ts completed and permanent standards are adopted Ordinance 2000-069 also contains a separate section that allows apphcants to request rehef from the ~ntertm regulattons, tnclud~ng evaluatton crlterta to be used by Counctl $ Rehef requests a The apphcant may petition the C~ty Council for rehef from these ~ntenm development regulattons by requesting such rehef m writing The request for rehef shall be considered by the C~ty Council ~n conjunction w~th action on the project plan and development apphcat~on b The C~ty Council shall not reheve the apphcant from the reqmmments ofth~s ordinance, unless the apphcant first presents credible ewdance from whmh the C~ty Councd can reasonably conclude that the ~mpus~t~on of the nonres~dentml development standards deprives the apphcant of a vested property right or deprives the appbcant of the economically mable use of h~s land e In dec~d~ng whether to grant rebefto the apphcant the C~ty Council shall take ~nto cons~demtton the following (I) whether grantmg rehef from the nonres~dantml standards contained tn these mtenm development regulations, ~n the absence of permanent rems~ons to the C~ty's Land Development Code that tmplement the proms~ons of the comprehensive plan jeopardtzes the C~ty's best interests ~n preventing such effects, (2) the smtabd~ty of the proposed nonresidential uses ~n hght of land uses allowed tn the zomng districts on property adjacent to the proposed s~te, (3) the ~mpact of the proposed nonres~dentml use on the transportation and other pubhc facthtles systems affected by the development, (4) the measures proposed to be taken by the apphcant to prevent negative tmpacts &the proposed use on the surrounding properties, (5) the hkehhood that sufficient rehefwfll be prowded to the apphcant following adoption &the C~ty's Development Code (6) the total expenditures made ~n connection w~th the proposed nonres~dentml development m rehance on prior regulatmns, ~ncludmg the costs of ~nstalhng infrastructure to serve the project (7) any fees reasonably prod m connectmn w~th the proposed use and (8) any representatmns made by the C~ty concerning the project and reasonably rehed upon to the detriment of the apphcant d The C~ty Council may take the following actions (1) deny the rehef request, (2) grant the rehef request, or (3) grant the rehef request subject to condmons consistent w~th the criteria set forth m th~s sectloo 6 Minimum rehef Any rebel granted by the Ctty Cotmcfi shall be the minimum dewat~on from ordinance reqmrements necessary to prevent deprivation of a vested property right OPTIONS Council may ,either 1 Deny the request for relief, or 2 Grant the request for relief, or 3 Grant the request for rehef, subject to condlttons consistent w~th the evaluation criteria set forth m the ordinance (and referenced above) RECOMMENDATION Staff recommends that the decision of whether or not to grant the requests for relief should be based on the merits of,each mdtvtdual apphcatton ESTIMATED PROJECT SCHEDULE Review schedules are d~scussed ~n the attachments PRIOR ACTION/REVIEW One petition was rewewed on June 6, 2000 I CBS Mechanical - approved One petition was reviewed on May 2, 2000 2 Morrlson Milling - approved Two petitions were revtewed on April 18, 2000 1 1013 Shady Oaks- approved 2 Victoria Square Phase Il - approved 2 Three petitions were rewewed on April 4, 2000 Wildwood Inn-approved 2 Cellular One-approved 3 Payne self-storage-dented Three petitions were rewewed on March 21, 2000 4 1508 N Elm (Z-99-083)- approved 5 1513 N Locust (Z-99-084)- approved 6 RNW Addition (Z-00-003)- approved In addition, an additional 18 staff m~tlated petitions were granted rehef on March 21, 2000 One petmon was rewewed on March 2, 2000 1 Keresttne property - approved w~th condmons FISCAL INFORMATION The petmons are being processed and brought to Council using ex~stxng staff resources Several ofthe petmons clmm financml harm, an ~ssue that may be evaluated by Cotmcfl ATTACHMENTS I Staff report Respectfully submitted Dtrector of Planning & Development 3 ATTACHMENT 1 WAIVER REQUEST STAFFI REPORT Sublect= Bonme Brae Medical Complex Case Number RN-00-27 Staff Larry Relchhart BACKGROUND: Request Relief from the Non-Remdent~al Interim Regulabons (Ordinance No 00-069) to proceed w~th an amended detailed plan to allow a non-mend~cal use w~thln the ex~st~ng Planned Development (PD-144)(See Enclosure 3) Location Generally on the east rode of Bonme Brae, approximately 800 feet south of West Umvermty Drive (See Enclosure 1) Zoning Planned Development (PD-144) (See Enclosure 2) Acreage 1 63 acres Platting The property is platted Comp Plan Conmstency The Comprehensive Plan ~dent~fies th~s property to be w~th~n the "Ex~st~ng Neighborhood / Infill Compatable" D~stnct New development should respond to ex~st~ng development w~th compabble land uses, paterns and design standards Staff finds the use consistent w~th the ~ntent of the Comprehensive Plan CONCLUSION' Additional Approvals Without Relief With Relief Amended PD Deta,led Plan ~~t~ Zomng Plan Not Required Not Reqmred Project Plan* ~ Not Required Braiding Permit Reqmred ** Required ** Platting Not Required Not Reqmred ENCLOSURES 1 Lecat~on Map 2 Zomng Map 3 Approved Detailed Plan 4 Apphcat~on ENCLOSURE1 Bonnie Brai Medical Complex NORTH SITE LOCATION MAP Scale None ENCLOSURE2 Bonnie Medical Complex NORTH PD-5 EMERY I I O I SITE ZONING MAP Scale None ENCLOSURE 3 40 '~':)lOg~4 g~'~g glNNOg ~ -- ENCLOSURE 4 INTERIM ORDINANCE RELIEF APPLICATION FORM Date ~'2/'~0 APPLICATION[ FOR RELIEF FROM: Non-Residential Interim Ordinance Prolec~Name JANKE ADDITION, BLOCK 1, LOT 3 Prolec~Address ~ocation) 1160 BONNIE BRAE DENTON, TX ExutmgUse VACANT LOT ProposcdUse 5,000 SQ FT OFFICE/LAB Exlstmg Comprehensive Plan Designation Exlst~ng Zomng ,~" / 4 q Proposed Zoning Gross Acres 0.5 ACRES SEE ATTACHED RELIEF PROCEDURES APPLICANT INFORMATION Applicant BRUCE HUTHER Company HUTHER & ASSOCIATES, INC. Address 1445 MAC ARTHUR DR. #216 Te1972=-42-6844 Fax972-242-8741 C~/ CARROLLTON State TX ZIP 75007 Ema~l Property Owner DSMG LTD % MARILYN JANKE Company DR. JANKE Address 1160 NORTH BONNIE BRAE ST. Tel 940-898-1477Fax ClU, DENTON State TX ZIP 76201-2421 Emal Con~a~ SAME AS ABOVE Company Address Tel Cl~ State Z~ Emafl SIGNA~ OF pROPER~ O~R OR ~PHCA~ For ~pa~mental U~e Only M~ev Pnnt or T~e BRUCE HUTHER Totg F~(s) . Subscn~d ~d s~o~ before m~ th~s day of 20~0 ' ~ ~TA~ PUBLIC ~ ', ~ ~ ~ATE OF TE~S ', RESA L ALDERSON ................... ~_ ~, Accept~ By . No~ Pubhc APPLICATION DEADLINE IS WEDNESDAYS AT 10 00 AM 8. Any ~ a.pphes o,.nly to the Non-Residential Interim Or&nance. All other text applies to both Residential and Non-Resident~al In~enm Ordinances. Avl~hcatlon Resluir~ments The applicant may petition the City Council for relief from these mtenm development regulations by re'q'uest mg such ~ehef in writing T'h'e request for relief shall be considered by the City Councd m con}unction with action on the project plan and development a?phcation The City Council shall not relieve the applicant from these requirements, urlless the applicant fu'st presents credible ewdence {rom which the City Councd can reasonably conclMe that the u~posmon of the residenu~ density .lmutat,ions, no.n-residential standards ,or other development standards depnves the applicant of a vested property nght or oepnves t~e applicant olthe econormcally v~able t~e of their land The applicant is requested to submit sufficient mfo.?ation addressing the following criteria The applicant will also be responsible in making their case before City Council In deciding whether to grant relief to the applicant, the City Council shall take into the consideration the following ['-I Whether granting railer from the resldantial density hmitations, non-resldemial standards or ot .her development s~andards contained m these interim development ~u]auon, m the absence of permanent revisions to the City s Land Development C_~ie that implement ,the provisions of the comprehensive plan, jeopardizes the City's best interests in preventing such effects, [-I The suitabdity of the proposed re~ldential or non-resident~al uses m hght of land uses allowed m the zomng distncts on proper~ adlaceot to the proposed site, [-I Tbe impact of the proposed re.~dentlal or non residential nse on the transpertation and other pubhc facdmes systems a~ec~ed by the development, CI The measures peoposed to be taken by the apphcant to prevent negative impacts of the proposed nse on the neighberhood, [-I Tbe hkehhoog that sufficiant rebel wdl be provided to tbe apphcant following edoption of the City's Development Code, The total expenditures made m connection with the proposed residential or non residential development m rehance on poor regulations, including the costs of installing infrastructure to serve the prolect, c'l Any fees reasonably paid in connection with the proposed use, ["l Any representations made by the City concermng the prolect and reasonably rehed upon to the demment of the apphcan~ The City Council may take the following actions (a) deny the relief request, (b) grant the relief request, or (c) grant the relief request subject to conditions consistent with the corena set forth in the interim development regulations Any rehef granted by the C. aty Council shall be the rpmsmum de~ation {rom orchnance requirements necessary to prevent depnvauon of a vested property right SIGNATURE cemgymg that these regulations have been read and understood by the applicant HUTHER ~ ASSOCIATES, INC. envtronmental to,~lcologtsts biologists conzultants July 31, 2000 Planning and Development Departmem City Hall West 221 North Elm Denton, Texas 76201 RE Naw Construction, 1160 Bonme Brae, Denton, Texas, Janke Addition, Block 1, Lot 2 To Whom,It May Concern I would like to purchase a tract of land in Denton zoned PD-144 and build an office/laboratory approxunately 5000 square feet I currently own and operate a sumlar facility in Carrollton (8 years) and wish to loaate to Denton I have met with Mike Grace and Larry Relehhart, Planning and Development, City of Denton, and have reviewed the site use plan The proposed bmldmg will comply with the external physical a~sthetles with the excepUons of a larger bmldmg and possibly a relocation of the building on the lot A detailed drawing will be submitted with the formal project plan if lmernn relief is granted Accompanying this letter ~s a completed Interun Ordinance Relief Apphcation form seeking relief from the PD-144 zoning I anticipate a total number of employees to be 10 people The hours are 8 00 A M to 5 00 P M with very little addmonal traffic other than occasional dehver~es of supplies We do not sell or manufacturer any product and most of our chents are outside of the Dallas-Fort Worth-Demon metroplex I will have an outside landscaping firm mamtam the property Nothing wdl be stored outside of the budding We do not reqmre any exceptional utilities beyond what is available to the doctor office/chines on either s~de of the lot The nature of my business Is aquatic tuxxcology ultunately used for the protection of human health We receive small volumes of treated water (3 gallons) from wastewater treatment plants The water samples are collected at the pomt where the treated wastewater goes back into the community water systems (creeks, rivers, lakes, etc ) The reason flus water is tested ~s that the treated wastewater is reused as drinking water further downstream As an example, the City of Denton's wastewater treatment plant discharges into Pecan Creek which flows mto Lake Lewisvllle Lake Lewlsvllle Is used for comact recreation, fishing, and drmlong water, hence there is considerable concern about the quality of water entering the lake resulting m stnngent momtormg requirements Every waStewater d~scharger who discharges into the nations waters must have a discharge permit The permit requires the discharger to maintain a very h~gh quahty of final effluent In addmon to momtormg for specific chemicals such as ammoma or chlorme, most permits require the facthties to conduct aquatic toxicology tests (also known as blomomtormg) on their discharged wastewater Aquatic toxicology ~s the only service we offer aside from consultation, we do no chemical testing, no hazardous waste generation or testingi no asbestos testing, and have no hazardous chemicals in any quam~ty on site 1445 MacArlhur Drive, State 216 Carrollton, TX 75007 (972) 242-6844 10 Planmng and Development Department July 31, 2000 Page 2 Aquatic toxicology revolves exposing very sensmve aquaUc orgamsms (minnows and water fleas) to the wastewater for a period of seven days and observing for adverse effects Adverse effects include mortahty, reproduction mlubl~lon and growth mlubltmn Obviously we must have a clean, chemical free work area so that any effects we observe can be attributed only to the wastewater The test organisms are 24-hours old at test ruination and very small A test is conducted m a temperature controlled area about 2 feet by 2 feet Unhke a medical laboratory or clinic, we generate no medical waste, no toxic metals (such as silver from x-ray machines), no nuclear waste (x-rays), and do not require a wastewater discharge permit from the City (we do not dlscl~.rge anything winch could be detrmaental to the City's wastewater treaUnent plant, we b~omomtor test the City of Denton's wastewater) In summary, I am seeking mterma ordinance rehef from the PD-144 zoning to pursue a zoning change which would accommodate my of-flee/laboratory All final construction would be in accordance with the City of Denton's development code and would enhance the aesthetics of the neighborhood Thank you for your consideration m this matter Sincerely, ~~sProcels;tde~n~ BH/ta ~l~onda No_~.__ ~,genda Item AGENDA INFORMATION SHEET AGENDA DATE August 15, 2000 DEPARTMENT Electric ACM. Howard Mart]n, 349-8232 ~ SUBJECT; AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A TOWER LEASE AGREEIVI~NT FOR THE ATTACHMENT OF PERSONAL COMMUNICATIONS SERVICES TRANSMITTING AND RECEIVING EQUIPMENT ON THE BRONCO WATER TOWER AND THE MCKENNA PARK IEADIO TOWER OWNED BY THE CITY, BY AND BETWEEN THE CITY OF DENTON AND COOK INLET/VOICESTREAM OPERATING COMPANY, L L C, AND PROVIDING AN EFFECTIVE DATE BACKGROUND: Denton IV~umclpal Electric (DME) has been approached by VolceStream to enter into a (10) year agreement to lease tower space la two locations The first site ~ncludes leasing tower space on the McKemaa Park radio tower and leasing space ~n the newly installed commumcat~ons braiding The second site ~s on top of the Bronco Water Tower The antennae to be installed will be of the panel type which are identical to the emstlng antennae Both locations have existing City of Denton famht~es and will require no alterations or capital outlay by DME OPTIONS: 1 Proceed with the project 2 Do no~ provide the service RECOMMENDATIONS' Staff recommends authonzataon to proceed ESTIMATED SCHEDULE OF PROJECT July 2000 PRIOR ACTION/REVIEW (Council, Boards, Commission) Pubhc Utilmes Board approved on June 19tI', 2000 FISCAL ,INFORMATION' Exhibit A BID INFORMATION Not Apphcable Exhibit A Fiscal Information Respectfully submitted Sharon Mays D~rector of Electric Utilities Prepared by Ray W~II~ ' ~ Assistant Director of Electric Utlhtles ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A TOWER LEASE AGREEMENT FOR THE ATTACHMENT OF PERSONAL COMMUNICATIONS SERVICES TRANSMITTING AND RECEIVING EQUIPMENT ON THE BRONCO WATER TOWER AND THE MCKENNA PARK RADIO TOWER OWNED BY THE CITY, BY AND BETWEEN THE CITY OF DENTON AND COOK INLET/VOICESTREAM OPERATING COMPANY, L L C, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The C~ty Manager ~s hereby authorized to execute and dehver a Tower Lease Agreement prowdmg for the attachment of personal commumcaUons eqmpment (PCS) transmitting and rece~mng eqmpment on the Bronco Water Tower and the McK.nna Park Radxo Tower owned by the C~ty, by and between the C~ty of Denton, Texas and Cook Inlet/Vo~ceStream Operating Company, L L C, m substanually the form of the Tower Lease Agreement winch ~s attached to and made a part of th~s ordinance for all purposes SECTION 2 Ttus ordinance shall become effecUve ~mmedxately upon ~ts passage and approval PASSED AND APPROVED tins the day of ,2000 EULINE BROCK, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY STATE OF TEXAS )( )( COUNTY OF DENTON )( TQWER LEASE AGREEMENT THIS TOWER LEASE AGREEMENT ("Lease") is entered into as of ttus __ day of , 2000 by and between the City of Denton, Texas, a Texas mumelpal corporat~nn CLessor") and Cook Inlet/VoiceStream Operating Company, L L.C. ("Tenant"), acting by and through Vo~ceStream PCS BTA I Corporation, its Agent WHEREAS, Lessor owns and operates several tower sites as part of ~ts pubhc safety and utilities operatmns In consideration of the prennses and of the mutual obllgat~ons and agreements m tins Lease, Lessor and Tenant do hereby AGREE as follows The Lessor ~s the t~tleholder of smd tower sites hsted on Exinint "A" attached hereto and made a,part of tins Lease for all purposes, winch tower s~tes are situated ~n the County of Denton, State of Texas ("Lessor's Property") as described on the attached Exinblt "Al" The parties agree that the legal descriptions of Lessor's Property may be attached as Exinint "Al", attached hereto and made a part of tins Lease for all purposes, aider execution of tins Lease n Tenant hereby desires to lease certain portions of Lessor's Property and certmn portions of each of the towers ("Towers") located on Leasor's Property, together w~th a right of access and a right to install uttht~es thereon (the "Premises") The Prenuses wluch are the subject of th~s Lease are situated substanaally as shown on Exinblt "A3", attached hereto and made a part of this Lease for all purposes, and w~th respect to the spaces on the Towers, the locations and orientations are as set forth on Exinint "A3" attached hereto In adchtion, Tenant shall have the right to, nm cables and wn'es under, over and across Lessor's Property to connect Tenant's eqmpment on the Towers to Tenant's eqmpment m Tenant's factht~es located on the Prenuses m locations winch will be approved by the Lessor through ~ts Assistant C~ty Manager for Utilities ("D~rec~or"), winch approval shall not be unreasonably w~thheld Tenant may park its velucles on Lessor'~ Property when Tenant is constructing, mamtammg, remowng, replacing, and/or serwcmg Tenant's commumcaUons facilities 111 Lessor and Tenant hereby agree that the Prennses (including access rights-of-way thereto but excluding the spaces on the Towers) may be surveyed by a heensed surveyor at the sole cost of Tenant, and such surveys shall then replace the descnptmns contmned m Extuint "Al" and become, part hereof and shall control to describe the Premises m the event of any discrepancies between such surveys and the descriptions contained m Exh~int "Al" Lessor leases the Prermses to Tenant pursuant to the terms and concht~ons of ttus Lease, on a "non-exclusive" bas~s as follows 1. Initial Term; Renewal Terms; Annual Rent Increase; Voluntary Termination (A) The lmt~al term of fins Lease shall b'e ten (10) years, commencing 270 days from the date on winch fins Lease is executed by the parUes, or at the commencement of construction, winchever event shall first occur Provided that Tenant is not in default with respect to the terms and provisions of tins Lease at the explraUon of the lrnt~al ten (10) year term, then Tenant, at Tenant's option, may renew fins Lease, subject to the same terms and prowslons as are appheable for the lmtlal ten (10) year term, for an additional five (5) year renewal term Further Provided that Tenant is not m default with respect to the terms and provisions of this Lease at the expiration of the adchtlonal five (5) year renewal term, then Tenant, at Tenant's option, may renew this Lease, subject to the same terms and provisions as the nutlal ten (10) year term and the addatlunal five (5) year renewal term, for successive additional one (1) year renewal terms for up to another five (5) years The parties intend that in no event vall this Lease exceed a period of twenty (20) years m duration (B) Tins Lease, throughout its lmtlal term and any renewal term prowded for in fins paragraph, prowdes for an automatic annual rental increase of an addluonal five percent (5%) over the immediately preceding year's rental rate, with the first such increase oceurnng on the first anmversary of the commencement date of fins Lease, and contmumg thereaiter for each successive year, for the remainder of the term of the Lease, including all renewals thereof as provadefl m fins Lease The parties agree that during the sixty (60) day period beginning 120 days before the expiration date of the initial ten (10) year term, or the five (5) year renewal term, or any further automatic one (1) year renewal term of tins Lease, either party may voluntarily terminate tins Lease by wntten notice delivered to the other party, winch termination shall be effective upon the expiration date of the apphcable lmt~al term, or renewal term, or any further automatic renewal term provided for by fins Lease 2. Premises (A) Access to each of Tenant's eqmpment shelters situated on the Prermses will be avmlable to Tenant, vathout Lessors representative being present, on a 24 hours a day, 7 days a week basis The Lessor grants to Tenant a non-exclusive easement for the term of tins Lease for unresmcted rights of access thereto and to the appropriate source of electric and telephone facilities, subject to the approval of the Lessor through ars D~rector, whose approval shall not be unreasonably withheld Access to any site winch is considered to be a secured area will reqture prior verbal notification to Lessor's representaUve (or "Hot Line") to be determined by the Lessor The telephone number of the 24-hour Hot Line is 940-349-8400 Tower elnnbs vall reqmre Lessor representatmn and vall be scheduled only after two hours' notice to the Lessor during normal business hours In the event of emergency access to the Towers, Tenant voll be g~ven the name of a contact person with Lessor who is available 24 hours a day, 7 days a week Tenant may be assessed a charge for emergency access in an amount equal to the total expense recurred by the Lessor for representation dunng such tower clunbs Tenant vall enntract chreetly with a tower chmbmg crew and will be responsible for all expenses No tower clnnbmg crew vall be permitted on the Towers vathout prior acceptance by the Lessor Standards for acceptance by the Lessor will include a liability insurance policy in the mnnmum mount of $1,000,000 03 ) Eqmpmcnt Shelter Space Space for four racks will be made available to Tenant at the s~te known as "McKenna Park" as spemfied m Exinblt "A", winch ~s attached to and made a part of tins Lease for all purposes 3. Rent (A) Rental Payments In consideration of the Lease of the Premises, Tenant agrees to pay Lessor the rental sums based on the monthly rates set forth m Exinb~t "A" for each Tower They shall be made as follows 1 F~rst year's rent due on execution of tins Lease 2 F~rst year's rent shall be calculated on a per-antenna/coax basis at $ 0 66 per foot for each foot above ground level ("AGL") to antenna centerhne 3 Rent ~s due on the yearly anmversary of the commencement date of tins Lease (as set forth m Paragraph 1 above) 4 On each anmversary of the commencement date of this Lease, the yearly rent shall be increased by 5% over the immediately preceding year's rental 5 Tenant shall pay to Lessor as additional rental, the sum of $ 250 00 per month for each and every month that tins Lease ~s ~n force and effect, representing rental for the eqmpment shelter provtded by Lessor to Tenant at the McKenna Park Tower rote, as referred to m Paragraph 4 (E) below 6 All payments shall be payable to Lessor at such address as designated by the Lessor to the Tenant m the manner for notices set forth m Sectlon 12 of tins Lease 03 ) Late Payments If the yearly rent ~s not paid by the anmversary date of the commencement date of tins Lease, xnterest shall accrue at the rate of I 5% monthly (18% annually) on all unpmd mounts, subject to Secuon 8 Tins late charge ~s not a waiver of the Lessor's right to declare the Lease m default ~f payment of rent is not made when due, or to pursue any legal or eqmtable remeches Lessor may have to seek damages or to reqmre specffie performance of the Lease (C) Other Charges Tenant agrees to pay adrinaonal charges, as spemfied m tins Lease, wltlnn 30 days following demand Non-payment of addltaunal charges when due shall conmtute a default under tins Lease to the same extent as would nonpayment of rent (D) Utilities Tenant w~ll be responsable for Tenanfs utilities at the Premises If prowslons for emergency power are reqmred, Tenant will be responsible for the mstallatmn and mmntanance of stand-by generators as reqmred 4 Tenant's Use of Premises (A) Tenant may use the Premises to construct, remove, replace, service, mamtaln, secure and operate a commumcat~ons facility, including, without limitation, reqmred antenna array (as such antenna array may be mochfied, added to, or substituted from time to t~me) and antenna support structures, and for any other uses incidental thereto Tenant may construct a fence around the Prennscs Each such antenna array or antenna support structure may be configured as requested by Tenant fi.om time to ttme, prowded Tenant obtains, pursuant to Paragraph 4 B, all permits and approvals reqmred by applicable junschctlons for such requested configuration Lessor shall have the right to approve plans for any improvements installed by Tenant on the Prennses, such approval not to be unreasonably withheld, provided that Lessor must nottfy Tenant of Lessor's approval or chsapproval of any such plans wlttUn five (5) days after the subrmsslon of such plans by Tenant to Lessor, and in the event that Lessor fails to so notify Tenant, Lessor shall be deemed to have approved such plans (B) Lessor acknowledges that Tenant's ability to use the Premises for its intended purposes is contingent upon Tenant's obtaining and mamt~unmg, both before and after the commencement date, all of the cemficates, permits, licenses, and other approvals (collectively, "Governmental Approvals") that may be reqmred by any federal, state, or local authority for the foregoing uses and anprovements to the Premises desired by Tenant Lessor shall promptly cooperate with Tenant m Tenant's efforts to obtam such Governmental Approvals and shall take no action that would adversely affect Tenant's obtmmng or mamtmmng such Governmental Approvals, promded, Tenant's use shall not interfere with Lessor's use of the Premises m accordance with Section 4 (D) of this Lease Lessor shall not, nor shall Lessor permit its other lessees, licensees or agents, to interfere with Tenant's use of the Prermses (C) Tenant may mount up to a maximum of 12 antennas and the necessary coaxial lines thereto at each of the Towers Radio frequencies to be used by Tenant will be 1975-1990 Mhz for transmitting and 1895-1910 Mhz for receiving (D) Tenant will operate and maintain the antennas and associated electromc eqmpment, whether located on the Towers or m the eqmpment shelters, wlthm specifications and authorizations of the manufacturers or the Federal Commumcations Commission ("FCC") The Lessor will take reasonable precautmn to insure interference problems do not arise However, if interference does occur, Tenant agrees to install isolators, circulators, or band pass filters or equivalent, to Tenant's equipment at Tenant's expense Tenant shall conduct all Tenant's act~vltles and operations under thts Lease to assure that the Lessor's pubhc safety commumcatmns, utility communlcatmns and utility operatmns are operated without obstruction or interference and that Lessor's other faclhttes on the Premises are not damaged or interfered with It will be the responslbihty of the Tenant to resolve any conflict between these interests In the event resolution is not possible, flus conflict of interests is grounds for ternnnatlen of the Lease by Lessor, and Tenant shall be responsible for any damages done to the Lessor's famhtles If it is so detemuned that Tenant's eqmpment is not operating m compliance with manufacturers' design specifications or wlttun FCC roles and regulations, Tenant will mediately disconnect or otherwise terminate the operation of Tenant's equipment that is not functmmng within the above recited specifications and authonzations and wall not permit further operation of such equipment until It has been repared or restored so as to function watlun such specifications and anthonzations Tenant grants Lessor the right and authority to take any action necessary to disconnect or otherwise terminate the operation of any of Tenant's equipment causing interference or signal degradation as set forth above If any of the Towers being utilized by Tenant is deemed structurally unsound, a public hazard or must be removed for whatever reason, Lessor grants Tenant the right to erect suitable temporary structure(s) at or near the subject Tower until such time as Lessor replaces or repmrs the subject Tower provided, however, nothing hereto shall ever require Lessor to repair or replace the subject Tower, but m the event the Lessor fails to repair or replace the Tower within a reasonable time, Tenant may declare the Lease m default Furthermore, Tenant wall have the right to relocate on said replacement site at no additional cost to Tenant If the subject Tower is permanently removed, then Tenant wall have the right to erect Tenant's monopole at the approxunate location of the subJeCt Tower and at a height and structural strength satisfactory to Tenant (E) Lessor agrees to provide an equipment shelter at the McKenna Park Tower site which meets the reasonable requirements of Tenant, to be specified by Tenant within sixty (60) days following the execution of tins Lease by the parties Tenant agrees to pay to Lessor on the date tins Lease commences, a one-tune payment of $ 5,000 00 to defray a portion of the cost of the McKenna Park Tower site equipment shelter Rental is further payable by Tenant to Lessor respecting such equipment shelter m accordance wath the provisions of Paragraph 3 (A) 5 above Tins shelter will be placed on the Prenuses on a mutually acceptable location m close proximity to the Tower until such tune as the Lessor constructs a permanent shelter or places an adequate prefabricated shelter at the McKeuna Park Tower s~te Lessor and Tenant further agree that Tenant shall not be required to be m an equipment shelter respecting its operations at the Bronco, Water Tower site (F) At some future date as Lessor has capahihty to do so and assuming that Lessor is allowed by law to supply same, Lessor shall offer to supply fiber-optic interconnect to equipment shelters at Mcl~!enna Park Tower and the Spencer Tower for a period of time equal to the duration of tl~s Lease and at no charge, as described below provided, however Tenant shall not be obligated to accept such offer 1 Lessor will provide a mimmum of one (1), 1 544 megahit DS-I termination from each Prermses to the m~crowave eqmpment facilities m the Texas Women's Umvers~ty Clock Tower Lessor will provide an additional 1 544 megahit DS-I tenmnatlon at Tenant's request and expense during the hfe oftlns Lease 2 Lessor will provide twenty-four (24) hour a day, seven (7) days a week response to all Tenant's request for emergency support due to outages associated with the DS-1 equipment, and necessary appurtenaneas thereto, to the Leased Sites The Lessor guarantees performance level of the DS-1 equipment will be maintained at 99 975% avaflabihty Lessor will respond to any problems associated with Tenant's DS-1 eqmpment vathm 15 nnnutes of being notified, twenty-four (24) hours a day, seven (7) days a week when called at 940-349-8400 3 Lessor will, at Tenant's request and expense, reconfigure any c~rcmt configuraUon necessary to support Tenant's operations in the event Tenant should choose, or be fomed to, relocate Tenant's point of interface from the Texas Women's Umvermty Clock Tower to a microwave hub 4 Lessor's support of the DS-1 terminations and the fiber-optic lines thereto shall meet or exceed Tenant's requirements for such service winch are 99 975% avaflablhty at all tnnes 5 Erection of Antenna and Repairs (A) R. epmrs All costs for installation and mmntenance of Tenant's equipment and antennas on the Towers or the Premises shall be borne solely by Tenant The installation on the Towers or the antennas shall be made by Tenant using statable dewces commonly used in the industry, capable of bearing the stress and strmn of the installation without weakemng or damaging the Towers m any way whatsoever Installation or modification plans must be submitted to and approved by the Lessor pnor to any installation or modification to Tenant's equipment or antennas With respect to the Towers hated on Exinblt "A", Lessor may reqmre Tenant to pay for review and approval of plans for antenna attachment by a water tower engmeenng firm The installation and mmntenance and/or removal of Tenant's equipment and personal property on the Prennses shall be done without any damage, harm, and interruption of any other user's service, and Tenant agrees to hold harmless and indemnify Lessor, its officers, employees, agents and/or contractors from any and all costs, expenses, actions, damages, clmms and habfllty due to injury to any person or damage resulting from Tenant's utflizat~on of the Prermses Tins mdemmty shall not apply to any clmms arising fi.om the sole negligence or intentional misconduct of the mdemmfied party (B) Alteratton or Improvements by Tenant Tenant shall not make, nor permit to be made, any alterattons, addlt~ons or nnpmvements to the Prennses w~thout Lessor's pnor written consent Tenant shall keep the Prenuses free from any hens arising out of any work performed, materials furmshed, or obhgat~ons recurred by or for Tenant Tenant shall, wltinn twenty (20) days following the imposition of any such hen, cause the same to be released of record by payment or posting of a proper bond No work that Lessor permits Tenant to perform on the Prermses shall be deemed to be for the use and benefit of Lessor so that no mechanic's or other hen shall be allowed against Lessor by reazon of its consent to such work Lessor shall have the nght to post notices that Lessor is not responsible for payment for any such work (C) Removal of Improvements The antennas and associated eqmpment installed on the Prennses by Tenant and prod for by Tenant, except for cable and condmt, shall remain the property of Tenant and may be removed upon the expiration of tins Lease, provided (a) that any of the items may be removed only if Tenant repatrs any damage caused by such removal and 6 restores the Premises to the condlt~on of the Premises pnor to installation and commencement of the Lease, reasonable wear and tear excepted, and (b) that Tenant shall have fully performed all of the covenants and agreements to be performed by Tenant hereunder and that no payments are due or will thereafter become due from Tenant to Lessor under the prov~slons of this Lease, but ~n no case shall the eqmpment be removed by Tenant or third party pnor to the exp~ratlon of flus Lease or until such ttme as all momes due under flus Lease are prod ~n full Upon exp~rahon of this Lease, ~f Tenant fmls to remove such ~tems from the Prennses waflun sixty (60) days after demand by Lessor, all such eqmpment shall become the property of Lessor Tenant must g~ve Lessor s~xty (60) days' not,ce of removal of any equipment from the Towers and/or the Premises to avoid chsruptlon of service of other users Smd removal shall be at a time and date specffied by Lessor and shall not affect Tenant's obhgatmns under flus Lease 6 Notice of Scheduled Interruption Lessor will give Tenant fol~y-flve (45) days' wntten not,ce of any scheduled act~wty that wall cause mtermptaon of Tenant's acttwttes, emergency s~tuat~ons excepted Tenant shall be allowed to erect temporary facfl~ties as provided ~n Paragraphs 4 (D) and 11 hereof 7. Site Management The parttes agree that Lessor shall serve as the s~te manager for all users of the two (2) tower s~tes described hereto 8. Notice of Default In the event Tenant is m default under flus Lease, Lessor shall g~ve written notice thereof to Tenant Except as to interference as descnbed hereto, and notw~thstandmg any other prowmon here~n, Tenant shall cure smd default wflun 20 days followang recmpt of smd not,ce If a subtenant is ~n default to Tenant m Tenant's capacity as sac manager (as descnbed m Paragraph 7), ~t wall be the sole respons~bthty of Tenant to pursue the cure of said default and to ewct the subtenant, ffnecessary Under no c~rcumstances wall Tenant be considered in default to Lessor based on any subtenant's default status 9 Termtnntion If any of the followang events occurs, Tenant shall have the nght to tenmnate flus Lease by g~vmg 30 days written notme to Lessor of such termmataon (A) Tenant detenmnes that ~t wall be unable to obtain, after expending reasonable efforts, all necessary Governmental Approvals for Tenant's intended use of and ~mprovements to the Prenuses demred by Tenant, or (B) Tenant's apphcat~on for any Governmental Approvals necessary for Tenant's use of the Prennses and ~mprovements desired by Tenant ~s demed, or (C) Any Governmental Approvals necessary for Tenant's use of the Prenuses and/or ~mprovements to the Prenuses, whether now or hereafter destred by Tenant are canceled, expired, lapsed or otherwise wathdrawn, terminated or demed so that Tenant, m ~ts reasonable judgment, deterrmnes that it wall no longer be able to use the Premises for Tenant's intended use, or (D) The FCC allocates the frequencaes at which Tenant may operate ]ts antennas and equipment and may from tame to tune change such frequenc]es Any change of flus nature that, an Tenant's reasonable judgment, renders' ats operation of a commumeatlons facility at the Prermsos obsolete, or (E) If Tenant determines that the Premises has become unsmtable for Tenant's operations due to changes an system or network design or m the types of eqmpment used m such operataons at the Premases become unprofitable, Any tenmnataon nottce rendered by Tenant pursuant to Paragraph 9 shall cause tins Lease to expire wath the same fome and effect as though the date set forth m such notme were the date originally set as the explmtaon date of tins Lease and the parties shall make appropriate adjustment, as of such temunat~on date, with respect to payments due to the other under tins Lease 10. Indemnification and Insurance (A) Tenant hereby agrees to mdemmfy and hold Lessor harmless from and agmnst any and all elauns of habflaty for personal anjury or property damage to the extent that they result from or arise out of (0 Tenant's breach of any term or condmon of this Lease on Tenant's part to be observed or performed and/or (u) the acts or omissions of Tenant, its agents and employees m, on or about the Premases, excepting however, such clatms or damages as may be due to or caused solely by the acts or onnssmns of Lessor, ats employees or agents To the extent permitted by law, thru mdemmty shall not apply to any claims arising from the sole neghgenee or mtentmnal rmsconduet or the pomon of the joint or concurrent neghgence of the andemmfied party (B) Pubhe Lmb]hty Insurance Tenant shall maintmn pubhc habahty insurance at all tames during the term of tins Lease wath a company rated A- or better by Best rated earners approved to do business m Texas by the State Insurance Conmussmn wath personal injury lnmts of at least $1,000,000 for damage to property and bochly injury and death, eovenng the Premases and Tenant's use thereof wath compames, and m form, satasfactory to the Lessor Said pohey or pohcles shall name Lessor and Tenant as msureds and shall bear endorsements to the effect that the insurer agrees to notafy Lessor not less than tinrty (30) days m advance of any modaficatlon or cancellatmn thereof Tenant shall dehver a certaficate of insurance satasfaetory to Lessor as proof tllat adequate insurance as m force (C) Lessor shall not be responsable for any mtermptmn of service, unless it is due to neglagence on the part of Lessor (D) Nothing hereto shall constitute a waiver of any defense the Lessor or Tenant may have to any cause of actaon or claim brought under or as a result of operataons under tins Lease ancludang and without lmutataon the defense of governmental ammurnty, all such defenses are expressly reserved 11. Damage and Destructmn (A) In the event that any of the Tower Ad/or the Premises are totally damaged or destroyed by fire or other casualty, or so extensively damaged that they cannot be restored wathm 180 days to the condition as the same exxsted prior to such damage, either party shall have the right to terminate tins Lease by giwng written notice to the other of the exercise of tbas right wathm tharty (30) days followang the occurrence of the fire or other casualty In no event shall Lessor be responsible for damages due to delay occasioned m repmnng such damage Tenant shall have the right to erect temporary, substitute facfl~t~es if any of the Towers and/or the Premises are rendered temporarily unsuitable for operation Rent shall abate for any period that any of the Towers and/or Premises are rendered unsmtable or unavatlable for Tenant's use (B) Lessor shall not be responsxble for any damage to Tenant's equipment caused by vandahsm, not, war, fire, accident, failure, or act of God (C) Lessor wall not proxade any insurance on Tenant's eqmpment If Tenant so desires, Tenant may maintain at Tenant's sole expense, any type of hazard insurance on all eqmpment located on the Premxses Tenant understands that m no way will Lessor be responsible for any loss to Tenant's exltupment 12. Notices All notices hereunder must be m writing and, unless otherwase prowded hereto, shall be deemed vahdly given ff sent by certafied marl, return receipt requested, addressed as follows (or to any other mmlmg address wbach the party to be notified may desxgnate to the other party by such notice), or by overmght dehvery or as other~wse provided under apphcable state law Should Lessor or Tenant have a change of address, the other party shall ~mmed~ately be notified as prowded m tins Paragraph of such change Unless Lessor otherwise specifies m writing, rent checks from Tenant shall be sent to the person hsted below to whom notices are sent Tenant: Cook Inlet/VolceStream Operating Company, L.L.C Address 3650 - 131~t Avenue SE, Suite 200 Bellevue, WA 98006 Attn PCS Leasing Admtmstrator Telephone No (425) 653-4600 Facsimile (425) 653~5050 W~th a copy to Cook Inlet/Vo~ceStream Operating Company, L L C Address 3650 - 131st Avenue SE, Stute 200 Bellevue, WA 98006 Attn Legal Department Telephone No (425) 653-4600 Facsimile (425) 653~5050 9 Lessor: The City of Denton, Texas Arm C~ty Manager Address 215 E McKmney Denton, Texas 76201 Telephone No (940) 349-8307 Facsmule (940) 349-8596 W~th a copy to City Attorney Address City of Denton, Texas 215 E Mcganney Denton, Texas 76201 Telephone No (940) 349-8333 13. Comphanee with Laws The Tenant shall comply w~th all federal, state, local, laws, roles, regulations and ordanances apphcable to the telecommumcataons mstallatton covered hereunder, as they may now read or hereinafter, or mended 14. Venue Tins Agreement is entered into ~n the C~ty and County of Denton, Texas and shall be governed by and construed m accordance w~th the laws of the State of Texas Venue and junsd~ctmn of any stat or cause of actmn arising under or in cormectlon with tins Tower Lease Agreement shall be exclumvely m a court of competent junsdmtaon s~ttmg m Denton County, Texas IN WITNESS WHEREOF, Lessor and Tenant have executed tins Tower Lease Agreement by and through their duly-authorized and empowered offimals and representatives effective as of the date heremabove stated "LESSOR" CITY OF DENTON, TEXAS A Municipal Corporatmn By Machael W Jez, Cxty Manager lO ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY "TENANT" COOK INLET/VOICESTREAM OPERATING COMPANY A Limited Llabihty Company Chris Hfllabrant-Reg~on~l Dtrector Vo~ceStream PCS BTA I Corporation Its Agent ATTEST 11 [Notary block for Landlord] STATE OF TEXAS ) ) ss COUNTY OF DENTON ) This mst~mant was acknowledged before me the undersigned authority tins day of , 2000 by Michael W Sez, City Manager of the Cl~y of Denton, Texas, a Texas Mumclpal Corporation, on behalf of sad City, m the capacity thereto stated Dated Notary Pubhc Print Name -- My connmsslon expires (Use this space for notary stamp/seal) [Notary black for Tenant] STATE OF TEXAS ) ) ss COUNTY OF DALLAS ) I certify that I know or have satisfactory evidence that Chris Hlllabrant~ Regional Dn'cctor of VolceSiream PCS BTA I Corporation, is the person who appeared before me, and said person acknowledged that he/she mined this mstntmant, on oath stated that ha/she was authorized W execute the ms/rumant and acknowledged it as the duly- authorized agent for Cook Inlet/VolceStream Opera~mg Company, L L C to be the free and voluntary act of such party for the uses and purposes mantloned m the ms~nnnent xNota~ Pubhc My comnnsmon expires / C) ~ (Use this space for notary starri!~/seal) 12 EXHIBIT "A" TOWER SITES Site known as "Bronco Water Tower" 2 Site known as "McKenna Park Radio Tower" EXHIBIT "Al" LEGAL DESCRIPTION OF LESSOR'S PROPERTY Site known as "Bronco Water Tower": All that certmn lot, tract, or parcel of land, lying and being situated in the C~ty and County, of Denton, State of Texas, and being part of the Thomas Toby Survey, Abstract 1288 out of a tract to R M Evers dated November 17, 1954, Vol 399, page 534, Deed Records, Denton County Texas, from W T Evers and others Land being tract 7 in smd deed, also being tract 8 m a deed from AF Evers to RH Evers dated March 25, 1907 as shown m Vol 104, Page 453 deed records, Denton County, Texas Commencing at a point on the East boundary line of Rmey Road located on the South boundary line of the Thomas Toby Survey, Abstract 1288, said line also being the North boundary line ofN H Melsanhenner Survey, Abstract 810, smd point being North 88°49' West 1350' from an iron pm locating the Northeast comer of smd N H Melsenheuner Survey 810 Thence South 88°49' East 350' to a point on smd survey hne Thence North 1°11' East 60' to the point of begmmng of hereto described tract Begmmng at a point North 1°11' East 60' from a point located on the N H Mersey. helmet Abstract 810 Survey hne being South 88°49' East 1000' from an iron pm in the ground describing the Northeast comer of smd survey Thence North 1° 11' East 200' to a point, Thence North 88°49' West 200' along a line parallel to the Northern Survey line of the N H Meisenhelmer Survey, Abstract 810, to a point, Thence South 1°11' West 200' to a point, Thence South 88°49' East 200' along a hne parallel to the N H Melsenheimer Abstract 810 to the point ofbegmmng, contmnmg an area of 40,000 square feet, more or less 14 EXHIBIT "Al" LEGAL DESCRIPTION OF LESSOR'S PROPERTY (continued) Sate knpwn as "McKenna Park Radio Tower". All that certiun tract or parcel of land satuated in the County of Denton, State of Texas, and being a part of the Robert Beaumont Survey and being more partacularly descnbed as follows BEGINNING at the Southwest comer of the Robert Beaumont Survey at a point 1311 3 vrs East of the Northwest comer of the Eugene Puchalsl~ Survey m the North boundary line of the same at a post and pale of rock tn the West border of the Cross-Tambers and at a point known as Medlm's Potnt from winch a P O brs North 90 deg East 5 vrs another brs North 24 deg East 8vrs THENCE East 302 3 vrs to a point for comer, saad point being 20 feet East of the Southwest comer of a 15 acre tract deeded by R H Ewlng and wife M E Ewtng to D L Wflkms THENCE North and parallel wtth smd D L Wflkans West boundary lane 329 ¼ vrs to a potnt for comer, smd point being 20 feet West of the Northwest comer of sa~d Wflkms tract THENCE West 302 3 vrs a point for comer THENCE South 325 1/4 vrs along the West boundary line of smd Beaumont Survey to place ofbegmmng and contaamng 18 acres of land more or less and being the same tract of land conveyed to us by R HEwmg and wife M E Ewang by deed dated November 27 AD, 1909, reeorde~t tn Volume 112, page 215, of the Deed Records of Denton County, Texas 15 EXHIBIT "A2" EQUIPMENT DESCRIPTION FOR TENANT 2. Site known as "Bronco Water Tower" Equipment to be installed Personal Commumeatlons Serrates (PCS) transmitting and rece~wng eqmpment, cons~stlng of 2 Nortel S8000 BTS radio transceivers, batteries, rectifiers, and ancillary equipment Apphcat~on and frequency PCS (C-block 1975-1990 MHz, 1895-1910 MHz) Antennas 9 EMSRR90-18-00 (typical style), 120-foot centerhne (approximately 120-130 feet AGL) to be mounted on top of Water Tower using a Bracketmasters or similar Tripod mount Feedhnes 9 runs of 1-5/8" coax 2 Site known as "MeKenna Park Radio Tower" Eqmpment to be installed Personal Communications Services (PCS) transrmttmg and receiving eqmpment, cons~sttng of 2 Nortel S8000 BTS radJo transceivers, batteries, rectifiers, and ancillary eqmpmant AppllcaUon and frequency PCS (C-block 1975-1990 IVlHz, 1895-1910 MHz) Antennas 9 EMSRR90-18-00 (typical style), 120-foot centerhne (approximately 135-145 feet AGL) Feedhnes 9 runs of 1-5/8" coax EXHIBIT "A3" PREMISES DESCRIPTION / SITE PLAN Site known as "McKenna Park Radio Tower" ~ City of Denton Provided Not to Sosle Existing PrlmeCo Equipment Shelter Equipment Bldg Proposed Access / I ~), Utility Easement 25' x 200' Existing Tower ! (existing gate & madI I Telco I OH 17 EXHIBIT "A3" PREMISES DESCRIPTION / SITE PLAN (continued) Site known as "Bronco Water Tower" Antennas to be 4--'---'"--'-'"---'~r~ ountad on top of tank using · tripod mount 18 EXHIBIT "A3" PREMISES DESCRIPTION / SITE PLAN (continued) Site known as "Bronco Water Tower" Not to Stole Proposed Lease ama ITM (20' x 20') ~'' T ' -- Fenceline Proposed Access Utility Easeroent ~ T~c~^ (~ 25 x 200' ~ I OH ~ Power (existing road)'~ ~ OH S \Our Documents\Contract~00\Towcr Lease Agreement VolceStrearo Oper Co LLC Final doc 19 Agenda Item._. AGENDA INFORMATION SHEET AGENDA DATE August 15, 2000 DEPARTMENT Electric Utility ACM' Howard Martin, 349-8232 SUBJECT. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A POLE ATTACHMENT AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND METRICOM, INC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR AND THE COLLECTION OF RENTS THEREFROM, AND PROVIDING AN EFFECTIVE DATE BACKGROUND; Denton Mumclpal Elecmc (DME) has been approached by Metncom to enter into a (10) year agreement for the placement and maintenance of approximately 250 digital wireless commumeatlons radios The radios meet FCC requirements, are the size ora shoebox, and are to be mounted by DME personnel on existing street light arms Installation will not be allowed on decorative poles or in areas where aesthetacs will be compromised OPTIONS. 1 Proceed voth the project 2 Do not provide the service RECOMMENDATIONS. Staffrecommends authorization to proceed ESTIMATED SCHEDULE OF PROJECT July 2000 PRIOR ACTION/REVIEW (Conned, Boards, Commission}' Public Utilities Board approved on June 19th, 2000 FISCAL INFORMATION' Exlublt A BID INFORMATION' Not Applicable Exhibit A F~scal InformaUon Respectfully submitted Sharon Mays _~ ! D~rector of Electric Utdtt~es Prepared by Asststtnt D~rector, Operatmns 2 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A POLE ATTACHMENT AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND METRICOM, INC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR AND THE COLLECTION OF RENTS THEREFROM, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty of Denton and Denton Mumc~pal Electric ("DME") own and operate certain electrical faclht~es, ~nclud~ng electric hght standards and power d~stnbutaon poles, and WHEREAS, Memcom, Inc ("Metncom") is ~n the bus~ness of constructing, maintaining, and operating a wireless d~gltal data commumcatlons racho network known as "Ricochet", a network operated in accordance w, th regulations promulgated by the Federal Commumcatmns Commission ("FCC"), ut~hzlng radms and related eqmpment certified by the FCC, and WHEREAS, Metncom has been granted a franchise by the C~ty of Denton for the use and occupancy of the pubhc nghts-of-way of the City for wireless commumcat~ons purposes, pursuant to Ordinance No 99-436, enacted by the City Council on November 16, 1999, and duly-accepted by Metncom, and WHEREAS, Memcom, m the course of its business, and as contemplated by the above fl'anctnse ordinance, desires to attach, install, operate, and mmntaln a digital wireless commumcatlons radio network on facilities owned and operated by DME, and WHEREAS, the C~ty Cotmml deems it ~n the pubhc ~nterest to enter into a Pole Attachment Agreement w~th Metncom, NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the recitations set forth and contained in the foregoing preamble are expressly incorporated by reference into tins Orchnance SECTION 2 That the City Manager ~s hereby authorized to execute, on behalf of the C~ty, a Pole Attachment Agreement between the City of Denton, Texas and Metncom, [nc, provtchng for the attachment to the City's power chstnbutmn poles and electric hght standards of Memcom's wireless d~gltal data commumcatlons radio known as "Ricochet," substantially m accordance w~th the Pole Attachment Agreement winch is attached hereto and incorporated by reference herewith SECTION 3 That the expenditure of funds and the collectmn of rents as set forth m the Pole Attachment Agreement ~s hereby authonzed SECTION 4 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED tlus the day of ,2000 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By /~. ~ ~ S \Our D0ouments\Ordmances\00kPole Attachment Agrmt - Memcom 8 00 Ord doc THE STATE OF TEXAS COUNTY OF DENTON POLE ATTACHMENT AGREEMENT THIS AGREEMENT ("Agreement"), ~s made and entered into thru the day of ,2000, by and between the CITY OF DENTON, TEXAS, a Home-Rule C~ty, and a Mumc~pal Corporatmn lying m Denton County, Texas doing business as Denton Mummpal Electric ("DME"), and METRICOM, INC, a Delaware Corporatmn, duly organized to do business m the State of Texas ("METR.ICOM"), for the purposes and cons~deratmn hereinafter stated WHEREAS, DME owns and operates certain electrical facd~ttes, including electric hght standards and power d~stnbutmn poles, and WHEREAS, METRICOM ~s m the business of constructing, ma~ntmnmg, and operating a w~reless d~g~tal data commumcatmns radm network known as Pdcochet ®, a network operated m accordance w~th regulatmns promulgated by the Federal Commumcatmns Comm~ssmn ("FCC") utll~zmg Radios and related eqmpment certified by the FCC, and WHEREAS, METRICOM has been granted a franchise by the C~ty of Denton, Texas, for the use and occupancy of the public rights-of-way of the C~ty for wireless commumcatmns purposes, pursuant to Ordinance No 99-436 enacted by the Denton C~ty Counml on November 16, 1999, and accepted by METRICOM, and WHEREAS, METRICOM w~shes to attach, install, operate, and maintain a thg~tal wareless commumeatmns radm network on facd~t~es owned by DME, NOW, THEREFORE, the part~es hereby agree as follows 1 Definmons. 1 1 "Agreement" means thas Pole Attachment Agreement 1 2 "C~ty" means the C~ty of Denton, Texas 1 2 1 "DME" means Denton Mummpal Electric 1 3 "Effective Date" means the date tl:ns Agreement ~s approved by the Denton City Counml 1 4 "Fac~hty" or "Fac~lmas' means all street hght poles, hghtmg fixtures, mast arms, and power d~stnbut~on poles owned and operated by DIV~, located m the lmuts of City This term shall not include any property owned by another Person other than DME 1 5 "FCC" means the Federal Commumcatlons Commission, or its successor agency 1 6 "METRICOM" means Metncom, Inc, a corporation duly orgamzed and extstmg under the laws of the State of Delaware, and ~ts lawful successors, assigns, and transferees 1 7 "Person" means an individual, a corporation, a limited liability company, a general or limited partnerstnp, a sole propnetorsfup, a joint venture, a business trust, and any other form of business association 1 8 "Radio" means that radio equipment to be installed and operated by METRICOM hereunder 1 9 "Pdcochet" means the d~gltal wireless communications mlcrocellular radio network owned and operated by METI~COM 1 10 "Services" means the wireless digital communications services provided through Pdcochet by METRICOM 2 Scope of Agreement 2 1 Subject to the provisions of ttus Agreement, METRICOM shall have the right to use certasn Facilities owned by DME and located within C~ty's corporate hm~ts and within DME's elecmc utlhty service area for the purpose of attaching its Kadlos However, nothing ~n tins Agreement shall be construed to obhgate DME to grant METRICOM permission to use any particular Famhty If such penmsslon is refused, METRICOM may make any other arrangements ~t may wish to provide for ~ts equipment at the location ~n question, subject only to obtaining perrmsmon of DME with respect to locat~on and comphance with such specxficat~ons relating thereto as DME may prescnbe If pernuss~on to use any particular Famhty is refused, such refusal shall be reasonable and DME shall use commercmlly reasonable efforts to make another Fac~hty available for METRICOM's use 2 2 Tins Agreement does not grant a francluse to METRICOM for use of streets, alleys, pubhc thoroughfares, or public property, nor does ttus Agreement grant to METRICOM any easement nghts over pubhc or pnvate property or permission to make attachments or installation of equipment to poles of others If METRICOM shall at any tnne be prevented from placing or mamtawang its Radios on DME's Facfl~tles, no liability or respons~Nhty on account thereof shall attach to DME 2 3 All Facilities jointly used hereunder shall remain the property of DME, and no use of such Fac~htles, or payment made by lVIETRICOM hereunder shall create m METRICOM any ownersbap m any of smd Facfllttes Legal/Pole R~ntal Agreoment doc 2 3 Term 3 1 This Agreement shall be an interim Agreement and will terminate one (1) year from its effective date or sixty (60) days after the Cxty adopts the Texas Public Power Assomatlon ("TPPA") Standard Pole Rental Agreement, wluchever event is later, unless ~t is earlier terminated by either party m accordance w~th the prowslons hereof, and shall corranence on the Effective Date 4 Conditions of Use 4 1 METRICOM's use of DME's facilities shall at all t~mes conform to the reqmrements of the National Electrical Code, to the latest edition Natmnal Electrical Safety Code, to DME regulations and standards, and to all applicable ordinances, codes, resolutions, pohc~es and roles and regulations of the City, as applicable, as determined by DME METRICOM shall perform all work m a good and workmanhke manner, and shall ensure that Radios installed by METRICOM are safe and free of material defect m workmanship, material, and design METRICOM shall mtuntmn, at its sole cost and expense, by using DME-approved personnel, all Radios in good and safe cnn&tlon and repmr 4 2 In the event the mstallatlon of METRICOM's Ra&os would interfere with attachments already m place belonging to other parties, the location and method of attachments of METRICOM's Radios shall be decided by DME METRICOM shall not interfere in any manner with the existence and operatmn of any and all public and private rights-of-way, samtary sewers, water mtuns, storm drams, gas mains, poles, aerial and underground electric and telephone w~res, cable television, and other telecommumcatlons, utility, and mumclpal property wxthout the express written approval of the owner or owners of the affected property or properties 4 3 METRICOM's attachments of Radios shall be made and mtunttuned by DME- approved personnel at METRICOM's expense m a place and manner satisfactory to DIVlE Upon receipt of notice from DME that said attachments interfere with DME's property or any relocation, removal or rearrangement thereof, or endanger the public or ~ts employees, METRICOM shall, at its own expense, by using DME-approved personnel, alter, rearrange, reroute, nnprove or repmr stud attachments m such manner and m such reasonable tn-ne frame as DME may direct 4 4 Prior to attactung any Radios METRICOM shall deliver to the DME's other renters on the subject Facility written nottce of its scheduled approved attachments at least ten (10) working days prior to commencing attachments Upon request, DME will provide M~ETRICOM with the names of other renters 4 5 METRICOM shall comply with all applicable City, State and Federal laws, roles and regulations and shall obttun and comply with all apphcable perrmts, francluse agreements, nght-of-way agre~aents, and other con&tmns or resmctlons applicable to the Faclhttes, m the exercise and performance of its nghts and obligations under tlus Agreement Legal/Pole K~ntal Agroem~nt doc 7 3 4 6 Installation and mmntenance of METRICOM's Radios shall be at METRICOM's sole expense and performed only by DME-approved personneI 4 7 Before METRICOM may use any DME Famhty ~t shall file a pole attachment apphcataon wtth the DME on a copy of the current form therefor (Extnb~t "A" attached) and receive, In response thereto, a DME perm;t If, m the judgment of the DME, issuance of the permit as requested ~s undesnrable, the DME may thsapprove the apphcatmn, but any such disapproval shall not be unreasonable In any event, w~th~n fifteen (i5) days after apphcatmn fihng, DME w~lI gave METRICOM written not~ce of ~ts approval or &sapproval In the event METRICOM does not receive a written response to a permit apphcat~on w~tlun fifteen (15) days, such permit shall be deemed approved An approval may contain cond;tmns that shall be w~tlun DME's sole reasonable d~scretmn 4 7 1 Along w~th the apphcatmn, METRICOM shall prowde to DIvlE a s~gned and sealed statement from an Independent engmeenng firm that the proposed Fac~ht~es will support the Radms proposed to be attached thereto 4 7 2 In the event METRICOM's plans relat;ve to a proposed Fac~hty contact would necessitate changes m or adchtlons to DME's Facthtles, DME, as a conthtmn of approval, shall, w~tlun s;xty (60) days after receiving from METRICOM all the data DME may request for tins purpose, submtt to METRICOM a cost estimate for such changes and adthtmns and an esumated comptetmn date The estimate shall be for dtrect and ~ncurred out-of-pocket DlVlE costs and overhead METRICOM shall not receive allowances or credits for system betterment METRICOM's obhgatmn ~s not hrmted by the estimate, but METRICOM's obl~gatmn shall be to pay actual costs and overhead to DME 4 7 3 In the event more than one pole renter or franclusee files an apphcatlon for a permit on the same Famhty, all those filing such apphcatmns wutlun tturty (30) calendar days of each other shall be reqmred to bear DME's costs, changes and adthttons equally 4 7 4 Upon receipt fi:om each apphcant of their portmn of the cost estimate, DME will promptly proceed w~th the necessary work and shall dlhgently prosecute tt In no event, however, shall DME be hable to METRICOM or any other person for fmlure to complete the work at any date or as planned and estimated onganally 4 7 5 All b~lls hereunder shall be due at Denton, Texas Any amount owing to DME by METRICOM under tlus sectmn for wtuch a specific payment date has not been prescribed shall be b;lled to METRICOM upon completmn and shall thereafter be due and payable w~thm tha'ty (30) days after the b~ll thereof~s rendered Upon completmn of the work, DlvlE wtll render a bill for all ~ts actual costs and overhead thereon, to METKICOM Each past due b;ll and any unpmd balance thereon shall bear interest at the rate of ten (10%) percent per annum, or at the maxmaum legal rate of interest, wtuchever rate shall be lesser 4~8 METRICOM may not use a DME Facthty or any attachments thereon for a purpose other than for funnshmg Services, as defined hereto, according to the francluse granted by the C~ty 8 Le§al/PoI~ Rental Agre~raent doc 4 4 9 Nottnng here~n contmned shall be construed as affecting the rights, pnwleges, or duties prewously conferred and imposed by DME by contract or otherwise, to and upon others not partles hereto DME reserves the right to continue and extend such rights, pnwleges, or dutles, and to hereafter admit other and d~fferent pole renters, n'respect~ve of the character or degree of economic competmon thereby created DME shall notify METRICOM of permit apphcat~ons for use of Famlmes on wluch Radms are attached and shall use ~ts best efforts to ensure any attachments to FacHmes on wtuch Radms are attached shall not cause ~nterference w~th METRICOM's Radms and/or use of such FacHmes 4 10 DME may use, change, operate, and mmntmn ~ts Factht~es as ~t sees fit and shall not be hable to METRICOM for any damage to or ~nterference with the mmntenance of METRICOM's Radios resulting from operatmn and maintenance of ~ts Famht~es 5 Compensation 5 1 METRICOM shall pay rental to DME for ~ts attachments to DME Fac~htms hereunder at the rate of $84 00 per Radm attachment per calendar year of attachment ("Annual Fee") Rental charges shall accrue from and after the date that METRICOM attaches its racho eqmpment to a Facthty 5 1 1 The rental fee shall be ~ncreased effective October 1 of each year during the term hereof, begnmmg on October 1, 2001, based on the percentage change m the U S Department of Labor, Bureau of Labor Stat~stms, Consumer Price Index of all items, for the Dallas Metropohtan Stat~stmal Area that occurred dunng the prewous calendar year The new rental shall apply commencmg w~th the annual invoice next rendered and contmumg until agmn adjusted 5 1 2 Rental shall be payable m advance on October 1 of each year based upon the lnghest number of Rachos attached to Facthtles dunng any of the preceding twelve (12) months 5 1 3 DME represents and covenants that DME owns all Famht~es for the use of wtueh ~t is collecting from METRICOM the Annual Fee pursuant to tlus § 5 et seq 5 2 METRICOM shall pay all taxes and assessments lawfully lewed on its property Such taxes, when lewed by the C~ty, together wxth the rentals prowded hereunder, shall be exclusive of and m addltmn to the payments of the franctuse fee under METRICOM's francluse w~th the C~ty 5 3 The number of Radms installed on DIv[E Fac~hnes shall be field-checked every three (3) years, and m the event the field check reflects total installed Radms m excess of that shown by the cumulative total under "new balance" on the appropriate form, then ~t shall be presumed that such excess exlsted during the entire precedmg three years and DME shall b~ll and METRICOM shall pay an add~tmnal amount equal to the apphcable annual rate for all such 9 5 excess Ra&o mstallataons, muk~phed by 2 5 If such field check reflects fewer mstallatmns than shown by such cumulative total shown on the apphcable form, then bdlmg for installed Radms ex~stmg on the anmversary of the date on winch the first Radm was ~nstalled m the year m winch such field check ~s made shall be on the basis of the actual count as determined by the field check, and the cumulat~ve total on the applicable form shall be corrected accordmgly 5 4 In the event METRICOM mstalls a Radm w~thout the written approval of DME, METRICOM agrees to pay DME, upon demand, a charge of $84 00, m add~tmn to any rent lawfully owing DME thereon by METRICOM, for each such Radm installed or removed w~thout the written approval of DME 6 Removal and Relocation of Radios 6 1 METRICOM may at any tame request m wntmg the removal of ~ts Rachos by DME-approved personnel from any DME Fatality Removal of METRICOM's Radio(s) from any DME Famhty shall constitute a tennmatmn of METRICOM's right to use such Facd~ty untai such tame as a new apphcatmn ~s subnntted to DME ~f METRICOM subsequently desires to once again use sa~d Famhty 6 2 METRICOM shall not change the location of any of ~ts attachments or alter ~ts use of C~ty Fac~l~taes w~thout prior written C~ty consent, Much shall not be unreasonably condltaoned, delayed, or withheld, unless otherwise prowded m the Pught of Way Use Agreement between METRICOM and the C~ty of Denton, of even date herewith 6 3 Upon written notice by DME, METRICOM, at ~ts sole expense, shall change, alter, ~mprove, move, or remove any of ~ts Rachos by ut~hzmg DME-approved personnel, as DME may direct to avoid interference, as deterrmned by DME, w~th DME's use of or changes m its Famhtms Other than ~n case ofpubhc emergency, m the event METRICOM fmls or refuses to commence such work utthzmg DME-approved personnel w~tlun a reasonable tune [not more than ten (10) business days atler DIVI2E's written noUce] and complete the work w~tinn a reasonable tLme, DME acting for METRICOM, may perform or complete such work and METRICOM shall pay DIVI~ therefor its out-of-pocket costs and overhead However, m case of a pubhc emergency affecting the pubhc safety, as determmed by DME, written notace shall not be reqm~ed and DM~E may, at METRICOM's expense, relocate, remove or alter METRICOM's attachments, transfer such attachments to substituted poles or perform any other work m connection with the equipment that may be reqmred by DME, w~thout any habd~ty to METRICOM, beyond the cost of any damages to Radm, or to any other person METRICOM wall reanburse DIVlE for the actual costs recurred to relocate, remove, or alter METRICOM'S attachments under such emgent c~rcumstances As used hereto, "emergency" shall mean those sltuaUons m wlnch correctmn or actmn ~s necessary to prevent or correct an munechate threat to the health or safety of the pubhc 6 4 In the event that any Kadm subject to tins Agreement ~s abandoned and no longer placed m service for a period of mx (6) months or more, METRICOM shall promptly not~fy DME, and DME, at ~ts optmn, may reqmre METRICOM to promptly remove the abandoned Radm(s) at METRICOM's sole cost and expense DME shall not ~ssue notme to IVlETRICOM lO6 Legal/Polo Rental Agm~rn~nt doc that DME mtends to exercise the optmn to reqmre removal of Radms unless and untui DME first g~ves fifteen (15) calendar days' pnor not,ce to METRICOM to remove the Radms If METRICOM shall fatl to remove the Radms as reqmred by DME, DME shall be entitled to remove the Kadms at METRICOM's sole cost and expense 6 5 Upon tenmnatmn of t/us Agreement, pole rentals shall cease and DME shall remove the radms at METRICOM's sole expense w~thout any hab~hty therefor Prowded, however, that ~f METRICOM ~s m arrears w~th ~ts payments, or has not comphed w~th all the prowsmns of this Agreement, sand eqmpment may be retanned by DME to secure such payment and performance 7 Operation of Radios. 7 I In the event the mstallatmn or operatmn of METRICOM's Radios ~llegally interferes w~th radm, telephone, telegraph or broadcast receptmn or other regularly used commumcatmn or s~gnahng arrangement, METRICOM shall ~mmed~ately proceed to ehm~nate at ~ts expense, the cause of such interference by altenng, rearranging, or changing the ~nstallatmn or operatmn of ~ts Radms or any other method necessary to ehmmate sand cause If ~t ~s detemuned that such interference has been caused by ~mproper mstallatmn of METRICOM's Radms, by DME-approved personnel at Metncom's d~rect~on, and the determmatmn was made by C~ty at ~ts expense, METRICOM, when requested by C~ty, shall retmburse C~ty for any expense in connection therewith w~thout delay 7 2 W~th respect to Radios for which METRICOM requests electric servme, C~ty shall supply such servme ~f the proper voltage ~s avanlable at the requested locatton If proper voltage is not avanlable, the prowmons of paragraph 4 7 2 shall apply DME and METRICOM hereby agree that for the term of this Agreement that a power and energy cost of service factor amount of $24 00 per calendar year per pole attachraent shall apply for each METRICOM radio attached to the DME Facilities dunng the term of th~s Agreement, winch ~s mcluded w~thm the rental amount prowded for m paragraph 5 1 heremabove The $84 00 per calendar year Annual Fee per pole attachment set forth m paragraph 5 1 consists of the $60 00 per pole attachment calendar year base rental amount, together w~th the $24 00 per pole attachment calendar year power and energy cost of service factor 8 Insurance and Indemnffieation 8 1 Insurance coverage manntanned by METRICOM pursuant to ~ts franchise w~th DME shall extend to all actlwt~es covered by this Agreement 8 2 METRICOM shall furmsh and maintain bond m the amount of Thirty Dollars ($30 00) per Rathe to guarantee the payment of any sum that may become due to DME for rentals and for work performed for the benefit of METRICOM under tins Agreement, including the removal of Kadms upon termination of this Agreement by any of~ts provlsmns The amount of such,bnnd ~s subject to increase at any tnne, and from time to trane to such amount as DME may reasonably determine to be necessary m consideration of the expansmn of METRICOM's Legal/Polo Rental A~e~rnent doe ] 1 7 system and as other relevant condltlons may warrant The bond shall be in a form substantially similar to Exinb~t B attached hereto 8 3 METRICOM shall provide to DME proof of Workers Compensation Insurance, General Commermal Llab~hty Insurance coverage with policy lnults m the amount of no less than One Mllhon Dollars ($1,000,000) each, w~th DME named as an additional insured, to the extent permitted by law 8 4 METRICOM shall mdemnlfy and save City, its officers, officials, employees, and agents harmless from all clmms, demands, loss, damages, cost, expense, liabilities, judgments, fines, charges, penalties, administrative and judicial proceedings and orders, and all costs and expenses recurred m connection therewith, including, w~thout limitation, reasonable attorney's fees and costs of defense, resulting from, or ansmg chrectly or indirectly, m whole or m part, out of any acmdent or occurrence causing ~njury or death to any person, or injury, destruction or loss of any prop~u'ty, due d~rectly or indirectly to the neghgent or wrongful use or occupancy of smd Famht~es (including all structures and other nuprovements thereon) by METRICOM or any other person holding for, through, or under METRICOM, except m no event will METRICOM mdemmfy for the negligence or willful misconduct of the City or DME, ~t officers, officials, employees and agents In the event that any action or proceedings shall be brought agmnst City by reason of any clmm covered by flus paragraph, METRICOM, upon written notice from City, w~ll, at METRICOM's sole cost and expense, resist and defend same 8 5 METRICOM waives any and all clmms, demands, causes of action, and rights it may assert agmnst DME on account of any loss, damage, or injury to any Radio or any loss or degradation of the Services caused by an event or occurrence that is caused by force majeure, or is beyond the reasonable control of DME 9 Transfer or Assignment 9 1 Tins Agreement shall not be assigned by METRICOM without the express written consent of DME, wtuch consent shall not be unreasonably wuthheld or delayed Any attempted aaslgranent m vlolaUon of flus promslon shall be void The transfer of the nghts and obhgatt0ns of METRICOM to a parent, subslchary, or other affiliate of METRICOM, or to any successor m interest or entity acqun'mg fifty-one percent (51%) or more of METRICOM's stock or assets shall not be deemed an assignment METRICOM shall g~ve DME thn'ty (30) calendar days' prior notice of any such transfer Tl~s Agreement is binding upon the successors and assigns of the part,es hereto 10 Notice. 10 1 Whenever m tbas Agreement notice ~s required to be g~ven by e~ther party hereto to the other, each no'ace unless otherwise expressly promded, shall be m writing and mmled first class, or otherwise dehvered, as to the C~ty to City Manager City of Denton, Texas L~gaFPole P,~nta[ Agreement doc ] 2 8 215 East MclQuney Street Denton, Texas 76201 And as to METR.ICOM to Metncom, lnc 980 Umvers~ty Avenue Los Gatos, Cahforma 95032 Arm Property Manager 10 2 Notmes shall be deemed g~ven upon receipt ~n the case of personal dehvery, three (3) days after deposit m the mml, or the next day m the case of overmght courier E~ther party may from tune to tune designate any other address for tins purpose by written notme to the other party m the manner set forth above 11 Termmatlon 11 1 Tins Agreement may be terminated by e~ther party upon tinrty (30) calendar days' pnor notme to the other party upon a default of any material covenant or term hereof by the other party, Much default ~s not cured w~ttun tlurty (30) calendar days of receipt of written notme of default If such default m not curable w~thm tinrty (30) calendar days, tins Agreement may be terminated ~fthe defaulting party fmls to coramence such cure w~tinn tinrty (30) calendar days or fmls thereafter to &hgently prosecute such cure to completmn However, the grace period for any monetary default ~s ten (10) calendar days from receipt of not~ce 11 2 If tlus Agreement ~s terrmnated because METRICOM has defaulted m any of ~ts matenal obhgatmns under tlus Agreement, METRICOM shall utilize DME-approved personnel to remove ~ts eqmpment and materials from Fac~htms w~thm tinrty (30) calendar days from the cure period In the event METRICOM falls or refuses to ut~hze DME-approved personnel to remove ~ts eqmpment and materials or to the extent ~t has otherwise failed to complete such removal w~thm the thu'ty (30) day period, ~t w~ll be deemed to have abandoned ~ts matenals and eqmpment to DME and the property shall munedmtely become the property of DME 11 3 If METRICOM should default m the removal of ~ts eqmpment and materials w~tInn the t~me frame allowed for such removal or should default m the performance of any other work which ~t ~s obhgated to do under this Agreement, and ~f DME elects not to take t~tle to eqmpment and materials of METRICOM, DME may elect to do such work at METRICOM's sole risk and expense, and METRICOM, on demand, will reimburse DME for the enttre expense thereby recurred, including out-of-pocket costs and overhead 11 4 The failure of DME to ~fforce any prowsmn of tins Agreement m any instance shall not be construed as a wmver or rehnqmshment on ~ts part of any such prowsmn but the same shall nevertheless be and remain m full force and effect 12 MJscellaneous Legal/Pale t~ntal Agreement doc ] 3 9 12 1 If any section, subsection, or other portion or provision of tins Agreement is for any reason held to be invalid by the decision of any court or federal or state authority of competent junsthctlon, such section, subsection, or other portmn or provision shall be considered a separate, distinct and independent part of tins Agreement, and such decision shall not affect the validity and enforceab~hty of all other portions of this Agreement 12 2 Tlus Agreement shall be governed m all respects by the laws of the State of Texas, and any venue of any actmn brought under the provisions hereof shall be m Denton County, Texas 12 3 METRICOM understands that tins Agreement does not provide METRICOM with exclusive use of any Famlmes and that DME shall have the right to permit other providers of wireless and/or telecommumcatlons services to install equipment or dewces on the Faclhtms 12 4 This Agreement contains the entire understandtng between the parties with respect to the subject matter hereto There are no representations, agreements or understandings (whether oral or written) between or among the parties relatmg to the subject matter of tins Agreement that are not fully expressed hereto 12 5 Tins Agreement may not be amended except pursuant to a written instrument signed by both pames 12 6 METRICOM shall be avmlable for d~rect commumcatlon by employees of DME twenty-four (24) hours a day, seven (7) days a week, regarding any problems or complmnts resulting from the attachment, installation, operation, maintenance, or removal of the Radios DME may contact METRICOM at (800) 873-3468 regarding such problems or complmnts 12 7 All extnb~ts referred to m tins Agreement and any addenda, attachments, and schedules which may from tn-ne to tune, be referred to in any duly executed amendment to tins Agreement, are by such reference incorporated in tins Agreement and shall be deemed a part of tins Agreement 12 8 To the extent that City has actual knowledge thereof, DME will attempt to inform METRI¢OM of the d~splacement of any Fac~hty upon wluch any Racho m located 12 9 Attachment shall be made only to street hght arms and not to decorative hghtmg or transnusslon poles 12 10 Only one attachment shall be made to any smgle street light arm Multiple transceivers shall not be permitted 12 11 DME-approved personnel shall perform all work on DME famhtles per a schedule of services and charges agreed to by separate instrument between METKICOM and DIvlJE Tins schedule ~s entitled "Schedule of Values" consisting of five (5) pages, and is attached hereto as Exinblt "C," and is incorporated by reference herewith Lc§al/Pole Rental Asroement doc ] 4 10 IN WITNESS WHEREOF, the part~es hereto have executed duphcate original counterparts o£ttus Agreement, on the day and year first above written CITY OF DENTON, TEXAS A Texas Mummpal Corporatton By M~chael W Jez, C~ty Manager ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY METRICOM, INC A Delaware Corporation ATTEST //~ /~ CSRP0?AIE 0PS Approved As To Form ROW Legal Department By (~) / By rC/t/~//5,0/¢~ 15 Legal/Pole R~ntal Agreement doc 1 1 POLE ATTACHMENT APPLICATION PROCESS The following procedure ~s to be followed by all Licensees and/or Franctusees seeking to make new attachments on Denton Mummpal Electnc's ("DME") poles Note that no enUty may make any attachments to DME's poles without hawng first entered into a blndmg Pole Attachment Agreement 1 A Lmensee and/or Franctusee seeking to make new attachment(s) shall obtmn an Apphcatmn for Permit from DME (attached) 2 A Lmensee and/or Franchisee shall have a professional engmeer complete a Pre- Permit Survey wlnch will rewew the design of the proposed attachment(s) to deternune the feas~blhty of the request and ~dent~fy any necessary make-ready work to accommodate the attachment(s) 3 A Licensee and/or Francbasee shall submit the completed Apphcatmn for Permit ~ncludmg a copy of the Pre-Permit Survey design calculations and recommendatnons on make-ready work The engmeenng analysis must be mgned and sealed by a profesmonal engineer 4 DME will rewew the professional engmeer's recommendatmns and d~scuss any ~ssues with the Licensee and/or Francbasee 5 DME will complete the make-ready work according to the terms of the Pole Attachment Agreement 6 DIvIE will s~gn and return the Apphcatmn for Permit authorizing the Licensee and/or Franctusee to make ~ts attachment(s) 06/26/00 MSC EXI4IBIT "A' APPLICATION FOR PERMIT Apphcat~on Date __/ To Denton Mumc~pal El¢ctnc Attn Dan Scott / Rowdy Patterson 901-A Texas Street Denton, Texas 76201 Desire to Attach to Poles Desire to Vacate Poles Narrative descnptmn of proposed acttmty In accordance wtth the terms and conchtaons of the Lmense or Franchise Agreement dated , apphcatmn ~s hereby made for a p~-rntt to occupy/and or vacate the poles m the locations detailed on the attached F~eld Data Sheets and Map Designs and pursuant to the attached "M~mmum Demgn Rewew Informatmn" L~censee and/or Franchisee have attached a Pre-Permit Survey that has been cerafied by a profesmonal engineer experienced w~th elecmc utthty facd~Ues The engineer's name ~s The engineer's regmtrat~on number ~s hcensee/Franch~see Contact Person S~gnamre T~tle Telephone No Perm~ssmn ~s hereby granted to Lmensee and/or Franchisee to attach and/or vacate poles hsted on the attached F~eld Data Sheets, subject to ~ts payment to DME of the necessary make-ready work charges as attached Date UUhty Approved By S~gnamre T~tle Date / / Telephone No S \Our Documonts\Contract~\00~Po|e Atlachment Instmctmns & Apphcatlon Memcom Ex doc 06/26/00 MSC 17 Page 13 TEXAS STATUTORY PERFORMANCE BOND (Public Works) Bond No KNOW ALL MEN BY THESE PRESENTS THAT, Metncom, I_nc (hereinafter called the Pnnc~paI), as pnnc~pal, and ., a corporation orgarnzed and ex~stmg under the laws of the State of Texas, hcensed to do bus~ness ~n the State of Texas and admitted to wnte bonds, as surety, (hereinafter called the Surety), and held and firmly bound unto the C~ty of Denton, Texas (hereinafter called the Obhgee), m the amount of (Dollars) ($ ) for the payment whereof, the sa~d Principal and Surety brad themselves and their he,rs, adm~mstrators, executors, successors, and assigns, jointly and severally, firmly by these presents WItEREAS, the Pnnc~pal has entered ~nto a francluse agreement w~th the Obhgee, dated the day of ., , for winch agreement ~s hereby referred to and made a part hereof as fully and to the same extent as ~f cop~ed at length hereto The term of tins bond ~s for one year beg~rmmg and ending Ttus bond ~s subject to renewal annually by execut~un of a new bond NOW, THEREFORE, TIlE CONDITION OF THIS OBLIGATION IS SUCH, That ~fthe sa~d Pnnc~pal shall fa~ttffully perform the work ~n accordance w~th the plans, specifications and agreement documents, then, tins obhgat~on shall be null and void, otherwise to remaan ~n full force and effect, PROVIDED HOWEVER, that ttus bond ~s executed pursuant to the prov~smns of Chapter 2253 of the Texas Government Code and all habdmes on th~s bond shall be determined m accordance w~th the prows~ons, cond~tmns and hnutat~ons of smd Chapter to the same extent as ~f~t were cop~ed at length hereto IN WITNESS WItEREOF, the smd Pnnc~pal and Surety have s~gned and sealed tins instrument tins _ day of ,2000 EXI4qRIT "B" Page 14 Pnnc~pal METRICOM, INC By Surety By S\OurDocument~\Contracl~\00~PefformanceBond TX Statutory Metncomdoc Page 15 Contract No Exhtbtt C Schedule of Values 7/20/00 EXHIBIT C SCHEDULE OF VALUES A UNITPRIcE SCI-IEDULE B TIME & EQIXPMENT SCHEDULB C STREET LIGHT POLE FIELD VERIFICATION Page 1 of 1 Memcom Confidennal & Proprietary Not for disclosure w~thout wntten penmsmon 20 Contract No Exhzbtt C Schedule of Values 7/20/00 A UNIT PRICE SCHEDULE The Contractor shall prepare a finn fixed umt price proposal for the items llsted below ITEM DESCRIPTION OF WORK EST UNIT TOTAL UNITS PRICE VALUE NEW INSTALLATIONS A1 Attach poletop radio to streethght arm bracket and $66 00 connect power adapter to photoelectric cell base Reconnect photoelectric cell cap Umt EA A2 Install mast arm on wooden utxhty pole Attach poletop $108 00 radm to mast arm Pull 2-# 10 AWG cable through mast arm and connect to electric secondary service on utility )ole Unit EA A3 Install mast arm on wooden utxhty pole Attach poletop $100 00 radm to mast arm Pull 2-#10 AWG cable through mast arm and leave looped at base of mast arm and pole attachment Unit EA A4 Connect 2-#10 AWG cable for power tap for existing $35 00 poletop radio to electric secondary servme on ut~hty pole only Material for secondary power tap supphed by contractor Umt EA REMOVALS E1 Remove poletop radm and mounting hardware installed $66 00 mthemannerof~temA1 Unit EA E2 Remove poletop radio and mounting hardware installed $108 00 m the manner of item A2 Umt EA E3 Remove power tap to secondary sermce on utility pole $34 00 installed m the same manner as ~tem A4 Unit EA E4 Remove electric w~re for power tap fi.om base of N/A streetllght pole to poletop radm attachment on the top of the pole Unit EA OPTIONAL An all-reclusive item of work can be employed for ease of~nvmmng Installation and removal umts fi.om the worksheet above should be summed and the all-mclus~ve price averaged across all un, ts ITEM DESCRIPTION OF WORK UNITS PRICE VALUE Z1 All-inclusive Installation & Removal N/A Page 2 of 2 Metncom Corffidentlal & Proprietary Not for dmclosure without written perrmsmon 2~ [ ContractNo Exht&t C Schedule of Values 7/20/00 ] ITEM DESCRIPTION OF WORK EST UNIT TOTAL UNITS PRICE VALUE MAINTI~NANCE I~PLACEMENTS M1 Remove existing poletop re&o, or whip antenna, or $66 00 photoelectric cell power adapter, or all, and replace new m the same manner Umt EA M2 Remove short mast arm or electric secondary semce tap $128 00 from wooden utlhty pole, and replace new m the same manner as item A2 Umt EA M3 Remove eleclnc wire for power tap from base of N/A s~'eethght pole to poletop ra&o attachment on the top of the pole, and replace w~th photoelectric cell power adapter Umt EA M4 Power-off poletop ra&o by removing photoelectnc cell $35 00 cap, walt 2 minutes, andreplace Unit EA RELOCATIONS R1 Relocate exmtmg poletop radio from one she to another $160 00 in the same manner as item A1 Umt EA R2 Relocate exmtmg poletop radio from one rote to another $200 00 m the same manner as item A2 Umt EA GSA SPECIALS S 1 Install poletop radio on traffic mgnal m manner of N/A Metncom specification no __ Umt EA OPTIONAL An all-~nclumve ~tem of work can be employed for ease oflnvmc~ng Replacement and r~locatlon units from the worksheet above should be summed and the all-mclumve price averaged across all umts DESCRIPTION OF WORK UNITS PRICE VALUE All-In¢lumve Maintenance and Relocations N/A 1 The above umt pnces shall be reclusive of Contractor's overhead and profit reqmrement 2 All other Contractor costs including mobthzatlon, taxes, transportation, traffic control, and travel between installation rotes shall be included ~n the above umt prices 3 Work units performed under the aforementioned cntena shall be thoroughly documented by the Contractor Tnne and production sheets attesting to such work shall be subrmtted with the monthly reqmmtlon Page 3 of 3 Metncom Confidentml & Proprietary Not for &sclosure without wntten permmmon I Contract No £xhtbtt C Schedule of Values 7/20/00 I B TIME & EQUIPMENT SCHEDULE In general, poletop radios shall be installed in accordance with agreed unit costs In certain circumstances, the umt prices may not be applicable The Contractor shall prepare a firm time and eqmpment cost proposal for the labor and equipment categories hsted below Category Labor Rate per Hour Equipment Rate Standard Premmm 0vertlme Benefits Dues Hourly Monthly 1 Project Manager 2 Supenntendent 3 Foreman 4 loumeyman Lineman $35.00 $52 50 5 Lineman 6 Streethght Techmcmn 7 Lineman Apprentice 8 1Traffic Control Techmman 9 Flag Person 10 Pohce Detml 13 [~I~-Ranger Bucket Truck $40 00 14 Rack-body Truck 15 Eqmpment Van 16 Mobile Telephone 17 Two-way Radto 18 pager T&E payment for Contractor work shall be the remedy for non-standard work not oovered by the Item Price Schedule above Metncom shall designate non-standard work and both part,es shall agree upon the execution oftlns work m advance of being performed by the Contractor Page 4 of 4 Metncom Corffidentml & Proprietary Not for dasclosure w~thout written penmsslon 23 [ Contract No F, xh~b,t C Schedule of Values 7/20/00 3 T&E rates shall be pa~d ~f extenuating circumstances muse that preclude adherence to the normal mstallatlon schedule These c~rcumstances must not be caused by the contractor and must not arise because of subcontractor m~smanagement, lack of coorthnat~on, failure to coordinate sufficient personnel m a t~mely manner, failure to coordinate materials m a trmely manner, failure to conduct safe practices, or failure to obey local codes and laws Lack of progress by the contractor due to accidents shall not be sufficaent cause to revoke T&E rates 4 The apphcat~on of T&E rates for work performed under the aforementioned cntena shall be thoroughly documented by the contractor T~me sheets attesting to such work shall be subnntted w~th the monthly reqmslt~on 5 The above rates shall be lnclus~ve of Contractor's overhead and profit reqmrement 6 All other Contractor cost including mobilization, taxes and, transportatmn shall be included m the above T&E rates 7 Eqmpment rates shall remain vahd for one calendar year from execution of tins agreement or for the duration of the contractor's work under tlus agreement 8 Labor rates shall remain vahd for one calendar year ~om execution of this agreement or for the duration of the prevahng umon contract labor rates 9 Over the hfe of this agreement labor and eqmpment rates shall escalate annually based on the pubhshed CPI C STREET LIGHT POLE FIELD VERIFICATION ITEM DESCRIPTION OF WORK UNITS PRICE VALUE MISC Street Light Pole Field Verification using Metr~com N/A N/A N/A supphed GPS umt and laptop vnth so/hvare loaded / PTI) (Pole Top Desxgn Tool) to locate usable poles m Denton Memcom Confidential & Proprietary Not for disclosure vathout written pemnss~en 24 Agenda No ~- ' Agendaltem., ,~ / _ AGENDA INFORMATION SHEET Oate ~,//-5-/06~ ,,, AGENDA DATE' August 15, 2000 DEPARTMENT Fiscal Operations, Tax Department ACM' Kathy DuBose ~ SUBJECT Consider a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 5, 2000 City Council Public Meeting Agenda to adopt a 2000 tax rate that will exceed the lower of the rollback rate or 103 percent of the effective tax rate, calhng a public hearing on a tax increase to be held on August 29, 2000, requiring publication of a Notice of Public Heanng on a tax increase m accordance with the law, and providing an effective date BACKGROUND Municipalities are required to publish their rollback tax rates m the newspaper, along with the effective tax rate and other required schedules The rollback tax rate divides the overall property taxes into two categones--malntenance and operations (M&O) taxes and debt service taxes Taxing units are allowed by law an eight (8%) percent ~ncrease in operating (M&O) taxes The effective tax rate is generally the property taxes divided by the current year's taxable values of properties that were on the tax roll in both years This rate excludes taxes on properties no longer in the taxing umt and also excludes the current taxable value of new properties The City of Denton's effective rate ~s $ 47426/$100 valuation and the rollback rate is $ 55352/$100 valuation The City of Denton's proposed tax rate is $ 52815/$100 valuation and does not exceed the rollback rate but ~s greater than 103 percent of the effective tax rate As you know, this proposed rate includes a two (02¢) cent increase for the debt service category that will pay for the accelerated bonds of the five (5) year bond program approved in January 2000 The Property Tax Code specifies that "if a taxing unit (other than a school dlsmct or small taxing unit) proposes a 2000 tax rate that exceeds the lower of the rollback rate or 103 percent of the effective tax rate, the taxing umt's governing body must vote to place the proposal to adopt the rate on the agenda of a future meeting as an actmn item" If the motion passes, the governing body must schedule a public hearing on the proposal ESTIMATED SCHEDULE 08/15/00 Vote to place Proposal on Future Agenda 08/20/00 Publish Required Notice 08/29/00 Hold Public Heanng 09/03/00 Publish Second Required Notice 09/05/00 Adopt Tax Rate PRIOR ACTION/REVIEW The Blue Pdbbon CIP Committee developed and unanimously approved the recommendation of a $34 02 m~lhon Capital Improvements Program Both the City Council and Planning and Zoning Commission unanimously approved the recommended program The City Council then unantmously approved a funding option for the program that would implement a two- cent tax increase m both the second (2000-01) and third (2001-02) years, three-quarters of a cent m the fourth (2002-03) year and a one-quarter cern tax increase m the fifth (2003-04) year The proposed tax rate is included m the proposed 2000~0! Annual Program of Services and was discussed during the budget workshop held on August 4, 2000 FISCAL INFORMATION The proposed property tax rate should generate $16,159,471 o£whmh $9,774,927 is budgeted to support general fund servmes and $6,384,544 is budgeted for debt service Respectfully submitted D(a~ G 0rtlz Director of Fiscal Operatmns RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PLACING A PROPOSAL ON THE SEPTEMBER 5, 2000 CITY COUNCIL PUBLIC MEETING AGENDA TO ADOPT A 2000 TAX RATE THAT WILL EXCEED THE LOWER OF THE ROLLBACK RATE OR 103 PERCENT OF THE EFFECTIVE TAX RATE, CALLING A PUBLIC HEARING ON A TAX INCREASE TO BE HELD ON AUGUST 29, 2000, REQUIRING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON A TAX INCREASE IN ACCORDANCE WITH THE LAW, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council desires to adopt a tax rate of $ 52815 per $100 valuation, which will exceed the lower of the rollback rate or 103 percent of the effective tax rate, m accordance with the mqmrements of the Tex Tax Code ch 26 and to schedule a public heanng on the proposed tax increase, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The City Council desires to adopt a tax rate for the 2000 tax year of $ 52815 per $100 per valuation that will exceed the lower of the rollback rate or 103 pement of the effective tax rate SECTION 2 The City Council hereby approves the placement of an item on the September 5, 2000 City Council public meeting agenda to vote on a proposed tax rate orS 52815 per $100 valuation that will exceed the lower of the rollback rate or 103 percent of the effective tax rate S~CTION 3 The City Council hereby calls a public heanng on the proposed tax increase to be held in the City Council Chambers at City Hall located at 215 East Mclrdnney Street in Denton, Texas 76201 on August 29, 2000 at 6 00 p m The public heanng will not be held until at least seven days after notice of this public heanng has been published in the Denton Record- Chronicle, a newspaper having general circulation within the City, in the form of the attached Notice of Pubhc Heanng on a Tax Increase, which is made a part of this resolution for all purposes The City Manager and the Assistant City Manager for Fiscal & Mumclpal Services are hereby directed to publish smd notice m accordance with this resolution and in accordance with Tex Tax Code §26 06 At the public heanng, the City Council will afford adequate opportunity for both proponents and opponents of the tax increase to present their views SECTION 4 Tlus resolution shall become effective immediately upon its passage and approval at a regular meeting of the City Council of the City of Denton, Texas on this the 15th day of August, 2000, at wluch meeting a quorum was present and the meeting was held in accordance w~th the provisions of Tex Gov't Code §551 001, et seq The City Secretary is hereby directed to record this resolution and the vote on the proposal to place the item for a tax increase on the September 5, 2000 City Council agenda PASSED AND APPROVED th~s the day of ., 2000 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM Councflmember (~ Voted For Voted Agmnst Euhne Brock, Mayor Rom Beasley, Mayor Pro Tern Mark Bml'oughs Mtke CoChran Neff Durrance Sandy Knstoferson Carl Young, Sr Page 2 S \Our DocumentsLResolut~ons~00\tax pubhc heanng doe Agenda No ~~ eate~ AGENDA INFORMATION SHEET AGENDA, DATE August 15, 2000 DEPARTMENT Legal Department CM/DCM/ACM Herbert L Prouty, City Attorney SUBJECT - An ordinance authorizing the City Manager to enter into a professional service agreement wtth Diversified Utd~ty Consultants, Inc to provide testimony as expert w~tnesses and related consulting services m the City of Denton vs Texas Utilities Company, et al, lttlgat~on anthonzmg the funds therefore, providing retroactive effect, and providing an effective date BACKGROUND - In December of last year D~versffied Utdlty Consultants, Inc (DUCI) completed its audtt of TXU Electric and Gas showing approximately 1 1 mflhon dollars m dehnquent franchise fees due and owing Prevmusly, m November of last year, TXU Electnc's franchise expired Although the City tried to negotmte an extension of the franchise, and resolve thc delinquent franchise issues w~th TXU, we were unable to amvc at a settlement of these matters Accordingly, in June of th~s year, we filed lmgatlon against TXU Gas and Electric styled the City of Denton vs Texas Utflttms Company, et al ~n the 393~d Judicial D~stnct Court In order to support this htigatlon we need to employ DUCI as expert witnesses to prowde ewdence in the case DUCI in additmn to performing the audits of TXU Gas and Electric, also was employed to review the rate increase request by then Lonestar Gas, now TXU Gas m the spnng of 1999 and is currently under contract w~th the City to develop a new electric service rate design for Denton Mumc~pal Electric PRIOR ACTION REVIEW - The City Council previously authorized the hmng of DUCI to perform the autht on TXU Gas and Electric It also anthonzcd the current stat to attempt to collect delinquent franchise fees from TXU Gas and Electric OPTIONS. 1 C~ty Council can approve the C~ty Manager's execution of tlus contract authorizing the hmng of DUCI to perform the lttlgat~on support services 2 The Council can refuse to approve the profesmonal services contract w~th DUCI We recommend Option 1, that the Counml approve the contract FISCAL IMPACT - The contract would be for a maximum fee not to exceed $75,000 00 The hourly rates of Darnel Lawton and Jacob Pous of DUCI would be charged at $195 00 per hour wtule Sara Coleman will provide services at $150 00 per hour Respectfully s~d, C~ty Attorney ORDINANCE NO AN ORdINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICE AGREEMENT WITH DIVERSiFIED UTILITY CONSULTANTS, INC TO PROVIDE TESTIMONY AS EXPERT WITNESSES AND RELATED CONSULTING SERVICES IN THE CITY OF DENTON VS TEXAS UTILITIES COMPANY, ET AL, LITIGATION AUTHORIZING THE FUNDS THEREFORE, PROVIDING RETROACTIVE EFFECT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Diversified Utility Consultants, Inc (DUCI) performed audits for the city on TXU Gas and Electnc which resulted m a finding of significant delinquent franchise fees, and WHEREAS, based in part on DUCI's findings, the city has filed litigation entitled City of Denton vs Texas Utilities Company, et al, in an attempt to collect delinquent franctuse fees, and WHEREAS, through the work on the audit and through a separate contract with the City to provide consulting services for development of a new electrxc service rate design for Denton Mtm~clpal Electric DUCI has demonstrated the competence and qualifications to perform these professional services, and WHEREAS, whereas the City Council deems it the pubhc interest that the City enter into a professional services contract with DUCI to provide litigation support services, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to enter into Professional Services Agreements with Diversified Utility Consultants, Inc, substantially m the form of the Professlo~aal Services Agreement attached, which is incorporated herewith by reference, to prowde expert testimony and other litigation support services in the ht~gatlon styled City of Denton v~ Texas Utilities Company, et al SECTION 2 That the City Manager is hereby authorized to make the expenditures and take the aetlons set forth m the attached Professional Service Agreement SECTION 3 That any services previously performed by DUCI m support of this litigation ,are hereby ratified and retroactively approved from and after June 1, 2000 SECTION 4 This ordinance shall become effective immediately upon it's passage and approval PASSED AND APPROVED this the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Page 2 PROFESSIONAL SERVICES AGREEMENT FOR EXPERT TESTIMONY AND LITIGATION SUPPORT SERVICES ST^T OF TEX S CO T¥ OF DE roN THIS AG~E~NT ~ mad~ ~d entered into ~ of thc .... day of , 2000, by md b~e~ the C~W of Denton, Texas, a Texas mumc~pal c~oratmn, wl~ ~ts pnnctpa[ offico at 215 East McKmney SWeet, Denton, Denton County, Tex~ 76201, h~emaffer called "O~ER" ~d D~vcmficd Utfl~W Consultants, Inc, w~ its co.orate office at 121 Roxm ~nv¢, State 110, Austin, Tex~ 78729, herema~er called "CONS~T~T." acting hereto, by ~d t~u~ their duly authorized r~rcsentat~ves WI~SSETH, that m constderahon of ~c covenants ~d agmemen~ hemm contmned, the proms hereto do mutually agree ~ follows ARTICLE 1 EMPLOYMENT OF CONSULTANT ~e O~ER h~eby con.acts w~ thc CONSULTS, as an md~dent ~n~actor, and ~e CONSULTANT hereby ~grees to perfom the se~mes hereto m co.etlon wt~ the Project ~ s~t~ m the secUons to follow, w~th diligence md m accord~ce w~ professional s~nd~ds custom.fly obtmned for such se~mes m the S~te of Tcx~ ~ofesslonal s~loes set out hereto are tn co~ect~on with thc following described project ~, Project shall include, w~thout lmutatmn, providing ~pe~ w~tness testimony and relat~ htlgaBon suppo~ seduces, along w~th any oth~ so.ices w~ch would be necess~ perfom such h~gaBon support se~mes m the case of C~ty of Denton vs Tex~ Ut~ht~es Company, et al, Cause No 2000-60109-393 m the 393~ Judmml D~smct Co~ of Denton County, Tox~ ARTICLE Z SCOPE OF SERVICES Th* CONS~TANT shall perfom the following se~mes ~n a pmfesston~ m~ A The CONSULTANT shall perfom all tlqose se~ces as necessa~ and as described m the CONS~T~T's letter proposal dated July 27, 2000, wffh CONS~TANT's cost proposal, wluch i~ a~ached hcr~o ~ Exhlbtt "A", to provide expert witness t~sumony ~d olher h~gat~on ,uppo~ s~xces to htxsatmn eounzel m the c~e of C~ of Denton vs Tcx~ Utilities Company, et al, Cause No 2000-60109-393 m ~e 393rd Dtstn~ Cou~ of Denton CounW, Texas Such se~mzs shall include, w~thout hmltatmn, prowdmg tcstxmony as expert w~tness to suppo~ thc findings oFconsult~t'8 ~ud~ts of TXU 0 9 200[ FROM DENTON CITY ATTORNEY FAg NO : 9405827925 05-07-00 05 46P P 04 Elcctnc mcindmg any rc'~ mom to these findings that result from documents produced or evidence recetved as a result of the above mentioned litigation B CONSULTANT shall cooperate fully with the law firm of Strasburger and Price and Bucek and Frank and the City Attorney In performing these services C CONSULTANT shall porfonll all those ~ervme$ set forth :n individual task orders, xf any, which shall be attached to this Agreement and made a part hereof for all proposes as separate agreements D If there is any conflict between the terms of ttus Agreement and the exinblts attached to tins Agreement, the terms and conditions of tins Agreement will control over the terms and conthtlons of the attached exinints or task orders ARTICLE 3 ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Basle Services, are described as follows A Any other ad&tlonal services specifically requested by the OWNER not included w,thm the scope of tins Agreement and its exhibits PERIOD OF $ERVICE Th~s Agreement chill become eff¢ctwe upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall rerna~n m force for the period which may reasonably be required for the completion of the Pro3eet, including Addmonal Servmes, ff any, and any reqmred extensions approved by the OWNER This Agreement may be sooner terminated In accordance with the provmons hereof Time is of the essence In this Agreement The CONSULTANT shall make all reasonable efforts to complete the services set forth hereto as expe&hously as possible and to meet thc schedule estabhshed by the OWNER m Exhibit "A", acting through its attorneys ARTICLE 5 COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outszd¢ finns for servmes Page 2 2 "D~rect Non-Labor Expense' ia defined as that expense for any assignment mcull~d by the CONSULTANT for supplies, transportation and equipment, tr~vel~ C01TIIllUIllOatlo~Is, subsistence, and lodging away from home, and similar Incidental expenses in connection wRh that asslgnmcnt B BILLING AND PAYMENT For and m consideration of the professional services to be pcrf'ormcd by the CONSULTANT herein the OWNER agrees lo pay, based on the cost ~shmate detail at an hourly rate shown in Exhibit "A" July 27, 2000 letter CONSULTANT to OWNER and attached manpower and cost reqmrements, a total fee, ll~cluchng reimbursement for &root non-labor expenses and all out of pocket expenses not to exceed $75,000 00 All out of' pocket expenses will be reimbursed at cost, internal copies will be relmburscd at a rate of $10 per copy, and internal computer time will be reimbursed at the rate of $10 O0 per hour Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through Its Assistant City Manager for Fiscal & Municipal Services and its City Attorney or his deslgnee~ however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The OWNER may vathhold the final five potent ($%) of tho contract amount until completion of the Protect Notlung contained m this Article shall require the OWNER to pay for any work which Is ullsat~sfactory, as reasonably determined by the City Manager or his designee, or which not subnutt~xt in comphanco with the terms of this Agreement The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under th~s Agreement It is specifically understood and agreed that the CONSULTANT shall not be anthonzed to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above thc lllaxtrllulrl not to exceed fee as stated, without first hawng obtmned written authorization from the OWNER The CONSULTANT shall not proceed to perform the services listed itl A.t'ttcle 3 "Add~tional Services," without obtmnmg prior written anthonzatlon from thc OWNER C ADDITIONAL SERVICES For additional services authorized in wntmg by the OWNER m Article 3, the CONSULTANT shall be pad based on the Schedule of Charges at an hourly rate shown in Exhibit 'A" Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance vath subsection B hereof Statements shall not be submitted more frequently than monthly D PAYiVII~NT If the OWNER fails to make payments due the CONSULTANT for services and expenses wlthtI~ 60 days allot receipt of the CONSULTANT's ulldlSpUted statement thereof, thc amounts duc thc CONSULTANT will be increased by the rate of Page 3 FROM DENTON CITY ATTORNEY FAX NO 940582?925 OS-S?-00 SS:4?P P S6 qne percent (1%) per month from thc said sixtieth (60th) day, and, in addition, thc CONSULTANT may, after g~wng seven da3, s' written notice to the OWNER, suspend services under this Agreernent until the CONSULTANT has been pad in full all mounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) set forth herein ff the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Anmle 5, "ColIlp~llsatloIl" ARTICLE 6 OBSERVATION AND REVIEW OF THE WORK The CONSULTANT wtll exercxse reasonable care and duc dlhgence in dlscovenng and promptly reporting to the OWNER any defects or defic~enctes in thc work of the CONSULTANT or any subcontractors or subconsultants ARTICLE 7 OWNERSHIP OF DOCUMENTS All documents prepared or furmshed by the CONSULTANT (and CONSULTANT's subcoatractors or subconsultants) pursuant ¢o this Agreement are instruments of service, and shall become the property of the OWNER upon ~he tenmnatton of flus Agreement The CONSULTANT ~s entitled to retain cop~es of all such documents The documents prepared and furmshed by the CONSULTANT are intended only to be applicable to this Pro. loci and OWNER's use of these documents m other projects shall be at OWNER's sole risk and expense In the event the OWNER uses any of the talon-sutton or materials developed pursuant to flus Agreemellt ~n another project or for other purposes than spec~tied herein, CONSULTANT ~s released from any and all liability relating to their use in that pro3ect ARTICLE 8 INDE?ENDENT CONTRACTOR CONSULTAN [ shall prowd¢ services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right arising from employee status ARTICLE 9 INDEMNITY AGREEMENT The CONSULTANT shall and hereby agrees to mdemmfy and save and hold harmless thc OWNER and its officers, agents, and crnployees from and against any and all habthty, clmras,,demands, damages, losses, and expenses, including, but not bruited to court costs and reasonable attorney fees recurred by the OWNER, and including, w~thout limitation, damages for bodily and personal m3ury, death and property damage, resulting from the neghgent acts or onuss~ons of the CONSULTANT or tts officers, shareholders, agents, or employees in the executmn, operatmn, or performance otthts Agreement Page 4 Notinng in this Agreement shall be construed to create a habfl~ty to any person who is not a paity to this A/reement and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a pa.~'y to th~s Agreement, including the defense of governmental Immunity, winch defenses are hereby expressly re~erved ARTICI,E 10 INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an Insurance company licensed to do business in thc State of Texas by the State Insurance Commlssmn or any successor agency that has a tatung with Best Rate Careers of at least an A- or above A Coraprehensive General Liability Insurance w~th bo&ly injury hm~ts of not less than $500,000 for each occurrence and not less than $500,000 m the aggregate, and with property daraage limits of not less than $100,000 for each occurrence and not less than $100,000 m thc aggregate B Automobile Lmbflfly Insurance with bodily injury hm~ts of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage hralts of not less than $100,000 for each accident C Worker's Compensation Insurance m accordance w~th statutory reqmrements, and Employers' L~shfllty Insurance w~th limits of not less than $100,000 for each accident D Professional Liability Insurance with limits of not less than $I,000,000 annual aggregate E The CONSULTANT shall furmsh tnsurance certificates or insurance policies at the OWNER's request to evidence such coverages The insurance policies shall name the OWNER as an aidit~onal insured on all such poheies, and shall conta,n a prows~on that Such Insurance shall i~ot be canceled or modified wnhout 30 days' prior written not, ce to OWNER and CONSULTANT In such event, the CONSULTANT shall, pr~or to the effective date of the change or cancellation, serve substatute policies furmshmg the same coverage ARTICLE 11 ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may ageee to settle any disputes under this Agrevment by submitting the dispute to arbitration or other means of alternate dispute resolution, such as medmt~on No arb~tration or alternate &spute 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 Page 5 FROM: DENTON CITY flTTORNEV FflX NO : 9405827925 08-0?-00 05 48P P 08 TERMINATION OF AGREEMENT A Notwithstanding any other provision of th~s Agreement, either party may terminate by glvlnlg 30 days' advance written notice to the other party B This Agreement may be temunated ,n whole or m part an the event of either party substantially faihng to fulfill its obhgations under this Agreemenl No such termination ,,,all be affected unless the other party is given (1) written nonce (dehvered by certified mml, return receipt requested) of intent to terminate and semng forth the reasons specifying the non-performance, and not less than 30 calendar days to cure the failure, and (2) an opportumty for consultation w~th the terminating party pnor to termination C If the Agreement is terminated prior to complehon of' the ~erv~ce~ to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER w~thm 30 days aider the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termmauon mcu~red prior to the date of termination, tn accordance with Article 5 "Compensatmn" Should the OWNER subsequently contract wnh a new consultant for the eontmuaUon of services on the Project, CONSULTANT shall cooperate an providing ~nformaUon The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use ARTICLE 1~ RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and habfl[ty of the CONSULTANT, ~ts employees, associates, agents, ~ubcontractors, and subconsultants for the accuracy and cornpetency of their designs or other work, nor shall such approval be deemed to be an asstunptmn of such respons~bd~ty by the OWNER for any defect m the design or other work prepared by the CONSULTANT, Its employees, subcontractors, agents, and consultants ARTICLE 14 NOTICES All notmes, communications, and reports required or permitted under th~s Agreement shall be personally delivered or mailed to the respecUve purees by depositing same in the United States mai to the address shown below, certified marl, return receipt requested, unless otherwise specified hereto Mmled notices shall be deemed cornmtm~eated as of three days' marling Page 6 To CONSULTANT To OVvqqER Jack Pous City of D~ton Diversified Uhhty Consultams, Inc Herbert L Prouty, Clty Attorney 12113 Roxle Drive, Suite 110 215 East McKlmaey Austin, Texas 78729 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is g~ven, or vathla three days' mailing ARTICLE 15 ENTIRE AGREEMENT Thts Agreement, conmst~ng of ten pages and two exhibits, constitutes the complete and final expression of the agreement of the panics, and Is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, r~preserltatlons, negotiations, discussions, communications, and agreements which may have been made m connection with the subJeCt matter hereoi ARTICLE 16 SEVERABILITY 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 remainder to be invalid or unenforceable In such event, the ps, ties shall reform this Agreement to replace such stricken provision with a valid and enforceable promsaon which comes as close as possible to expressing the retention of the stricken provision ARTICLE 17 COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordmances apphcable to the work covered hereunder as they may now read or heremafler be ame~lded ARTICLE 18 DISCRIMINATION PROHIBITED hi performln~ the services required hereunder, the CONSULTANT shall not dlscnmmate against any person on thc basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap Page 7 ARTICLE 19 PERSONNEL A The CONSULTANT represents that It has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement Such persomtel shall not be employees or officers of, el have any court, actual rclatxons with th~ OWNER CONSULTANT shall inform the OWNER of any conflict of interact or potential conflict of interest that may arise dunng the term of this Agreement B All services mqmred hereunder will be performed by the CONSULTANT or under supervmon All personnel engaged in work shall be qualified, and shall be authorized and permatted under state and local laws to perform such services ARTICLE 20 ASSIGNABILITY The CONSULTANT shall not assign any interest tn this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER MODIFICATIOB[ No waiver or Inodlficatlon of this Agreement or of any covenant, con&hen, or hmitabon herein ¢ontmned shall be valid unless in wmmg and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received m ev~dcncc m any proceeding arising between the part,es hereto out of or af£ectxllg this Agreement, or the rights or obligations of the parties h~renndcr, and unless such waiver or modlflcmon is in writing and duly execut,d, and the parties further agree that the provisions of this section will not be wmve, d unless as set forth hereto ARTICLE 22 CONFLICT OF INTEREST CONSULTANT covenants that neither it nor any member of ~ts firm has any interest, d~rect, or indirect, which would conflict tn any manner or degree with the performance of services required to be performed under tl~s Agreement CONSULTANT further covenants that in the pertormance et this Agreement, no person having such interest shall be employed or appointed as a member et' ~ts firm CONSULTANT further covenants that neither CONSULTANT nor any member of its firm ,hall perform servioes for or accept eompensatlon from TXU Gas or Electric or any of the defendants named in the litigation or their affiliates dunng the term of this contract nor disclose any matter which would adversely Impact owner in th~s lmgatlon, unless CONSULTANT f'trst fully discloses the matter to Owner and receives Owner's permission to undertake such services or accept such compensation Page 8 FROM DENTON CITY RTTORHE¥ FRg NO 9405827925 00-07-00 05 49P P 11 ARTICLE 23 MISCELLANEOUS A The following exhibits are attached to and made a part of this Agreement A - Letter of July 27, 2000, with CONSULTANT's cost proposal B CONSULTANT agrees that OWNER shall, until the expiration of three years after the final payment under this Agreement, have ~ccess to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to th~s Agreement CONSLrLTANT agrees that OWNER shall have access dunng normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits m compliance with this section OWNER shall g~vc CONSULTANT reasonable advance notice of intended audits C Venue of any suit or cause electron under this Agreement shall he exclusively in Denton County, Texas This Agreement shall be construed In accordance w~th thc laws of the State of Texas D For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Sacob Pous, Dan Lawton, and Sara Coleman However, nothing hereto shall hmtt CONSULTANT from using other quahfied and competent members of Its firm to perform the services required herein E CONSULTANT shall commence, carry on, and complete any and all projects w~th all ~pphoable dispatch, In a sound, eoonomtoal, and efficient manner and m accordance with the provisions hereof In accomphshmg the projects, CONSULTANT shall take such steps as are appropriate to ensure that thc work revolved ]s properly coorthnated with related work being carried on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available mfmmatlon pertinent to the P~x>jcct, including previous report~, any Other data relative to the Projeet~ and arranging for the accoss thereto, and make all provisions for the CONSULTANT to enter in or upon pubhc and private property as required for the CONSULTANT to perform services under this Agreement G The capt~ons of thxs Agreement are for mfonnatmnal purposes only, and shall not in any way affect the substantive terms or conditions of tins Agreement IN WITNESS HEREOF, the Ctty of Denton, Texas has caused th~s Agreement to be executed by tts duly anthonzed C~ty Manager, and CONSULTANT has executefl~thas Agreement through xts duly authorized undersagned officer on this the 7'~p day of ~.,~'~'/z-~.~ , 20t:~ '~ Page 9 FROH DENTON CITY ATTORNEV FAX NO 9483827823 88-87-88 83 §BP P 12 CITY OF DENTON, TEXAS MICHAEL W JEZ, CITY MANAGER ATTEST JENNI'FER WALTERS, CTTY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY DIVERSIFIED UTILITY CONSULTANTS, INC WITNESS Pa~e 10 EXHIBIT A co .sULT Ts. July 27, 2000 Herb Prouty C~ty Attorney C~ty of Denton 215 E McK~nney Street Denton, Texas 76201 RE, TXU-Eleetrle & TXIJ-Gas Franchise Fees Lltl!/at~on Dear Mr Prouty Pursuant to your request, D~versffied Utfl,ty Consultants, lnc ("DUCI") ~s prowd~ng you a letter proposal for the above ~ eferenced ht~gat~on DUCI wdl p~owde consulting servtces and expert w~tness testimony along w~th assistance to ht~gatlon counsel Strasburger & Price G~ven that there ~s no way to estimate the total cost of ht~gat~on, DUC1 proposes the follow,ng contractual arrangement Daniel Lawton and Jacob Pous wall provide servmes at $195 per hour and Sara Coleman wall prowde services at $150 per hour All out of pocket expenses wall be reimbursed at cost, ~ntemal cop~es wall be reimbursed at a rate orS 10 per copy, and ~ntemal computer t~me w~ll be reimbursed at the rate of $10 per hour DUCI would e~t~mate the contract cost at $75,000, but ~fmore work ~s rcqmted by c~ttm the C.~y ot htlganon ,.om~scl, a .o~ ha,~, 4,,,,. tdl.t.m .~, ~lt, [Jo lktlOll~,d to hl~ ~',~¢ the esttmated cost Sincerely, Jacob Pous AI;lenda Item~ AGENDA INFORMATION SHEET Date ~Y/A2,//.~L/. AGENDA DATE: August 15, 2000 DEPARTMENT. City Manager's Office CM. Mike Jez, City Manager SUBJECT Consider nominations and appointments to the City's Boards and CoiTlmlsslons BACKGROUND The following lSa list of current Board/Commission vacancms/nomlnat~ons Council Member Cochran has nominations to the gnrport Adwsory Board (Ann Houston currently serwng) and the Pubhc Utilities Board (Bill Glese no longer desires to serve) If you reqmre any further mformat~on, please let me know R~lly submitted Secretary Fiscal and M,,,,!ct.n~l Services * 215 E McKtnney * Denton, Texas 76201 (940) 349-8288 * DFW Metro (972) 434-2259 * Fax (940) 349-7206 MEMORANDUM DATE' August ! 1, 2000 TO Honorable Mayor and Members of City Council FROM Kathy DuBose, Aaslstant City Manager, Fiscal and Mumc~pal Services ~~'' SUBJECT. Responses to City Council Budget Questions Please find attached responses to questions from City Councd dunng the August 4 budget work session Included is a response from Howard Martin re§ardmg sohd waste ~ssues Please feel free to contact Howard to discuss any questions you may have regard~n§ issues Staffwlll be seek~n§ City Council d~rectlon on sohd waste rates at the August 15 Councd meeting Please advise ~fyou have any questions "Dedicated to Quahty Servtce" www cttyofdenton corn 215 E McK~nney Street Denton, Texas 76201 (940) 349-8307 FAX (940) 349-8596 OFFICE OF THE CITY MANAGER DATE: August 11, 2000 TO: Mayor and Council Members ~ FROM: Dave I-hll, Assistant City Manager -Development Services~'~ SUBa~CT: ,Response to August 4tb Budget Questions - Roadway Projects Dunng the P~ugust 4th budget work session, Council members asked questions about the need for Sherman Drive roadway nnprovements Comments were also made expressing interest m Elm and Locust, between Umverslty and Eagle, as being lughet pnormes given the condition of these road surfaces This memo has been prepared to respond the questions and concerns rinsed Sherman Drive Clarification The $600,000 expenditure propo?d for Sherman Drive was not for enUre reconstruction, as was originally m&cated on August 4~" Proposed improvements mclude a Y' overlay w~th base failure repair and jo~t reconstruction where ftulures have occurred The joints are faflmg on this road much as they have,on the southbound lane of IH 35E, where the roadway surface is now so rough on the stretch going through Lake Dallas Tlus project is a primary arterial and an excellent example of where for every dollar spent now on maintenance v~ll save $4 - $5 later If Sherman is to be deleted, the approximately $600,000 could be spent on the following roads · J.agoe from Scripture to Oak OCI of 33 Estimated cost is $135,890 · Sguthndge Drive from Stonegate Dr to IH 35E OCI !s35 Cost is $192,231 · Mulkey Lane from Audra to Lammore OCI is 35, Cost is $215,217 · AVenue A from W Prame to Chestnut, OCI-~s 38, $42,705 The deletion of Sherman is not recommended by gaff, but the projects ldenufied would be the alternatives recommended if Sherman improvements are not pursued Elm / Locust Status Staff met w~th the TxDOT Area Engmeer to d~scuss possible soluUons to the need for Elm and Locust unprovements Both of these roads are state roads from US 380 to McKmney and from Mulberry to Eagle The cost to make road surface improvements by mlllmg off excess pavement tluckness and providing a new asphalt surface m approxnnately $750,000 As md~cated previously, the city has offered to prowde $250,000 toward these improvements TxDOT agreed on Thursday, August 9~, to try to f'md the enttre $750,000 for resurfacmg, asking the city to use the $250,000 to make curb and gutter repairs. Both TxDOT and the city w~ll also detei~iime wluch engineering staff can prepare the plans and specifications for the project more qmckly Pending the outcome of these efforts, it is feasible to design and construct the Elm / Locust project by summer 2001 Staffw~ll continue to make tlus project a top priority The Elm / Locust project w~ll remain a challenge The drainage system along these roads is not adequate to handle stormwater runoff w~thout temporary street flooding, although floodmg does not affect private property m the area At some point m the future, a long-term Elm / Locust reconstruction project w~ll be necessary, and project cost w~ll be several mllhon dollars Staff does not recommend wmtmg to nnprove the Elm / Locust road surfaces until reconstrucUon funding is made available by TxDOT The expected hfe of the resurfaced roads Is expected to be 5 years, and should TxDOT maintenance funds become avmlable to make unprovernents by summer 2001. the project should be supported and expechted by the city If you have any further questions or comments, please contact me Fiscal Operations ~ 215 E McKinn~ ~ Dentont Texas 76201 Telephone (940) 349-8224 * DFW Metro (972) 434-2259 * Fox (940) 349-7206 MEMORANDUM DATE: August 11, 2000 TO' Honorable Mayor and Members of the City Council FROM: Diana G Ort:z, D~rector of Fiscal Operations ~ ~ SUBJECT: Response to Budget Workshop Questions In response to a question raised at the budget workshop held on August 4, 2000, the following information is provided Convention and Visitors' Bureau (CVB) requested a total of $365,399 from the Hotel Occupancy Tax Committee at their June 26, 2000 meeting CVB's 1999-2001 three-year contract includes an increase up to 4% over the prior year's allocation Their request was $63,350 over the contracted 4% increase for a new sports marketing program This program is to promote the Denton area to orgamzat~ons to encourage amateur sports programs and events to be held in Denton The HOT Committee recommended an increase to CVB's targeted allocation The increase is to partially fund the new sports marketing program, specifically, personnel expenses of $36,000 The CVB is also supplementing this program w~th a portion of their 4% HOT funds budget increase Therefore, the total CVB HOT fund allocation for the year 2001 is recommended at $337,049 of winch $42,700 is for the Sports Marketing Program and the remainder of the funds, $294,349, for other CVB act~vmes If you,have any questions, please contact me at 349-8224 Attachment cc Michael W Jez Kathy DuBose Exhibit B PROPOSED BUDGET FOR SPORT8 MARKETING PROGRAM Denton CVB 200t Pmgraml Requested Activity Amount Convention/ Advertising Trade Shows $ 3,850 Convention/ Promotion USOC $1,150 AAU $500 USATF $1,000 Unknown Shows $1,200 Photos $ 1,000 Pnnbng $ 1,200 Postage $ 1,000 Bid Presentation/ Travel $ 4,000 Convention Services/ Hospitality $ 2,000 On-sightJFam Tours $ 400 Convention Promotion Events $ 1,000 Memberships/ Prof Dev $ 1,900 NASC - Membership/ Conference $1,500 TACVB - Membership/ Conference $400 $~b-Total $ 16~350 Administration Sports Sales Mgr $ 35,000 Health Insurance $ 3,250 Payroll Taxes $ 3,000 Cell Phone $ 750 8qb.Total $ 42~000 Braidings Operations Furnishings/ Supphes $ 2,500 Computer Eqmpment $ 2,500 Sub-Total $ $,000 TOTAL $ 63,350 sovb/spoffs/spttsmktg2OOlbdgt2xls 5/2000 CITY OF DENTON, TEXAS Pubn= Safety and Transportation Ops · 215 East McKInney · Oenton, Texas 76201 (940) 349-8320 * DFI/V Metro (972) 434-2259 * Fax (940) 349-7206 MEMORANDUM DATE: August 10, 2000 TO: Honorable Mayor and Members of the City Council THROUGH: Jon Fortune [~ Assistant City Manager of Pubhc Safety and Trans Ops FROM: Cary Tower, Fleet Supenntendent SUBJECT: Status of Alternative Fuel Vehicles in the C~ty Fleet due to Non-Attainment Area Classification The City of Denton is classffied as a non-attainment area by the Enmronmental Protection Agency (EPA) and the Texas Natural Resource Conservation Commlssmn (TNRCC) because of excessive mr pollution within Dallas, Tm'rant, Colhn and Denton counties Because of the City's non-attainment rating, the EPA and the TNRCC reqmre the City to belong to and ab~de by the rules set forth by the Clean Cxtles Techmcal Coahtlon, Texas Clean Crees and Texas Clean Fleets As a member of these orgamzat~ons, the City is reqmred to have 10% of its fleet vehicles under 7,700 pounds gross vehicle weight (GVW) operating on an alternative fuel and must purchase 30% of all new vehicles under 7,700 pounds with a low emission rating After September 1, 2000, the City must purehase 50% of vehicles m this category w~th a low emission rating The City currently has 10 1% of ~ts vehicles under 7,700 pounds GVW that operate on alternative fuel and the C~ty plans to purchase all new vehicles w~th low emission ratings to mmntaxn compliance Each year, new engines are introduced which meet the reqmrements of the EPA and TNRCC The City ~s currently m comphance w~th the mandates and should continue to be m compliance as long as vehicles are purchased with low emission raUngs If you reqmre additional reformation, please contact me at extension 8424 "D,.dwated to Quaht~, Solid Waste City Council Agenda Package- Option 1 · Full Cost of Servme Rates for Residential and Commermal · Pubhc Ut~hty Board Recommendatmn Residential Rate - $18.85 /30 Days Commercial Rate - 3% WHY YOUR RESIDENTIAL COLLECTION FEE IS INCREASING * CURRENT SCOPE OF SERVICE PROVIDED: ~ The Residential Division provides twice per week curbslde trash collection with few llmltatlons on volume Once per week separate yard trimming collecuon (up to 8 cu yds for no extra fee) IS provided Appliance collection Is prowded within 48 hours of request Bulky household items are collected along with your regular trash collection service Operates a number of recycling drop-off centers Including newspaper, glass, aluminum, tin, textiles, and used motor oil Very few munlclpahtles or private service providers give such comprehensive services The current monthly rate for Residential Solid Waste collections is $13, and there has been no rate Increases for the past six years Denton also offers the lowest commercial rates in the North Central Texas area * COMMUNITY GROWTH: ~' Two additional residential routes are required next year to service new growth ~' Trans~tion to a different service delivery method which will provide waste minimization and lend itself to encouraging curbs~de recycling · Requires more expensive equipment · Lower productivity · Requires containers · Greater travel distance (higher fuel and maintenance) * OPERATIONAL ISSUES: ~' Employee Issues · High turnover · Heavy workload · Increased labor cost · Tight labor market ~' Fleet Issues · Fleet additions/replacement · High fuel and mmntenance costs · Moving from 5-year financing to 3-year financing of eqmpment F L~har~d\dept\Sohd Waqe\Adrmm~tralton\CC Budget Work~hop~\F¥ 2001\Re~ Rate mcrea~e docS/lOlO0 2 · RISING DISPOSAL COSTS: '~ High co~t of legulatory compliance · Burrer zone development · Road relocation · Maintenance facility expense · Leachate collection and treatment ~' Accelerated Capital Costs Due To Growth · INCREASED COST OF EXISTING RECYCLING PROGRAMS: Soft markets for many recyclable materials Increased cost of transporting materials to market Existing recychng programs account for about $2 of residential rate High contamination of recyclables caused rejected loads and reduced revenue · LONG TERM (3 - 5 YEARS) SERVICE STRATEGIES: ~ Transition to volume based rates to promote waste mtmmization and recychng 7, Reduce future labor needs and upgrade.lob quahty through automation ~' Upgrade aging fleet F L,,hared~epl~Sohd Wa~le~Admlm~rralwn\CC Budgel Work~hop~\FY 2001~Rc~ Rare ~ncrca~e docS/10/00 3 COMMUNITY GROWTH 4 ~GOZO0 PROPOSED ASL ROUTE ADDITIONS Residential Housing Growth $ 5% Growth Rate baaed on Permits issued 26 000 ~Olh & 11th Routes ~ 24 OCO star[ Jan02 Both ABL ~th & sth Route'~ ~ Both AS~ ~ 12th Route 16 0C0 ~ FIG 2 Fiscal Year .1994 '1995 '1996 t997 '1998 1999 2000 Res~d houses serwced 15 980 16,212 16 480 17 359 17 646 18,620 19 644 1250 house/RL route optimal 1,330 1 351 1 373 1 447 1 471 1,330 1 403 1000 house/ASL route optimal 800 0 RearLoader Routes 6 0 6 0 6 0 6 0 6 0 7 0 7 0 Automated S~deLoader Routes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total No Routes 6 0 6 0 6 0 6 0 6 0 7 0 7 0 F~scal Year 2001 2002 2003 2004 2005 Res~d houses serviced 20 668 21 692 22 716 23,740 24 764 1250 house/RL routs optimal 1 382 1 264 1 265 1 267 1,269 1000 house/ASL route optimal 800 1 000 1 000 1 000 1,000 RearLoader Routes 7 0 7 0 7 0 7 0 7 0 Automated S~deLoa'~er Routes 2 0 4 0 5 0 6 0 7 0 Total No Routes 9 0 11 0 12 0 13 0 14 0 h Isw 01 bud/res~de~tml~routs increase ,ds\PnntOut$ (3) 6 OPERATIONAL ISSUES PERSONNEL ADDITIONS ADMINISTRATION DIVISION 1 FTE Tech/Para-Professlonal (3 Transfers m 2000) RESIDENTIAL DIVISION 9 FTE's .75 Temp/Seasonal COMMERCIAL DIVISION 3 FTE Equipment Operators FTE Non-Funded D~scret~onary LANDFILL DIVISION 0 FTE RECYCLING DIVISION 2 FTE Equipment Operators (1 5 Temp/Seasonal deleted) TOTAL 16.75 FTE's F xs haredklept~Soi~d Waqte~Admm~trat~on\CC Budget Work~hopm~FY 2001\PERSONNEL ADDITIONS doc 9 RESIDENTIAL SOLID WASTE Average Total PayPeriod Hours/Field Crew Staff Jan 1998 - December 99 100- Jan 1998 - December 1998 Jan 1999- December 1999 FIG $ Pay Period *-~-,-Hrs/PayPeflod HrslPay Hi's/Pay HrslPay HrslPay HrslPay HrslPay 1998 Period I Period II Period III 1999 Period I Per:od II Period III JANUARY 86 42 85 90 JANUARY 97 16 84 21 FEBRUARY 80 66 80 44 FEBRUARY 80 77 80 83 MARCH 81 08 81 04 MARCH 83 42 82 28 APRIL 88 23 89 44 APRIL 81 45 86 34 MAY 91 63 86 70 MAY 91 11 89 86 JUNE 97 34 93 35 JUNE 90 60 91 57 JULY 87 94 85 48 JULY 91 21 86 66 AUGUST 84 74 89 92 AUGUST 86 23 85 95 SEPTEMBER 87 98 92 46 SEPTEMBER 80 93 86 41 OCTOBER 90 04 85 94 OCTOBER 84 94 82 63 NOVEMBER 82 44 81 29 NOVEMBER 80 21 82 57 DECEMBER 89 40 89 10 93 00 DECEMBER 92 04 82 00 89 50 1998 Calendar year Avg 87 28 1999 Calendar year Avg 86 04 h ~w 01 bud~re$1dentlal~eMPLOYEE Hours xls~Act Hr$ Oct98 dec~9 s/10/~O 1204 PM 10 RESIDENTIAL TURNOVER OCTOBER 98 THROUGH SEPTEMBER 99 Position Held Reaeon Date MWI Job Abondonment 08~99 DRIVER Never Started 5/22/99 MWI Resigned 12/98 MWI Resigned 04/99 TEMP MWI Resigned 7/31/99 DRIVER Resigned 05/99 MWI Resigned 5/25/99 DRIVER Resigned 3/15/99 MWI Resigned 8/21/99 MWI Resigned 11/15/99 DRIVER Resigned 06/99 DRIVER Resigned 1/29/99 MWI Resigned 5/25/99 DRIVER Resigned 3/11/99 MWI Retired 1 6/31/98 MWI Temp 7/30/99 MWI Tem~lnation 2/6/99 MWI Termination 2/24/99 MWI Termination 111/99 DRIVER Termination 01/99 MWI Termination 11/98 DRIVER Termination 7/'3199 MWI Transferred 12/98 DRIVER Transferred 3/1 5/99 TOTAl,.8 Job Abandonment 1 Never Started 1 Resigned 12 Retired 1 Temp 1 Termination 6 Transferred 2 24 POSITION AVAILABLE svc/Maln 24 Temp I 25 25 25 TURNOVERPERCENTAGE 950% TABLE ~ h ~,sw bud 01Vealdentla~eMPI.OYEE Hours xJs 3/1K]0 1 30 PM 11 COMMERCIAL SOLID WASTE Average Total PayPeriod Hours / Field Crew Staff Jan 1998 - December 99 · ~ 105 .-.° 100 Jan 1998- December 1998 Jan 1999 December 1999 ~ ~ 70 ~ R~ular 80hal2 week FIG 2 Pay Period ~ HrslPayPenod HrslPay Hrs/Pay Hrs/Pay HrslPay HrslPay Hrs/Pay 1998 Period I Period II Per~od III 1999 Period I Per~odll Per~od ill JANUARY 91 19 98 97 JANUARY 95 25 96 69 FEBRUARY 91 77 95 78 FEBRUARY 89 72 90 69 MARCH 92 66 92 63 MARCH 91 59 89 13 APRIL 96 41 95 56 APRIL 91 22 88 63 MAY 91 63 91 88 MAY 88 53 87 88 JUNE 90 95 93 88 JUNE 89 03 94 78 JULY 98 78 89 48 JULY 92 50 89 22 AUGUST 87 03 89 16 AUGUST 94 78 98 03 SEPTEMBER 93 39 97 14 SEPTEMBER 97 13 101 72 OCTOBER 94 91 94 86 OCTOBER 96 56 97 25 NOVEMBER 91 72 91 25 NOVEMBER 95 31 96 72 DECEMBER 88 75 97 13 92 75 DECEMBER 92 53 94 50 92 91 1998 Calendar year Avg 93 19 1999 Calendar year Avg 93 29 h ~sw 01 bud~commerc)al\Employee Hours xls 31600 3JOPM 12 COMMERCIAL TURNOVER OCTOBER 98 THROUGH SEPTEMBER 99 Position Held Reason Date Eqmp Oper Resigned Aug-99 TOTALS Resigned 1 1 POSITION AVAILABLE 8vc/Msln 14 Tach/Para 2 16 TURNOVER PERCENTAGE 63% COMMERCIAL TURNOVER OCTOBER 99 THROUGH FEB 00 ($ MONTHS) Position Held Reason Date Equlp~Oper Resigned Dec-gg Silly James Equip Oper Resigned Jan-00 Dean Teeters Equlp,Oper, Resigned Jan-00 Joe Martin Equip Oper Resigned Feb-00 Kenneth Rowan EqulpiOper Transferred Nov-gg Timothy Miller Equlp;Oper Transferred Des-g9 Leroy Ayers Equip~Oper Transferred Jan-00 Billy Crutslnger Equlp,Oper Transferred Feb-00 Mike Hestsnd TOTAI.~ Resigned 4 Transferred 4 8 POSITION AVAILABLE 8vc.~,Vlaln 13 Teoh/Para 3 16 TURNOVER PERCENTAGE 500% h'~v 01 bud~omme~olal~Employae Hours xla INCREASED RECYCLING COSTS SOLID WASTE RECYCLING 1998-99 1999-2000 1999-2000 2000-2001 RESOURC5S ACTUAL BUDGET ESTIMATE* PROPOSED Recycling Revenue $ 58,656 $ 66,000 $ 64,000 $ 70,000 Sohd Waste Operating Fund 237,061 334,166 254,241 448,787 TOTAL RESOURCES $ 295,717 $ 400,166 $ 318 241 $ 518,787 1998-99 1999-2000 1999-2000 2000-2001 EXPENDITURE SUMMARY ACTUAL BUDGET ESTIMATE* PROPOSED Personal Services $ 145,049 $ 169,037 $ 165,797 $ 236,262 Supl~hes 23,211 21,000 22,786 34,276 Maintenance 86,702 64,489 63,189 63,064 Serwces 41,369 126,454 53,283 155,167 Insurance 2,618 2,925 2,925 3,177 Sundry 580 Motor Pool 3,280 3,261 3 261 3,260 F~xed Assets (6,492) 13,000 7,000 23,001 TOTAL EXPENDITURES $ 295,717 $ 400 166 $ 318 241 $ 518,787 PERSONNEL 1998-99 1999-2000 1999-2000 2000-2001 (Full T~me Equivalents) ACTUAL BUDGET ESTIMATE* PROPOSED Service/Maintenance 1 00 1 O0 1 00 3 O0 Office/Clerical Techmcal/Paraprofesslonal I 00 1 O0 1 O0 1 00 Profesmonal 1 00 1 O0 1 00 Management/Superwsmn 1 00 Temporary / Seasonal 1 00 1 50 1 50 TOTAL PERSONNEL 4 00 4 50 4 50 5 O0 MAJOR BUDGET CHANGES 2000/1 vehicles are leased Personnel ~ncreased by 0 5FTE (Delete 1 5 Temps, add 2 Equip Ops) Marginal recychng sites closed Non revenue generating collection of recyclables d~scontmued *Estimate as of May 2000 suo£ ~ 2O RISING DISPOSAL COSTS Solid Waste Landfill Cost Comparisons FY t996 and 2001 Budgets FY 1996 FY 2001 Personal Services $ 293,175 $ 500,824 $ 207,649 Supphes 68,645 103,200 34,555 Maintenance 208,000 229,964 21,964 Serwces 159, 122 220,057 60,935 Insurance 1,849 10,821 8,972 Sundry 115,000 151,180 36, 180 Motor Pool 173,177 143,694 (29,483) Fixed Assets 55,000 10,000 (45,000) SUBTOTAL $ 1,073,968 $ 1,369,740 $ 295,772 Adm~n Funding 44,000 350,000 306,000 Franchme Fee 12,000 142,000 130,000 Utd~ty Transfers Out 13,000 190,000 177,000 Closure 265,000 60,000 (205,000) Debt Service 671,000 1,367,000 696,000 Repayment 25,000 38,000 13,000 SUBTOTAL $ 1,030,000 $ 2,147,000 $ 1,117,000 TOTAL EXPENDITURES $ 2,103,968 $ 3,516,740 9, 1,412,772 Percent Increase 67 15% 23 RESIDENTIAL AND COMMERCIAL PROJECTED RATES Solid Waste Rates 2001 2002 2003 2004 2005 Recommended Rate Proforma Residential Rate $ 1885 $ 1995 $ 2045 $ 2140 $ 2140 Commercial Percent Change 3 00% 15 00% 12 50% 8 50% 8 00% Dumpster 4 30% 20 47% Open Top 1 50% 5 04% Compactor 0 75% 15 25% Landfill Percent Change 0 00% 0 00% 2 30% 6 25% 7 00% 25 RESIDENTIAL RATE COMPARISON SOLID WASTE DEPARTMENT Residential Diwslon 1999 Survey $15c~o $~4ao U.I $12oo L~ ~ 8 ~ o 0 $40o TEXAS CITIES City Man/Auto/$eml-Aut P,ckups I Week Monthly Rate Trash Yd Waste Grand Prairie Manual 2 2 $9 69 Abllene Auto 2 0 $10 00 Tyler Manual 2 0 $10 10 Nlchita Falls Manual 2 I $10 55 Odessa Auto 2 0 $10 75 Beaumont Auto I 1 $10 85 =lano Auto 1 1 $11 15 M~land Auto 2 2 $11 25 K~lleen Manual 2 0 $11 70 Carrollton Auto I I $11 75 Waco Man/Auto 2 1 $11 95 R~chardsn Manual 2 0 $12 28 Denton Manual 2 1 $13 00 Galveston Auto 1 1 $15 25 Ir~n~l Manual 2 0 $15 25 h (emroberts) ~'ate suweys~lgg9 au~vey~summary_res~dential\l~ Summary Residential xls s~o~oo. 2=~ 27 COMMERCIAL RATE COMPARISON DUMPSTERS COMMERCIAL DIVISION RATE COMPARISON DUMPSTERS 2-YD Frec ~ency City lx 2x 3x 4x 5x 6x 3enton FY2001 36 60! 69 77 104 60 139 54 174 37 209 25 Denton FY2000 33 28= 66 45 99 62 132 89 166 07 199 29 31ano 34 19 52 40 78 57 Tyler 35 28 56 99 80 79 GrandPra~ne 5400 8000 11000! 12600 17600 22900 R~chardson 6100 11400 16800 21800 26700 27000 Avg CItyReteCompanson FY99 4612 7585 10934 17200 22150 24950 ,~- ~ ~, Frec uency City lx 2x 3x 4x 5x 6x Denton FY2001 42 38 80 82 121 23 161 65 202 06 242 47 Denton FY2000 3933 7866 11799 15732 19665 23598 ~rum/San~jer (IESI) 4400 80 81 ~lano 4430 81 09 112 88 Carrollton 5300 9700 141 00 18600 23000 27400 Lew~swlle 60 55 100 02 132 96 168 71 206 27 244 25 R~chardson 6100 11400 16800 21800 26700 27000 Avg City Rate Companson FY99 52 57 94 58 138 71 190 90 234 42 262 75 ,~.~ ~ Free, lency City tx 2x 3x 4x 5x 6x ~enton FY2001 48 60 92 71 139 02 185 32 231 78 278 03 Denton FY2000 44 92 89 84 134 71 179 57 224 60 269 41 3lano 5940 108 43 160 18 Richardson 6100 11400' 16800 21800 26700 27000 Ga~neswlle 68 60 123 28 179 02 234 76 289 44 344 11 Grand Prame 8000 11800 16200 20700 25300 33100 Av9 C~tyRateCompar~son FY99 6725 11593 16730 21992 26981 31504 Dumpsters = 4 30% increase ~ Open Tops = '/52% increase 3 0% Recommended Compactor= 0 76% increase S %ur~ 2000_Responses, Comm~rctalRateCompansonl ~ls29 ', 3 00 9 20 sam COMMERCIAL DIVISION RATE COMPARISON DUMPSTERS i-YD Frequency City lx 2x 3x 4x Sx 6x DentonFY2001 61 43 11720 17585 23445, 29305 351 71 Denton FY2000 5656 11313 16974 22630~ 28287 33948 Carrollton 75 00 130 00 184 00 239 00 294 00 348 00 Piano 80 57 147 13 215 74 290 33 369 92 459 51 Ga~neswlle 8683 15651 22512 29480 36233 43201 Krum/Sander {IESI) 88 30 142 80 R~chardson 95 00 178 00 257 00 332 00 411 00 480 00 Lew~swlle 10002 158 13 22020 28546 34357 40545 Avg C~tyRateCompanson FY99 8762 15210 22041 28832 35616 42499 I-YD Frequency City 'Ix 2x 3x 4J( 5x 6x Denton FY2001 7441 141 97 212 95 283 88 354 87 425 85 Denton FYi000 68 52 137 03 205 55 274 02 342 53 411 05 Carrollton 85 00 147 00 208 00 270 00 332 00 353 00 R~chardson 9500 17800 25700 33200 411 00 48000 Krum/Sander/IESI) 98 02 196 05 Piano 105271 18708 28183 38262 45689 54285 Lew~swlle 11364 19301 271 85 35167 43057 50981 Grand Prame 118 00 198 00' 242 00 314 00 397 00 503 00 Avg C~ty Rate Companson FY99 102 49 183 19 252 14! 330 06 405 49 477 73 Dumpsters = 4 30% ~ncrease '~ Open Tops = 1 52% ~ncrease.~3 0% Recommended Compactor= 0 76% increase ', St,r~ 2()1)0 R~sponse~Comm~rma[ RateCompan~onl 'ds 30 COMMERCIAL DIVISION RATE COMPARISON DUMPSTERS · -,vu C~ty Rate Comparison Frequency 1 x 2x 3x 4x 5x 6x 2c¥ 46 12 75 85 109 34 172 00 221 50 249 50 3cy 52 57 94 58 138 71 190 90 234 42 262 75 4c¥ 67 25 115 93 167 30 219 92 269 81 315 04 6cy 87 62 152 10 220 41 288 32 356 16 424 99 8c¥ 102 49 183 19 252 14 330 06 405 49 477 73 Denton Rates 1 x 2x 3x 4x 5x 6x 2CY 36 60 69 77 104 60 '139 54 174 37 209 25 39¥ 42 38 80 82 t21 23 161 65 202 06 242 47 4q¥ 48 60 92 71 139 02 185 32 231 78 278 03 6c¥ 61 43 117 20 175 85 234 45 293 05 351 71 8c¥ 74 41 141 97 212 95 283 88 354 87 425 85 Difference 1 x 2x 3x 4x 5x 6x 2c¥ (9 51) (6 0S) (4 74) (32 46) (47 13) (40 25) 3c¥ (10 19) (13 76) (17 48) (29 26) (32 37) (20 28) 4c¥ (18 65) (23 21) (28 28) (34 60) (38 03) (37 01) 6~¥ (26 19) (34 90) (44 56) (53 87) (63 11) (73 29) 8¢¥ (2808) (41 22) (39 18) (46 17) (5062) (51 8131o() lo ~2 \M 3'1 Solid Waste Commercial Rate Percentage Increases - Dumpsters =Y 2001 Rates 2 cy $35 60 $69 77 $104 60 $139 54 $174 37 $209 25 3 cy $42 38 $80 82 $121 23 $161 65 $202 06 $242 47 4 cy $48 60 $92 71 $139 02 $185 32 $231 78 $278 03 6cy $61 43 $11720 $17585 $23445 $29305 $351 71 8 cy $74 41 $141 97 $212 95 $283 88 $354 87 $425 85 C06 (compactor) $184 68 $369 36 $554 03 FY 2000 Rates 2 cy $33 28 $66 45 $99 62 $132 89 $166 07 $199 29 3 cy $39 33 $78 66 $117 99 $157 32 $196 65 $235 98 4cy $44 92 $89 84 $134 71 $179 57 $224 60 $269 41 6 cy $56 56 $113 13 $169 74 $226 30 $282 87 $339 48 cy $68 52 $137 03 $205 55 $274 02 $342 53 $411 05 C06(compa~or) $178 95 $357 90 $536 85 FY 2001 Percentage Rate Increase 2 cy 10 00% 5 00% 5 00% 5 00% 5 00% 5 00% 3 cy 7 75% 2 75% 2 75% 2 75% 2 75% 2 75% 4 cy 8 20% 3 20% 3 20% 3 20% 3 20% 3 20% 6 cy 8 60% 3 60% 3 60% 3 60% 3 60% 3 60% 8 cy 8 60% 3 60% 3 60% 3 60% 3 60% 3 60% C06 (compactor) 3 20% 3 20% 3 20% _ Overall Dumpster Rate Increase = 4 30% Overall Commem~al Rate Increase = 3 00% 32 COMMERCIAL RATE COMPARISON OPEN TOPS COMMERCIAL DIVISION RATE COMPARISON OPEN TOPS 15-YD City Haul Rental Dehvery Denton FY2001 150 90 60 00 45 00 Denton FY2000 139 73 53 00 45 00 Grand Pra~ne 89 00 80 00 44 00 Avg City Rate Companson FY99 89 00 80 00 44 00 20-YD City Haul Rental Dehvery Denton FY2001 189 92 70 00 45 00 Denton FY2000 182 16 66 00 45 00 Carrollton 126 0(~ 90 00 30 00 Lewsw~le 190 56 128 38 47 75 Tyler 205 00 75 00 25 00 Gameswlle 215 47 85 22 56 81 Avg City Rate Companson FY99 184 26 94 65 39 8g 30-YD C~ty Haul Rental Dehvery Denton FY2001 269 72 80 00 45 00 !Denton FY2000 267 03 79 00 45 00 Carrollton 168 00 90 00 30 00 Le,~svflle 218 25 128 38! 47 75 Tyler 264 0~3 85 00 25 00 Galnesv~lle 300 16 85 22 56 81 Avg C~ty Rate Companson FY99 237 60 97 15 39 89 C~ty Haul Rental Delivery Denton FY2001 356 04 100 00 45 00 Denton FY2000 356 04 100 00 45 00 Carrollton 210 00 90 00 30 00 Lew~sv,tle 276 90 128 38 47 75 tyler 322 00 90 00 25 00 Ga~neswlle 384 84 85 22 56 81 Avg City Rate Companson FY99 298 44 98 40 39 89 Dumpsters = 4 30% increase Open Tops = I 52% ~ncrease_~3 0% Recommended Compactor= 0 76%/ncrease 34 COMMERCIAL DIVISION RATE COMPARISON OPEN TOPS Avg C~ty Rate Companson Haul Rental Dehve~ 15cy 89 00 80 00 44 00 20cy 184 26 94 65 39 89 30cy 237 60 97 15 39 89 40cy 298 44 98 40 39 89 Denton Rates Haul Rental Del~ve~ 15cy 150 90 60 00 45 00 20cy 189 92 70 00 45 00 30cy 269 72 80 00 45 00 40cy 356 04 100 00 4500 Difference Haul Rental Dehver~ 15cy 61 90 (20 00) 1 00 20cy 5 66 (24 65) 5 11 30cy 32 12 {17 15) 5 11 40cy 57 61 1 60 5 11 h t ~rnrobcrt~)h'ate survc~, s~2000 sta-', eys\Commerclal Rate Companion q/3/00 3 42 PM 35 Solid Waste Rate Percentage Increases - Open Tops FY 2001 Rates e_~ Rental P~ckup 15 CY $60 00 $150 90 20 CY $70 00 $189 92 30 CY $80 00 $269 72 40 CY $100.00 $356 04 FY 2000 Rates 15CY $53 00 $139 73 20CY $66.00 $182 16 30CY $79.00 $267 03 ~,0 CY $100.00 $356 04 FY 2001 Percentage Rate Increase 15 CY 13.20% 8.00% 20CY 6.06% 4.26% 30CY 1.26% 1.01% 40CY 0.00% 0 00% Overall Open Top Rate Increase = I 52% Overall Commercial Rate Increase = 3 00% 36 Solid Waste Commercial Calculated Monthly Charges Open Tops FY 2001 Monthly Charges J_z,_.W..e,.e~ 2 x Week ~ 15 $663 61 $1,267 22 $1,870 83 20 $829 68 $1,589 36 $2,349 04 30 $1,158 88 $2,237 77 $3,316 66 40 $1,524 16 $2,948 32 $4,372 48 FY 2000 Monthly Charges ~ 2 x Week ~ 15 $611 90 $1,170 80 $1,729 70 20 $794 64 $1,523 28 $2,251 92 30 $1,147 12 $2,215 24 $3,283 36 40 $1,524 16 $2,948 32 $4,372 48 FY 2001 Percentage Increase 15 8 45% 8 24% 8 16% 20 4.41% 4 34% 4 31% 30 1.03% 1 02% 1 01% 40 0.00% 0 00% 0 00% Overall Open Top Rate Increase = 1 52% Overall Commercial Rate Increase = 3 00% 37 COMMERCIAL RATE COMPARISON COMPACTORS COMMERCIAL DIVISION RATE COMPARISON COMPACTORS 20-YD City I Haul , Rental , Dehvery , Denton FY2001 165 601 159 001 45 00I Denton FY2000 165 601 159 001 45 00I 30-YD City Haul Rental Delivery Denton FY2001 216 42 236 00 45 00 Denton FY2000 214 25 236 00 45 00 Lewiswlle 250 08 292 78 47 75 Ty!er 270 00 300 00 Ga~neswlle 300 16 369 84 56 81 Avg City Rate Companson FY99 273 41 320 87 52 28 3$-YD City Haul Rental Dehvery Denton FY2001 245 30 272 00 45 00 Denton FY2000 PRIVATELY OWNED LeW~swlle 262 01 292 78 Ty!er 300 00 300 00 IAvg City Rate Companson FY99 281 01 296 39 City Haul Rental Delivery Denton FY2001 274 38 307 00 45 00 Denton FY2000 272 21' 307 00 45 00 G~nswlle 490 97 369 84! Tyler 330 00 300 00 Lew~swlle 290 79 292 78 47 75 Avg C~ty Rate Companson FY99 370 59 320 87 47 75, Dumpsters = 4 30% increase -~ Open Tops = I 52% increasey 3 0% Recommended Compactor= 0 76% increase S Surva) 2000_R~sponses\Commerctal Rata Compansonl 8/3/00 3 34 PM 39 COMMERCIAL DIVISION RATE COMPARISON COMPACTORS Av~, C~ty Rate Comparison Haul Rental Delivery 20cy 30cy 273 41 320 87 52 28 35cy 281 01 296 39 42cy 370 59 320 87 47 75 Denton Rates Haul Rental Deliver,/ 20cy 165 60 159 00 45 00 ~30cy 216 42 236 00 45 00 35cy 245 30 272 00 45 00 42m/ 274 38 307 00 45 00 Difference Haul Rental Dehve~ 20cy 30cy (56 99) (84 87) (7 28) 35cy 42cy (96 20) (13 87) (2 75) Solid Waste Rate Percentage Increases - Compactors FY 2001 Rates ~ Rental P~ckup 20 CY $159 00 $165 60 30 CY $236 00 $216 42 35 CY $272 00 $245 30 42 CY $307 00 $274 38 FY 2000 Rates 20 CY $159.00 $165 60 30 CY $236 00 $214 25 35 CY $236 00 $214 25 42 CY $307.00 $272 21 FY 2001 Percentage Rate Increase 20 CY 0.00% 0 00% 30 CY 0.00% 1 02% 35 CY 15 25% 14 49% 42 CY 0.00% 0 80% Overall Compactor Rate Increase = 0 76% Overall Commercial Rate Increase = 3 00% 41 Solid Waste Calculated Monthly Charges - Compactors FY 2001 Monthly Charges ~ 2 x Week ~ 20 $821 40 $1,483 80 $2,146 20 30 $1,101 68 $1,967 36 $2,833 04 35 $1,253 18 $2,234 36 $3,215 54 42 $1,404 53 $2,502 06 $3,599 59 FY 2000 Monthly Charges ~ 2 x Week ~ 20 CY $821.40 $1,483.80 $2,146 20 30 CY $1,092 98 $1,949 96 $2,806.94 35 CY $1,092 98 $1,949 96 $2,806 94 42 CY $1,395 82 $2,484 64 $3,573 46 FY 2001 Percentage Increase 20 CY 0.00% 0.00% 0.00% 30 CY 0.80% 0 89% 0 93% 35 CY 14 66% 14 58% 14 56% 42 CY 0.62% 0 70% 0 73% Overall Compactor Rate Increase = 0 76% Overall Commercial Rate Increase = 3 00% 42 THREE TO FIVE YEAR GROWTH PLAN RESIDENTIAL SOLID WASTE THREE TO FIVE YEAR PLAN It is the goal of the City of Denton Sohd Waste Department to provide a menu of services for its residential customers within the next three to five years The b~ls for the menu and associated tees w~li be to encourage waste minimization and rate equity through the use of volume based rates and recychng The department also proposes to move toward less labor-intensive collection methods to upgrade the quality of jobs for our employees and to reduce our dependence upon changes in the laboi market · 2001 Continue fiat rate Conduct pilot containenzed collection routes in designated areas · Continue twice per week collections and once per week collection of yard trimmings · Improve efficiency of drop-off recychng collections Design Materials Processing Faclhty to enable curbslde recycling · 2002-2003 · Construct Recycled Materials Processing Facility to enable curbside recycling Upgrade billing system to accommodate variable rates Implement cityw~de charges for demand/response collection of all bulky items and appliances (Bulky household items and apphances without hazardous substances may be delivered to the landfill at no charge) Limited menu of Service Basic Service. One time per week collection (90 gal/4 bags) All other services require fee and demand response Premium Service: Twice per week collection and weekly collection of bulky ~tems, appliances, and yard trimmings Estabhsh a fee for year round use of Landfill in lieu of separate fees or · Provide free or low cost disposal of bulky ~tem, apphance (with no hazmat), unbagged and properly cut yard trimmings and leaves, and household bulky items at the landfill · Expand containerized routes F L~hared\d~pt\$ohd Wa~te~Adrmnl,tratton\CC Budget Worknhopn\FY 2001\Ren Rate three to five yr pin doc 44 · 2003-2005 · Provide cmbside lecyclmg collection services · Reduce and consolidate drop-off reeychng s~tes · Potential menu ol" Solid Waste collection ~ervlees ~' One t~me per week trash collection - 2 bags/B2 gallon container ~' One ttme per week trash collection - 3 bags/65 gallon container ~ One t~me per week trash collectIon - 4 bags/90 gallon container ~' One time per week trash collection (stickers required for more than 4 bags) · Two 90 gallon contmners · Three 90 gallon contmners · Four 90 gallon containers ~ Once per week recycling services required ~' Yard Trimming Collections · Once per week collection<4 cubIc yards per collection · Peak season weekly collection (March-$uly) < 4 cubic yards per collection · On-call bas~s $25 plus $5 per cubic yard · Pay annual fee for use of compost facdity ~ Apphances/Bulky Items · On-call - $50 for any appliance containing CFC'S or PCB's · On-call - $25 for any household bulky item, or where CFC's or PCB's are properly removed · Weekly collection of bulky ltems/apphances ~ Constmction/Demohtion/Remodehng Debris · Weekly collection of one cubic yard or less (properly bagged or boxed less than 50 lbs each) F L~hared~dept~Sohd Wante~Admm~tral~on\CC Budget Work~hop~FY 2001\Rea Rate three to five yr pin doc 45 Solid Waste City Council Agenda Package - Option 2 · Alternate Rate Scenario for Residential and Commercial · Three-Year Phase-In Of Full Cost Rates for Residential and Commercial · Achieves Full Cost by FY 2004 Residential Rate - $16.00 / 30 Days Commercial Rate - 15.57% RESIDENTIAL AND COMMERCIAL PROJECTED RATES Solid Waste Rates 2001 2002 2003 2004 2005 Alternate Rate Proforma Residential Rate $ 1600 $ 1800 $ 19 80 $ 21 40 $ 21 40 Commercial Percent Change 15 57% 10 00% 7 50% 7 25% 7 00% Dumpster 20 76% Open Top 5 11% Compactor 15 46% Landf~ll Percent Change 0 00% 0 00% 2 30% 6 25% 7 00% 3 COMMERCIAL RATE COMPARISON DUMPSTERS COMMERCIAL DIVISION RATE COMPARISON DUMPSTERS 2-YD Frequenc, y City lx 2x 3x 4x Sx 6x DentonFY20011 4492 ~t623 ~1129.50 17.2.7621589 25908 Denton FY2000 33 28 66 45 99 62 132 89 166 07 199 29 =lano 34 19 52 40 78 57 Tyler 35 28 56 99 80 79 GrandPra~ne 5400 8000 11000 12600 17600 22900 R~chardson 6100 11400 16800 21800 26700 27000 Avg C~ty Rate Companson FY99 46 12 75 85 109 34 172 00 221 50 249 50 3-YD Frequem · City I x 2x 3x 4x 5x 6x Denton FY2001' ~ 47.79 ~g1.84 ~'~1~/',46183.28 229.10 274.92 Denton FY2000 3933 7866 1179g 15732 19665 23598 ~rum/Sanger (IIESI) 44 00 80 81 Piano 44 30 81 09 112 88 Carrollton 53 00 97 00 141 00 186 00 230 00 274 00 Lew~swlle 60 55 100 02 132 96 168 71 206 27 244 25 R~chardson 6100 11400 16800 21800 26700 27000 Avg City Rate Comparison FY99 52 57 94 58 138 71 190 90 234 42 262 75 4-YD Frecluem · City lx 2x 3x 4x 5x 6x Denton FY2001 55 70 ,~106.91 160 3(3 213.69 267 27 320 60 Denton FY2000 44 92 89 84 134 71 179 57 224 60 269 41 Piano 59 40 108 43 160 18 R~chardson 61 00 114 00 168 00 218 00 267 00 270 00 Ga~neswlle ~ 6860 12328 17902 23476 28944 34411 GrandPra~ne 8000 11800 16200 20700 25300 33100 I Avg C~ty Rate! Comparison FY99 6725 11593 16730 21992 26981 31504 Dumpsters = 20 76% increase ~ Open Tops = 5 11% increase.~ 15 57% Alternate .;ompactor= 15 46% increase ~ Survey 2000_Kosponses\Commorcml R~te Comparison I xls l~10 00 11 46 AM 5 COMMERCIAL DIVISION RATE COMPARISON DUMPSTERS 6-YD C~ty lx 2x 3x' 4x 5x 6x Denton FY200~ 71 55 !37.45 206 23, 274 961343 68 412 47~ Denton FY2000 5656 11313 16974 22630 28287 33948 Carrollton 75 00 130 00 184 00 239 00 294 00 348 00 Piano 80 57 147 13 215 74 290 33 369 92!459 51 Ga~neswlle 86 83 156 51 225 12 294 80 362 33 432 01 Krum/Sandier ilESI) 88 30 142 80 R~chardson 95 00 178 00 257 00 332 00 411 00 480 00 Lew~swlle 100 02 158 13 220 20 285 46 343 57 405 45 Avg C~ty Rate Comparison FY99 87 62 152 10 220 41 288 32 356 16 424 99 8-YD City tx 2x :~x~ 4x 5x 6x Denton FY2001 ',86 67 % 166.50 249 74 332.93 416 18 499 43 }enton FY2000 6852! 13703 20555 27402 34253 41105 Carrollton 85 00 147 00 208 00 270 00 332 00 353 00 R~chardson 9500 17800 25700 33200 41100 48000 Krum/Sancjer (IESI) 98 02 196 05 :~lano 105 27 187 08 281 83! 382 62,456 89 542 85 Lew~swlle 11364 19301 27185 35167 43057 50981 GrandPrmne 11800 19800 24200 31400 39700~ 50300 Avg C~tyRateCompanson FY99 10249 18319 25214 33006 40549 47773 Dumpsters = 20 76% increase Open Tops = 5 11% increase~ 15 57% Alternate Compactor= t5 46% increase S Sur',ex 2000 ResponsesComm,.rcmlRatoCompansonl xls 81000 Il 47AM 6 COMMERCIAL DIVISION RATE COMPARISON DUMPSTERS Avg C~ty Rate Com,_ Frequency lx 2x 3x 4x 5x 6x 2cy 46 12 75 85 109 34 172 00 221 50 249 50 3cy 52 57 94 58 138 71 190 90 234 42 262 75 4cy 67 25 115 93 167 30 219 92 269 81 315 04 6cy 87 62 152 10 220 41 288 32 356 16 424 99 8cy 102 49 183 19 252 14 330 06 405 49 477 73 Denton Rates ~,~' · lx 2x 3x 4x ,~ 5x 6x 2c¥ 44 92 86 23 129.50 ~172 76 ,215 89 259 08 3cy 47.79 91 64 137 46 183 28 '229 10 274 92 4cy 55 70 106 91 t60 30 213 69 ~267 27 320 60 6cy 71 55 137.45 206 23 274 96 343 68 412 47 8cy 86 67 166 50 249 74 332 93 416 18 499 43 Difference 1 x 2x 3x 4x 5x 6x 2cy (1 20) 10 38 20 16 0 76 (5 61) 9 58 3cy (4 78) (2 94) (1 25) (7 62) (5 32) 12 17 4cy (11 55) (9 02) (7 00) (6 23) (2 54) 5 56 6cy (16 07) (14 65) (14 18) (13 36) (12 48) (12 52) 8cy, (15 82) (16 69) (2 40) 2 87 10 69 21 70 h (emroberts)~rate surve~ s~2000 ~ur~ ex s\Comraercml Rate Companson l 'ds 8/10/00 11 49,'XaM 7 Solid Waste Commercial Rate Percentage Increases Dumpsters Y 2001 Rates 2 cy $44 92 $86 38 $129 50 $172 76 $215 89 $259 08 3 cy $47 79 $91 64 $137 46 $183 28 $229 10 $274 92 4 cy $55 70 $106 91 $160 30 $213 69 $267 27 $320 60 6 cy $71 55 $137 45 $206 23 $274 96 $343 68 $412 47 8 cy $86 67 $166 50 $249 74 $332 93 $416 18 $499 43 C06 (compactor) $212 95 $425 90 $638 86 - FY 2000 Rates Dum;3ster 2 cy $33 28 $66 45 $99 62 $132 89 $166 07 $199 29 3 cy $39 33 $78 66 $117 99 $157 32 $196 65 $235 98 4 cy $44 92 $89 84 $134 71 $179 57 $224 60 $269 41 6 cy $56 56 $113 13 $169 74 $226 30 $282 87 $339 48 ~ cy $68 52 $137 03 $205 55 $274 02 $342 53 $411 05 C06 (compactor) $178 95 $357 90 $536 85 FY 200t Percentage Rate Increase 2 cy 35 00% 30 00% 30 00% 30 00% 30 00% 30 00% 3 cy 21 50% 16 50% 16 50% 16 50% 16 50% 16 50% 4 cy 24 00% 19 00% 19 00% 19 00% 19 00% 19 00% 6 cy 26 50% 21 50% 21 50% 21 50% 21 50% 21 50% 8 cy 26 50% 21 50% 21 50% 21 50% 21 50% 21 50% C06 (compactor) 19 00% 19 00% 19 00% Overall Dumpster Rate Increase = 20 76% Overall Commercial Rate Increase = 15 57% COMMERCIAL RATE COMPARISON OPEN TOPS COMMERCIAL DIVISION RATE COMPARISON OPEN TOPS I$-YD C~ty Haul Rental Dehvery Denton FY2001, ~ 164 88 63 60 45 00 Denton FY2000 139 73i 53 00 45 00 Grand Pra~ne 89 00 80 00 44 00 Avg C~ty Rate Companson FY99 89 00 80 00 44 00 2~0-YD City Haul Rental Dehvery Denton FY2001 214 95 77 22 45 00 Denton FY2000 182 16 66 00 45 001 Carrollton 126 00 90 00 30 00 I~ew~swlle 190 56 128 38 47 75 Tyler 205 00 75 00 25 00 Ga~nesvtlle 215 47 85 22 56 81 Avg C~ty Rate Companson FY99 184 26 94 65 39 89 y0-YD City Haul Rental Dehvery Denton ,F¥2001 ~' ~ 275 04 88 88 , 45 00 Denton FY2000 267 03 79 00 45 0(3 Carrollton 168 00 90 00 30 00 Lew~swlle 218 25 128 38 47 75 ryler 264 00 85 00 25 00 Ga~neswlle 300 16 85 22 56 81 Avg City Rate Companson FY99 237 60 97 15 39 89 .J-YD C~ty Haul Rental Dehvery Denton FY2001 356 04 100,00 45 00 Denton FY2000 356 04 100 00 45 00 Carrollton 210 00 90 00 30 0C ,Lew~sv~lle 276 90 128 38 47 75 Tyler 322 00 90 00 25 00 Galneswlle 384 84 85 22 56 81 Avg C~ty Rate Companson FY99 298 44 98 40 39 89 Dumpsters = 20 76% ~ncrease '~ Open Tops = 5 11%/ncrease~ 5 57% Alternate Compactor= 15 46% increase S 1001) ti :4 ~.\! 10 COMMERCIAL DIVISION RATE COMPARISON OPEN TOPS Avg City Rate Companson Haul Rental Delivery 15cy 89 00 80 00 44 00 20c¥ 184 26 94 65 39 89 30c¥ 237 60 97 15 39 89 40cy 298 44 98 40 39 89 D~fference Haul Rental Del~ver~ 15cy 75 66 (16 40) 1 O0 20cy 3069 (17 43) 5 11 30cy 37 44 {8 27) 5 11 40cy 57 61 I 60 5 11 h (eraroberts)~rate surveys~.O00 surveys\Commerctal Rate Compansonl 'ds 8/10/00 11 ~6AM 1 1 Solid Waste Rate Percentage Increases - Open Tops FY 2001 Rates Open To.~ Rental P~ckup 15 CY $63.60 $164 88 20 CY $77 22 $214 95 30 CY $88 88 $275 04 40 CY $100 00 $356 04 FY 2000 Rates O.oen Top 15 CY $53.00 $139 73 20 CY $66.00 $182 16 30 CY $79.00 $267 03 ~0 CY $100 00 $356 04 FY 2001 Percentage Rate Increase 15 CY 20.00% 18.00% 20CY 17 00% 18 00% 30CY 12.50% 3.00% 40CY 0.00% 0.00% Overall Open Top Rate Increase = 5 11% Overall Commercial Rate Increase = 15 57% 12 Sohd Waste Commercial Calculated Monthly Charges - Open Tops FY 2001 Monthly Charges 1 x Week 2 x Week ~ 15 $723 10 $1,382 60 $2,042 11 20 $937 02 $1,796 81 $2,656 61 30 $1,189 04 $2,289 20 $3,389 37 40 $1,524 16 $2,948 32 $4,372 48 FY 2000 Monthly Charges 1 x Week 2 x Week ~ 15 $611.90 $1,170.80 $1,729 70 20 $794 64 $1,523 28 $2,251 92 30 $1,147 12 $2,215 24 $3,283 36 40 $1,524 16 $2,948 32 $4,372 48 FY 2001 Percentage Increase 15 18.17% 18 09% 18 06% 20 17 92% 17 96% 17.97% 30 3.65% 3 34% 3 23% 40 0.00% 0 00% 0.00% Overall Open Top Rate Increase = 5 11% Overall Commercial Rate Increase = 15 57% 13 COMMERCIAL RATE COMPARISON COMPACTORS COMMERCIAL DIVISION RATE COMPARISON COMPACTORS 20rYD c,ty / Haul I ~ental IDel'very I Denton Denton FY2000 165 601 159.001 45 00I 30.YD City Haul Rental Delivery Denton FY2001 --' 246 38 .~'283 20~ .-~ 45 00 Denton FY2000 214 25 236 00 45 Lew~swlle 250 08 292 78 47 75 Ty,ler 270 00 300 00 Ga~nesvflle 300 16 369 84 56 81 IAvg C~ty Rate Companson FY99 273 41 320 87 52 28 35-YD. City Haul Rental Delivery PRIVATELY OWNED D~nton FY2000 Lew~swlle 262 01 292 78 Tyler 300 00 300 00 Avg City Rate Companson FY99 281 01 296 391 City Haul Rental Delivery Denton FY2001 - - 313.04 36~8 40 ~ 45 00 Dbnton FY2000 272 21 307 00 45 00 ,G~?swlle 490 97 369 84 Tyler 330 00 300 00 Lew~swlle 290 79 292 78 47 75 Avg C~ty Rate Comparison FY99 370 59 320 87 47 75 Dumpsters = 20 76~ ~ncrease Open Tops = 5 11% ~ncrea?e,,.~t 5 57% Alternate Compactor= 15 46% ~ncrease ~300 329PM 15 COMMERCIAL DIVISION RATE COMPARISON COMPACTORS Avg City Rate Comparison Haul Rental Dehvery 20cy 30cy 273 41 320 87 52 28 35cy 281 01 296 39 42cy 370 59 320 87 47 75 Denton Rates ,~ Haul Rental Dehver}/ 20cy ~,i9044 ~19080 ~ 4500 30cy ,246 38 283 20 45~00 35cy ~, ~76 38 , '~,321 54 45 00 42cy :313 04 368 40 45 00 Difference Haul Rental Dehver¥ 20cy - - 30c¥ (27 03) (37 67) (7 28) 35cy 42cy (57 55) 47 53 (2 75) h (cmrobc~ls)h'ato surveys~2000 survoys\Comm~cml Rate Compansonl >.is 8/3/0¢) 3 ~0 PM 1 6 Solid Waste Rate Percentage Increases - Compactors 'Y FY 2001 Rates ~ Rental P~cku.u 20 CY $190 80 $190 44 30 CY $283 20 $246 38 35 CY $321 54 $276 38 42 CY $368 40 $313 04 FY 2000 Rates 20 CY $159 00 $165 60 30 CY $236.00 $214 25 35 CY $236.00 $214 25 42 CY $307 00 $272 21 FY 2001 Percentage Rate Increase 20 CY 20.00% 15 00% 30 CY 20 00% 15 00% 35 CY 36 25% 29.00% 42 CY 20.00% 15 00% Overall Compactor Rate Increase = 1546% Overall Commemlal Rate Increase = 1557% 17 Fiscal and Municlpal Services * 215 E McKtnney * Denton, Texas 76201 (940) 349-8288 * DFW Metro (972) 434-2259 * Fax (940) 349-7206 MEMORANDUM DATE August ! 1. 2000 TO. Honorable Mayor and Members of City Council FROM: Kathy DuBose, Assistant City Manager, Fiscal and Municipal Serv~ces~ SUBJECT. Responses to City Councd Budget Questions Please find attached responses to questions from City Councd dunng the August 4 budget work session Included is a response from Howard Martin regarding sohd waste ~ssucs Please feel free to contact Howard to d~scuss any questmns you may have regarding ~ssues Staff w~ll be seeking City Council direction on solid waste rates at the August 15 Councd meeting Please advise if you have any questions "Dedicated to Quahty Serwce" www ctt¥ofdenton corn 215 E Mcganney Street Denton, Texas 76201 (940) 349-8307 FAX (940) 349-8596 OFFI(~E-O~ THE CITY MANAGER MEMORANDUM DATE: August 11, 2000 TO: Mayor and Council Members ~ FROM. Dave Hill, Assistant City Manager - Development Services ~)'~k SUBJECT' Response to August 4th Budget Questions - Roadway Prol~ts Dunng the August 4th budget work session, Council members asked questions about the need for Sherman Dave roadway improvements Comments were also made expressing interest m Elm and Locust, between Umverslty and Eagle, as being tugher pnonues gaven the condition of these road surfaces This memo has been prepared to respond the questions and concerns rinsed Sherman Drive Clarification The $600,000 expenditure propo.sed for Sherman Dave was not for entire reconstruction, as was originally indicated on August 4t~ Proposed improvements include a 3" overlay wath base failure repair and j01nt reconstruction where failures have occurred The jmnts are fathng on this road much as they have, on the southbound lane of IH 35E, where the roadway surface is now so rough on the stretch going through Lake Dallas Tlus project is a primary arterial and an excellent example of where for every dollar spent now on maintenance will save $4 - $5 later If Sherman ts to be deleted, the approximately $600,000 could be spent on the following roads · Jague from Scripture to Oak OCI of 33 Estimated cost is $135,890 · Southndge Dave from Stonegate Dr to IH 35E OCI 1s35 Cost m $192,231 · Mulkey Lane from Audra to Latnmore OCI is 35, Cost is $215,217 · Avenue A from W Prmne to Chestnut, OCI is 38, $42,705 The deletion of Sherman is not recommended by staff, but the projects identified would be the alternatives recommended if Sherman improvements are not pursued Elm / Locust Status Staff met with the TxDOT Area Engineer to d~scuss possible soluUons to the need for Elm and Locust improvements Both of these roads are state roads from US 380 to McKmney and from Mulben'y to Eagle The cost to make road surface unprovements by rmllmg off excess pavement thickness and prowdmg a new asphalt surface m approximately $750,000 As mchcated previously, the city has.. offered to provide $250,000 toward these improvements TxDOT agreed on Thursday, August 9"', to try to irmd the entn~ $750,000 for resurfacmg, asking the city to use the $250,000 to make curb and gutter repmrs Both TxDOT and the city vail also detm*mme which engineering staff can prepare the plans and specifications for the project more qmckly Pending the outcome of these efforts, it Is feasible to design and construct the Elm / Locust project by summer 2001 Staff will continue to make this project a,top priority The Elm / Locust proJect will remain a challenge The drainage system along these roads is not adequate to handle stormwater runoff without temporary street flooding, although flooding does not affect private property m the area At some point m the future, a long-tew, Elm / Locust reconstruction project will be necessary, and project cost will be several rmlhon dollars Staff does not recommend wmtmg to unprove the Elm / Locust road surfaces untal reconstruction fundmg Is made available by TxDOT The expected life of the resurfaced roads is expected to_~lg~ years, and should TxDOT maintenance funds become available to make improvements by summer 2001, the project shoul__d be supported and expe&ted by the city If you have any further questions or comments, please contact me 2 Fiscal Operations * 215 E McKInne~ * Denton) Texas 76201 Telephone (940) $49~224 * DFF,z Metro (972) 434-2259 * Fa~ (940) 349-7206 MEMORANDUM DATE: August I 1, 2000 TO: Honorable Mayor and Members of the C:ty Council FROM: Diana G Ortlz, Dtrector of Fmeal Operat,ons ~fi ~L~'~. ~ SUBJECT: Response to Budget Workshop Questions In response to a question raised at the budget workshop held on August 4, 2000, the followmg mformatinn is provided Convention and Visitors' Bureau (CVB) requested a total of $365,399 from the Hotel Occupancy Tax Comm:ttee at their June 26, 2000 meeting CVB's 1999-2001 three-year contract includes an increase up to 4% over the prior year's allocation Their request was $63,350 over the contracted 4% increase for a new sports marketing program This program is to promote the Denton area to orgamzations to encourage amateur sports programs and events to be held m Denton The HOT Committee recommended an increase to CVB's targeted allocation The increase is to partially fund the new sports marketmg program, specifically, personnel expenses of $36,000 The CVB is also supplemantmg this program w~th a portion of thetr 4% HOT funds budget increase Therefore, the total CVB HOT fund allocation for the year 2001 is recommended at $337,049 of which $42,700 is for the Sports Marketing Program and the remainder of the funds, $294,349, for other CVB activities If you have any questions, please contact me at 349-8224 Attachment cc Michael W Jez Kathy DuBose Exhibit B PROPOSED BUDGET FOR SPORTS MARKETING PROGRAM Denton CVB 2001 Program/ Requested Actlv,ty Amount Convenbonl Advertising Trade Shows $ 3,850 Convenbon/ Promotion USOC $1,150 AAU $500 USATF $1,000 Unknown Shows $1,200 Photos $ 1,000 Pnnt~ng $ 1,200 Postage $ 1,000 B;d Presentation/ Travel $ 4,000 Convention Services/ Hospitality $ 2,000 On-sight/Fam Tours $ 400 Convention Promotion Events $ 1,000 Memberships/ ProfDev $ 1,900 NASC - Membership/ Conference $1,500 TACVB - Membership/ Conference $400 Sub-Total $ 16,350 Adm,nistratlon Sports Sales Mgr $ 35,000 Health Insurance $ 3,250 Payroll Taxes $ 3,000 Cell Phone $ 750 S~b-Total $ 42,000 Buildings Operat;ons Furnishings/ Supplies $ 2,500 Computer Equipment $ 2,500 Sub.Total $ 87000 TOTAL $ 63,350 scvb/sports/$prtsrnl(tg2OOlbdgt2xls 5/2000 CITY OF DENTON, TEXAS Public Safety and Transportation Ops · 215 East McKInney · Denton, Texas 76201 (940) 349-8320 ° DFW Metro (972) 434.2259 · Fax (940) 349.7206 MEMORANDUM DATE August 10, 2000 TO Honorable Mayor and Members of the City Council THROUGH' Jon Fortune ~'/ Assistant City Manager of Pubhc Safety and Trans Ops FROM' Cary Tower, Fleet Supenntendent SUBJECT Status of Alternative Fuel Vehicles in the City Fleet due to Non-Attainment Area Classfficat~on The City of Denton is classified as a non-attainment area by the Environmental Protection Agency (EPA) and the Texas Natural Resource Conservation Comm~smon (TNRCC) because of excessive air pollution w~thln Dallas, Tan'am, Colhn and Demon coumles Because of the City's non-attainment rating, the EPA and the TNRCC require the City to belong to and abide by the rules set forth by the Clean Cities Technical Coalition, Texas Clean Cities and Texas Clean Fleets As a member of these organizations, the C~ty is required to have 10% of its fleet vehicles under 7,700 pounds gross vehicle weight (GVW) operating on an alternative fuel and must purchase 30% of all new vehicles under 7,700 pounds with a low em~ssmn rating After September l, 2000, the City must purchase 50% ofvehmles in this category with a low emission rating The City currently has 10 1% of its vehicles under 7,700 pounds GVW that operate on alternative fuel and the City plans to purchase all new vehicles with low emission ratings to maintain compliance Each year, new engines are introduced which meet the requirements of the EPA and TNR,CC The City is currently in compliance with the mandates and should continue to be in compliance as long as vehicles are purchased with low emission ratings If you require additional information, please contact me at extension 8424 "Ded, cat,..d to Quaht9 Sen,ce" G age Rate Hike for the Proposed Budget Mlke'Cochran The Utilities staff have presented two options for possible rate increases for the upcoming budget: Option I calls for an increase residential fees to $18.85 (up to $21.40 in 2005) and ralslng commercial fees by 3%. Option II calls for a residential rate h~ke to $16.00 and a 15.57% h~ke ~n commercial fees. The argument used to justify th~s rate hike is that the current rate schedule ~s not recovering all of the costs associated w~th prov~dlng this service. It ~s described as having the commercial rate payers "subsldlzlng" resldentlal customers. On the surface thls m~ght appear to be a move to achieve equity, but that argument has several flaws. The f~rst being that the residential service ~s a service we provide our c~tlzens to promote the health, safety, and welfare of the C~t~zens of Denton. The CommercIal Sol~d Waste Division is an enterprise we own. Like any enterprise we hope to provide a service and provide a return on investment for the owners. In this case the owners are the c~t~zens of Denton. Our commercial rates are lower than those for comparable service in surrounding communities and · f we can provide a service that is equal to or lower than the commercial rates in the surrounding communities the shareholders should receive some dividend for their ownership. Another flaw in the argument for raising residential rates ~s the bas~s on which "costs" are determined. Included ~n the residential rate ~s a franchise fee and a return of ~nvestment which ~nflates the actual cost of providing a service. For a Commercial Enterprise Fund ~t ~s fair to do so, if we are providing the service at a competitive rate, but when our residential rates are already so h~gh ~t is and unfair, regressive and h~dden "tax" on our citizens. The large majority of the waste collected by the solid waste department is from the commercial service. Industrial, commercial and construction waste constitute 80% of the mass of waste put into our landf~ll. In order to adequately handle this capacity the city has had to in effect "oversize" the landfill to be a able to provide this service. It is fair and equitable to ask the customers that are responsible for this added expense to pay for The average income in Denton is lower that that of many of the surrounding communities due to our large population of students and senior citizens. An additional $6 per month charge on these rate payers will have a disproportionate impact on these citizens. Commercial customers already get a great deal on their service AND get to write their expense off as a cost of busIness. When you examine our commercial and residential rates and compare them to other communIties the picture is very clear. We currently pay one of the h~ghest rates for residential solid waste service in the cities surveyed and our commercial customers pay one of the lowest. If we should choose Option 1, as recommended we would add to this d~spar~ty and essentially be balancIng our utility books on the backs of the residential customers in our city.