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Home My WebLink AboutJanuary 16, 2001 Agenda I CITY OF DENTON CITY CO~CIL Agenda Item,/ After deta~mng ~at a quo~ ~s present ~d convemng m ~ Open Meeting, ~e C~ty Co~ofl of ~e C~ty of Denton, Texas ~11 convene m a Closed Meeting on Tuesday, J~u~ 16, 2001 at 5 15 p m in ~e C~ty of Denton Co~ml Work Session Room, Denton C~ty Hall, at 215 East MoK~ey, D~nton, T~xas to oonmd~r specific ~t~ms when these ~tems ~e hsted below ~der ~e Closed Me~tmg section of thru agenda ~en ~tems for consideration ~e not hsted ~der Closed M~atmg seo~on of ~ agenda, ~e C~ty Co.cH will not conduct a Closed Meeting at 5 15 p m, ~d will conwne at the t~ma hst~d below for ~ts regul~ or spec~ called meeting The C~W Co~c~l resales ~e right to adjoin mto a Closed Meeting on ~y ~tem on ~ts Open Meeting agenda ~ons~st~nt w~th Chapter 5Sl of the Texas Gove~ent Code, as mended, ~ set fo~h below 1 Closed Meetmg ANY FINAL ACTION, DECISION, OR VO~ ON A MA~ER DELIBE~TED IN A CLOSED MEET~G WILL ONLY BE TArN ~ AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVE~MENT CODE, C~PTER 551, EXCEPT TO THE EXTENT SUCH F~AL ACTION, DECISION, OR VOTE IS TArN ~ THE CLOSED MEET~G ~ ACCO~ANCE WITH THE PROVISIONS OF SECTION 55t 086 OF THE TE~S GOVERNMENT CODE (THE "PUBLIC PO~R EXCEPTION") THE CITY CO~CIL ~SERVES ~ ~GHT TO ADJOU~ ~TO A CLOSED MEETING OR EXECUTIVE SESSION AS AUtO'ZED BY ~X GOV'T CODE, SECTIONS 551 001, ET SEQ (THE TEXAS OPEN MEETINGS ACT) ON ANY I~M ON ITS OPEN MEET~G AGENDA OR TO ~CONVENE ~ A CONTINUATION OF THE CLOgED MEET~G ON ~E CLOSED ~ET~G ITEMS NOTED ABOVE, IN ACCO~ANCE WITH THE TEXAS OPEN ~ETINGS ACT, ~CLUD~G, WITHOUT LIMITATION SECTIONS 551 071-551 086 OF THE TEXAS OPEN ~ETINGS ACT Regul~ Meeang of~e C~ty of Denton C~ty Co~ml on Tuesday, J~u~ 16, 2001 at 6 00 p m m ~e Cg~ml Chmbers at C~ty H~I, 215 E McK~ey Street, Denton, Texas at wNch the following ~tems will be considered 1 Pledge of Alleg~ce A U S Flag B, Texas Flag "Honor ~e Texas Flag ~ I pledge alleg~ce to ~ee, Texas, one ~d indivisible ' 2 Consider approv~ of ~e minutes of November 28, 2000, December 5, 2000, December 12, 2000 CITIZEN ~PORTS 3 Keemve ~ update ~om Co~W Co~smoner J~m C~er reg~d~ng counW ~ssues 4 Tom Kay reg~dmg C~W of Denton d~p fees 5 C~olyn Phflhps reg~dmg representation of nmghborhood groups ~n Southeast Denton 6 Billy Br~field reg~dmg co~ml actions Caty of Demton City Council Agenda January 1~, 2001 Page 2 CONSENT AGENDA Each of these ~tems as recommended by the Staff and approval thereof will be strictly on the basas of the Staff reeommendatmns Approval of the Consent Agenda authorizes the Caty Manager or has desagnee to amplement each ~tem an accordance with the Staff recommendatmns The City ,Council has received background mformatmn and has had an opportumty to rinse questmns ~egardang these items pnor to conslderatnon Lasted below are bids, purchase orders, contracts, and other atems to be approved for payment under the Consent Agenda (Agenda Item 7-13) Th~s hstmg ~s prowded on the Consent Agenda to allow Council Members to dascuss or wathdraw an item prior to approval of the Consent Agenda If no 1terns are pulled, Consent Agenda Item 7-13 below wall be approved w~th one motion If atems are pulled for separate discussion, they will be considered as the first 1terns under "Items for Ind~vadual Consaderatlon" 7 C0nsader adoptaon of an ordinance accepting competatlve b~ds and awarding a public works contract for the construction of a metal bmld~ng for compost storage and processing, providing for the expendature of funds therefore, and providing an effectave date (Bad 2616 - Metal Bmld~ng for Compost Storage and Processang awarded to Wayne Allen Constmctaon Co an the amount of $97,000) 8 Consider adoptaon of an ordinance accepting competitive b~ds by way of an Interlocal Agreement with the City of Cedar Hill and awarding a contract for the purchase of two Type I ambulances, prowdmg for the expenditure of funds therefore, and provldmg an effeetave date (File 2634 - Interlocal Agreement for two Type 1 ambulances w~th the City of Cedar Hall, contract awarded to Fraz~er Inc ~n the amount of $78,800 each Total award as $157,600) 9 Consader adoptaon of an orthnance accepting competatave b~ds and awarthng an annual contract for the purchase of instrument transformers, providing for the expenditure of funds therefore, and provad~ng an effectave date (B~d 2596 - Instrument Transformers awarded to Ratz Transformers an the approximate amount of $40,000 per year) 10 Consider adoption of an ordanance acceptmg sealed proposals and awarding a contract for employee long and short-term chsabfllty insurance, prowdang for the expenditure of funds therefore, and promdang an effectave date (RFSP 2599 - Employee Long and Short Term Dasablhty Insurance awarded to UNUM Life Insurance Co in the estimated annual cost of $174,282) 11 Consader adoptaon of an or&nance acceptang competitive b~ds and awarding a contract f~r the purchase of purple PVC reuse water pape and valves, provid~ng for the expenditure of funds therefore, and prowdang an effectave date (Bad 2597 - PVC Pressure Pape and Fittings awarded to Sherman Water & Sewer in the amount of $107,222) 12 Consader adoptaon of an ordanance provad~ng for the expenthture of funds for the purchase of two mdusmal tractors and one heavy duty rough terrain forklift, provathng ~'0r the expendature of funds therefore, and prowthng an effectave date (B~d 2615 - Ifldustrml Tractors and Forkhft, Item 1, awarded to Future Eqmpment m the amount of City of Denton City Council Agenda January 16, 2001 Page 3 $35,430, Item 2 awarded to Stewart and Stevenson in the amount of $47,662 The total award amount as $83,092) 13 Consider adoption of an ordinance authorizing the City of Denton, Texas, to amend Chapter 14 "Health and Human Services" of the City Code by estabhshing a new Article VI "Neighborhood Empowerment Program" to enhance and improve neighborhoods throughout the City of Denton, creating a Neighborhood Empowerment Advisory Board, estabhshmg criteria and gmdehnes for the approval of matching contributions under applications by eligible persons under the program, setting forth additional details In relation to the program, providing a severabihty clause, providing a savings clause, and providing an effective date PUBLIC,HEARINGS 14 Hold a public heanng and consider amending thc Thoroughfare Component of the Denton Mobility Plan to eliminate Westward Drive as a collector street between Northway Drive and Bonnie Brae Street ITEMS FOR INDIVIDUAL CONSIDERATION 15 Consider approval of a resolution adopting the City of Dcnton's 2001 State Legislative Program for the 77th Legislative Session of thc Texas Legislature, and providing an effective date 16 Consider nommations/appomtments to the City's Boards and Commissions 17 New Business Tins item provides a section for Council Members to suggest items for future agendas 18 Items from the City Manager A Notification of upcoming meetings and/or conferences B Clarification of items on the agenda 19 Possible continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 20 Official Action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act CERTIFICATE I certify that the above notice of meelmg was posed on the bulletin board at the City Hall of the Cityof. fl~n~n, Texas, onthe [,-~, dayof (.J~./7//~l/J. ,2001 at ~'~l~o'clock (a m V(~,m)) - {/' .... '~7 CITY S-ECRE~ARY ! C~ty of Denton Clty Council Agenda January 16, 2001 Page 4 NOTE THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE CITY OF DENTON CITY COUNCIL MINUTES Agenda Iterp_.,.C//eo,~ November 28, 2000 r}ate [/[~/~/ _ A~er dete ~mng ~at a quota w~ present ~d convemng m ~ Open Meeting, ~e C~W Co.cfi c~ ,nvened m a Closed Meeting on ~esday, November 28, 2000 at 5 15 p m zn the C~ty of Denton Co~ml Work Session Room P~SENT Mayor Brock, Mayor ~o Tm Beasley, Co.cd Members B~oughs, Coc~, D~ce, ~stoferson ~d Yegg ~SENT' None 1 Closed Session A Dehberat~om Reg~ng Ce~mn Pubhc Power Utilities Competitive Matters - --Under TEX GOV'T Code Section 551 086 ** Dehberat~ons Concemng Real Prope~ --- Under TEX GOV'T CODE Section 551 072 Consulta~on W~ Attorney ---Und~ TEX ~V'T CODE Section 551 071 0) Received confiden~ competitive elecmc utility mfommlon ~om Staff, d~scuss~, dehborated, considered, prowded Staff w~th ~rectlon, voted, ~d took action ~ necess~ respecting the valuation of, ~d ~e posmble sale, ~sfer, ~sx~ent, or other ~vest~e of real prope~ peammng to ~e C~ty of D~ton's elecmc utility systems, mcludtng, w~om hm~ta~on ~e ~bbons Creek generation faclhty located m ~mes Co~ty, Texas, ~e Spencer generatxon facd~ty located on Spencer Road ~n Denton Co~, Texas, the ~o hy~oelecmc famht~es located ~n Denton Co.V, Texas, ~d other components of the Cxty's elecmc g~eratlon assets Conduct a consultation w~th ~e C~ty's attorneys m order to obtmn · e adwce ~d recomendataom of the C~'s a~omeys concerning the above-ref~enced ~ssues, where to discuss such ~ssues ~d ma~ers in a pubhc meeting wo~d conflict w~th the a~omey's duties ~d profesmonal responmbfl~t~es to ~ezr chent ~der ~e Texas Dxsmplln~ Rules of Professional Conduct B Receaved mfomat~on ~om Staff, d~scussed, dehberated, considered, ~d provided Staff w~ adwce ~d dxrect~on pe~mmng to the location of, ~e p~ch~e price of, ~e possxble terns of p~chase of, negotmt~ng xssues, ~d valuation ~ssues respecting ~e possible acqms~txon by ~e C~ of Denton of real prope~ e~ement interests, comprising mx p~cels as follows 0 544 acre, 0 851 acre, 1 090 acre, 1 045 acre, 0 216 acre, 0 648 acre, all ~aets being situated w~m ~e F Dau~e~ S~ey, AbsWact No 348, ~n Denton Co~, Texas, w~ch ~qmmtxons ~e for a pubhc pu~ose, (~avey~d Brach S~t~ Sewer ProjecO C R~exved mfomat~on ~om Staff, dxscussed, dehberated, conmdered, ~d prowded St~f w~th ad.ce ~d d~rect~on peamnmg to the location of, the p~chase price of, ~e posmble terns of p~ch~e of, negot~a~ng issues, ~d valuatxon ~ssues respecting the posmble acqms~t~on by the Cxty of Denton of mai prope~ bmng 0 4626 acre of l~d located ~n the H~rm S~sco S~ey, Abs~act No 1184, C~ of Denton, Denton Cowry, Texas, which acqmmt~on ~s for a pubhc p~ose C~ty of Denton C~ty Cotmcfl Minutes November 28, 2000 Page 2 D Received reformation from Staff, discussed, dehberated, considered, and provided Staff with advice and dxrectxon pertalmng to the location of, the purchase price of, the possible terms of purchase of, negotmtxng issues, and valuation issues respecting the possible aeqmsmon by the City of Denton of real property bexng 0 2927 acre of land located in the Hiram Slsco Survey, Abstract No 1184, Cxty of Denton, Denton County, Texas, which acquisition as for a public purpose Regular Meeting of the City of Denton Cxty Council on Tuesday, November 28, 2000 at 6 30 p m in the Council Chambers at Cxty Hall 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 The Mayor presented the American Planning Association - Texas Chapter Planning awards a) Comprehensxve Planning Awards - The Denton Plan b) Current Planning Award - Visual Preference Survey 3 The Mayor presented the Texas Mumclpal League Excellence Awards a) Communications - Visual Preference Survey b) Public Safety - Victim's Assistance Program 4 Mayor Brock presented Yard of the Month Awards to Cybfl and Gene Gordon Randy and Denise Estep Jim and Joyce White Kathy, Leshe and Walter Hartman Mrs Claudia Moncnef Ctmsta and Elama Orosco and Family Taco Bell - West Umverslty CONSENT AGENDA Item #23 was pulled from consideration Mayor Brock requested that Item #26 be pulled and rescheduled as an Item for Individual Consideration at a future meeting City of Denton City Council Minutes November 28, 2000 Page 3 Burroughs motioned, Cochran seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items #23 and #26 On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion camed unanimously 5 NO 2000-421 AN ORDINANCE ACCEPTING COMPETITWE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF PAViNG, DRAINAGE AND WATER DISTRIBUTION SYSTEM IMPROVEMENTS ON BRINKER ROAD, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2577 - BRINKER ROAD PAVING, DRAINAGE AND WATER SYSTEM IMPROVEMENTS AWARDED TO CONASTER CONSTRUCTION INC IN THE AMOUNT OF $959,931 50) 6 NO 2000-422 AN ORDINANCE PROVIDING FOR EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASE OF MATERIALS, SUPPLIES OR SERVICES IN ACCORDANCE WITH PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING, AND PROVIDING AN EFFECTIVE DATE (PO 10775-DARR EQUIPMENT CO, IN THE AMOUNT OF $44,211 11) 7 NO 2000-423 AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH DENTON COUNTY AND AWARDING A CONTRACT FOR THE PURCHASE OF 3/8" DOWN ROCK, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDiNG AN EFFECTIVE DATE (PO 10778 - MARTIN MARIETTA FOR 3/8" DOWN ROCK IN THE AMOUNT OF $24,963 00) 8 NO 2000-424 AN ORDiNANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO THE CONTRACT BETWEEN THE CITY OF DENTON AND DENTON AREA TEACHERS CREDIT UNION, PROVIDING FOR THE INCREASE IN THE CONTRACT TERM AND AN INCREASE IN THE PAYMENT AMOUNT, AND PROVIDING AN EFFECTIVE DATE (ORDINANCE 98-388 LEASE OF OFFICE SPACE FOR FIRE ADMINISTRATION IN THE AMOUNT OF $36,000 PLUS CHANGE ORDER 1 IN THE AMOUNT OF $18,000 PLUS CHANGE ORDER 2 IN THE AMOUNT OF $18,000, CHANGE ORDER 3 PURCHASE ORDER 10777 IN THE AMOUNT OF $43,300 00) City of Denton C~ty Council Minutes November 28, 2000 Page 4 9 NO 2000-425 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE LEASE OF A MODULAR OFFICE BUILDING, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2587 - LEASE OF MODULAR BUILDING TO GE MODULAR SPACE IN THE AMOUNT OF $35,462 00 FOR 36 MONTHS) 10 NO 2000-426 AN ORDINANCE ACCEPTING PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASE OF CARDIAC MONITOR / DEFIBRILLATORS WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE (PO 10762 TO MEDTRONICS / PHYSIO CONTROL IN THE AMOUNT OF $69,616 50) 11 NO 2000-427 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASE OF EQUIPMENT USED IN EXPLOSIVE DEVICE INCIDENTS WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE (PO 10771 TO MED ENGINEERING SYSTEM, INC, IN THE AMOUNT OF $g5,032 00) 12 NO 2000-428 AN ORDINANCE AMENDING ORDINANCE NO 2000-049 PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF POLICE OFFICER, RENAMING CERTAIN POSITIONS IN THE CLASSIFICATION OF "BATTALION CHIEF" FOR FIREFIGHTERS AND CREATING NEW CLASSIFICATIONS BY DELETION AND RECLASSIFICATIONS, PRESCRIBING THE NUMBER OF POSITION IN EACH CLASSIFICATION OF FIREFIGHTER, PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, AND DECLARING THE EFFECTIVE DATE OF OCTOBER 1, 2000 13 NO 2000-429 AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLOYEES IN THE CLASSIFICATION OF BATTALION CHIEF-EMERGENCY MEDICAL SERVICES MANAGER, BATTALION CHIEF-INFORMATION SERVICES MANAGER, AND CAPTAIN-LOGISTICS/MAINTENANCE WHO ARE &SSIGNED TO PERFORM SPECIALIZED FUNCTIONS ON A FORTY-HOUR WORK WEEK IN THE FIRE DEPARTMENT AND PROVIDING AN EFFECTIVE DATE City of Denton City Council Minutes November 28, 2000 Page 5 14 NO 2000-430 AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLOYEES WHO ARE ASSIGNED TO PERFORM SPECIALIZED FUNCTIONS OF FIELD TRAINING OFFICER IN THE FIRE DEPARTMENT, AND PROVIDING AN EFFECTIVE DATE 15 NO 2000-431 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE 16 NO R2000-059 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE DONATION OF BODY ARMOR WHICH NO LONGER HAS VALUE TO THE CITY OF DENTON TO NORTH CENTRAL TEXAS COLLEGE AND TO THE ROTARY CLUB OF DENTON, AND PROVIDING AN EFFECTIVE DATE 17 NO 2000-432 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTRY CLUB, FORMERLY KNOWN AS THE NEW DENTON COUNTRY CLUB, RELATING TO THE PURCHASE OF A PUBLIC UTILITY EASEMENT, SANITARY SEWER EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS 1N THE F DAUGHERTY SURVEY, ABSTRACT NUMBER 348 AND THE G DAUGHERTY SURVEY, ABSTRACT NUMBER 351, DENTON COUNTY, TEXAS AND OTHER CONSIDERATIONS REGARDING THE PENDING GRAVEYARD BRANCH SANITARY SEWER PROJECT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE 18 NO 2000-433 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND FRANCILLE PHILLIPS AND ALBERT PEREZ, RELATING TO THE PURCHASE OF 0 4626 ACRE OF LAND LOCATED 1N THE HIRAM SISCO 320 ACRE SURVEY, ABSTRACT NO 1184, FOR USE BY THE POLICE DEPARTMENT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE 19 NO 2000-434 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND ROBERT H CALDWELL, III, ELLEN E CALDWELL, LAURA C CALDWELL AND JAMES H CALDWELL, RELATING TO THE Ctty of Denton Cxty Council Minutes November 28, 2000 Page 6 PURCHASE OF 0 2927 ACRE OF LAND LOCATED IN THE HIRAM SISCO 320 ACRE SURVEY, ABSTRACT NO 1184, FOR USE BY THE POLICE DEPARTMENT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE 20 NO 2000-435 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 046 ACRE OR 2,009 SQUARE FEET TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE N H MEISENHEIMER SURVEY, ABSTRACT NO 810 IN THE CITY OF DENTON, 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 STREET IMPROVEMENTS FOR US HIGHWAY 77, RESCINDING THAT CERTAIN REAL ESTATE CONTRACT DATED OCTOBER 17, 2000 BETWEEN THE CITY OF DENTON AND W H BOTTOMS PERTAINING TO THE SUBJECT PROPERTY, DECLARING AN EFFECTIVE DATE (PARCEL 20) 21 NO 2000-436 AN ORDINANCE AMENDING CHAPTER 22 "PARKS AND RECREATION" CODE OF ORDINANCES, CITY OF DENTON, TEXAS BY AMENDING SECTION 22-1 TO CHANGE NAME OF BOARD TO PARKS, RECREATION, AND BEAUTIFICATION BOARD, ADDING TO SECTION 22-4, CODE OF ORDINANCE, "DUTIES" TO INCLUDE THAT THE BOARD SHALL HAVE THE DUTY TO MAKE RECOMMENDATIONS TO THE CITY COUNCIL AND THE PARKS AND RECREATION DIRECTOR REGARDING POLICY MATTERS RELATED TO COMMUNITY APPEARANCE, BEAUTIFICATION AND THE CITY'S ENVIRONMENT, ADDING SECTION 22-5, PROVIDING FOR THE TEMPORARY APPOINTMENT OF TWO ADDITIONAL MEMBERS TO THE BOARD WITH BEAUTIFICATION EXPERIENCE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE 22 NO 2000-437 AN ORDINANCE REPEALING ORDINANCE NO 93-093 IN ORDER TO DISSOLVE THE "KEEP DENTON BEAUTIFUL BOARD", AMENDING CHAPTER 2 "ADMINISTRATION" ARTICLE VII, "DENTON CODE OF ORDINANCES", CITY OF DENTON, TEXAS PROVIDING THAT "KEEP DENTON BEAUTIFUL, INC" IS DESIGNATED AS THE APPROPRIATE AGENCY TO IMPLEMENT THE "TREE City of Denton City Council Mmutes November 28, 2000 Page 7 CITY USA" PROGRAM, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTWE DATE 23 Tlus item was pulled from consideration 24 This item was pulled from constderatlon 25 NO 2000-438 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING NO PARKING ON THE NORTH SIDE OF PRAIRIE STREET FROM ITS INTERSECTION WITH BONNIE BRAE EAST ONE HUNDRED AND EIGHTY FEET, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS, AND PROVIDING FOR AN EFFECTIVE DATE 26 Th~s ~tem was not considered PUBLIC HEARINGS 27 The Cotmcfl held a pubhc heanng and considered an ordinance amending Chapter 33 of the Code of Ordinances, City of Denton, Texas, amending Signs and Advertising Devices to allow sandwmh board s~gns m the Central Business District and adding the defimtlon and standards, for sandwich board s~gns The Planning and Zoning Commlssmn recommended approval (6-0) w~th conchtmns (SI-00-20, Sign Ordinance) Doug Powell, D~reetor of Planning and Development, stated that the ordinance would allow sandwmh board s~gns ~n the Central Business Dlsmct and could only be used in areas with sidewalks that were 12 feet wide The Mayor opened the pubhc heanng No one spoke dunng the pubhc heanng The Mayor closed the pubhc heanng The following ordinance was considered NO 2000-439 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 33 OF THE CODE OF ORDINANCES, CITY OF DENTON, TEXAS, AMENDING SEC 33~2, PROVIDING FOR DEFINITION OF SANDWICH BOARD SIGN, AMENDING SECTION 33-4, PROVIDING FOR THE ALLOWANCE OF SANDWICH BOARD SIGNS IN THE CENTRAL BUSINESS DISTRICT, AMENDING SEC 33-184, PROVIDING FOR THE STANDARDS FOR SANDWICH BOARD SIGNS, PROVIDING FOR A PENALTY IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS, AND PROVIDING FOR AN EFFECTIVE DATE C~ty of Denton City Council Minutes November 28, 2000 Page 8 Coehran motioned, Beasley seconded to adopt the ordinance with a wording change m Item 3D11 to state "shall" instead of"may" It was also informally recommended to have a review m a year to isee how the ordinance was working On roll vote, Beasley "aye", Burroughs "aye", Coehran ?aye", Durranee "aye", Knsto£erson "aye", Young "aye", and Mayor Brock "aye" MoUon earned unammously 28 The Council held a public heanng and considered amending the C~ty of Denton Mobthty Plan-Roadway Component, £or State School Road Connector Dave Solman, Engmeenng Admlmstrator, stated that the specffic area o£ consideration was around Wind R~ver Lane It was recommended to bmld a collector s~reet between State School Road and Wmd R~ver Lane plus a street connecting Sundown Ranch with the new collector street The developer m the area agreed to develop a porhon of the collector street when the property was developed The State School did not have an oplmon on the street and the City would have to bmld the other portion of the street in a future CIP The Mayor opened the pubhc heanng No one spoke dunng the public heunng The Mayor closed the public heanng Young motioned, Burroughs seconded to adopt the ordinance Mayor Pro Tem Beasley suggested a friendly amendment to add a condition that env~romnentally sensitive areas would be preserved with th~s alignment Burrough~ motioned, Durrance seconded to reopen the public heanng On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously Burroughs mottoned, Young seconded to continue the pubhc heanng until the December 12th meeting and have staff notify the State School of that meeting On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion carried unammously ITEMS FOR INDIVIDUAL CONSIDERATION 29 The Council considered adoption of the first reading of an ordinance to involuntarily annex approximately 1,161 acres of land located in the southwestern section of the City of Denton extratemtonal junsdict~on (ET J), for the following tracts Tract #1: approximately 504 acres of land located in the southwestern side of the C~ty of Denton's extratemtonal jurisdiction west of U S Highway 377, south of Allred and north and south of Johnson Lane City of Demon City Council Minutes November 28, 2000 Page 9 Tract #2: approximately 655 acres of land located in the southwestern sade of the City of Denton's extratemtonal jurisdiction east of Interstate Highway 35 West and west of the Kansas City Southern Rmlway Company, extending south along Bonnie Brae approximately 6,400 feet north of intersection o£U S Highway 377 Tract #3. approximately 1 7 acres of land located northeast of the intersection of Corbm and Bonme Brae Dave Hill, Assistant City Manager for Development, stated that this was the first reachng of the ordinance for annexation Tract 1 contained 504 acres, Tract 2 contained approximately 653 acres and Tract 3 had 1 7 acres Tract 1 was subject to deletion pending continuing work to reach agreement with the property owners regarding non~levelopment of the area That tract could be deleted at the time of the second reading Mets and bounds could be changed at that time if the property was deleted at the tame of the second reading The following individuals spoke regarding the issue Pamcla Brown, 4300 Johnson Lane, Argyle, 76226 - opposed Peggy Smith Bassham, 5094 Johnson Lane, Argyle, 76226 - opposed Tom Holaman, 3246 South Bonme Brae, Denton, 76207 - opposed Charles Hackett, 6900 Country Club Road, Argyle, 76226 - opposed M C Bureh, 7030 Country Club Road, Denton, 76210 - opposed E D Calvert, Rt 6, Box 114, Denton, 76210 - opposed Pochard Burch, 2601 Buckingham Drive, Denton, 76209 - opposed Mont Wilkes, 141 Springfield Lane, Argyle, 76226 - opposed The following individuals submitted Speaker Cards Mallard Smith, 1996 Huhng Road, San#er, 76266 - opposed Walter and Betty Leatherwood, 1188 Hickory Creek Road, Denton, 76210 - opposed Tommy Calvert, 5299 Settlers Creek Road, Denton, 76210 - opposed Nelda Burch Hackett, P O Box 998, Argyle, 76226 - opposed Burroughs motioned, Beasley seconded to approve the first reading of the annexation ordinance with the mets and bounds as distributed to be part of ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "nay", and Mayor Brock "aye" Motion camed with a 6-1 vote 30 The Cotmcll considered adoption of the first reading of an ordinance to involuntarily annex approximately 1,104 acres of land located an the southwestern section of the City of Denton extratemtonal jurisdiction (ET J), for the following tracts Tract #1. approximately 1,100 acres of land located on the southwestern side of the City of Denton's extratemtonal jurisdiction east of U S Highway 377, south of Regency Court on each sade of Country Club Road, west of Montecato along Ryan Road and mostly north of Brash Creed Road City of Dcnt~n City Council Minutes November 28, 2000 Page 10 Tract//2: approximately 3 6 acres of land located on the southwestern side of the City of Denton's extraterritorial jurisdiction west of Monteclto, south of El Pasco and east of Santa Monrca Dave Hill, Assistant City Manager for Development Services, presented a corrected mets and bounds document for Council consideration Tract 1 was 920 1 acres, and Tract 2 was 3 6 acres Some tracts could still be considered for removal if agreements were reached to restrict development in those areas The following m&vlduals spoke on the issue Charles HackeR, Box 998, Argyle, 76226- opposed M, C Bnrch, 7030 Country Club Road, Denton, 76210 - opposed Rachard Butch, 2601 Buckingham Dave, Denton, 76209- opposed Bob Heihc, 3855 Leisure Lane, Denton, 76210 - opposed The following Speaker Cards were submitted Tommy Calvert, 5299 Settlers Creek Road, Denton, 76210 - opposed Nelda Burch Hackett, P O Box 998, Argyle, 76226 - opposed Janelle Burch, 2601 Buckangham Dave, Denton, 76209 - opposed Burroughs motioned, Beasley seconded to approve the first reading of the orchnance with the mets and bounds as provided On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "nay", and Mayor Brock "aye" Motion camed with a 6-1 vote Mayor Brock left the meeting 31 The Council considered approval of a resolution approving the Sinus Enterprises Addition ProJect Plan The 1 9247 acre property was located on the north side of Mlngo Road between Loop 288 and Fish Trap Road on Sinus Dave Light industrial development was proposed (SP00-104, Sinus Enterprises facility) Doug Powell, Director of Planmng and Development, stated that this site was located on the north side of M~ngo Road The owners of the property had subdivided the property into three parcels The ProJect Plan, w~th the conchtlons suggested by the Planning and Zomng Commission, met the requlremants of the nonresidential interim regulation Kent Bell spoke m favor of the project plan The following resolution was considered NO R2000-060 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN FOR SIRIUS ENTERPRISES FACILITY, BEING AN APPROXIMATE 1 9247 ACRE SITE LOCATED ON THE NORTH SIDE Cxty of Denton C~ty Council Minutes November 28, 2000 Page 11 OF MINGO ROAD BETWEEN LOOP 288 AND FISH TRAP ROAD ON SIRIUS DRIVE, AND PROVIDING FOR AN EFFECTIVE DATE (SP-00-014, SIRIUS ENTERPRISES FACILITY) Young motioned, Burroughs seconded to approve the resolution with an added condition that 75% of the west elevation of the bmldmg would be masonry On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "nay", and Young "aye" Motion earned with a 5-1 vote 32 The Council considered adoptmn an ordinance to annex an approximately 37 8 acre tract of land located southeast of the comer of Teasley Lane and Hmkory Creek Road in the extratemtonal jurisdiction of the City of Denton, Texas, to approve a service plan for the annexed property, to provide a severablhty clause and to provide for an effective date Second reading of ordinance (A-100, Forester Tract) Doug Powell, Director of Planning and Development, stated that this was a voluntary annexation and the final reading of the ordinance to annex The following ordinance was considered NO 2000-440 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 37 8 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED SOUTHEAST OF THE CORNER OF TEASLEY LANE AND HICKORY CREEK ROAD IN THE B MERCHANT SURVEY, ABSTRACT NO 800, DENTON COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE (A-100) Krtstoferson motioned, Durrance seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Coehran "aye", Durrance "aye", Knstoferson "aye", and Young "aye" Motion earned unammously 33 The Council considered adoption of an ordnance of the City of Denton, Texas authorizing the City Manager to execute an agreement for professional legal services with the law offices of Jun Boyle, PLLC for services pertaunng to lobbying activity and legislative 77 Texas legislature, matters related to Denton Municipal Utilities for the term of the th authorizing the expenditure of funds therefor, and providing an effective date The following orchnance was considered NO 2000-441 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW OFFICES OF JIM BOYLE, PLLC FOR SERVICES PERTAINING TO LOBBYING ACTIVITY AND LEGISLATIVE MATTERS City of Denton City Council Minutes November 28, 2000 Page 12 RELATED TO DENTON MUNICIPAL UTILITIES FOR THE TERM OF THE 77TM TEXAS LEGISLATURE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE Durrance motioned, Young seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Young "aye" Motion earned unammously 34 The Council considered approval of a resolution of the C~ty Council of the C~ty of Denton, Texas, supporting the Dallas 2012 Bid Committee ~n ars efforts to secure the 2012 Olympic Games, and declanng an effective date The following resolution was considered NO R2000-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, SUPPORTING THE DALLAS 2012 BID COMMITTEE IN ITS EFFORTS TO SECURE THE 2012 OLYMPIC GAMES, AND DECLARING AN EFFECTIVE DATE Burroughs motioned, Young seconded to approve the resolution On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durranee "aye", Knstoferson "aye", and Young "aye" Motion earned w~th a 5-1 vote 35 The Council considered and took action on a request from the Resldentml Interim Regulations, Ordinance 2000-046, for an approximate 3 4-acre property located at the southwest corner of Ryan Road and Montee~to Drive The property was an a Planned Development (PD- 22) zoning d~stnet A Detailed Plan for duplex apartments for Good Samaritan Village was proposed (RR-00-109, Good Samaritan) Juhe Marko spoke m favor of the request Knstoferson motioned, Young seconded to approve the request On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Young "aye" Motion earned unammously 36 New Business There were no items of New Business suggested by Council Members for future agendas 37 Items from the C~ty Manager City Manager Jez d~d not have any items for Council 38 There was no eontlnuat~on of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act City of Denton C~ty Council Minutes November 28, 2000 Page 13 39 There was no official action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act With no further business, the meeting was adjourned at 10 00 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES December 5, 2000 Work Session of the C~ty of Denton C~ty Council on Tuesday, December 5, 1999 at 5 00 p m in the Council Work Session Room at C~ty Hall, 215 E McKanney Street, Denton, Texas PRESENT Mayor Brock, Mayor Pro Tem Beasley, Counml Members Burroughs, Cochran, Durrance, Knstoferson and Young ABSENT None 1 The Counml received a report and held a d~scuss~on w~th Leadership Denton Councd and Leadership Denton met m the Work Session Room and d~scussed various topics relative to the C~ty of Denton Regular Meetmg of the C~ty of Denton C~ty Counml on Tuesday, December 5, 2000 at 6 00 p m ~n the Cotmcfi Chambers at C~ty Hall, 215 E McKanney Street, Denton, Texas 1 Pledge of Allegiance The Cotmc~l and members of the and~ence recited the Pledge of Allegmnce to the U S and Texas flags 2 The Council considered approval of the m~nutes of October 17, 2000, October 24, 2000, October 27, 2000, November 7, 2000, November 8, 2000 and November 14, 2000 Young motioned, Durrance seconded to approve the minutes as presented On roll vote, Beasley "aye", Burroughs "aye", Cochrma "aye", Dun'mace "aye", Krlstoferson "aye", Young "aye", and Mayor Brock "aye" Morton camed unammously PROCLAMATIONS/PRESENTATIONS 3 Proclamanons A Mayor Brock presented a proclamataon for Volunteer Blood Donor Month CONSENT AGENDA Burroughs motmned, Durrance seconded to approve the Consent Agenda and accompanying ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", ICnstoferson "aye", Young "aye", and Mayor Brock "aye" Motion camcd unammously 4 NO 2000442 AN ORDINANCE AUTHORIZING THE CITY OF DENTON, TEXAS, TO JOIN SISTER CITIES INTERNATIONAL AND TO ASSIST WITH A SEARCH FOR AN APPROPRIATE SISTER CITY, AND TO AUTHORIZE TRAVEL EXPENSES TO V~SIT POTENTIAL SISTER CITY NOMINEES,, PROVIDING RETROACTIVE EFFECT, AND AUTHORIZING THE CITY MANAGER TO TAKE OTHER ACTION CONSISTENT WITH THIS ORDINANCE, AND PROVIDING AN EFFECTIVE DATE City of Denton City Council M~nutes December 5, 2000 Page 2 Following thc completion of the Regular Meeting, the Councd convened in a Work Session ~n the Council Work Session Room 1 The Council received a report, held a d~scuss~on and gave staff d~rect~on regarding an update of the City of Denton Transportation Program Dave Hill, Assistant C~ty Manager for Development Serwces, stated that staff had prepared an update of projects m various stages of planmng, design, funding or construction He rewewcd the projects as presented m thc agenda materials Council Member Knstoferson suggested holding a jmnt meeting w~th the County Commissioners ~n order to rcmew projects that were both ~n the C~ty and the County Jerry Clark, Director of Engmeenng and Transportation, reviewed projects as hsted ~n the Transportation notebook 2 Thc Council received a report, held a d~scuss~on and gave staff d~mctlon regarding Traffic Impact Analys~s Criteria David Salmon, Engmecnng Administrator, stated that three ~ssues had been rewewed w~th respect to the Traffic Impact Analys~s criteria used by mty staff to evaluate development proposals Those issues were that thc c~ty had been operating w~th a rural standard for Level of Service and ~t was suggested that thc standard be reevaluated to consider whether the acceptable level of scrwce should be changed to an urban area, draft language that all developments pay for or install their proportional share of roadway ~mprovements based on their proportional ~mpact out traffic ~(~s the current standard that allowed the first compared to the total expected bmld developers m an area to use up the frcc capacity ~] Suggested reqmrements were noted ~n the agenda materials Counml agreed that the threshold for requmng a Traffic Impact Analys~s should rcmmn at 1000 vehmles per day and proportion of cost shanng Staff was requested to do further research on what standard to apply and what level of standard to apply 3 Thc Council received a report, held a d~scuss~on, and gave staff d~rectlon regarding the Bmycle and Pedestrian Component of thc Denton Mobility Plan Jerry Clark, D~rcctor of Eng~necnng and Transportation, stated that thc Pedestrian and B~cycle L~nkage Component of the Denton Mob~hty Plan was funded as part of a contract w~th Cater and Burgess m September 1999 The Plan included a written narrative of the object~ves for the future, and proposed routes far outnumbcnng exlstmg routes The Plan's goal was to plan and bmld new famhtlcS that would ~mprove the quahty of hfe m Denton and add mobility alternatives for mtlzens by giving them altemat~ves to the s~nglc occupant vefucle Bmycle and Pedestrian Linkages were broken ~nto four primary components as detmled ~n the agenda materials Staff was recommending Councd approve the Pedestrian and Bmycle Linkages component of thc Denton Mobility Plan Consensus of thc Courted was to proceed as recommended C~ty of Denton City Council Minutes December 5, 2000 Page 3 4 The Council received a report, held a dascuss~on, and gave staff darect~on regarding the Rml and Trucking Component of the Denton Mobility Plan Jerry Clark, D~rector of Englneenng and Transportation, stated that staff had worked to update and expand planmng documents previously defined by the Track Route Map This update added features to the component ~ncludlng rmlroads, railroad crossangs with s~gnals, locations of major truck related operatmns, future truck routes, hazardous waste routes, and approved industrial and commercml zomng dastncts Staff's recommendation was to proceed w~th pubhc heanngs before the Planning and Zoning Commission and City Council and eventual adoption Consensus of the Council was to proceed wah staff's recommendation 5 The Council received a report, held a dascuss~on, and gave staff dlrect~on regarding the interpretation of section 34-114 (5) of the code of ordanances regarding perimeter streets Th~s item was not considered 6 The Council received a report, held a dascuss~on and gave staff darect~on regarding rewslng Adm~mstratlve Pohcy No 408 05 "Debt Servme Management" Diana Ortlz, D~reetor of Fiscal Operations, stated that the Debt Management Pohcy was developed in 1995 and adopted by Council m 1996 The City's Financial Advisor and Bond Counsel have both rewewed the proposed rews~ons and their comments and recommendations were incorporated into the proposed pohcy Consensus of the Cotmcfl was to proceed with the proposal 7 The Council received a report, held a dascuss~on, gave staff darectton and take action regarding support for the Texas Municipal League resolutions and Denton's legislative strategy Dottle Palumbo, Senior Assistant City Attorney, rewewed the proposed legislation and the requests fi:om other C~tleS and entlt~es for support of various proposed legislation Council discussed the ~ssues listed by Palumbo and prowded darect~on on the ~ssues to support 8 M~scellaneous Matters from the City Manager C~ty Manager Jez dad not have any Items for Council 9 New Business Council Member Knstoferson suggested a work session item regardang the prohibition of parking vehicles on the grass in front of homes W~th no further business, the meetmg was adjourned at 9 15 p m C~ty of Denton C~ty Councd Minutes December 5, 2000 Page 4 EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES December 12, 2000 Due to inclement weather, th~s meetang was cancelled Items were rescheduled to the meetxng of December 19, 2000 JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ~.oenda Item -~"~ I / i / o l AGENDA INFORMATION SHEET AGENDA DATE: January 16, 2001 Questions concemang thas acqulsatlon may be directed DEPARTMENT: Materials Management to Jim Coulter 349-7194 DuBose, Fiscal and Mumcapal Services '¢ ~ ~' ~ ACM. Kathy SUBJECT: An Ordinance accepting competmve bads and awarding a public works contract for the construction of a metal building for compost storage and processing, prowdmg for the expenditure of funds therefore, and provadmg an effective date (Bid 2616 - Metal Building for Compost Storage and Processing awarded to Wayne Alien Construction Co, tn the amount o£ $97,000) BID INFORMATION' Tins bid as for the eonstructaon of a 50 x 100 x 20 ft h~gh prefabricated metal building with a reinforced concrete foundation This building wall serve as a storage area for "Dyno Dirt" and an area £or bagging and processing compost The building will be located at the Waste Water Treatment Plant near the current compost processing area The compostmg operation received a grant from NCTCOG to provade funding for a small compost bagging machine and a storage building through their Sohd Waste Grant tn December, 1999 The bagging device was purchased tins past spnng The purchase and construction of the Compost Storage Bufldang will complete this grant This grant will provide funding to construct a 50 x t00 x 20 gt metal building for storing the compost bags and provide a working area to fill bags regardless of weather conditions Ultimately the project will help bnng our product, Dyno-Dlrt, to the larger Denton market that does not need compost by the cuinc yard or does not have the truck or trailer currently necessary to purchase it In addition, this step will help close the recycling carcle by making this product available to each person who had a part tn contributing to the original waste stream PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISIONS) The Pubhe Utility Board wall consider tins aeqms]tlon on January 8, 2001 RECOMMENDATION We recommend this bid be awarded to the lowest responsible bidder, Wayne Allen Construction, Co tn the amount of $97,000 Agenda Information Sheet January 16, 2001 Page 2 PRINCIPAL PLACE OF BUSINESS: Wayne Allen Construction, Co Denton, TX ESTIMATED SCHEDULE OF PROJECT' Th~s project has a 90-day completion t~me frame or approximately the last week of April 2001 FISCAL INFORMATION' Th~s project ~s part~ally funded from a NCTCOG Grant ~n the amount of $60,000 (679-082- COMP-001-9106) The $37,000 balance will come from Waste Water Contingency fund account (675-082-0451-8958) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1495 Agenda ATTACHMENT 1 TABULATION SHEET BID # 2616 Date 12/21/00 METAL BUILDING NO I DESCR!p~!?~ VENDOR VENDOR VENDOR VENDOR VENDOR ~ Wayne Alien Hentage Budding DBR i Jones & Jeffrey Davis & Construcbon, Hawkins Co Systems Construcbon Pnnc~ple Place of B~siness DENTON, TX FT WORTH, TX DENTON, TX N LITTLE ROCK, AR DENTON, TX 50'X 100'X 20' PRE- $110,808 00 FABRICATED METAL $94,750 00 $96,561 00 $91,000 00 $33,240 52 ALT $5,788 00 1 BUILDING **FOR COMPOST *$5,91 0 00 PRODUC311ON & *$1,150 00 *$8,118 00 *$6,000 00 STORAGE *$5,750 O0 DELIVERY 110 DAYS 119 DAYS 90 DAYS 250 DAYS 120 DAYS BiD BOND YES YES YES NO YES ' Considered non responsive no B~d Bond enclosed does not ~nclude erection or slab ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A METAL BUILDING FOR COMPOST STORAGE AND PROCESSING, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2616 - METAL BUILDING FOR COMPOST STORAGE AND PROCESSING AWARDED TO WAYNE ALLEN CONSTRUCTION CO IN THE AMOUNT OF $97,000) WHEREAS, the C~ty has solicited, received and tabulated competitive b~ds for the construction ofpubhc works or ~mprovements m 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 heremn described b~ds are the lowest responsible bids for the construction of the public works or Improvements described in the b~d mvttatlon, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competmve bids for the construction ofpubhc works or improvements, as described m the "Bid Inwtatlons", "Bid Proposals" or plans and specifications on file ~n the Office of the City'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 2616 Wayne Allen Construction, Co $ 97,000 SECTION H That the acceptance and approval of the above compeUUve bids shall not constitute a contract between the C~ty and the person submitting the brad for construction of such public works or ~mprovements herein accepted and approved, tmtd such person shall comply with all reqmremcnts spemfied m the Notice to Bidders including the timely execuUon ora wnttan contract and furmshmg of performance and payment bonds, and insurance certificate after notlficaUon of the award of the b~d SECTION m That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or :mprovements in accordance with the bids accepted and approved herein, pro¥1ded that such contracts are made in accordance with the NoUce to Bidders and Bid Proposals, and documents relating thereto spemfylng the terms, conditions, plans and specfficaUons, standards, quantities and spemfied sums contained there~n SECTION IV That upon acceptance and approval of the above competxt~ve bxds and the execution of contracts for the public works and ~mprovements as authorized herein, the City Council hereby authorizes the expendxture of funds ~n the manner and in the amount as specffied in such approved bxds and authorized contracts executed pursuant thereto SECTION V That th~s ordxnance shall become effective xmmedlately upon its passage and approval PASSED AND APPROVED th~s the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY BID 2616 - CONTRACTUAL ORDINANCE 1-2001 AOe,da f/- ff, _ Agenda Item., ~ ~ AGENDA INFORMATION SHEET 0ate ///~'./fY / AGENDA DATE: January 16, 2001 Questions concerning this acqms~tlon may be directed DEPARTMENT. Materials Management to Ross Chadwick 349-8101 Tom Shaw 349-7100 ACM. Kathy DuBose, Fiscal and Mumcipal Services~ ~ ~ SUBJECT: An Ordinance accepting competltxve bxds by way of an Interlocal Agreement w~th the City of Cedar Hill and awarding a contract for the purchase of two Type 1 Ambulances, providing for the expendxture of funds therefore, and providxng an effective date (File 2634 - Interlocal Agreement for two Type 1 Ambulances wxth the City of Cedar Hill, contract awarded to Frazer, Inc in the amount of $78,800 each, total award is $157,600) INTER.LOCAL AGREEMENT INFORMATION On September 10, 2000 the Cxty of Cedar Hill opened competitive b~ds for Type 1 Ambulances Their Council awarded the contract on September 28, 2000 Approval of th~s Interlocal Agreement would allow the Cxty of Denton to accept the Cxty of Cedar Hill bxds and award a contract to Frazer Inc, for two Type 1 Ambulances Other c~ties utilizing this contract through an Interlocal Cooperative Agreement are Desoto, Duncanville, Lancaster and M~dlotfuan The prices received are very competxt~ve and the umts b~d match our exxstmg fleet Section 791 025 of the Texas General Code provides that Local Governments may agree to purchase goods and services through Interlocal Agreements RECOMMENDATION We recommend th~s Interlocal Agreement w~th C~ty of Cedar Hill be approved along w~th Purchase Order 12305 to Frazer, Ine m the amount of $157,600 PRINCIPAL PLACE OF BUSINESS Frazer, Inc Houston, TX ESTIMATED SCHEDULE OF PROJECT: These umts are scheduled for dehvery in 120 days after receipt of an order or the second week in May 2001 Agenda Information Sheet January 16, 2001 Page 2 FISCAL INFORMATION. Funding for these two umts is available from Motor Pool Replacement Fund Account (720-025- 0582-9104) Respectfully submitted Tom Shaw, C P M, 349-7100 Pumhas~ng Agent Attachment 1 Tabulation Sheet from Ctty of Cedar Hill Attachment 2 Purchase Order 12305 to Frazer, Inc Attachment 3 Interlocal Agreement with C~ty of Cedar Hill 1499 Agenda ATTACHMENT 1 CITY OF CEDAR HILL BID TABULATION - TYPE I AMBULANCE SEPTEMBER 10, 1999 @ 2 00 P M COMPANY BID PRICE EXTEND BIO PRICE DELIVERY CHARGE TOTAL PRICE DELIVERY TIME (EACH) (X2) Wheeled Coaqh $ 79,890 $ 159 780 N/A $ 159 780 120 days Frazer $ 78~700 $ 157400 $ 200 ' $ 157~600 120days Phoemx Group No bid AA No b~d PL Custom No bid Amencan No bid ATTACHMENT 3 INTERLOCAL AGREEMENT BETWEEN THE CITY OF CEDAR HILL, TEXAS & THE CITY OF DENTON, TEXAS WHEREAS, Sectmn 791 025 of the Texas Government Code provides that local governments may agree w~th one another through Interlocal Agreements to purchase goods and any servmes reasonably reqmred for the lnstallatmn, operatmn, or mmntenance of the goods, and WHEREAS, a local government that purchases goods and services under that sectmn satisfies the reqmrement of the local government to seek competitive b~ds for the purchase of the goods and services, and WHEREAS, the C~ty of Cedar Hill, Texas and thc C~ty of Denton, Texas w~sh to enter into an agreement to permtt the City of Denton to utilize the C~ty of Cedar Hill's vendor for the purchase of two Type I Ambulances, NOW, THEREFORE, th~s Interlocal Agreement ~s hereby made and entered into by the City of Cedar Hill, Texas and the City of Denton, Texas for and upon the mutual cons~deration stated hereto WITNESSETH SECTION I - IDENTIFICATION OF BID The C~ty of Denton desires to purchase two Type I Ambulances from and under the C~ty of Cedar Hill's B~d No 09-10-99 SECTION II - PAYMENT INFORMATION The City of Denton will process all reqms~tmns, purchase orders, and payments d~rectly w~th the vendor SECTION III - NO WARRANTIES The City of Cedar Hill makes no warrant~es or representations of any manner w~th respect to the goods and services to be purchased by the City of Demon from the vendor, and d~sclmms all such warrant~es, whether express or ~mphed and the City of Denton expressly acknowledges that the C~ty of Cedar Hill has no respons~bthty as to the smtabfl~ty, utility, or adequacy of the goods to be purchased SECTION 1V - AUTHORIZATION The Mayor ~s authorized to enter ~nto th~s Interlocal Agreement for the C~ty of Denton The Mayor ~s authorized to enter ~nto thas Interlocal Agreement for the C~ty of Cedar Hill INTERLOCAL AGREEMENT - PAGE I SECTION V - ENTIRE AGREEMENT This Interlocal Agreement may not be assigned and embodies the entire agreement between the City of Cedar Hill and the City of Denton and may be amended only in writing SECTION IV - EFFECTWE DATE It is agreed by the City of Cedar Hill and the City of Denton that no purchases will commence hereunder until this Interloeal Agreement has been fully executed by the parties hereto IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized elected official on these dates City of Denton ,2001 City of Cedar Hill ,2001 ATTEST CITY C~ty Secretary Mayor, City of Cedar Hill C~ty Secretary Mayor, City of Denton INTERLOCAL AGREEMENT - PAGE 2 File 2634 - Interlocal Agreement wtth Ctty of Cedar Hill, TX ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTER_LOCAL AGREEMENT WITH THE CITY OF CEDAR HILL AND AWARDING A CONTRACT FOR THE PURCHASE OF TWO TYPE 1 AMBULANCES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (FILE 2634 - INTERLOCAL AGREEMENT FOR TWO TYPE t AMBULANCES WITH THE CITY OF CEDAR HILL, CONTRACT AWARDED TO FRAZER, INC IN THE AMOUNT OF $78,800 EACH, TOTAL AWARD IS $157,600) THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager ~s hereby authorized to execute an Interlocal Agreement ~n substantmlly the same form as the one attached hereto and incorporated by reference here,n for the purchase of goods and services from an annual contract awarded by the C~ty of Cedar Hill and on file ~n the office of the C~ty Purchasing Agent SECTION 2 That the C~ty Manager is hereby authorized to purchase two type 1 ambulances in the total amount of $157,600 from Frazer, Inc under competitive b~ds received by the City of Cedar Hill ~n accordance w~th the attached Interlocal Agreement SECTION 3 That the City Manager is authorized to expend funds pursuant to the agreement for the purchase of various goods and services SECTION 4 That this Orchnanee shall become effective immediately upon its passage and approval PASSED AND APPROVED th~s the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY INTERLOCAL AGREEMENT BETWEEN THE CITY OF CEDAR HILL, TEXAS & THE CITY OF DENTON, TEXAS WHEREAS, Section 791 025 of the Texas Government Code provides that local governments may agree with one another through Interlocal Agreements to purchase goods and any services reasonably required for the mstallation, operation, or maintenance of the goods, and WHEREAS, a local government that purchases goods and services under that section satisfies the requirement of the local government to seek competitive bids for the purchase of the goods and services, and WHEREAS, the City of Cedar Hill, Texas and the City of Denton, Texas wish to enter into an agreement to permit the City of Denton to utilize the C~ty of Cedar Hill's vendor for the purchase of two Type I Ambulances, NOW, THEREFORE, this Interlocal Agreement is hereby made and entered into by the City of Cedar Hill, Texas and the City of Denton, Texas for and upon the mutual consideration stated herein WITNESSETH' SECTION I - IDENTIFICATION OF BID The City of Denton desires to purchase two Type I Ambulances from and under the City of Cedar Hill's Bid No 09-10-99 SECTION II - PAYMENT INFORMATION The City of Denton will process all requisitions, purchase orders, and payments directly with the vendor SECTION m- NO WARRANTIES The City of Cedar Hill makes no warranties or representations of any manner with respect to the goods and services to be purchased by the City of Denton from the vendor, and disclaims all such warranties, whether express or lmphed and the City of Denton expressly acknowledges that the City of Cedar Hill has no responsibility as to the smtablhty, utility, or adequacy of the goods to be purchased SECTION IV - AUTHORIZATION The Mayor is authorized to enter into this Interlocal Agreement for the City of Denton The Mayor is authorized to enter into this Interlocal Agreement for the City of Cedar Hill INTERLOCAL AGREEMENT - PAGE 1 SECTION V - ENTIRE AGREEMENT This Inteflocal Agreement may not be assigned and embodies the entire agreement between the City of Cedar Hill and the City of Denton and may be amended only in wnUng SECTION IV - EFFECTIVE DATE It is agreed by the City of Cedar Hill and the City of Denton that no purchases will commence hereunder until this Interlocal Agreement has been fully executed by the parties hereto IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized elected official on these dates City of Denton ,2001 City of Cedar Hill ,2001 ATTEST C~Y Cay Secretary Mayor, C~ty of Cedar Hill City Secretary Mayor, Caty of Denton 1NTERLOCAL AGREEMENT - PAGE 2 File 2634 - Interlocal Agreement wtth C~ty of Cedar Hill, TX ,,. AGENDA INFORMATION SHEET AGENDA DATE' January 16, 2001 Questions concerning tins acqms~t~on may be d~rected DEPARTMENT: Materials Management to Ray Wells 349-7108 ACM' Kathy DuBose, F~scal and Mumc~pal Serwces (~W~ ~ SUBJECT: An Ordxnance accepting competxtxve b~ds and awarding an annual contract for the purchase of instrument transformers, prowd~ng for the expenditure of funds therefore, and prowdxng an effectxve date (B~d 2596 - Instrument Transformers awarded to R~tz Instrument Transformers m the approxxmate amount of $40,000 per year) BID INFORMATION Tins bid xs for an annual contract for xnstrument transformers The ~tems will be ordered as needed for mamtenance and new construction of electric substations After approval by Council, orders will placed for the Teasley Substation, Spencer I Substation, and Spencer II Substation PRIOR ACTION/VIEW (COUNCIL~ BOARDS~ COMMISIONS). The Public Utility Board approved th~s acqmsmon on December 18, 2000 RECOMMENDATION' We recommend th~s b~d be awarded to the lowest responsible bidder, R~tz Instrument Transformers as hsted below Bid Item Description Price 1 Off Filled Voltage Transformer $ 5,200 Each 2 Same as above m sets of 3 $15,200 Set 3 Current Transformers $ 4,950 Each 4 Same as above m sets of 3 $14,850 Set 5 Couphng Capacitor $ 3,700 Each 6 Same as above m sets of 2 $ 7,400 Set PRINCIPAL PLACE OF BUSINESS' R~tz Instrument Transformers Arhngton, TX Agenda Information Sheet January 16, 2001 Page 2 ESTIMATED SCHEDULE OF PROJECT: Dehvery ~s quoted at 16 weeks after receipt of an order Thru annual contract will remmn ~n place through January 16, 2002 FISCAI~ INFORMATION: These transformers wall be ordered as needed and funded from 2001 Elecmc Revenue Bond account (656-080-RB01-3620-9217) Respectfully submitted ~ ~ P M, 349-7100 Tom Shaw, Purchasing Agent Attachment 1 Tabulation Sheet 1498 Agenda ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF INSTRUMENT TRANSFORMERS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2596 - INSTRUMENT TRANSFORMERS AWARDED TO RITZ INSTRUMENT TRANSFORMERS IN THE APPROXIMATE AMOUNT OF $40,000 PER YEAR) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City orchnances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID VENDOR AMOUNT 2596 Ratz Instrument Transformers 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 1Ii That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the submitted bids, the C~ty Council hereby authorizes the expenditure of funds therefor in the amount and ~n accordance w~th the approved bids or pursuant to a written contract made pursuant thereto as authorized herexn SECTION V That thxs ordinance shall become effective ~mmedlately upon ~ts passage and approval, PASSED AND APPROVED this day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2596- SUPPLY-SERVICES ORDINANCE -2001 EXHIBIT "A" Bid # 2596 INSTRUMENT TRANSFORMER ~1~1 =~,, I , i~[~N VENOo~ ~tt~ ~ ~, ,~ ~ ~ ~ RITZ ~ ~ ' , ~ ~l INSTRUMENT I i ' I TRANSFORMERS Pnnclple Place of Business ARLINGTON TX OIL-FILLED VOLTAGE 3 TRANSFORMER $5,200 00 1 OIL FILLED VOLTAGE SETS TRANSFORMER (PRICE FIRM FOR 1 $15,600 00 OF3 2 YEAR FROM BID DATE) 3 CURRENT TRANSFORMER $4,950 00 3 8ETS CURRENT TRANSFORMER (PRICE $14,850 00 OF ;3 FIRM FOR 1 YEAR FROM BID DATE) 4 COUPLING CAPACITOR VOLTAGE 2 TRANSFORMER $3,700 00 5 COUPLING CAPACITOR VOLTAGE SETS OF 2 TRANSFORMER (PRICE FIRM FOR 1 $7,400 00 6 YEAR FROM BID DATE) DELIVERY 16 WEEKS AGENDA INFORMATION SHEET AGENDA DATE January 16, 2001 Questions concerning this acqmsltmn may be directed DEPARTMENT Materials Management to Robert Waggoner 349-7836 ACM Kathy DuBose, Fiscal and Municipal Services (~'{k ~¢~' SUBJECT An Ordinance accepting sealed proposals and awarding a contract for Employee Long and Short Term Disability Insurance, providing for the expenditure of funds therefore, and providing an effective date (RFSP 2599- Employee Long and Short Term Disability Insurance awarded to UNIJM Life Insurance Company in the estimated annual cost of $174,282) RFSP INFORMATION This Request for Sealed Proposals (RFSP) is for the acqmsltion of Long Term Dlsab~hty Insurance for City employees as a part of their benefit package Also included in the RFSP was a section on voluntary participation in a short-term disability insurance program More detailed information was suppl~ed to Council at the work session meeting of January 9, 2001 That document ~s attached for your review PRIOR ACTION/VIEW (COUNCIL~ BOARDS~ COMMISIONS) · Council approved the original contract with UNUM Life Insurance Company on December 15, 1998 (Ordinance 98-437) · Council conmdered this proposal (RFSP 2599) at their Work Session Meetang of January 9, 2001 RECOMMENDATION We recommend tins contract be awarded to UNUM Life Insurance Company of America in the amount ors 42 per $100 of payroll Estimated annual cost is $174,282 PRINCIPAL PLACE OF BUSINESS UNUM Life Insurance Co of America Chattanooga, TN FISCAL INFORMATION Total amount for long-term disability insurance ~s estimated to be $174,282 The cost of the voluntary short-term disability insurance has no budget impact Each participating employee would pay it m full Agenda Informatmn Sheet January 16, 2001 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Agenda Informatmn Sheet for Work Session for January 9, 2001 ATTACHMENT 1 AGENDA INFORMATION SHEET AGENDA DATE January 9, 2001 DEPARTMENT Pask Management ACM Kathy DuBose, Fiscal and Mumclpai Services SUBJECT Receive a report, hold a discussion and give staff direction regarding an ordinance authorizing the City Manager to accept competitive bids and award a contract w~th Unum Life Insurance Company of America to provide long-term dlsablhty ~nsurance and voluntary short-term dlsablhty insurance for C~ty of Denton employees BACKGROUND The City has offered long-term disability insurance to our employees as part of their benefit package since 1984 Our current plan expires 1/31/01 w~th UNUM Life Insurance Company at a current rate of $ 28 per $100 of payroll per month The original contract had a two-year rate guarantee with the opnon to renew for three years Due to industry wtde increases, UNUM's renewal offer was $ 42 (a 49% morease) Tlus exceeded the City's contractual allowance for renewal, thus the City solicited competitive b~ds Unum's $ 42 offer with the provlmon that the City also offer a short-term dmablhty product along with the long- term chsabdlty plan ~s the lowest and best proposal Tlus short-term dlsabdlty product will provide an option for employees who have not accrued enough vacation and s~ck leave to have prod time offdunng a short-term dlsab~hty or wlnle waiting for the mqmred 90-day ehmmat~on penod for long-term dlsabfltty to pass Short-term disability is voluntary (employee prod) and enhances the City's benefit package w~th no fiscal impact on the City of Denton An employee survey was conducted at the City's Health and Wellness Fair The survey results indicated that there was a need for a short-term dlsablhty plan Also dunng our recent health and wellness fmr, employees were asked ~f they would parttclpate in a payroll deduction for short-term dmab~hty Of the 168 responses received, 121 (72%) were in favor ofpartlmpatlng in a short-term dlsablhty program Request for proposals were sent to 20 d~fferent insurers to solicit a compet~tive rate In addition to the request for proposals for long-term disability, mformanon was requested for a voluntary, short-term d~sabthty benefit plan The lowest proposal received was $ 42 per $100 of payroll per month from UNUM Included ~n the proposal from UNUM ~s a voluntary short-term disability plan at no cost to the City The UNUM contract becomes effective 2/1/01 and offers a two-year rate guarantee including a voluntary (employee prod) short-term d~sabihty plan, L~feBalance Employee Assmtance Program and Assist America Global Travel Assistance Program The LlfeBalance Employee Assistance Program prowdes a wealth of practical information for employees such as educatmn, tncludmg emotmnal well being, parenting, and child care, as well as, consumer resources, including mformatmn for home repairs, buying/leasing a car, real estate agents, etc Also, the Assist America Global Travel Assistance promdes mtematmnal access to U S style medimne, 24-hour multilingual services, emergency medical evacuation and repatriation, lost luggage assmtance, legal and interpreter referrals, and hospital admlssmn guarantee OPTIONS Award tb~e contract to UNUM for continued coverage of long-term dmabthty benefits 2 Discontinue long-term d~sabthty coverage as part of the employees' benefits package To lower the costs, change the ehm~natmn period from 90-days to 180 days before benefits begin Tlus would be unfavorable for an estimated 815 of the City's full-time employees with httle or no time accumulated for sick or vacation t~me offlncludmg the loss of current available benefits for approximately 270 employees 4 To lower costs, allow the fire, police and service maintenance workers to receive long-term disability benefits for only 5 years and the rest of the employees to receive the benefit for up to age 65 5 Allow a new benefit for voluntary (employee pald) short-term disability plan PRIOR ACTION/REVIEW C~ty Council approved the original contract w~th UNUM on December 15, 1998, Ordinance # 98-437 FISCAL INFORMATION The total estimated annual cost for the long-term dlsabthty insurance ~s $174,282 The current contract includes a two-year rate guarantee at $ 42 per $100 of payroll with an option to renew for an addmonal one year BID INFORMATION Company Name I Bid Amount Per $100 of Payroll Unum [ $ 42 Standard $ 426 ING (Rehastar) $ 58 Canada Life $ 55 Respectfully submitted Treasury D~rector Long-Term Disability Comparison Company Standard UNUM (Plan 2) (Plan 1) Class ALL ALL Monthly Benefit 60% 60% Max Monthly Benefit $5,200 $5,200 MIn Monthly Benefit $100/10% $100/10% Waiting Perl(~d 90 days 90 days Max Benefit Period Age 65 Age 65 Own Occupation Period 24 Months 24 Months Rate 0 426 0 42 Rate Guarantee 2 Years 2 Years LTD COMPARISON 12100 Company Standard .... UNUM ~ (Plan 1) (Plan 1) (Plan 1) Class 1 2 1 2 1 2 Monthly Benefit 60% 60% 60% co0% 60% 60% Max Monthly Benefit $5,200 $5,200 $5,200 $5,200 $5,200 $5,200 MIn Monthly Benefit $100/10% $100/10% $100/10% $100/10% $100/10% $100/10% Wal~ng Permd 90 days 90 days 90 days 90 days 90 days 90 days Max Benefit Per~od Age 65 5 Years Age 65 5 Years Age 65 5 Years Own Oocupatmn Period 24 Months 24 Months 24 Months 24 Months 24 Months 24 Months Rate 0401 0401 039 039 038 038 Rate Guarantee 2 Years 2 Years 1 Year 1 Year 2 Years 2 Years Sehedule of Imuranee CLASS MONTHLY BENEFIT 1 All Office, Technical and 60% of monthly earnings (rounded Paraprofessional, Management to the next higher $1 00 of benefi0 and Supervision, and to amaxlmum benefit of $5,200 Executive Employees 2. All Service Maintenance, 60% of monthly earnings (rounded Public Safety, Fire, and Police to the next higher $1 00 of benefit) Employees to a maxzmum benefit of $ 5,200 NOTE. The Monthly Benefit shown above will be subject to reduetmns as outlined m the Reduetiom P~ows~on GDC600-209 Page 20 see,~oldm~] em!l lind ~o JeqmnN ShortTerm Disability Income Protection Insurance Unums Short-Term Dtsabthrv (STD) Income Protection insurance allows employers to design a benefits package to meet the unique needs of the workt:orce while balancing benefit needs w~th UNUM. effecrive cost conr=nmem THE IMPORTANCE OF INCOME PROTECTION Protecting everything Unttms STD Income Protection plan provides benefits for short periods of disaNhty due to m/ury ~,ou workd~or or dlness A weekend sports injury, a back disorder, a car accident or a bout of pneumoma are all common causes of short-term disablhry that can leave your company minus a valued employee Consider the fac= · One In seven workers suffers a disability that las= more than one week.~ ~' The average worker has only enough savings to last five weeks or so INTEGRATED, FLEXIBLE PRODUCT CHOICES AND SOLUTIONS Unum's STD Income Protection insurance offers employers and employees a diverse and ~nnovauve portfolio of group short term &sabflirv coverages, with plan chomes and solutions to cover most companies' needs In addition, employers will find · Fleyable funding arrangements ~nclu&ng emplover- and/or emplovee-pa~d options · A wide vanety ofearmngs definmons income replacement percentages and benefit maxamums · Plans thas integrate easily with Unums Long Term Income Protecnon ~nsurance WHAT CAN SHORTTERt~ DISABILITY INCOME PROTECTION DO? Depending on the plan design, STD insurance can · Replace up to 70% of earmngs, up to a mammum of $2,500 a week, · Conranue paying benefits up to 52 weeks, · Cover marermty as well as other short-term thsablmg illnesses or injuries, · Integrate w~th Workers' Compensation and Sorrel Security disability programs, and · Allow for 24-hour coverage RETURN-TO-WORK AND INDEPENDENCE Ar Unum, we know that disabled employees want to return to ~ndependence and go back to work as soon as they are able 3 which Is why we focus on early mtervenuon and specialized rehablhtauon and vocational and worksire modification services to support them ~n th~s endeavor Nanonal Safeq Counnl Accldent Facts 1999 1985 Commtsswnevs Group Dtsabllt~y Table Soc~eq of Actuaries 93% of employees would return to work if the~ could Even tf Dtsabled Americans Want to Work Unura Press Release Wall Streetjouenal Oct 2l 1997 2211 Congress Street PortLand ME 04122 ,.a Prmec.ng Cve~v,h,ng you work l Fountain Square Chattanooga TN 37402 ~.,.t,... ,,oa... ,., ~.d~,~,,.....d ~ UNUM. DISABILITY INCOME PROTECTION Polley~ ~*Pol_Num,, ~ .......... ~ INSUR.~CE ENROLLMENT FORM Cit of Denton AppUcant Name. JO~ Doe ~~~ Date of B~th 3/20/1970 Date of Hwe' 09/01/2000 Gender M Hours Worked per Week 40 Annual Earnings. $25,000 Short Term Disabihty Income Protecuon Insurance Plan Hlghhghts 60% ofbas~c weekly earnings to maxmaum of $1200 Benefits Begin after 14 days injury or 14 days sickness Benefit Duration: 11 weeks [ Your Weekly Benefit $288 46 ] ] Your Monthly Cost: $12 11 ] Final cost may vao' ~hghlly due to rounding d~fferences Yes, I would like to paruclpate I authorize my employer to deduct from my salary or wages the necessary prenuum for th~s coverage My signature verifies the accuracy of reformation, contained on thas form I understand the effecuve date of my coverage wall be delayed lfl am not m aeuve employment because of an rnjury, s~ckness, temporary lay. off or leave of absence on the date tins insurance would other~nse become effective I have also read and understand the mformaUon m the Enrollment Kat, including statements regarding exclusions [] No, I do not wish to pa~cipate I understand that evidence of my msurablhty may be required, at my own expense, ltl decide to elect tl~s coverage in the future Employee Signature Date / / ORDINANCE NO AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A CONTRACT FOR EMPLOYEE LONG AND SHORT TERM DISABILITY INSURANCE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (RFSP 2599- EMPLOYEE LONG AND SHORT TERM DISABILITY INSURANCE AWARDED TO UNUM LIFE INSURANCE COMPANY IN THE ESTIMATED ANNUAL COST OF $174,282) WHEREAS, the City has sohmted, received and evaluated competitive sealed proposals for the purchase of necessary materials, eqmpment, supplies or services ~n accordance w~th the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has rewewed and recommended that the hereto described proposals are the lowest responsible proposals for the materials, eqmpment, supphes or servtces as shown ~n the "RFSP Proposals" submitted therefore and that they meet the evaluation criteria set forth ~n the Request for Sealed Proposals (the "Evaluatmn Criteria"), and WHEREAS, the C~ty Council has prowded m the C~ty Budget for the appropnatmn of funds to be used for the purchase of the materials, eqmpment, supplies or serv, ces approved and accepted herem, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the ~tems m the follow~ng numbered request for proposals for materials, eqmpment, supphes, or services, shown ~n the "RESP Proposals" on file m the office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible proposal meetang the Evaluation Criteria for such ,rems RFSP ITEM NUMBER NO VENDOR APPROXIMATE AMOUNT 2599 ALL UNUM Life Insurance Company $ 42 per $100 Payroll SECTION II That by the acceptance and approval of the above numbered ~tems of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such ~tems and agrees to purchase the materials, eqmpment, supphes or services ~n accordance w~th the ten'ns, spemficat~ons, standards, quantities and for the spemfied sums contmned in the RFSP Proposal Inwtat~ons, RFSP Proposals, and related documents SECTION III That should the C~ty and person submitting approved and accepted ~tems and of the submitted proposals w~sh to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the C~ty Manager or h~s designated representative ~s hereby anthonzed to execute the written contract, prowded that the written contract is m accordance w~th the terms, cond~nons, spemficat~ons, standards, quantities and specified sums contained in the RFSP Proposal and related documents herein approved and accepted SECTION IV That the City Manager is hereby authorized to execute the Letter Agreement, attached hereto and made a part hereof for all purposes, and contract with UNUM Life Insurance Company for RFSP 2599 SECTION V That by the acceptance and approval of the above numbered items of the submitted proposals, the City Council hereby authorizes the expenditure of funds therefor m the amount and m accordance with the approved proposals or pursuant to a written contract made pursuant thereto as authonzed hereto SECTION VI That this ordinance shall become effective ~mmed~ately upon its passage and approval PASSED AND APPROVED this the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM TTO Y SUPPLY ORDINANCE FOR ILFSP 2599 AGENDA INFORMATION SHEET AGENDA DATE: January 16, 2001 Questions concermng this acquisition may be directed DEPARTMENT: Materials Management to Jim Coulter 349-7194 ACM: Kathy DuBose, Fiscal and Municipal Services (~ SUBJECT: An Ordinance accepting competitive bids and awarding a contract for the purchase of Purple PVC Reuse Water Pipe and Valves, providing for the expenditure of funds therefore, and providing an effective date (Bid 2597- PVC Pressure P~pe and Fittings awarded to Sherman Water & Sewer in the amount of $107,222) BID INFORMATION' Th~s bid is for the purchase of purple reuse water pipe and fittings Currently the Wastewater Treatment Plant provides effluent water to the Steam Plant for use in their cooling tower This water can also provide significant benefits over drinking water for irrigation purposes Numerous cities in the state are using effluent water for irrigation purposes for Its trace content of nitrogen and other essential nutrients, and as a method for conserving drinking water The project proposed will tie into the existing pipeline at Mayhfll and Spencer The hne will be extended down South Mayhill to Edwards Road and provide effluent water for irrigating the Landfill's Buffer Zone The estimated length will be 4,800 ft of 18" purple PVC pipe Purple is used to identify the pipe as conveying non-dnnkmg/recycled water We have three signed letters of intent to participate ~n the effluent reuse project and we have given the notice to proceed with design to Alan Plummer & Associates This section of the project runs predommately through city property City crews will construct this section of the effluent reuse line PRIOR ACTION/VIEW (COUNCIL~ BOARDS~ COMMISIONS): The Public Utility Board will consider this recommendation on January 8, 2001 RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder, Sherman Water & Sewer m the amount of $107,222 PRINCIPAL PLACE OF BUSINESS: Sherman Water & Sewer Sherman, TX Agenda Information Sheet January 16, 2001 Page 2 ESTIMATED SCHEDULE OF PROJECT: Pipe and fittings can be delivered in three to four weeks ProJect completion is scheduled for the first week of June 2001 FISCAI~ INFORMATION: This project will be funded from Fiscal Year 2001 Wastewater Capital Projects accounts (678- 082-RB02-2012-9138) Respectfully submitted Tom Shaw, C P M, 349-7100 Pumhas~ng Agent Attachment 1 Tabulation Sheet 1497 Agenda ATTACHMENT 1 TABULATION SHEET B~d Cf 2597 Date 11/28/00 POLYVINYL CHLORIDE (PUC) PRESSURE PIPE & FITTINGS qoI Qt~/ I DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR SHERMAN LONGHORN CARTER U S FILTER UTILITY PLUS ACT PIPE & WATER & SUPPLY CHAMBERS SUPPLY SEWER / HUGHES Pnnc~ple Place of Business DENTON KILGORE DALLAS LEWISVILLE FORT WORTH SHERMAN PIPE, WATER 4800 REUSE DR18/C90." $27 70 $33 00 $22 80 $22 50 $22 37 $22 04 FT 1 PURPLE 18' BUTTERFLY VALVE 150 PSI ALT - $16 12 '1 EA MECHANICAL $1,400 00 $3,333 00 $1,975 00 $1,874 00 $1,642 23 $1,430 00 2 JOINT $111 415 DOESN'T $109,874 00 $109,018 23 $107,222 00 TOTAL $134,360 00 $161,733 00 iNCLUDE 3 UNLOADING 3TO4 DELIVERY 65 DAYS 56 DAYS 30-60 DAYS 1/31/01 WEEKS NO BiD WIPCO DALLAS TX ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF PURPLE PVC REUSE WATER PIPE AND VALVES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTWE DATE (BID 2597- PVC PRESSURE PIPE AND FITTINGS AWARDED TO SHERMAN WATER & SEWER IN THE AMOUNT OF $107,222) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID VENDOR AMOUNT 2597 Sherman Water & Sewer $107,222 SECTION II That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained an the Bid Invitations, Bid Proposals, and related documents SECTION III That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, eondmons, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the submitted bids, the C~ty Council hereby authorizes the expenditure of funds therefor ~n the mount and in accordance with the approved b~ds or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That this ordinance shall become effective ~mmedmtely upon its passage and approval PASSED AND APPROVED this day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2597- SUPPLY-SERVICES ORDINANCE -2001 Agenda / AGENDA INFORMATION SItEET AGENDA DATE: January 16, 2001 Questtons concerntng th~s acqmsttton may be dtrected DEPARTMENT: Materials Management to Cary Tower 349-8424 ACM. Kathy DuBose, Ftscal and Mummpal Servmes ~ ~C ~'~-") SUBJECT: An Ordtnance provtdmg for the expendtture of funds for the purchase of two Industrial Tractors and one Heavy Duty Rough Terratn Forkhft, provtdtng for the expendtture of funds therefore, and prowdtng an effecttve date (Btd 2615- Industrial Tractors and Forkhft, Item 1, awarded to Future Eqmpment m the amount of $35,430, Item 2 awarded to Stewart and Stevenson tn the amount of $47,662, the total award amount ts $83,092) BID INFORMATION: This btd ts for the purchase of an tndustnal tractor for the Atrport, an tndusmal tractor for the Electric Productton Dtmston, and a rough terratn 15,500 lb hft capactty forkhft also for the Electric Productton Dtvtston All three umts are Motor Pool Replacements for cresting stmdar eqmpment no longer economtcal to repatr RECOMMENDATION' We recommend thru btd be awarded to the lowest responstble btdder as hsted below ITEM DESCRIPTION QTY SUPPLIER PRICE 1 Industrial Tractors 2 Future Equipment $17,715 Each 2 Forkhft 1 Stewart & Stevenson $47,662 Each PRINCIPAL PLACE OF BUSINESS Future Eqmpment Stewart & Stevenson Gatnesvllle, TX Dallas, TX ESTIMATED SCHEDULE OF PROJECT. · Item 1 dehvery ts esttmated to be 45 days · Item 2 dehvery ts esttmated to be 90 days Agenda Information Sheet January 16, 2001 Page 2 FISCAL INFORMATION. This eqmpment will be funded from Motor Pool Replacement Fund Account (720-025-0582- 9104) Respectfully submitted Tom Shaw, C P M, 349-7100 Pumhas~ng Agent Attachment 1 Tabulation Sheet 1496 Agenda ATTACHMENT 1 TABULATION SHEET BID # 2615 Date 12/21/00 TWO WHEEL DRIVE INDUSTRIAL TRACTOR & FORK LIFT q°l QtY I DESCRIPTION VENDOR VENDOR VENDOR FUTURE STEWART & ZIMMERER EQUIPMENT STEVENSON KUBOTA ~n'nc¢~' ~'l'a~' ~)¥ ' Business GAINESVlLLE, TX DALLAS, TX DENTON, TX 2 EA TWO-WHEEL DRIVE Industrial $15,859 00 NO BID $19,344 00 1 Tractor Box Blade $497 00 NO BID $492 14 6' Rotary Mower $600 00 NO BiD $1,127 00 Extended Warranty $759 00 NO BID N/C Total Item 1 $17,715 00 NO BID $20,963 14 2 I EA Forklift No B~d $47,662 00 No B~d Dehvery 45 Days 90 Days 30 Days ORDINANCE NO AN ORDINANCE PROVDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF TWO INDUSTRIAL TRACTORS AND ONE HEAVY DUTY ROUGH TERRAIN FORKLIFT, PROVDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2615- INDUSTRIAL TRACTORS AND FORKLIFT, ITEM 1, AWARDED TO FUTURE EQUIPMENT IN THE AMOUNT OF $35,430, ITEM 2 AWARDED TO STEWART AND STEVENSON IN THE AMOUNT OF $47,662, THE TOTAL AWARD AMOUNT IS $83,092) WHEREAS, the C~ty has sohmted, recmved and tabulated competmv¢ Nds for the purchase of necessary materials, equipment, supplies or servmes ~n accordance with the procedures of STATE law and City or&nances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described Nds are the lowest responsible bids for the materials, eqmpment, supplies or scrvmes as shown in the "B~d Proposals" submitted therefore, and WHEREAS, the City Council has prowded in the Cay Budget for the appropnaUon of funds to be used for the purchase of thc materials, equipment, supplies or services approved and accepted herren, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items ~n the following numbered bids for materials, eqmpmcnt, supphes, or servmes, shown ~n the "B~d Proposals" on file in the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such ~tems BID ITEM QTY VENDOR AMOUNT 2615 1 2 Future Eqmpment $17,715 2615 2 1 Stewart & Stevenson $47,662 SECTION II That by the acceptance and approval of the above numbered ,rems of the submitted Nds, the C~ty accepts the offer of the persons submitting the bids for such ~tems and agrees to purchase the materials, eqmpment, supplies or services ~n accordance with the terms, spemficat~ons, standards, quantities and for the specffied sums contatned ~n the Bid Invitations, Btd Proposals, and related documents SECTION I~ That should the C~ty and persons submitting approved and accepted ttems and of the submitted bids wish to enter rotc a formal written agreement as a result of the acceptance, approval, and awarding of the Nds, the City Manager or h~s designated representative is hereby authorized to execute the written contract whmh shall be attached hereto, prowded that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained m the Bid Proposal and related documents herein approved and accepted ~ECTION IV That by the acceptance and approval of the above numbered ~tems of the submatcd b~ds, the C~ty Council hereby authorizes the expenditure of funds therefor m the amount and m accordance w~th the approved bids or pursuant to a written contract made pursuant thereto as authorized hereto SECTION V That th~s ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2615- SUPPLY-SERVICES ORDINANCE -200I Agenda Ite;o--.. ~7~. ~ - - I)ate~/-~ // ......... AGENDA INFORMATION SHEET AGENDA DATE: January 16, 2000 DEPARTMENT: Community Development ACM: David Hill, Assistant City Manager, Development Services SUBJECT: Consider adoption of an ordinance authorizing the City of Denton, Texas, to amend Chapter 14 "Health and Human Services" of the City Code by establishing a new Article VI "Neighborhood Empowerment Program" to enhance and improve neighborhoods throughout the City of Denton, creating a Neighborhood Empowcrment Advisory Board, cstabhshmg criteria and guidelines for the approval of matching contributions under applications by eligible persons under the program, setting forth additional details in relation to the program, providing a sevcrabllity clause, providing a savings clause, and providing an effective date BACKGROUND: The City Manager asked Community Development to research neighborhood empowcrment programs in other cities and propose a neighborhood program tailored to thc Denton community The City Council has allocated $50,000 in FY 2001 to fund the City match portion of this program Staff reviewed programs from Boulder, Colorado, Redmond, Washington, Seattle, Washington, Richmond, Virginia, and Portland, Oregon The proposed NEP combines elements of several of these existing programs as well as input from City Planning, Engineering, Community Services, and Parks and Recreation departments to form this proposed project The purpose of the Neighborhood Empowerment Program (NEP) would be to help improve the quality of life in Denton's neighborhoods by supporting project partnerships between the City of Denton and its neighborhoods The NEP would match City and neighborhood resources to complete neighborhood-proposed prolects that foster self- help, neighborhood pride, and enhance and beautify Denton's neighborhoods The program should ultimately promote a quick, easy process where neighborhoods rcahze a demonstrated benefit of city expenditures As a facet of the NEP, the Community Development Department would develop and maintain the registry for neighborhood groups, enhancing the City's ability to inform and involve citizens regarding their community The NEP would pair the City's contribution of cash or in-kind services with a neighborhood matching contribution of local resources including volunteer labor, donated materials, professional services, or cash, toward completing neighborhood-proposed projects City funds would be awarded by the NEP Advisory Board on the basis of merit with a maximum of $10,000 avmlable per project except where mitigating circumstances support an exception ESTIMATED SCHEDULE OF PROJECT This lmtlal year, the Neighborhood Empowerment Program 2001 applications would be due March 1, 2001 The NEP Advisory Council would notify successful apphcants in two weeks Applications received after this date would be considered for remaining funds, if any exist Subsequent funding years would award funds to projects received by October 1st and March 1st Proposed advertising about the NEP and the application process include · Informational brochure about program and apphcatlon process to neighborhood and civic orgamzations · Cable channel · City webslte · Denton Online · Denton Record Chronicle article · Chamber newsletter article · Neighborhood meetings RECOMMENDATION Staff recommends approval of the ordinance PRIOR ACTION/REVIEW This item was discussed at the November 14, 2000 City Council Work Session Council directed staffto proceed w~th the program and return with the appropriate ordinance FISCAL INFORMATION NEP has funding of $50,000 for City FY2000-2001 EXHIBITS · Ordinance Respectfully Submitted ;ommunlty Development~partment Prepared by M~cl{elle cunnit~gham fi/ Commumty Relations Coordinator EXHIBIT ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 14 "HEALTH AND HUMAN SERVICES" OF THE CITY CODE BY ESTABLISHING A NEW ARTICLE VI "NEIGHBORHOOD EMPOWERMENT PROGRAM" TO ESTABLISH A NEIGHBORHOOD EMPOWERMENT PROGRAM TO ENHANCE AND IMPROVE NEIGHBORHOODS THROUGHOUT THE CITY OF DENTON, CREATING A NEIGHBORHOOD EMPOWERMENT ADVISORY BOARD, ESTABLISHING CRITERIA AND GUIDELINES FOR THE APPROVAL OF MATCHING CONTRIBUTIONS UNDER APPLICATIONS BY ELIGIBLE PERSONS UNDER THE PROGRAM, SETTING FORTH ADDITIONAL DETAILS IN RELATION TO THE PROGRAM, PROVIDING A SEVER-ABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the health, economic condition, public welfare and safety of a city is affected by the quality and viability of its neighborhoods, and WHEREAS, neighborhood projects which promote long term, public benefit to neighborhoods and to citizens of Denton as a whole by improving the appearance of the neighborhoods, establish community pride in the neighborhoods by involving neighborhood residents more directly in all phases of the neighborhood development, promote maintenance and enhancement of the nmghborhood, improve public safety by estabhslung traffic control devices, monuments and other improvements, increase the nelghborhood's and adjacent nmghborhood's property value by improving the appearance of the neighborhood, improve public health by preserving and enhancing the environment promote the public health, welfare and safety and constitute a valid public purpose, and WHEREAS, the City Manager has recommended and the City Council has determined that a Neighborhood Empowerment Program whereby the City provides certmn qualified neighborhood organxzatlons and groups matching funds or contributions of m-kind services to accomplish one or more of the above~mentioned purposes is deemed to be in the pubhc interest, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That Chapter 14, "Health and Human Services" of the Code of Ordinances of the C~ty of Denton is hereby amended by enacting a new Article VI, "Neighborhood Empowennent Program" with Subsections 14-119 - 14-123 ~ncluslve whmh shall read as follows Axtmle VI Neighborhood Empowerment Program Section 14-119 Establishment and Purpose This hereby established a Neighborhood Empowerment Program CNEP) to provide matching C~ty funds or in-kind serrates to help improve the quality of life ~n the City's 4, neighborhoods The goal of the NEP as to encourage and select prepared projects which meet the program guadehnes set forth herein that foster self-help, neighborhood pride, and enhance and beautify the City's neighborhoods The NEP will prowde matching funds or an-kind services which are to be awarded on the bases of merit A maximum of $10,000 wall be available per project The total available funding will be established an each budget year based on the amount budgeted for the NEP as approved by the City Council an the annual budget S~et~on 14-120 Nmghborhood Empowerment Program Advisory Board a There is hereby created a Neighborhood Empowerment Board which shall be composed of seven members The City Manager shall designate one member of the Board from the Parks & Recreation, Eng~neenng, and Community Development Departments Four members of the Board shall be chosen from a neighborhood assoelatmn or representative group from each of the four City Council d~stncts The neighborhood representative shall serve for two-year terms prowded, however, the first two representatives appointed to the Board wall serve one-year terms, allowmg two new neighborhoods to be represented on the Board each subsequent program year Appointments of the neighborhood association or group members wall be randomly selected from each of the four council districts b The Board wall evaluate each application to participate an the NEP based on the following criteria 1 Replleabah~y - the ease m which the project can be successfully rephcated an other neighborhoods 2 Self-evaluation - based on criteria that wall be specified by the Board to evaluate the success of the project 3 Project quality - to evaluate whether the project is well articulated, planned, and ready to proceed including whether there as a demonstrated need for the project, whether the budget as reasonable, cost-effective, and w~th~n the scope of the NEP 4 Neaghborhood match - whether the match meets the manamum requirement, as secured, and ready to be expended ProJects wall be evaluated on a shdmg scale Low to moderate ancome neighborhoods wall receave addataonal cons~derataon and selectaon and a reduction ~n necessary neaghborhood match to the extent thas can be accomplashed in accordance w~th the law 5 Neighborhood anvolvement - anclusaveness, partacapataon and cost/benefit, projects will be evaluated to determane af they promote the neaghborhood, build relataonsh~ps and cooperataon among neighborhoods, whether a sagnaficant number of people wall be anvolved and wall benefit from the program, how the program wall enhance not only the neaghborhood but adjacent neaghborhoods and the Caty as a whole, whether the program as 5 Page 2 of 6 not controversial, has no neighborhood opposition, and whether diverse interests are involved c The Board will act as an advisor to the City Council in adrmnlstenng the NEP It will make recommendations to the City Council with regard to changes in the NEP guidelines, the success of the NEP, and the funding level of NEP winch responsibilities shall include, without limitation 1 Making recommendations to the City Council with respect to annual budget appropnat~ons for the NEP 2 Making periodic reports to the City Council with regard to the status and effectiveness of the NEP 3 Admmlstenng the NEP to ensure that the successful apphcants comply with the terms and conditions of the NEP 4 Promulgate rules and establishing procedures to md the Board in performing its functions Section 14-121 Ehglble Program and Projects Individuals from five or more separate households and hvmg within the city hmlts may submit an application to the Community Development Director (Director) The Director shall establish, with the approval of the Board, additional guidelines to make sure that applications are approved on the basis of merit and are consistent with NEP guldehnes Any project winch promotes the public health, safety or welfare of the City by accomplishing one or more of the pubhc purposes set forth m Section 14-119 above and the preambles to the ordmance which enacts the NEP by enhancing the appearance and improving the quality of life in Denton's neighborhoods is eligible Such projects must include the following a All projects are reqmred to have a citizen project coordinator to be a htuson between the City and the neighborhood dunng project development implementation b Matcinng fund awards will be made only to groups of five or more separate households who can be identified with a particular Denton neighborhood Awards will not be made to individuals, single businesses, umvers~tles, hospitals, restitutions, foundations, pohtlcal, fraternal, or religious organizations Government and pubhc agencies, social services district councils, mtywlde groups, and c~ty developments are also not eligible for the program Eligible applicants may form partnerships with any of these ineligible groups to plan and implement the project But the eligible apphcant must retmn the primary role in the partnershtp and remmn responsible for performing the project c Ehglble projects must 6 Page 3 of 6 1 Prowde long-term, pubhc benefits to the neighborhood 2 Be located on pubhc access (right-of-way, neighborhood, common area, or other pubhc access property) 3 Have demonstrated neighborhood support 4 Be compatible with adjacent propemes 5 Involve neighborhood residents directly in all phases 6 Have goals winch can normally be accomphshed w~tinn twelve months or less 7 Must demonstrate appropriate long-term mmntenance programs 8 Be watinn the C~ty's legal authority as determined by the C~ty's legal department and comply wath exmt~ng C~ty of Denton's codes, regulations and pohc~es All projects shall fall w~tinn one of the following SlX categories 1 Youth ~mprovements which may ~nclude, w~thout hmltat~on, small play area, basketball court/hoops 2 Neighborhood ~dennty winch may include s~gnage, entrance beautification, or other neighborhood landmarks 3 Pubhc art or amemt~es winch may ~nclude, benches, sculptures, gardens 4 Traffic safety winch may ~nclude, speed bumps and traffic calming dewces 5 Capital eqmpmant purchase which may include neighborhood bulletin boards and neighborhood p~cmc areas 6 Enwronmental tmprovement winch may ~nclude nde-shanng, LINK shelter, compostmg, tree planting, trml head enhancements In order to obtmn matching City funds or servmes from the Neighborhood Empowerment Program, the neighborhood must ~dent~fy matched ~tems of equal value of the amount requested Matched ~tems that can be donated, ~nclude professional services, donated material or supphes, volunteer labor or cash The value of the neighborhood match must equal or exceed the amount requested from the neighborhood requested matching NEP funds The type of the match must be appropriate to the needs of the project The proposed match must be extended dunng the life of the project or after completion and meet the following gmdehnes 1 Assistance from other C~ty funds cannot be counted as part of the match 2 At least 25% of the ne~ghborhood's match must come from the neighborhood ~tself as opposed to other funding ent~t~es such as the DISD, non-profit corporations other than the neighborhood group or assoclatmn, or another governmental ent~t~es All volunteer labor will be valued at $10 per hour Professional services, ~f needed for the project, are to be valued at the reasonable and customary rate prevathng ~n the profession and the ~n the community The neighborhood match must be pledged and secured 7 Page 4 of 6 Secured means that the donor has to specifically descnbe the contnbutlons in the NEP matching fund contract (contract) to confirm the commitment Individuals who donate professional services or skilled labor as part of the neighborhood match cannot also receive compensation from the City's match money Section 14-122 Apphcatlon for Neighborhood Empowerment Program Matchmg Funds a Apphcataons for Neighborhood Empowerment Program matching funds under this chapter must be filed w~th the City's Community Development Department upon forms described by the Board and the department for that purpose b The application shall include all reformation indicated by this Article VI along with any additional information that the Board deems necessapf m order to perform its functions as set forth m Section 14-120 c All applications shall be venfied by the applicant as to the truth and correctness of all facts and information presented d All successful applicants shall be required to execute a contract on a form approved by the City Attorney and to execute such other forms as the Commumty Development Department and the Board deem necessary to insure the approved projects completion Section 14-123 Review and Approval by the Board a If the Director determines the application is consistent with the reqmrements of this Article VI, the D~rector shall forward the application to the Board for its evaluation The Board shall review the application based on a matcbang fund project evaluation form developed by the Director and approved by the Board wfuch takes into consideration all the criteria for evaluation set forth in this Article b If an application is approved or denied by the Board, the successful applicant will be notified within 30 days after the apphcatlon submission is forwarded to the Board by the Director Authonzatlon to begin the project will be given after the applicant executes the contra, et The apphcant must begin the project within three months of this authorization and follow the project schedule timeline that has been approved by the Board c Applicants who the Director determines have submitted applications which are incomplete will be notified of this within two weeks of the submission of the application The Director and the Board shall have the right to request additional information from the applicants as deemed necessary to adequately evaluate the 8. Page 5 of 6 application and the project Dunng any such penod of submxsslon of additional mformatlon the timeline for reviewing the application shall be tolled SECTION 2 That save and except as amended hereby, all the remalmng sections, sentences, clauses, and phrases of Chapter 14 of the City of Denton Code of Ordinances shall remmn in full force and effect SECTION 3 That if any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or apphcatlon thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remalmng portions of flus orchnance, the City Council of the City of Denton, Texas, hereby declares that they would have enacted such remalmng portions despite any such invalidity SECTION 4 That tins ordinance shall become effective ~mme&ately 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 ,, / 9 Page 6 of 6 Aoenda Item,-~. ?~ AGENDA INFORMATION SHEET AGENDA DATE: January 16th,2001 DEPARTMENT: Engineering & Transportation DCM. David Hill, Assistant City Manager/Development Services SUBJECT Hold a Public Hearing and consider amending the Thoroughfare Component of the Denton Mobility Plan to ehm~nate Westward Drive as a collector street between Northway Drive and Bonme Brae Street BACKGROUND The Immaculate Conception Catholic Church has apphed for the subject Mobd~ty Plan amendment (see maps, Attachment #1) The applicants intend to build a Church and School near the intersection of Windsor Drive and Bonme Brae Street on the site of the prewously proposed Fmrfield ~Student Apartments One of the development reqmrements is to construct a mlmmum 25-foot wide portion of the Westward Drive extension, as it ~s included on the Mobility Plan The applicants do not want to bmld the street because of the expense They have met with the neighborhood concerning their plans and clmulated a petition at the meeting to not extend the street (see Attachment #2) Since the Planning and Zoning Commission public heanng was advertmed, staff has received several phone calls in support of the application Based on those calls, the concerns can be broken into two categories The first category consists of residents that are concerned that if the chumh ~s required to braid the street, they will not braid and the property will be marketed to other multi-family developers The Church mdmates they have already pumhased the property The second category includes res~dants that are concerned w~th cut-through traffic Currently, some cut-through traffic occurs from drivers using Thunderbird Drive and Crestmeadow Street to go from 1-35 to the neighborhoods north of W~ndsor Drive or the Northlake Park Facilities Recent counts on Crestmeadow Street indicate a dmly traffic count of 1154 trips Crestmeadow Street north of Westward is only a 31-foot wide local street and is designed to handle less than 1000 trips It was never intended to handle significant cut through traffic Currently, all the streets providing entrance into the Westgate Hills neighborhood w~th the exception of Thunderbird Drive are constructed as local streets If the Westward Drive Extension ~s eliminated as a collector street, the only other proposed collector ~nto the neighborhood is a proposed southern connection of Northway Drive to Umvers~ty Drive Extension of Westward Drive will keep cut through traffic on the collector street network (Thunderbird, the south end of Crestmeadow & Westward), which is or will be appropriately designed for such traffic instead of the local, streets OPTIONS 1 Amend the Thoroughfare Component of the Denton Mobthty Plan to ehmlnate Westward Drive as a collector street between Northway Drive and Bonme Brae Street 2 Leave the Thoroughfare Component of the Denton Moblhty Plan as it exists w~th Westward Drive as a collector street between Northway Drive and Bonme Brae Street 3 Amend the Thoroughfare Component of the Denton Mobflxty Plan to relocate the collector street between Northway Drive and Bonnie Brae Street further to the south 4 Continue the pubhc heanng to allow the C~ty's traffic consultant to complete a traffic study of the area assessxng the need for collector street access RECOMMENDATION Staff recommends that Westward Drive between Northway Drive and Bonme Brae Street should remmn on the Mobility Plan as a collector street (Optmn #2) for the following reasons 1 The Denton Plan advocates connectlwty between neighborhoods to promote pedestrian and bmycle traffic as well as keeping unnecessary trips off the C~ty's arterials Neighborhood collectors enable residents to reach destxnat~ons w~th~n and adjacent to the neighborhood w~thout entenng the arterial system Prior to the Fairfield Apartment proposal, the Eng~neenng and Transportation Department used to get periodic phone calls from resxdents m the Westgate H~lls subd~vlsxon asking ff the City was ever going to extend Westward to Bonme Brae so that Wxndsor Drive was not the only way out 2 Cut-through traffic in tins neighborhood should be sxgmficantly reduced once Windsor Drive is extended to 1-35 Staff wall be recommending that th~s extension of Windsor Drive be included m the next bond program In addxtxon, there has been some development interest m the property north of Windsor Drive between 1-35 and Westgate Drive Construction of at least two lanes of W~ndsor Drive would most hkely be reqmred as a development exaction ff that property develops In the mean t~me, extensxon of westward will md the cut through traffic situation xn thru nexghborhood by providing a collector and remowng traffic from the local streets such as Crestmeadow and Carnage Hill Lane There has been some concern expressed that connection of Westward to Bonme Brae will lnwte addxt~onal cut through traffic It's possible that people gomg to the church and school may use Thunderbird from 1-35, however, the Street is wxde enough to carry add~txonal traffic The current dmly traffic count on thunderbird ~s 1158 trips It xs possible to delay the connectxon of Westward to Bonnie Brae untd the Wxndsor/I-35 connection is made through the zomng or platting process for the church, however that wall not md the current problem on the north end of Crestmeadow Street 3 Based on the proposed zoning map, the internal port~on of the nexghborhood bounded by Umvers~ty Drive, 1-35, W~ndsor Drive and Bonme Brae Street could generate as many as 31,500 traffic trips on a weekday and 35,000 traffic trips on a weekend day (Trips created from property w~thm 300 feet of the bounding arterials were assumed to enter the arterial d~rectly) Local streets are designed to carry less than 1000 trips per day compared to a properly designed collector street, which can safely carry about 10,000 trips L~m~t~ng this neighborhood to only two collectors could place an unsafe amount of traffic on local streets 4 As a collector street ~s by design apt to carry s~gnlficantly more traffic than a local street, ~t is much more hkely that a collector/arterial ~ntersect~on wall warrant a traffic s~gnal, providing safe access in and out of the neighborhood as opposed to a local/arterial intersection The location of Westward Drive on the existing Mobility Plan is approximately 1800 feet south of the intersection of Windsor and Bonme Brae The optmaum distance between traffic signals in terms of being able to synchromze them ~s 1750 feet or more, so the proposed lntersect~on is sufficiently far away from Windsor drive an the event they both became s~gnallzed 5 According to the traffic study prepared for the proposed church, the church/school will generate approximately 1969 trips on an average weekday The Institute of Transportation Engineers Trip Generation Manual indicates a church of this size will generate nearly 3000 trips on a Sunday The Fmrfield Apartments according to the traffic study conducted for that development was expected to generate approximately 2750 trips per weekday and shghtly less on weekend days Although both uses would generate large volumes of traffic, the charactenstms are s~gnlficantly d~fferent The church/school will have very defined peaks m their traffic whereas the apartments traffic was more spread out throughout the day The peak hour traffic from the church/school s~te espemally ~f it is all d~mcted onto Windsor and Bonnie Brae will significantly reduce the capamty of those arterials dunng those peak times PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Planmng and Zoning Commission recommended at their December 20th 2000 meeting (4-1) that Westward Drive be eliminated as a Collector Street between Northway Drive and Bonnie Brae Street The P&Z staff report and minutes are prowded ~n Attachment #5 FISCAL INFORMATION There is no ~mmedlate fiscal Impact for the City of Denton other than stafft~me to revise the map ~f amended The applicant will not be required to construct the street extension ff it is ehmmated as a collector street on the Mobility Plan or located to the south The proposed street extension will cost approximately $110,000, including the associated s~dewalk If ehmmated from the Mobihty Plan and the need for Westward Drive becomes apparent in the future, the hkely method for financing will be to include th~s collector in a Capital Improvements Program prod for by all taxpayers ATTACItMENTS Attachment #1 Existing & Proposed Mobihty Plans - Westward Drive Area Attachment #2 Neighborhood Petition Attachment #3 Proposed Zoning Map Attachment #4 Traffic Count Map Attachment #5 P&Z Staff Report & Minutes Attachment #6 Ordinance Respectfully. sub~tl~tted David Salmon, Interim D~rec or Transportation & Engmeenng ATTACHMENT #1 ATTACIRIENT f~l 5 ATTACHMENT ~2 PETITION FORM WESTGATE HOMEOWNERS ASSOCIATION AND NEIGHBORHOOD AREA The fo//owlng s~gners AGREE wdh the proposal o£ IMMACULATE CONCEPT/ON CHURCH to eliminate the complebon of Westward Drive to Bonnie Brea Street We, the homeowners, REJECT the proposed road, Ident~ied as 'Westward Drive", on the City o£ Denton Mob/hty Plan, ~ha! wtll connect to the road from Cre$~meadow St and proposed to have an entrance/exd to Bonnie Brae St August 1, 2000 LEGAL NAME ADDRESS PHONE SIGNATURE (Pnnt leg,bly) .~,~ ,/ , ~ .~ · . ~ // - PETITION FORM AT.m.m.m.m.m.m.m.m.m.A~ #2 WESTGATE HOMEOWNERS ASSOCIATION AND NEIGHBORHOOD AREA The following $1gnet~ AGREE w~th the proposal of IMMACULA TE CONCEPTION CHURCH to eliminate the complebon of Wesfward Drive to Bonnm Brea Street We, the homeowner~, REJECT the proposed mad, Idenf~ied a.~ 'VVe~tward Dnve", on the City of Denfon Mobllrly Plan, that will connect to the road from Cmstmeadow St and proposed to have an e~bunce/exif to Bonnie Brae St. August 1, 2000 LEGAL NAME ADDRESS PHONE SIGNATURE (Pnnt legibly) 7 PETITION FORM WESTGATE HOMEOWNERS ASSOCIATION AND NEIGHBORHOOD AREA The followlr~ $~gner~ AGREE wdh the pm~al of IM~CU~ TE CONCEPTION CHURCH ehmma~ ~e comp~tion of We~a~ D~ to Bonme Bma St~t We, the ho~ne~, REJECT t~ P~ed mad, I~ ~ ~s~a~ D~ on ~e C~ of Denton Mobll~ Plan, t~t wtll con.ct to t~ mad from Cmst~ad~ ~ a~ pm~ to ha~ an en~n~exd to Bonme Bme St A~u~ 1, 20~ LEGAL NAME ADDRESS PHONE SIGNATURE (Pnnt legibly) - 8 PETITION FORM AT~C~ #2 WESTGATE HOMEOWNERS ASSOCIATION AND NEIGHBORHOOD AREA The following $~gne~ AGREE w/fh the proposal of lMMACULA TE CONCEPTION CHURCH eliminate the complebon of Wesfward Drive to Bonnie Brea Street We, the homeowne/s, REJECT the prolxx~ed road, IdenMied a~ 'VVe~84/ard Drive", on the Crty of Denton Mobl//ty Plan, thaJ will connect to the road from Crestmeadow St and proposed to have an enbance/exif to Bonnie Brae St Augu~f 1, 2000 LEGAL NAME ADDRESS PHONE SIGNATURE (Pnnt legibly) 9 PETITION FORM AT.~ #2 WESTGATE HOMEOWNERS ASSOCIATION AND NEIGHBORHOOD AREA The following $~Tner= AGREE wtth the proposal of IMMACULA TE CONCEPTION CHURCH to eliminate the completion of Wasfward Dnve to Bonnie Brea Street We, the homeowner=, REJECT the proposed road, Iden#fied as 'I/Vestward Dm/e", on the C~y of Denton Mobil~, Plan, that will connect to the road from Crestmeadow St and proposed to have an enhance/exit to Bonnie Brae St August 1, 2000 LEGAL NAME ADDRESS PHONE SIGNATURE (Pnnt legibly) ATTACHMENT #3 ~009B~^0 ~ 12 Agenda Item Date C/ty Ha// West * 221 N Elm * Denton, Texas 76201 (940) 349-8358 · (940) 349-8376 · Metro 434-2529 Memo To.' Ptann~ng & Zoning Commission r...._.._ ~~'~{~'~j From:Dawd Salmon, PE, C~ty Eng~nee CC.' Jerry Clark, PE, D~rector of Eng~neenng & Transportabon Datm 12/13/00 Re: Mobdlty Plan Amendment (Thoroughfare Component) Proposed ~s a Mob~hty Plan Amendment related to the pending development of a church/school s~te at the southwest corner of W~ndsor Dnve and Bonnie Brae Maps ~nd~catmg the proposed amendment as well as the current Thoroughfare Component of the,Mob~hty Plan are attached The current Thoroughfare Component of the Mob~hty Plan ~nd~cates that Westward Dnve, which currently runs between Crestmeadow Street and Northway Dnve, wdl be extended eastward to Bonnie Brae as a collector Street Being a residential collector, the street would ulbmately be 41 feet w~de Th~s street ~s proposed to be part of a collector system, which Includes Thunderbird Dnve, Crestmeadow Street and Westward drive The apphcant, The Cathohc Church of the Immaculate Conception does not w~sh to construct the proposed extension of Westward Dnve They have met w~th the neighborhood regarding possible s~te plans pnor to applying for rezon~ng As ~nd~cated by the applicant, the neighbors prefer that Westward not be extended A pet~bon was c~rculated by the apphcant and ~s attached Staff does not recommend the amendment as proposed Co/lector Streets are pnmardy for the use of residents In adjacent subdivisions The Proposed collector · Page 1 13 street Is intended to provide access to the W~ndsor West, Greenway Club Estates and Westgate Heights Subdivisions Currently, residents are required to access the subdivisions from Thunderbird Drive v~a the 1-35 Service Road or by Windsor Drive In accordance w~th the Comprehensive Plan, staff typically promotes connecbwty between adjacent properbes and to all adjacent roadways to disperse traffic and to satisfy ~nternal tnps In other words, residents who attend the church or school could dnve or walk to the facdlty without having to get out on W~ndsor Dnve or Bonnie Brae Until the Fairfield Student Housing development was proposed, the Eng~neenng & Transportation Department regularly received calls from residents of the adjacent subdw~s~ons wondering If the C~ty of Denton would extend Westward Dnve to Bonnie Brae so there would be better access to the subdivision In addlbon this collector street has been on the C~ty's thoroughfare plan for 14 years, prior to most of the homes In the adjacent subdiwslons being constructed We beheve that at least one concern of the neighborhood ~s cut through traffic It is possible that there could be some cut through traffic on the collector street In the mtenm, however, staff believes that the extension of W~ndsor Drive to 1-35 will remedy that within the next few years Another concern that staff has heard ~s that If the Church ~s required to build the collector street, that they wdl not buy or budd on the property and the property wdl be marketed to another mult~famlly developer We understand the church has already purchased the property, and the City's ordinance would only reequ~re construction of a portion of the street The appI~cant at the hearing may clanfy ownership of the property It should be noted that removing a collector street from the Mob~hty Plan does not mean that the street cannot be constructed It means that the street is not one of the C~ty's planned collectors and would not be required by the City to be constructed by the proposed development The applicant or another developer could st~ll choose to extend the street Proposed Motion I move that an Amendment to the Thoroughfare Component of the Moblhty Plan delebng the extension of Westward Dnve from Northway Drive to Bonnie Brae as a collector street as proposed by the apphcant not be recommended to the C~ty Councd · Page 2 November 16, 2000 Mr David Salmon, P E C~ty Hall West 221N Elm St Denton, Texas 76201 Dear Mr Salmon, This letter is an apphcation to request an amendment to the C~ty of Denton Mob~hty Plan The Parish has recently purchased the property on Bonnie Brea and Windsor Drive We understand the Mobd~ty Plan calls for the extension of Westward Drive to Bonme Brae St We do not w~sh to have the street extended and request that we beg~n the process to seek th~s Before we purchased the property, we met w~th the Westgate Neighborhood Association to show them our Master S~te Plan and let them know what we were planning to do with the property, seeking their support The Homeowners Assocmtion requested that the extension of Westward Drive also be ehmmated and I have attached copies of the Petition form they s~gned at that t~me Thank you m advance for your help m beginning tbas process Please let us know what the next step will be S~ncerely, Msgr Charles K~ng Pastor ~5 Aull-10-00 04 0Opm From-RYLAND H0k~$ +g?245414?g ATT~GT~]~I~;5 P 0Z/02 F-237 RYLAND HOMES Memorandum Augu~tg, 2000 TO: Cny of Denton FROM: Fred Philhps ~ RE' Westbu.,3, Drive Connecnon to Bonme Brae Ryland Homes owns 125 lots ~n the Windsor Ridge ad&non adjacent Io the s~e proposed by Immaculate Concephoa Church We ~upport their request that Westward Dave not connect lo Bonme Brae Please contact me tfyou have any qtleq~ons I can be reached at 972-247-8960 Tliank you Bob Sheiton Jotm Admm CondcnscltTM ATT~C~II~EI~ #5 Page 5 Page 7 ~nu~s, bcfo~ ~ ac~lly have ~ m~c a d~s~on or I d~wdc u up ov~ the next s~s of m~mgs scv~al 2 l~k at ~c ~1 ~ss~s and make a d~lsmn and come ~ a 2 m~t~ngs ~at you all have 3 vo~? B~ause I would hkc ~ und~s~nd what I'm voting 3 MS M~EILL [ ~nk ~at would bc good 4 for or agamst 4 MR WILLIAMS I can bye ~ ~at 5 MR POWELL T~S IS a ~ d~ent and 5 MR M~EILL oood 6 ~'salotofmfo~at~on ~'salotofn~d~s 6 MR POWELL Thankyou 7 and I ~ it's -- for anyb~y to pick up ~at ~ng and 7 MR M~E[LL well wc have one adda~onal 8 t~ to ~d ~t ~ou~, ~t's hard And I know one of ~ 8 ~t~ h~ we can work on and ~n ~'11 come back ~ ~c 9 co~cn~ of ~¢ Chmb~ fo~s, I ~mk, ~at ~'vc b~n 9 -- a~ thee any f~ A~nda a~s ~at anyone would 10 able to ~t ~ough ~t b~ausc ~cy'vc broken it up m~ 10 hkc ~ present for fu~ Co~ssion m~tmgs? Any t small s~ons and have b~n v~ good on stating to a 11 fu~ A~nda ucms? Okay 12 sch~ulc of ~mg a h~le b~t of ~t ~ch w~k 12 Well, I'm gmng to rake tho Chapman's 13 We'd 14 Planning & Zomng Co~ss~on I don't ~mk ~'~ go~ng 14 ~ss, ~t's 6 10, and we will ~onwnc at 6 15 And thc 15 ~ havo ano~ ~aft, a complotc ~aft, until ~ end of 15 12 20 2000 m~tmg of ~ PMnmng & Zoning Co~mmss:on 16 n~xt mon~ ~t ~ could pass out We can ~ve you ~c 16 will go into a clos~ m~tmg ~ cons~d~ l~al ~u~s 17 co~cnts ~at ~ Cham~ has g~wn us and o~ ~spons~ 17 und~ T~as Gov~nmcnt Code para~aph 551 071 The tlmc 18 which ~ m ~ fo~ and you can s~ ~ose 18 ~s now - 19 MR M~ILL EXCU8~ mo Haven't ~oso b~n 19 MR S~DER why don't you go ah~d and say 20 hasn't ~ Co~sslon ~olv~ ~ose ov~ E~d? 20 ~at you'~ convene at no soon~ ~an 6 15 21 B~ausc l ~t ~at as a Co~ssmn~, I'w go~ cop~ 21 ~ M~ILL okay And ~ wdl convene no 22 of ~osc 22 soon~ ~an 6 15 23 MR POWELL l ~Oa~t ~ had, but I wasn't 23 MR s~o~ And then ~'11 announce ~t again 24 s~ so I d:~'t want 25 ~ M~EILL 1 c~k my E-marl ~o or ~ 25 MR MCNEILL okay All right So at ~s Page I t~m~ a ~y, I ~w not ~v~ an~mg on my E marl I t~mc ~cn wc wdl convcnc m a clos~ m~tmg 2 ~ POWELL well, I'd be happy to fo~ 2 (CO~NEO IN CLUED MEET[NO) 3 yOU" 3 MR M~EILL ~mg ~at w~ SU~ have a 4 ~ WlC~aMS YOU do have my E ~d ad~s? 4 quos, I wdl ~onv~e ~e CIF of ~n~n Planmng & 5 ~ eOWELL well, I'll make s~ I ~ it ~$~r~ ~ Zo~ng Co~ss~on at 7 11 p m on ~bg ~e 20th 2000 6 ~d I'll ~ happy ~ do ~at ~g ~u~ E~ml or ~ ~ n~t l~n on o~ Agenda Is ~ hold a 7 papg, ~w you 8 co~nts And ~ can, agam, we can stag m~ng about 8 mlos for pubhc h~rmgs have b~n plac~ m ~e foyg so 9 ~,~agam ~probl~I~t, justas~ 9 I'll not go ~ou~ ~ose But~'llfirsthawasmff 10 t~m* ~ do ~s, we won't have ~t final, final d~ent 10 ~o~ and 11 to s~ ~l~mg untd somme probably ~o end pan of 11 audience who wan~ ~ sp~k to ~ ~ssue 12 Janua~, which m~ns ~t ff ~ don't sm~ working on ~t 12 MR MORRO Mr Chm~an 13 now ~won'thavomuchnm~ ButI~can~ 13 MR M~EILL 14 c~t ~aft wl~ ~ co~en~ ~t we have and sm~ 14 MR MORENO Wg'~ h~rmg ~nda I~ No 15 going ~ou~ ~t 15 4 Is tMt co~t9 ] 6 MR M~EILL It m~t bo good ~ use ~t 16 MR MCNEILL That's co~t 17 sam~m~l~ssionw~maybo~ch~kwe 17 Ma MORENO Mr Chal~an Imam~b~of 18 rake -- I don't know wh~ w~ can do ~at l~afly, but 18 ~culam Conc~Uon Ch~ch and 19 ~ch ~k we ~ok a sho~ p~lod of timo and l~k~ at a 19 can ~am lmp~ml on ~ls A~nda lt~ so I would hke 20 chap~ and got ~ staff's co~n~ on ~at and a s~ 20 to ~xcus~ mysdf from ~ deh~ations 21 of &e add~aonal co~on~ you've got from ~o public and 21 ~ M~tLL v~ good And we stdl haw a 22 from ~ Cham~ co~l~ And ~y~ use a h~l~ 23 ~ch w~ ms~d of ~mg ~ do ~ whole ~ng all at 23 floor 24 once 24 MR SALMON Thank you, Chair and m~b~s of 25 ~ eowgrr w~ could do ~t W~ could 25 ~ Co~ss~on ~s ~emng ~ hav~ ~acu~tc ~ PLA~G A~ ZO~G CO~SSION DECE~ER 20, 2000 Page 5 - Page Condensolt r~ ATtACHmENT #5 Page 9 Page 1 I I Conccpa0n Catholic Church, the applicants for a Mobility I where Carriage Hill and Brooklake, Westvlew and 2 Plan ameiadment A Mobility Plan amendment is very 2 Crestmeadow are We have over the years received many 3 comparable to what we would consider a Comprehensive Plan 3 phone calls from cu~zcns who hva in that subdlws~on 4 amendment so we treat It the same way Tho specific 4 wanting to know when they wore going to have better access 5 request tl~s cvcnmg ~s to remove Westward Drive, east of 5 into their subdivision 6 Northway Dave as a collector from thc Moblhty Plan 6 And as a matter of fact, prior to all tho 7 I've got a s~tc map on the overhead with Westward Dave 7 commotion we had with Fmrftcld student housing we used 8 highlighted In orange 8 to get calls fairly regularly from residents in tlus 9 I've got on thc overhead now a blowup of thc 9 subthwslon wanting to know when Westward Drive was going 10 existing Mobtl~ty Plan It basically shows Westward Dave 10 to be extended over to Benton Brae so that their ooly 11 as a collector st~ct going all thc way over to Benton 11 decent way In and out wasn't Windsor Drive 12 Brae It's part of a collector street system that 12 As it ~s now, c~thcr you have to come up the 13 actually runs front thc ! 35 service road, down 13 service road and in or else you have to come up to Windsor 14 Thunderbird, up Crestmeadow, and then across on Westward 14 and in and hack out on Wmdsur And, of course w~th the 15 And just for your reference, there's a 15 service road being one way u doesn't really provide a 16 proposed church site for immaculate Conception Cathohc 16 good way to get out of the subdlvIs~oo 17 Church Is right m thus area north of Westward Drive and 17 We received several phone calls from residents 18 east of Northway Thc church has requested that this 18 smcn we posted the public heanng and sent out 19 secUon of Westward from Nonhway over to Benton Brae be 19 notification and I can kind of, at least from thc ones 20 deleted So what wc'v© got here is a proposed Mobtltty 20 I've heard, I can sort of break the two concerns or I can 21 Plan based on their apphcatton Ths is what the 21 kind of break the concerns into two different categur~es 22 Moblhty Plan would be changed to d wc do deotdo to 22 There's one ~oup of folks that have been 23 ranov¢ thts section of Westward Drive as a collector 23 ealhng that are fearful that fi, for some reason the 24 street 24 church doesn't get their zomng or for some reason chooses 25 One thing ! did want to point out is that oven 25 not to btuld at this location, that thc property will be Page 10 Page 12 1 if thc City Council ultnnately deo~des to remove Westward I marketed again to another multi famdy user And so 2 Drive as a collector street, that still does not preclude 2 because thc church doesn't want to build this road you 3 th~s apphcant or any other applicant in thc future from 3 know they're ~n support of thc church not bmldmg it 4 building a street that would connect to Bonnie Brae This 4 because they want the church to be there because they 5 apphcaaon stmply removes it as a collector street 5 don't want mulu family 6 Staff's recommendation on this is to not 6 Thc second group of concerns nectars nmre 7 remove Westward Darn as a collector street Our now 7 about cut-through traffic I understand there already is 8 Comprehensive Plan that's been recently adopted highly 8 some cut through traffic m the neighborhood now and I can 9 suggests that we should be having as much conneotlwty as 9 lmagroo that with a church and school there could 10 possible, moaning there should bo moro than one way in and 10 possibly bc some addmonal cut through traffic in the 11 out of a sub&wsion, adjacent subthvlstons should be 11 neighborhood for people trying to get to that location 12 adjoined, subdivisions should be able to get to different 12 A couple of d~ffereat suggestions that staff 13 uses wltlun thc neighborhood without hawng to get out on 13 has in regards to thesn concerns, we can, if the road ~s 14 the arterial stroats 14 left in place on the Mobility Plan, we can work with any 15 For instance, someone who hves hack m this 15 apphcants on this property whather it bo the church or 16 neighborhood that possibly a~nds tha church or wetc 16 anythng else during tho platting phase to work out some 17 going to send their chtldren to the school at tlus church 17 scheme or phasing that will allow thom to leave th~s 18 shouldn't necessarily have to get out on Windsor Dave and 18 connection closed until such umc that we actually make 19 go all tho way around to get over to the school We think 19 this connection on Windsor Drive 20 that tlgy ought to bc able to stay re tier neighborhood 20 I think you're going to see a significant drop 21 and either walk or chave to schenl without getting out on 21 in cut-through traffic In the oatghborhoad once we get 22 the busy strects That's just one aspect of why wc thmk 22 WlndsorDr;vcextoadedovertothcservlccroad Asa 23 the eoonccUwty is normally a good :den 23 matter of fact, tomorrow at Development Review Coramli~ec 24 The other tlung ~s h~stortoally thus 24 we've got some people that am loolong at thc propcr~ 25 ne~ghburhood, specifically tho nc~ghherhood over here 25 So ! think there's some interest sUmng out there so THE PLANNING AND ZONING COMMISSION DECEMBER 20, 2000 Page 9 - Page 1 ~8 CondenseltTM ATTACHMENT #5 Page 13 Page 1 ~ I we're, I guess, being hopeful that that extension will 1 MR ADAM[ 1621 Hanovoc hero in D~nt~n 2 occur soutctime in tho nc~r fuutro And wben ! say near 2 Llfclong member resident of Denton, as well as of tb~ 3 future wi[tun the next few years We think that would 3 pamsh Itself 4 solve some of thc cut through traffic ISSUES 4 MR MCNE[LL SO we're happy - you can make, 5 A~mn, wc can work with tho apphcent, th~s $ any cominents you hkc about thc proposal 6 apphcant or any oth~r applicant who proposes to build on 6 MR ADAMI YeS A few of the conh'neots thdl 7 that property, some sort of phasing to make sure that that 7 we would like to make m the main reason why we w. asked 8 street doesn't connect through by some physical barmor 8 for flus variance, and we appreciate y'all taking the tnne 9 untd such time that Windsor Drive oonneats through and 9 to listen to it is duc to thc fact that the cost of it, 10 helps resolve some of those cut-through issues 10 in addition to the othoc development costs that we're 11 I believe the applicants are hero this 11 facing with this particular site for our church We hk¢ 12 evening Tber~'s a few people hero from the n~lghborhood 12 any other church, are always serambhng, shall we say for 13 I'll be glad to answer any questions you might have 13 our funds so we look for the lowest cost alternative to do 14 MR MCNEILL commmsloners, do you have any 14 what we're trying to do We had met In our due diligence 15 questions for staff? I have one When the Mobthty Plan 15 phase in looking at this site We had had several 16 was created, I don't remember when this was exactly, but 16 meetings with staff about this 17 why was Westward chosen as the access street and not 17 Our suggestion was to meet with the 18 Thunderbird? Why didn't Thunderbird como on east? 18 ne~ghborbeod group out there, wbach I'm sure y all arc 19 MR SALMON well, these stree't8 have been on 19 well y'all visited with them several times peer to in 20 the Mobility Plan for at least 14 years that ! know of 20 thc past and m fact, wc have the representative of that 21 And ectaally, I was here when this subdivision was 21 neighborhood group here with us this evening, Ms Joyce 22 platted and I personally don't recall why we decided to 22 Peele And we had a very well at~ended meeting with the 23 make that jog tn the collector system I know that one 23 neighborhood group of approximately 60 people that ~ere 24 thing and I'm, I guess, sp~ulatmg, is that m general 24 very much In favor that this road be ehmmated for a lot 25 you don't want a collector to ha too straight because then 25 of die reasons that David had mentioned Page 14 Page 16 I a does invite too much cut-through traffic and sometimes I The traffic that cuts through the area right 2 can acutally function more es an arterial than a 2 now is quite extensive It is being used somewhat as a 3 collector So sometimes we do purposely put offsets in a 3 major ar~qal at this point instead of a collector 4 collector strut just to control the amount of traffic 4 sti~ot The majority of the traffic Is coming up 5 that's on it And that would be my best guess as to why 5 Thunderbird Most of it seems to be going down 6 that oeaurred back In, I think this was '86 when this was 6 Crestmeadow at this point The feeling was that ~f you 7 originally platted 7 made that route more convenient, moro penpl¢ would usc ~t 8 MR R~tCHHART NOthing would preclude that 8 We really didn't have anybody speak out that they would 9 happening though m the futoro depeodlng on how that area 9 like -- of some of the concerns that you'v© heard over the 10 got developed I mean, Thunderbird could he extended 10 years that they would hke to see the road extend to 11 MRSALMON well, Ithmkthat'sahouse II reheve some of the congest~on off the other streets We 12 Thorn's houses them I don't think you could do that 12 really didn t hear that from anybody 13 with houses there 13 We had petitions s~gued from the neighborhood 14 MR MCNEILL All right Thank you Ot.~r 14 group that was out there very much in support of this 15 questions? Okay Thank you very much Is the applicant 15 The adjacent property owners to the west m Ryland Homes 16 or the apphcant's ropreseotat~ve here, would like to make 16 who owns a bulk of the lots adjacent to this property 17 a presentation? Please come forward and state your name 17 Oavo us a letter in support of It The neighbor to the 18 and address for the record 18 south, the Gambles, had suggested that they, if thru road 19 MILADAMI Mr ChalrmanandfellowCommlsston 19 was half of the road wes reqmred by us, the other half 20 members, I know a lot of y'all My name IS John Adami and 20 of it would be required by them, so they dldn t seem to 21 I am a pamsh~oner at Immaculate Conception and have been 21 think that that was a burden that they wanted to deal with 22 involved with helping the church find a location I have 22 in the future 23 m~t a lot of members Larry, have been working with him, 23 So the adjacent property owners seeaned to be 24 David, pr~or to Do you need addr~s? My address? 24 very much In support Wa haven't heard anything We've 25 MR MCNEILL Please state it for the record 25 sent letlers to the whole neighborhood group out there and THE PLANNING AND ZONING COMMISSION DECEMBER 20, 2000 Page 13 - Page It CondenseltTM ATTA(3~4ENT #5 Page 17 Page 19 I tl~ calls that we heard we~n~ all v~'y much in support of 1 do not necd the road That particular area of thc 2 it So David may have heard over tho years from people 2 neighborhood is buth out so that road is not going to 3 but we didn't hear from them and none of them -- and I'm 3 assist us at all 4 not sure, but I don't think that any of them are hare th~s 4 And I know as far as thc ncighbeshood being 5 ~veolng 5 laid in a gad patl~cn to help with the traffic flow, 6 $o that's pretty much our case I agree with 6 years ago when Thunderbird was built, if Thunderbird had 7 Mr McNedl that if somebody was looking at flus map they 7 beao extended out, it would have beeo a much more 8 would say that if flus was done right that Thunderba'd 8 favorable solutioo But Westward is just unneeded right 9 would be the collector Tho house that's tn the way now 9 now 10 would be part of somewhat of a need or a jog to the south 10 And I have a couple of comments, if they don t 11 on Thunderbird to go around, to connect it seamed to make 11 have to build the road in there, I would also be glad 12 better sense Northway will become a collector out to 12 because if you see in thc corner them, there's a drainage 13 University that will be in place so I guess all we're 13 creek area there Excuse me So any land savings that 14 talking about is the traffic that's going over to Windsor 14 dley have that they can increase the green area, that 15 Our preference would be a school with school 15 property would be fantastic w~th us And -- excuse me 16 kMs to eliminate betag completely smroundod by roads, 16 I also have a problem, too, if Westward is built out that 17 Just from a safety standpoint Our parish, the church 17 as you know, the h'uck route has been changed on 18 that we ii, teed to build there, will eventually seat 1,500 18 University The trucks cannot go down Uulver$1ty They 19 parishioners The school is anttclpnted to be 19 must be diverted onto the Loop I am concerned that's the 20 approxintately 500 students 20 first intersection past University If that road is built 21 So we would very much hke to ask that the 21 out, that could be possthly be a quick shortcut for them 22 Mobility Plan be amended to possibly work boiler in the 22 to get into ~wn tho back way because right now, if riley 23 future for Thunderbird lo bo a straight through and for us 23 go through the neighborhood they have to run through a 24 not to be requu'ed to bear that cost 24 gauntlet of homes There's homes, small sheets so I 25 MR MCNEILL v~nJ good I flunk your tune 25 think that would open up to the h'ucks That would be a Page 18 Page 20 I has expired So, Comrmssiooers, do you bevo any questioos I great shortcut for them so we don't want that 2 for Mr Adaml? Okay Thank you very much Is there 2 And as I said before, I have talked to my 3 anyone in the audience who would hke to speak in 3 neighbors In the area and I am also the same way very 4 oppos~tioo to this? Excuse me, in favor Please come 4 close to that It would be a convenience for us of a sort 5 forward and state your name if you'd like to speak 5 to have it opened up but, then again, we see the down side 6 You're in opposition, all right Is there anyone in the 6 of it hko possibly increased traffic through there, like 7 audience who would hke to speak in favor of the motion? 7 I said, from the trucks 8 MR REICHHART Tho motion is to or the 8 And also I want to say that Windsor is 9 request Is to remove it as a collector So if you're in 9 available such a short distance from that intersection 10 favor of removing flus as a collector, you've in favor of 10 there, Westward and say Crestmeadow Tbere's 15 houses l I this case l I that s~parate Westward from Windsor and Windsor is a 12 Ma MCNEILL Please come forward Thank you 12 fantastic road It's four lanes, two lanes cormng and 13 State yottr name and addr~s please fur the recurd 13 going And acntally if you compare it to Loop 288 along 14 Ma DARBY Ijust ~okmyk~d to grandma's 14 Wai-Mart, tbere'sjust twolanes them, so wehave a 15 house, I'm real frazzled right now My name Is Sherry 15 fantastic road very close by to us 16 Darby and I live at 2208 Crestmeadow Street And 16 So again, I would say Westward, thc extension 17 Crestmeadow is the first long streat on there But I'm 17 is unnecessary because of the available roads we do have 18 actually thr~ houses down from the intersection them at 18 now And one of the pessibflit~es that our n~ghborhood 19 Westward and Cres~raeadow 19 has explored in the last few years is the possibility that 20 But I have a couple of comments to make Of 20 Windsor is extended all tbe way out to the Loop and to the 21 course, the n~ghborhood is absolutely thrilled to see the 21 access road there, so that would increase the flow of thc 22 church come in tbe~ We are so thrilled to have them 22 traffic of the neighborhood so much more better than this 23 them And really I sea it es a coat savings fur tbem not 23 httle extensioo 24 to have to build that road And if you break it down, 24 And what I am curious about ts over the years 25 that road is totally unnecessa~ in tbe neighborhood We 25 hving in the ncq~hborhood I havc noticed traffic ~IE PLANNING AND ZONING COMMISS~(~N' DECEMBER 20, 2000 Page 17 - Page 20 CondensoltTM ATTACHJ~N~ t/5 Page 21 Page 2 I count.s 6n Thunderbird and ! don't know ~f any data is 1 Benton Brae, which ~s already so heawly traveled and 2 available from the Traffic Dcpurmlent as far as, you know, 2 only going ~o increase mult~iudes in the next four to five 3 how many cars are actually coming down that sheet So 3 years 4 they could probably have some data from that But then 4 Hawng served on the atp committee ~t's my 5 again ~f it's resldentaal traffic, ~affic from the 5 understanding they were gemg to tO' to bump up the 6 people hvmg In the neighborhood, I behave that we're 6 extension of W~ndsor over to I 35 frontage road off of t~c 7 all taken cave of very well The flow ~s adequate for 7 projected They were going to do tt longer than fix e 8 now 8 years, but because of the traffic and the build-up l 9 So as far as the church being there, flus 9 understood the last conversations were that they may hax e 10 extension Is beneficial to them We ave m favor of 10 to bump ~t mia the next five year t~me frame 11 hawng that taken away from there So those ave my 11 I am wanting to know about the flow which has 12 comments and thank y'all very much 12 been very well covered so far by Sherry, but the flow of 13 MR MCNEILL Any questions? Comnuss~oner 13 traffic Is continued through the curvent reads that ~e 14 R~shel 14 have And with the proposed road coming up Nonawa) 15 MR RISHEL AVe yOU a membea' of thc church? 15 where the road now ends, where Westward no'.~ end. ~t ~,~ ~11 16 MS DARBY NO, I'm not 16 butt right ~nto that You w~ll have thc other acces~ 17 MR RISHBL SO your comments are strictly 17 roads if I'm not m~stakan, on Umvers~ty it's e~thcc 18 neighborhood velated? 18 right at flus point or just very few feet away from ~t 19 MS DARBY oh, sure, just from tho 19 already a cut over so that people who ave going eastbound 20 neighborhood And we've been very active m the 20 on University would be able to cut over and easll3 ~wmg 21 neighborhood for years We have an adopt-a-spot along 21 up and ge~ on Northway So I see a lot of reasons tar no~ 22 Windsor for many, many years so we're active m the 22 having anethcr entrance and exit off of or entering mia 23 nc~ghborhocd as far as building the ne~ghborhocd up and 23 Benton Brae 24 keeping the quality up 24 You are only a few feet away from a proposed ~5 MR RIaHEL okay Thank you 25 stop hght s~tuatlon up here And when that traffic ~ts Page 22 Page 24 MS DARBY 'l~hauk you I running along, then you ccd up hawng another red hght 2 MIL MCNEILL IS ~ anyone else who would 2 yellow light, or a stop sign s~tuat~on with cars trying to 3 like to speak in favor of thc motion to ehmmate thc 3 cross over and/or going north and south on Benton Brae 4 rnad9 4 interrupting a four way lane of traffic that does 5 MS l,ooLe Please change my card 5 travel slow I hve there I know how fast they trax el 6 MR MCNEILL Yes, V./~tve doing that right now 6 I see no reason for them to have Westward ever 7 MS PeeLE We misunderstood how you were 7 opened up, ever I just don't see it being a necess]lx 8 making the comments on there My name is Joyce Peele I 8 with alveady this other road planned and thc extension 9 hve at 3021 North Bonnie Brae I am probably a quarter 9 being planned on thc future There is adequate flo~ 10 of a mile from tho corner of Windsor and where the church 10 through flus neighborhood now without hawng lo come m 11 is about to be built 11 and being another road that is a danger onto Benton Brae 12 I was going to ask a similar question to what 12 As I sa~d, you already have a five station 13 Sherry had asked as to recant traffic studies on Bonnie 13 here, with that road You already have another 14 Brae, however, not Thunderbird I am wondenng because ! 14 subdlwslon being built right here that w~ll have 15 know that when we went through some other local baffles 15 multitudes of cars coming in and nut of that wlth 16 there, we were near th~ point of being able tu be ehg~bla 16 mulu-famdy coming in on the other side ~n the near 17 for a stop hght being put at the four-way of Windsor and 17 future So I just flunk we've asking for more trouble 18 Bonnie Brae, which is already lnthca~ng a fairly heavy 18 than we've needing 19 traffic pattern there Wc have a new subdlvls~ua, 19 I think that the church wdl be speaking on :20 sub-devclopmetu going In, the Snnth properties right up 20 some of thc other points I had made, but just as a pcrbap~ 21 have, which is going to be around 950 homes plus 21 a wew~ng perspective, these ave thc homes Tins ~s the 22 mulU-fmmly Under tl~ Comprehensive Plan, my neaghbors 22 subthwslon and all tho little lots and all. the homes and 23 are zoned multi fanuly, as well as thc land across thc 23 you can average a couplc of cars per housc and maybe more 24 strect from me Wchavcafivestat~ontheve Wcdonot 24 ~fyouhavcteenagers that'sgmng~obcmtothat 25 need any more access and entries and off-ramps coming into 25 neighborhood THE PLANNING AND ZONING COMMISSION DECEMBER 20, 2000 Page 21 - Page 2,~ CondcnscItTM AT~ #5 Page 25 Page 27 I I just think a visual tells you and shows you I Richland Hills which was ~cry busy, right on a very bu~y 2 how many homes are just going to be in that hale 230 2 street It seems to b~ putting our children in some 3 acres on top of the homes that are already he~ And 3 jeopardy a jeoparchzmg sltaataon, because the street 4 they're httle luts so yun're going to find a lot of hemes 4 cormng through there is a colleotor sl~n:ct describes a 5 and a lot of cars Thank you very much I'll take any 5 collector street In yom' present plan Wl~ provide an 6 questions you may have 6 awful lot of through lraffic coming through the area And 7 MR MCNEILL Any questiuns? Thank you vc~3t 7 the cbaldren located ~n that area, In the present setup 8 much, Ms Pooh: Is th~re anyona else who would bke to 8 lfthatstreetls¢luraunted, we're gomg to have some 9 speak In favor of the motion? 9 security for tho~: c~nldren golng to school there 10 Ma [<[NO oood evening I appreciate the 10 We behave then putong the plan for the 11 opportunity to speak before the Commission My name is 11 church in we re going to have ample access to thc church 12 Charles B ICing My rcsldence is 1:319 North Elm My 12 and to the school from Bonmo Brae and Windsor The 13 address that you have Is 1215 North Elm, the site of the 13 neighbors expressed thew strong oppesalun to the street 14 present Immaculate Conception Catholic Church I'm the 14 It seems to me that '.vas a reasonable opposition for the 15 pastor of Immaculate Conception Church and it's my 15 reasons theyNe g~cm this evening One of the rcasons 16 privilege to be assigned to the parish on August the I st 16 for the collector street being pushed through on the part 17 of this year 17 of your staff 'ass that they build collector streets to ne 18 One of the leu'st activities I was told I was 18 subdivisions into subdivisions Tb.c~'s only one 19 going to be expected to attend was a public meeting I 19 subd~vlslon they're ~ymg rote the C~ty park Into Benton 20 thought what a wonderful opportunity to go out and make a 20 Brae and Wmd~or Westward Ho will not tie Into snail,er 21 point and welcome everybody and invite them all to join 21 subdiwsion that I can see on your map, which is one 22 the church It happened to be the meetang that was in 22 reason it strike, me for not justifying the street 23 response to a leRer we had sent to the folks in thc 23 But ll~ maan concern I have is the sectmty 24 ncighborlmod right north of our proposed development The 24 I could argue that il: would bc good to put that through 25 president of whoso association you've mat and I understand 25 because it g~ve, us access and ge~s folks In that dlwslun Page 26 Page 28 I when I got there that the City well knows the I down mia our church That's wund~rful But I think 2 organization 2 security for our ch~3dren is a little blt more important 3 We had no idea what kind of a respense we were 3 than evangahzatlon on our part to that particular 4 going to get from the group We sent leRers out to 4 neighborhood And we feel that the folks - we'd hke to 5 everybody Inviting th~m to meet with us and simply explain 5 be good neighbors and ~e feel that ff we can support the 6 our plan for the development of the property We had over 6 mot~on that we had and the support that they give to it 7 60 people show up I was stunned I said I know Denton 7 we'd hke to affirm strongly our support for the 8 ~s an active community I did not reahze penpl~ were 8 elirmnauon of that sm:et a~ a collector street because 9 this active They said, you don't know the folks In llus 9 it is v~cy nnportaut Io us to be good neighbors and th~ 10 netghborbeod association 10 neighbors made it v~:~'y clear to us at the town hall 11 They all we~ ve~, supportive of what we would 11 meeting that they vcant that street eliminated because a 12 hope would be an opportlmity to elmuunte the motioo that 12 provides for them too much through traffic, as thc members 13 we were presenting to you this evening 13 of the associat~on described for you this evening Thank 14 I'm the pastor of a congregation that hopes to 14 you for the opportunity ~o make the presentation to you 15 be l~cating them at tha corner of Bonnie Brae and 15 and I hope we 11 conunue to bo good neighbors for the 16 Windsor We hope to eventually as soon as possible, 16 community 17 braid a church that wdl provide 1,100 seats - an 1,100 17 MR ~c~q~tc~ xs eve got some questions 18 seat sanctuary, a school that will provide ultmmtely for 18 Commissioner WilLtmllS 19 some 500 youngsters in a pnmmy elemeatmy school 19 MR xh iLLLa._M$ '~es How many times do you 20 That's a lot of yolmgsters 20 plan to say ma~a on Sunday morning? 21 And we have two very major access roads, 21 MR K~O ',x ell, I can't tell you how many 22 Bonnie Brae and Windsor, currently to put a n~ to 22 right now because vl~ don t have a schedule Our present 23 extend Westward Ho Into the area whe~ we'r~ hoping to 23 service we ha~e two masses on Saturday evening and five 24 build the church and bmld the school ILseegns to me, as 24 services on Sunday 25 a pastor conung from northeast Tarraut County, North 25 MR WILLIA-MS Aad how arc they scatic~ed now? THE PLANNING AND ZONING COMMISSION DECEMBER 20, 2000 Page 25 - Page 2: CondenseltTM ATTACI-IIqENT #5 Page 29 Page 3 I MR KING Thoy're SCStlOred 5 00 and 6 30 on 1 In our congregation 2 Saturday evening currently In our pre, sent church on North 2 MR RISHEL 6 000 3 Elm 3 MR raNG Right 4 MR WILLIAMS okay One starts at 5 00 4 MR RISHEL And the church would hold? 5 MR KING one starts at 5 00 and one starts 5 MR raNG Tho church would hold approximately 6 at 6 30 6 I 100 in our plan 7 MR WILLIAMS okay 7 MR RISHEL 1 8 MR KING And on Sunday wohave servlea$ at 8 MR raNG That's orr plan mRlally 9 8 00 9 30, 11 00, 12 30, and 6 30 m the oveomg 9 Eventually expanding to 1,500 as a maximum t0 MR WILLIAMS okay 10 MR RISHEL okay And when you say 6 000 11 MR KING one of tho purposes of moving to a 11 you're talking 12 new church is hopefully we can reduce those services 12 Ma Kn'~O that's registered members 13 MR. WILLIAMS okay T~ rg~son I'm nslong 13 MR RISHEL Falxuly unit and the extended 14 those questions, I hear people talking about traffic flow 14 fmmly 15 and then I hear 1,100 parishioners, and so I'm concem~i. 15 MR raNG we have approxunately 2,000 16 I'm a httlo blt confused because it looks like it's gol~ 16 families and 6,000 memhers 17 TO be some urowded strects on Sunday if you don't have sax 17 MR RISHEL 2'hank you 18 or seven or eight or nme masses If that's the purpose 18 MR MCNEiLL ?hank you very much 19 of the community wanting the streat closed because ~ 19 MU KING thank you vevJ much 20 don't want much traffic on their streets How many 20 MR MCNEILL IS there anyone else who would 21 Catholic churches am in Denton? 21 like to speak in favor of the Agenda lt~n? Anyone else m 22 MR raNG TWO 22 the audieaoe who would like to speak in favor? ls there 23 MR WILLIAMS TWO Okay Thank you 23 anyone who would like to speak in opposition? Anyone like 24 MR KING Olio on Teasley and then Elm 24 to speak m opposition? Heanng no additional requests I 25 MR WILLIAMS 'rhenk you 25 will close the public heann8 and let me read some names Page 30 Page 32 I MR MCNEILL commissioner Apple I hero Bernard Saffron is in opposition to the mot~en I 2 MS APPLE YeS Does the church own tbe 2 assume that means of having the street 3 property? Have they already purchased tt'~ 3 MR SAFn~ON I don't want the road 4 MR KING Yes 4 MR MCNE[LL okay Yes, sir Suamta 5 MS APPLE okay So it's not contmgem upon 5 Saffron is in opposit~on 6 any of those decisions9 6 MS SAF~:RON I don't want the road ~ther 7 MR KING NO 7 MR MCNEILL okay I fllmk that's all the 8 MS APPLE And could you show us on the map 8 cards that we have Very good Would staff then hke TO 9 that's currently on the view screen where you antrcxpate 9 make any closing comments? Oh, the applicant Does the 10 the church buxlthng and the school being located, jus~ an l0 apphcant, do you wish to make any rebuttal statements? 11 estimate') 11 MR SALMON JUSt v~cy quickly Staff 12 MR KING Our present plans, our present hope 12 recommending that the Mobility Plan be left in its current 13 15 that the church will be located in tlus general area 13 form We flunk there are ways to mmgate some of the 14 here with the school adjacent to it We'd l~ke to hope 14 concerns that people have In this ne~ghhorheod 15 that our plan, prelunmary plan is going to call for 15 One of the things 16 access rote the property here off Windsor and another 16 that the church at least what's currently been submitted 17 access to the property m tlus area from Bonnie Brae and 17 has been a plan that has an access on Windsor and one on 18 coming m circling the school And much of our purkmg 18 Bonme Brae So, you know, it would just be an 19 will bo in this general area 19 observation on my part that whether we have a road here or 20 MS APPLE Thank you 20 whether they have a dnvewey out to Bonnie Brae, in any 21 MR MCNEILL commissioner Rlshel 21 event, it's going to be a ve~ busy intersection And 22 MR RI~HEL Maybe you could elnnfy for the 22 it's not unprecedented at some - in Denton at least that 23 Conunlsslon that the capacity that the church would hold 23 sometimes very busy driveways end up being signalized 24 and the number of pansluoners that you have 24 So, you know, I thank that regardless of 25 MR. KING we have approxrmately 6,000 members 25 whether we have a smoot here or a driveway, there are THE PLANNING AND ZONING COMMISSION DECEMBER 20, 2000 Page 29 - Page 32 CondonsoltTM ATTACHHENT #5 Page 33 Page 35 going to be access points on Bonme Brae and as property 1 got a lot of cut through traffic And, of course, 2 to the south of this develops, there's probably even going 2 Thunderbird Is wide and then Crestmeadow Is fairly w~d~. up 3 to be more driveways and more streets to connect to Bonme 3 until you get to Westward and then after that it narrox~ s 4 Brae So what we're trying to do ~s do titus In some sort 4 back down to a normal res~dentml s~ze So what you ~ c 5 of an orderly manner based on a plan thai we have in 5 got are people tha! are cutting across Thunderbird and 6 place I'll be glad to answer any other questions you 6 then up Crestmeadow to Wmdsor And of course th~s 7 m~ght have 7 section of Crestmeadow is only 31 feet wide so it s not g MR MCNEILL commissioner Apple 8 really wide -- by the time you get cars parked on both 9 MS APPLE David, how long is that Westward 9 sides of the street, there's not enough room for two ca~s 10 ex~sioogumgtobe? 10 topass So when you havc a lot of cut through traff*c l 11 MR SALMON oh, goodness I don't hate the -- 11 imagine that is causing some problems m the ne~gbborhood 12 I don't know the exact length of the preperiy 12 MS APPLE well ttwas my recollect~on that 13 UNIDENTIFIED SPEAKER 1000 feet 13 during past cases we had had people come before tis and 14 MS APPLE About 1,000 feet Any idea on 14 mention that they did not like their streets being used as 15 what that would cost to build out? 15 a cut through and I believe Crestmeadow was one m 16 Ma SALMON The appheants based on our 16 particular that they wished they had an additional streu~ 17 ordinance would be required to build 25 feet mcluthng a 17 MR SALMON Ilight And as I said and w~ 18 curb and gutter My guess is is somewhere in the range of 18 haven't I mean, since we had the Fairfield case we 19 about between $75 00 to $100 00 a hnear foot depending on 19 haven't had nearly well we haven't had any calls that 20 the material and drainage 20 I'm aware of, but I know prior to that we used to get a 21 MS APPLE And it's about 1 000 feet so about 21 lot of calls from this neighborhood When I say a lei 22 575,000 00 to $100,000 00 And when ts that Northway 22 you know, probably two, three four of them a year peopk 23 extension and the Windsor extension ~vhat's the timeline 23 just, you know what are you going to do You know wA 24 forthose? 24 needbettaraecess Andsomeofthemwerewondermg you 25 MR SALMON well, them is no -- the Northway 25 know, when is Westward going to be extended Page 34 Page 36 I extension to tho south would sunply be constnlcted as I MS APPLE That was my recollection 2 property develops unless It became a priority nad it got 2 Mil SALMON YOU know, some of them wanted to 3 placed m the City's Capital Improvements Program So 3 know when this connection up here on Windsor was going to 4 them is no tune frame on it 4 be made But people hlstoncally people in that 5 On the Windsor extension, stuff proposed that 5 neighborhood have wanted better access 6 in our last Capital Improvements Program and it was not 6 MS APPLE That WaS my ~collection Thank 7 chosen by the counmtlec I think that when we have our 7 you 8 next bond issue, we'll be looking at that again Whether 8 MR MCNEILL commissioner RIshal 9 it's chosen or not to be placed in there I don't know 9 Mr< RISNEL Mr Salmon the existing street l0 but we flefimtoly will be loolang at that in the next l0 Westward as it exists now is it connecting through'~ And I l couple of years as we prepare our next bond Issue I l I forget, as I have looked at th~s, does that connect 12 Also, as I stated earher, we do have some 12 through onto Crestmeadow now? 13 interest in th~s property at the intersection of what 13 MR SALMON Right Westward Dave flow ends 14 would ha Wmdsor and I 35 So lf some of that occurs, 14 atNorthway Thodev¢loperofthtssubd~vtsion Ithink 15 there's a possibility that at least some of ri could be 15 it was Windsor West, bmlt 24 -- excuse mc, 25 feet of the 16 built with that development So I ~h,.l~ you'll sec this 16 street from Creatmeadow all the way ~ Northway 17 connection OB Windsor sooner than !,un would see the 17 MR R[SHEL .Mid that IS open at Crestineadow * 18 southern counect~on on Northway 18 MR SALMON {t'S open It's an open street 19 Ms APPLE And my final question is it your 19 from Crestmeadow all the way to Northway 20 memory or have you had any expeneac¢ vath m some of the 20 Ma. RISHEL And that was actually, if I 21 pest ceses that we'vchad m thas area it s~emedtoma 21 remember right thatwas actually halfoftbe street he 22 that we had neighbors cormng forth salnng that they wantexl 22 built at that tune and there was a proposed other half 23 additional ways out because them was so much traffic 23 which would make it 40 something foot 24 going down then' small streets 24 MR SALMON Right When tl~ property to the 25 MR SALMON well, what you ve got is you've 25 south is developed, they'll be required to build thc THE PLANNING AND ZONING COMMISSIO]N DECEMBER 20, 2000 Page 33 - Page 36 CondonaoItm ATTACItlqEICr #5 Page 37 Page 39 remmnder'of the st~ct and st wdl be 41 feet w~de at talking I was looking through my traffm count bst to 2 that point 2 see ff there's been any recent traffic counts that the 3 MR PainE1. In your futoro planning on Bonnie 3 City has done on Thunderbird or Crestmeadow and I don't 4 Brae, is there any -- as you look at the visual of that 4 have any on my list 5 street, ts tbe~ any proposal that that would be a 5 So I'm not sure what that would have been for 6 boulevarded-type s~:ct where them would bo a median 6 It was c~ther - it was probably esther had to do with the 7 between the north/south lanes at all7 And my reason for 7 previous zoning case or possibly the pending zoning case 8 asking that question Is I'm concerned about Westway 8 now, but I don't have any current Ctty traffic counts so I 9 crossing that street as the traffic comes out because thc 9 have no idea whom they came from 10 park Is on the other side and maybe trying to look at tho 10 MIZ MCN£tLL okay Comrmssioner Wdhams 11 parking and the transmoo from the parking lot of the 11 MR WILLIAMS Ye~ I guess stdl my concern 12 church onto thc street and see if it would be reasonable 12 is about tho traffic w~th I'm looking at probably 600 13 to think that maybe v,~'d only want to have traffic moving 13 trips probably on the weekend Would that impact those 14 one way out of that parking lot which would be south 14 neighborhoods? 15 MR SALMON I don't zovtsion Bonnie Brae, as 15 MR SALMON well, I imagine that until this 16 a whole, having a methan anytune m the near futura It's 16 cuanectaon ua Windsor is made, I would Imagine w~th such a 17 designated as a secondary artenal on our Mobility Plan, 17 large cong~gation that them will be some people that 18 which is tho gt~n dashed hnc, which guaerally means that 18 wdl come to church up thc s~-vlcc road and cut through 19 you have four lanes of traffic Tbeee already am four 19 the neighborhood to come to church or to come to thc day 20 lanes out there although there's not a median So I 20 school 21 wouldn't anticipate -- I mean, putting a median in would 21 So I sea that as being somewhat of a problem 22 probably provide some adthuoual eapacay becauee you 22 for the neighborhood tn the interim and that's why I 23 wouldn't have so much cross traffic, but I think that's 23 stated earher on that I think we could prohably do 24 going to be a long way otu I just don't sea that in tbe 24 something to keap that from being a problem m the near 25 near future for Boome Brae 25 term Page 38 Page 40 MR RISHEL Alld It sounds like as the MR MCNEILL Coulmlsslonecs Commissioner 2 neighbors and the neighborhood association people have 2 Williams additional questions7 3 spoken that the existmg streets are, as you have deslgued 3 MRWILLIAMS No, no l'mjust-- 4 them, adaquat~ly carrying the traffic flow from the 4 MR MCNEILL okay Thank you Okay Do you 5 neighborhoods to d~wed areas and thc areas that they're 5 have adthtsonal comments? 6 trylngtogettu And I 3ust want to kind of mnko a note 6 MRSALMON well, yeah I was just gomg to 7 becanse one of tbe throes that you said was that the 7 say that all of these streets through hem are all 31 foot 8 exisung street, wa'ch ~s Crestmeadow in the northern part 8 starts and they art: deaigued fur resldentml traffic I 9 of that, is a 31 -foot wade stI~t And we have set up 9 mean, when I say residential traffic, I mean to serve thc 10 regulations, I guess, that concern ma that we have other 10 homes that are on them They're not designed for 11 proposed subdivisions that we might have sttl~ets that am 11 through traffic t2 smaller thua 31 -foot And that's kind of been a boua of 12 So I guess m closing, I just want to leave 13 contention in mc as we looked at planning situations and I 13 you vath thc thought that thts collector street system ~s 14 just wuat to make a note that your statement was that's 14 designed for some through traffic It's for people to g~l 15 not a lot of room to pass and I'm stressing that becansc 15 m and otu of the neighborhood and It IS fur some 16 it's something you'va said several tames Okay Thank 16 through traffic These streets up here were never meant 17 you very much 17 for through traffic and of course, that's what's 18 MR MCNE[LL Tbe quest~on was asked from some 18 occurrmgnghtnow So, youknow, streetsthatarent 19 of the p¢opk: who made ptesentataoos about a traffic 19 meant for throogh-traffi¢ are uarrower 20 study Has there been a traffic study on Thunderbird and 20 Ma MCNEILL In your best guesstlma~, make a 21 Cresmaeadow? 21 good swig, you're an uagmeer, I'm an uagtaecr, sc~eatfflc ~2 trill SALMON well, the church has recently 22 wdd.~'yed guess here, when would tbe south extension and 23 commissioned one In prqaarat~on for tholr zoning I know 23 when would Westward be extended? Ten years, 11 years~ 24 that when the Fua'field peeple w°m m hea~°, th°y did a 24 Id~ S^LMON well, this extensmn of Northway 25 traffic study, as ~ll X~rmle the people w~e up here 25 down to the south is really mom of a probably more THE PLANNING ANrD ZONING COI~SSION DECEMBBR 20, 2000 Page 37 - Page CondenseltTM ATTACHYlENT t~5 Page 41 Page 43 developmout'g~:nerated I Mn RISHEL okay Thank you 2 MR MCNEILL okay 2 MR MCNEILL Any last comments? 3 MR SALMON And I think some of the property 3 Ma SALMON NO, thank you 4 that it cuts through is owned by thc Rayzor Company and so 4 MR MCNEILL okay Thank you very much 5 they have a h~story of not moving very quickly with 5 Comm;ss~oness any addtuonal discussion or what is yoor 6 development So I think that Northway, unless somcttung 6 pleasure? 7 just really unusual happens, it's probably going to be a 7 MR RISHEL I d hka to make a motion I 8 good five or ten years down the line 8 move that we ampad the thoroughfare component of the 9 MR MCNEILL okay And then what about 9 Mobility Plan to abandon the eastern extension of Westward 10 WesU, vard? 10 from that existing plan I MR, SALMON well, Westward, If It realams on 11 MR MCNEILL IS thCTe a second? 1'11 second 2 the Mobility Plan as it u today, then if and when the 12 the motion Any discussion on tl~ mot~un? Any d~sc a~on 3 church comes into plat and they want to build their 13 on the motloo9 Vote on the board, please 14 faclhty they would be rcqan'cd to bmld 25 fentofa 14 MR WILLIAMS imstffimakingupmymmd so 5 So, you know, It would be extended and connect 15 I haven't forgot I nend to vote 6 x~lth the church Now, again, if tbere's something that we 16 MR MCNEILL say again 7 can do maybe to keep that from connecting in tho meantime 17 MR WILLIAMS [ said I'm still making up my 8 until we do get a Windsor connection to help solve some of 18 mind 19 that cut-through traffic, we eau work with tl~ church when 19 MR MCNEILL okay Well we're waiting on 20 thcy plat to do that 20 you Wehav¢fl~xenX'sandwenccdunemore Takcyoor 21 MR MCNEILL V~[~ good CoHIIlUSSlOU~r Pdsbel 21 t~me 29 MR R[SHEL And so if I'm not mistaken, the 22 MR RISHEL He has five minutes 23 people that own the prop~'u~y south of that at~ the 23 MR MC~EILL okay The vote is ttuue to one 24 Oambles, is that correct? 24 The motion passes 25 MR SALMON I behove that IS ¢o~t 25 (COMMISSIONER APPLE VOTINO IN OPPOSITION') Page 42 Page 44 MR mSHEL And do w¢ know of any sort of I MR MCNEILL And I believe that's the last 2 development that they are planmng on that piece of 2 Agenda item Is there additional motions or 3 property in the near futme? 3 MR RISHEL Merry Ckrlstmas 4 MIL SALMON i'm not aware of anything I d~d 4 MR MCNEILL Sorry, we can't have that in the 5 have a plaunmg consultant some time ago come rote my 5 audience Thank you very much I adjourn the meeting 6 office with a proposed land plan for tl~r propem'ty so I 6 then 7 don t know wheth~ it's be{Ag marketed or wh~h~r they're 7 (MEETING 1S ADJOURNED) 8 just U'ymg to do some studies themselves or exactly 8 9 xxhat s happening 9 10 sm. RISHEL SO the p:ece of stzent that would 10 11 be proposed on Westward's oxtunsion east would be -- tho 11 12 actual width of the pavement would bo what'? 12 13 MR. SALMON woll, existing is 25 feat 13 14 They d have tu braid tho rest of It so a would be 41, 14 15 ssho~ es tbe develops the Oamblc's properly 15 16 MR P. ISHEL Right Yes Okay Sowhut 16 17 ~e're saying is ~f Westward v~nt through at this *amc as a 17 18 collector, it would still only be a 24-foot wld~ -- 18 19 MR SALMON mght At th~s point it would be 19 20 24 feet wide whteh would be no parking It would bo two 20 21 lanes with no parking for tho {nlnl~dlat~ ~ frame 21 22 MR RISHEL And we said that the 31-foot 22 23 ss asn't wida eaough 23 24 MR. SALMON xhat'g got parking on tt TMs 24 25 would be 24 feet without pnrkln~ 25 THE PLANNING AND ZONINO COMMISSION DECgMB]ER 20, 2000 Page 41 - Page dd ORDINANCE NO AN ORDINANCE AMENDING THE ORDINANCE ADOPTING THE DENTON PLAN 1999- 2020 BY ADOPTING AN AMENDMENT TO THE ROADWAY COMPONENT OF THE DENTON MOBILITY PLAN FOR THE CITY OF DENTON BY DELETING WESTWARD DRIVE AS A COLLECTOR STREET FROM NORTHWAY DRIVE EAST TO BONNIE BRAE STREET, PROVIDING A SAVINGS AND A REPEALING CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton adopted resolution 98-065 adopting the roadway component of the Denton Mobility Plan to replace the 1988 Thoroughfare Plan on December 15, 1998, and WHEREAS, on December 7, 1999, the City of Denton adopted the Denton Plan, 1999- 2020 which includes the Denton Mohrhty Plan, and WHEREAS, a group of citizens have requested that the roadway component of the Denton Moblhty Plan of the Denton Plan, 1999-2020 be amended by deleting Westward Drive as a collector street from Northway Drive east to Bonme Brae Street, winch amendment is attached as Exlublt "A", and WHEREAS, on December 20, 2000, the Planning and Zomng Commission held a public heanng and recommended approval of the amendment, and WHEREAS, the City Council, after a public hearing on January 16, 2001, finds that the recommended amendment is in the best interests of the health, safety and general welfare of the citizens of the City of Denton, Texas, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Council has reviewed the attached Exhibit "A" to the Denton Mobility Plan-Roadway Component, of the Denton Plan, 1999-2020 winch illustrates the amendment and location of existing and planned roadways within the City of Denton, Texas for the deletion of Westward Drive as a collector street from Northway Drive east to Bonnie Brae Street, and hereby adopts such amendments to the plan to be used as the guideline by the Director of Planmng and Zoning of the City (the "D~rector") The Director is directed to change the Mobility Plan Map in accordance with this amendment SECTION 2 All orchnances or parts of ordinances in fome when the provisions of this ordinance became effective which are inconsistent or m conflmt w~th the terms or prowmons contained in this ordinance are hereby repealed to the extent of any such conflict only The non- conflicting sections, sentences, paragraphs, and phrases shall remmn ~n full force and effect 27 SECTION 3 A copy of tlus ordinance shall be attached to the Denton Plan, 1999-2020 showmg the amendment hereto approved SECTION 4 Tlus ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s the __ day of 2000 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 EMEAB ~ AGENDA DATE: January 16, Z001 DEPARTMENT: Legal CM/DCM/ACM: Herbert L. Prouty, City Attorney SUBJECT Consider and adopt a resolution of the City of Denton, Texas adopting the Clty of Denton's 2001 State Legaslatave Program, and providing an effective date BACK~ The C~ty Council has met m workshops, parhmpated m legislative seminars and has received input from the c~ty staff and vanous groups to develop the City of Denton's 2001 State Legislative Program The Council has given the city staff dzrectlon to develop its Legislative Program and w~th respect to legislative priorities Attached is a resolution adopting the C~ty of Denton's 2001 State Legislative Program based on the Cotmcfl's direction as set forth m Attachment A to the resolution OPTIONS The City Council may adopt the resolution and the City of Denton's 2001 State Legislative Program or direct staffto make changes and then adopt the legislative program FISCAL~IMPACT The C~ty Council has d~rected the clty staff to take a more active role In the upcoming sesmon of the legislature Tbas will reqmre more expenditures on travel and lodging to support Denton's Legislative Program Additional money has been set amde m th~s fiscal years budget to, cover these costs Respectfully submitted Herbert L Frouty C~ty Attorney Prepared by DorothylPalumbo Senior Asmstant C~ty Attorney/Legislative Coordinator RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE CITY OF DENTON'S 2001 STATE LEGISLATIVE PROGRAM, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Seventh-seventh Texas Legislature will convene in January, 2001, and WHEREAS, many legislative issues affecting local government will be considered, and WHEREAS, the C~ty of Denton has developed a legislative program for consideration by the Legislature, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the City of Denton's 2001 State Legislative Program for the City of Denton is adopted as set forth ~n Attachment "A", incorporated herein and made a part of th~s resolution for all purposes SECTION 2 That the Mayor and C~ty Council, City Manager and the City Attorney shall commumeate the items included m the state leg~slatlve program to members of the Texas Legislature SECTION 3 That, for those items designated as priority, the C,ty Attorney as directed to draft appropriate leg~slatmn, seek a sponsor, and acuvely pursue passage of such legislation by providing testimony from the Mayor and C~ty Council and C~ty staff and through other appropriate means SECTION 4 That, for those ~tems des, gnated as support, the Mayor and City Council, C~ty Manager and the City Attorney shall actively attempt to obtain passage of the appropriate legislation ~f it as introduced by some other enttty SECTION $ That, for those items designated as endorse by the C,ty of Denton or the Texas Mume~pal League, the City Manager and the C~ty Attorney are d~rected as tame allows to commumeate to appropriate md~wduals the C~ty Council's general support of such leglslaUon SECTION 6 That the City Manager and the C~ty Attorney are directed to oppose any legislation wluch dimm~shes the C~ty of Denton's home-rule anthonty SECTION 7 Tbas resolution shall take effect ~mmedlately from and after ItS passage m accordance w~th the provisions of the Charter of the C~ty of Denton and it is accordingly so resolved PASSED AND APPROVED tins the day of ~, 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 CITY OF DENTON 2001 STATE LEGISLATIVE PROGRAM State of Texas 77th Legislative Session As approved by the Denton C~ty Councd January 16, 2001 TABLE OF CONTENTS CITY OF DENTON MAYOR AND CITY COUNCIL 2 CITY MANAGER, CITY ATTORNEY, AND PUBLIC INFORMATION STAFF 3 DENTON CITY COUNCIL RESOLUTION ADOPTING LEGISLATIVE PROGRAM 4 TAB 1 - PRIORITY ITEMS 6 Development Issues and Fees - Retain local control over development and development fees .... 7 C~ty's right to access ~mpact fees and to recover ~mpact fees along state h~ghways 8 Oppose legxslatlon creatxng water d~stncts ~n the ETJ and enact legislation to reqmre water d~stncts to notify and recexve permission from cities before forming 9 Amend state law to allow funding from the federal Lands, Conservation, Preservation and Infrastructure Improvement Program, H R 4578, s~gned by President Chnton on October 11, 2000 to pass through to local governments 10 Oppose legmlatlon eroding c~ty authority to regulate manufactured homes 11 Mmnttun current regulations for County Development Dxstrlcts 11 Support Pubhc Transportation Issues by the Regional Transportation Councd and TX-21 . .. 12 Increase the level and avmlabd~ty of State transportation funding 12 Streamhne the procedures of the Texas Department of Transportation to make ~t more efficient 12 Facd~tate the creation and expansion of mass transit systems 12 Tax and finance Issues .................................................. 13 Oppose - Enacting a sales tax exemption that ~sn't a local option exemption 13 Oppose - Enacting a property tax exemption that would be substantml erosion of the tax base 13 Other tax ~ssues - Support Internet sales tax model legislation 13 Increase d~rect state md for pubhc libraries 13 Erosion of local control .............................. 14 Oppose legislation llm~txng the abd~ty of cities to control the right of way and to collect 14 franchise fees Support Denton ISD ........................... 15 Increase state funding for children w~th specml needs xn pubhc schools 15 Adding to state funding formula a criteria for school d~stncts that are impacted by exempt state and federal property 15 Electric Legislative Issues ...................................... 16 TAB 2 - TEXAS MUNICIPAL LEAGUE PRIORITIES ........ 17 Ct~ of Denton 2001 State Legislative Program Page 1 City of Denton City Council Members Malhng Address for all of Council 215 E McKumey, Denton, TX 76201 Voice Mall for all of Council - 349-8555 Mayor Euhne Brock (Horace) Office 349-7717 1900 Westrldge Home 382-2436 Denton, TX 76205 Cell 391-4940 E-marl mayor@lglobalnet Fax 381-0106 Council Member - D~strtct 1 Carl G. Young, Sr. (Margle) Office/Home 566-8790 321 E Mill St Cell 391-9504 Denton, TX 76205 E-mall councfll@lglobal net Council Member - D~strlct 2 Nell Durrance (Demse) Office 898-1975 1902 Williamsburg Row Home 383-0355 Denton, TX 76201 Cell 391-9503 E-mall Durrx3@lglobalnet Fax 381-2036 Council Member - D~stnct 3 Mike Cochran (Lmda Lavender) Home 387-0995 610 W Oak Cell 390-4001 Denton, TX 76201 E-mall mcochran@lglobal net Council Member ~ Distract 4 Sandy Krlstoferson (John) Home 565-9801 912 Ch~qmta Cell 390-3994 Denton, TX 76205 E-mall councll4@lglobal net Mayor Pro Tem Rom Beasley (John) Home 387-7062 3106 Broken Arrow Denton, TX 76201 E-marl councfl5@lglobal net Council Member Mark Burroughs (Anme) Office 382-4357 15 Royal Oaks Circle Home 381-0046 Denton, TX 76205 Cell 817-368-1165 E-mall markburr@lglobalnet Fax 591-0991 City of Denton 2001 State Legislative Program Page 2 City Manager, City Attorney and Public Information Staff The Demon C~ty Council and staff would be glad to prowde ~nformat~on, research ~ssues and testify on the C~ty of Denton 2001 Legislative Program Municipal Offices: C~ty of Denton 215 E. McKinney Denton, Texas 76201 www ca .tyofdenton corn Michael W. Jez Herb Prouty C~ty Manager C~ty Attorney (940) 349-8307 (940) 349-8333 David Hill Ed Snyder Assistant City Manager Deputy C~ty Attorney Development Serwces (940) 349-8333 (940) 349-8314 Howard Martin Kathy L. Dubose Assistant C~ty Manager Assistant City Manager Utd~t~es F~nance (940) 349-8232 (940) 349-8228 Jon Fortune John Cabrales Assistant C~ty Manager Pubhc Information Officer Pubhc Safety and (940) 349-8509 Transportation Operations (940) 349-8535 If you or your legislative staff needs assistance from Denton or has any questions concerning Denton's Legislative Priorities, please contact Dorothy Palumbo, Semor Assistant C~ty Attorney/Legislative Coordinator (940) 348-8393, (940) 382-7923 FAX, or emml dorothy.palumbo~mtyofdenton com Betty Williams, D~rector of Management and Pubhc Information (940) 349-8302, (940) 349-8596 or emafl betty wflhams(~mtyofdenton com C~ty of Denton 2001 State Legislative Program Page 3 RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE CITY OF DENTON'S 2001 STATE LEGISLATIVE PROGRAM, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Seventh-seventh Texas Legislature will convene in January, 2001, and WHEREAS, many legislative issues affecting local government will be considered, and WHEREAS, the City of Denton has developed a leglslat, ve program for consideration by the Legislature, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the City of Denton's 2001 State Legislative Program for the City of Denton is adopted as set forth ~n Attachment "A", ~ncorporated herein and made a part of this resolution for all purposes SECTION 2 That the Mayor and C~ty Council, City Manager and the City Attorney shall commumcate the items included in the state legislative program to members of the Texas Leglslamre SECTION 3 That, for those items designated as priority, the City Attorney is directed to draft appropriate legislation, seek a sponsor, and actively pursue passage of such legislation by providing testimony from the Mayor and City Council and C~ty staff and through other appropriate means SECTION 4 That, for those items designated as support, the Mayor and City Council, City Manager and the City Attorney shall actively attempt to obtain passage of the appropriate legmlaUon lf,t is introduced by some other ent,ty SECTION 5 That, for those items designated as endorse by the City of Denton or the Texas Mumclpal League, the City Manager and the C~ty Attorney are directed as tame allows to communicate to appropriate individuals the Ctty Council's general support of such leg~slatlon SECTION 6 That the C~ty Manager and the City Attorney are directed to oppose any legmlatlon wtuch dlm~mshes the C~ty of Denton's home-rule authority SECTION 7 This resolutlon shall take effect immediately from and after its passage in accordance with the provmlons of the Charter of the C~ty of Denton and it is accordingly so resolved Page 4 PASSED AND APPROVED th~s the day of ~ 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 5 Page 2 of 2 Denton's Legislative Priorities Ciiy of Denton 2001 State Legislative Program Page 6 Denton's Legislative Priorities The Clty of Denton has adopted the following legislative Issues as priority ~ssues on January 16, 2001 The City Council of the City of Denton has met in workshops, participated in legislative seminars and have had ~nput from c~ty staff and various groups to set these priorities I. Development Issues and Fees Retain local control over development and development fees. Background Information: Denton has allocated staff recourses and spent slgmficant sums on development issues We started the process by developing a vision and growth management strategy We then used a Visual Quality Survey to find out what the citizens wanted Denton then spent two years developing the Denton Plan, 1999-2020 The plan ~s formatted with pohcles, followed by goals and strategies that lead to implementation Sections of the plan deal with Land Use, The Street, Urban Design, Schools and undeveloped areas on the edge of the city This plan has won numerous awards for its planning strategies including Meat Award from the Society of Landscape Architects Comprehenmve Planning Award and Visual Quahty Survey Award from the Texas Chapter of the American Planning Association TML Excellence Award for the Visual Quality Survey Planning ProJect Award from the M~dwest Chapter of APA We believe that ViSlomng and growth management are best done at the local level Denton would not like to see growth management mandated by the state What works in Denton may not work ~n other cities C~y of Denton 2001 State Legislative program Page 7 Support city's right to access impact fees and to recover impact fees along state highways. Background Information: If Governor Bush had not vetoed H B 2045 last session, Denton would have lost m excess of $500,000 in impact fees The citizens of Denton would have to make up the difference in increased ad valorem taxes This is shifting the cost of new development to the taxpayers Denton believes that these costs should be borne by the developers Over the next 10 years, Denton has projected an additional cost of $60 million to provide water and wastewater service for new development The current impact fee statute prohibits Denton from collecting impact fees for development along state highways Most of our major thoroughfares are state and federal highways, ~nclu&ng US 380, US 377, US 77, and FM 2181, FM 1830, FM 426, FM 2449, FM 2499 as well as I 35E and I 35W Traffic continuously passes through Denton on these state and federal highways to get to other parts of the metroplex Formerly, th~s traffic passed through mainly agricultural areas Now th~s traffic passes by dense res~dentml and commercial development that is accessing the same narrow 2-lane h~ghways Denton has been aggressively pursuing federal and state h~ghway funds to help solve this problem But because of the impact fee legislat~on, development that contributes to the problem does not pay any of the costs Denton urges our legislators to work to remedy th~s The Denton City Council fully supports the compromise legislation on impact fees proposed by the Texas Mummpal League C~ty of Denton 2001 State Leglslnt~ve Program Page 8 Oppose legislation creating water districts in the ETJ and enact legislation to require water districts to notify and receive permission from cities before forming. Background Information: Denton provides water and wastewater to ~ts own citizens and also provides water and wastewater services through lnterlocal agreements with many smaller cities in Denton County Water is a limited natural resource and being able to meet its commitments for water supply is a priority with Denton Denton County does not need more water districts Fresh water supply corporations should have to receive permission from cities before forming There are 12 fresh water supply districts in Denton County The City of Denton has had problems with a fresh water supply d~smct forming inside the city limits and had to file litigation Fresh water supply districts frequently have substandard infrastructure and cannot serve the development that the district projected at build out These systems are not required to bid competitively and are very expensive Developers will often structure the debt to ~nclude a bond balloon payment This balloon payment is usually due around the time the system is failing Cities are then pressured to take over the district through annexation and are forced to spend substantial sums to correct the problem This is the same problem Houston faced in the early 80s We urge legislators to consider amendments to the Texas Water Code to require that fresh water supply districts receive pemiisslon from cities before forming C~ty of D~nton 2001 State Legislative Program Page 9 Amend state law to allow funding from the federal Lands, Conservation, Preservation and Infrastructure Improvement Program, H.R. 4578, signed by President Clinton on October 11, 2000 to pass through to local governments. Background Information: Denton urges you to support amendments to state law to provide funding under H 1~ 4578, s~gned by President Charon on October 11, 2000 Th~s federal legislation estabhshes Federal and State Land Conservation Funding Programs, State and other Conservation Programs, Urban and H~stor~c Preservation programs, Additional payments ~n Lieu of Taxes to Local Governments and Coastal Dr~lhng Impact A~d It is ~mportant for Texas to have these funds In the past Denton made good use of these programs before funding dechned You can see the legacy of the programs ~n some of Denton's own most ~mportant recreational factht~es, such as those at Lake Ray Roberts Amending state law to allow th~s funding for recreation and conservation easements w~ll ensure that Denton and other c~t~es ~n Texas can continue to offer first-rate park and recreation fac~ht~es to be enjoyed by all c~t~zens The Texas Recreation and Parks Society also support these amendments to state law C,~y of Denton 2001 State Legislative program Page 10 Additional Development Issues; Oppose legislation eroding city authority to regulate manufactured homes. Background Information: Denton has had to file litigation against property owners who have substandard manufactured homes that were in wolat~on of Denton's development regulations Last session, the legislature considered H B 1193 As filed the bill concerned title documents for manufactured homes and anthorlzed a realtor to act as a manufactured home broker or sales person A floor amendment was added on m the house tht removed the authority of c~tles to regulate the location of manufactured homes If that legislation had passed, Denton would not have been able to regulate the location of these substandard homes This would have a negative ~mpact on neighboring property values Maintain current regulations for County Development Districts Denton County has approximately 11 County Development D~stncts Under the current regulations, Denton County will exceed the population cap for County Development Districts Denton urges legislators to maintain current regulations and not increase the population cap C~ty of Denton 2001 State Leg~flattve Program Page 11 II. Support Public Transportation Proposals made by the Regional Transportation Council and TX-21 Increase the level and availability of State transportation funding. Streamline the procedures of the Texas Department of Transportation to make it more efficient. Facilitate the creation and expansion of mass transit systems Background Information: Traffic congestion is a ma3or problem in Denton We have several major highways running through our city identified on page 3, impact fee priority The Texas Municipal League has put together an excellent program to increase the level and availability of state transportation funding, and Denton is fully behind these efforts TXDOT procedures must be streamlined and a hard look at the development of mass transit systems in Texas is needed Denton's bond election of January 2000 included for the first time a significant amount of bond money for the study of mass transit systems If we ranked all of the economies and areas of the world, Texas would rank number 11 Texas has the second highest population in the United, States Texas is in need of a first class transportation system to serve this economy and its citizens C~ty of Denton 2001 State Leglslattve Program Page 12 III. Tax and Finance Issues Oppose - Enacting a sales tax exemption that isn't a local option exemption. Oppose - Enacting a property tax exemption that would be a substantial erosion of the tax base. Support Internet Sales Tax Model Legislation. Increase direct state aid for Libraries. Background Information: Denton has many federal and state properties that do not contribute to ad valorem taxes In 1994 Denton passed a ½ cent sales tax for the reduction of property tax Th~s means that we are heavily dependent on sales taxes Denton has lost over $200,000 annually m sales tax revenue as a result of the sales tax hohday Opting out of a sales tax hohday ~s not pohtlcally feasible for a mumc~pahty ~n an urban area, because shoppers would go to nearby c~t~es to take advantage of the sales tax holiday Expan&ng the sales tax hohday or adding additional items other than school supplies or adding additional property tax exemptions would significantly impact Denton Denton asks legislators to be cautious ~n expanding the sales tax hohday Perhaps an amendment to the sales tax hohday law ~s necessary to add a sales tax holiday for school supphes or s~mfiar ~tems to accomphsh the original purpose of the legislation However, expanding the number of sales tax hohday days will dramatically impact cities We urge legislators to make the m~nor amendments to allow for school supplies to be exempt from sales tax during the sales tax hohday and to wmt to make more amendments until after a study of the ~mpact on c~t~es ~s complete Denton also supports model Internet sales tax legislation Items sold over the Internet should be taxed the same as ~tems sold w~th~n the c~ty, so that one type of retailer does not have unfmr advantage over another F~nally, Denton supports ~ncreasmg &rect state a~d for pubhc hbranes as long as there are no grant conditions that prohibit non-resident fees City of Denton 2001 State Legislative Program Page 13 IV. Erosion of local control Oppose legislation limiting the ability of cities to control the right of way and to collect franchise fees. Background Information. Under current federal or state law, no laws exist that reduce the authority of cities to exercise their police powers for the protection of the health, safety, and welfare of the pubhc m connection w~th the use of cxty streets and rights-of way by telecommunication companies and other entities The types of regulations that cities may ~mpose on entities that use the city's right of way are numerous and will withstand legal challenge because they are reasonably connected to protection of the health, safety, or welfare of the public Denton urges the Legislature not to adopt new legislation that hm~ts the ab~hty of cities to control the right of way Cities collect franchise fees as compensation for the use of the right of way These fees reimburse the public for the use of the r~ght of way Denton urges the Legislature not to adopt legislatxon that limits the ability of cities to collect franchise fees C~ty of Denton 2001 State Legislative Program Page 14 V. Support Denton ISD Increase state funding for children with special needs in public schools. Background Information: Because of the location ~n our community of the Denton State School, the Nelson Center and other ent~t~es that serve students w~th special needs, Denton has a disproportionate number of such students, many of whose families live elsewhere m Texas Denton ISD expenses exceed the state average for prowd~ng educational services to spec~allzed populations Denton citizens make up this difference with local property taxes Adding to state funding formula a criteria for school districts that are heavily impacted by exempt state and federal property. Background Information: Denton ISD includes the University of North Texas, Texas Women's University, Denton State School, FEMA, County government and other tax-exempt properties All of these entitles feed students into Denton ISD without concomitant tax payments Denton ISD is among the lowest-ranked area schools ~n terms &taxable value per student We urge you to consider these issues when looking at school funding formulas C*ty of Denton 2001 State Legtslat~ve Program Page 15 VI. Electric Legislative Issues Support any amendments to SB 7, which would have a beneficial effect on Denton Municipal Electric, (DME) Support legislation, which would allow municipal utilities the opportunity to provide additional services should the municipal utility choose to do so. Background Information Currently, Cahforma ~s experiencing serious problems w~th the deregulation of electric services Many customers are now paying 250% increases on electric b~lls, and many areas are suffering power shortages and outages Section 64 of S B 7 reqmres the Pubhc Utthty Commission to study and make recommendations by December 15, 2000 to the Legislature for additional legislation that would move to and estabhsh a competitive electric market ~n accordance with the changes made by S B 7 The commission concluded that no changes or additions should be made to S B 7 If the legislature considers amendments to S B 7, the Denton C~ty Council asks that the legislature be cautious because of the problems that Cahforma ~s hawng As an operator of an electric ut~hty, the Denton C~ty Council supports any amendments to S B 7 that would have a beneficml effect on Denton Mumc~pal Electric In addition the Denton C~ty Council supports leg~slatlon, which would allow mumc~pal ut~ht~es the opportumty to prowde addmonat services should the mumc~pal ut~hty choose to do so C~t~es should be allowed to provide addlt~onal services to their c~t~zens hke any other utility Denton Mumc~pal Electric has h~red a ut~hty expert, J~m Boyle, to act on ~ts behalf before the Texas Legislature w~th regard to legislation affecting DME As b~lls are filed, DME and ~ts representative w~ll contact legislators to convey Denton's pos~t~on to protect ~ts ~nvestment ~n DME, ~nclud~ng ~ts pos~t~on as member of the Texas Mumc~pal Power Authority City of Denton 200l State Legislative Program Page 16 TEXAS MUNICIPAL LEAGUE PRIORITIES City of D~nton 2001 State Legislative Program Page 17 TEXAS MUNICIPAL LEAGUE PRIORITIES The TML Board devel.o, ped the ~ Pno_r.~ty~Packag~ a .group. of ,~mt~at.~ves ~at, wall receive the League s h~ghest et'tOrts The ~lty~ oI t~emon acuve~ypamc~patea ~n the TML Leg~slatxve Program and will actxvely pursue passage ofleg~s[atlon concermng these pnorlt~es 1. Defeat of any legislation that would erode municinal authority in any .w.ay or. tffat would otherwise be detrimimtal to cities, espec~auy legislation that would: a Reqmre reties to act as collection agents for state revenue b Erode the authomy of cities t9 ~mpose ~mpact fees, unless the TML Board agrees to compromxse legislation c ErodeA the authority of c~t~es to regulate the location of manulactured housing d Erode annexation authomy e Expand state agency regulatory authomy over reties 2. Passage of any legislation that would: a Consohdate all state court costs ~nto one fee payable to the state b Create an ~ntenm study of the eqmty (or lack thereof) of local revenue sources for transportation projects c Amend current law to (1) increase the optional county vehicle regxstratlon fee for chdd safety from $1 50 to $3 00, (2) reqmre a county to ~mpose a fee if requested by a c~ty or c~t~es whose total pol~ulatlon exceeds 2/3 of the total population of the county, and [3J pro.h~b~t, a county from resc~ndlng the fee after ~t has been adopted ~n that manner d Allow a c~ty to adjust ~ts effective tax rate calculation to account for mandated (statutonlyqmposed) reductions ~n general fund revenue e Eliminate or reduce the h.abd~ty exposure of a c~ty for a clmm based on a joint enterprise theory f Allow Cltles to enter into "desagn-budd" contracts g Pernnt a city to ~mplement a photograpMc traffic control system h Increase from $15,000 to $25~000 the procurement amount at which reqmred to seek competitive bids Ctty of Denton 2001 State Legtslatlv¢ Program Page 18 ~genda AGENDA INFORMATION SHEET 0ate AGENDA DATE: January 16, 2001 DEPARTMENT. City Manager's Office CM Mike Jez, City Manager SUBJECT Consider nominations and appointments to the City's Boards and Commissions BACKGROUND The following ~s a list of current Board/Commission vacancies/nominations City Manager Jez has an appointment to the Cavil Service Comm~ssion Alice Gore has resigned from the Zoning Board of Adjustment This is an alternate position and a nomination for the entire Council If you reqture any further ~nformatmn, please let me know Respectfully submitted ~ity Secretary MIKE JEZ, CITY MANAGER CITY OF DENTON 215 E MCK1NNEY ST DENTON TX 76201 December 28, 2000 Dear Mr Jez, As my involvement w~th the F~re Department increases, ~t is obvious that there will also be an increase m sttuatlons where I will have to excuse myself from deliberations before the Civil Service Commission I believe that would be detrimental to everyone revolved m the Clwl Service process, most especially the two other Commissioners who would be left carrying the burden For that reason I respectfully subrmt my resignation fi~om the Denton Civil Service Commission, effective tmmedlately I sincerely appreciate the confidence you and Ross Chadwick showed m me by nominatmg me to the Comrmss~on Thank you for allowmg me the opportumty to serve my conlmunlty Sincerely, Kern Burnside cc Denms Stephens, Comm~s~oner Dr Vincent Ramos, Commass~oner Carla Romme, C~vfl Sermce D~rector Ross Chadwick, Ftre Chief Gary Matheson, Cluef of Pohce