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March 06, 2001 Agenda
..daN° 01-01 AOENDA Aoenda It,m ~ CITY OF DENTON CITY COUNCIL ~lat, ~ ~ ~ I M~ch 6, 2001 - at a uo~ is present ~d convemng ~n ~ Open Meetmg, ~e City Co.cfi After dete mmg · q M~ch 6 2001 at of the Clt~df Denton, Texas will convene ~n a Closed Meeting on Tuesday, , of Denton Co~cfl Work Session Room, Denton City Hall, m 215 East 5 00 p m m the Ct~ .....0,~ ~tem when these Items ~e hsted below ~der ~e McK~ey{ Denton, lexas to consmer sp~ ........... s , ~on of this agenda ~en items for consideration ~e not hsted under me Closed Mgetmg sect ..... ~-.- ~mmafl w conduct a Closed Meetmg at Closed Mqetmg section of me agenaa, me ~ay ~ ....... fll not nvene m ~e time hsted below for ~ts regular or specml called meeting ~e 5 00 p m, ~d wall co ...... ~ ......nto a Closed Meeting on ~y item on its Open City Co~cfl rescues me ngm to aujum~ ,,~ Meeting a~enda consistent w~ Chapter 551 of~e Texas Govement Code, as mended, as set fo~h below 1 Closed Meeting A Dehberattons Keg~dmg Real Prope~y --- Under TEXAS GOVE~MENT CODE Section 551 072 (1) Receive ~nfo~atlon from Staff, discuss, dehberate, consider, t~e action on, ~d provide Staff with &recuon pe~mmng to ~e location of, the purchase price of, the possible te~s of sale, ~d valuaUon ~ssues respecting ~e possible cumulatwe acquisition of approximately 50 acres of real prope~ situated within the J Scott Su~ey, Abstract No 1222, ~d ~e W Wflbm S~ey, Abs~act No 1419, ~d the A Meyers - Jonson S~ey, Abs~act No 1699, ~d the adjacent u~umbered M E P & P R R Su~ey to the south of smd Meyers - Jonson Survey, and the G B~b I S~ey, Abs~act No 208 in Denton County, Texas, such ~acts of l~d I being no~h of ~d adjacent to the no.hem hmlts of ~e Denton M~mpal Al~o~ propegy (Masch Brach Road & J~m C~lstal Road ~ea) B Consultation with A~omey - Under TEX GOV'T CODE Sectmn 551 071 (1) Receive a f~er briefing from ~e City's attorneys, and constder, discuss, strateg~ze ~d t~e action on whether or not to lnte~ene as a pray m ~RCC Docket No 2000-1412-AIR (Mmln M~letta Materials of Texas, Inc ), or in ~e alternative, whether to t~e other legal action pe~mmng ~ereto, where to &scuss these matters ~n pubhc would conflict m~ the duty of the City's a~omeys under the Texas Dlsc~phn~ Rules of Professional Conduct of the State B~ of Texas (2) D~scuss ~d consider s~ategy ~d status of ht~gatlon with ~e City's attorneys in htlgatlon styled Ct~ of Denton, et al v T~ Electrtc Company, et aL Cause No 009383 c~ently pending in the 134~ District Co~ of D~las Co~ty, Texas, ~d discuss legal issues concerning th~s htlgat~on w~ the a~omeys where to discuss these matters ~n pubhc would ' S conflict ~th the duty of the City s a~omey to the Ctty Co.cfi ~der the Texas D~smphn~ Rules of Professional Conduct of the State B~ of Texas C~ty of Der~ton C~ty Council Agenda March 6, 2001 Page 2 ANY FINAl. ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN 1N AN OPEN MEETING THAT IS HELD 1N COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER $51, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF SECTION $51 086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION") THE CITY cOUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORiZED BY TEX GOV'T CODE, SECTIONS 551 001, ET SEQ (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, 1N ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551 071-551 086 OF THE TEXAS OPEN MEETINGS ACT Regular Meeting of the C~ty of Denton Cay Council on Tuesday, March 6, 2001 at 6 00 p m ~n the Council Chambers at C~ty Hall, 215 E McK~nney Street, Denton, Texas at which the following atems will be consadered 1 Pledge of Allegiance - Led by children from the Denton Commumty A U S Flag B Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and ~nd~vls~ble" 2 Consider approval of the minutes of February 2, February 6, February 9, February 12, February 13, February 19, February 20, February 21, and February 27, 2001 ~PRESE~TATIONS 3 March Yard of the Month Awards 4 Presentations a Presentation of Certfficate of Achievement for Excellence ~n F~nancml Reporting by the Government Finance Officer's Assomat~on for Denton's Comprehensive Annual Fmanclal Report for the fiscal year ended September 30, 1999 b Presentation of D~stmgmshed Budget Presentatmn Award on the 1999-00 Denton Budget by the Government Finance Officer's Assocmt~on .CITIZEN REPORTS 5 Andee Chamberlmn regarding removal of drop-off recychng centers 6 Dorothy Framanty regarding ~ssues w~th Mummpal Court procedures NOISE EXCEPTIONS 7 Consider a request for an exception to the no~se ordinance for construction act~wty for the Umvers~ty Courtyard Apartments between 8 00 a m and 1 00 p rn on Sundays by Rea Construction Company at 200 S Bonnie Brae Street on Sundays from March 4, 2001 until August 5, 2001 City of Dei3ton City Counctl Agenda March 6, 2001 Page 3 CONSENT AGENDA Each of these ttems ts recommended by the Staff and approval thereof wtll be strictly on the basts of the Staff recommendattons Approval of the Consent Agenda authortzes the City Manager or hts destgnee to tmplement each ttem tn accordance with the Staff recommendations The Ctty Counctl has recetved background mformatton and has had an opportunity to raise questions regardmg these ttems prior to consideration Ltsted below are btds, purchase orders, contracts, and other items to be approved for payment under the Consent Agenda (Agenda Items 8-32) Thts hstmg ts provtded on the Consent Agenda to allow Council Members to dtscuss or w~thdraw an ttem prior to approval of the Consent Agenda If no items are pulled, Consent Agenda Items 8-32 below wtll be approved with one motion If ttems are pulled for separate dtscussion, they wdl be considered as the first items under "Items for Indlvtdual Conslderatton" 8 Consider adoption of an ordinance directing the issuance and pubhcat~on of Notice of Sale of City of Denton General Obligation Bonds, and providing for an effective date 9 Consider adoption of an ordinance directing the publication of Notice of Intention to issue Certificates of Obligation of the City of Denton and providing for an effective date 10 Consider adoption of an ordinance anthoriz~ng the Mayor to execute an lnterlocal agreement between the City of Denton, SPAN, Inc and the University of North Texas to provide for motor career passenger service for UNT students, staff and faculty, and providing for an effective date 11 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a first amended agreement for professional legal services with the law firm of Fulbnght & Jaworskl, LLP for services pertaining to obtaining a private letter ruling from the Internal Revenue Serwce respecting the issuance of tax-exempt debt to refinance outstanding Texas Municipal Power Agency debt, authorizing the expand~ture of funds therefor, providing for retroactive approval of the agreement, and providing an effective date 12 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement m the form of Task Order No 0l- B w~th R J Cowngton Consulting for services relating to overall restructuring lntplementation for Denton Municipal Electric, authorizing the expenditure of funds therefor, and providing an effective date 13 Consider approval of a tax refund to Thomas E & Margaret Hook in the amount of $582 01 The 2000 property tax was prod twice 14 Consider approval of a tax refund to Pxtney Bowes in the amount of $ 8,216 31 The 1999 property tax was prod twice 15 Consider approval of a tax refund to Mary Gonzales in the amount of $679 43 The 2000 property tax was prod twine 16 Consider approval of a tax refund to Kewn & Laurie Pearson in the amount of $629 75 The 2000 property tax was prod twice C~ty of Den[on C~ty Council Agenda March 6, 2001 Page 4 17 Consider approval of a tax refund to Pdchard Andrew in the amount of $2,357 82 The 1999 property tax was prod twine 18 Consider approval of a tax refund to Scott Brown in the amount of $1,333 91 The 2000 property tax was prod twice 19 Consider approval of a tax refund to Countrywide Home Loans ~n the amount of $2,137 29 The 2000 property tax was prod twice 20 Consider approval of a tax refund to Jerry Kelsoe ~n the amount of $7,814 17 Mr Kelsoe erroneously paid his Denton County and DISD taxes to the City of Denton 21 Consider adoption of an ordinance approving the assignment of a pubhc works contract between the City of Denton, Texas and Henderson Construction, L L P for the construction of certmn municipal ~mprovements known as the Western Pecan/Cooper Creek Project to Kebo Services, Inc, whmh contract was prewously awarded by the City Council pursuant to Ordinance No (2000-276), authorizing the C~ty Manager to execute the assignment of behalf of the C~ty and authonmng the expenditure of funds therefore, and providing for an effective date (B~d 2531 - Inflow/Infiltration Corrections for Western Pecan Creek & Cooper Creek, assigned to Kebo Servmes, Inc ~n the amount of $683,930) 22 Consider adoption of an ordinance accepting competmve b~ds and awarding a pubhc works contract for the construction of neighborhood parks and playground improvements, providing for the expenditure of funds therefore, and promd~ng for an effective date (B~d 2630 - Neighborhood Parks and Playground Improvements Project, awarded to Playground Specialist, Inc, ~n the amount of $224,479 83 ~ncluding Alternates 1 and 4) 23 Consider adoption of an ordinance accepting competitive b~ds and awarding a pubhc works contract for the purchase of an 8' x 65' pre-fabricated bridge, prov~ding for the expenditure of funds therefore, and prowd~ng for an effective date (B~d 2644 - Fred Moore Pre-Fabricated Bridge, awarded to Continental Bridge ~n the amount of $32,459 with delivery ~n 8 weeks) 24 Consider adoption of an ordinance accepting prowding for the expenditure of funds for the purchase of 800 MHz Mobile Radios and Accessories which are available from only one source in accordance with the prowstons of State Law exempting such purchases from requirements of competit~ve b~ds, and providing an effective date (PO 13144 - Motorola Customer Connection, in the amount of $60,353 15 for Mobde Radios) 25 Consider adoption of an ordinance accepting competitive b~ds and awarding an annual contract for the purchase of Enwronmental Laboratory Serwces, prowding for the expenditure of funds therefore, and prowdmg an effective date (B~d 2605 - Environmental Laboratory Services awarded to Certes Envtronmental Laboratories, L L C in the cremated annual amount of $145,000) AGENDA CITY OF DENTON CITY COUNCIL A0enda Item . March 6, 2001 ~)ate After detevmmng that a quorum ~s present and convemng m an Open Meeting, the C~ty Council of the C~ty of Denton, Texas will convene ~n a Closed Meeting on Tuesday, March 6, 2001 at 5 00 p rn ~n the C~ty of Denton Council Work Sesmon Room, Denton C~ty Hall, at 215 East McK~nney, Denton, Texas to consider specffic ~tems when these ~tems are hsted below under the Closed Iv[eetmg section of th~s agenda When ~tems for cons~deratmn are not hsted under the Closed Meeting section of the agenda, the C~ty Council wall not conduct a Closed Meeting at 5 00 p m4 and will convene at the t~me hsted below for ~ts regular or spemal called meeting The C~ty Council reserves the right to adjourn into a Closed Meetxng on any item on ~ts Open Meeting agenda consmtent w~th Chapter 551 of the Texas Government Code, as amended, as set forth below 1 C}osed Meeting A Dehberat~ons Regarding Real Property --- Under TEXAS GOVERNMENT CODE Section 551 072 (1) Receive mformat~on from Staff, d~scuss, dehberate, consider, take action on, and promde Staff w~th d~rect~on pertmmng to the location of, the purchase price of, the posmble terms of sale, and valuatxon xssues respecting the possible cumulative acqms~t~on of approximately 50 acres of real property situated w~th~n the J Scott Survey, Abstract No 1222, and the W Wflbum Survey, Abstract No 1419, and the A Meyers - Johnson Survey, Abstract No 1699, and the adjacent unnumbered M E P & P R R Survey to the south of smd Meyers - Johnson Survey, and the G Barb Survey, Abstract No 208 ~n Denton County, Texas, such tracts of land being north of and adjacent to the northern hm~ts of the Denton Mumc~pal A~rport property (Masch Branch Road & J~m Christal Road area) B Consultation w~th Attorney - Under TEX GOV'T CODE Sectton 551 071 (1) Receive a further briefing from the C~ty's attorneys, and constder, d~scuss, strateg~ze and take action on whether or not to ~ntervene as a party TNRCC Docket No 2000-1412-AIR (Mart~n Marietta Materials of Texas, Inc ), or ~n the alternative, whether to take other legal action pertmmng thereto, where to dmcuss these matters ~n pubhc would conflict w~th the duty of the C~ty's attorneys under the Texas D~smphnary Rules of Professional Conduct of the State Bar of Texas (2) D~scuss and consider strategy and status of ht~gatxon w~th the C~ty's attorneys ~n ht~gat~on styled City of Denton, et al v TXU Electric Company, et al, Cause No 009383 currently pending ~n the 134th D~stnct Court of Dallas County, Texas, and d~scuss legal ~ssues concerning th~s ht~gat~on w~th the attorneys where to &scuss these matters ~n pubhc would conflict w~th the duty of the C~ty's attorneys to the Cay Council under the Texas D~sc~phnary Rules of Professional Conduct of the State Bar of Texas C~ty of Depton C~ty Council Agenda March 6, Z001 Page 2 ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED 1N A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN 1N THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF SECTION 551 086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION") THE CITY COUNCIL RESERVES THE RiGHT TO ADJOURN INTO A CLOSED MEET1NG OR EXECUTIVE SESSION AS AUTHORIZED BY TEX GOV'T CODE, SECTIONS 551 001, ET SEQ (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551 071-551 086 OF THE TEXAS OPEN MEETINGS ACT Regular Meeting of the City of Denton City Council on Tuesday, March 6, 2001 at 6 00 p m in the Council Chambers at C~ty Hall, 215 E McKlnney Street, Denton, Texas at which the following ~tems wall be considered 1 Pledge of Allegmnce - Led by children from the Denton Community A U S Flag B Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible" 2 Consider approval of the mtnutes of February 2, February 6, February 9, February 12, February 13, February 19, February 20, February 21, and February 27, 2001 PRESENTATIONS 3 March Yard of the Month Awards 4 Presentations a Presentation of Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officer's Association for Denton's Comprehensive Annual Flnancml Report for the fiscal year ended September 30, 1999 b Presentatmn of Dtstmgmshed Budget Presentation Award on the 1999-00 Denton Budget by the Government Finance Officer's Assomatlon CITIZFJN REPORTS 5 Andee Chamberlmn regarding removal of drop-off recycling centers 6 Dorothy Framanty regarding issues w~th Mumc~pal Court procedures NOISE EXCEPTIONS 7 Consider a request for an exception to the noise ordinance for construction activity for the University Courtyard Apartments between 8 00 a m and 1 00 p m on Sundays by Rea Construction Company at 200 S Bonme Brae Street on Sundays from March 4, 2001 until August 5, 2001 City of De~aton C~ty Council Agenda March 6, 2001 Page 3 CONSENT AGENDA Each of these ~tems ~s recommended by the Staff and approval thereof w~ll be smctly on the bas~s of the Staff recommendations Approval of the Consent Agenda authorizes the City Manager or h~s designee to ~mplement each acm ~n accordance w~th the Staff recommendations The C~ty Councd has received background information and has had an opportumty to rinse questions regarding these ~tems prior to consideration L~sted below are bids, purchase orders, contracts, and other ~tems to be approved for payment under the Consent Agenda (Agenda Items 8-32) This hst~ng is prowded on the Consent Agenda to allow Councd Members to d~scuss or w~thdraw an ~tem prior to approval of the Consent Agenda If no ~tems are pulled, Consent Agenda Items 8-32 below will be approved w~th one motmn If ~tems are pulled for separate discussion, they will be considered as the first ~tems under "Items for Ind~wdual Consideration" 8 Consider adoption of an ordinance directing the issuance and publication of Notice of Sale of C~ty of Denton General Obhgation Bonds, and providing for an effective date 9 Consider adoption of an ordinance directing the pubhcatlon of Notice of Intention to issue Certificates of Obhgat~on of the City of Denton and providing for an effective date 10 Consider adoption of an ordinance authorizing the Mayor to execute an ~nterlocal agreement between the City of Denton, SPAN, Inc and the University of North Texas to provide for motor carrier passenger service for UNT students, staff and faculty, and providing for an effective date 11 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a first amended agreement for professional legal services w~th the law firm of Fulbrlght & Jaworsk~, LLP for services pertaining to obtarmng a private letter ruling from the Internal Revenue Serwce respecting the issuance of tax-exempt debt to refinance outstanding Texas Mumclpal Power Agency debt, authorizing the expenditure of funds therefor, prowd~ng for retroactive approval of the agreement, and prowdmg an effective date 12 Consider adoption of an ordmance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement in the form of Task Order No 0l- B with R J Covington Consulting for services relating to overall restructuring implementation for Denton Mumclpal Electric, authorizing the expenditure of funds therefor, and providing an effective date 13 Consider approval of a tax refund to Thomas E & Margaret Hook ~n the amount of $582 01 The 2000 property tax was paid twice 14 Consider approval of a tax refund to Pitney Bowes in the amount of $8,216 31 The 1999 property tax was prod twice 15 Consider approval of a tax refund to Mary Gonzales in the amount of $679 43 The 2000 property tax was prod twice 16 Consider approval of a tax refund to Kevln & Laurie Pearson in the amount of $629 75 The 2000 property tax was paid twice C~ty of Denton City Cotmcd Agenda March 6, 2001 Page 4 17 Consider approval of a tax refund to Rmhard Andrew ~n the amount of $2,357 82 The 1999 property tax was prod twine 18 Consider approval of a tax refund to Scott Brown ~n the amount of $1,333 91 The 2000 property tax was prod twine 19 Consider approval of a tax refund to Countrywide Home Loans ~n the amount of $2,137 29 The 2000 property tax was prod twtce 20 Consider approval of a tax refund to Jerry Kelsoe ~n the amount of $7,814 17 Mr Kelsoe erroneously paid his Denton County and DISD taxes to the Cxty of Denton 21 Consider adoption of an ordinance approwng the ass~gnmem of a pubhc works contract between the City of Denton, Texas and Henderson Construction, L L P for the construction of certmn mumc~pal improvements known as the Western Pecan/Cooper Creek Project to Kebo Services, Inc, which contract was previously awarded by the C~ty Council pursuant to Ordinance No (2000-276), authorizing the Ctty Manager to execute the assignment of behalf of the C~ty and authonmng the expenditure of funds therefore, and providing for an effective date (Bid 2531 - Inflow/lnfiltrauon Corrections for Western Pecan Creek & Cooper Creek, assigned to Kebo Servmes, Inc ~n the amount of $683,930) 22 Consider adoption of an ordinance accepting compeutlve b~ds and awarding a pubhc works contract for the construction of neighborhood parks and playground improvements, providing for the expenditure of funds therefore, and promd~ng for an effective date (Bid 2630 - Neighborhood Parks and Playground Improvements Project, awarded to Playground Specialist, Inc, ~n the amount of $224,479 83 ~ncludmg Alternates 1 and 4) 23 Consider adoption of an ordinance accepting competitive bids and awarding a pubhc works contract for the purchase of an 8' x 65' pre-fabricated bridge, prowd~ng for the expenditure of funds therefore, and providing for an effective date (B~d 2644 - Fred Moore Pre-Fabricated Bridge, awarded to Continental Bridge ~n the amount of $32,459 wtth dehvery ~n 8 weeks) 24 Consider adoption of an ordinance accepttng prowd~ng for the expenditure of funds for the purchase of 800 MHz Mobde Ra&os and Accessories which are avmlable from only one source ~n accordance with the provisions of State Law exempting such purchases from requirements of competitive b~ds, and provldxng an effective date (PO 13144 - Motorola Customer Connection, in the amount of $60,353 15 for Mobile Radms) 25 Consider adoption of an ordinance accepting competitive b~ds and awarding an annual contract for the purchase of Envlromental Laboratory Services, providing for the expenditure of funds therefore, and prowdlng an effecttve date (B~d 2605 - Environmental Laboratory Services awarded to Certes Environmental Laboratories, L L C in the estimated annual amoum of $145,000) City of Denton Clty Council Agenda March 6, 2001 Page 5 26 Consider adoption of an ordinance accepting competitive b~ds and awarding an annual contract for the supply of electric meters, current transformers, and meter sockets, providing for the expenditure of funds therefore, and providing an effective date (Bid 2617 - Electric Meters, Current Transformers and Meter Sockets awarded to Multiple Suppliers in the annual estimated amount of $225,000) 27 Consider adoption of an ordinance accepting competmve bids and awarding a contract for the purchase of two Police Motorcycles, providing for the expenditure of funds therefore, and providing an effective date (Bid 2635 - Police Motorcycles awarded to Cycle Center of Denton in the amount of $19,800) 28 Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of Police Mobile Video Camera Systems, providing for the expenditure of funds therefore, and providing an effective date (Bid 2641 - Pohce Mobile Video Camera Systems awarded to Mobile Vision ~n the amount of $233,225) 29 Consider adoption of an ordinance awarding a contract for the purchase of a 40 KVA / 32 KW Uninterrupted Power Supply (UPS) and installation as approved by the State of Texas General Services Commission through a Qualified Information Services Vendor (QISV) catalogue, providing for the expenditure of funds therefore, and prowdlng an effective date (Purchase Order 12574 to DataCom Power, Inc in the amount of $39,881) 30 Consider adoption of an ordinance approving a Local Project Advance Funding Agreement between the City of Denton and the Texas Department of Transportation to prowde for the construction and funding of certain public improvements for US 77 from Interstate 35 to US 380, authorizing the expenditure of funds therefore, and providing an effective date 31 Consider approval of a resolution of the C~ty of Denton, Texas, supporting a sales tax on products and services purchased on the Internet ensuring equitable treatment of retailers located in the City of Denton and preserving the local sales tax base needed to deliver city services 32 Consider approval of a resolution of the City of Denton, Texas, supporting federal funding for airport development projects at the Denton Municipal Airport located in the City of Denton, Texas, and prowdlng for an effective date PUBLIC HEARINGS 33 Hold a public hearing and consider adoption of an ordinance approving a Zoning Plan to rezone 34 1 acres from Planned Development (PD-100) and Single Family (SF-71 [c]35) zoning districts to a Planned Development (PD) zoning district The property is generally located north of Robmson Road, between Teasley Lane and State School Road A s~ngle- family subdivision with an amenity center and open space is proposed The Planning and Zomng Commission recommends approval (7-0) (ZP-O0-O08, Robinson Oaks) 34 Hold a public hearing and consider adoption of an ordinance approving a Project Plan/Detmled Plan on 34 1 acres in a Planned Development (PD) zoning district The C~ty of D~nton City Council Agenda March 6, 2001 Page 6 property ~s generally located north of Robinson Road, between Teasley Lane and State School Road A single-family subdivision with an amenity center and open space is proposed The Planning and Zomng Commission recommends approval (7-0) (SP-00- 009, Robmson Oaks) 35 H01d the second of two scheduled public hearings to hear comments regarding the City of Denton Draft Development Code and zoning map ITEMS I~OR INDIVIDUAL CONSIDERATION 36 Consider approval of a resolution for a Project Plan/Site Plan in a General Retml (GR) zomng district The 1 1-acre property ~s generally located on the west side of Loop 288, less than 500' south of McKlnney Street A drive-through restaurant ~s proposed (SP~ 00-015, Jack tn the Box RestauranO 37 Consider approval of a resolution approving a ProJect Plan for 1 563 acres in a Commercml (C) zoning district, located on the north side of 1-35 at the northeast intersection of 1-35 service road between Fort Worth Drive and Teasley Lane Johnny Canno's Country Itahan Restaurant is proposed (SP-O0-O19) 38 Consider adoption of a resolution approving a Project Plan for 1 464 acres in a One- family dwelhng (SF-7) zomng district, commonly known as 2417 Bernard Street located approximately 90 feet south of the intersection of Parvln Street and Bernard Street An expansion of an existing church building is proposed (SP-O0-020, Templo Vtda Nueva) 39 Constder approval of a resolution approving a Project Plan for 11 688 acres in a Light Industrial (LI) zomng district, located at the southeast comer of K~mberly Lane and Karma Lane An office and call center for the Federal Emergency Management Agency (FEMA) is proposed (SP-O0-021, FEMA) 40 Consider adoption of an ordinance for an amendment to correct an inadvertent error in Ordinance 98-018, which is an ordinance zoning approximately 1 7 acres, located on the n~brth side of Colorado Boulevard east of San Jac~nto Boulevard, to a L~ght Industrial conditioned (LI(c)) zomng district Smd error being an inadvertent error in the descnptxon of the property being zoned (SI-01-003) 41 Consider adoption of an ordxnance authorizing the City Manager to execute a professional services agreement with the firm of HH Architects to provide professional services for the interior and exterior design of North Branch Library as well as management and inspection services during the construcUon phase as set forth in this contract, authorizing the expendtture of funds therefore, and providing an effective date 42 Consider adopUon of an ordinance authorizing the City Manager to execute an amendment to the commercial airport lease agreement between the City of Denton and Ezell Aviation Incorporated to allow for the authorization of conunerc~al, retail, or industrial business upon leased premises without formal written confirmation of the City Council, and prowdmg for an effecnve date C~ty of Denton City Council Agenda March 6, ~001 Page 7 43 Consider approval of a resolution authorizing the Steering Committee of Northwest Metro/M~d-Cltles Distribution System cities to retain legal counsel and rate case consultants, authorizing the reties to intervene in related dockets before the Texas Rmlroad Commission, and suspending the proposed tariff and schedule of rates of TXU Electric and Gas Company, adopting findings in the preamble, and providing an effective date 44 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Attorney to intervene on behalf of the City as a party in TNRCC Docket No 2000-1412- AIR (Martin Marietta Materials of Texas, Inc ), and providing an effective date 45 Consider nominating members to the Denton County Housing F~nance Corporation 46 Consider appointments to the Webs~te Task Force 47 Consider nominations/appointments to the City's Boards and Commissions 48 Items from the City Manager A Notfficatlon of upcoming meetings and/or conferences B Clarification of items on the agenda 49 Possible continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 50 Officml Action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act CERTIFICATE I certify that the above notice of me~tlng was posted on the bulletin board at the Cl, ty Hall of the Cltyof~n, Texas, on the ~day of )/~.10_[_ ,2001 at ~(~.~ o'clock CITY SEC~TARY NOTE THE CITY OF DENTON CITY CO~CIL CHAMBERS 1S ACCESSIBLE 1N ACCO~ANCE WITH THE AME~CANS WITH DISABILITIES ACT THE CITY WILL PROVIDE SIGN LANGUAGE INTE~RS FOR THE HEA~NG 1MPAI~D IF ~QUESTED AT LEAST 48 HOURS 1N ADVANCE OF THE SCHEDULED MEETING PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMM~ICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO T~T A SIGN LANGUAGE INTE~TER CAN BE SCHEDULED THROUGH THE CITY SEC~TARY'S OFFICE Agenda No ~..~ Agenda Item. . ~'?. , CITY OF DENTON CITY COUNCIL MINUTES February 2, 2001 The City of Denton City Council held a Special Called Meeting on Friday, February 2, 2001 at 9 00 a m in the Council Work Session Room PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Cochran, and Knstoferson ABSENT Council Members Durrance and Young 1 The Council received a report, held a discussion and gave staff direction regarding the draft Development Code, including the review of public comments, draft code policy issues, zoning map revision requests, and the options for providing additional notice for properties that would become legal, non-conforming land uses Doug Powell, Director of Planning and Development, stated that the Planning and Zoning Commission had held its first public hearing on January 23rd regarding the Development Code He indicated that the comments made by the participants in the public hearing were included in the agenda materials Council Member Durrance arrived at the meeting Council discussed various aspects of the proposed zoning map and made suggested changes EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 6, 2001 After determining that a quorum was present and convening in an Open Meeting, the City Councd convened in a Closed Meeting on Tuesday, February 6, 2001 at 5 00 p m in the City of Denton Council Work Session Room PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Cochran, Durrance, Knstoferson and Young ABSENT None 1 The Council considered the following in Closed Meeting A Deliberations Regarding Real Property --- Under TEXAS GOVERNMENT CODE Section 551 072 1 Received information from Staff, discussed, deliberated, considered, pertmmng to the location of, the purchase and purchase price of, the possible terms of sale, and value issues respecting the possible cumulative acquisition of tracts as follows 0 527 acre permanent easement and 0 407 temporary easement in the W Hudson Survey, Abstract No 586 (Parcel 9), 0 369 acre permanent easement & 0 312 acre temporary easement in the W Hudson Survey, Abstract No 586 (Parcel 10), 0 532 acre permanent easement & 0 425 temporary easement in the W Hudson Survey, Abstract No 586 (Parcel 11) all ~n Denton County, Texas, such tracts of land being situated along the north s~de of the Graveyard Branch Tributary, approximately 5,000 feet north east of the ~ntersectlon of U S Highway 377 & Crawford Road (Graveyard Branch Sanitary Sewer Project) B Personnel Matters - Under TEXAS GOVERNMENT CODE Section 551 074 1 Evaluation of Mumc~pal Judge 2 Evaluation of C~ty Attorney 3 Evaluation of City Manager Regular Meeting of the City of Denton City Council on Tuesday, February 6, 2001 at 6 00 p m in the Council Chambers at City Hall 1 Pledge of Allegiance The Councd and members of the audience recited the Pledge of Allegiance to the U S and Texas flags 2 The Council considered approval of the minutes of December 19, 2000, January 2, 2001, January 9, 2001, January 16, 2001, January 23, 2001, and January 24, 2001 Durrance motioned, Beasley seconded to approve the m~nutes as presented On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion carried unammously C~ty of D~nton C~ty Council M~nutes February 6, 2001 Page 2 PRESENTATION 3 Mayor Brock made a presentation of North Central Texas Councd of Governments Appreciation Award to Jack M~ller CITIZEN REPORTS 4 Jesse Martin regardtng mt~zen task force on safety Mr Martin stated that he was orgamzmg a task force on safety to alert the C~ty to safety ~ssues 5 Ross Melton regarding "the Constitution, zomng and re-zomng, and my usual dmtnbe concerning lawyers" Mr Melton felt that the zomng ~ssues before Councd were ~ncorrect ~n regards to the Development Plan He felt that the Councd was using tncorrect ~nformat~on as a bas~s for thetr decisions 6 Dale YeaRs regarding a proposed asphalt plant Ms Lurlene Mayo spoke for Mr Yeatts She ~ndlcated that the Ranch Estates neighborhood was m opposition to the braiding of an asphalt plant ~n the area Issues to consider were mr quahty, traffic on H~ghway 380, dechmng property values and a poor neighbor to the homes already ~n the area 7 Ed Soph regarding a proposed asphalt plant Mr Soph stated that he opposed to the proposed asphalt plant to be located on H~ghway 380 He felt that the process was reversed ~n that residents had to prove that such a plant was dangerous to neighborhoods rather than the plant hawng to prove that ~t was not harmful Such a plant would greatly add to the pollution ~n the area that Denton and Denton County could not afford CONSENT AGENDA Council Member Burroughs requested that Item #15 be pulled for separate consideration as he needed to abstmn from voting due to a potential conflict of interest Durrance motioned, Burroughs seconded to approve the Consent Agenda and accompanying ordinances and resolutions w~th the exception of Item #15 On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously 8 NO 2001-038 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY FOR LIBRARY SERVICES, AND PROVIDING AN EFFECTIVE DATE C~ty of Denton C~ty Council M~nutes February 6, 2001 Page 3 9 NO 2001-039 AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DENTON AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY REGION VI ("FEMA"), TO PROVIDE FOR ALTERNATE TRANSPORTATION IN THE EVENT FEMA'S PERMANENT FACILITY IS UNAVAILABLE IN AN EMERGENCY, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE 10 NO 2001-040 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TEAGUE, NALL AND PERKiNS, INC, FOR ENGINEERING AND SURVEYING SERVICES PERTAINING TO THE CONSTRUCTION OF THE MCCORMICK CHANNEL IMPROVEMENTS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE 11 NO 2001-041 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ALAN PLUMMER ASSOCIATES, INC, FOR ENGINEERING SERVICES PERTAINING TO THE ENGINEERING SCOPE OF WORK FOR PRELIMINARY AND DETAILED DESIGN FOR THE DENTON WASTEWATER UTILITY EFFLUENT LINE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE 12 NO 2001-042 AN ORDiNANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT, AND PROVIDING AN EFFECTIVE DATE 13 NO 2001-043 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT, AND PROVIDING AN EFFECTIVE DATE C~ty of Denton City Council Minutes February 6, 2001 Page 4 14 NO 2001-044 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF AUBREY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT, AND PROVIDING AN EFFECTIVE DATE 16 NO 2001-046 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR PAYMENTS BY THE CITY OF DENTON FOR OPERATION AND MAINTENANCE EXPENSES FOR THE PRESENT WATER SUPPLY AT RAY ROBERTS LAKE TO THE FINANCE AND ACCOUNTING BRANCH, USAED FORT WORTH, AND PROVIDING AN EFFECTIVE DATE (CHECK REQUEST DATED JANUARY 2,2001 IN THE AMOUNT OF $48,115 84) 17 NO 2001-047 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR TENANT BASED RENTAL ASSISTANCE PROGRAM FOR EMERGENCY FINANCIAL AID, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2619 - TENANT BASED RENTAL ASSISTANCE PROGRAM, AWARDED TO FAIRHAVEN RETIREMENT CENTER, IN THE AMOUNT OF $87,218) 18 NO 2001-048 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE DOWNTOWN IMPROVEMENT PROJECT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2625 - DOWNTOWN IMPROVEMENTS PROJECTS AWARDED TO TRI DAL LTD IN THE AMOUNT OF $695,625 55) 19 NO 2001-049 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON, AND PROVIDING AN EFFECTIVE DATE (PO 12417-TXU ELECTRIC TRANSMISSION DIVISION, PO 12134-AMERICAN ELECTRIC POWER CENTRAL & SOUTHWEST SERVICE, PO 12135-RELIANT ENERGY HL & P, PO 12136- LOWER COLORADO RIVER AUTHORITY, PO 12137-BRAZOS ELECTRIC POWER COOP, INC, PO 12138 AUSTIN ENERGY IN THE TOTAL AMOUNT OF $458,908 90) City of Denton City Council Minutes February 6, 2001 Page 5 20 NO 2001-050 CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ETTL ENGINEERS & CONSULTANTS INC FOR HYDROGEOLOG1CAL CONSULTING AND ANALYTICAL SERVICES PERTAINING TO THE CITY OF DENTON LANDFILL (MSW PERMIT NO 1590A), AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, PROVIDING FOR RETROACTIVE EFFECT OF AGREEMENT (PO 12551-ETTL ENGINEERS & CONSULTANTS, INC IN THE AMOUNT OF $43,202 37) 21 NO 2001-051 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A TRENCHER WITH TRAILER, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2609 -TRENCHERS AND TRAILERS (BID ITEM 1) IN THE AMOUNT OF $42,953) 22 NO 2001-052 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A 45' MATERIAL HANDLING DEVICE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2611 - 45' MATERIAL HANDLING DEVICE AWARDED TO DALLAS FREIGHTLINER IN THE AMOUNT OF $107,936 57) 23 NO 2001-053 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A 125 GALLON RUBBERIZED ASPHALT MELTER APPLICATOR, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2618 - 125 GALLON RUBBERIZED ASPHALT MELTER APPLICATOR AWARDED TO CRAFCO TEXAS, INC IN THE ESTIMATED ANNUAL AMOUNT OF $34,640) 24 NO 2001-054 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PRINTING OF LETTERHEAD, BUSINESS CARDS AND ENVELOPES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2621 - PRINTING OF LETTERHEAD, BUSINESS CARDS AND ENVELOPES AWARDED TO NU- ART PRINTING CO INC, IN THE ESTIMATED ANNUAL AMOUNT OF $60,000) City of De~aton Clty Councd Minutes February 6, 2001 Page 6 25 NO 2001-055 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FOUR SINGLE-PHASE STEP VOLTAGE RI~GULATORS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2623 - REGULATOR WITH COMMUNICATION READY-CONTROLS AWARDED TO LENT DELONEY, INC IN THE AMOUNT OF $26,200) 26 NO 2001-056 AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT RELATED TO ENCROACHMENT ON EASEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS MUNICIPAL POWER AGENCY ("TMPA") RELATING TO THE LOCATION OF A CITY SEWER PIPELINE WITHIN A TMPA ELECTRIC UTILITY EASEMENT LOCATED IN DENTON COUNTY, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE 27 NO 2001-057 AN ORDINANCE OF THE CITY OF DENTON APPROVING AN ENCROACHMENT ON EASEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND TXU ELECTRIC COMPANY, SUCCESSOR TO THE TEXAS POWER & LIGHT COMPANY ("TXU ELECTRIC") RELATING TO THE LOCATION OF A CITY SANITARY SEWER LINE WITHIN A TXU ELECTRIC UTILITY EASEMENT DESCRIBED IN THAT CERTAIN EASEMENT RECORDED IN VOLUME 559, PAGE 540 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS LOCATED IN DENTON COUNTY, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE 28 NO 2001-058 AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 5, 2001, AND, IF A RUNOFF ELECTION IS REQUIRED, ON JUNE 2, 2001, FOR THE PURPOSE OF ELECTING COUNCIL MEMBERS TO PLACES 1, 2, 3 AND 4 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS, PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION, ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED, MAKING ADDITIONAL PROVISIONS FOR THE CONDUCT THEREOF, PROVIDING AN OPEN MEETINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE City of Denton City Cotmcfl Minutes February 6, 2001 Page 7 PUBLIC HEARINGS 29 The Cotmml held a public heanng and considered adoption of an ordinance approwng a Zomng Plan, to rezone approximately 3 acres, from an Agricultural (A) zomng d~stnct to a Commercml (C) zoning d~stnct The subject property was located at the southeast comer ofi-35 E Service Road and Pockrus Page Road Commercial development was proposed The Planning and Zomng Commission recommended approval (5-1) w~th conditions (ZP-O0-O18) Doug Powell, Director of Planning and Development, stated that the property was currently zoned agnctfltural and was proposed for commercial development as a car dealership The Mayor opened the pubhc hearing The following lndlwduals spoke during the public hearing Don Anderson - favor Alice Pockrus, Hlnkle Drive, Demon, 76201 - favor Aleta Anderson, Fort Worth Drive, Denton - favor The Mayor closed the pubhc hearing The following ordinance was considered NO 2001-059 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMERCIAL (C) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 3 086 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF INTERSTATE 35 EAST SERVICE ROAD AND POCKRUS PAGE ROAD, PROVIDING A ZONING PLAN ENCOMPASSING 3086 ACRES, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (ZP-00-018) Young motioned, Beasley seconded to adopt the ordinance with the condition of preservatmn of the stance of trees as much as possthle w~th a m~mmum of clearing and grading that would be shown on the project plan plus the recommended Planning and Zomng Commission recommendations On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Krlstoferson"aye", Young "aye", and Mayor Brock "aye" Motion camed unammously ITEMS FOR INDIVIDUAL CONSIDERATION Item #15 was considered Council Member Burroughs left the meeting wxth a possible conflict of interest City of Denton City Council M~nutes February 6, 2001 Page 8 NO 2001-045 AN ORDINANCE CONSENTING TO THE PRIVATE SALE OF PROPERTY LOCATED AT JOHNSON STREET, DENTON COUNTY, TEXAS BY THE DENTON INDEPENDENT SCHOOL DISTRICT AS TRUSTEE FOR THE TAXING ENTITIES PURSUANT TO TEXAS PROPERTY CODE SECTION 34 05 FOR LESS THAN THE MARKET VALUE OR TOTAL AMOUNT OF JUDGMENTS AGAINST THE PROPERTY, AND PROVIDING AN EFFECTIVE DATE Knstoferson motioned, Young seconded to adopt the ordinance On roll vote, Beasley "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion carried unammously Council Member Burroughs returned to the meeting 30 The Council considered approval of a resolution of the City Council opposing the issuance of a Texas Natural Resource Conservation Commission Air Quahty Permit to Mart~n Marietta Materials of Texas, Inc for an asphalt/concrete plant at property located on Masch Branch Road, authorizing the Mayor to write a letter opposing the granting of an Air Quality Permit for such plant, and declaring an effective date The following individuals spoke regarding the issue Claire Marlott, Bruce Hall-UNT, Denton, 76203 - opposed to the budding of the plant Tommy Nail, 2284 West Oak, Denton, 76201 - opposed to the budding of the plant The following individuals submitted Speaker Cards on the ~ssue Matthew McKlbbe, 521 E Windsor, Denton, 76209 - opposed to the plant Andee Chamberlain, 823 West H~ckory, Denton, 76201 - opposed to the plant John Paul Eddy, 1320 Heather Lane, Denton, 76209 - opposed to the plant Tom and Juha Lehman, 1901 Wh~pporw~ll, Denton, 76201 - opposed to the plant Victoria Lee, 2513 Whispering Oaks, Denton, 76201 - opposed to the plant Bruce Berg, no address given - opposed to the plant Curt Lance, P O Box 308626, Denton, 76209 - opposed to the plant Austin Wflhams, UNT Box 304358, Denton, 76203 - opposed to the plant The following resolution was considered NO R2001-003 A RESOLUTION OF THE CITY COUNCIL OPPOSING THE ISSUANCE OF A TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AIR QUALITY PERMIT TO MARTIN MARIETTA MATERIALS OF TEXAS, INC FOR AN ASPHALT/CONCRETE PLANT AT PROPERTY LOCATED ON MASCH BRANCH ROAD, AUTHORIZING THE MAYOR TO WRITE A LETTER OPPOSING THE GRANTING OF AN AIR QUALITY PERMIT FOR SUCH PLANT, AND DECLARING AN EFFECTIVE DATE C~ty of Der~ton C~ty Council M~nutes February 6, 2001 Page 9 Cochran motioned, Burroughs seconded to approve the resolution On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion carried unammously 31 The Counml considered adoption of an ordinance authonztng the C~ty Manager to make apphcatlon to the Texas Department of Housing and Commumty Affmrs Emergency Shelter Grant Program and take all other actions necessary to obtmn a grant under the Emergency Shelter Grant Program, and prowdmg for an effective date Dan Leal, Human Services Coordinator, stated that approval of the ordinance would authorize apphcat~on for a grant program for several orgamzat~ons The following ordinance was considered NO 2001-060 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS EMERGENCY SHELTER GRANT PROGRAM AND TAKE ALL OTHER ACTIONS NECESSARY TO OBTAIN A GRANT UNDER THE EMERGENCY SHELTER GRANT PROGRAM, AND PROVIDING FOR AN EFFECTIVE DATE Cochran motioned, Young seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously 32 The Council considered approval of a resolution approwng the Ruehle Office ProJect Plan The subject property was located between Helm Street and Teasley Lane at 3490 Teasley Lane approximately 1,400 feet south of Bent Oaks Drive A dental office was proposed (SP- 00-18) The following resolnt~on was considered NO R2001-004 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN FOR THE RUEHLE OFFICE, BEING AN APPROXIMATE 0 904 ACRE SITE LOCATED BETWEEN HELM STREET AND TEASLEY LANE, AT 3490 TEASLEY APPROXIMATELY 1,400 FEET SOUTH OF BENT OAKS DRIVE, AND PROVIDING FOR AN EFFECTIVE DATE (SP-00-018, RUEHLE OFFICE) Knstoferson motioned, Young seconded to approve the resolution The following ~ndlwduals spoke regarding the proposal Allen Bussell, 1621 Amanda Court, Ponder, 76259 - favor City of Denton City Council Minutes February 6, 2001 Page 10 Jack Cox, 3624 Lake Country, Denton, 76210 -opposed Gene Price, 725 Chisholm, Denton, 76201 - spoke on another issue On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Krtstoferson"aye", Young "aye", and Mayor Brock "aye" Motion carried unanimously 33 The Council considered adoption of an ordinance authorizing the Mayor to execute an lnterlocal agreement with Denton County for road improvements, providing for the expenditure of funds therefor, and providing an effective date This item was not considered 34 The Counml cons~demd nominations/appointments to the City's Boards and Commissions Mayor Pro Tern Beasley nominated Jim Klrkpatrlck as an alternate to the Zoning Board of Adjustment Beasley motioned, Burroughs seconded to suspend the roles and vote on the nommatlon at this meeting On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Krlstoferson"aye", Young "aye", and Mayor Brock "aye" Motion carried unammously On roll vote on the nomination, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Krlstoferson"aye", Young "aye", and Mayor Brock "aye" Motion carried unanimously 35 New Business The following items of New Business were suggested by Council Members for future agendas A Mayor Brock suggested a work session item on the sale of used vehicles on private property B Mayor Pro Tem Beasley requested staff begin the annexation process for the property where the asphalt plant was proposed C Council Member Young suggested the formation of the citizen task fome to look at possible carnal profihng in the city 36 Items from the City Manager Mayor Brock indicated that a bond trip to New York might be near the end of March, 37 Mayor Brock announced that the earher Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act would continue 38 Them was no official Action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act C~ty of Denton City Counml M~nutes February 6, 2001 Page 11 W~th no further bus~ness, the meeting was adjourned meeting at 8 00 p rn JENNIFER WALTERS EULINE BROCK, MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 9, 2001 The City of Denton City Council held a Special Called Meeting on Friday, February 9, 2001 at 9 00 a m in the Council Work Session Room PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Cochran, Durrance, Knstoferson and Young ABSENT Mayor Pro Tem Beasley, Council Members Durrance and Young 1 The Council received a report, held a discussion and gave staff direction regarding the draft Development Code, including the review of public comments, draft code policy issues, zoning map revision requests, and the options for providing additional notice for properties that would become legal, non-conforming land uses Dottle Palumbo, Assistant City Attorney, reviewed a conflict of interest provision that would require Council to abstmn from voting on zoning issues that were within 200 feet from their residence or place of business, if they owned that property Doug Powell, Director of Planning and Development, stated that Council would be looking at planned developments at this session Staff had made the changes suggested by Council at the prior meeting Council discussed and made recommendations regarding zomng for planned developments Council Member Durrance joined the meeting Council Member Cochran left the meeting at 3 00 p m General consensus of the Council was to add this ~tem to the Work Session of February 13,2001 Council Member Durrance suggested that the Council go over Section 35 12 at the next session With no further business, the meeting was adjourned at 4 05 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES FEBRUARY 12, 2001 The Council convened into a Work Session on Monday, February 12, 2001 at 12 10 p m in the City of Denton Work Session Room of City Hall located at 215 E McKlnney PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Durrance, and Krlstoferson ABSENT Council Members Cochran and Young I The City Council held a discussion and continued development of a strategy regarding City of Denton City Council leadership strengths and relationships necessary for building the future of the City, including without limitation, relationships between the City Council and staff, decorum, and the role of the Mayor and individual Council Members The Council continued their earlier discussions of leadership responslbdmes The Council requested the City Manager provide them some information that would be helpful in making good policy decisions The requests included information regarding clarification of some development activity on Fort Worth Drive, city zoning maps, possible dates for the annual planning session, and information regarding the annual bond-rating trip to New York Council Member Durrance departed at 1 10 p m With no further business, the meeting was adjourned at 1 20 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS BETTY WILLIAMS DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 13, 2001 After determining that a quorum was present and convening In an Open Meeting, the City Councd convened in a Closed Meeting of the City of Denton City Council on Tuesday, February 13, 2001 at 5 15 p m in the City of Denton Council Work Session Room PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Cochran, Durrance, Knstoferson and Young ABSENT None The Council considered the following in Closed Meeting A Deliberations Regarding Real Property --- Under TEXAS GOVERNMENT CODE Section 551 072 (1) The Council received information from Staff, discussed and deliberated concerning the possible purchase of real property containing approximately 40 acres for a community park located on Ryan Road approximately one half mile west of Teasley in the City of Denton (2) The Council received information from Staff, discussed and deliberated concerning possible options for the purchase of real property for park and transportation purposes with respect to Hickory Creek Road realignment alternatives Work Session of the City of Denton City Council on Tuesday, February 13, 2001 at 6 18 p m in the Council Work Session Room in City Hall 2 The Council received a report and gave staff direction regarding the FY 2001-2002 Budget Calendar Anna Mosqueda, Director of Management and Budget, presented the budget calendar She stated that March 1 was the target date for returning the Budget Priority Questionnmre to staff Friday, August 3, 2001 has been targeted for the City Council budget workshop August 10 has been reserved as an extra day for City Council budget deliberations if needed August 28 would be the public hearing on the tax rate and the budget Final adoption of the budget was scheduled for September 4 Council Member Durrance asked that the August 10 date be scheduled as a budget workshop and not be a tentative date 1 The Council received a report and held a discussion on the City of Denton Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 2000 Kathy DuBose, Assistant City Manager of Fiscal and Municipal Services, introduced Terry Kyle of Deloitte and Touche Kyle presented the Comprehensive Annual Financial Report, Report to Management, and Single Audit Reports for the year ended September 30, 2000 He stated that the Audit Committee had unanimously approved these reports City of Denton City Council Minutes February 13, 2001 Page 2 DuBose briefly reviewed the Comprehensive Annual Financial Report She pointed out the Combined Balance Sheet for all fund types and account groups and stated that the Excess of Revenues for the fiscal year ended with over $1,000,000 She reviewed the Utility System Funds--electric, water, and wastewater She also reviewed the Solid Waste Fund 3 The Council received a report and gave staff direction regarding the potential rezomng of 1808 N Elm from a General Retail (GR) zomng district to a Planned Development (PD) zoning district (S1-01-002) Doug Powell, Director of Planning and Development, stated that the property was currently zoned as Planned Development The property owners wanted to convert the existing structures for residential purposes, but still malntmn the potential for future office uses A Planned Development was the only zoning district that would allow m~xed uses to exist on the same property Staff recommended a zoning change be ~mtlated for the propertY Consensus of the Council was to follow staff recommendation 4 The Council received a report, held a discussion and gave staff &rectlon regarding the draft Development Code, ~ncludmg the review of public comments, draft code policy issues, zomng map revision requests, and the options for providing add~tional not~ce for properties that would become legal, non-conforming land uses Doug Powell, Director of Planning and Development, presented the Council w~th a memo regarding non-conforming industrial uses He stated that several areas of the mty contmned hght industrial uses and would be impacted by the draft Development Code and Zoning Map He stated that if these areas were left with the proposed zoning, most would be non-conforming uses under the new Development Code The Council reviewed issues identified by the Chamber's Development Code Sub-Committee 5 There was no official action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act W~th no further business, the meeting was adjourned at 9 15 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 19, 2001 The C~ty of Denton C~ty Council held a Special Called Meeting on Monday, February 19, 2001 at 4 30 p m ~n the Councd Work Session Room at C~ty Hall PRESENT Mayor Brock, Mayor Pro Tern Beasley, Counml Members Burroughs, Durrance, and Knstoferson ABSENT Councd Members Cochran and Young 1 The Counml received a report, held a d~scuss~on and gave staff d~rect~on regarding the draft Development Code, ~nclud~ng the rewew of pubhc comments, draft code pohcy ~ssues, zoning map revision requests, and the opnons for providing add~txonal notme for properties that would become legal, non-conforming land uses Councd discussed procedures for the upcoming pubhc heanng on the Development Code It was determined that speakers dunng the pubhc hearing would have three minutes to speak and staff would announce the order of speakers Council would receive the comments from the speakers and try to hold comments for a later date Speakers representing a group of ~nd~v~duals would be g~ven a few extra m~nutes based on their presentations An additional Council meeting would be scheduled for March 2nd Cotmcd reviewed the pohcy ~ssues as proposed by the Chamber of Commerce, other ~ssues posed by the Planning staff, and a review of permitted uses ~n each zoning category W~th no further bus~ness, the meeting was adjourned at 8 20 P M EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 20, 2001 After determ~mng that a quorum was present and convemng ~n an Open Meeting, the C~ty Councd convened ~n a Closed Meeting on Tuesday, February 20 2001 at 5 15 p m in the Work Session Room PRESENT Mayor Brock, Mayor Pro Tern Beasley, Counml Members Burroughs, Cochran, Durrance, Knstoferson and Young ABSENT None 1 The Council considered the following in Closed Meeting A Deliberations Regarding Certain Public Power Ut~htles Competitive Matters --- Under TEX GOV'T CODE Section 551 086 ** Deliberations Concerning Real Property --- Under TEX (3OV'T CODE Section 551 072 (1) Received confidential competlt~ve electric utlbty information from Staff and the City's outside consultants, d~scussed, dehberated, considered, provided Staff with direction, voted, and took action as necessary respecting the valuation of, and the possible sale, transfer, assignment, or other divestiture of real property pertaining to the C~ty of Denton's electric utthty system, including, without hm~tatlon the G~bbons Creek generation facthty located in CJrlmes County, Texas, the Spencer generation facd~ty located on Spencer Road in Denton County, Texas, the two hydroelectric faclht~es located in Denton County, Texas, and other components of the City's electric generation assets B Dehberat~ons Regarding Certain Public Power Utlhtles Competitive Matters --- Under TEX GOV'T CODE Section 551 086 ** (1) Received a presentation and ~nformatmn from Staff respectxng ~ssues relating to Denton Mumc~pal Electnc's (DME) deregulation market plan, and discussed, dehberated, considered, and prowded Staff with direction respecting such issues C Deliberations Regarding Real Property --- Under TEXAS GOVERNMENT CODE Section 551 072 and receipt of legal adwce from the C~ty Attorney under TEXAS GOVERNMENT CODE section 551 071 (1) Received information from Staff, d~scussed and deliberated concerning the value of real property at 1036 Reed Street in the City of Denton owned by the City of Denton Receipt of legal advice from the C~ty Attorney or an Assistant City Attorney on legal matters pertaining to the sale of smd real property for low to moderate-Income housing D Personnel Matters - Under TEXAS GOVERNMENT CODE Section 551 074 (1) Continued evaluation including compensation of Municipal Judge (2) Continued evaluation Including compensation of C~ty Attorney (3) Continued evaluation including compensation of City Manager City of Denton C~ty Council M~nutes February 20, 2001 Page 2 Regular Meeting of the City of Denton City Council on Tuesday, February 20, 2001 at 6 00 p m in the Council Chambers 1 Pledge of Allegiance The Council and members of the audience mc~ted the Pledge of Allegiance to the U S and Texas flags PROCLAMATIONS/PRESENTATIONS 2 February Yard of the Month Awards Mayor Brock presented the Yard of the Month Awards to Mona and Jim Alexander Jerry and VlVlan Romlne Effie McQueen Stephen and Amy Shepherd Mlckey Wheatley Norma Carrell Ben E Kelth Beers CITIZEN REPORTS 3 Ed Soph regarding recent spraying of herbicide in city parks Mr Soph stated his wife had suffered s~de effects from herbicide spraying after walking through Avondale Park after it had been sprayed for broad weed control He felt the weed control could be done w~th other alternatives He requested a moratorium on spraying of weeds in the parks until safe alternatives could be determined for weed control 4 Gary Taylor regarding the two-hour parking limit on the square Mr Taylor stated that employees in h~s office were receiving parking tickets for vmlatlon of the two hour parking restrlct~ons on the Square He asked for some sort of rehef for the parking restrictions on the Square as It was an inconvenience to have to move their cars every two hours He lndmated that the County employees working in the Courthouse experienced the same problems 5 Ross Melton regarding lawyers and code enforcement Mr Melton stated that he was stall trying to find out who was ~n charge of Code Enforcement, what were the defimt~ons of weeds and trash and what were the procedures used for code enforcement C~ty of Denton City Council Minutes February 20, 2001 Page 3 6 John Ryan regarding City of Denton transportation and SPAN Mr Ryan stated that the present service was unreliable and had difficult access to Dlal-A-R~de His wife would have to call two hours ahead before getting the Dml-A-Rlde service The bus stops keep changing further and further from their home that made it extremely difficult for them He presented Council with an alternate route that would better serve his area of the city 7 Carol Ryan regarding City of Denton transportation and SPAN Ms Ryan stated that she had a visual handicap and could not drive She had to rely on others for her transportation The bus stop had been changed and she now needed to use the Dial-A-Ride serwce that took away from her independence as she had to make prior arrangements for the ride CONSENT AGENDA Council Member Cochran asked to pull Items # 15, #17, # 18, #20 and #30 Council Member Young asked to pull Items #30 and 31 Beasley motioned, Burroughs seconded to approve the Consent Agenda and accompanying ordinances with the exception of Items # 15, #17, # 18, #20, #30 and #31 On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motion camed unammously 8 Approved a tax refund to James N John in the amount of $700 26 The 2000 property tax was paid twice 9 Approved a tax refund to Pascal & Samantha Zaklama ~n the amount of $817 62 The 2000 property tax was paid twice 10 Approved a tax refund to Robert Moses in the amount of $5,714 91 Mr Moses erroneously prod his Denton County taxes to the City of Denton 11 NO 2001-061 AN ORDINANCE ACCEPTING SEALED COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE SERVICES OF A THIRD PARTY ADMINISTRATION FOR WORKERS COMPENSATION FOR THE CITY OF DENTON, PROVIDING FOR THE EXPENDITURE OF FLrNDS THEREFORE AND PROVIDING AN EFFECTIVE DATE (RFSP 2624 - WORKERS COMPENSATION THIRD PARTY ADMINISTRATION AWARDED TO CCS CONSULTING, LP IN THE AMOUNT OF $108,650 OVER A 3-YEAR TIME PERIOD) 12 NO 2001-062 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE C~ty of Denton C~ty Councd Minutes February 20, 2001 Page 4 HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION OF THREE RIDING MOWERS BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (FILE 2648 INTERLOCAL AGREEMENT - PURCHASE ORDER 12566 TO H-GAC IN THE AMOUNT OF $91,989 88) 13 NO 2001-063 AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF CEDAR HILL AND AWARDING A CONTRACT FOR THE PURCHASE OF TWO TYPE I AMBULANCES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (FILE 2634 - INTERLOCAL AGREEMENT FOR AMBULANCES WITH CITY OF CEDAR HILL, CONTRACT AWARDED TO FRAZER, INC DBA JACK ROACH FORD IN THE AMOUNT OF $157,600) 14 NO 2001-064 AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH DENTON COUNTY AND AWARDING A CONTRACT FOR THE PURCHASE OF OFFICE FURNITURE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (FILE 2653 - INTERLOCAL AGREEMENT FOR FURNITURE WITH DENTON COUNTY, CONTRACT AWARDED TO MCKINNEY OFFICE SUPPLY IN THE AMOUNT OF $137,795 24) 16 NO 2001-066 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DELOITTE AND TOUCHE LLP FOR GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENT NO 34 (GASB 34 IMPLEMENTATION), AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PO 12575 - DELOITTE & TOUCHE LLP IN THE AMOUNT OF $39,400) 19 NO 2001-069 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF CARPET FOR CITY HALL EAST, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2631 - CARPET, ACCESSORIES AND INSTALLATION AWARDED TO CARPET ONE/FLOORS COMMERCIAL IN THE AMOUNT OF $22,200) C~ty of Denton C~ty Council M~nutes February 20, 2001 Page 5 21 NO 2001--71 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A 3 YEAR CONTRACT FOR THE PURCHASE OF 69 AND 138 KVA CIRCUIT BREAKERS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2638 - 69 KVA AND 138 KVA CIRCUIT BREAKERS AWARDED TO SIEMENS POWER TRANSMISSION DISTRIBUTION, INC, IN AN AMOUNT OF $243,150 00) 22 NO 2001-072 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF PUBLIC SAFETY SYSTEM UPGRADE - ANCILLARY SOFTWARE WHICH IS 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 12576 TO THE OMEGA GROUP IN THE AMOUNT OF $36,920 FOR PUBLIC SAFETY SYSTEM UPGRADE SOFTWARE) 23 NO 2001-073 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF BINDVIEW NETWORK MANAGEMENT SECURITY ANALYSIS AND ADMINISTRATION SOFTWARE AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 12573 TO BINDVIEW IN THE AMOUNT OF $32,957) 24 NO 2001-074 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF CISCO SYSTEMS CATALYST 3548 AND CATALYST 5,000 HARDWARE AND SOFTWARE AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 12577 TO INNOVATIVE TECHNOLOGY SOLUTIONS IN THE AMOUNT OF $40,535 15) 25 NO 2001-075 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF PUBLIC SAFETY SYSTEM UPGRADE SERVERS AND WORKSTATIONS AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND C~ty of Demon C~ty Council Minutes February 20, 2001 Page 6 PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 12578 TO DELL IN THE AMOUNT OF $279,879) 26 NO 2001-076 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A SOFTWARE LICENSING AGREEMENT AND RELATED AGREEMENTS BETWEEN THE CITY OF DENTON, TEXAS AND SPINDLEMEDIA, INC, A QUALIFIED INFORMATION SYSTEMS VENDOR ("QISV") OF THE STATE OF TEXAS FOR TAX SOFTWARE AND RELATED SERVICES, AUTHORIZING THE EXPENDITURE OF FUNDS, AND PROVIDING FOR AN EFFECTIVE DATE (PURCHASE ORDER 12583 TO SPINDLEMEDIA, INC IN THE AMOUNT OF $117,708) 27 NO 2001-077 AN ORDINANCE AWARDING A 60 MONTH CONTRACT FOR THE LEASE OF A XEROX 2060 DIGITAL PRESS AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 13131 TO XEROX CORPORATION (FILE 2654) IN THE AMOUNT OF $70,68522 FOR THE FIRST OF 10 SEMI-ANNUAL PAYMENTS THE TOTAL 60-MONTH LEASE AGREEMENT COST IS $706,852 20 PLUS $ 0731 PER COLOR COPY AND $ 0307 PER BLACK AND WHITE COPY FOR EACH COPY OVER 60,000 PER MONTH) 28 NO 2001-078 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF THIRTEEN (13) REFUSE TRUCKS AND ONE (1) HEAVY DUTY CAB/CHASSIS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2600 - REFUSE TRUCKS AND HEAVY DUTY CAB/CHASSIS AWARDED IN THE TOTAL AMOUNT $1,720,320) 29 NO 2001-079 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MONTGOMERY WATSON AMERICA, INC FOR ENGINEERING SERVICES PERTAINING TO THE CONFIGURATION AND INSTALLATION OF SOFTWARE APPLICATIONS FOR THE CITY OF DENTON LAKE RAY ROBERTS WATER TREATMENT PLANT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE C~ty of Denton C~ty Councd M~nutes Febmary 20, 2001 Page 7 32 NO 2001-081 AN ORDINANCE APPROVING AN AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND MPM ENTERPRISES FOR USE OF A PORTION OF THE DENTON MUNICIPAL AIRPORT FOR COMMERCIAL HANGARJOFFICE AND RELATED SERVICES, AND PROVIDING FOR AN EFFECTIVE DATE 33 NO 2001-082 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A WHOLESALE WASTEWATER TREATMENT SERVICES CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND THE CITY OF ARGYLE, TEXAS WHEREIN DENTON AGREES TO PROVIDE WHOLESALE WASTEWATER TREATMENT SERVICES TO ARGYLE, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE 34 NO 2001-083 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE CITY OF ARGYLE, TEXAS PERTAINING TO THE CONSTRUCTION, INSTALLATION, AND COST PARTICIPATION OF THE GRAVEYARD BRANCH GRAVITY FLOW WASTEWATER MAIN, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE 35 NO 2001-084 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH R J COVINGTON CONSULTING AND APPROVING TASK ORDER NO 01-A RESPECTING THE TRANSMISSION COST OF SERVICE FILING DEALING WITH DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, PROVIDING AN EFFECTIVE DATE 36 NO 2001-085 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW OFFICES OF JIM BOYLE, PLLC FOR SERVICES PERTAINING TO THE SINGLE CERTIFICATION SUIT RELATING TO DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, PROVIDING FOR RETROACTIVE APPROVAL OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE C~ty of Denton City Council Minutes Febmary 20, 2001 Page 8 37 NO 2001-086 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH DICKSTEIN, SHAPIRO, MORIN & OSHINSKY FOR LEGAL SERVICES PERTAINING TO REPRESENTATION OF THE CITY RESPECTING THE DIVESTITURE ACTIVITIES OF DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE 38 NO 2001-087 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 532 ACRE TRACT OR PARCEL OF LAND FOR SANITARY SEWER EASEMENT PURPOSES AND AN APPROXIMATE 0 425 ACRE TRACT OR PARCEL OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT PURPOSES, BOTH BEING PART OF LOTS I & 2, BLOCK A OF THE REDGATE PECAN ESTATES ADDITION, AN ADDITION TO THE CITY OF DENTON SAID PROPERTY BEING LOCATED IN W HUDSON SURVEY, ABSTRACT NO 586, DENTON COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR JUST COMPENSATION 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 SANITARY SEWER FACILITIES AND INSTALLATION, DECLARING AN EFFECTIVE DATE (GRAVEYARD BRANCH SANITARY SEWER) 39 NO 2001-088 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 369 ACRE TRACT OR PARCEL OF LAND FOR SANITARY SEWER EASEMENT PURPOSES AND AN APPROXIMATE 0 312 ACRE TRACT OR PARCEL OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT PURPOSES, BOTH BEING PART OF LOT 3, BLOCK A OF THE REDGATE PECAN ESTATES ADDITION, AN ADDITION TO THE CITY OF DENTON SAID PROPERTY BEING LOCATED IN W HUDSON SURVEY, ABSTRACT NO 586, DENTON COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR JUST COMPENSATION 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 SANITARY SEWER FACILITIES AND INSTALLATION, DECLARING AN EFFECTIVE DATE (GRAVEYARD BRANCH SANITARY SEWER) City of Denton City Council M~nutes February 20, 2001 Page 9 40 NO 2001-089 AN ORDINANCE APPROVING THE PURCHASE OF A 0 527 ACRE SANITARY SEWER EASEMENT AND A 0407 ACRE TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF DENTON AND DOYLE THOMPSON, JR, INDIVIDUALLY AND AS TRUSTEE FOR JOYCE THOMPSON, JAMES DOYLE THOMPSON, BRIAN THOMPSON AND PAMELA KAY WALKER, EASEMENTS LOCATED IN THE W HUDSON SURVEY, ABSTRACT NO 586, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (GRAVEYARD BRANCH SANITARY SEWER) PUBLIC HEARINGS 41 A The Council considered approval of the second reading of an annexation ordinance of the City of Denton, Texas, whmh was amended on January 9, 2001, and was pubhshed on January 20, 2001 and which passed on first reading on November 28, 2000 and was published on December 8, 2000 to annex two tracts of land, comprising 672 acres, Tract One being located on the on the southwestern s~de of the C~ty of Denton's extraterntorlal jurisdiction east of U S Highway 377, south of Regency Court on each side of Country Club Road, west of Montec~to along Ryan Road and mostly north of Brush Creek Road, and Tract Two being located west of Montecito, south of E1 Paseo and east of Santa Momca, and provldmg an effective date (A-IOI) NOTE THIS ITEM WAS NOT A PUBLIC HEARING Dave Hill, Assistant City Manager for Development Services, indicated that the prowsion to pubhsh the caption twice m the newspaper should be deleted from the ordinance The parcels that were included ~n the annexation were 4-8, 13-72, 77, 79, 81-87, 91-96, 98 and 100 The following ordinance was considered NO 2001-090 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING TWO TRACTS OF LAND, COMPRISING APPROXIMATELY 672 ACRES TRACT ONE IS LOCATED ON THE SOUTHWESTERN SIDE OF THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION EAST OF U S HIGHWAY 377, SOUTH OF REGENCY COURT ON EACH SIDE OF COUNTRY CLUB ROAD, WEST OF MONTECITO ALONG RYAN ROAD AND MOSTLY NORTH OF BRUSH CREEK ROAD AND TRACT TWO IS LOCATED WEST OF MONTECITO, SOUTH OF EL PASEO AND EAST OF SANTA MONICA, PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE (A-101) Beasley motioned, Burroughs seconded to adopt the ordinance with the deletion of the requirement to publish the ordinance caption m the newspaper On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "nay", and Mayor Brock "aye" Motion carried w~th a 6-1 vote B The Council held a pubhc hearing and considered adoption of an ordinance regarding the request to zone two tracts contmnmg approximately 672 acres of land proposed to City of D~nton C~ty Council M~nutes February 20, 2001 Page 10 be annexed ~nto the City Limits (A-101 Ryan Road/Country Club Road Annexatmn) to be Agricultural (A) zomng district The intent was to establish a restrictive zomng district on newly annexed property The Planning and Zonmg Commission recommended approval (5-0) (Z-00- 020, Ryan Road/Country Club Road) Dave Hill, Assistant City Manager for Development Services, stated that the properties would be zoned agriculture The Mayor opened the pubhc hearing No one spoke dunng the public hearing The Mayor closed the pubhc heanng The following ordinance was considered NO 2001-091 AN ORDiNANCE OF THE CITY OF DENTON, TEXAS, ZONING TWO TRACTS OF LAND, COMPRISING APPROXIMATELY 672 ACRES IN THE CITY OF DENTON TO THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION, TRACT ONE BEING LOCATED EAST OF U S H1GHWAY 377, SOUTH OF REGENCY COURT ON EACH SIDE OF COUNTRY CLUB ROAD, WEST OF MONTECITO ALONG RYAN ROAD AND MOSTLY NORTH OF BRUSH CREEK ROAD AND TRACT TWO BEING LOCATED WEST OF MONTECITO, SOUTH OF EL PASEO AND EAST OF SANTA MONICA, PROVIDING A PENALTY CLAUSE AND AN EFFECTIVE DATE (Z-00-020) Knstoferson motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Morton carried unammously 42 A The Council considered approval of the second reading of an annexation ordinance of the City of Denton, Texas, which was amended on January 9, 2001, and was pubhshed on January 20, 2001 and which passed on first reading on November 28, 2000 and was published on December 8, 2000 to annex two tracts of land comprising 534 acres, Tract One being located east of Interstate H~ghway 35 West and west of the Kansas City Southern Railway, extending south along Bonme Brae approximately 6,400 feet north of U S H~ghway 377, and Tract Two being located northeast of the intersection of Corbin and Bonnie Brae, and prow&ng an effective date (.4.102) NOTE THIS ITEM WAS NOT A PUBLIC HEARING Dave Hill, Assistant C~ty Manager for Development Services, stated that the provision for the pubhshmg of the ordinance caption needed to be deleted from the ordinance The parcels lncludedlm the annexation were 1-12, 17, 21-27, and 29 The following ordinance was considered City of Denton City Council Minutes February 20, 2001 Page 11 NO 2001-092 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING TWO TRACTS OF LAND COMPRISING APPROXIMATELY 534 ACRES IN THE SOUTHWESTERN SIDE OF THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION TRACT TWO IS LOCATED EAST OF INTERSTATE HIGHWAY 35 WEST AND WEST OF THE KANSAS CITY SOUTHERN RAILWAY COMPANY, EXTENDING SOUTH ALONG BONNIE BRAE APPROXIMATELY 6,400 FEET NORTH OF U S HIGHWAY 377 TRACT 3 IS LOCATED NORTHEAST OF THE INTERSECTION OF CORBIN AND BONNIE BRAE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE (A-102) Beasley motioned, Young seconded to adopt the ordinance with the removal of the provision to publish the ordinance caption in the newspaper On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Krlstoferson "aye", Young "nay", and Mayor Brock "aye" Motion carried with a 6-1 vote B The Council held a public hearing and considered adoption of an ordinance regarding the request to zone two tracts containing approximately 534 acres of land proposed to be annexed Into the City Limits (A-102 US 377/I-35W Annexation) to be Agricultural (A) zoning district The intent was to establish a restrictive zoning district on newly annexed property The Planning and Zoning Commission recommended approval (5-0) (Z-O0-021, US 377/I-35~V) The Mayor opened the public hearing No one spoke dunng the public hearing The Mayor closed the public heanng The following ordinance was considered NO 2001-093 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING TWO TRACTS OF LAND COMPRISING APPROXIMATELY 534 ACRES IN THE CITY OF DENTON, TRACT TWO IS LOCATED EAST OF INTERSTATE HIGHWAY 35 WEST AND WEST OF THE KANSAS CITY SOUTHERN RAILWAY COMPANY, EXTENDING SOUTH ALONG BONNIE BRAE APPROXIMATELY 6,400 FEET NORTH OF U S HIGHWAY 377 TRACT 3 IS LOCATED NORTHEAST OF THE INTERSECTION OF CORBIN AND BONNIE BRAE, PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE (Z-00-021) Kristoferson motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously City of D~nton C~ty Cotmcd M~nutes February 20, 2001 Page 12 43 The Council held a pubhc hearing and considered adoptmn of an ordinance approving a Detailed Plan, to rezone 0 22 acre commonly known as 1723 Scripture Street located at the southwest comer of Scripture Street and Jagoe Street from Office (O) zoning district to Planned Development (PD) zoning district A 6-umt multi-family complex was proposed The Planning and Zoning Commiss~on recommended approval (3-2) with cond~tmns (Z-O0-OI8, Scrtpture Apartments) Doug Powell, Director of Planning and Development, stated that the Planning and Zoning Commission recommended approval with 4 conditions The proposed used was for a six unit multl-famdy complex The Mayor opened the public hearing The following lnd~wduals spoke dunng the pubhc hearing M~ke Kevhn, Oak Street, Denton, 76201 -favor Shaureece Davis, 418 Marietta, Denton, 76201 - opposed Wdham Darby, 2208 Crestmeadow, Denton, 76207 - opposed The Mayor closed the public hearing Knstoferson motioned, Cochran seconded to deny the proposal On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "nay", and Mayor Brock"aye" Mot~oncarnedwltha6-1 vote 44 The Council held the first of two scheduled public hearings to hear commems regarding the City of Denton Draft Development Code and zoning map Durrance motioned, Burroughs seconded to suspend the rules and hmlt speaker t~me to three minutes per person On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson"nay", Young "nay", and Mayor Brock "aye" Motmn carried with a 5-2 vote The Mayor opened the public hearing The following lnd~wduals spoke during the pubhc heanng David Platt, 2321 Ft Worth Drive, Denton, 76205 Rene Cassar, 2212 Fort Worth Drive, Denton, 76205 Murry Pricks, 2911 Montemto, Denton, 76205 Edwin Fulton, 1404 Fort Worth Drive, Denton, 76205 Gene Lackey, 1513 Forth Worth Drive, Denton, 76205 Harland D~xson, 220 E Darnels, Denton, 76205 Tom Farlow, 1715 Fort Worth Drive, Denton, 76205 Ken Hulstem, 3923 Country Club Road, Demon, 76210 Zeke Martin, 2700 James Street, Denton, 76205 Mary Brower, 3205 Meredith Lane, Denton, 76210 Mike Montgomery, 2304 Caddo Circle, Demon, 76205 Bob K~ssam, 2221 Loon Lake Road, Denton, 76210 C~ty of De~aton C~ty Councd M~nutes February 20, 2001 Page l 3 Colette Yetka, 2520 Champlain Lane, Denton, 76210 Jeff Johnson, 2308 Caddo C~rcle, Denton, 76210 Gopal, 2608 Loon Lake Road, Demon, 76210 Jeff Hmkenbottom, 2300 Caddo C~rcle, Denton, 76210 Dmk and Ann Kelsey, 206 R~dgecrest, Denton, 76205 Joyce Poole, 3021 North Bonnie Brae, Denton, 76207 Wllma Haggard, 1900 S Mayh~ll Road, Denton, 76208 Manlyn Haggard, 5300 Whiting Way, Denton, 76208 Darlene Munger, 1111 Bohvar Street, Denton, 76201 Allen Bussell, 1114 Peak Street, Denton, 76201 Weldon Burgoon, 6562 Gnssom Road, Demon, 76208 M~ke Ball, 513 Mare Street, Fort Worth, 76102 Brian Mornson, 305 Mounts, Denton, 76201 Kay Wdk~nson, 1825 North Tnmty, Demon, 76208 M L Wilkinson, 1825 North Tnmty, Denton, 76208 Virginia Jackson, 506 N Charles, Lew~swlle, 75057 Dave Neal, 1101 Buena V~sta, Denton, 76210 J F Plangman, 3300 W Umvers~ty, Demon, 76207 W J Roddy, 4119 R~dge Lane, Denton, 76208 Bob Stoffels, 9603 White Rock Trml, Denton, 75238 Dorothy Minter, 819 Newton, Denton, 76205 Ed Wolski, 2436 I35E, Denton Stephen Vmk, 214 Buckingham, Denton, 76209 Khosrow Sadeghmn, P O Box 2451, Coppell, 75019 T~m House, 240 McMak~n, Double Oak, 75022 R Eric Fullerton, 301 S North Bonme Brae, Demon, 76207 Don White, 2105 Savannah Trail, Denton, 76205 Gene Price, 725 Chisholm, Denton, 76209 The following md~wduals submitted Comment Cards Kyle Kdgore, 1407 Bernard, Denton, 76201 Joneen and Melwn Hmsler, 4500 N Locust, Denton, 76207 Rusty Russell, 521 Acme, Denton, 76205 Bert~la and Roland Lug~nbyhl, 4728 E Umvers~ty, Denton, 76208 Patt~ Marley, 913 Kdkenny Court, Demon, 76210 Danny Castflle, 3939 Teasley Lane, Denton, 76210 Ross Melton, no address g~ven Wayne Work, 2321 Fort Worth Drive, Denton, 76201 Don Rodde, 4119 R~dge Lane, Demon, 76210 Barbara Haggard Holeman, Rt, 1, Box 14, Montague, 76251 Carol and Ed Bounds, 204 Sharon Rose, Denton, 76210 Cary Edmondson, 1315 Fort Worth Drive, Denton, 76205 Shirley, 1200 Courhng Road, Sanger, 76266 Mohammad, Hashem~, 2305 Fort Worth Drive, Denton, 76205 Mason Haggard, 3831 R~dgemont, Demon, 76210 Kent Cargde, 2509 Loon Lake Road, Denton, 76210 G~sele Cassar, 2212-163 Fort Worth Drive, Denton, 76205 C~ty of Denton C~ty Councd M~nutes Febmary 20, 2001 Page 14 Andee Chamberlmn, 823 W Hmkory, Denton, 76201 Brad Robason, James Street, Denton, 76201 Rod Wyhe, 1706 Manchester Way, Connth, 76210 E Parks and Delores Olmon, 4401 E Umvers~ty, Denton, 76208 Dan~elle P~erce, 2121 Stella Street, # 16, Denton, 76201 Jesse Mart~n, 1407 Bernard, Denton, 76201 The Mayor closed the pubhc heanng ITEMS FOR INDIVIDUAL CONSIDERATION The Counml considered ~tems pulled from the Consent Agenda Item #30 was considered 30 The Council considered an ordtnance of the C~ty of Denton, Texas amending Artmle II of Chapter 16 of the Code of Or&nances relating to junk dealers and dealers ~n secondhand merchandise, changing the t~tle of Article II m Dealers ~n Secondhand Merchandise, reqmnng the purchaser of certmn regulated property to mmntmn records ~dentffy~ng the authorized vendor and records ~dent~fy~ng the seller ~f the seller ~s not the manufacturer or authorized vendor, prowd~ng for a penalty not to exceed $500 00, prowd~ng for a severabday clause, prowdtng for a sawngs clause, and prowd~ng an effective date Floyd Hensley, 106 N Locust, Denton, 76201 spoke regarding the tssue After d~scuss~on, Burroughs motioned, Young seconded to table the ~tem to allow for further examination of the ordinance w~th ~nterested part~es On roll vote, Beasley "aye", Burroughs aye , Cochran aye , Durrance aye , Knstoferson aye , Young "aye", and Mayor Brock "aye" MoUon camed unammously Item # 15 was considered 15 NO 2001-065 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH THE FIRM OF HELLMUTH, OBATA 8,: KASSABAUM, INC (HOK) TO PROVIDE PROFESSIONAL SERVICES FOR THE DEVELOPMENT OF A CITY OF DENTON FACILITIES MASTER PLAN AS SET FORTH IN THIS CONTRACT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PSA 2575 - CITY OF DENTON FACILITIES MASTER PLAN AWARDED TO HELLMUTH, OBATA & KASSABAUM, INC IN THE NOT TO EXCEED AMOUNT OF $361,533) Beasley motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Knstoferson "nay", Young "nay", and Mayor Brock "aye" Motion carried w~th a 4-3 vote City of Denton C~ty Council M~nutes February 20, 2001 Page 15 Item #17 was considered 17 NO 2001-067 AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION SO THAT PROJECTS MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS ORDINANCE MAY BE COMMENCED, DECLARING AN EMERGENCY AND AMENDING THE 2000-2001 CAPITAL IMPROVEMENTS BUDGET TO ALLOW THE FUNDING FOR THE OPEN SPACE AND DOWNTOWN MASTER PLANS AND PROVIDING AN EFFECTIVE DATE Burroughs motioned, Beasley seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion carried w~th a 6-1 vote Item # 18 was considered 18 NO 2001-068 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH FREGONESE CALTHORPE ASSOCIATES TO PROVIDE PROFESSIONAL SERVICES FOR THE DEVELOPMENT OF AN OPEN SPACE PLAN AND A DOWNTOWN REVITALIZATION PLAN AS SET FORTH IN THE CONTRACT, AND PROVIDING AN EFFECTIVE DATE (PSA 2651 - PROFESSIONAL SERVICE AGREEMENT FOR OPEN SPACE PLAN AND DOWNTOWN REVITALIZATION PLAN AWARDED TO FREGONESE CALTHORPE ASSOCIATES IN THE AMOUNT OF $54,900 FOR THE OPEN SPACE PLAN AND $112,000 FOR THE DOWNTOWN REVITALIZATION PLAN, TOTAL AWARDED $166,900) Beasley motmned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "nay", Knstoferson "aye", Young "nay", and Mayor Brock"aye" Motion carried w~th a 4-3 vote Item #20,was considered 20 NO 2001-070 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF DOORS AND DOOR HARDWARE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2636 - DOORS AND DOOR HARDWARE FOR CITY HALL EAST AWARDED TO LEGACY DOOR CO IN THE AMOUNT OF $29,072 28) City of Denton City Council Minutes February 20, 2001 Page 16 Burroughs motioned, Knstoferson seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Yotmg "nay", and Mayor Brock "aye" Motion carried w~th a 6-1 vote 31 NO 2001-080 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND HABITAT FOR HUMANITY OF DENTON FOR THE SALE OF CERTAIN REAL PROPERTY COMMONLY KNOWN AS 1036 REED STREET, DENTON, TEXAS, FOR USE FOR LOW TO MODERATE INCOME HOUSING, AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "nay", and Mayor Brock"aye" Motloncarnedwltha6-1 vote 45 The Council considered adoption of an ordinance of the City of Denton, Texas amending Chapter 27 relating to vehicles for hire by deleting Article II1 titled Taxmabs in its entirety, creating Article VI titled Taxicabs, Limousines, and Shuttles, providing a severabd~ty clause, a savings clause, providing for a penalty not to exceed $500 for violations of this ordinance, and providing for an effective date Gary Naden, 1200 Hope, Denton, 76205 spoke regarding the issue A comment card was received from Bob Andrews, P O Box 1616, Denton, 76202 regarding the issue The following ordinance was considered NO 2001-094 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 27 RELATING TO VEHICLES FOR HIRE BY DELETING ARTICLE III TITLED TAXICABS IN ITS ENTIRETY, CREATING ARTICLE VI TITLED TAXICABS, LIMOUSINES, AND SHUTTLES, PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE, AND PROVIDING FOR AN EFFECTIVE DATE Knstoferson motioned, Young seconded to amend Section 27-188 to indicated that only walking shorts or Bermuda shorts with a finished hem would be permitted and to place the insurance combined single limits of habdlty at $300,000 On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned with a 6-1 vote 46 The Council considered adoption of an ordinance of the City of Denton, Texas estabhshlng fares for taxicab service pursuant to Chapter 27, Article VI of the Code of Ordinances of the City of Denton, Texas titled Taxicabs, L~mouslnes, Shuttles, providing that a C~ty of Denton C~ty Council M~nutes February 20, 2001 Page 17 schedule of fees shall be mmntmned on file ~n the office of the C~ty Secretary, prowd~ng a sawngs clause, prowd~ng a severab~hty clause, and prowd~ng an effecttve date Denton A~rport Transportation submitted a comment card on the ~ssue The following ordinance was considered NO 2001-095 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ESTABLISHING FARES FOR TAXICAB SERVICE PURSUANT TO CHAPTER 27, ARTICLE VI OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TITLED TAXICABS, LIMOUSINES, SHUTTLES, PROVIDING THAT A SCHEDULE OF FEES SHALL BE MAINTAINED ON FILE IN THE OFFICE OF THE CITY SECRETARY, PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Young seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously 47 The Council considered and took action on a request for rehef from the Residential Interim Zomng Regulatmns, Ordinance 2000-046 for a 12 7-acre property located approximately 0 5 m~les west of FM 2181 and 1,000 feet north of Hmkory Creek Road The property ~s ~n a S~ngle Family Dwelhng -7 (SF-7) zomng d~stnct A s~ngle-famdy subd~ws~on ~s proposed (RR- 01-001, Oaks of Montectto Phase 5, Sectton B) The following ~nd~v~duals spoke on the ~ssue Casey Stewart, 1516 Buren V~sta, Denton, 76210 - opposed Rob Emhelkraut, 1509 Buena V~sta, Denton, 76210 - undemded Fred Gossett, 3625 Serendipity H~lls Trml, Connth, 76210 - favor Beasley motioned, Burroughs seconded to approve the request for rehef On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion carned unammously 48 The Councd considered and took action on a request for rehef from the Non-Residential Interim Zomng Regulations, Ordinance 2000-069 for a I 6-acre property located at 2201 Colorado Boulevard The property was ~n L~ght Industrml (LI) and L~ght Industrml w~th cond~tmns (Ll(c)) zomng d~stncts A Socml Security Adm~mstratton Office was proposed (RN- 01-001, Social Security Office) Knstoferson motioned, Burroughs seconded to approve the request for rehef On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion carried unammously Ctty of Denton City Councd Minutes February 20, 2001 Page 18 49 The Council considered approval of an exaction variance from Section 34-124(f)(3)(a) of the Code of Ordinances for a 12 244-acre property located at the southeast comer of FM 2181 (Teasley Lane) and Longndge The property was ~n a Stngle Family Dwelhng -10 (SF-10) zoning d~strlct Res~dentml development was proposed The Planmng and Zomng Commlsston recommended demal (6-0) (V-00-019, Longrtdge Estates) Burroughs motioned, Knstoferson seconded to deny the variance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion carried unammously 50 The Council considered adoption of an ordinance amending the schedule of wastewater rates contained m Ordinance No 2000-295 for Wastewater Service by amending the Compost and Wood Mulch Schedule (CWM), prowdlng for a repealer, prowd~ng for a severabd~ty clause, and prowdlng for an effective date The following ordinance was considered NO 2001-096 AN ORDiNANCE AMENDiNG THE SCHEDULE OF WASTEWATER RATES CONTAINED IN ORDINANCE NO 2000-295 FOR WASTEWATER SERVICE BY AMENDING THE COMPOST AND WOOD MULCH SCHEDULE (CWM), PROVIDiNG FOR A REPEALER, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDiNG FOR AN EFFECTIVE DATE Young motioned, Beasley seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously 51 The Councd considered approval of an Oversight Commtttee recommendatton allocating 2003-04 Capital Improvement Program funds for FM 1830 Schematm and Enwronmental Assessment engineering services, to be used for FM 2181 Schematic, Environmental Assessment, and Plans, Specfficat~ons and Estimate eng~neenng serwces Beasley motioned, Burroughs seconded to approve the recommendation On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Krlstoferson "aye", Young "aye", and Mayor Brock "aye" Motion camed unammously 52 The Council considered adoption of an ordinance authorizing the Mayor to execute an Interlocal Agreement with Denton County for road tmprovements, prowd~ng for the expendtture of funds therefor, and prowding an effective date The following ordinance was considered NO 2001-097 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH DENTON COUNTY FOR ROAD IMPROVEMENTS, City of Denton City Council Minutes February 20, 2001 Page 19 PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE Burroughs motioned, Beasley seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Dun:mace "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motmn carried unammously 53 The Council considered nomlnatlons/appmntments to the City's Boards and Commissions Mayor Pro Tem Beasley nominated David Gumfory as an alternate to the Zomng Board of Adjustment Cochran motioned, Burroughs seconded to suspend the rules and vote on the nomination at this meeting On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Dun'mace "aye", Knstoferson"aye", Young "aye", and Mayor Brock "aye" Motion earned unammously On roll vote for the nomination, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson"aye", Young "aye", and Mayor Brock "aye" Motion carried unammously 54 The Council considered ma appointment by the City Manager of a new member to the Civil Service Commission City Manager Jez appointed Tory Cacti to the Civil Service Commission Durrance motioned, Young seconded to approve the appointment On roll vote, Beasley "aye", Burroughs "aye", Cochrma "aye", Durrance "aye", Krlstoferson "aye", Young "aye", mad Mayor Brock "aye" Motion carned unammously 55 New Business There were no items of New Business suggested by Council for future agendas 56 Items from the City Manager City Manager Jez did not have may ~tems for Council 57 The Council continued the Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 58 There was no official action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act W~th no further business, the meeting was adjourned at 2 20 a m Euhne Brock, Mayor Jennifer Walters, City Secretary C~ty of Denton, Texas City of Denton, Texas CITY OF DENTON CITY COUNCIL MINUTES February 21, 2001 Joint Meeting of the City of Denton City Council and the Denton Independent School District Board of Trustees on Wednesday, February 21, 2001 at 12 noon in the Council Work Session Room PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Durrance, and Knstoferson ABSENT Council Members Cochran and Young 1 Call to Order, Announce Quorum Mayor Brock announced a quorum of the Council was present and called the meeting to order 2 The Council received a report and held a discussion on the School Discipline/SRO Program Lt Lonme Fleming updated the council and trustees on the Student Resource Officer Program He stated that the first year was a learning process and the second year there was a reduction in calls for service Tony Swafford, Denton ISD, reviewed the zero tolerance provisions of the Student Code of Conduct 3 The Council received an update and held a discussion on Denton 1SD growth outside the city limits Gene Holloway, Denton Independent School District, updated the council and trustees on Denton ISD growth outside the city limits Council Member Durrance left the meeting 4 The Council received an update and held a discussion on the Aquatic Center Janet Simpson, Assistant Director of Parks and Recreation, updated the council and trustees on the Aquatic Center She stated they were currently working on the lnterlocal agreement They were also working on site design development and the business plan 5 The Council received a report and held a discussion regarding the State Tax-Exempt Property Study Superintendent Ray Braswell introduced Dr Rutherford who reviewed the State Tax Exempt Property Study 6 The Council received a report and held a discussion regarding the Civic Leadership for Exemplary Education Group C~ty of Denton C~ty Council M~nutes Febmary 21, 2001 Page 2 Superintendent Ray Bmswell spoke about the C~v~c Leadership for Exemplary Education Group He stated that their primary effort was to help the school &strict become an exemplary school &strict Council Member Knstoferson left the meeting 7 The Council received a report and held a d~scuss~on regarding the 6 x 6 Program - San D~ego School D~strlct V~rg~ma Galllan, DISD Trustee, presented the "6 to 6" Extended School Day Program 8 The Council received a report and held a discussion regar&ng the New Employee RecepUon 9 With no further bus~ness, the meeting was adjourned at 2 30 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 27, 2001 The Council convened into a Work Session on Tuesday, February 27, 2001 at 6 00 p m in the Council Work Session Room in City Hall PRESENT Mayor Brock, Council Members Burroughs, Cochran, Durrance, and Knstoferson ABSENT Mayor Pro Tern Beasley, Council Member Young 1 The Council received a report, held a discussion, and provided staff direction regarding the issuance of a curbside recycling collection bid Howard Martin, Assistant City Manager for Utilities, stated that Council had directed staff to expedite the issuance of a curbslde collection bid to provide Denton's residential customers with curbslde recycling Staff developed a thirteen member community Recycling Committee to help with the bid development program implementation He reviewed the details of the recycling bid proposal as noted in the agenda materials Staff recommended that the bid as presented be forwarded and issued Consensus of the Council was to proceed with the bid process Council Member Young joined the meeting 2 The Council received a report, held a discussion, and gave staff direction regarding a request for permit and impact fee waivers submitted by the Denton Housing Authority Dave Hill, Assistant City Manager for Development Services, stated that the Denton Housing Authority was in the process of rezomng and platting 1207 and 1213 Wilson Street to construct their own offices and those of several non-profit agencies The DHA was requesting that the application fees associated with the proposed development be waived Staff felt that the Council had the discretion to waive permit and inspection fees, as had been done in the past for different governmental projects Staff recommended approval of the DHA permit and inspection and fee waiver request, after review by the Legal Department and the enactment of regulations to assure that the wmver is legally valid Approval of the impact fee was a matter that had been referred to the Legal Department to determine if there was any legal authority for waiving impact fees under these circumstances and to draw up authorizing regulations if they determined that such a waiver was legally valid Consensus of the Council was to not wmve the impact fees, permit fees and building fee 3 The Council received a report and held a discussion regarding an lnterlocal agreement between the City of Denton, SPAN, and the University of North Texas to provide for passenger carrier service for students, staff and faculty on the LINK Jon Fortune, Assistant City Manager for Public Safety and Public Transportation, stated that UNT had approached the City about the possibility of an agreement to allow UNT students, staff and faculty to show a valid ID card to ride the LINK This would be a pre-arranged amount over a three-year period based on estimated ndershlp Two route changes were proposed A stop would be made directly in front of the student union and to eliminate a stop at Eagle and Avenue D and move it to Avenue C Staff was recommending approval of the lnterlocal agreement for the program City of Denton City Counc~lMlnutes February 27,2001 Page 2 Consensus of the Councd was to proceed with the agreement 4 The Council received a report, held a discussion, and gave staff direction regarding the Ctty of Denton Small Area Plan Annual Report Dedra Ragland, Small Area Planning Manager, stated that the resolution that created the small area planmng program reqmred the submittal of an annual report She reviewed the accomphshments of the year 2000 as noted in the agenda materials Staff was recommending the continuation of the Small Area Planmng Program Consensus of the Councd was to proceed with the small area plan work 5 The Council received a report, held a d~scusslon and gave staff direction regarding Teasley Corndor Commumty Activities Centers Dave Hall, Assistant City Manager for Development Serwces, stated that ~n January, Councd heard a request to amend The Denton Plan to allow for a proposed development of a commercial center at the southeast comer of Teasley Lane and Hmkory Creek Road Council voted to deny the request to amend the Plan from a neighborhood center designation to a commumty m~xed-use center At that meeting, the issue of the proper location of netghborhood-onented retad centers was rinsed as a future work session item An analys~s of the traffic ~mphcatlons of having additional commumty actlvlty centers within the Teasley Lane corridor was done The recommendation from staff was that it was not clear-cut on where to place the centers The most troubhng secuon on Teasley, after bmld-out to slx lanes, was from Hobson down to Robinson One center designation wh~le the road was two lanes was suggested and perhaps two centers after the slx-lane bmld-out Consensus of the Cotmcd was to provide a vemcal oval for development for the center and to keep the number of centers at one whale Teasley Lane remained two lanes Staff would continue to work on the concept and Councd would discuss it dunng their Development Code thscusslons 6 The Council received a report, held a dlscusmon and gave staff d~rectlon regarding an ordinance amending chapter 24, entitled "Sohd Waste", of the Code of Ordinances of the City of Denton, by amending section 24-2 entitled "Defimtlons", amending section 24-42 entitled "Charges for residential servme", adding section 24-43 entitled "Automated Collection", providing a penalty in the amount of $2,000 for violations thereof, prowdlng for a savings clause, providing for a severabthty clause, and providing an effective date Howard Martin, D~rector of Ut~htles, stated that the 2001 budget provided for funding for the expansion of resldentml sohd waste collection servme by beglnmng a pdot program consisting of containerized collections utlhz~ng fully automated collection vehmles The proposed ordinance would estabhsh regulations governing the use of automated carts for sohd waste collections Consensus of the Counml was to proceed with the ordinance City of Denton C~ty Councd M~nutes February 27, 2001 Page 3 7 The Council received a report and held a dtscusston on the d~fferences between the market design of the Cal~fomm deregulated electric market and the Texas deregulated electric market Sharon Mays, D~rector of Electric Utd~t~es, presented an update regarding detmls leading to the problems experienced by the Cahfornm retml and wholesale electric markets 8 The Counml received a report and held a thscussmn regarding proposed developments along Loop 288 near Bnnker Road (SI-01-004) Larry Remhhart, Assistant D~rector of Planmng and Development, stated that staff had been meeting w~th potentml developers regarding property on Loop 288 between Spencer Road and the Rmls to Trmls corridor Two separate development proposals had been ~dentffied totahng approximately 83 acres Between the two developments, over 750,000 square feet of retml and restaurant development was enws~oned He rewewed the spemfic detads of the proposals as noted ~n the agenda matermls 9 The Counml received a report, held a d~scuss~on, and gave staff d~rect~on regarding the C~ty of Denton webs~te (www mtyofdenton com) Alex Pettlt, D~rector of Technology Serwces, provtded an update on the recent changes ~n the Cay's webs~te Detmls were included ~n the agenda matermls M~ke Jez, C~ty Manager, rewewed the goals of the webs~te that ~ncluded transaction and service avmlabthty, theme that ~ncluded standardization vs ~nd~wdual~ty and ease of nawgat~on Staff was looking for d~rect~on on whether these were the goals seen by Council and how to continue wtth these goals If Counml thd not hke the d~rectmn staff' was taking, ~t was suggested that a task force be developed to determine how to meet the goals and report back to Councd ~n 90 days on ~ts recommendations Consensus of the Cotmc~l was to proceed w~th option 2 to appoint a ctt~zen task force comprised of users and experts from the commumty to adwse the staff commxttee 10 The Council received a report, held a d~scuss~on, and gave staff d~rect~on regarding an ~nvoltmtary annexation of property located north of the ~ntersect~on of US H~ghway 380 and Masch Branch Road Dave Hall, Assistant C~ty Manager for Development Servmes, presented the detads regarding the ~nvoluntary annexatmn of the property as ~nd~cated ~n the agenda matermls Additional property was needed to be annexed as the original proposal was less than 1000 feet Consensus of Counml was to proceed w~th the eastern option and continue to gather more ~nformat~on regarding the affected property owners 11 The Cotmml received a report, held a d~scusslon, and gave staff d~recUon on potential funding strategies for proposed A~rport ~mprovement projects C~ty of Denton City Council Minutes February 27, 2001 Page 4 Jon Fortune, Assistant City Manager for Public Services and Public Transportation, stated that staff had identified three capital projects at the Airport that ff funded would significantly ~mprove the level of servme that the Airport could prowde He detailed those three projects and lndmated that staff felt that Spring 2001 would be an opportune t~me to approach the Congressional delegation in Washington, D C to request federal discretionary funding of the proposed projects Staffwas recommending that Council consider a resolution at the next regular meettng that would demonstrate commitment by the local government for these proposed improvements The resolution would also indicate additional support by the community for continued development of the Airport Consensus of the Council was to proceed w~th the resolution Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the specific items listed below 1 Closed Meeting A Consultation with Attorney - Under TEX GOV'T CODE Section 551 071 (1) Received a briefing from the City's attorneys, and considered, d~scussed, and deliberated on whether or not to intervene as a party in TNRCC Docket No 2000-1412-AIR (Martin Marietta Materials of Texas, Inc), where to discuss these matters in public would conflict w~th the duty of the City's attorneys under the Texas Dlsclphnary Rules of Professional Conduct of the State Bar of Texas B Personnel Matters - Under TEX GOV'T CODE Section 551 074 (1) Held a discussion and deliberated regarding the appointment of an interim City Manager/C~ty Manager The Council convened into a Specml Called Session on Tuesday, February 27, 2001 in the Work Session Room at C~ty Hall 1 The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Attorney to intervene on behalf of the City as a party in TNRCC Docket No 2000-1412-AIR (Martin Marietta Materials of Texas, Inc ), and providing an effective date No action was taken on this item 2 The following official action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act was taken Young motaoned, Cochran seconded to appoint Howard Martin, Assistant City Manager for Utilities as Interim City Manager with a 10% increase in salary effective March 31, 2001 On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion carried unammously C~ty of Denton C~ty Council M~nutes Febmary 27, 2001 Page 5 W~th no further bus~ness, the meeting was adjourned at 11 30 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS Agenda Item AGENDA INFORMATION SHEET Date ~! AGENDA DATE' March 6, 2001 DEPARTMENT. City Manager's Office CM Michael W Jez, City Manager, 349-8307 SUBJECT Consider a request for an Exception to the Noise Ordinance for construction activity for the University Courtyard Apartments between 8 00 a m and 1 00 p m on Sundays by Rea Constructmn Company, at the 200 S Bonme Brae Street on Sundays from March 11, 2001, until August 5, 2001 BACKGROUND Rea Construction Company is the contractor for the construction of the Umvers]ty Court yard Apartments at 200 S Bonnie Brae Street (comer of Bonnie Brae and Hickory) A request for an exception to the noise ordinance has been requested to allow constmcnon on Sundays between 8 00 a m and 1 00 p m The Rea Construction Company has agreed not to work during the time of church services of Denton Church of God The church ~s located at the comer at Bonme Brae Street and Stella Street As you know, the no]se ordinance declares the erection, excavation, demohtlon, alteration, or repair work on any bmldlng at anytime other than between the hours of 1 00 p m and 8 30 p m on Sunday as a violation (Attachment 3) The ordinance does, however, provide that the City Cotmc]l may make exceptions The organizers have been informed that should Council approve this request, responsible use of the amphfied sound is still required by Section 20-1 of the City of Denton Code of Ordinances In particular, Section 20-1(a) states It shall be unlawful for any person to make or cause any unreasonably loud, &sturb~ng, unnecessary noise which causes or may cause material distress, discomfort or injury to persons of ordinary senslblht~es in the ~mme&ate wclnlty thereof PRIOR ACTION/REVIEW (Council, Boards, Commissions) None Rea Construction Company March 6, 2001 FISCAL INFORMATION None Respectfully submitted Rodney~M tchel~ Management Assistant Attachments I Request from Harry Rutam, Rea Construction Company 2 Map 3 Noise ordinance MAR-01-200i lB 02 FROM REA CONSTRUCTION 912-219-0720 TD 940591i677 P 002/002 ¢0~N¥ Memh 01, 2001 Mt R~ne~ MIt~sll city of Denton Mr Mlld/lell, Rea CDnt~;tors, Illc aka Rea Con;tmc(Ion Company, Inc,, would like to mque~t appro, vel to continue wodcing on Sundays frgm 8 00 a,m until 6,00 p m, between the months of Merc~ through August 5"', 2(~01 On the Sundsys wQrY, ~s ~n progm~ stl 5ubcontract0m will be required to lake ~elr lunch between ~e hours of 11 00 e m until 12 00 p m, so that there will be no lelalYUptlons ct distractions during wolShlp hours We W~ll als~ msim arrangements to meel and dlsc~ this I~ue with I=estor Glenn Daniels of the Denton Chumh of God Congregation Any and all corlSldaratlon to this request will be greatly apflrecrat~cl Wa sm on a time constraint projsc~ and all down time Is crucial to our =onstruetlon schedule Thank you [er your prompt attention to this matter Harry J Rutan Superintendent REA CONTRACTOR, E, INC 200,9 Bonnie Brae Street Denton, TX 76201 (940) 5gl.n227 Phone (940) 591-1877 Fax (214) 882-9325 Cell 3 4 Chapter 20 NUISANCES* Art I In General, §§ 20-1--20-30 Art II Abandoned Property, §§ 20.31--20-70 D~v 1 Generally, §§ 20-31--20-40 D~v 2 Motor Vehicles, §§ 20-41--20-70 Art III Grass and Weeds, §§ 20.71--20-73 ARTICLE I. IN GENERAL Sec 20-1. Noise (a) It shall be unlawful for any person to make or cause any unreasonably loud, d~sturbmg, unnecessary nmse wluch causes or may cause materaal dmtress, d~scomfort or ~njury to persons of ordinary sens~bd~tles ~n the immediate vicinity thereof (b) It shall be unlawful for any person to make or cause any noise of such character, intensity and continued duration as to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary senslbd~tles (c) The following acts, among others, are declared to be noise nuisances m violation of th~s Code, but such enumeration shall not be deemed to be exclusive (1) The playang of any phonograph, television, radio or any musical ~nstrument in such manner or w~th such volume, particularly between the hours of 10 00 p m and 7 00 a m, as to annoy or dmturb the quiet, comfort or repose of persons of ordinary senslbd~t~es ~n any dwelling, hotel or other type or residence, (2) The use of any stationary loudspeaker, amplifier or musical instrument in such manner or with such volume as to annoy or disturb persons of ordinary sensibilities ~n the ~mmed~ate vicinity thereof, particularly between the hours of 10 00 p m and 7 00 a m, or the operation of such loudspeaker, amphfier or musical instrument at any time on Sunday, provaded, however, that the city council may make exceptions upon apphcat~on when the pubhc ~nterest wdl be served thereby, (3) The blowing of any steam whistle attached to any stationary boder or the blowing of any other loud or far-reach~ng steam whistle w~thln the city bruits, except to gave not~ce of the t~me to began or stop work or as a warning of danger, (4) The erection, excavatmn, demoht~on, alteration, or repair work on any braiding at anytime other than between the hours of 6 00 a m and 8 30 p m Monday through Friday from June 1 to September 30, between 7 00 a m and 8 30 p m Monday through Friday from October 1 to May 31, between 8 00 a m and 8 30 p m on *Cross references--Protected m~gratory b~rd roosts declared nuisance, § 6-87, inspec- tion and abatement warrants, § 19 86 et seq, insect and rodent control ~n mobde home and recreational vehicle parks, § 32-91 Supp No 6 1389 5 § 20-1 DENTON CODE Saturday, and between 1 00 p m and 8 30 p men Sunday, provided, however that the c~ty counc~! may msue special permits for such work at other hours m case of urgent necessity and m the interest of pubhc safety and convemence (5) The creation of any loud and excessive noise ~n connection with the loading or unloadmg of any vehicle or the opening or destructlan of bales, boxes, crates or contmners, (6) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noises to any performance, show, theatre, motion picture house, sale of merchandise or display which causes crowds or people to block or congregate upon the sidewalks or streets near or adjacent thereto (Code 1966, §§ 14-20, 14-21, Ord No 95-184, § I, 9-12-95) Cross referenc~ Ammal noise, § 6-26 Sec 20.2 Odors (a) It shall be unlawful for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes material d~stress, d~scomfort or injury to persons of ordinary senslblhtms in the unmedlate vicinity thereof (b) It shall be unlawful for any person to create or cause any odor, stench or smell of such character, strength or continued duration as to substantially interfere w~th the comfortable enjoyment of private homes by persons of ordinary senslblht~es (c) The following acts or conditions, among others, are declared to be odor nmsances m violation of this Code, but such enumeration shall not be deemed to be exclusive (1) Offensive odors from cow lots, hog pens, fowl coops and other similar places where anlmsls are kept or fed which disturb the comfort and repose of persons of ordinary senslblhtles, (2) Offensive odors from prlwes and other similar places, (3) Offensive odors from the use or possession of chemicals or from industrial processes or activities wlnch disturb the comfort and repose of persons of ordinary sens~blbt~es, (4)Offensive odors from smoke from the bnrmng of trash, rubbish, rubber, chemicals or other things or substances, (5)Offensive odors from stagnant pools allowed to remmn on any premises or from rotting garbage, refuse, offal or dead ammals on any premises (Code 1966, §§ 14-22, 14-23) Sec 20-3 Garbage, trash and rubbish nuisances--Generally (a) Storing or keeping garbage, trash and rubbish The storing or keeping of any and all stacks, heaps or plies of old lumber, refuse, junk, old cars or machmery or parts thereof, garbage, trash, rubbish, scrap mater~al, ruins, demohshed or partly demohshed structures or buildings, plies of stones, bricks or broken rocks on any preanses bordenng any pubhc street Supp No 6 1390 Agenda Item AGENDA INFORMATION SHEET AGENDA DATE March 6, 2001 DEPARTMENT. Fiscal Operations ACM' Kathy DuBose, Fiscal and Mummpal Servlces~-'~ SUBJECT Consider approval of an ordinance directing the ~ssuance and pubhcatlon of Notice of Sale of City of Denton General Obhgatlon Bonds, and promdlng for an effective date BACKGROUND This ordinance prowdes the Not,ce of Intention to issue C~ty of Denton General Obligation Bonds, Series 2001 This notme will be published on or before March 21, 2001 These Bonds will provide fundang of $14,245,000 for the following projects and improvements $7,320,000 Transportation (streets, traffic control, bikeways and sidewalks) $2,325,000 Parks and Recreatlon/Beautfficatlon $4~600,000 Library (design and constntct~on) PRIOR ACTION/REVIEW (Council, Boards, Commissions) All of these projects were approved in the 2001-2005 Capital Improvement Program and approved tn the bond election on January 15, 2000 FISCAL INFORMATION The General Obhgatlon Bonds have an estimated average annual debt service requirement of approximately $1,100,000 This mount has been included in the budget process Respectfully submitted Diana G Ort]z Director of Fiscal Operations ORDiNANCE NO 2001- AN ORDINANCE DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF CITY OF DENTON GENERAL OBLIGATION BONDS, AND PROVIDiNG FOR AN EFFECTIVE DATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Ctty Secretary is directed to ~ssue a Notice of Sale of Bonds in substantially the following form OFFICIAL NOTICE OF SALE CITY OF DENTON, TEXAS $14,245,000 GENERAL OBLIGATION BONDS SERIES 2001 The City Council of the City of Denton, Denton County, Texas, wnll receive sealed bids at the Mumclpal Building, 215 E McKmney Street, m the C~ty of Denton until 1 30 p m, C D T, Tuesday, May 1, 2001 for the purchase of $14,245,000 General Obhgatlon Bonds, Series 2001 to be dated May 1, 2001, and to mature serially on December 1 of each year 2002 through 2021 Sealed blds, plainly marked "Bid for Bonds", should be addressed to "Honorable Mayor and City Council, C~ty of Denton, Texas", and must be submitted on the "Official B~d Form" to be made avadable by the City Council prior to the date of sale All sealed b~ds will be publicly opened and tabulated before the Council Cop~es of the "Official Statement", "Notice of Sale", and "Official Bid Form" are being prepared and will be mailed to prospective bldders on or about April 19, 2001, and will be furmshed to any prospective bidder upon request, by First Southwest Company, 201 South Mare, Suite 1320, Fort Worth, Texas 76102, Financial Adwsor to the C~ty The C~ty reserves the right to reject any and all b~ds and to waive any and all ~n'egulantles By order of the City Council of the C~ty of Denton, Texas JENNIFER K WALTERS C~ty Secretary Cxty of Denton, Texas SECTION 2 That sa~d NoUce shall be pubhshed once m The Bond Buyer, New York, New York, which is a national pubhcat~on regularly and primarily carrying financial news and mumc~pal bond sale notices, and said Not~ce also shall be pubhshed once ~n the "Denton Record-Chromcle", which has been designated as the officml newspaper of the City of Denton Said pubhcaUons shall be made at least thirty days prior to the day set for rece~wng b~ds SECTION 3 That th~s Ordinance shall become effective lmmedmtely upon its passage and approval PASSED AND APPROVED this 6th day of March, 2001 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY AoendaNo O[ 0~ __ AGENDA INFORMATION SHEET Agenda Ite AGENDA DATE. March 6, 2001 DEPARTMENT: F~scal Operatmns ACM' Kathy DuBose, Fiscal and Mummpal Services ~ SUBJECT Consider approval of an ordinance directing the pubhcat~on of Not, ce of Intention to issue Certificates of Obhgatlon of the City of Denton, and providing for an effective date BACKGROUND This ordinance prowdes the Notice of Intention to ~ssue C~ty of Denton Cemfieates of Obbgatlon Bonds, Series 2001 Th~s notme will be pubhshed on or before March 28, 2001 These Bonds will provtde funding of $11,956,900 (plus costs of issuance) for the following projects and improvements $ 22,000 Transportatmn (mrport) $ 25,000 Parks and Recreatlon/Beautlficat~on $3,300,000 Central Fire Station $ 300,000 Comprehensive Facility Space Study $ 393,000 FamhtyRenovatlons $2,450,000 Technology Servmes $1,500,000 Motor Pool $3,800,000 Solid Waste $ 1166,900 Downtown and Open Space Master Plans PRIOR ACTION/REVIEW (Council, Boards, Commissions) All of these projects were approved ~n the 2001-2005 Capital Improvement Program and approved an the bond election on January 15, 2000 FISCAL ~NFORMATION The Certificates of Obhgatlon Bonds will have an estimated average annual debt servme reqmremcnt of approximately $803,000 Th~s amount has been included in the budget process Respectfully submitted D~ana G Ortlz D~rector of F~scal Operations 1 ORDINANCE NO 2001- AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF iNTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, AND PROVIDING FOR AN EFFECTIVE DATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, It lS deemed necessary and advisable that Notice of Intention to Issue Certificates of Obligation be g~ven as hereinafter provided THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That attached hereto is a form of "NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON", the form and substance of which are hereby adopted and approved, and made a part of this Ordinance for all purposes SECTION 2 That the City Secretary shall cause said NOTICE, m substantially the form attached hereto, to be published once a week for two consecutive weeks in a newspaper of general c~rculat~on in the Ctty, with the date of the first pubhcatlon to be at least fifteen (15) days before the date tentatively set for the passage of the Ordinance authonzmg the issuance of such Certificates of Obligation SECTION 3 That this Ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 6th day of March, 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON NOTICE OF iNTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON THE CITY OF DENTON, ~n Denton County, Texas, hereby g~ves notme of~ts intention to issue CITY OF DENTON CERTIFICATES OF OBLIGATION, m accordance with the Certtficate of Obhgatton Act of 1971, as mended and codffied, and other apphcable laws, tn the maximum pnnmpal amount of $12,120,000 for the purpose of paying all or a portton of the Ctty's contractual obhgattons ~ncurred pursuant to contracts for the purchase, construction and acquts~tton of certain real and personal property, to w~t (a) xmprovements at the Ctty's atrport, (b) eqmpment for the Ctty's pubhc parks, (c) constmctton and eqmpplng ora new central fire stataon located at the comer of Bell Avenue and Hickory Street, Denton, Texas, (d) amprovements to the Ctty's sohd waste d~sposal system, (e) vehmles for the C~ty's motor pool, (f) computer and technology eqmpment and upgrades for the Ctty's ~nformatton technology systems, and (g) mtscellaneous renovations and ~mprovements to C~ty owned facflmes, and also for the purpose of paying all or a portton of the City's contractual obhgat~ons for professtonal servmes, including engineers, architects, attorneys, map makers, audttors, and financml advtsors, tn connectton w~th the preparation of the C~ty's Comprehensive Development Plan, Open Space Plan, Downtown Master Plan and Facthty Space Study and tn connectton w~th the above contracts and satd Certificates of Obhgat~on The Ctty proposes to prowde for the payment of such Certfficates of Obhgat~on from the levy and collect~on of ad valorem taxes tn the C~ty as provtded by law, and fi.om certatn surplus revenues (not to exceed $10,000 ~n aggregate amount) derived by the C~ty fi.om the ownershtp and operatton of the C~ty's Utthty System (constst~ng of the C~ty's combmed waterworks system, santtary sewer system, and electric hght and power system) The City Counml of the Ctty tentaUvely proposes to authorize the tssuance of such Certffieates of Obhgat~on at a meettng commencmg at 1 30 p m on the 1st day of May, 2001, m the Ctty Council room at the Mummpal Bmldmg (C~ty Hall), 215 E McKmney, Denton, Texas CITY OF DENTON, TEXAS By Jennifer K Walters, C~ty Secretary AGENDA INFORMATION SHEET AGENDA DATE: March 6, 2001 DEPARTMENT: Public Transportataon (LINK) ACM: Jon Fortune, Pubhc Safety & Pubhc Transportation SU CT An ordinance anthonzmg the Mayor to execute an ~nterlocal agreement between the C~ty of Denton, SPAN, Inc, and the University of North Texas ("UNT") to provade for motor career service for UNT students, staff, and faculty, and providing an effective date BACKGROUND The University of North Texas recently approached the City about the possibility an agreement to allow UNT students, staff and faculty to show a vahd UNT ID card to nde the LINK Staff discussed this issue w~th Umverslty officmls and developed a proposed mterlocal agreement. The University has agreed to pay the City a pre-arranged amount over a three-year period based on estimated ndersh~p In return, students, staff and faculty can show the LINK driver a valid UNT ID and board the bus without paying In the first year of the agreement UNT would pay the C~ty a flat $6,000, wbach v~ll purchase 8,000 trips The University would pay the City $8,000 (10,666 trips) for the second year and $10,000 (13,333 trips) for the third year of the agreement Each annual payment ~s subject to adjustment ff the actual ndarsbap based on $ 75 per one-way trip yields an annual amount that as either 25% greater or 25% lower than the fixed annual fee In the event that the actual ndersh~p y~elds an amount greater than 25% of the fixed annual payment then UNT shall pay the City an amount based on the actual ndersbap In the event the actual ndersbap yields an amount lower than 25% of the fixed annual payment then the City must refund UNT an amount equal to the number of trips below the fixed annual payment As a eondmon of the agreement, staff proposes a minor adjustment to route 8 Currently Link buses travel through the UNT campus along Welch Street but there is no stop directly m front of the student union Staff recommends moving a stop from the comer of Chestnut and Welch to chre¢fly m-front of the student umon next to UNT "e-trans" bus stop Th~s would allow students ndmg UNT's bus system the oppormmty to s~mply transfer to a LINK bus and v~sa versa at one couvement location for both systems As you know on-t~me performance continues to be a high priority for the LINK, to allow LINK buses sufficient time to make the stop m front of the student un,on, ~t may be necessary to move one other stop at Avenue D and Eagle to Avenue C and Eagle Th~s change would ehm~nate a d~fficult turn for buses at the comer of Avenue E and Eagle, and w~ll allow th{ route to be timed to ensure that the on-time standard is ma~ntmned Thru partmular change xwll have minimal ~mpact on riders The attached map illustrates the proposed changes The LINK policy, whmh has been approved by the Federal Transit Adm~m,,tratmn, reqmres a public hearing to be held for any route change that ~mpacts more than 20% of the route Since neither of the two route adjustments mentioned above change the route by more than 20%, a public heanng wall not be necessary However, both UNT and the City plan to market this enhanced servme to educate riders of the changes Th~s proposal has many positive benefits for both the C~ty and UNT The proposal, if approved, will promote altemat~ve transportation, mcrease ndershlp on the C~ty's trtmsportatlon system which may make it possible to acqmre additional grant funding, and prowdes add~tmnal more convement service to students, staffand, faculty and c~t~zens travehng to and f¥om UNT RECOMMDATION Staff recommends approval of the attached ~nterlocal agreement between the C~ty of Denton, SPAN, and Umverslty of North Texas to prowde for passenger career serwce for students, staff and faculty on the LINK PRIOR ACTION/REVIEW (Council. Boards. Commissions) The City Counml reviewed this item at the February 27, 2001 work sessmn and d~rected staffto proceed with the lnterlocal agreement The agreement has been approved by bath SPAN and UNT FISCAL INFORMATION Tbas proposal generates approximately $6,000 ~n the first year of the agreement and $8,000 and $10,000 for the second and third year of the agreement The revenue generated from the agreement will be used as the C~ty's match toward state and federal transportation grants Respectfully submitted Jo~F~rt~unt,~S~lstant City Manager Public SafetS' and Transportation ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, SPAN, INC AND THE UNIVERSITY OF NORTH TEXAS ("UNT") TO PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE FOR LrNT STUDENTS, STAFF AND FACULTY, AND PROVIDING FOR AN EFFECTIVE DATE WT, cIEREAS, the Umverslty of North Texas ("UNT") has requested that the City and Span, Inc pro'ode to tts students, staff and faculty motor carrier passenger servme based on an annual fee, and WHEREAS, the C~ty Council finds that such senace m m the pubhc interest, NOW, THEREFOR, TI{E COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION ! The Mayor, or m her absonce the Mayor ProTein, ~s hereby authorized to executo au Interlocal Agreement between the Ctty of Denton, Span, Inc and LINT to provide for motor carrier passenger serwce for UNT student, staff, and faculty, m substantially the form of the copy of the agreement wlmch ts aRached hereto and incorporated by reference hereto SECTION 2 This ordinance shall become effective munethately upon tts passage and approval PASSED AND APPROVED tlus the day of ,2001 BULINB BROCK, MAYOR ATTEST /ENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT~Y, C~ATTORNEY INTERLOCAL AGREEMENT THIS AGREEMENT ~s made and entered ~nto th~s 6th day of March, 2001, by and between the CITY OF DENTON, a Texas mumcipal corporation, hereinafter referred to as CITY, SPAN, 1NC, a Texas non-profit corporation and a pohtmal subdlws~on of the State of Texas, hereinafter called the "AGENCY" and UNIVERSITY OF NORTH TEXAS, a Texas State Umvermy, hereinafter referred to as UNT WHEREAS, the AGENCY promdes to the CITY mass transportation passenger motor earner service on fixed routes pursuant to that certmn agreement dated June 20, 2000 w~th~n the mty hmlts of the CITY (the "Transit Agreement") under the name "LINK", and WHEREAS, LINT desires to enter into an agreement with the AGENCY and the CITY to prowde for passenger motor career service for ~ts students, staff and faculty, NOW, THEREFORE, CITY, AGENCY and LINT, ~n consideration of the mutual covenants hereinafter expressed, agree as follows ARTICLE ONE 1 0 UNT agrees to pay the CITY an annual fee prowded ~n Sectmn 1 1 below to allow for UNT student, staff and faculty ndershlp In exchange, the AGENCY and CITY shall permit all UNT students, staff and faculty to nde on the AGENCY'S system as outbned on the most current system map, on an unhm~ted bas~s by displaying a vahd UNT student, staff or faculty ldentfficatlon to the AGENCY's bus drivers upon entenng a bus The cun'ent system map shall include at a mlmmum, the bus stops on UNT campus shown on Exhibit "A" attached hereto and made a part hereof by reference 1 1 The term &this agreement shall be for three years commencing on August 15, 2001 and ending on August 14, 2004 The first annual fee shall be ~n the sum of $6,000 00 due and payable ~n two equal ~nstallments no later than October 15, 2001 and February 15, 2002 The second annual fee shall be in the sum of $8,000 00 due and payable in two equal installments no later than October 15, 2002 and February 15, 2003 The third annual fee shall be ~n the sum of $10,000 00 due and payable in two equal ~nstallments no later than October 15, 2003 and February 15, 2004 Notwithstanding the foregoing, each annual fee is subject to an adjustment as follows Within 60 days after each annual fee ~s prod either the CITY or UNT may mqmre an adjustment if the actual ndersh~p (based on 75 cents for each one way trip) y~elds an annual amount that is e~ther 25% greater or 25% lower than the fixed annual fee In the event that the actual ndersh~p yields an amount greater than 25% of the fixed annual fee than UNT shall pay the CITY within 30 days of being notffied, an amount equal to 75 cents t~mes each one way trip above the fixed annual fee In the event that the actual ndersh~p y~elds an amount lower than 25% of the fixed annual fee than the CITY shall refund UNT w~th~n 30 days of being notffied, an amount equal to 75 cents times each one way trip below the fixed annual fee 1 2 At ,all reasonable t~mes LINT shall be entitled to audit the records of the AGENCY and CITY to ascertain that the annual fee has been properly calculated However, ~n no event shall this prowaion permit UNT to withhold payment of the annual fee If after an audit UNT ~s able to prove that the fee has been miscalculated, then ~t shall be entitled to a refund of such excess fee, w~thout interest ARTICLE TWO 2 0 The Transit Agreement is hereby amended by the CITY and the AGENCY so as to make ~ts terms consistent with this agreement 2 1 This agr6ement shall remain ~n effect dunng the term of the Transit Agreement and any renewals thereof and shall expire when the Transit Agreement expires or ~s terminated In the event the Tranait Agreement expires or ~s terminated dunng a contract year, and the CITY does not prowde s~mdar motor earner passenger servmes to UNT, the CITY agrees to refund to UNT a portion of the annual fee attributable to that port~on of the contract year for which such motor earner passenger services were not prowded Notwithstanding anything contmned here~n to the contrary, any party to th~s agreement may terminate this agreement w~th or w~thout cause by g~wng the other part~es written notme of such termination at least 30 days prior to the expiration of a contract year, whmh termination shall become effective at the end of such contract year ARTICLE THREE 3 0 This agreement represents the entire and integrated agreement between CITY, and UNT and supersedes all prior negotmt~ons, representations and/or agreements, e~ther written or oral, and supercedes all prows~ons in the Transit Agreement to the extent of conflict This agreement may be amended only by written ~nstmment signed by both parties 3 1 It ~s understood and agreed by the part, es that if any part, term, or prowsmn of th~s contract ~s held by the courts to be illegal or in conflict w~th any law of the state where made, the vahd~ty of the remmmng portions or provis~ons shall not be affected, and the rights and obhgat~ons of the parties shall be construed and enforced as if the contract d~d not contain the particular part, term, or provm~on held to be ~nvahd S~gnedth,s c~ (~dayof ,f_t~~ ,2001 UNIVERSITY OF NORTH TEXAS CITY OF DENTON Euhne Brock Mayor PAGE 2 ATTEST ATTEST Phllhp C I~bel, C~ty Secretary, V~ce President for Finance and City of Denton Bus~ness Affmrs APPROVED AS TO LEGAL FORM APPROVED AS TO LEGAL FORM General Counsel Herbert L Prouty, City Attomey By 0~/~/ By ~~ SPAN, 1NC PAGE 3 ATTACHMENT I Route 8 Rews~on AGENDA DATE: March 6, 2001 DEPARTMENT Electric Utility ACM Howard Maran, 349-8232 SUBJECT· AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF FULBRIGHT & JAWORSKI, LLP FOR SERVICES PERTAINING TO OBTAINING A PRIVATE LETTER RULING FROM THE INTERNAL REVENUE SERVICE RESPECTING THE ISSUANCE OF TAX-EXEMPT DEBT TO REFINANCE OUTSTANDING TEXAS MUNICIPAL POWER AGENCY DEBT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE APPROVAL OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE BACKGROUND. In May of 1999 the four TMPA C~t~es demded at a joint meetmg to engage the law firm of Fulbnght and Jaworskl, LLP to obtam a private letter ruhng from the IRS "permitting some or all of the Cities to ~ssue their own tax-exempt debt to rcfnance the outstanding debt of TMPA" Each City agreed to fund ~ts share of the costs assocmted with this act~mty based on ~ts right to the output of Gibbons Creek The City Manager executed a contract with Fulbnght & Jaworsk~ for $24,220 as Denton's share of the estimated cost of this work Dunng the 1999 Texas Legislative sassmn, we were able to mclude m SB 7 the right to have the Texas Pubhc Finance Authority (TPFA) ~ssue debt to secuntlze stranded cost on behalf of member Crees ofmumclpal power ageneles Fulbnght & Jawoskl has applied to the IRS for a ruhng eo~aeermng the C~t~es' abd~ty to use tlus right to refund some or part of the TMPA debt Fulbnght, & Jaworsla now estimates it will reqmre up to $15,000 as Denton's share of the funds necessary to complete the process OPTIONS: 1 Approve the proposed contract amendment 2 Do not pay the Denton share of the cost of completion of the process RECOMMENDATIONS Staff recommends approval of the proposed contract amendment ESTIMATED SCHEDULE OF PROJECT. Completion of work estimated by mid-year 2001 PRIOR ACTION/REVIEW (Councll~ Boards~ Commission)' Tfus matter w~ll be presented to the Public Utlht~es Board at their Mach 5, 2001 meeting FISCAL INFORMATION Contract amendment of $15,000, for a total contract not to exceed $39,250 Respectfully submitted Sharon Mays Director of Elecmc Utilities Exhibit I Ordinance Exhibit II Agreement 2 ORDINANCE NO AN ORDINANCE OF TIlE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF FULBRIGHT & JAWORSKI, LLP FOR SERVICES PERTAINING TO OBTAINING A PRIVATE LETTER RIFLING FROM THE INTERNAL REVENUE SERVICE RESPECTING THE ISSUANCE OF TAX-EXEMPT DEBT TO REFINANCE OUTSTANDING TEXAS MUNICIPAL POWER AGENCY DEBT, AUTHORIZING THE EXPENDITLrRE OF FUNDS THEREFOR, PROVIDING FOR RETROACTIVE APPROVAL OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City CounclI deems ~t necessary and appropriate and m the public mterest to continue to engage the law firm of Fulbnght & Jaworska, LLP ("F&J"), of Houston, Texas, to prowde pro£essmnal legal services pertalmng to obtmnmg a private letter mhng from the Internal Revenue Servme respecting the issuance of tax-exempt debt to refinance outstanding Texas Mumc~pal Power Agency debt, and WHEREAS, the City has prewously retained the profesmonal legal servmes of F&J on tins matter on May 7, 1999, and has operated under a letter agreement for professional legal services, mgned by the C~ty Manager, m the mount of $24,250 since that tnne, and F&J has also entered into other professmnal service agreements with the other TMPA Crees, and the expenses have been very unpredmtable, thus resulting ~n tins F~rst Amendment, and WHEREAS, the City staffhas reported to the City Counml that there is a substantial need for the heremabove described profesmonal services by the City, and that hm~ted C~ty staff cannot adequately perform the spemahzed legal servmes and tasks with ~ts own personnel, and WI-~REAS, Chapter 2254 of the Texas Government Code, known as the "Professmnal Services Procurement Act," generally prowdes that a c~ty may not select a provider of profesmonal services on the bas~s of competlttve bids, but must select the prowder of profesmonal services on the basis of demonstrated competence, knowledge, and qualfficatmns, and for a fatr and reasonable price, and the C~ty Counml hereby finds and concludes that F&J ~s appropriately quahfied under the prommons of the law, to be contmued as outrode legal counsel for the C~ty, respecting tins engagement, and WHEREAS, the C~ty Council has provided m the C~ty budget for the appropnanon of funds to be used for the procurement of the foregoing pmfesmonal legal services, as set forth ~n tins F~rst Amendment to Agreement for Professional Legal Services, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager ~s hereby authorized to execute a F~rst Amendment to Agreement for Profesmonal Legal Servmes with the law finn ofFulbnght & Jaworska, LLP of Houston, Texas for profesmonal legal servmes pertatmng to obtmnmg a pnvate letter mhng from 3 EXHIBIT I the Internal Revenue Service respecting the ~ssuance of tax-exempt debt to refinance Texas Mummpal Power Agency debt, m substantially the form of the F~rst Amendment to Agreement for Profesmonal Legal Sc~-vmes attached hereto and ~ncorporated herewith by reference SECTION 2 That the award of ttus F~rst Amended Agreement is on the basis of the demonstrated competence and quahficatmns of F&J, and the ab~hty of F&J to perform the professional legal services needed by the C~ty for a fair and reasonable price SECTION 3 That the expenditure of funds as provided for m the attached First Amended Agreement for Professxonal Legal Services xs hereby authorized SECTION 4 That as to the payment of fees and expenses, the First Amendment to Agreement for Professmnal Legal Services xs hereby ratffied and retroactively approved, and shall be effective from and after November 1, 2000 SECTION 5 That except as prowded m Sectmn 4 heremabove, this ordinance shall become effective mmaedmtely upon ~ts 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 S \Our Docum~nts\Ordmances\01XFulbnght & Jaworslc First Amend K Private Lttr IRS ord doc 4 THE STATE OF TEXAS ) COUNTY OF DENTON ) FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL LEGAL SERVICES THIS FIRST AMENDMENT to that certain Agreement for Professional Legal Services, dated May 7, 1999, heretofore entered ~nto by and between the C,ty of Denton, Texas, a Texas Mumc~pal Corporation with ~ts offices at 215 East McKanney Street, Denton, Texas 76201 (hereafter referred to as "CITY"), and the law firm of Fulbnght & Jaworska, LLP, wxth ,ts offices at 1301 McKmney, Suite 5100, Houston, Texas 77010 (hereafter referred to as "CONSULTANT"), acting herein by and through thexr respective duly authomzed s~gnatones, and NOW THEREFORE, the City of Denton, Texas and the law firm of Fulbnght & Jaworska, LLP (hereaRer collectively referred to as the "PARTIES"), in conslderatmn of the,r mutual prormses and covenants, as well as for other good and valuable considerations, do hereby AGREE to the following amendments to the terms and condatlons of the Agreement For Professmnal Legal Servaces (hereafter the "Agreement"), dated May 7, 1999, to w~t I That tn heu of and in subst~tutmn for the first sentence of the prowsmns of Item 1 of the "C~ty of Denton Addendum to Fulbnght & Jaworska, LLP Engagement Letter Dated March 23, 1999 Respecting Profeas~onal Legal Services," the Item shall instead state as follows The Farm reasonably estimates that the C~ty of Denton ("Denton") 21 3% pro-rata share of all charges for the legal services provided for tn thas engagement, mcindtng expenses as set forth hereto shall not exceed $39,250 The PARTIES agree, that except as specifically prowded for by tins F,rst Amendment to Professional Legal Servmes Agreement, that all of the terms, covenants, conchtmns, agreements, rights, respons~b~ht~es, and obhgatmns of the part, es set forth m the Agreement, shall remmn m full force and effect IN WITNESS WHEREOF, the C~ty of Denton, Texas and the law firm of Fulbmght & Jaworsk~, LLP have executed tins F~rst Amendment To Agreement For Professmnal Legal Servmes, in four (4) original counterparts, by and through their respective duly anthonzed representatives and officers on tbas the __ day of ., 2001 1 EXHIBIT II CITY OF DENTON, TEXAS A Texas Mummpal Corporation By M~chael W Jez, C~ty Manager ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PKOUTY, CITY ATTORNEY "CONSULTANT" FULBRIGHT & JAWORSKI, LLP A Texas L~rmted L~abfl~ty Parmersh~p ATTEST C \TEMp\gwpnnt~ULBR/-I DOC 2 6 AGENDA DATE' March 6, 2001 DEPARTMENT' Electric Utility ACM Howard Martin, 349-8232 ~ SUBJECT. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN THE FORM OF TASK ORDER NO 01-B WITH R. J COVINGTON CONSULTING FOR SERVICES RELATING TO OVERALL RESTRUCTURING IMPLEMENTATION FOR DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE BACKGROUND' For the past five years, it has been the practice of Denton Municipal Electric (DME) to malntam a dally services contract with R J Covington, untlally as an employee of Resource Management International followed by contracting with bas independent consulting firm Mr Covington and his firm have provided a variety of analytical and strategic planmng support to DME over this period in areas such as · Development of strategic options · Gas price forecasts · Assistance m finanexal and techmeal model development · Drafting of contracts and agreements · RFP development · Techmcal support for state legislative efforts · Review and analysis of TMPA fmanelat records · DME load analysis · Support for DME Pubhc Utility Commission of Texas (PUCT) fihngs The existing DME staff is unable to perform all of these types of tasks either because of workload or lack of expertise In addition, Mr Covlngton's location m Austin provides a cost effective,way to access data located m Austin, such as PUCT records and filings by other electric utihtles, and provides bam access to reformation sources not available to staff isolated in Denton S~nce the passing of SB 7, Mr Covmgton's firm, working m coordination with DME and Garland staff members, has been critical in providing coverage of the large number of Austin based Electric Rehabahty Council of Texas (ERCOT) and PUCT committees, workshops and projects that are deterrmmng the operational structure of the new retail deregulated marketplace It has become clear that failure of DME to participate effectively m these actlv~tles will result ~n development of a market model harmful to the interest of smaller players such as DME The protocols developed to define the operation of the deregulated electric marketplace have been filed with the Pubhc Utdlt~es Commission of Texas for review and approval Dunng ttus review process, parties have ratsed over 170 issues they believe must be changed ~n the design Most of these changes wall now be examined through a stakeholder protocol review process Many of these proposed changes will have a negattve effect on DME's ablhty to operate effectively m the new market DME needs all the resources possible to mmntmn the posmons it has negotiated so far Mr Cowngton's staffhas been ~nstnunental m negotmtton and analys~s of the power purchase agreement that will be presented to Counml as part of the potential sale package of the Spencer generattng plant Their knowledge of the contract w~ll assist the DME staff m setting up proper audlttng procedures for the contract Regardless of whether the Spencer plant is sold or retained by DME, there wall be a constant need to forecast natural gas prices A member of Mr Cowngton's staff has a strong background m the natural gas mdustry and can asstst DME staff m thts work OPTIONS' 1 Continue to use Mr Covlngton's services 2 Reduce DME partmlpatton m the development of the Texas electric market design Rely totally on DME staff for financial modeling, natural gas price forecasting, and auditing of power purchase agreements RECOMMENDATIONS DME recommends the conttnmng use of Mr Covlngton's finn for the tasks outlined in Task Order 01-B PRIOR ACTION/REVIEW (Council, Boards, Comm~sston) This matter will be presented to the Pubhc Utllmes Board at their March 5, 2001 meeting 2 FISCAL INFORMATION Task Order 01-B not to exceed $75,000 Respectfully submitted Sharon Mays D~rector of Electric Ut~ht~es Exhibit I Ordinance Exlub~t II Task Order 01-B 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN THE FORM OF TASK ORDER NO 01-B WITH R J COVINGTON CONSULTING FOR SERVICES RELATING TO OVERALL RESTRUCTURING IMPLEMENTATION FOR DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty Cotmml deems it m the pubhc interest to engage the firm of R J Cowngton Consulting, of Austin, Texas ("Cowngton"), to provide consulting servmes to the C~ty relating to Denton Mumc~pal Electric, mcludmg, w~thout hm~tat~on, overall restmctunng ~mplementat~on, and WHEREAS, the C~ty staff has reported to the C~ty Cotmc~l that there ~s a substantial need for the above-described professional services, and that hm~ted C~ty staff cannot adequately perform the services and tasks vath its own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professmnal Servmes Procurement Act", generally prowdes that a C~ty may not select a prowder of pro£essmnal services on the bas~s of competitive bids, but must select the prowder on the basis of demonstrated competence, knowledge, and qualfficat~ons, and for a fatr and reasonable pnce, and WHEREAS, the C~ty Cotmml has promded ~n the C~ty Budget for the appropnat~on of funds to be used for the purchase of the professmnal services, as set forth m the Professional Servmes Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the C~ty Manager ~s hereby authorized to execute a Professmnal Services Agreement m the form of Task Order No 01-B w~th R J Cowngton Consulting, of Austin, Texas, for professmnal consulting servmes relating to Denton Mumc~pal Electric m the area of overall restructunng service, in substantmlly the form of the Task Order No 01-B attached hereto and incorporated herewith by reference SECTION 2 That the award of tins Agreement by the C~ty ~s on the bas~s of the demonstrated competence, knowledge, and quahficatlons of Covington and the ainhty of Covington to perform the professmnal services needed by the C~ty for a fair and reasonable price SECTION 3 That the expendxture of funds as pmwded m the attached Professional Serv*ces Agreement is hereby anthonzed 4 EXHIBIT I SECTION 4 That ttus ordinance shall become effectxve ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED tlus the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\0rdmances\01\Covmgton Consulting PSA DME-TO No 01 B ord doc ATTACHMENT TO PROFESSIONAL SERVICES AGREEMENT DATED MARCH 6, 2001 BETWEEN THE CITY OF DENTON AND R J COVINGTON CONSULTING TASK ORDER NO 01-B Electric Regulatory and Restructuring Services Tasks provided for tn this Attachment are directed at asmstmg the City staff (Staff) m three main areas These are as follows I PUC/ERCOT/Leglslat~ve Assistance 2 Implementation of Translt2on Power Agreement 3 Review of Financial Model PUC/ERCOT/Legaslahve Assistance Tins area of activity includes partlc~patlon at the Public Uhhty Comrmsslon of Texas (PUC) and at the Elecmc Rel~abdlty Counc~l of Texas (ERCOT) on issues affecting the City ERCOT has filed a set of Protocols with the PUC for approval The Protocols are procedures and pohc~es that wrll guide the operations of the electric market m ERCOT The PUC is in the process of approving these Protocols and subsequently revising its Substantwe Rules to incorporate the Protocols The C:ty has been active in protecting its interest in the deveiopment of the Protocols and will need to follow the process through the revismn to the PUC Substantive Rules to unsure the gains it has made are preserved in the fmal rules and procedures Of particular importance are the rules that affect utilities with generating resources outrode its ERCOT congestion zone (such as Gibbons Creek) and rules that affect the dlstr~butmn of costs for lntrazonaI congesaon, ERCOT adrmmstrat~ve fees, and the handling of other market related costs that wllI continue to directly affect the City even after the sale of Spencer and the hydroelectric generating assets In add21on, changes to PUC Substantive rules affecting transrmsszon cost of service (TCOS) will directly affect the City's TCOS filing This is also a legislative session year and legislation enacted tins summer can lead to additional changes in ERCOT Protocols and PUC rules These and other regulatory related actiwt2es will directly and indirectly affect the City's municipal electric system and its ability to contribute to the funding of City operations 1 of 5 EXHIBIT II Implementatzon of Transzt~on Power Agreement In addition to the regulatory issues, tins Task Order will provide for assistance to Staff to facthtate the transition after the sale of the Spencer and hydroelectric generahng assets RJC wtll work w~th Staff and the new suppher to coordinate nnplementat~on issues winch can include msues associated with bllhng, metenng, settlement and other Quakfied Scheduhng Entity (QSE) ~ssues RJC WLI1 also work with DME staff to monitor for a few months the wholesale suppher costs to insure it meets the Transihon Power Agreement (TPA) terms and insure that the appropriate Staff is farvahar with the mechanics of the Inllmg under the TPA so that they can conhnue auditing the TPA on a monthly bas~s Revxew of Fmanczal Model In tins area of achvlty, RJC will work w~th staff in rewewmg and ftne barang DME's flnanc~aI model to fac~htate budgeting and forecasttng under the new supply arrangement, as well as looking at other changes that may be needed to incorporate recent industry changes RJC may also work on other act~wt~es as tdentrfied by the Ducector of Electric Ub. htaes Scope of Services Task A PUC/ERCOT/Leg~slat~ve Assastance Task A-1 Attending Workshops At PUC And ERCOT RJC will stay m.formed on act~whes at the PUC and ERCOT Independent System Operator (ISO) and w~ll attend workshops as needed 2 When appropriate, R~C will participate tn workshops to represent interests of Ctty based on d~rect~ons of Staff 3 R]C w~ll work w~th Staff m developing posmons winch should be taken and strategies for working w~th pari~es involved Task A-2 Analyze Proposed Rules and Pohczes Proposed new rules and rule changes from the PUC and associated proposed pohcles from the ISO wflI be analyzed 2 RJC wR1 d~scuss proposed new rules and protocols, and changes to ex~stmg rules and protocols with Staff, helpzng to ldent~y areas of concern and preparing posmons that represent the interests of the C~ty 3 RJC w~ll meet with PUC staff and other part~es as appropriate to discuss proposed rules and protocols, and present the City's concerns regarding such proposals 2of5 Task .4,-3 Preparahon of Comments 1 R~C ~ prepaze or assist m preparing comments to be £ded web the PUC representing City's position on issues brought up m proposed rules and dockets 2 These corninents w]]l be coordinated through Staff and the City's legal team 3 R~C w~I1 assmt the Clty's legal team as necessary m the prepaxation and fikng of comments Task A~t %Vork ~,Vith Staff And Legal Team 1 R~C wllI have continuing cornrnun/catlon with Staff and the City's legal team m order to momtor proposed industry changes and address those issues affecting mumcipalmes 2 An on~going dialog wU be maintained with Staff and the legal team m order to evaluate chan~mg operatm§ and market requirements and condltlons, and evaluate potential effects on City operations 3 Lr~formation necessary to supplement and support the decision making process w~l be provided as requested Task A-5 Techrucal Support 1 RJC wdl provide techmcal support to the City's legal team to assist in the evaluation of proposals and the potential impact on the C~ty under d~fferent scenarios 2 R~C wllI provide teckmcaI support to Staff, providing information as requested from tune to time to assist Staff in Its evaluations and planmng processes 3 R~C will evaluate scenarios and proposals from perspectwe of City ut]kty and as a member of TMPA Task B Implementation of Trans~hon Power Agreement Task B-1 Change-Over Issues 1 RJC w~ll work w~tk Staff and suppher as needed to coordinate the change-over of the Spencer and hydro generation nato a purchase power contract 2 Tkts may include issues between the ISO, suppher and DME, or other issues that arise m connection w~th the implementation of the TPA 3 In particular, TPA issues such as penalttes assocmted with scheduling and umt ava~Iabihty concerns for Gibbons Creek, as weI1 as other contract terms w~lI 3of5 be d~scussed with the appropriate Staff that will be responsible for monitoring comphance of DME and suppher to TPA terms Task Bo2 Admlrus~ration of TPA Bllhng 1 R~C w~II morutor the billing from supplier for the first few months to insure the bilhng terms are properly implemented between City and power supplier 2 R~C will assist Staff mdevelopmg auditing procedures for auditing monthly billing and work with Staff m automabng the audit process Task C Rewew of Financial Model Task C-1 Review of F~nancxal Model 1 R~C will work with Staff to review the DME financial model and incorporate changes needed to model and forecast power bdhng under the TPA 2 RJC will also discuss with Staff other posstble changes needed to reflect changing ERCOT operations and market condlbons, particularly m the area of how changing gas prices will affect power blllmg to DME, new ERCOT fees to look for, and new loss allocations w~ttnn ERCOT Task C-2 Natural Gas Forecast 1 RJC wrll provide a forecast of natnral gas prices to use in the financial model 2 The forecast will include a range of prices based on scenarios tdentffled by Staff 3 RJC will assist Staff m reviewing the financial model to insure assumptions regarding gas prices and electric prices are consistent for each ldenhfled scenario Budget Based on prior experience in worktng with these issues, RJC recommends a budget of not to exceed $75,000 for labor and expenses be approved This budget will not be exceeded without prior approval of the City RJC will bill monthly with supporbng documentation of acttwtles performed The work being performed will be under the supervision of the Director of Electric Utihties and may be modified at any time upon appropriate notice to RJC EXECUTED tins day of ,2001 4of5 AUTHORIZED BY ACCEPTED BY CITY OF DENTON, TEXAS R J COVINGTON CONSULTING Dated Dated ATTEST APPROVED AS TO LEGAL FORM JENNIFER WALTERS HERBERT L PROUTY CITY SECRETARY CITY ATTORNEY Dated Dated S \Our Documents\Con~acts\O1 \R~ck Covington Consul~ng Task Order O1-B doc 5of5 AGENDA INFORMATION S~EET AGENDA DATE' March 6, 2001 DEPARTMENT' Tax ACM Kathy DuBose, Fiscal and Mumclpal Serwces~ SUBJECT Consider approval of a tax ref~d to Thomas ~ & M~g~et Hook ~n the ~ount of $582 01 The 2000 prope~y tax was prod twice BACKGROUND Chapter 31 11 of the Texas Prope~y Tax Code reqmres the approval of the governing body of the tatung umt for refunds m excess of $500 00 Two checks for $582 01 were received for pa~ent on Thomas E & M~garet Hook's accost, resulting m ~ ove~a~ent of $582 01 All documentation necess~ for re~d ~s attached FISCAL INFO~ATION The tax oveCayment revenue ~nd would be reduced by $582 01 E~IBITS Apphcat~on for Refund Respectfully submitted Director of Fiscal Operations APPLICATION FOR TAX REFUND Collecting office name ' Colleuhl,~, tax for (taxing units) CITY OF DENTON TAX OFFICE . ~ ~ ~ 1 ~n ~l~l t3~l CITY OF DENTON Present mailing address (number and street) - .-- v ,,,-,- .-, ~ 60t E HICKORY SUITE F City, town or post office, state, ZIP code Phone (area code and number) DENTON, TX 76205 940) 349-8318 FAX (940) 349-721~1 To apply for a tax refund, the taxpayer must complete the following Step 1 THOMAS E & MARGARET HOOK Present Malting Address (number and street) Owner's name 721 WWINDSORST City, to~n or post office, state, ZIP code Phone (area code and number) and address DENTON TX 76207-7724 Step 2 Legal description (or attach copy of the tax bill or tax recmpt) Describe NORTHRIDGE SUBD, BLOCK 1, LOT 1 [he property Address or location of property 721 W WINDSOR ST Account number of property Tax receipt number 105294 OR 0004'120274 Name of Taxing Year Date Amount Amount Unit From Which For Which Refund Of The Of Of Tax Refund Refund is Re(~uimd Is Requested Tax Payment Taxes Prod Requested Step3 1 City of Denton 2000 12/30/00 $ 58201 G~ve the tax 2 Clt7 of Denton 2000 11/7/00 $ 582 01 $ 582 01 payment informabon Taxpayer's mason for refund ( attach supporbng documentabon) * 2000 TAX WAS PAID TWICE · 1 hereby apply for the refund of the above-described taxes and certify that the ~nformation I have g~ven on Step 4 this foFn ia tree and correct to the best of my knowledge and behef * ~lgnatur~ ./~,~ [.)ate or application tot tax re'~nd S~gn the form s~gn here ~[~ ~"~ ~/~ Any person who makes a false entry upon the foregoing record shall be subject to one of the following penalties 1 Impnsonment of not more that the 10 yearn nor less than 2 years and/or a fine of not more than $5,000 or both such fine and imprisonment 2 Confinement ~n lad for a term up to 1 year or a fine to exceed $2,000 or both such fine aad imprisonment as set forth in Section 37 10, Penal ~ode 2 AGENDA INFORMATION SHEET AGENDA DATE. March 6, 2001 DEPARTMENT. Tax ACM Kathy DuBose, Fiscal and Municipal Services'~ SUBJECT Consider approval ora tax refund to Pitney Bowes in the amount of $8,216 31 The 1999 property tax was pard twine BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the governing body of the taxing umt for refunds tn excess of $500 00 Two separate checks were received from P~tney Bowes, Inc on 9/7/00 and 9/22/00 to pay 1999 dehnquent tax, resulting tn an overpayment of $8,216 31 All documentation necessary for refund ~s attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $8,216 31 EXHIBITS Apphcat~on for Refund Respectfully submttted Diana Omz Dtrector of F~scal Operattons AI~PL,~ATION FOR TAX I ~ollectln~ office name I Collecting tax for (taxing units) CITY OF DENTON CITY OF DENTON TAX OFFICE Present mailing address (nUmber and street) B01 E HICKORY SUITE F City, town or post office, state, ZIP code Phone (area code and number) DENTON, TX 76205 (940) 349-8318 To apply for a tax refund.thetaxpa~/er must complete the following I ~Wnersl~ame Step 1 IPITNEY E~OWES I Present Mailing Address (number and street) Owner's name ITAX SERVICE 41-19, WALTER H WHEELER JR DRIVE I C;ty, town or post office, state, ZIP code Phone (area code and number) andaddress ISTAMFORD CT 06926-0710 (Z-O~,) ; ~/ - 7~/~/ Stap 2 ~ Legal description (or attach copy of the tax bill or tax receipt) Descnbe ~PERSONAL PROPERTY VARIOUS LOCATIONS IN DENTON, MAILING EQUIPMENT the property ~ Address or location of property ~VARIOUS I Account number of property Tax receipt number I 9na'J~')~A OR 0001130040 ! Name of Taxing Year Date Amount Amount I Unit From Which For Which Refund Of The Of Of Tax Refund I Refu,nd is Required I Is Requested Tax Payment Taxes Pa~d Requested Step 3 I1 Clt7 o~' Dentgn 1999 917100 $ 8,079 37 Give the tax 12 City of Denton 1999 9/22/00 $ 8,216 31 $ 8,216 31 45 Taxpayer's reason for refund ( attach supporting documentation) 1 999 TAX WAS PAID TWICE - THE SECOND /CTCK RECEIVED, #5204577, IN THE AMOUNT OF $8,216 31 RESULTED IN AN OVERPAYMENT ! I hereby apply for the refund of the above-descnbed taxes and cerhty that the ~nformabon I have g~ven on Step 4 / th~s form Is true and correct to the best of m)' knowl~dge and belief * / ~ ~tgna[ure ./ jj uate o~' application tor tax reluncl IAny pers°n wh° mu'es ` alae ant the f°reg°ing record sba" ba sub'ect t° °ne °fthe fo"°w'n9 penalties ~ ~ I Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5 000 or both I such fine and imprisonment 2 Confinement ~n jail for a term up to 1 year or a fine to exceed $2,000 or both such / fine and imprisonment as set forth ~n Section 37 10, Penal ~de 2 AGENDA INFORMATION SHEET AGENDA DATE. March 6, 2001 DEPARTMENT: Tax ACM Kathy DuBose, Fiscal and Municipal Servlces"~ SUBJECT Consider approval of a tax refund to Mary Gonzales in the amount of $679 43 The 2000 property tax was prod twine BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing umt for refunds in excess of $500 00 The mortgage company, as well as, the homeowner prod for the 2000 property tax for Mary Gonzales Two payments for $67943 were received on 11/29/00 and 12/29/00, resulting ~n an overpayment All documentatton necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $679 43 EXHIBITS Application for Refund Respectfully submitted Diana Omz Director of Fiscal Operations FEB ? 2001 8 @SAM MOBIL OIL / TEMGIZ 214 905 7194 MO 303 P 1/1 APPLICATION FOR TAX REFUND ~lle~ng ~ Mr, (mxlflg unto) FEB - 2001 ~ ~ OP DUNTON ICl E, HICKORY mU~ F ~[W, ~ or ~m ~, m, ZiP ~ ~none (a~ code aaa num~0 ~E~ON~ ~ 7e~ Fo apply for a t~ ~n~, the ~x~er mu~ ~m~l~ ~e ~l~ing u.,~ ~..,,~' " . , ~tep ~ ~RY & BMNDI GO~8 Prm~ Mall[fig Addrm (number aM ~afs name 9~3 G~NBEND DR ~. ~fl or p~t ~, ~a~, ZIP ~e IPh~e (area ~e and num~ m~ a~dmee DE~pN ~ 3e~c~be BE~,~ E~ pH II~ BLOOK F~ ~. pm~ Add~ or ~on ~ pm~ DR OR 0~t6~81 - ~2~90~1 U~R F~ ~l~ For ~l~ T~O; Paid ~ 3 2~0 1 l~g~ 6~ 43 of ~n 20~ 1~o $ 679 ~ 67g.~ Taxp~/al"s reason for refund ( aRach supporting dm=umentatlon) a ZOO0 TAX '1 hereby apply f~ the refund of tho above.described tsxe~ and certify that the Information I Mea given on thru the form / Z~o"~' [por~ the foregoing resord abaft be subject to one of the tollowfn9 penalties I Impdsmlmel~t of not more that tile 10 year. n~r less thru12 years and/or a fine of nof mom than $6,000 or both such fine and Imprisonment; 2, Co~rmmant In Jail for a term up to 1 year o¢ a fine to exc, e~ ;;2,000 or hath auah Date , , , AGENDA INFORMATION SttEET AGENDA DATE: March 6, 2001 DEPARTMENT. Tax ACM Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider approval of a tax refund to Kewn & Laurie Pearson m the amount of $629 75 The 2000 property tax was prod twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the governing body of the taxing umt for refunds m excess of $500 00 The 2000 property tax for Kewn & Laurie Pearson was prod twice Two payment for $629 75 were received on 10/13/00 and 12/29/00, resulting ~n an overpayment All doeumentatton necessary for refund ~s attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $629 75 EXHIBITS Apphcat~on for Refund Respectfully submitted D~rector of Fmcal Operations 1 P 02 Feb-OS-O! O2'OOP CITY OF DENTON .... / I APPi..iCATION ,._olledihO Mlii~ dllate0RTAX RPFU#D-- ' cc~G~ mx lot C[~.~ u~it~) ' :~ITYOFDEI~NTA~O~qqcE [~,r' ~j ,1 - ~"I"LO.'~ ZclTYOf DENTON ..... · tx ~l Jle4e) ~.e~lB, FAX (.40) K~WN & lAURIE PEAR601~,,, ,_,, ~m~l MIdgog ,'~dm~ (number am~ etreel) .a,,~ moa ¢O~E,( ,Dr!v~ ,, , . . , .... City iovm M peat ~ ~tl~ ZIP M~e ~Pmme (area code end ,M~,.,,~ :)ENTON TX 76207-1145I , , ,, hegel del~/~MJo~ ((a' eltiGfl ~y o~ ~he lax ~1 or tax ~ac~pl) · 'VT~,TGA'TG H. lll.8 NOR11'1 PH 3, eILOCK 1~ LOT ,5 Amounl l'mxe8. ~ cie/M DInMn 200O ,,1~ S 62976 S Tmqxlyer~ malen Mr refund ( attach &upizmtlng decumaMedon) * NC)&/~OWNIIR FAIO 204)0 TLY AND OTAX who ~ ii bJie anlq upon ~ fonegolng mco~d .~.11 IM a, ubjec~ tr) or~ of th* falk:w,'M9 penal~M 2 1 AGENDA INFORMATION SHEET AGENDA DATE' March 6, 2001 DEPARTMENT: Tax ACM Kathy DuBose, F~scal and Mummpal Serv~ces~ SUBJECT Consider approval of a tax refund to Pachard Andrew in the amount of $2,357 82 Thc 1999 property tax was paid twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the governing body of the taxing umt for refunds m excess of $500 00 Both the prewous and new owners of this property erroneously paid the 1999 property tax, resulting m an overpayment All documentation necessary for refund ~s attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $2,357 82 EXHIBITS Apphcatlon for Refund Respectfully submitted D~rector of Fiscal Operattons 'APPLICATION FOR TAX ;~EFUND Collecting office name Collecting tax for (taxing units) CITY OF DENTON TAX I~FFICE CITY OF DENTON =ressnt mailing address (~lumber and street) 601 E HICKORY SUITE F City, town or pest office, state, ZIP code Phone (area code and number) DENTON, TX 76205 1940) 349-8318 To apply for a tax refund, ~he taxpayer must complete the following uwnere flame Step 1 Richard G Andrew Present Mailing Address (number and street) Owner's name 14131 Midway Road, Suite 116 City, town or pest Office, state, ZIP code Phone (area code and number) and address Addison,~ Texas 75001-3639 ;)72-458-0655 Step 2 Legal desorlptlon (or attach copy of the tax bill or tax receipt) 3escflbe Estates Of Forrestridge Sec 1, Block C, Lot 3 Lhe property Address or location of property ~04 Wellln~on Ac, count number of property Tax receipt number #166Bt5 OR N~me of Taxing Year Date Amount Amount Unit From Which For Which Refund Of The Of of Tax Refund Refund Is Required Is F~e~ue~-ted Tax Payment Taxes Paid Requested Step 3 Clt~ ef Denton 1999 1126/00 $2,357 82 $2,357 82 payment 3 information 4 5 Taxpayer's mason for refund ( attach supporting documentation) *1 hereby apply for the refund of the above-described taxes and cert~y that the information I have given on Step 4 this f~rm Is true and correct to the best of m~ knowledge and belief * $,gn the form :legrne,~)~lgnatur~.~_~~ uateorappiicaii(;,n.rtaxremna~ -~ -~ / Any person who makes a false entry upon the foregoing record shall be subject to one of the following penalties 1 Imprisonment of not more that the 10 yssm nor less than 2 years and/or a fine of not moro than $5,000 or both such fine and Imprisonment, 2 Confinement In jarl for a term up to 1 year or a fine to exceed $2,000 or both such flne,~,n( Imprisonment as set forth In Section 37 I0, Penal Code ~ , ~ ~ , *~ ~'~;~ ~;~ . determination here{ ~ ~*~ "' ~'~/~,/0 / 2 AGENDA INFORMATION SHEET AGENDA DATE: March 6, 2001 DEPARTMENT' Tax ACM' Kathy DuBose, Fiscal and Municipal Services~ SUBJECT Consider approval of a tax refund to Scott Brown m the amount of $1,333 91 The 2000 property tax was paid twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500 00 The 2000 property tax was paid for by NETS mortgage company on 12/29/00 and Scott Brown on 1/30/01, resulting in an overpayment of $1,333 91 All documentation necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $1,333 91 EXHIBITS Apphcat~on for Refund Respectfully submitted rtlz Director of Fiscal Operations APPLICATION FOR TAX REFUND .Collecting office name Collecting tax for (taxing units) =, O DE.TO. TAXO F,CE FEB 1- 2001 C O OE.TO. =resent mailing address (number and street) ~0t E HICKORY SUITE F City, town or post office, state, ZIP code Phone (area code and number) DENTON, TX 76205 (940) 349-8318 FAX (940) 349-7211 To apply for a tax refund, the !~v-~n~-yer must complete the following Step 1 ;COTT BROWN Present Malhng Address (number and street) Owner's name 1400 DALLAS DRIVE SUITE B City, town or post office, state, ZIP code [Phone (area code and number) I and address DENTON TX 76205-8147 Step 2 Legal desc. ripbon (or attach copy of the tax b~ll or tax receipt) Describe COLLEGE, BLOCK 43, LOT 1 (ALLI, 2 (N10') the property Address or Iocet~on of property 100 - 104 AVE D Account number of property Tax receipt number 117825 OR 0004300664 Name of Taxing Year Date Amount Amount Unit From Which For Which Refund Of The Of Of Tax Refund Refund is Required Is Requested Tax Payment Taxes Pa~d Requested Step 3 Cit7 of Denton 2000 12/29100 $ 1,333 91 Give the tax Clt~ of Denton 2000 1130101 $ 1,333 91 $ 1 333 91 payment ~nformabon Taxpayer's reason for refund ( attach support;ng documentation) * PAID T~VlCE FOR 2000 BY NETS ON 12129 AND BY SCOTT BROWN ON tl30101 *1 hereby apply for the refund of the above-descnbed taxes and cerbfy that the ~nformat~on I have g~ven on th~s Step 4 form ~a true and correct to the best of m}~ knowledge and belief * ~gna~ure _ / f/ uate CT application tot tax re~unu ~,gn the form s,gn i~1r ~". ~.~_~ .~.--~/'y~ ~ here ~ ~ ~' ~ ~ ' - . Any per,on who makea a false ont~ upon tbs foregoing record ahell be sublect to one of the follow~ng penalties I Impn*onment of not more that the 10 years nor less than 2 years and/or a fine of not more than $$ 000 or both such fine and ~mpnsonmant, 2 ¢onficement m la~l for a term up to 1 year or e fine to exceed $2,000 or both such fine and ,et ~h ~n 8~on ~7 ~0, ~nal Cod~ 2 Agor~oa I~m~ AGENDA INFORMATION SHEET AGENDA DATE' March 6, 2001 DEPARTMENT. Tax Fiscal and Mumclpal Services ~ ACM Kathy DuBose, SUBJECT Conader approval of a t~ ref~d to Co~de Home Lo~s m the ~o~t of $2,137 29 The 2000 propc~y ~ax was pa~d ~me BACKGROUND Chapter 31 11 of the Texas Prope~y Tax Code rcqmres the approval of the governing body of the taxing umt for ref~ds m excess of $500 00 Both thc prcwous mo~gagc comply ~d thc new mo~gage company pad on accost ~166911, resulUng ~n ~ ove~aymcnt of $2,137 29 All documentation necess~ for re~d ~s attached FISCAL INFO~ATION The t~ ovc~a~ent revenue f~d would be reduced by $2,137 29 E~IBITS ApphcaUon for Re~d Respectfully submitted Diana Omz Director of Fiscal Operations ~r~.ICATION FOR TAX REFUND Ileeting office nome Collecting tax for (tsxing units) JAN 1 6 2001 Cl~ OF DENTON C ,I~'Y OF DENTON TAX OFFICE Present mailing address (nUmber and street) 601 E HICKORY SUITE F City, town or post office, state, ZIP code Phone (area code and number) DENTON, TX 7fi205 940) 349-8318 FAX (940) 349-72tl TO apply for a tax refund, the taxpayer must complete the following uwners Hame Step 1 JAMER S & CHRISTINA DARBY - PAID BY COUNTRYWIDE HOME LOANS Present Mailing Address (number and street) Dwner's name PO BOX 10211 City, town or post office, state, ZiP code Phone (area cede and number) and address VAN NUYS CA 91499-6089 Step 2 Legal descripbon (or attach copy of the tax bill or tax recoipt) Describe ESTATES OF FORRESTRIDGE SEC 1, BLOCK B, LOT 13 the property Address or location of property 43 WELLINGTON OAKS ClR Account number of property Tax receipt number 166911 OR 0004120766 Name of Taxing Year Date Amount Amount Unit From Which For Which Refund Of The Of Of Tax Refund Refund Is Required Is Requested Tax Payment Taxes Pa~d Requested Step 3 CIt~ of Denton 2000 12/20/00 $ 2,137 29 G~ve the tax 2 City of Denton 2000 1/12/01 $ 2 137 29 $ 2,137 29 ~ayment 3 nformabon 4 5 Taxpayer's reason for refund ( attach supporbng documentabon) * 2000 TAX WAS PAID BY WELL FARGO MORTGAG_~ AND BY COUNTRYWIDE HOME LOANS ON THE SAME DAY · 1 hereby apply for the refund of the above-descnbed taxes and cert~ty that the ~nformation I have given on Step 4 th~s form is t[ue and correct to the best of my knowledge and behef * tJare ot application tor tax retund ~slgn Sign the f°rm s~gn ~ ~ ~L....~ here Any person who makes a false entry upon the foregoing record shall be subject to one of the following penalbes 1 Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both such fine and imprisonment, 2 Confinement ~n jad for a term up to 1 year or a fine to exceed $2,000 or both such fine and imprisonment as set forth in Section 37 10, Penal Code 2 Oendaltem AGENDA INFO~ATION SHEET AGENDA DATE: March 6, 2001 DEPARTMENT Tax ~,X-~ ACM. Kathy DuBose, F~scal and Murat]pal Servtces SUBJECT Consider approval of a tax refund to Jerry Kelsoe m the amount of $7,814 17 Mr Kelsoe erroneously prod Ins Denton County and DISD taxes to the C~ty of Denton BACKGROUND Chapter 31 11 of the Texas Property Tax Code rcqmres the approval of the governing body of the taxing umt for refunds m excess of $500 00 Mr Kelsoe marled h~s property tax payment for the C~ty of Demon, Denton County, and DISD w~th one check, resulting m an overpayment of $7,814 17 All documentation necessary for refund ~s attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $7,814 17 EXHIBITS Apphcatmn for, Refund Respectfully submitted 'D~ana G Ort]z D;rector of F~scal Operations APPLICATION~oilecting officeFORnameTA'~ REFUND Collecting tax for (taxing units) :ITY OF OENTON TAX OFFICEFEB 2 - 2001ClTYOFDENTO" =resent mailing address tnumber and street) 50t E HICKORY SUITE F ~-ity, town or post office. ~tete, zip code Phone (area code and number) 3ENTON, TX 76208 (940) 349-8318 FAX (940) 349-7211 I'o apply for a tax refund, the taxpa}/er must complete the following uwners ~ame Step 1 JERRY M KELSOE Present Mailing Address (number and street) Owner's name PO BOX R C~ty, town or post office, state. ZIP code IPhone (area code and number) I and address DENTON TX 76202-1746 Step 2 Legal description (or attach copy of the tax b~ll or tax receipt) Describe (ELSOE ADDN, BLOCK 1, LOT 1, ACRES 1 409 the property Address or location of property 500600 N BELL Account number of property Tax receipt number 114855 OR 0003010048 Name of Taxing Year Date Amount Amount Unit From Which For Which Refund Of The Of Of Tax Refund Refund ~s Required is Requested Tax Payment Taxes Prod Requested Step 3 ~ City of Denton 2000 12/1/00 $ 10,480 60 $ 7,814 17 G~ve the taxI City of Denton payment mformat~on Taxpayer's reason for refund ( attach supporting documentahon) *SENT ONE CK TO US TO PAY CITY AND COUNTY 2000 TAX - THE OVERAGE SHOULD IS THE COUNTY TAX AMOUNT *l hereby apply for the refund of the above-described taxes and certify that the ~nformabon I have g~ven on th~s Step 4 form,m true and correct to the best of my kr~wled~e and bel;ef * ~lgn~ure J' /~' Iuata or app,catlon ror tax re~une s~gn ~ ~ S,gn the form here~ .,~]'~/'~'~. /~¢~ ~/~/~_ Iz ~' ~f Any "r.n wh~akes a false ent~-up°n the ~.go.ng re.rd shall be subje~ to one of the foll~,ng penalt,es I Impri~nment of not more that the 10 yearn nor less than 2 yearn and/or a fine of not more than $5,000 or both such fine and ~mpnsonment, 2 Confinement ~n ja,I for a term up to 1 year or a fine to ex.ed $2,000 or both such 2 AGENDA INFORMATION SHEET Data_--- ~ !~9 !~) ~ AGENDA DATE: March 6, 2001 Quesuons concermng th~s acqmsmon may be d~rected DEPARTMENT' Materials Management to J~m Coulter 349-7194 ACM' Kathy DuBose, Fiscal and Mumc~pal Serwces ~ SUBJECT: An Ordinance approving the assxgnment of a pubhc works contract between the C~ty of Denton, Texas and Henderson Construction, L LP for the construction of certain Mumc~pal Improvements known as the Western Pecan/Cooper Creek Project to Kebo Serwces, Inc which contract was previously awarded by the C~ty Councd pursuant to Ordinance No (2000-276), authorizing the C~ty Manager to execute the assignment on behalf of the C~ty and authorizing the expenchture of funds therefore, and prowchng for an effective date (B~d 2531 - Inflow/Infiltration Correct;ons for Western Pecan Creek & Cooper Creek, assigned to Kebo Services, Inc m the amount of $683,930) BID INFORMATION: Th~s ordinance ~s authorizing the assignment of a pubhc works contract ong~nally awarded by Councd to Henderson Construction, L L P to a different contractor Kebo Serwces, Inc The original award was Ordinance No (2000-276) cop~es of agenda mformat~on and ordinance are attached as Attachment 1 In an agreement w~th Henderson Construction L L P, they are jmmng w~th Kebo Serwces, Inc to comply w~th required bonding for the project The acceptance of tMs Tn-Party Agreement between the C~ty of Denton, Henderson Constructmn L L P and Kebo Serwce, Inc w~ll allow for protection of the contract price, comphance w~th bonchng requirements and performance of the ~ntended project RECOMMENDATION: We recommend this bM Tn-Party Agreement be approved as presented PRINCIPAL PLACE OF BUSINESS: Kebo Serwces, Inc Ft Worth, TX ESTIM,~TED SCHEDULE OF PROJECT' This project ~s now estimated to be substantially complete November 2001 FISCAL iINFORMATION: No changes m funding amount or source will be made The project ~s in the amount of $683,930 and w~ll be funded from CIP Bond funds Agenda Information Sheet March 6, 2001 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Agenda Information Sheet of September 5, 2000 Attachment 2 Ordinance 2000-276 1538 Agenda ATTACHMENT 1 AGENDA INFORMATION SHEET AGENDA DATE: September 5, 2000 Questions concerning thru acqmmt~on may be directed DEPARTMENT: Materials Management to Jim Coulter 349-7194 ACM. Kathy DuBose, Fiscal and Municipal Services SUBJECT: An Ordinance accepting competmve bids and awarding a public works contract for the construction of corrections for Western Pecan and Cooper Creek, providing for the expenditure of funds therefore, and prowdmg an effective date (Bid 2531 - Inflow/Infiltration Correctmns for Western Pecan Creek and Cooper Creek awarded to Henderson Construction, LLP m the amount of $683,930) BID INFORMATION. The aging of the sewer ~nfrastmcture of the City of Denton has resulted in overflows from the collection systems infiltrating into the sewer system With the addition of inflow and infiltration flows the capacity of the system m exceeded wluch can result in overflows through manholes The corrections for Western Pecan Creek and Cooper Creek include approximately 10,375 linear feet of samtary sewer rehabthtatlon (6,362 feet in Western Pecan Basin, and 4,013 feet in the Cooper Creek Basra) These corrections are necessary to reduce the amount of inflow and infiltration that enter the samtary sewer collection system The reduction in lnflowhnfiltratlon will improve collection system capacity and reduce peak loading at the wastewater treatment plant These corrections will enable the City of Denton to meet Its obligation and comply with the pre-negotmted schedule for sanitary sewer system corrections RECOMMENDATION' We recommend flus bid be awarded to tho lowest responsible bidder, Henderson Construction, LLP, in the amount of $683,900 PRINCIPAL PLACE OF BUSINESS' Henderson Construction, LLP Ft Worth, TX PRIOR ACTION OR APPROVAL. The Pubhc Utility Board considered and approved this recommendation on August 21, 2000 ESTIMATED SCHEDULE OF PROJECT. This project m scheduled to be substantmlly complete by April of 2001 ATTACHMENT 1 TABULATION SHEET B,d # 2531 Date 7/13/00 INFLOW/INFILTRATION CORRECTIONS FOR W PECAN CREEK & COOPER CREEK oI DEBCRli~IO ~1 VENDOR VENDOR VENDOR VENDOR YE~, VENDOR ~o ~ Henderson ~,~ ~,,Intra Rehab Bowles Texas Hall-Albert Construcbon, Cullum P~pe '~< ~ ~, Inc Constructions Sterhng ~ <, i LLP Principle Place of Bus~ness Haltom City Wichita Falls Ft Worth Ft Worth Ft Worth Dallas SUBTOTAL BID FOR INFLOW INFILTRATION CORRECTIONS FORW $813,546 00 $1,376,383 00 $550,453 35 $665,538 00 $477,350 00 $713,386 10 t PECAN CREEK SUBTOTAL BID FOR INFLOW INFILTRATION CORRECTIONS FOR $275,040 00 $497,070 00 i $220,275 80 $225,658 00 $206,580 00 $306,338 80 2 COOPER CREEK TOTAL BID $888,586 00 $1,873,453 00 $770,729 15 $891,196 00 $683,930 00 $1,019,724 90 BID BOND YES YES YES YES YES YES INFLOW/INFILTRATION CORRECTIONS FOR WESTERN PECAN CREEK AND COOPER CREEK WATE~ASTEWATER ENGINEERING ~nch equals 5,000 ~et ,/ ATTACHMENT 2 ORDINANCE NO 000- AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF CORRECTIONS FOR WESTERN PECAN AND COOPER CREEK, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2531 - INFLOW/INFILTRATION CORRECTIONS FOR WESTERN PECAN CREEK AND COOPER CREEK AWARDED TO HENDERSON CONSTRUCTION, LLP IN THE AMOUNT OF $683,930) WHEREAS, the City has sohcltcd, received and tabulated competitive bids for the construction ofpubhc works or nnprovements m accordance w~th the procedures of STATE law and City ordmancas, and, WI-IEREAS, the City Manager or a designated employee has received and recommended that the hereto described bids are the lowest responsible bids for the construction of the public works or improvements dascrlbed m the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CH'Y OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specfficahons on file in 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 2531 Henderson Construction, LLP $683,930 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III. That the, City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive b~ds and the execution of contracts for the pubhc works and ~mprovements as authorized herein, the City Council hereby authorizes the expext&ture of funds ~n the manner and in the amount as specified ~n such approved b~ds and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ,2000 EULINEBROCK, MAYOR ATTEST JENNIFERWALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY BID 2531 - CONTRACTUAL ORDINANCE 8-2000 C \WINDOW?TEMP\Hcnderson Assignment doc ORDINANCE NO AN ORDINANCE APPROVING THE ASSIGNMENT OF A PUBLIC WORKS CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND HENDERSON CONSTRUCTION, L L P FOR THE CONSTRUCTION OF CERTAIN MUNICIPAL IMPROVEMENTS KNOWN AS THE WESTERN PECAN/COOPER CREEK PROJECT TO KEBO SERVICES, INC , WHICH CONTRACT WAS PREVIOUSLY AWARDED BY THE CITY COUNCIL PURSUANT TO ORDINANCE NO 2000-276, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSIGNMENT ON BEHALF OF THE CITY AND AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR. AND PROVIDING AN EFFECTWE DATE (PROJECT AMOUNT- $683,930) WHEREAS, the City of Denton, Texas and Henderson Construction L LP ("Henderson") have heretofore entered in to a public works contract for the construction of certain mumclpal improvements for inflow/infiltration corrections known as the Western Pecan/Cooper Creek Project, which contract was previously awarded to Henderson pursuant to Ordinance No 2000-276 (the "Contract"), and WHEREAS, Henderson has requested that the Contract be assigned to Kebo Services, Inc, and WHEREAS, the Cay Council finds that such assignment is in the public interest, NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS SECTION 1 The assignment of the Contract is hereby approved in substantially the form of the Assignment of Contract and Tn-Party Agreement attached hereto and made a part hereof reference (the "Assignment") The City Manager or his designee is hereby authorized to execute the Asslgrmlent on behalf of the City of Denton, Texas SECTION 2 The City Manager is authorized to make the expenditures as set forth in the Contract and Assignment SECTION 3 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ,2001 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Page 2 ASSIGNMENT OF CONTRACT AND TRI-PARTY AGREEMENT WHEREAS, on the day of ,2001, the CITY OF DENTON, TEXAS, whose address ~s 901-A Texas Street, Denton, Texas 76201 (hereinafter sometimes called "the City") and Henderson Construction, L 1 P, whose address ~s , Fort Worth, Texas (hereinafter sometimes called "Henderson") made and entered into a certmn contract for the construction of certmn mumc~pal ~mprovements known as the Western Pecan/Cooper Creek Project (the "Contract") which Contract was awarded to Henderson m the amount of $683,930 through the competitive b~d process pursuant to C~ty Ordinance No 2000-276, dated September 6, 2000, and, WHEREAS, Henderson and , a surety bond company (the "Surety") have ~ssued performance and payment bonds dated the same date as the Contract, and WHEREAS, Henderson desires to assign the sa~d Contract to Kebo Services, Inc whose address is 2821 Lackland Road, Suite 208, Fort Worth, Texas 76116 (hereinafter samet~mes called "Kebo") and Kebo desires to accept assignment of sa~d contract from Henderson, and, WHEREAS, the Surety has s~gned th~s agreement ewdenclng ~ts consent to the assignment, and WHEREAS, thc C~ty has agreed to allow such assignment, conditioned upon the terms of th~s assignment Page 1 C \WINDOWS\TEMP~.SSIGNMI~NT OF CONTRACT Henderson doc NOW, THEREFORE, IT IS MUTUALLY AGREED the City, Henderson and Kebo as follows 1 For and ~n consideration of the covenants and obligations of Kebo as hereinafter set forth, Henderson assigns all benefits inuring to it under the Contract to Kebo, including the right to receive payments for any and all pay items set forth in the Contract together with payment for any change orders or payments for additional work that may subsequently be made by the City 2 For and ~n consideration of the assignment of all benefits under the Contract by Henderson to Kebo, Kebo agrees to commence and complete all the work described ~n the Contract, and all extra work connected therewith, under the terms stated in the contract documents, and at its own proper cost and expense to furnish all the materials, supphes, machinery, equipment, tools, supenntendent, labor, bonds, insurance, and other accessories and services necessary to complete the said construction, in accordance with the contract documents, which include all maps, plats, bluepnnts and other drawings and pnnted and written explanatory matter thereof, and the specffications thereof, as prepared by the engineers employed by the City, together with the contractor's written proposal and the other parts of the contract documents, including the general specifications Kebo agrees to commence work within ten (10) days after the date written notice to do so shall have been g~ven to it, and to substantially complete same within the time stated in the Contract 3 The City approves th~s assignment, subject to the terms and conditions hereof, and subject the receipt of new performance and payment bonds from the Surety which add Kebo as an additional pnnclpal The City agrees to pay to Kebo Services, Inc, and Page 2 C \WINDOWS\TEMP~ASSIGNMENT OF CONTRACT Henderson doc not to Henderson, in current funds for the performance in accordance with the Contract, subject to additions and deductions, as provided tn the contract documents and all approved modifications thereof, and to make payment on account thereof as provided in the contract docments 4 It ts further agreed by all parties that Kebo shall be authorized to execute and submit any and all reqmred documents required by the City in connection w~th the Contract, including but not limited to certified payroll reports, partial pay estimates, final pay estimate, change orders and any documents needed for completion of the Contract In connection therewith, in the event any documents reqmre the approval, submission or execution by Henderson, Henderson irrevocably appomts Kebo its true and lawful attorney-in-fact to approve, submit or execute such document or documents on its behalf as ~ts attorney-m-fact 5 It is further agreed that th~s assignment shall tn no way release Henderson from any of ~ts obllgat~ons under the Contract, and shall tn no way release Henderson from its obhgatlon to perform the work described tn the contract documents, and tn any event of default by Kebo, the City may seek and obtain any remedies as provided ~n the contract documents agmnst Henderson or Kebo or Henderson and Kebo, jointly and severally Any notices of default that are provided for tn the contract documents shall be dehvered to both Henderson and Kebo The approval by the C~ty of this assignment shall not operate to release Henderson or the Surety from any of the Contract and bond obligations, and Henderson shall be and remain fully responsible and hable for the defaults, neghgent acts and omissions of Kebo, ~ts agents and employees, as tf they were its own Page 3 C \WlNDOWS\TEMP\ASSIGNMENT OF CONTRACT Henderson doc 6 Th~s agreement contmns the entire agreement of the parties and cannot be amended except by an ~nstmment m writing s~gned by all of the parties 7 Thru agreement is to be performed m Denton County, Texas and venue of any actions under th~s agreement shall be ~n Denton County, Texas IN WITNESS WHEREOF, the part~es to these presents have executed ttus agreement to be effective as of the date of the Contract as above written CITY OF DENTON By Mmhael W Jez, C~ty Manager ATTEST Jermlfer Walters, C~ty Secretary APPROVED AS TO FORM Herbert L Prouty, C~ty Attorney HENDERSON CONSTRUCTION, L L P By Bryan Henderson, General Partner KEBO SERVICES, 1NC By Robert Alhson, President Page 4 C \W1NDOWS\TEMP~ASSIGNMENT OF CONTRACT Henderson doc The Surety hereby consents to th~s assignment and agrees that this assignment w~ll not operate to release Surety from any of the Contract and bond obbgat~ons The Surety agrees to issue and deliver new performance and payment bonds which add Kebo as an additional pnnc~pal Attorney ~n Fact Page 5 C \WINDOWS\TEMPkASSIGNMENT OF CONTRACT-Henderson doc AGENDA INFORMATION SHEET AGENDA DATE. March 6, 2001 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Ed Hodney 349-8271 ACM Kathy DuBose, Fiscal and Municipal Services~ SUBJECT: An Orchnance accepting competitive bids and awarding a public works contract for the construction of neighborhood parks and playground improvements, providing for the expenditure of funds therefore, and providing for an effective date (Bid 2630 - Neighborhood Parks and Playground Improvements Project, awarded to Playground Specialist, Inc, in the amount of $224,479 83 including Alternates 1 and 4) BID INFORMATION: This bid is for the construction of Playground Improvements in Avondale, Bowling Green, Evers, Mack South, Mack North, and Mllam Parks The projects include paving improvements, turf components, erosion control, playground components, dnnkmg fountains, fences and other improvements Each park will receive varying combinations of these activities RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder, Playground Specialists, Inc in the amount of $224,479 83 including (Alternate 1) TOT Playground Equipment and (Alternate 4) Surface Matting for Avondale Park PRINCIPAL PLACE OF BUSINESS' Playground Specialists, Inc Lewisvflle, TX ESTIMATED SCHEDULE OF PRO,IECT: This project can be substantially completed within 120-calendar days after receipt of notice to proceed or approximately July 15, 2001 FISCAL INFORMATION: This Park Improvement Project will be funded from CIP Fund Account (461-031-PARK-9803- 9157) Res~p.~ctfully s}/~mltted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1537 Agenda ATTACHMENT 1 TABULATION SHEET BID 2630 DATE 2/6/01 I NEIGHBORHOOD PARKS & PLAYGROUND IMPROVEMENTS PROJECT N0I DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR PARKS FOR SENECA PLAYGROUND ED A WILSON ITEMS ETC DBR PLAY INC CONTRACTING SPECIALISTS Pnnciple Place of BuSiness FORT WORTH FORT WORTH DENTON RICHARDSON DENTON LEWISVILLE 1 TOTAL BASE BID $272,24600 $ 248,50000 $ 264,20000 $ 247,08900 $ 273,68600 $215,66458 ALT # 1"Toddler Four" 2 $ 11,56200 $0 $ 6,90000 $9,18500 $ 13,14000 $7,97525 Play Equipment I ALT # 2 8' W~de H~ke/B~ke 3 Trad from BowhngIGreen St $ 33,50000 $ 36,000 00 $ 24,00000 $ 37,295 00 $ 23,805 00 $ 23,751 00 to North Lakes Park Trad 4 ADDENDUM # 1 YES YES YES YES YES YES ADD #1- ALT # 3 F~bar 5 System 312 Playground $0 $ 24,950 oo $ 36,034 oo $0 Cush~on~og ADD #1- ALT # 4 GT-X 6 Surfacing System Rubber $ 1,240 00 $ 1,500 00 $ 1,10000 $ 2,582 00 $ 84000 Mats ALT 7 ADDENDUM # 2 YES YES YES ADDENDUM #2 YES NO $1,720 00 8 BID BOND YES YES YES YES YES YES ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF NEIGHBORHOOD PARKS AND PLAYGROUND IMPROVEMENTS, PROVDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVDING FOR AN EFFECTIVE DATE (BID 2630 - NEIGHBORHOOD PARKS AND PLAYGROUND IMPROVEMENTS PROJECT, AWARDED TO PLAYGROUND SPECIALIST, INC, IN THE AMOUNT OF $224,479 83 INCLUDING ALTERNATES 1 AND 4) WHEREAS, the C~ty has sohc~ted, received and tabulated competmve Nds for the construction of pubhc works or ~mprovements ~n accordance w~th the procedures of STATE law and C~ty orchnances, and WHEREAS, the C~ty Manager or a designated employee has mcetved and recommended that the herren described Nds are the lowest responsible Nds for the construction of the pubhc works or ~mprovements described ~n the Nd mvltatmn, Nd proposals and plans and speoficat~ons them~n, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SI~CTION I That the following competitive Nds for the construction of pubhc works or ~mprovements, as described m the "B~d Invitations", "B~d Proposals" or plans and spectficat~ons on file ~n the Office of the C~ty's Purchasing Agent bled according to the Nd number assigned hereto, are hereby accepted and approved as being the lowest responstble Nds BD NUMBER CONTRACTOR AMOUNT 2530 Playground Specmhst, Inc $224,479 83 SECTION II That the acceptance and approval of the above competmve Nds shall not constitute a contract between the Ctty and the person submitting the btd for constmctton of such pubhc works or ~mprovements here~n accepted and approved, until such person shall comply w~th all reqmrements specified m the Not~ce to B~dders ~ncludtng the t~mely execution of a written contract and furmsh~ng of performance and payment bonds, and ~nsurance certificate after notification of the award of the Nd SECTION 111 That the C~ty Manager ts hereby authorized to execute all necessary written contracts for the performance of the construction of the pubbc works or tmprovements ~n accordance w~th the Nds accepted and approved heroin, provided that such contracts are made ~n accordance w~th the Notice to B~dders and B~d Proposals, and documents relating thereto spectfy~ng the terms, conditions, plans and specifications, standards, quantities and spectfied sums contmned theretn SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the pubhc works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds ~n the manner and ~n the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That th~s ordinance shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED this the day of ,2001 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2530 - CONTRACTUAL ORDINANCE (2 / 01) Agenda No ~--- Agenda Ite.m~--~P-MZ- AGENDA INFORMATION SHEET Date ~ I, (o [ 0 J I I I AGENDA DATE: March 6, 2001 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Ed Hodney 349-8271 ACM' Kathy DuBose, Fiscal and Municipal Services~-'~ st , Ec : An Ordinance accepting competitive bids and awarding a public works contract for the purchase of an 8' x 65' pre-fabricated bridge, providing for the expenditure of funds therefore, and providing for an effective date (B~d 2644 - Fred Moore Pre-Fabricated Bridge, awarded to Continental Bridge m the amount of $32,459 with delivery in 8 weeks) BID INFQRMATION: This bid is for the purchase of a pre-fabricated pedestrian bridge for Fred Moore Park The bridge is a 65'x8' clear span of welded steel construction with wood declang The bridge will be delivered to the Fred Moore Park area and installed under a separate contract RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder, Continental Bridge, Inc in the amount of $32,459 PRINCIPAL PLACE OF BUSINESS: Continental Bridge, Inc Alexandria, MN ESTIMATED SCHEDULE OF PROJECT. Continental Bridge, Inc has offered a delivery schedule of 8 weeks after approval of shop drawings or approximately the second week of May 2001 The lower price offered by Steadfast Bridge, $31,738, included a 98-day delivery schedule or the second week in June Th~s made their bid unacceptable to meet the schedule for completion of the project before June 19, 2001 FISCAL INFORMATION: This Park,Improvement ProJect will be funded from CIP fund account (478-031-PARK-0037- 9001) Tom Shaw, C P M, 349-7100 , Pumhasing Agent Attachment 1 Tabulation Sheet 1536 Agenda ATTACHMENT 1 TABULATION SHEET BID 2644 Date 2/13/01 FRED MOORE PRE-FABRICATED BRIDGE PROJECT No I DESCRIPTION VENDOR VENDOR VENDOR VENDOR MARINE STEADFAST CONTINENTAL BRIDGE & EXCEL BRIDGE BRIDGES BRIDGES IRON MFG Principle Place of Bus~ness FT PAYNE, AL ALEXANDRIA, MN UTICA, IN SANTA FE, CA TOTAL BASE BID $31,738 00 $32,459 00 $32,895 00 $37,675 00 1 CASHIER BID BOND CHECK BID BOND BID BOND CASHIER CHECK DELIVERY 2 Weeks & 2 Weeks & 2 Weeks & 2 Weeks & DRAWINGS 13 Weeks 8 Weeks 14 Weeks 10 Weeks FABRICATION ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE PURCHASE OF AN 8' X 65' PRE-FABRICATED BRIDGE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2644 - FRED MOORE PRE-FABRICATED BRIDGE, AWARDED TO CONTINENTAL BRIDGE IN THE AMOUNT OF $32,459 WITH DEL[VERY IN 8 WEEKS) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City orchnances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein descnbed bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed accorchng to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2644 Continental Bridge $32,459 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certdlcate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specdymg the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive b~ds and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved ~lds and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED thru the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2644 - CONTRACTUAL ORDINANCE (2 / 0I) ~er~da Item, ,~1.~ AGENDA INFORMATION SHEET AGENDA DATE: March 6, 2001 Questions concerning this acquisition may be d~rected DEPARTMENT: Materials Management to Ross Chadwick 349-8110 Ray Wells 349-7108 ACM: Kathy DuBose, F:scal and Mumc~pal Serwcea¥_.~..~ SUBJECT: An Ordinance prowchng for the expenditure of funds for the purchase of 800 MHz Mobile Radios and Accessories which are avmlable from only one source ~n accordance with the provls~ons of State Law exempting such purchases from reqmrements of competmve bids, and prowdmg an effective date (PO 13144 - Motorola Customer Connection, ~n the amount of $60,353 15 for Mobile Radios) PURCHASE ORDER INFORMATION: Th~s s~ngle source purchase ~s for three (3) mobile and e~ghteen (18) hand held radios for new Fire Fighting and EMS vehicles as well as replacement for out dated hand held umts The radios are Moto~*ola 800 MHz, compatible w~th our ex~st~ng 800 MHz Radio System and available only from Motorola Items that are only avmlable from one s~ngle source and protected by patent or copyright are exempt from the b~d process RECOMMENDATION: We recommend Purchase Order 13144 to Motorola Customer Connect]on be approved m the amount of $60,353 15 PRINCIPAL PLACE OF BUSINESS: Motorola Customer Connect]on Schaumburg, IL ESTIMATED SCHEDULE OF PRO,]ECT: The radios and assocmted equipment can be dehvered w~th~n 30 days of receipt of an order Programn'ung and installation will be completed as the new eqmpment arrives FISCAL, INFORMATION: These radios are considered part of the F~re F~ght~ng and EMS Eqmpment and w~ll be funded from Motor Pool Account (720-025-0584-9104) Agenda Information Sheet March 6, 2001 Page 2 Respectfully subnutted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 13144 to Motorola Customer Connection Attachment 2 Price Quotation for Motorola Customer Connection Attachment 3 Sole Source Certification 1534 Agenda ATTACHMENT 2 XTS3000-II H09UCFgPW7-N ASTRO D~g~tal Model II 800 MHz, 3w 1669 00 Q241 ANALOG Operabon (ASTRO ready) Included H37 SMARTNET system software 975 00 H499 Rugged~zed AS'FRO Housing (203 00) 100 00 H64 Yellow Housing Opbon 21 00 H223 Ultra H~ IS Battery NTN8297AR 39 00 (Special Free battery w~th purchase) 2804 00 Less STX trade-in promobon - 500 00 Price each 2304.00 NTN1168A Rap~d Charger (117 00) 98 00 NTN8298AR Ultra H~ IS Battery 87 00 ATTACHMENT 3 Fehruary22,2001 City of Denton, Texas Attn Tom Shaw Denton, Texas Mr Shaw, Thank you for your mterast m Motorola radio products for thc City of Denton's commumcatlons needs Motorola ~s proud to be the supphcr ofradlo cqmpment for the c~t~cs pubhc safety and electric department rcqmrcmonts Tho City of Denton utflmas a Motorola SmartNet Commumcat~ons system SmartNet ~s a Motorola trademark for the soilware development tailored to pubhc safety agencies Ttus technology m available only through Motorola's D~rect D~stnbutlon Channel Dealers and othnr d~stnhntmn channels cannot offer the SmartNet technology m the radio equipment they may sell For tim mason, Motorola ~s a sole source prowder for the C~ty of Denton's portable and mobile radio commumcatmns needs If you should have any quastlom or reqmre additional mformat~on, please do not hcstltate to g~ve me a call at (972) 501-1380 Regards, MOT OROLA, Inc Becky Smartt Account Manager ORDINANCE NO AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF 800 MHZ MOBIIF, RADIOS AND ACCESSORIES 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 13144 - MOTOROLA CUSTOMER CONNECTION, IN THE AMOUNT OF $60,353 15 FOR MOBILE RADIOS) WHEREAS, Section 252 022 of the Local Government Code provides that procurement of items that are only available from one source, ~ncludlng, ~tems that are only available from one source because of patents, copyrights, secret processes or natural monopohes, films, manuscripts or books, electricity, gas, water and other utility purchases, captive replacement parts or components for equipment, and library materials for a public hbrary that are avmlable only from the persons holding exclusive distribution rights to the materials, need not be submttted to competitive bids, and WHEREAS, the City Council wishes to procure one or more of the ~tems mentioned ~n the above paragraph, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following purchase of materials, equipment or supplies, as described in the "Purchase Orders" hsted hereon, and on file ~n the office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 13144 Motorola Customer Connection $ 60,353 15 SECTION II That the acceptance and approval of the above items shall not constitute a contract between the C~ty and the person submitting the quotation for such items untd such person shall comply with all reqmrements specified by the Purchasing Department SECTION III That the C~ty Manager is hereby authorized to execute any contracts relating to the items specified ~n Section I and the expenditure of funds pursuant to said contracts is hereby authorized SECTION IV That this orchnance shall become effective lmmechately upon ~ts passage and approval PASSED AND APPROVED this the day of ,2001 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 13144 - Motorola SOLE SOURCE 2001 Aqenda ~0~ P,~eltda h~m ~ AGENDA INFORMATION SHEET AGENDA DATE: March 6, 2001 Quesnons concemmg th~s acqms~t~on may be d~rected DEPARTMENT: Materials Management to J~m Coulter 349-7194 ACM: Kathy DuBose, F~scal and Mumc~pal Serwce~ SUBJECT: An Ordinance accepting competitive b~ds and awarding an annual contract for the pumhase of Enwronmental Laborato~ Serwces, prowd~ng for the expen&tum of funds therefore, and prowd~ng an effective date (B~d 2605 - Enwronmental Laboratory Serwces aw~ded to Ce~es Enwronmental Laboratories, L L C, ~n ~e estimated annual amount of $145,000) BID INFOR~TION: Th~s b~d ~s for the annual contract to supply third pa~y laborato~ analys~s of sto~ water, waste water (mfluent ~d effluent) sludge, compost and sod staples as mqmred by the EPA and TNRCC to comply w~th pem~t restrictions Samples ~e taken and tests ~e run both as mqmmd (regularly scheduled) and at random (as needed) The estimates hsted ~e based on past h~stoncal data and may va~ based upon the needs of the C~ty of Denton ~COMME~ATION: We reco~end th~s be aw~ded to the lowest responsible b~dder, Ce~es Environmental Laboratories, L L C as hsted on Exhibit A of the Ordnance m the estimated annual amount of $145,000 PRINCIPAL PLACE OF BUSINESS: Ce~es Enwronmental Laboratories, L L C D~las, TX ESTIMATED SCHEDULE OF PROJECT. Th~s annual a~eement will mmmn m effect through M~ch 31, 2002 Ind~wdual tests wall be completed ~n 1 to 14 days as mqmmd FISCAL I~OR~TION' Funding for th~s laboratory serwce wall be t~en fo~ the following operation budget accounts * 625-082-0481-8502 for Sludge, Compost, F~eld Smphng * 625-082-0483-8502 for Influen~ffiuent Wasm Water * 625-082-0451-8958 forWater ShedProtect~on Analys~s Agenda Information Sheet March 6, 2001 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1530 Agenda ATTACHMENT 1 TABULATION SHEET BID # 2605 12-19-00 DESCRIPTION Talem, Inc Certes Enwronmental ITEM Laboratories, L L C Ft Worth, TX Dallas, TX PRICE PRICE 1 Influent and Effluent Wastewater Cadmmm DL 1 0 (ug/L) 5 50 9 96 Chromium DL 5.0 (ue/L~ ~,~50 9,96 Copper DL 10 0 (ug/L) 5 50 9 96 Lead DL 5 0 (ug/L) 11 00 9 96 Mercury DL 0 20 (ug/L) 11 00 9 96 Nickel DL 10 0 (ug/L) 5 50 9 96 Sliver DL 1 0 (ug/L) 5 50 23 10 Zinc DL 5.0 (u~/L) 5.50 23.10 Selemum DL 5 0 (ug/L) 11 00 23 10 Beryllmm DL 3 0 (ug/L) 5 50 9 96 Boron DL 100.0 (uWL~ ~,~0 9,96 Bar,um DL 20 0 (ug/L) 5 50 9 96 Arsemc DL 10 0 (ug/L) 5 50 9 96 Chrome(Hexavalent EPA 604. DDL 10.0 (u~/L) 15.75 21.00 Antimony DL 2 5 (ug/L) 11 00 23 10 Thallmm DL 1 0 (ug/L) 11 00 23 10 Aluminum DL 20 0 (ug/L) 5 50 9 96 Molybdenum DL 30 0 (ug/L) 5 50 9 96 Pur~eable aromatics - EPA method 602 50.00 42.00 Phenols - EPA method 420 1 25 00 35 00 Organochlorme pest,tides and PCB's - EPA method 608 85 00 189 00 Purgeable orgamcs - EPA method 624 75 00 105 00 SVOC's (Base/neutral, acid extractables) - EPA method 625 205 00 245 00 Aonen&x D to oart 122 nnorltv nollutant scan Table II. III. V 1300.00 962.50 Volatile orgamc compounds - EPA method 624 80 00 105 00 Seml-volatde orgamc compounds - EPA method 625 205 00 245 00 Toxlclty Characteristic leaching procedure, volatlles, semlvolatdes, pest/herb and metals 506 00 1022 00 Pesticides EPA 614 90 00 210 00 Pesticides EPA 617 90 00 210 00 Pesticides EPA 632 180 00 210 00 Pesticides EPA 618 85 00 157 50 Herblmdes EPA 615 90 00 175 00 Hexachlorophene EPA 604 1 180 00 210 00 40 CFR PART 122 APPENDIX D Table II 397 00 413 00 Table III (Wastewater) 124 00 199 50 Table III (Sludge) 124 00 199 50 Table IV 240 00 497 00 2 St0rmwater/Watershed Atraz;ne EPA method 525 2 DL 0 1 (ug/L) 80 00 35 80 Cvanazlne EPA method 525.2 DL 0.1 (ue/D 80.00 35.80 Prometon EPA method 525 2 DL 0 1 (ug/L) 80 00 35 80 S~mazme EPA method 525 2 DL 0 1 (ug/L) 80 00 35 80 Chloronvnfos EPA method 525.2 DL 0.1 (ue/L) 80.00 35.80 ATTACI{~ENT 1 TABULATION SHEET BID # 2605 12-19-00 · nwr( nmem Lanoratorv ongract DESCRIPTION Talem, Inc Certes Enwronmental ITEM Laboratories, L L C Ft Worth, TX Dallas, TX Dlannon EPA method 525 2 DL 0 I (ug/L) 80 00 35 80 Methyl azmphos SW-846 method 8270 C DL 0 1 (ug/L) 80 00 35 80 Malathion Std Methods 6630 DL 0 I (ug/L) 80 00 35 80 Metolachlor EPA method 525 2 DL 0 1 (ug/L) 80 00 35 80 Pendlmethahn DL 0 1 (ug/L) 80 00 35 80 2, 4-D Std Methods 6640B DL 0 1 (ug/L) 80 00 177 19 Carbaryl SW-826 method 8270 C DL 0 1 (ug/L) 162 00 157 50 Tebnthmron EPA 525.2 DL 0.1 (u~,/L3 80.00 35.80 Dturon DL 0,1 (ue/L/ 80.00 262.50 3 Sludge/Sod Nitrate Nitrogen (NO3-N) 9 50 35 00 Ammoma Nltroc, en (NH3-N3 9,50 42.00 Total Nitrogen (TKN) [determined by Kjeldahl digestion] 24 00 38 50 pl~osphorus (extractable3 14,00 31.50 Potassium (extractable) 5 50 21 00 Sodium (extractable3 5,50 21.00 Maonesium (extractable3 5,50 21.00 Calcium (extractable3 5.50 21.00 Soluble Salts/EC [Electrical Conductivity (EC) - determined 7 00 14 00 from extract of 2.1 (v/v/water/soil mixture.1 Soil Water pH (S U ) - [electrometrm method in "Test Methods 4 00 14 00 for Evaluating Solid Waste, EPA SW846, 40CFR 260 11 Method 9040 is annroonate for determmm~ oH.I Total Arsenic (me/kc3 5,50 10.94 Total Cadmium (m~,/k~) 5.50 10,94 Total Chromium (mc,/ke) 5,50 10.94 Total Copper (mg/k~,3 5,50 10.94 Total Lead (rog/kg3 5.50 10.94 Total Mercurv (me/ke~ 5.50 10.94 Total Molvhdenum (me/kc3 5.50 10.94 Total Nickel (me/kc) 5.50 10.94 Total Selenium (m~/k~,3 5,50 10.94 Total Zinc (m~/ke3 5,50 10.94 [Analysis for metals is sludge and soil shall be performed according to methods outlined in "Test Methods for Evaluating Solid Waste," EPA SW846 Method 3050 shall be used for the determination of total metals in sludge and soil-sludge mixture ] D~'ymg Beds 4 Arsemc (rog/kg) 5,50 10.94 Cadmmm (m~/ke~ 5,50 10.94 Chromium (m~/k~ 5.50 10.94 Conner (m~,/k~,3 5.50 10.94 L~ad (m~/ke~ 5,50 10.94 Mercury (m~t/k~ 11,00 10.94 Molybc~enUn~ (~/ke) 5.50 10.94 Nickel (me/kc3 5,50 10.94 Selenium (me/k~3 5,50 10.94 ATTACHMENT 1 TABULATION SHEET BID # 2605 12-19-00 ~nwr( amenr LaDoratorv ~.~OlltrHut DESCRIPTION Talem, Inc Certes Environmental ITEM Laboratories, L L C Ft Worth, TX Dallas, TX Zinc (me/kg) 5,50 10.94 Total PCB's (mE/kg) 32.00 63.00 Ammnnmm Nttroeen (me/ke~ 9,50 35.00 Nitrate Nttrogen (me/kg) 9,50 28.00 Total Nitrogen (me/kg) 32.00 59.50 Total Kmldahl Nitrogen (mE/kg) 24.00 31.50 phomhoms (me/kg) 14,00 63.00 potassium (me/kg) 5,50 14,00 nH (Std. Units) 4,00 7.00 Chlordane (mg/kg) 80 00 42 00 Toxaphene (mg/kg) 80 00 42 00 Benzene (mg/kg) 49 00 42 00 Benztdme (mg/kg) 90 00 122 50 Llndane (mg/kg) 80 00 42 00 DDT, DDE, DDD 90 00 175 00 Trtchloroethylene 75 00 105 00 Bls (2) ethyl-hexyl phthatate 90 00 122 50 Dtmethly Nltrosamme 90 00 140 00 5 Sludge - Secondary Digester, Aerobic, Compost, and Dyno ~10il (Sml/Comnost mixture) Sludge tested accordtng to 40 CFR Part 261, Appendix II and 40 CFR Part 268, Appendtx I [Toxtc~ty CharactensUc Leaching Procedure (TCLP) for contaminates hsted ~n Table 1 of 40 CFR Sectaon 261 24 ] Pr~ority Pollutant Scan 397.00 738.50 Total TCLP 560.00 1001.00 PCB's 32.00 56.00 Arsemc (me/ke~ 5.50 9.96 Cadmmm (mE/kg) 5.50 9.96 Chrommm (me/kg) 5.50 9.96 Conner (me/kg) 5,5Q 9,96 Lead (mg/kg) 5,50 9.96 Mercury. (mE/kg) 14.00 9.96 Molvdenum (mE/kg) 5,50 9.96 Nickel (me/kg) 5,50 9.96 Selenmm (mE/kg) 15,50 9.96 Zinc (me/kg) 5,50 9.96 ~ nt~mQlly (mE/kg) 5.50 9.96 Thalhum (me/kg) 5.50 9.96 Bervlhum (me/kg) 5.50 9.96 Barmm (me/kg) 5.50 9.96 Aluminum (mE/kg) 5.50 9.96 Itexavalent Chromium (me/kg) 15.75 21.00 Silver (me/kg) 5.50 9,96 ATTACHMENT 1 TABULATION SHEET BID # 2605 12-19-00 DESCRIPTION Talem, loc Certes Environmental ITEM Laboratories, L L C Ft Worth, TX Dallas, TX I P6tassmm (me/kc) 5,50 9.96 Cyanide (me/kff~ 20.00 35.00 Nitrate -N (mWke3 9,50 28.00 gmmnnla -N (mWk~ 9,50 35.00 Total N~troeen (mo/ke~ 32.00 59.50 oH (Std. Umts3 4,00 7.00 %, Sohds 8,00 10.50 Tatal K~eldahl N~troeen 24,00 31.50 6 P~troleum Hydrocarbons TPH. C6-C10. C10-C28 method TX 1005 DL 5000(u~/L) 60.00 56,00 Dtesel Range Orgamcs (DRO) EPA method 8015 DL 5000 (ug/L) 50,00 66.50 BTEX. MTBE EPA method 8021 49,00 42.00 13enzene DL 0.5 (ue/L~ Toluene DL 0.5 (ue/L3 Ethvlbenzene DL 0.5 (ue/L) Kvlene DL 1.5 ~erthy tert-butvl ether DL 0.5 (ue/L~ 7 Total Toxae Orgamc Scan EPA method 624 285.00 350.00 EPA method 625 8 Miscellaneous Lead DL 1.0 (u~/L) 11.00 14.00 CVamde 20.00 35.00 Blochemmal oxwen demand 16.00 24.50 Chemmal oxveen demand 15.00 21.00 Oll and erease 23.00 42.00 Total susnended sohds $,00 14.00 Oross aloha 45,50 56.00 Gross Beta 45.50 56.00 /~mmoma mtro~en 9,50 35.00 q4otal Phosnhorus EPA method 365.2 16.50 24.50 Fluoride EPA method 340.3 11.00 17.50 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF ENVIRONMENTAL LABORATORY SERVICES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2605 - ENVIRONMENTAL LABORATORY SERVICES AWARDED TO CERTES ENVIRONMENTAL LABORATORIES, L L C IN THE ESTIMATED ANNUAL AMOUNT OF $145,000) WHEREAS, the City has sohclted, received and tabulated competitive b~ds for the purchase of necessary materials, eqmpment, supphes or serwces m accordance w~th the procedures of State law and City ordinances, and WHEREAS, the C~ty Manager or a designated employee has reviewed and recommended that the hemm described bids are the lowest responsible b~ds for the materials, eqmpment, supphes or servmes as shown ~n the "B~d Proposals" submitted therefore, and WHEREAS, the C~ty Counc,1 has prowded ~n the C~ty Budget for the appropriation of funds to be used for the pumhase of the materials, eqmpment, supphes or services approved and accepted here~n, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items m the following numbered bids for materials, eqmpment, supphes, or serwces, shown m the "B~d Proposals" on file ~n the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible b~ds for such ~tems BID VENDOR AMOUNT 2605 Certes Env,ronmental Laboratories, L L C 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, eqmpment, supphes or serwces ~n accordance w~th the terms, specifications, standards, quantities and for the specified sums contmned in the Bid Inwtat~ons, B~d Proposals, and related documents SECTION 111 That should the City and persons subm~mng approved and accepted ,tems and of the subrmtted b~ds w~sh to enter Into a formal written agreement as a result of the acceptance, approval, and awarding of the b~ds, the C~ty Manager or his destgnated representative ~s hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is ~n accordance w~th the terms, conditions, specifications, standards, quantities and specified sums contmned in the B~d Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the submitted b~ds, the C~ty Council hereby authorizes the expenditure of funds therefor ~n the amount and in accordance w~th the approved bids or pursuant to a written contract made pursuant thereto as authorized hereto SECTION V That this ordtnance shall become effective ~mmed~ately 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 2605 SUPPLY-SERVICES ORDINANCE -2001 BID # 2605 Exhibit A DESCRIPTION Certes Environmental ITEM Laboratories, L L C 1 Influent and Effluent Wastewater Cadmium DL 1 0 (ug/L) 9 96 Chromium DL 5 0 (ug/L) 9 96 Copper DL 10 0 (ug/L) 9 96 Lead DL 5 0 (ug/L) 9 96 Mercury DL 0 20 (ug/L) 9 96 Nickel DL 10 0 (ug/L) 9 96 Silver DL 1 0 (ug/L) 23 10 Zinc DL 5 0 (ug/L) 23 10 Selenium DL 5 0 (ug/L) 23 10 Beryllium DL 3 0 (ug/L) 9 96 Boron DL 100 0 (ug/L) 9 96 Barium DL 20 0 (ug/L) 9 96 Arsenic DL 10 0 (ug/L) 9 96 Chrome(Hexavalent EPA 604 1)DL 10 0 (ug/L) 21 00 Antimony DL 2 5 (ug/L) 23 10 Thallmm DL 1 0 (ug/L) 23 10 Aluminum DL 20 0 (ug/L) 9 96 Molybdenum DL 30 0 (ug/L) 9 96 Purgeable aromatics - EPA method 602 42 00 Phenols - EPA method 420 1 35 00 Organochlorme pesticides and PCB's - EPA method 608 189 00 Purgeable organics - EPA method 624 105 00 SVOC's (Base/neutral, acid extractables) - EPA method 625 245 00 Appendix D to part 122 priority pollutant scan Table II, III, V 962 50 Volatile organic compounds - EPA method 624 105 00 Sem~-volatde organic compounds - EPA method 625 245 00 Toxicity Charactensnc leaching procedure, volaules, semlvolatlles, pest/herb and metals 1022 00 Pesticides EPA 614 210 00 Pesticides EPA 617 210 00 Pest,cities EPA 632 210 00 Pesticides EPA 618 157 50 Herbicides EPA 615 175 00 Hexachlorophene EPA 604 1 210 00 40 CFR PART 122 APPENDIX D Table II 413 00 Table III (Wastewater) 199 50 Table III (Sludge) 199 50 Table IV 497 00 2 Stormwater/Watershed Atrazlne EPA method 525 2 DL 0 1 (ug/L) 35 80 Cvanazlne EPA method 525.2 DL 0.1 (uo/L~ Prometon EPA method 525 2 DL 0 1 (ug/L) 35 80 Slmazme EPA method 525 2 DL 0 i (ug/L) 35 80 Chloropyrffos EPA method 525 2 DL 0 1 (ug/L) 35 80 Dlazmon EPA method 525 2 DL 0 1 (ug/L) 35 80 Methyl aznir~hos SW-846 method 8270 C DL 0.1 (ue/L) 35.80 BID # 2605 Exhibit A DESCRIPTION Certes Environmental ITEM Laboratories, L L C Malathion Std Methods 6630 DL 0 1 (ug/L) 35 80 Metolachlor EPA method 525 2 DL 0 1 (ug/L) 35 80 Pendlmethahn DL 0 1 (ug/L) 35 80 2, 4-D Std Methods 6640B DL 0 1 (ug/L) 177 19 Carbaryl SW-826 method 8270 C DL 0 1 (ug/L) 157 50 Tebuthmron EPA 525.2 DL 0.1 (ue/L) 35.80 Dluron DL 0 1 (ug/L) 262 50 3 Sludge/Soft Nitrate Nitrogen (NO3-N) 35 00 Ammonia Nitrogen (NH3-N) 42 00 Total Nitrogen (TKN) [determined by Kjeldahl digestion] 38 50 Phosphorus (extractable) 31 50 Potassmm (extractable) 21 00 Sodium (extractable) 21 00 Magnesmm (extractable) 21 00 Calemm (extractable) 21 00 Soluble Salts/EC [Electrical Conductivity (EC) - determined 14 00 from extract of 2 1 (v/v) water/soil mixture ] Soil Water pH (S U ) - [electrometrlc method in "Test Methods 14 00 for Evaluating Solid Waste, EPA SW846, 40CFR 260 11 Method 9040 is appropriate for determining pH] Total Arsenic (mg/kg) 10 94 Total Cadmmm (mg/kg) 10 94 Total Chrommm (mg/kg) 10 94 Total Copper (rog/kg) 10 94 Total Lead (rog/kg) 10 94 Total Mercury (mg/kg) 10 94 Total Molybdenum (mg/kg) 10 94 Total Nickel (mg/kg) 10 94 Total Selenium (mg/kg) 10 94 Total Zinc (rog/kg) 10 94 [Analysis for metals is sludge and soil shall be performed according to methods outlined in "Test Methods for Evaluating Solid Waste," EPA SW846 Method 3050 shall be used for the determination of total metals in sludge and soil-sludge mixture ] Drying Beds 4 Arsenic (rog/kg) 10 94 Cadmmm (rog/kg) I0 94 Chrommm (mg/kg) 10 94 Copper (mg/kg) 10 94 Lead (mg/kg) 10 94 Mercury (mg/kg) 10 94 Molybdenum (mg/kg) 10 94 Nickel (mg/kg) 10 94 Selenmm (rog/kg) 10 94 Zinc (mg/kg) 10 94 Total PCB's (rog/kg) 63 00 Ammonmm Nltro~en (m~/k~ 35.00 BID # 2605 Exhibit A DESCRIPTION Certes Enwronmental ITEM Laboratories, L L C Nttrate Nttrogen (rog/kg) 28 00 Total Nttrogen (mg/kg) 59 50 Total Kjeldahl Nttrogen (rog/kg) 31 50 Phosphorus (mg/kg) 63 00 Potassmm (mg/kg) 14 00 pH (Std Units) 7 00 Chlordane (mg/kg) 42 00 Toxaphene (rog/kg) 42 00 Benzene (mg/kg) 42 00 l~enzidme (mg/kg) 122 50 Lmdane (rog/kg) 42 00 DDT, DDE, DDD 175 00 Trlchloroethylene 105 00 Bis (2) ethyl-hexyl phthatate 122 50 Dlmethly Nltrosamme 140 00 5 Sludge - Secondary Digester, Aerobic, Compost, and Dyno Soil (Soil/Compost mixture) Sludge tested according to 40 CFR Part 261, Appendix II and 40 CFR Part 268, Appendix I [Toxicity Characteristic Leaching Procedure (TCLP) for comammates listed in Table 1 of 40 CFR Section 261 24 ] Prtorlty Pollutant Scan 738 50 Total TCLP 1001 00 PCB's 56 00 Arsenic (mg/kg) 9 96 Cadmmm (mg/kg) 9 96 Chromium (mg/kg) 9 96 Copper (mg/kg) 9 96 Lead (mg/kg) 9 96 Mercury (mg/kg) 9 96 Molydenum (mg/kg) 9 96 Nickel (mg/kg) 9 96 Selenium (mg/kg) 9 96 Zinc (rog/kg) 9 96 Antimony (rog/kg) 9 96 Thallium (mg/kg) 9 96 Beryllmm (rog/kg) 9 96 Barium (mg/kg) 9 96 Aluminum (rog/kg) 9 96 Hexavalent Clarommm (mg/kg) 21 00 Silver (rog/kg) 9 96 Potassmm (mg/kg) 9 96 Cyanide (rog/kg) 35 00 Nitrate -N (mg/kg) 28 00 Ammonia -N (m~,/k~,) 35.00 BID # 2605 Exhibit A mnen anoratorv t ontracg DESCRIPTION Certes Environmental ITEM Laboratories, L L C Total Nitrogen (mg/kg) 59 50 pH (Std Umts) 7 00 % Sohds 10 50 Total Kjeldahl N~trogen 31 50 6 Petroleum Hydrocarbons TPH, C6-C10, C10-C28 method TX 1005 DL 5000(ug/L) 56 00 D~ese! Range Orgamcs (DRO) EPA method 8015 DL 5000 (ug/L) 66 50 BTEX, MTBE EPA method 8021 42 00 Benzene DL 0 5 (ug/L) Toluene DL 0 5 (ug/L) Ethylbenzene DL 0 5 (ug/L) Xylene DL 1 5 (ug/L) Merthy tert-butyl ether DL 0 5 (ug/L) 7 Total Toxic Organic Scan EPA method 624 350 00 EPA method 625 8 M~scellaneous Lead DL 1 0 (ug/L) 14 00 Cyamde 35 00 Biochemical oxygen demand 24 50 Chemical oxygen demand 21 00 Off and grease 42 00 Total suspended sol~ds 14 00 Gross alpha 56 00 Gross Beta 56 00 Ammoma mtrogen 35 00 Total Phosphorus EPA method 365 2 24 50 Fluoride EPA method 340.3 17.50 Agenda No Agenda item AGENDA INFORMATION SHEET AGENDA DATE' March 6, 2001 Questions concerning this acqulslt~on may be directed DEPARTMENT: Materials Management to Ray Wells 349-7108 ACM Kathy DuBose, Fiscal and Municipal Sarvlces~ SUBJECT: An Ordinance accepting competitive bids and awarding an annual contract for the supply of elec~c meters, cuffen~ ffansfo~ers, and me,ar sockets, prowdmg for ~he expenditure of funds ~herefore, and prowdmg an effective da~e (B~d 26~7 - Elecmc Me,ers, Cu~em Tmnsfo~ers and Me,ar Sockets ~w~ded ~o Multiple Supphers m the annual esuma~ed amoun~ of $225,000) BID INFOR~TION: Th~s b~d ~s ~or ~he annual con~ac~ ~o fu~sh elecmc me,ers, cu~em ~ransfo~ers and elecmc me,er sockets for ~he W~ehouse Inventory S~ock These ~ems ~re ~ssued ~o ~he Electric D~s~nbu~xon D~ws~on of Demon Munmlpa1 Electric on an as needed bas~s ~COM~ATION: We reco~end ~h~s be awaked ~o ~he lowest responsible b~dder, ~or each l~em ~s listed below * Dealer ~lecmc Items 20-33 ~ Wesco D~smbut~on I~ems 50-51 ~ Temple Inc Item 1~ PRINCIPAL PLACE OF BUSINESS: ~ummms U~h~y Supply ~ealers F~ Womb,' TX Denton, TX Wesco D~smbu~on Temple Inc F~ Wo~h~ TX Conmh, TX ESTIMATED SCHED~E OF PROspECT: This is an annu~ con~ac~ and w~ll ~emmn m effec~ ~hrough M~ch 6, 2002 Dehve~ md:wdual, ~ems wries from stock ~o elgh~ weeks after receipt of an order Agenda Information Sheet March 6, 2001 Page 2 FISCAL INFORMATION: Items wdl be purchased from Warehouse Worl~ng Capital Fund Account (710-0430-0582-8701) and then, charged to the appropriate budget account and/or work order as utilized by DME Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1531 Agenda ATTACHMENT 1 TABULATION SHEET BID# ; 2617 TEMPLE CUMMINS WESCO DEALERS TECHLINE NAME "LECTRIC METERS, CT'$ & METER SOCKETS OCR;NTH ~T WO;TH ET WORTH CENTON W WORTH SECTION I 1 [ Meter~ single phase, class 100~ 120V, 2 wire, 1S 12 Cat~log Number 46 00 83 33 39 50 NO BID NO BID 2 Me~er~ single phase demand~ class 100, test amperes 15r 120 volt 12 2 wl~e~ register 5 x 1 clock Cat# 4600 15000 12500 NOBID NORID 3 Metai~ single phase~ class 200~ 240V 2S Non Demand, prenumbered Marked with "Denton Municipal Electric" Stock # 28560125 960 ~ Cat # 26 14 24 90 24 75 NO BID NO BID i 4 Meter Electronic single phase demand~ class 200,240V 2S 480 !Marked with Denton Mun c pa E ectr c Stock # 28561000 Cat # 170 59 102 O0 120 O0 NO BID NO BID Options 1 Pbwer factor coincidental w~th KW peak~ Cat # NO BID 244 00 222 00 NO BID NO BID 2 Pulse Initiator Cat # 43 75 73 00 67 50 NO BID NO BID 3 I~ultIpleT O U RateRegisters~Cat# 31 25 550 1500 NOBID NOBID L(pad Profile, Cat # 75 00 198 50 86 00 NO BID NO BID 4 5 I~eactIve KVARH Cat # 137 50 244 00 196 00 NO BID NO B~D 5 Meter single Phase instrument demand 4S~ Cat # 170 59 150 00 127 00 NO BID NO BID Options 1 I~ower factor coincidental with KW peak~ Cat # NO BID 244 00 195 00 NO BID NO BID .l~ulse Initiator~ Cat # 43 75 188 00 67 50 NO BID NO BID 2 3 MultipleT O U RateRegisters~Cat# 3125 15600 1500 NOBID NOBID 4 L~3ad Profile, Cat # 75 00 214 00 86 00 NO BID NO BID 5 reactive KVARH~ Cat # 137 50 244 00 196 00 NO BID NO BID 6 480 M ~ter~ single phase 240v 3 wlre~ Mechanlcal~ Demand CI200 2S 142 95 102 00 NO BID NO BID NO BID 7 24 Me er~ Single phase demand~ Class 200 3 wire network~ 120 480 V 176 50 164 96 163 00 NO BID NO BID Mul i Range Voltage, 12S~ Cat # Options 1 i:{ower factor coincidental with KW peak~ Cat # NOBID 12500 19500 NOBID NOBID 2 ~ulse inltietor~ Cat # 43 75 31 25 52 00 NO BID NO BID 3 Muit~pleT O U RateRegistar%Cat# 31 25 550 1500 NOBID NOB~D I 4 Load Profile~ Cat # 75 00 125 00 86 00 NO BID NO BID 5 ~eactlve KVARH~ Cat # 13750 12500 19600 NOBID NOBID Meter three phase demand~ Class 200~ 4 wire~ 120 480 V 8 48 muir range Voltage 16S 16S Cat # 176 50 164 96 163 00 NO BID NO BID Options 1 I~ower factor coincidental with KW peak, Cat # NO BID 125 00 195 00 NO BID NO BID 2 Pulse Inltlator~ Cat # 43 75 31 25 52 00 NO BID NO BID 3 ~MuitipleT O U RateReglsters, Cat# 3625 550 1500 NOBID NOBID 4 [road Proflle~ Cat # 75 00 125 00 86 00 NO B~D NO BID 5 F:lea,3tive KVARHt Cat # 13750 12500 19600 NOSID NOBID ' 9 24 ~leter~ three phase instrument demand~ class 20. 120 480 voit 176 50 164 96 163 00 NO BID NO BiD ultl range 8S 9S Cat # ATTACHMENT 1 TABULATION SHEET BID# 2617 TEMPLE CUMMINS WESCO DEALERS YECHLINE NAME ELECTRIC METERS, CT's & METER SOCKETS CORINTH FT WORTH ET WORTH CENTON ET WORTH i Options 1 Power factor coincidental with KW peak, Cat # NO BID 125 00 195 00 NO BID NO BID 2 I~ulse Inltlator~ Cat # 43 75 31 25 52 00 NO BID NO BID 3 MultlpleT O U RateReglsters~Cat# 31 25 550 1500 NOBID NOBID 4 Lced Profiler Cat # 75 00 125 00 86 00 NO BID NO BID 5 Reactive KVARH, Cat # 137 50 125 00 196 00 NO BID NO BID 10 4 Meters, three phase~ Instrument demandr class 20~ 3 wire 120 480V 176 50 164 96 163 00 NO BID NO BID Multt Range SS Cat # Options 1 power factor coincidental with KW peak~ Cat # NO BID 125 00 195 00 NO BID NO BID 2 Pulse Inltlator~ Cat # 43 75 31 25 52 00 NO BID NO BID 3 MulUpleT O U RateReglsters, Cat# 31 25 550 1500 NOBID NOBID 4 Lead Profile? Cat # 75 00 125 00 86 00 NO BID NO BID 5 Reactive KVARH? Cat # 137 50 125 00 196 00 NO BID NO BID Soeclaltv Meters 11 48 ~eter~ three wire security/type class 200, 3 wire, 240 V, 2S 5340 5375 3200 NOBID NOBID w~thunl directional lock [7pereglster Cst # bleter~ three wire class 200 3wire 240 V 3 wire Turtle Ready 2820 2499 2535 NOBID NOBID 12 960 Cat # Meter~ three phase Instrument demand, class 20 120 480 volt 8~ 9B meter~ Multi rangeI event recording~ tour quadrant meter 13 12 ~ntefnal modem~ KYZ output, "Smart Meter" Cat # 698 00 1,083 00 1 200 00 NO BID NO BID ~eter~ three phase instrument demand, class 20 120 480 volt iH meter, Multi range~ event recordlng~ four quadrant meter 14 2 InteFnal modem~ KYZ output 6 element switchboard "Smart Meter" 1 334 00 NO BID 2,200 00 NO BID NO BID Extended Panes Meters Meter~ three phase~ demand, Class 320~ 4 wlre~ 15S 16S, 120 480V 189 00 195 00 220 00 NO BID NO BID 15 8 test amps 50 Stock # 28560630 Cat # bleter~ single phese~ class 320 3 wire 240V~ 2 S Test Amps 50 18900 8496 17900 NOBID NOBID 16 24 S~)ck #28561200 Cat # I Meter~ three phase, class 480, 4 wlre~ 16 15 K~ 120 480V NOBID 32352 NOBID NOBID NOBID 17 12 Test Amps 50 Stock # 28560640 Cat # M~ter~ Single Phase Class 480 3 wire 2K~ 240V Test Amps 50 NO BID 146 95 NO BID NO BID NO BID 18 12 Stobk # 28561410 Cat # Meter~ Sin~;le Phase Class 480~ 3 wire 2K~ 240V Test Amps 50 NOBID 21700 NOBID NOBID NOBID 19 12 Demand Stock # 28561400 Cat # Meter Sockets 20 50 ~ Socket~ Meter 4 Terminal~ 100 amp overhead 1 1/4" Hub St~)ck #28560010 Cat # 16 10 15 38 15 10 17 75 16 15 21 100 Bocket~ Meter 4 Terminel~ 200 amp overhead 2" hub Sllock # 28560300 Cat # 21 09 19 15 18 80 22 32 20 35 22 SoCket~ Meter 4 termlnal~ 200 amp underground with side wirewa}/ 500 WithIlugs~ Stock # 28560400 Cst # 29 48 31 58 29 50 24 78 40 00 23 , Socket~ Meter~ 2 gang, 4 terminal 150 amp Overhead 24 Block # 28560250 Cat # 93 88 83 95 83 00 49 90 90 50 ATTACHMENT 1 TABULATION SHEET BID# 2617 TEMPLE CUMMINS WESCO DEALERS TECHLINE NAME ELECTRIC METERS, CT's & METER SOCKETS CORINTH ET WORTH F'i' WORTH DENTON FT WORTH 24 25 Soc~et~ Meter~ 3 Gang~ 4 terminal 150 amp Cat # 11617 12096 12000 10291 12300 25 25 Soc~(et~ Meter 4 Gang~ 4 terminal 150 amp~ Cat # 158 44 158 25 157 00 102 91 158 00 26 25 Socket~ Meter~ 5 Gang, 4 terminal 150 amp, Cat # 204 40 190 05 190 00 12612 200 00 27 25 Socl~et~ Meter~ 6 Gang, 4 terminal 150 amp~ Cat # 245 54 216 20 215 00 141 05 249 00 Socket, Meter, ringless~ 7 terminal 200 amp with lever bypass 28 25 Stock# 28560100 Cat# 10355 6629 6600 6410 10200 S0cket~ Meter~ 6 Terminal 20 amp prewlrad with test switches 29 6 One piece cover rlngless Stock # 28560150 Cat # 10230 10795 10800 12590 11460 S~)cketr Meter 13 terminal 20 amp prawlrad~ with test switches number TS10 0109 ringless w~th one p[oce cover 30 12 Gtock # 28560200 Cat# 16836 15854 15800 16710 15200 Sooket~ Meter 5 terminal 200 amp with lever bypass rlngless cover 31 12 Stock # 28560050 Cat # 92 38 77 25 77 00 54 25 85 40 Extended Rsng~e Meter Sockete ~Self Contalned~ Socket~ Meter 320 amp 3 phase 7 ter~ underground w~th side w~reway with lugs for up to 500 mom copper Stock #28560610 32 8 Cat# 16536 15798 15800 25395 23125 So~ket~ Meter 320 amp single phase 4 terminal underground with side wiraway with lugs for up to 500 MCM copper Stock 28560600 33 12 , Cat # 11573 11755 11700 8835 12910 B~se~ K~ 480 amp self contained 7 terminal 3 phase with doub[e 34 12 lugs for up to 2 500 MCM per phase Cat # NOBID 28650 37500 NOBID NOBID Base~ K, 480 amp self contained 4 terminal single phase with double 35 12 lugs for up to 2 250 MCM copper Cat # NO BID 210 80 212 00 NO BID NO BID ~urrent Traneformera Currant Transformers 600 volt~ over bushing type 200 5 ratio, ANSI meter accuracy class 0 3 thur B 0 1 rating factor 30 c ambient of 2 36 6 or g!eater Stock # 28562010 Cat # 59 44 56 65 60 00 NO BID NO BID Curi:ent Transformers 600 volt~ over bushing type 300 5 ratio ANSI meter accuracy class 0 3 thur S 0 1 rating factor, 30 c ambient of 2 37 15 or gl'eater Stock # 28562020 Cat # 59 44 56 65 60 00 NO BID NO BID CurYent Transformers 600 volt~ over bushing type 400 5 ratio ANSI meter aocuraey class 0 3 thur B 0 1 rating factor, 30 c ambient of 2 38 6 orgleater Stock#28562040 Cat # 5944 5665 6000 NOBID NOBID Curi'ent Transformers 600 volt~ over bushing type 600 5 ratio, ANSI meter accuracy class 0 3 thur B 0 1 rating factor~ 30 c ambient of 2 39 6 or gi*eater Stock # 28562060 Cat # 59 44 56 65 60 00 NO BID NO BID Curlent Transformers 600 volt, over bushing type 800 5 ratm, ANSI meter accuracy class 0 3 thur B 0 1 rating factor, 30 c ambient of 2 40 6 or greater Stock # 28562080 Cat # 59 44 56 65 60 00 NO BID NO BID Curr~nt Transformers 600 volt~ over bushing type 1000 5 ratio ANSI meter aocuracy class 0 3 thur B 0 1 rating factor, 30 c ambient of 2 41 3 orgraater Stock#28562100 Cat # 61 10 5825 6200 NOBiD NOBID Current Transformers 600 volt over bushing type 1200 5 ratio ANSI metpr accuracy class 0 3 thur B 0 1 rating factorr 30 c ambient of 2 42 3 orl~reater Stock#Pad,P120 Cat # 61 10 5825 6200 NOBID NOBID Currant Transformers 600 volt~ over bushing type 1500 5 ratio ANS~ mef~er accuracy class 0 3 thur B 0 1 rating factor~ 30 c ambient of 2 ATTACHMENT 1 TABULATION SHEET 6ID# 2617 TEMPLE CUMMINS WESCO DEALERS TECHLINE ~IAME ELECTRIC METERS, CT'~I & METER SOCKETS CORINTH ET WORTH FT WORTH DENTON FT WORTH 43 3 or g~eater Stock # 28562140 Cat # 62 20 59 32 63 00 NO BID NO BID Curr~nt Transformers 600 volt~ over bushing t,jpe 2000 5 ratio ANSI metffr accuracy class 0 3 thur B 0 1 rating factor, 30 c ambient of 2 44 3 or gfeater Stcck # 28562160 Cat # 65 50 62 49 63 00 NO BID NO BID Current Transformers 200 5 ratio, 600 volt, window type, 2' window ANS~I Meter accuracy c ass 0 3 thru B 0 5, rat ng factor 30degrees C 45 12 ambient of 2 or greater Stcck # 28562165 Cat # 3750 3574 6000 NOBID NOBID Current Transformers 300 5 ratio, 600 volt~ window type~ 2" w~ndow ANSI Meter accuracy class 0 3 thru B 0 5~ rating factor 30degrees C 46 12 arab ant of 2 or greater Stock # 28562165 Cat # 3750 3574 4000 NOBID NOBID Curren~ Transformers 400 5 ratlo~ 600 volt~ window t~pe~ 2 3/4" window ANSI Meter accuracy class 0 3 thru B 0 5~ rating factor 30degrees C 47 12 ambient of 2 or greater Stock # 28562166 Cat # 44 70 42 63 57 00 NO BID NO BID Voltage Transformers ANSI accuracy Dlass 0 3 thru burden Z, rated 1500 VA at 30 degrees C ambient, 8400 120 voltage rating, 48 3 single bushing 110KVBIL Cat# 60400 49160 52000 NOBID NOBID 49 Current Transformers ANSI accuracy class 03 thru B 0 5, 110 KV BIL~ 13,800 nominal or 15 KV acceptable Rat~o required 3 , A) 25 5 Cat # 444 00 405 40 435 00 NO BID NO BID 3 , B) 50 5 Cat # 444 00 405 40 435 00 NO BID NO BID 3 C) 100 5 Cat # 473 00 415 90 445 00 NO BID NO BID 3 D) 200 5 Cat # 473 00 415 90 445 00 NO BID NO BID Alpha. Mate 110 Metering unit 8 1600 Primary Current Range, voltage range 4200 8400 rating factor 4 0~ CT/PT combination 50 3 Cat # AMI 1060000 NO BiD NO BID I 350 00 NO BID NO BiD Al@h~Mate 150 Metering unit 8 1600 Primary Current Range, voltage range 7200 14400 rating factor 4 0~ CT/PT combination 51 3 Cat # AM15060000 NO BID NO BID 1,850 00 NO BID NO BID Totals DELIVERY 8WEEKS INSTOCK INSTOCK 42DAYS ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF ELECTRIC METERS, CURRENT TRANSFORMERS, AND METER SOCKETS, PROVIDING FOR TI-IE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2617 - ELECTRIC METERS, CURRENT TRANSFORMERS AND METER SOCKETS AWARDED TO MULTIPLE SUPPLIERS IN THE ANNUAL ESTIMATED AMOUNT OF $225,000) WHEREAS, the City has sohc~ted, received and tabulated competitive bids for the purchase of necessary materials, equipment, supphes or serwces m 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 b~ds are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "B~d Proposals" submitted therefore, and WHEREAS, the C~ty Council has prowded m the C~ty 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 b~ds for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file m the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM VENDOR AMOUNT 2617 1A3,15-19,34,35,36-49 Cummins Utility Supply Exhibit "A" 2617 20-33 Dealers Electric Exhibit "A" 2617 50-51 Wesco D~stnbutlon Inc Exhibit "A' 2617 14 Temple Inc Exhthlt "A" SECTION II That by the acceptance and approval of the above numbered items of the submitted b~ds, the C~ty accepts the offer of the persons subn~ttlng the bids for such items and agrees to purchase the materials, equipment, supplies or services m accordance w~th the terms, specifications, standards, quantities and for the specified sums contained ~n the Bid Invitations, Bid Proposals, and related documents SECTION IT~ That should the City and persons submitting approved and accepted items and of the submitted b~ds 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 ~s hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is m accordance with the terms, conditions, specifications, standards, quantities and specified sums contoaned ~n the B~d Proposal and related documents here~n 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 m accordance with the approved b~ds or pursuant to a written contract made pursuant thereto as authonzedlhere~n SECTION V That th~s orahnance shall become effective ~mmedmtely 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 2617 SUPPLY-SERVICES ORDINANCE-2001 EXHIBIT "A" TABULATION SHEET BID# 2617 TEMPLE CUMMINS WESCO DEALERS NAME ~ ELECTRIC METERS, CT'S & METER SOCKETS CORINTH FT WORTH FT WORTH DENTON SECTION I 1 Meter~ single phase~ class 100, 120V, 2 w~re, 1S 12 C'atalog Number 83 33 2 Meter~ single phase demand, class 100, test amperes 15, 120 volt 12 2wlre~ registerSxl clock Cat # 15000 3 M~ter, single phase, class 200~ 240V 29 Non-Demand, prenumbered Marked with "Denton Municipal Electric" Stock # 28560125 960 Cat # 24 90 4 ' Meter, Etectron~c, single phase demand~ class 200, 240V 2S 480 , Marked with "Denton Municipal Electnc" Stock # 28561000 Cat # 102 O0 Options 1 Power factor coinc~dental with KW peak, Cat # 24400 21 Pulse imtiator~ Cat # 73 00 ~ Multiple T O U Rate Reg~sters~ Cat # 5 50 41 Load Proflle~ Cat # 198 50 5 Reactive KVARH~ Cat # 244 00 5 Meter single Phase instrument demand 4S~ Cat # 150 O0 Options 11 Power factor coincidental with KW peak, Cat # 244 00 2, Pulse Inltlator~ Cat # 188 00 3 Multiple T O U Rate Reglsters~ Cat # 156 O0 4 Load Profile~ Cat # 214 00 5 Reactive KVARH, Cat # 244 00 6 480 ' Meter, single phase 240v 3 w~re~ Mechanlcal~ Demand CI200, 2S 102 00 7 24 ~eter~ Single phase demand~ Class 200 3 w~re network, 120 480 V 164 96 Multi Range Voltage~ 12S~ Cat # Options 11 Power factor coincidental with KW peak~ Cat # 125 00 2~ Pulse initiator, Cat # 31 25 3 Mulbple T O U Rate Registers, Cat # 5 50 4 Load Proflle~ Cat # 125 00 ~ Reactive KVARH, Cat # 125 00 , Meter three phase demand~ Class 200~ 4 wire, 120 480 V 8 48 m~Jlti range Voltage 15S-16B Cat # 164 96 Options 1, Power factor coincidental with KW peak, Cat # 125 00 ;~ Pulse initiator, Cat # 31 25 ~ Multiple T O U Rate Reglstere~ Cat # 5 50 4 Load Profile~ Cat # 125 00 EXHIBIT "A" TABULATION SHEET BID# 2617 TEMPLE CUMMINS WESCO DEALERS ~AME ELECTRIC METERS, CT'S & METER SOCKETS CORINTH FT WORTH FT WORTH DENTON 5 Reactive KVARH, Cat # 125 O0 9 24 Meter, three phase ~nstrument demand, class 20, 120-480 volt 164 96 ,Multi range 8S 9S Cat # Options I Power factor coincidental w~th KW peak, Cat # 12500 2 Pulse m~tlator, Cat # 31 25 3, Multiple T O U Rate Registers, Cat # 5 50 4 Load Profiie~ Cat # 12500 5 Reactive KVARH~ Cat # 125 00 10 4 Meters, three phase, instrument demand, class 20~ 3 w~re 120 480V 164 96 Multi Range 58 Cat # Options 1 Power factor coincidental w~th KW peak, Cat # 12500 2, Pulselnltlator, Cat # 31 25 3 Multiple T O U Rate Reg~stere~ Cat # 5 50 4' Load Profile, Cat # 12500 ~ Reactive KVARH, Cat# 12500 Saeclaltv Metera 11 48 Meter~ three wire security type class 200~ 3 w;rs~ 240 V, 2S 53 75 With uni d~rectlonal lock type register Cat # Meter~ three wire class 200, 3 w~re~ 240 V 3 w~re Turtle Ready 24 99 12 960 Cat # ' Meter~threephase~nstrument demand~ class20 120-480volt 8S 9S meter, Mulb range, event recordlng~ four quadrant meter~ 13 12 internal modem, KYZ output, "Smart Meter" Cat # 1,083 00 Meter~ three phase ~nstrument demand~ class 20 120-480 volt 9H meter~ Multi range, event recording~ four quadrant meter, 14 2 Internal modem~ KYZ output, 6 element switchboard "Smart Meter" 1,334 00 Extended Ranc~e Meters Meter~ three phase~ demand~ Class 320~ 4 wire, 15S 16S, 120 480V 195 00 15 8 t~st amps 50 Stock # 28560630 Cat # , Meter~ single phase, class 320 3 wire 240V, 2 S Test Amps 50 84 96 16 24 Stock #28561200 Cat # Meter, three phase~ class 480~ 4 w~re~ 16-15 K, 120 480V 323 52 17 12 'rest Amps 50 Stock # 28560640 Cat # Meter, Single Phase Class 480~ 3 wire 2K, 240V Test Amps 50 146 95 18 12 IStock # 28561410 Cat # ' Meter, Single Phase Class 480t 3 wire 2K~ 240V Test Amps 50 21700 19 12 Demand Stock # 28561400 Cat # Meter Sockets EXHIBIT "A" TABULATION SHEET BID# 2617 TEMPLE CUMMINS WESCO DEALERS NAME ELECTRIC METERS, CT's & METER SOCKETS CORINTH FT WORTH FT WORTH DENTON 20 50 Socket~ Meter 4 Term~nal~ 100 amp overhead 1 1/4" Hub : Stock # 28560010 Cat # 17 75 21 100 , Socket, Meter 4 Terminal, 200 amp overhead 2" hub Stock # 28560300 Cat # 22 32 22 Socket~ Meter 4 terminal~ 200 amp underground with side wlreway 500 With lugs~ Stock # 28560400 Cat # 24 78 23 Socket, Meter, 2 gang~ 4 terminal 150 amp Overhead 24 Stock # 28560250 Cat # 49 90 24 25 ~ocket~ Meter~ 3 Gang, 4 terminal 150 amp Cat # 102 91 25 25 ~ocket, Meter 4 Gang, 4 terminal 150 amp~ Cat #~__ 102 91 26 25 Socket, Meter~ 5 Gang~ 4 terminal 150 amp, Cat # ___________ 126 12 27 25 Socket, Meter~ 6 Gang, 4 terminal 150 amp~ Cat # __ 141 05 Socket~ Meter~ nngless~ 7 terminal 200 amp with lever bypass 28 25 Stock# 28560100 Cat# 6410 Socket~ Meter~ 6 Terminal 20 amp prewired with test sw~tches 29 6 One p~ece cover rlngless Stock # 28560150 Cat #. 125 90 , Socket~ Meter 13 terminal 20 amp pmwired, w~th test sw~tches number TS10-0109 nnglesa with one piece cover 30 12 Stock # 28560200 Cat# 16710 ,Socket, Meter 5 terminal 200 amp with lever bypass nngless cover 31 12 Stock # 28560050 Cat # 54 25 Extended Ranoa Meter Sookete fSelf Contained) ~ocket~ Meter 320 amp 3 phase 7 ter~ unde~lround w~th s~de w~reway with lugs for up to 500 mcm copper Stock 828560610 32 8 Cat # 253 95 Socket~ Meter 320 amp single phase 4 terminal underground with side wtreway with lugs for up to 300 MCM copper Stock 28560600 33 12 Cat # 88 35 I Base~ K~ 480 amp self-contained 7 terminal 3 phase w~th double 34 12 ~lugs for up to 2-500 MCM per phase Cat # 286 50 Sase~ K~ 480 amp self-contained 4 terminal s~ngle phase with double 35 12 lags for up to 2 250 MCM copper Cat# 21080 Current Treneformere Current Transformers 600 volt~ over bushing type 200 5 rabo, ANSI tneter accuracy class 0 3 thur B-0 1 rabng factor, 30 c ambient of 2 36 6 pr greater Stock # 28562010 Cat # 56 65 .~urrent Transformers 600 volt~ over bushing type 300 5 ratlo~ ANSI eter accuracy class 0 3 thur B 0 1 rating factor~ 30 c ambient of 2 37 15 or greater Stock # 28562020 Cat # 56 65 Current Transformers 600 volt~ over bushing type 400 5 rabo, ANSI ~neter accuracy class 0 3 thur B-0 1 rating factor~ 30 c ambient of 2 38 6 pr greater Stock # 28562040 Cat # 56 65 I EXHIBIT "A" TABULATION SHEET BID# 2617 TEMPLE CUMMINS WESCO DEALERS NAME ELECTRIC METERS, CT'$ & METER SOCKETS CORINTH FT WORTH FT WORTH DENTON Currant Transformers 600 volt~ over bushing type 600 5 ratio, ANSI meter accuracy class 0 3 thur B-0 1 rating factor, 30 c ambient of 2 39 6 or graater Stock # 28562060 Cat # 56 65 Currant Transformers 600 volt, over bushing type 800 5 ratio, ANSI meter accuracy class 0 3 thur B-0 1 rating factor, 30 c ambient of 2 40 6 or graater Stock # 28562080 Cat # 56 65 C~rrant Transformers 600 volt~ over bushing type 1000 5 ratzo, ANSI meter accuracy ctass 0 3 thur B 0 1 rating factor, 30 c ambient of 2 41 3 or graater Stock # 28562100 Cat # 58 25 Currant Trsnsformera 600 volt, over bushing type 1200 5 rabo, ANSI meter accuracy class 0 3 thur B 0 1 rating factor, 30 c ambient of 2 42 3 or graater Stock # 28562120 Cat # 58 25 Currant Trsnsformera 600 volt~ over bushing type 1500 5 rabo, ANSI meter accuracy class 0 3 thur B-0 1 rating factor, 30 c ambient of 2 43 3 0rgraater Stock # 28562140 Cat # 59 32 Currant Transformers 600 volt~ over bushing type 2000 5 rst~o, ANSI meter accuracy class 0 3 thur B-0 1 rating factor~ 30 c ambient of 2 44 3 or graater Stock # 28562160 Cat # 62 49 Cyrrent Transformers 200 5 rabo~ 600 volt, window type, 2" w~ndow, ANSI Meter accuracy class 0 3 thru B-0 5, rating factor 30degrees C 45 12 ambient of 2 or graater Stock # 28562165 Cat # 35 74 C~rrent Transformers 300 5 rabo~ 600 volt~ window type~ 2" window, ANSI Meter accuracy class 0 3 thru B-0 5, rstmg factor 30degraes C 46 12 ambient of 2 or graater Stock # 28562165 Cat # 3574 Currant Transformers 400 5 rabo, 600 volt~ w~ndow type, 2 3/4" window, ANSI Meter accuracy class 0 3 thru B-0 5~ rating factor 30degrees C 47 12 a~blent of 2 or graater Stock # 28582165 Cat # 42 63 Voltage Transformers ANSI accuracy class 0 3 thru burden Z, rated 1500 VA at 30 degraes C ambient, 8400 120 voltage rating, 48 3 single bushing, 110 KV BIL Cat# 491 60 49 Currant Transformers ANSI accuracy class 03 thru B-0 5, 110 KV BIL~ 13z800 nominal or 15 KV aoceptable Ratio reqmrsd 3 A) 25 5 Cat # 405 40 3 B) 50 5 Cat # 405 40 3 C) 1005 Cat # 41590 3 D) 2005 Cat # 41590 AIl~haMate 110 Metenng un~t~ 8 1600 Primar~ Currant Range, voltage range 4200 8400 rating factor 4 0, CT/PT comb~nabon 50 3 Cat # AM 11060000 1,350 00 AIphaMate 150 Metenng umt, 8-1600 PRmary Currant Range, voltage range 7200-14400 rabng factor 4 0, CT/PT comb~nabon 51 3 Cat # AM15060000 1,850 00 Totals DELIVERY 8 WEEKS IN STOCK IN STOCK ADendaP~o Ol~Ol~ __ Agenda Itepl ~ Date .~[ (,o ! 0 I AGENDA INFORMATION SHEET AGENDA DATE: March 6, 2001 Questions concernmg this acqms]tmn may be d~rected DEPARTMENT: Matermls Management to Gary Matheson 349-7925 Cary Tower 349-8424 ACM' Kathy DuBose, Ftscal and Mumc~pal Serwces~-~ SUBJECT: An Ordinance accepting competitive btds and awarding a contract for the purchase of two Pohce Motorcycles, prowdmg for the expenditure of funds therefore, and prowd~ng an effective date (Bid 2635 - Pohce Motorcycles awarded to Cycle Center of Denton m the amount of $19,800) BID INFORMATION: Th~s b~d ts for the purchase of two pohce motorcycles These are Motor Pool replacements for two s~mtlar umts purchased m 1996 and no longer economical to mmntmn The old umts w~ll be sold at pubhc auction RECOMMENDATION: We recommend th~s b~d be awarded to the lowest responsible b~dder, Cycle Center of Denton, under the 3% Local Preference Legislation as outhned ~n Section 271 905 of the Local Government Code Economtc Factors of Local Preference Determination Cycle Center of Denton · Apprmsal Value of Real Property $412,500 · Value of Personal Property $323,494 · Total taxes prod to the Ctty for 2000 (Approxtmate) $ 3,886 · School and County Taxes (Approximate for 2000) $ 15,300 · Employees 12 full ume and 3 part ttme employees PRINCIPAL PLACE OF BUSINESS: Cycle Center of Denton Denton, TX ESTIMATED SCHEDULE OF PROJECT. The two umts can be dehvemd w~th~n 60 days after mce~pt of an order Agenda Information Sheet March 6, 2001 Page 2 FISCAL INFORMATION. The acquisition of there two police motomycle w~ll be funded from Motor Pool Replacement Fund Account (720-025-0584-9104) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1532 Agenda ATTACHMENT 1 BID 2635 Date 2/6/01 POLICE MOTORCYCLES No [ Q~ty~ I DESCRIPTION VENDOR VENDOR CYCLE CENTER KAWASAKI CITY Pnnc~Pie Piece of" Business ....... DENTON,TX IRVING, TX MOTORCYCLES AS PER 1 2 SPECIFICATIONS $19,800 $19,780 MODEL/MAKE KZ100P20 KZ100P20 DELIVERY 60 DAYS 90 DAYS ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TWO POLICE MOTORCYCLES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2635 - POLICE MOTORCYCLES AWARDED TO CYCLE CENTER OF DENTON IN THE AMOUNT OF $19,800) WHEREAS, the City has solicited, received and tabulated competitive b~ds for the purchase of necessary materials, eqmpment, supplies or services m 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 here~n ,described bids are the lowest responsible bids for the materials, equipment, suppbes or services as shown m the "Bid Proposals" subrmtted therefore, and WHEREAS, the C~ty Council has provided m the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted here~n, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items m the following numbered b~ds for materials, equipment, supplies, or services, shown m the "Bid Proposals" on file ~n the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID VENDOR AMOUNT 2635 Police Motorcycles $19,800 SECTION II That by the acceptance and approval of the above numbered ~tems of the submitted bids, the City accepts the offer of the persons subrmttmg the bids for such items and agrees to purchase the materials, equipment, supplies or serwces m accordance with the terms, specifications, standards, quantities and for the specified sums contained m the Bid Inwtat~ons, Bid Proposals, and related documents SECTION III That should the City and persons submitting approved and accepted ~tems and of the submitted bids w~sh 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 wntten contract which shall be attached hereto, prowded that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the B~d Proposal and related documents hereto approved and accepted SECTION IV That by the acceptance and approval of the above numbered ~tems of the subnntted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That this ordinance shall become effective ~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 2635 SUPPLY-SERVICES ORDINANCE 2001 AGENDA INFORMATION S~EET AGENDA DATE: M~ch 6, 2001 Questions concerning th~s acquisition may be d~mcted DEPART~NT: Mmenals Management to Ga~ Matheson 349-7925 ACM' Kathy DuBose, F~scal and Municipal Serwces~ SUBJECT: An Ordinance accepting competitive b~ds and aw~d~ng a contract for the purchase of Police Mobile V~deo Camera Systems, providing for the expenditure of funds therefore, and prow~ng an effective date (B~d 2641 - Pohce Mobile V~deo Camera Systems awarded to Mobile V~s~on ~n the amount of $233,225) BID INF0~ATION: Th~s b~d ~s for the pumhase of fifty-five color mobile wdeo cameras sysmms for the Pohce Depa~ment The intent ~s to equip Police Patrol Vehicles w~th law enfomement survetllance technology These umts ~e especially desired for the rugged use associated w~th a patrol vehicle The system includes, trunk mounted VCR, cameras w~th zoom lens, color momtor, overhead control console, one ye~ extended w~anty and other options depending upon application RECOMMENDATION: We mco~end th~s b~d be aw~ded to the lowest responsible b~dder meeung specifications - Mobile V~s~on ~n the amount of $233,225 The lower price offered by Prosecutor of Texas and V~deo Systems Plus hfled to meet the spec~ficanon for moun~ng the zoom lens, VCR, tr~sm~tter, an~or microphones PRINCIPAL PLACE OF BUSINESS: Mobile V~s~on Boonton, NJ ESTI~TED SC~ED~E OF PRO,[ECT: The mobile wdeo cmera systems can be dehvemd ~n 45 days and ~nstallat~on will be accomphshed w~th~n ~e following 45 days Agenda Irlformatlon Sheet March 6, 2001 Page 2 FISCAL INFORMATION. These umts will be considered part of the vehicle to which they are assigned and w~ll be funded from Motor Pool Account (720-025-0584-9104) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulatton Sheet 1539 Agenda ATTACHMENT 1 TABULATION SHEET BID 2641 DATE 2/15/01 POLICE MOBILE VIDEO SYSTEM NO let,,, I D;SCF"~m0N V;N~)O. V£NDO. VENDOR VENDOR VIDEO I MOBILE KUSTOM PROSECUTO SYSTEMS ,,,, , VISION SIGNAL R OF TEXAS PLUS Prlncl ~le Place of Business BOONTON, NJ LENEXA KS HOUSTON TX BYRAN TX 50 COLOR MOBILE VIDEO EA SYSTEM $3,695 $5,944 $3,460 $3,199 1 2 OPTIONAL EQUIPMENT A SOLID STATE COOLING NOT OPTIONS $150 $465 REQUIRED B 75' CAMERA EXTENSION CABLE $90 $185 $50 C ADDITIONAL DIGITAL ENCODED WIRELESS $195 $160 $310 $100 TRANSMITTER D ADDITIONAL MICROPHONE CABLE $25 $15 $165 INCLUDED E RADAR INTERFACE W/CABLE $250 $175 $50 F VHS TAPES W/EVIDENCE LABELING & SLEEVE $2 75 $5 50 $4 00 G EXTENDED SERVICE AGREEMENT (AFTER 1 YR WARRANTY) $250 $210 $480 H AUTOMATIC LIGHTBAR ACTIVATION-TURN ON LIGHTBAR TO START N/C $262 50 STANDARD INCLUDED DELIVERY 45 DAYS 30 DAYS 30 DAYS 30 DAYS ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF POLICE MOBILE VIDEO CAMERA SYSTEMS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2641 - POLICE MOBII.F. VIDEO CAMERA SYSTEMS AWARDED TO MOBILE VISION 1N THE AMOUNT OF $233,225) 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 m the "Bid Proposals" subrmtted 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 b~ds for such items BID VENDOR AMOUNT 2641 Mobile Vision $233,225 SECTION II That by the acceptance and approval of the above numbered items of the submitted b~ds, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals,, and related documents SECTION Ill That should the City and persons subrmmng approved and accepted items and of the subrmtted 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 1V That by the acceptance and approval of the above numbered items of the submitted~blds, the City Council hereby authorizes the expenditure of funds therefor in the amount and ~n accordance w~th the approved b~ds or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That this or&nance shall become effective ~mmediately upon its passage and approval PASSED AND APPROVED this day of ., 2001 E ULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2641 SUPPLY SERVICES ORDINANCE 2001 Agenda Item AGENDA INFORMATION SHEET AGENDA DATE: March 6, 2001 Questtons concerning this acqmsmon may be directed DEPARTMENT: Materials Management to Alex Pettit 349-8595 ACM: Kathy DuBose, F~scal and Municipal Services ~ SUBJECT: An Ordinance awarchng a contract for the purchase of a 40 KVA / 32 KW Uninterrupted Power Supply (UPS) and installation as approved by the State of Texas General Services Comm~sslon through a Quahfied Informauon Serwces Vendor (QISV) catalogue, providing for the expenditure of funds therefore, and provld~ng an effecuve date (Purchase Order 12574 to DataCom Power, Inc ~n the amount of $39,881) PURCHASE ORDER INFORMATION' The attached purchase order ~s for the acqmslt~on of a 40 KVA / 32 KW, 1 GBT converter Uninterrupted Power Source (UPS) for the basement at City Hall This UPS will provide the computer system m C~ty Hall w~th constant umnterruptcd electrical power The UPS and battery system is capable of supplying 15 n~nutes of backup power at full load Also included is dehvcry to the basement, setup, new panel boards and distribution panels, feeds to thc Computer Room, A/V Control Room, A/V Rear Projection Room, and Council Meeting Room DataCom Power, Inc ~s the factory dealer for the Mitsubishi UPS eqmpment and is a QISV Catalogue supphcr This price is lower than current QISV catalogue pricing approved by thc State of Texas General Services Conumsslon RECOMMENDATION: We recommend Purchase Order 12574 to DataCom Power Inc be approved m the amount of $39,881 PRINCIPAL PLACE OF BUSINESS: DataCom Power, Inc Piano, TX ESTIMATED SCHEDULE OF PROJECT: Eqmpment dehvery and mstallataon ~s estimated to be three to four weeks after receipt of an order Agenda Informataon Sheet March 6, 2001 Page 2 FISCAL INFORMATION: Th~s wall be funded from Technology Services fund account (468-044-COMP-9847-9103) Respectfully submitted Tom Shaw, C P M, 349~7100 Purchasing Agent Attachment 1 Purchase Order 12574 to DataCom Power, Inc Attachment 2 Quotation from DataCom Power, Inc Attachment 3 QISV Certification 1519 Agenda ATTACHMENT E~ ATTACHMENT 2 Imtnl:mn Powm,, in. Cr~cal Power and Environmental Spenlahst8 City of Denton January 29, 2001 40 KVA 1 32 KW UPS SYSTEM Proposal P-01112 t Mitsubishi 8eries 2033C Three Phase Uninterruptible Power Supply Model M23C-04014-24B00 Rated 40 KV^ 132 KW IGBT Converter Bypass Input Contactor Static Transfer Switch Internal Maintenance Bypass Switch IGBT-PWM Inverler Output Contactor RS-232C Parallel Interface Direct D~g~tal Control System U L Listed 2 Year Warranty Input Voltage 208 VAC, 3 Phase, 3 Wire + Grid, 60Hz Output Voltage 208Y120 VAC, 3 Phase, 3 W, re + Gnd, 80Hz D~mens~ons am 27 5"VV x 31 5"D x 59 I"H ~} 1082 lbs 2 Battery System provides t6 m~nutes of backup at full load Batteries are sealed, valve-regulated, non-gassing type D~menslens 27 5"W x 31 5"D x 59 I"H ~ 1600 lbs 3 Remote Status Alarm Panel 4 D~amondLInk Software (Provtdes power momtorsng and unattended shutdown) 5 Maintenance Bypass Switch 6 On-rote etadup after installation by the contractor Startup includes mstallahon ~nspectlon, activation of the UPS, checkout ot all systems, instruction to owner's Opera~onal personnel and warranty vahdalmn Starfup, as included is Mort. Fn between the hours of 8 a m and 5 p m THIS UNIT ONLY REQUIRES 40 KW OF GENERATOR 3020 Legacy Dr · #100-380 - Piano, Texas · 75023-8321 * (972)491-0987 o (972)491-0718 Fax e-mail ChdsHowellQDataComPower corn ,, www DataComPower corn Oklahoma Office * (918)786-5909 Batar, em Pewer, Inc. Crit,cal Power and Environmental Spec~al)sts C~ty of Denton January 26, 2001 Page 2 Proposal P..01112 Provide all engineering, project management, and labor to mstall the new UPS and dlstnbution system to backup the computer room loads Includes' I Provide Mitsubishi 40kVA UP8 per items 1-6 on page 1 2. Provide freight and inside delivery to basement 3 Set equipment in place 4. Providing a new panelboard to feed the UPS $ Providing a new UPS output dletribution panel 6. Connect the Input and output of the UP8 ? Provide feeds to: Computer Room in basement, AN Control Room, AN Rear Projection Room, & Council Meeting Room TOTAL NET PRICE $ 39,881 All work will be pen'ormed ~n a professional manner A Master Electric~an with over 25 years of experience installing UPS equipment will be on s~te at all times during the ~nstallatlO~ All electrical Items relating to the UPS will be removed and replaced tf needed Payment terms are net 30 days shipment The UPS prJc,ng ~s excluswe of any applicable Federal, State or Local Taxes 3020 Legacy Dr ,, #100-380 · Plallo Texas · 75023-8321 * (972)491-0987 · (972)491 0718 Fax e-mad Chr~sHoweflODataComPower corn · wv~w DataComPower corn Oklaho~laOfflce · (918)786-5909 Sent By DataCom Power, [nc ~ 972 491 0718, Feb 19 01 11 01A~t, Page 2/2 Ql~'v ~,ppmv~l ATTACHMENT 3 Subject QISV Approval Date. Men, 19 l'eb 2001 09 09 19 -0600 From. "Deam [ ~m~th" <Deam ~m~th~gsc ~,tatc tx u~> To. stevcblackman@datacompower corn I am sendln9 this e-mail to let you know Data Com Power, Inc ~s em approve~ QISV Due to the transition from our old system to the new E-Procurement ~y~tem, we are unable to enter them into our database at thxs time Because oi this, yOU will not be able to look them up on our web sxte Please accept this e-m~zl ds official confirmation of Data Com Power, l~c's active QISV status If you have any quest3ons, please do not hesitate Lo contact me S£~cerely, Deani Smith QISV Program Manager S \Our Documents\Ordinances\0 I\PO 12574~DataCom Power (2-01) NEW QISV doc ORDINANCE NO AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES 40 KVA / 32 KW UNINTERRUPTED POWER SUPPLY (UPS) AND INSTALLATION AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH THE QUALIFIED INFORMATION SERVICE VENDOR (QISV) CATALOGUE PROGRAM, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 12574 TO DATACOM POWER, INC IN THE AMOUNT OF $39,881) WHEREAS, the City Council of the C~ty of Denton has heretofore adopted Resolutaon 92-019 pursuant to Section 2157 067 of the Texas Government Code and Sections 271 082 and 271 083 of the Texas Local Government Code which anthonzes the City to participate in the State Purchasing General Services Commission's Quahfied Information Service Vendor Catalogue Purchase Method provided for in Subchapter B of Chapter 2157 of the Texas Government Code (the "QISV Catalogue"), and WHEREAS, the herein described vendor is a qualified vendor m the QISV Catalogue and the contract anthonzed by this ordinance is in the best interests of the City and complies with the requirements of Subchapter B of Chapter 2157 of the Texas Government Code as a QISV Catalogue purchase, and WHEREAS, the City Council has provided m the C~ty 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 The numbered items m the following numbered purchase order for materials, equipment, supplies, or services, shown m the "Purchase Orders" listed hereon, and on file in the office oft,he Purchasxng Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 12574 DataCom Power, Inc $ 39,881 SECTION II By the acceptance and approval of the above numbered items set forth m the attached purchase orders, the City accepts the offer of the persons submitting the bids to the General Services Commission for such ~tems and agrees to purchase the materials, equipment, supplies or services in accordance w~th the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed w~th the General Services Commission, and the purchase orders issued by the City S \Our Doeuments\Ordmances~01\PO 12574-DataCom Power (2-01) NEW QISV doc SECTION III Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or his designated representative ~s hereby authonzed to execute the written contract, provided that the written contract is in accordance with the terms, conditions, specifications and standards contmned in the Proposal submitted to the General Services Commission, quantities and specified sums contmned in the City's purchase orders, and related documents herein approved and accepted SECTION IV By the acceptance and approval of the above numbered 1toms set forth in the subject purchase orders, the City Council hereby authorizes the expenditure of funds there-for in the amount and in accordance with the approved purchase orders or pursuant to a written con-tract mad e pursuant thereto as authorized herein SECTION V Tlus ordinance shall become effective immedaately upon its passage and approval PASSED AND APPROVED tins day of , 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CIT/¥ ATTORNEY Agenda Item AGENDA INFORMATION SHEET AGENDA DATE: March 6, 2001 DEPARTMENT: Engineering CM/DCM/ACM: David Hill, ACM/Development Services 349-8314 SUBJECT Consxder approval of an or&nanee approving a Local ProJect Advance Funding Agreement between the Cxty of Denton and the Texas Department of Transportatxon to prowde for the eonstructmn and fundmg of certmn pubhc xmprovements for US 77 from Interstate 35 to US 380, authorizing the expenchture of funds therefor, and prowd~ng an effectxve date BACKGROUND The Local ProJect Advance Funding Agreement is the supplement to the Master Agreement that City Council approved m 2000 That agreement covered general con&txons and requirements for all state-c~ty projects The attached agreement (LPAFA) covers specific agreements for the US 77 project between US 380 and IH 35 The project was ongmally approved m the 1980's as part of the Metro PASS Program Texas Instruments and the Cxty of Denton originally agreed to contrxbute $500,000 each toward the project Smee that time, the Cxty of Denton assumed complete responsxbthty for the $1 mflhon commitment Add~tmnal commltments assumed by the Cxty ~nclude colored, textured nprap at the intersections, sxdewalks, streethghts at two mtersectmns (Bohvar and N~cosm), and the cost of contract adm~mstratmn for TXDOT to bmld the project Total cost for ad&t~onal work xs $228,839 10 These are estxmated costs and may rise or decrease after the b~d xs awarded to the lowest acceptable bid by TXDOT Staffls concerned that the project could be subject to cancellation ffthe Cxty of Denton ~s not able to meet all ~ts reqmrements by th~s summer ProJect ftm&ng was secured from a now defunct program (PASS) once admunstered by FHWA and TXDOT, and a t~me hmxt for commencement of construction has been set as June 2001 OPTIONS 1 Adopt the attached draft ordinance 2 Dechne to adopt the attached ordinance 3 Postpone actton for further dlscussxon or research RECOMMENDATION Staff recommends approval of the attached ordxnance to avmd potentml loss of fun&ng for the project ESTIMATED SCHEDULE OF PROJECT June 2001 ProJect letting according to Denton Area Office -February 2001 Update PRIOR ACTION/REVIEW (Council, Boards, Commissions) Approval of Master Agreement -All TXDOT Project Ordinance 2000-226 Approval of One way flows on Elm and Locust from US 380 to Junction of 2164 and US 77 FISCAL INFORMATION Total estimated commitment ~s $1,228,839,10 Funding for the project is avmlable for the US 77 project as part of the fiscal year 2000-01 Capital Improvements Program ~n the amount of $1 45 mdhon Additional expenses beyond the original commitment of$1 m~lhon for right-of-way acqms~t~on, which ~s not yet compete, may require further use of these funds The total cost of the TXDOT project ~s $10,900,000 ~n construction dollars The city's leverage ~s about 5 1 on tins project W~thout C~ty of Denton partm~patlon, the US 77 project would not compete favorably for funding when placed in a program where ehg~bfl~ty is based on cost per vehicle per m~le ATTACHMENTS Draft Ordinance w~th LPAFA Respectfully s_ubmltted~ Assistant C~ty Manager-Development Services Acting D~reetor - Engmeenng 2 S \Our Docum~nts\Ordmances\01\US 77 Sidewalk LPAFA doc ORDINANCE NO AN ORDINANCE APPROVING A LOCAL PRO~ECT ADVANCE FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR THE CONSTRUCTION AND FUNDING OF CERTAIN PUBLIC I~IPROVEMENTS FOR US 77 FROM INTERSTATE 35 TO US 380, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I The City Manager is hereby authorized to execute a Local Project Advance Funding Agreement between the City of Denton and the Texas Department of Transportation in substanttally the form of the Agreement which is attached to and made a part of this ordinance for all purposes, to provide for the construction and funding of certmn pubhc improvements for US 77 fi.om Interstate 35 to US 380 and related purposes SECTION 2 The City Manager is authorized to make the expenditures as set forth in the attached Agreement SECTION 3 Tbas ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED tlus the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM CSJ 0195-02-040 ProJect No C-195-2-40 I-hghway U S 77 Lmnats I H 35 to U S 380 STATE OF TEXAS § Funding Category PASS COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For a State Pmnc~pal Arterial Street System Prolect THIS Local ProJect Advance Funding Agreement (LPAFA) ~s made by and between the State of Texas, acting by and through the Texas Department of Transportatmn, hereinafter called the "State", and the C~ty of Denton, acting by and through ~ts duly authorized officials, hereinafter called the "Local Government" WlTNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through th~s LPAFA, and, WHEREAS, the Texas Transportation Commission passed Manute Order 108310 that provides for the development of, and funding for, the project describe here~n, and, WHEREAS, the Govermng Body of the Local Government has approved entenng into th~s LPAFA by resolution or orchnance dated , which ~s attached hereto and made a part hereof as Attachment A for development of the specific project which ~s ~dent~fled m the locataon map shown as Attachment B NOW, THEREFORE, ~n conslderaUon of the premises and of the mutual covenants and agreements of the part~es hereto, to be by them respectively kept and performed as hereinafter set forth, ~t is agreed as follows AGREEMENT L The pemod of this LPAFA is as stated m the Master Agreement, without exception 2. TernunaUon of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3 Amendments to this LPAFA shall be made as described in the Master Agreement, without exception 4 Scope of Work The scope of work for th~s LPAFA ~s described as the constructaon of concrete s~dewatk, concrete s~dewalk ramps, and ~ntersect~on hght~ng at locations requested by the C~ty for the US 77 reconstruction, from IH 35 to US 380 5 Right of Way and Real Property shall be the responslblhty of the Local Government, as stated in the Master Agreement, without exception 6. Adjustment of utilities will be provided by the Local Government as required and as stated In the Master Agreement without exception. 7 Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement, without exception. 8. Compliance with Texas Accessibility Standards and ADA will be as stated In the Master Agreement, without exception. 9 Architectural and Engineering Services will be provided by the State, as stated in the Master Agreement, without exception. The State is responsible for performance of any required architectural or prehmmary englneenng work The Local Government may review and comment on the work as required to accomplish the pubhc purposes of the Local Government The State will cooperate fully wxth the Local Government ~n accomphsh~ng these local public purposes to the degree perrmtted by State and Federal law 10 Construction Responsibilities will be carried out by the State, as stated in the Master Agreement, without exception. 11. ProJect Mmntenance will be undertaken as provided for in the Master Agreement, without exception 12. Local Project Sources and Uses of Funds a Project Cost Estimate A ProJect Cost Estimate IS prowded ~n Attachment C b A Source of Funds estxmate xs also provided xn Attachment C Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources c The Local Government xs responsible for all non-federal and non-state funding, xncluchng all project cost overruns, unless provided for through amendment of th~s agreement d After executaon of thxs LPAFA, but prior to the performance of any work by the State, the Local Government will remit a check or warrant made payable to the 'Texas Department of Transportation "in the amount specxfied ~n Attachment C as the local contnbutxon for Prehrmnary Engineenng The Local Government wxll pay at a nummum ~ts funchng share for th~s estimated cost of prehrmnary engIneenng as stated In the Local Project Sources and Uses of Funds provision of the Master Agreement e S~xty (60) days prior to the date set for receipt of the construction bxds, the Local Government shall renut ~ts remaining financial share for the State's estimated construction oversight and construction costs and any others costs owing f In the event the State determines that add~txonal funding ~s requxred by the Local Government at any time dunng the development of the Project, the State wxll notify the Local Government in writing The Local Government w~ll make payment to the State wxth~n thirty (30) days from receipt of the State's written notIfxcat~on 12 Incorporation of Master Agreement Provisions This LPg_FA incorporates all of the governing provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein 14 Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented IN TESTIMONY HJEREOF, the parties hereto have caused these presents to be executed in duphcate counterparts THE LOCAL GOVERNMENT - CITY OF DENTON By Michael ~[o Jez Title City Manager Date THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Cormmss~on for the purpose and effect of actavatlng and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Cormmsmon By Jennifer D Soldano, Director Contract Services Office Date Agenda Item AGENDA INFORMATION SHEET AGENDA DATE: March 6, 2001 DEPARTMENT: Fiscal and Mumclpal Services ~) ~3~ ACM Kathy DuBose, Fiscal and Municipal Servlces SUBJECT Consider approval of a Resolution supporting a sales tax on products and servmes purchased on the Interact ensunng eqmtable treatment of retailers located m the City of Denton and preserving the local sales tax base needed to deliver city services BACKGROUND With the 1998 Internet Tax Freedom Act moratorium on new, multiple, and d~scnmmatory taxation of eleetromc commerce and on transaction taxes on thc sale of Interact access expmng ~n October 2001, legislative initiatives started surfacing in early February in both the House and Senate Among them are several new proposals that would not resolve the underlying electromc tax collection concerns of state and local governments, but would extend the 1998 moratorium five years or make it permanent Another approach would attempt to develop a consensus bill with the input of all stakeholders However, until a final bill is drafted and introduced, we will not know if ~t will indeed address the concerns of state and local governments Also, a concern is that as voice, data and entertmnment services converge and are conveyed over the Internet, a permanent ban on taxing access fees would exempt these services from state and local taxation as well as regulation If thc currently introduced leglslatmn (SB and a yet unnumbered house bill) is enacted m its current form, the bills would have mgmficant negative ~mphcatlons for the future of state and local sales tax revenues RECOMMENDATION That the City of Denton via resolution · Support federal legmlatmn authonmng state and local governments to reqmre the collection of legally due sales and use taxes on goods and servmes and oppose any legmlat~on that could have the effect of permanently barring collection of sales and use taxes on onhne purchases, · Oppose any extension of the current moratorium unless ~t is linked to Congressional authorization for states and local anthontles to rcqmre collection of sales and use taxes on remote sales, · Support federal legislation that addresses various approaches to tax s~mphficat~on, mcludang the use of technology to substantmlly reduce the burden of collecting sales and use taxes an anterstate transactions, · Support joant federal, state and local efforts to develop fair and eqmtable sales and use tax collectaon strategaes PRIOR ACTION/REVIEW (Council, Boards, Commass~ons) None FISCAL INFORMATION Please refer to the attached resolutaon EXHIBITS Resolution Respectfully submitted Anna Mosqueda D~rector, Management and Budget C \WINDOWS\TEMP\INTERNET SALES TAX RESOLUTION doc RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTING A SALES TAX ON PRODUCTS AND SERVICES PURCHASED ON THE INTERNET ENSURING EQUITABLE TREATMENT OF RETAILERS LOCATED IN THE CITY OF DENTON AND PRESERVING THE LOCAL SALES TAX BASE NEEDED TO DELIVER CITY SERVICES WHEREAS, state and local governments rely on sales tax revenues to pay for pubhc services, and WHEREAS, under current law, local retmlers ~n the C~ty of Denton are required to collect sales and use taxes on transactions regardless of whether they are conducted over-the- counter, over the Internet, telephone or by mml order, whale out-of-state or remote sellers are under no such obhgat~on, and WHEREAS, the C~ty of Denton has a local option sales tax that ~s a s~gmficant revenue source comprising 31% of the General Fund revenue stream that ~s used to promde wtal pubhc servmes and the C~ty of Denton also receives state funds derived from sales tax to support a number ofpubhc servmes, and WHEREAS, nationwide, sales tax comprises nearly half of the tax revenues collected by states and thstnbuted to local governments, and WHEREAS, the growth of the Interact has so ~ncreased consumer use of remote sales that between 1997 and 1998 the number of retmlers sethng ~n the Intemet grew from 12% to 39%, and WHEREAS, 93 5% of e-commerce transactions wall not be new consumer transactions and merely a d~splacement of traditional retml sales, and WHEREAS, the Interact Tax Freedom Act dmcnm~nates agmnst c~t~zens w~thout Internet access because they w~ll continue to pay sales tax on purchases from local stores, and WHEREAS, e-commerce retmlers wall experience an unfmr tax advantage over local "Matn Street" or bricks and mortar businesses if the Intemet Tax Freedom Act ~s made permanent, and WHEREAS, the National Governors Assocmt~on estimate state and local government revenues from sales tax could decrease by 20% by 2003 ~fthe Internet Tax Freedom Act ~s made permanent, and WHEREAS, charging sales tax for onhne purchases ~s not a NEW tax and a book purchased at Borders Bookstore and a book purchased at Amazon com should be subject to the same taxes, and C \WINDOWS\TEMP\INTERNET SALES TAX RESOLUTION doc WHEREAS, the Advisory Commission on Electronic Commerce is considenng proposals to address e-commerce related taxation issues, ~nclud~ng one jointly submitted by the National Governors' Association, Council of State Governments, National Conference of State Legislatures, National Association of Counties, US Conference of Mayors, National League of Cities, and International City/County Managers Association entitled "Streamlined Sales Tax System for the 21st Century", NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SI~CTION I The C~ty of Denton supports applying the same sales tax rules to products and services purchased on the Internet as those purchased through traditional means ensunng equitable treatment of retailers located in Denton and preserving the local sales tax base needed to deliver city services SECTION 2 The City of Denton hereby opposes attempts by the United States Congress to enact further legislation to extend the moratorium and thereby pre-empt the authority of state and local governments SECTION 3 The City of Denton hereby supports the "Streamhned Sales Tax System for the 21st Century" submitted on behalf of state and local government officials SECTION 4 That th~s resolution shall be of force ~mmediately upon ~ts passage in accordance with the Charter of the City of Denton and ~t ~s accordingly so resolved SECTION 5 That the C~ty secretary shall submit this resolution to the Denton Congressional delegation and to such other part,es as appropriate PASSED AND APPROVED this the day of ,2000 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ~,~enda Item_ . '~ _ AGENDA I~ORMATION SHEET AGENDA DATE March 6, 2001 DEPARTMENT Airport ACM Son Fortune, ACM, Pubhc Safety and Transportation Operations SUBJECT Consider approval of a resolution of the City of Denton, Texas, supporting Federal Funding for Airport development projects at the Denton Municipal Airport located in the City of Dentun, Texas, and provldmg for an effective date BACKGROUND Staff has identified three capital projects at the Denton Municipal Airport that if funded would slgmfieantly improve the level of service that the Denton Municipal Airport can provide the North Texas aviation community These projects are included in the 1994 Airport Master Plan and have been identified in the 1 O-year CIP submitted to the Texas Department of Transportation, Aviation Division Staff believes Spring 2001 is an opportune time to approach the Congressional Delegation in Washington, D C to request federal chseretlonary funding of the proposed projects The three projects include additional funding for the construction of an air traffic control tower (ATC), realignment of the main taxlway, and the extension of Runway 17 1,500 feet to the north The taxlway and runway project, if approved, should be available for a ninety-percent (90%) federal match As you know the current year CIP includes funding of $720,000 to partially fund an air traffic control tower and to purchase the right-of-way for the extension of the runway It may be possible to use this money as a local match to completely fund all three projects with the assistance from federal funding RECOMMENDATION Staff recommends approval of the attached resolution to indicate the City's support of federal funding to complete these Airport capital improvement projects PRIOR ACTION/REVIEW At the February 27 Council work session, staff received direction from City Council to approach the Congressional Delegation on this proposal and to prepare resolution for Council approval that would demonstrate commitment by the local government for these proposed improvements Respectfully submitted ~o~n~ ~! Ass~st~-~t C~ty IV~anager 2 RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTING FEDERAL FUNDING FOR AIRPORT DEVELOPMENT PROJECTS AT THE DENTON MUNICIPAL AIRPORT LOCATED IN THE CITY OF DENTON, TEXAS, AND PROVIDING FOR AN EFFECTiVE DATE WHEREAS the Denton Mumclpal Airport was formally dedtcated in 1947 and has served the mt~zens and businesses of Denton for the past fifty~three years, and WHEREAS the Denton Mtmm~pal Airport is a key component of Denton's multi-modal transportataon system, and WHEREAS the Denton Mumc~pal A~rport has experienced s,gmficant growth ~n mr traffic for the past four years, and WHEREAS pnvate development has contnbuted to more than $3 5 m~lhon ~n facthty development over the past four years, and WHEREAS the Denton Mummpal Airport serves as an anchor for a major ~ndustnal development area m Denton, and WHEREAS the Denton Murat,pal A~rport's rehever status helps reheve congestton at the Dallas-Fort Worth International A~rport and serves as a gateway into the commumty, and WHEREAS the cmzens of Denton have approved a bond program that includes $720,000 for a~rport Lmprovements and can be used as matching funds for federal grants for certam mrport development projects, and WHEREAS, The A~rport Adwsory Board recommends that the C,ty of Denton support funding from the Federal Awat~on Admm~strat~on for the ~mprovement and construction of certain capital projects to increase the safe and effiment operation of the Denton Mumc~pal A~rport, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SF, C, TION 1. The Counctl of the City of Denton supports Federal funding from the Federal Avlatton Admmastrat~on relatmg to certain mrport development projects SE, C,T_ID.12L~ That th~s resolutmn shall be of force ~mmed~ately upon ~ts passage ~n accordance w~th the Charter of the C~ty of Denton and ~t is accordingly so resolved SECTION 3 That the C~ty Secretary shall submit this resolut,on to the Denton Congressional delegaUon and to such other part~es as appropriate PASSED AND APPROVED fins the ___ day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY AGENDA DATE: March 6, 2001 DEPARTMENT: Planmng Department CM/DCM/ACM' Dave Hill, 349-8314 SUBJECT - ZP00-0008 (Robinson Oaks) Hold a public hearing and consider adoption of an ordinance approving a Zoning Plan to rezone 34 1 acres from Planned Development (PD-100) and Single Family (SF-71[c]35) zoning districts to a Planned Development (PD) zonmg district The property is generally located north of Robinson Road, between Teasley Lane and State School Road A single family subdivision with an amenity center and open space is proposed The Planning and Zoning Commission recommends approval (7-0) BACKGROUND The applicant is requesting rezomng for a single family subdivision of 34 1 acres with approximately 122 lots at a density of 3 58 units per acre An amenity center, a hike/bike trail, and an open space area are also proposed for this site The amenity center and open space comprise 5 48 acres, approximately 16 1% of the site Three design elements from the Interim Regulations are proposed The proposed zoning plan intends to save slightly less than 50% of the Environmentally Sensitive Area by setting aside approximately 5 acres The proposed development density of 3 58 units per acre is less than the surrounding residential area, but higher than that allowed under the Interim Regulations of 2 87 units per acre with 3 design features and preservation of the open space (See Attachment 1) The Interim Regulations allow lots less than 10,000 square feet, with density transfers from Environmentally Sensitive Areas While the density is higher than that allowed under the Interim Regulations, the project has incorporated many of the design elements proposed by staff, preserves a significant portion of the Environmentally Sensitive Area, and does not exceed the density of the surrounding developments )~ The majority of the subject property is located in the Planned Development (PD-100) zoning district created in August 23, 1985 by Ordinance 85-159 and revised on August 13, 1986 by Ordinance 86-143 A pomon of the subject property is located in the Single Family (SF- 7[c]35) zoning thstnct created in July 2, 1996 by Ordinance 96-145 > The Denton Plan shows this area to be within an Existing Nelghborhood/Infill CompatlNhty area, with an Environmentally Sensitive Area noting Upland Habitat Within estabhshed residential areas, new development should respond to existing development with compatible land uses, patterns, and design standards The Denton Plan recommends that exlmng neighborhoods within the city be vigorously protected and preserved Housing that is compatible with the existing density is allowed The Environmentally Sensitive Areas encourage the preservation of native habitat and should be evaluated when consldenng new development The proposed uses are consistent with the Denton Plan 1. Compliance with draft Zomng The draft zoning map denotes this site as "Neighborhood Residential at 4 units per acre" (NR-4), which allows Single Family units by right Six (6) property owners were notified of the zoning request One (1) response has been received in favor &the request OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval (7-0) of this zoning request ESTIMATED PROJECT SCHEDULE A Project Plan zs required as the next step in the zoning process, which has been submitted and approved by the Planning and Zomng Commlssmn on February 14, 2001 After a Project Plan approved by C~ty Council, a Prehmmary Plat and a Final Plat must be submitted for approval PRIOR ACTION/REVIEW The following is a chronology of ZP00-0008, commonly known as Robinson Oaks Prior City Council Actions - April 4, 2000, denied a request for rehef of the Interim Regulations April 18, 2000, denied a request to reconsider the rehef of the Interim RegulaUons Application Date- June 21, 2000 DRC Dates - June 29, 2000, September 28, 2000, and January 18, 2001 P&Z Dates - October 25, 2000, November 8, 2000, December 6, 2000, January 10, 2001, and February 14, 2001 FISCAL INFORMATION Development of this property will zncrease the assessed value of thc c~ty, county, and school district It will require no short-term pubhc improvements that are the respons~bihty of thc city ATTACHMENTS 1 Planmng and Zoning Commission Report, February 14, 2001, ZP00-0008 2 Planning and Zomng Commission minutes from February 14, 2001 3 Draft Ordinance 2 Respectfully submitted "DouglaSS Powell, AICP D~rector of Planmng and Development Prepared by Beth Hudson Planner I 3 ~ ATTACHMENT I ~ PLANNING AND ZONING COMMISSION ~>~a,t~_ :~ g _ STAFF REPORT ~a'e ,-~ / .+/'~'~ / Subject' Zomng Plan - Robinson Oaks Case Num~berTM ZPO0-O008 ~ Staff Beth Hudson, Planner I Agenda Date February 14, 2001 Conbnue a public hearing and consider making a recommendation to the C~ty Councd concerning the Zoning Plan of 34 1 acres from a Planned Development and Single Family conditioned (PD-100 & SF- 7[c]) zomng dmtricts to a Planned Development (PD) zoning d~stnct A tangle famdy subd~vm~on w~th an open space and amemty center ~s proposed Denton State Schod ~ ~ ~ MHP ~, LOCATION MAP Location Generally north of Robinson Road, between Teasley and State School Road Size' 34 1 acres 4. Applicant Lloyd B Biaylock Owner same L&CB Partners 6116 N Central Expwy, # 1313 Dallas, Texas 75206 The apphcant ~s requesbng a Planned Development (PD) zoning d~stnct classification for th~s 34 1 acre property The apphcant ~s proposing a s~ngle family development at a density of 3 58 dwelhng un~ts per acre The Zoning Plan proposes 122 s~ngle family residential lots, an amemty center, a h~ke/b~ke tra~l, and an open space for th~s site The amenity center and open space comprise 5 48 acres, approximately 16 1% of the site Three design elements from the Interim Regulabons are proposed (see Enclosure 1) 1999-2020 Denton Comprehensive Plan The Denton Plan shows th~s area to be w~thm an Existing Ne~ghborhood/Infill Compatlb~hty area The s~te also contains an Environmentally Sens~bve Area, specifically upland habitat (see Enclosure 2) W~th~n estabhshed residential areas, new development should respond to ex~st~ng development w~th compabble land uses, patterns, and design standards The Denton Plan recommends that ex~sbng neighborhoods with~n the c~ty be vigorously protected and preserved Housing that ~s compatible w~th the existing density is allowed The Environmentally Sens~bve Areas encourage the preservation of native habitat and should be evaluated when cons~denng new development Although the proposed uses are consistent w~th The Denton Plan, the proposed density ~s h~gher than that allowed under the Intenm Regulabons (see Staff Analys~s) 1. Transportation A Tnp generation The proposed development would generate approximately 1,159 tnps per day*, ~f built out with 122 single family residences A Traffic Impact Analys~s has been submitted and rewewed as part of the Zomng Plan/Concept Plan The Traffic Impact Analys~s ~ndlcates that participation ~n a proposed signal at Robinson Road and Teasley Lane w~ll be sufficient to cover the increased traffic on the adjacent road system, resulting from the proposed development * Calculations provided by the Institute of Transportation Engineers, 1991 B Access The s~te w~ll have access onto Robinson Road only C Road Capacity Robinson Road is ~denbfied as a secondary major artenal road by the 1998 Denton Mob~hty Plan (see Enclosure 3) This read is designed to be a 4 lane und~wded street without parking, prowd~ng 4 lanes of threugh traffic As such, its designed traffic capacity allows for a tolerable traffic flow of I up to 14,900 trips per day Robinson Road is currently constructed w~th 2 lanes without parking The most recent traffic counts for Robinson Road of 1422 trips per day ~n 1999 ~nd~cates that thero ~s adequate capacity to handle the calculated tnps that could be generated by the proposed development Due to ~ncraased development ~n the ~mmed~ate area, Robinson Road w~ll be upgraded ~n the next 3 years ~n th~s area Futura FM 2499 is Identified as a pnmary major artenal road by the 1998 Denton Mob~hty Plan This road ~s designed to be a 6 lane d~vlded street without parking, prowdlng 6 lanes of through traffic As such, ~ts designed traffic capacity allows for a tolerable traffic flow of up to 27,900 tnps per day Future FM 2499 ~s being designed by the Texas Department of Transportation currently and ~s expected to be constructed w~thin 5 years D Pedestnan L~nkages S~dewalks along all pubhc streets are requ~rod 2 Utilities Th~s s~te has access to existing water and sanitary sewer hnes 3. Drainage and Topography New development w~ll be required to design and construct a drainage system to c~ty standards General drainage calculations were prowded w~th the Zoning Plan A prehmlnary drainage study w~ll be required with the submission of a prahmmary plat The study must ~nclude calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property The developer must red,cate the method by which the run-offwlll be carried across the property or stored on the property Imt~al calculations ind~cate that storm drainage can be facilitated 4 Signs Two subdivls~on entry signs are proposed along Robinson Road 5 Off-Street Parking Each lot w~ll be providing 2 off-street parking spaces 6 Landscaping Th~s property w~ll have to comply w~th the Landscape Code, which raqu~ras 15 trees per acre and 20% of all surfaces to remain pervious (plantable area) 7. Open Space and Recreational Areas An amenity center and open space area at 5 48 acres, to be maintained by a home owners association, ~s proposed In addition, th~s rasldenbal development w~ll be requirad to participate ~n the development of pubhc recreational areas Through the Park Dedication Ordinance (98-039), th~s development w~ll contribute to park land dedication and park development fees Dedication requirements ara required dunng the platting process Park development fees are raqu~red pnor to the ~ssuanoe of building permits 8 Lighting S~ngle family ras~dent~al uses typically are not subject to hghtmg standards 9 Environmental Quality Impacts Trees- Almost 2/3 of the s~te ~s currently mapped as an Enwronmentally Senslbve Area for upland habitat The Environmentally Sensitive Map notes tree stands that are 10 acres or larger Development ~n and around tree stands s~gnificantly affects the long-term health of each tree and negatively affects the v;tahty of the habitat The apphcant has mapped the tree stands, wh;ch more accurately denotes the tree stands as approximately 11 acres, or one-third of the s~te S~te analys~s by staff verified the actual habitat area Topography - The natural topography of the s~te produces grade changes from an elevabon of 630' to an elevabon of 672', w~th one prominent h~lltop connecting to a smaller knoll July 1, 1983 -A port~on of the subject property was placed ~n the Planned Development (PD-54) zoning d~stnct and land use classification by Ordinance 83-62 August 23, 1985 - The majonty of the subject property was placed in the Planned Development (PD-100) zoning d~stnct and land use classification by Ordinance 85-159 (see Enclosure 4) August 13, 1986 - Planned Development (PD-100) zoning district and land use classification was rewsed by Ordinance 86-143 July 2, 1996 - A port~on of the subject property was placed in the Single Family (SF-7[c]35) zoning d~stnct and land use class~ficabon by Ordinance 96-145 April 4, 2000 - C~ty Council demed a request for relief of the Interim Regulations April 18, 2000 - C~ty Council demed a request to reconsider the rehef of the Interim Regulations October 25, 2000 - Planmng and Zoning Commission opened and continued the pubhc heanng November 8, 2000 - Planmng and Zomng Commission opened and continued the pubhc hearing December 6, 2000 - Zomng Plan ~s presented for a pubhc hearing at the Planning and Zoning Commms~on meebng, the Commission conbnued the public hearing January 10, 2001 - Planning and Zomng Commission opened and continued the pubhc heanng The subject property is partially platted and would need to be replatted pnor to any development Not~ce of the zoning raquest was pubhshed m the Denton Record-Chromcle on October 14, 2000 S~x property owners within 200 feet were ma~led legal notices, and 39 residents w~th~n 500 feet were sent courtesy notices ~nform~ng them of the request (see Enclosure 5) As of th~s writing, there has been one response ~n favor of the request (see Enclosure 6) No neighborhood meebngs have been held 7 An Environmentally Sens~bve Area (ESA) covers approximately 11 acres of the 34 1 acre s~te The design and placement of the proposed s~ngle-fam~ly units ~s critical for the preservation of the ESA Although the Interim Regulations do not specifically address development w~th~n the ESA, the draft Development Code would limit development to preserve a minimum contiguous portion of 50% of the ESA The proposed zoning plan intends to save slightly less than 50% of the Enwronmentally Sens~bve Area by setting aside approximately 5 acres, which generally meets the ~ntent of the I ntenm Regulations The proposed development density of 3 58 units per acre ~s less than Oakmont II on the east at 4 05 umts per acre, Wheeler R~dge to the south at 4 0 units, and Lakewood Mobile Home Park to the west at 4 97 units per acre, but h~gher than that allowed under the Interim Regulations of 2 87 umts per acre w~th 3 design features and preservation of the open space (see Enclosure 7) The Interim Regulations allow lots less than 10,000 square feet, when density transfers from Enwronmentally Sensitive Areas are provided Th~s Zoning Plan proposes density transfers from the Environmentally Sensitive ^rea and density increases for design features Wh~le the density ~s h~gher than that allowed under the Interim Regulations, the project has incorporated many of the design elements proposed by staff, preserves a s~gmficant port~on of the Enwronmentally Sensitive Area, and does not exceed the density of the surrounding developments Staff recommends approval of ZP-00-008 I move to recommend approval of ZP-00-008 1 Recommend approval as submitted 2 Recommend approvalw~th conditions 3 Recommend demal 4 Postpone cons~deration 5 Table ~tem 1 Zoning Plan 2 Future Land Use Map w~th Environmentally Senslt,ve Areas 3 Denton Mob~hty Plan Map 4 Zoning Map 5 200'-500' Notification Map 6 Property Owner Response 7 Density Calculations 8 ENCLOSURE 2 ~ ZP00-0008 {Robinson Oaks) NORTH FUTURE LAND USE MAP WITH ENVIRONMENTALLY SENSITVE AREAS pg t2 Scale. None - ENCLOSURE 3 A ZP00-0008 {Robinson Oaks) NORTH Pnmary Major ..' Arterial / Secondary ... Major Z Arterial ~ ."" Co~ DENTON MOBILITY PLAN MAP pg 13 Scale' None ENCLOSURE 4 ,~ ZP00-0008 (Robinson Oaks) NORTH A SITE A~th SUP 166 PD-100 PD-176 PD-170 ZONING MAP pg 14 Scale None F~ ENCLOSURE5 (~ ZP00-0008 (Robinson Oaks) NORTH 200'-500' NOTICE MAP 200' Legal Notices sent wa Certified Ma~l 6 500' Courtesy Notices sent wa 1`t Class Mall 39 Number of responses to 200' Legal Nobce · Opposed 0 .In Favor 1 oNeutral 0 Percent of land within 200' in opposition 0% pg 15 Scale None OOT-]6-O0 HON 08:33 A~I DENTON STATE $~"'^^' ~ I, ln 940-591-3300 P. OI i, ,, . ENCLOSURE 6 NOTZCE OF PUBLIC HEARING ZP-00.008 and SP-00-009 The Planning and Zoning Comrnisslon of the City of Denton will hold a public heating on Wednesday, October 25, 2000, to consider recommending approval to City Council the Zoning Plan and Project Plan for Robinson Oaks, commonly known as 3501 - 3521 Robinson Road. In PD-100 and SF-7[c]35 zoning d;stncts The 36.1138 acre property located east of Teasley Lane and north of Robinson Road A single family subdivision wlth an amenity center Is proposed The public heanrlg will start at 6 00 p m in the City Counc~i Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property w/th/n 200 feet of the subject property, the P/anl~lrig and Zorilng Commission would Ilks fo hear ~2ow you feel about this zonzng change request and Inwtes you to attend the public hearing PJease. in order for your opinion to be taken ,nto account, return this form with your comments prior to the date of the public heanng (This in no way proh/b~s you from attending andpartlclpabng in the public hearing ) You may fax it to the number located at the bottom, mall it to the address below, or drop it off in-person Pl'anni~ ~nd OeV~lophte'nt Deparimerrt - 221 N Elm St, Denton, Texas 76201 Attn: Beth Hudson, Planner I The zoning process includes two public hearings designed to provide opportunities for c~t~zen involvement and comment Plier to the public hearings, landowners within 200 feet of the subject property are notified of the zoning request by way of thLs notice The first public hearing is held before the Planning and Zoning Commission The Commission is Iriformed of the percent of responses support and in opposition Second, the zoning petition is forwarded to the City Council for final act;on pr(~vldmg the Commission rebommends approval Should the Commission recommend denial, the pet~ioner may then appeal the request to the City Council ' If owners of more than 20 ~ of the land area w~thin 200 feet of the site submit written opposition, then slx out of seven votes of the City Council are required to approve the zonlng change These forln$ are used to calculate the percentage of landowner oppos~tion Please circle one. ~r of req~Jest~ Neutral to request Opposed to request Comments: Signature PI1ntsd Name Cl~, mate Zip Telephone Numbe~ Phys~l Addm~ CITY OFDENTON, TET. A$ CITYHALLWEST · DENTON. TEXAS 76201 - 9403498350 · (F) 940 349 TZ07 16 ENCLOSURE 7 DENSITY CALCULATION WORKSHEET Robinson Oaks Area Summary/Base Density Calculahon LaRd Classification Area (acres) Base Density # of Lots Floodway 0 0 0 Flood Fnnge 0 1 5 0 Other ESA 11 0 1 5 16 5 Unconstrained 23 1 3 0 69 3 TOTAL 34 1 85 8 Base Density (86 umts / 34 1acres) 2 52 un~ts par acre Increased Density ~alculation for Open Space Features Percentage of Land as Density Factor/ Increase in Open Space Density ' q5.4% 10% of base DUA* 0 25 DUA *calculated by a 1% increase m dcnsr , for the first 5% of land area for open space and an additional 1% of density for each 1% of land area m o ~en space, up to a maximum density increase of 10% Increased Density Calculation for Design Features Number of Design Density Factor Increase in Elements Density 3 0 1 DUA per 3 elements 0.1 DUA Total Density with Dedication and Design Features Base Density (68 umts / 34 1acres) 2 52 un~ts per acre Density due to Open Space Features 0 25 umts per acre Density due to Design Elements 0 1 un~ts per acre TOTAL ALLOWED DENSITY 2 87 umts per acre Total Allowed Number of Unite 2 87 dua X 34 1 acres 98 umts Proposed Density - 122 umts/34 1 acres = 3 58 umts/acre 17 ATTACHMENT 2 Page 3 P R O C E E D I N G S 1 They have preserved shghtly less than 50 MR MCNE[LL seeing that we have a ~ 2 percent which Is a good chunk ~wards meeting the intent 11 open the February ; and 3 of the interim regs They re a ~ls, o proposing a Comrmssmn on this % 4 neighborhood amenmes cen~er vnth a private pedcsman 5 Valentine's Day item on our 5 access way, so that the people who hve along the eastern 6 to consider approval of the ~ 6 edge of the boundary can ',~ alk &racily to the park without 7 ,10and 7 havmg to walk around the block Thelotsare range 8 I'll move a f the nunules 8 between 7,000 and 10,000 square feet They're single 9 9 family and staff is rccommenchng approval 10 MR 10 MR MCNEILL colmIl~5~qlongts, do you have a 11 moved and seconded we 11 question for staff on this zoom:g recommendattan~ Any 12 approve the minutes two meetings Is them any 12 questions? Commissioner Wfl.hams 13 discuss~on? Vote on Molaon passes 13 MR WILL!AMS ! m loc~ng on the ledggr, I 14 7-0 to tho next 14 could not find out what the -- I'm assuming these are 15 Agenda item, ; nice video that was 15 envlromnentally sensitive areas is that ~u¢? 16 done there and makes a nice 16 MS HunsoN 'these ax~as in through here is 17 our conumss~on 17 that thc area that you're looking at, the squiggly hncs'~ lg 18 MR WILLIAMS Thet~ $ squiggly lines all over 19 ~ next item on our Agenda is 19 the whole map 20 There's one correction to that 20 MS HUDSON The cth"~d hncs are the area of but Item 5 m your A~enda, that's m i 21 the envn'onmentally sensm~ e aa-ca -- umtanal, m your 22 Ma W!LLL~S I had a &fferent map from that 'predmunary" It was posted correctly 23 onc, where the curved hues ~ another one with sqmggly cor~ctmthereport ButjastmthisAgendaItem So 24 hnes all of the way through it Is that tho nght one'~ ~t should say, consider approval of the final plat So do 25 t~s HUDSON I m not cxacdy sure which Page 2 Page 4 I I hear - have; Comnussioners ~ad a chance to review 1 squiggly lines you're tallang about 2 these and talk staff? But at th: I pomt I would see if 2 MR REICHHART It could have been the project 3 there's a mom to approve thc C nsent Agenda 3 plan with the topography 4 Ms AP ~E VII move app ~val 4 MS HUDSON V,C do have two items on the 5 MR l~i:~Et. second 5 Agenda for tMs site tomght The other one -- 6 MR Mq qEILL it's been )red and seconded 6 MR WILLIAMS I$ that the next pro.}ect'~ 7 that we apprev ~Consent A~ ~ Any discussion? 7 MS HUDSO~ Ye~, ~ That's the project 8 Please vote d~ ~thourd MOd~ ~asses 7 0 8 plan We'll be discussing ~'t next Did you have any 9 Our next item is Item 8 on tha Agenda to 9 other questions on the zomng plan'~ 10 consider a pubhc heenng and consider making a 10 MR WILLIAuMS My question ts irrelevant at 11 recommcndation to the City Council conccrmng a planned 11 this point 12 dcvclopmcnt And th~s property is on Robinson Road 12 MS HUDSON Okay 13 bctween Teasley and State School I rcaund you that once 13 MR MCNEILL con~a'uss~oner Moreno 14 weopentl~pubhchennngthatthereisapcnodferthe 14 MR MORENO lguesapage4 of our backup, lt 15 applicant to make a comment, and then anybody opposed, and 15 says almost two-thirds of the site ~s currently mapped as 16 thosc that are m favor of So at tlus pmnt I belmvc 16 an ESA area 17 Ms Hudson has tha staff mport 17 MS HUDSON it w'-,t~ -- that's correet Itwas 18 MS HUDSON Thank you, ladies and 8~ntlamen 18 mapped as an environmentally sensitive -- 19 of the eonmussren The zomng plan that we'r~ looking at 19 MR MCNEILL Co~assloner Moreno, would you 20 tonmght ~s 34 1 acres It's on Robinson Road Teesley 20 turn your mike on9 There you go 21 is to the west And the future Ftvi 24~ is daeofly to the 21 MR MORENO Tile question WaS two-thirds of 22 east D~nton State School is to the north Tlus site has 22 the rote was currently mapped as an ESA area for upland 23 had a lot of work done on it It docs have an 23 habitat, and I didn't qmte understand the rest of the 24 environmentally sensmvc area, wluch ~s an upland habitat 24 discussion on that paragraph 25 m the center of the item as shown hen: 25 MS HUDSON whenever we map an PLANNING AND ZONING FEBRUARY 14, 2001 ~_8 Page 1 - Page 4 CondenseItTM Page 5 Page 7 I environmentally sensmvo area, it's bas~cally a broad ~m BLAYLOCK Thank you 2 brush as to tho general area that we think this covers 2 ~ MCNEILL IS th~T~ anyone in the audience 3 It comes off of an aerial Tho apphcants have the 3 that would hke to speck m support of this mouou9 4 opportunity to go do more thorough mapping on the ground 4 Anyone m the audleccu that would like to speak m support 5 to show us exactly where the environmentally sensitive 5 of the moUon~' Anyone m the audience that would hke to 6 areas are And they have done that and they have shown 6 speck m oppos:t;on to the motion? Anyone to speck m 7 that there are large areas that really don't have any 7 opposmon9 Hecnng none, I will close the public hearing 8 trees m ~t at all, and that would be the southecstern 8 and ask staff ti' they have any closing comments 9 comer and tho northwestern comer So when you teke 9 ~ts m~oso~ tn closing, what I'd like to say 10 those areas out, the effective environmentally sensit~v¢ 10 is that the apphcams have done a s~gmflcant amount of 11 area is only ene-tYmrd of tho site 11 work w~th the staff They have responded to our concerns 12 Mm MOnENO SO IS the - I much, who's tho 12 for thc environmentally sensit~ve area And that's why 13 authority that determines how we change it or what process 13 our staff report at this time ~s recommenthng the prolecl 14 is there to change that? 14 as they x e proposed ii 15 MS HUDSON The environmental comphance 15 MP-. REICHHART I Just wanted to point out one 16 coordinator, Juhe Srmth, went out and walked the site and 16 thing The last page of your backup does have our density 17 verified that the mapped area, tho envtromaentally 17 calculations Per the interim regulations we could get 18 sensitive aren was actlmlly the way the apphcants had 18 2 87 umts per acre with tho ~^ that they'~ seihng 19 submitled ~t So ~t's bas~cally a field venficatton of 19 asule and the three design elements which wdl be conung 20 the broad pamthrush that we had donu ecrhcr 20 up in the project plan which ~s the next casu and the 21 MR MOREIqO SO her own site mspectaen kand 21 applicant ~s propesmg 122 units for a 3 58 unit per acre 22 of venfied what the developer 22 density and that ~s what staff is recommending approval 23 MS HUDSON That's correct 23 on We behex e that the lntenm regulations do allow th~ 24 MR MORENO okny Thanks 24 flexibtht) althcagh we have thc calcalat~ons, there ~s 25 MR MCNEILL NO Other questions Thank you 25 flexibility to allow for higher than that density Page 6 Page 8 1 Is the apphcant or the applicant's representative here MR MCNEILL Very good ~l~lank yoB 2 and would hke to make a statement? State your name and 2 Commissioners, additional discussion or a lllotton9 3 address for the record, plecse 3 Comrmssloncr Gourdle 4 MR BLAYLOCK Mr Chamnan and Commissioners, 4 MS GOURDIE Thank you I do have a 5 my name is C. rceg Blaylock My address ~s 6116 North 5 question I don't understand what you mean by that, that 6 Central Expressway in Dallas I'm here representing the 6 we can put an additional 24 units on a property with all 7 applicant, agem, my father who declined to nome up here 7 the design features added to it and It saying that we 8 agam He's stdl having a hRle trouble w~th l~s back 8 should only be permlttmg 98 units Is this something 9 and evesytlung or h~s neck I'm not asking for an 9 that's going to continue to be subJeCtive or are wc going 10 extension or anytlnn8 fins time I have a two-page 10 into an objective mode here~ 11 pr*pared statement that I could read to y'all I'm not 11 MR RE1CHHART Within the mtenm 12 sure that I necd to do that I think y'all am fanuhar 12 regulntlens, we beheve there's still some flexththty 13 with the history of the project In the backup they 13 In the new regs, therelsn't And the ldea, agmn, wlth 14 provided, has all the calculations and the information 14 the mterma rugs, we .lust started at a blanket three units 15 that I was gemg to givu to y'all 15 per acre Es eryth~ng In the City residential is zoned 16 Bnefly, we had the challenge of the I:-s^ and 16 three umts per aere and the only way you can get more 17 creating a ne~ghborhend that we thought that would work in 17 density Is to either dedicate land for a school site, E~,A 18 Denton, work with the regulations, and that we could work 18 open space, or through the design elements And what 19 w~th We ~nk w~'ve come up with a grect plen for Denton 19 we've found ~s that as you have the smaller lots, 30 20 and for the neighborhood I'm respectfully asking for 20 acres, 50 acres, and up to 100 acres, it's very difficult 21 approval and I'm here to answer any questions that I can 21 for a developer to put a package together ,,'nth a school 22 And my enganeer is also present ~ answer any questions 22 site, you know, 15 acres for a school site and then 23 MR MC~IEILL very good Commissioners, do 23 another 15 acres of open space, and that would allow th~s 24 you have questions for the apphcant? I don't sec any 24 developer three acres to develop and It's hard to get 25 quest~ens So thank you very much 25 ,-,',','asea densities PLANNING AND ZONING FEBRUARY 14, 2001 19 Page 5 - Page 8 CondenseltTM Page 9! Page 11 I And although the calculation worksheet worked I MR MCNEILL okay 2 out at 2 87, when we looked at tho overall aaa of four 2 MR WILLIAMS All througt 3 units per acre to the south and a little bitter tugher 3 MS HUDSON Yes, sir 4 surrounding densities in that area, wo felt that thc 3 58 4 5 w~th thc ~A aaa being preserved and thc open space and 5 6 the amenity, seemed to bca good density for that area 6 WILLIAMS okay 7 MS OOURDIE So thl$ IS strictly an interim 7 very good 8 situation? 8 ME 9 MR REICHHART correct 9 MR taft or lO MS OOURDIE Thank you 10 Thank you So we will 1 MR MCNEILL other questions, comments? Is 11 continue 12 the~ a motion? Conumssioner Holt 12 ~vhcn we closed the preceding one 13 MS HOLT I move to recommend approval of 13 sower ; to hear 14 zP aa oas 14 input from the 15 MU MCNEILL It's been moved Is there a 15 applicant wish to ~ 16 second? 16 'd just like to make 17 MS APPLE second 17 or comments and also my 18 MR MCNEILL it's been seconded Any 18 19 discussion on the motion to approve? Vote on the board, 19 lehevc 20 please Motion passes 7 0 AgeTMda~da I 20 has a c 21 ~ item on our tern 9 21 proposing 22 which la th~ p~ p~ece of land that 22 arages e ~r are 23 we've just approved h~mg to bring us 23 both? And tf so, is there on~ t you're 24 the staff repo~ ~ 24 lromotlng more than the other? 25 e~,{l~:~t~osoN AS a continuataoo of the zoning 25 five or four and three Page 10 Page 12 I that you Just approved, what we're looking at next is the I Ma BLAYLOCK well, I thought there was a 2 ,r Robinson Oaks 2 g to And you're going to have 3 the site ¢ 3 me On tho project plan, and these were 4 4 t~ut of the lntxaam and the proposed I 5 5 behove : of the - No 8, no moro than 6 6 of the hemes s And 7 7 of the 50 excuse me If l't mind 8 8 I m going ~ I'll renund ~ No more 9 ' that it seems like 9 than 60 percent of th ~ garages that face 10 the elevations that are au, especially 10 the street Nc 11 for the ones are vexy nice and 11 elevations shah have 's In the same plane 12 seem to compliment the l~ ,f the interim regs as far 12 regarding both oneetatlon Of the garage 13 as And I'll be here to 13 doers that do faea the s 14 answer 14 have setbacks of at I the front wall 15 Remhhart has t 5 of the dwelling 16 a comment be'd 16 That ttisa 17 17 ~ the builders that 18 see on this n h hne 18 We'll have I mean 19 represents 19 there's formula I can tell you ] many s~de 20 20 [ on the 21 21 22 this 22 MS OOURD[E IS fills a lot 23 this? I mean, first of all, are you a slopes down from there And that's what those 24 having a single btulder enme m or Is this going to be ~ olevauoo of the ground 25 d into PLANNING AND ZONING FEBRUARY 14, 2001 20 Page 9 - Page 12 ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A ZONING PLAN FOR 34 1 ACRES LOCATED WITHIN PLANNED DEVELOPMENT (PD-100) AND SINGLE FAMILY (SF-7[¢]35) ZONING DISTRICTS, TO AMEND PLANNED DEVELOPMENT 100 (PD-100) DISTRICT TO ALLOW FOR SINGLE FAMILY USES, THE SUBJECT PROPERTY BEING LOCATED NORTH OF ROBINSON ROAD, EAST OF TEASLEY LANE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MA_X1MUM AMOUNT OF $2,00000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (ZP00-0008) WHEREAS, on February 1, 2000, the City Council adopted Ordinance No 2000-046 winch established certain residential interim regulations (the "Residential Intenm Regulations"), WHEREAS, the ResadantIal Interim Regulations established, among other things, a Zomng Plan reqmrement in the event of a request to rezone property, and WHEREAS, on June 21, 2000, Lloyd Blaylock applied for a change In zomng for 34 1 acres of land located north of Robinson Road, east of Teasley Lane, amending Planned Development (PD-100) and changing Single Family (SF-7[c]35) zomng district classifications and land use designations to be mcluded m Planned Development 100 (PD-100) zoning dlsmct classification and land use designation with the intent to develop a single family subdivision with open space which application Includes a Zomng Plan, a copy of winch is attached hereto as Exinblt "B' (the Zomng Plan"), and WHEREAS, on February 14, 2001, the Planning and Zoning Commmslon recommended approval of the requested change in zoning and the Zomng Plan, and WHEREAS, the City Council finds that the Zoning Plan, with the conditions imposed herein, meets the reqmrements of the Residential Interim Regulations and is consistent with the approved 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zoning district classification and land use designation of the 34 1 acres property described in the legal description attached hereto and incorporated herein as Exhibit A is changed by amending Planned Development (PD-100) and changing Single Family (SF- 7[c]35) zoning distract classifications and land use designations to be Included in Planned Development 100 (PD-100) zomng district classification and land use designation under the comprehensive zomng ordinance of the City of Denton, Texas to allow a single £amfly subdivision with open space The Zoning Plan and said change in zomng are hereby approved SECTION 2 The City's official zomng map is amended to show the change in zoning district clasmficatlon 21 SECTION 3 If any provaslons or the apphcatlon thereof to any person or circumstance is held lnvahd by any court, such anvalldlty shall not affect the val,d~ty of other promstons or apphcatmns, and to thas end the provasmns of th~s ordanance are severable SECTION 4 That any person vlolatang any provaslon of thas ordinance shall, upon conmctlon, be fined a sum not exceeding $2,000 00 Each day that a provision ofth~s ordinance as vmlated shall constitute a separate and distinct offense SECTION 5 That thas ordinance shall become effectave fourteen (14) days from the date ofats passage, and the City Secretary as hereby &rected to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, official newspaper of the City of Denton, Texas, watlun ten (10) days of the date of its passage PASSED AND APPROVED flus the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 22. PAGE 2 EXHIBIT A LEGAL DESCRIPTION BEGINNING at a ½ ~nch ~ron rod found for the southeast comer of smd Lot 2, Block N and being m the West line Loop 288 (120 foot right-of-way) as dedmated by smd Oakmont Phase H - Section I addition, THENCE North 86 degrees 33 minutes 17 seconds West, departing the West hne of smd Loop 288 and w~th the South line of said Lot 2 for a distance of 100 02 feet to a V2 inch iron rod found for comer, smd point being in the east hne of smd 29 188 acre tract, THENCE South 02 degrees 22 rnmutes 09 seconds West for a d~stance of 6 79 feet to a 6 ~nch post found for the Southeast comer of smd 29 188 acre tract and being the North line of Robinson Road, a 60-foot w~de undedmated pubhc right of way, THENCE North 86 degrees 29 minutes 39 seconds West along the North hne of smd Robinson Road for a d~stance of 863 81 feet to a 6 tach steel fence comer found for the Southwest comer of smd 29 188 acre tract, same being the Southeast comer of Lakewood Estates, an addition to the Ctty of Denton, recorded ~n Cabinet C, Page 193, Plat Records of Denton County, Texas, THENCE North 02 degrees 19 minutes 52 seconds East, along the West line of smd 29 188 acre tract, and along the East line of Lakewood Estates for a distance of 1422 40 feet to a ~ inch ~ron rod found for comer, said comer being on the South line of a ~'act of land conveyed to the State of Texas by deed recorded in Volume 435, Page 12, Deed Records of Denton County, Texas, THENCE North 87 degrees 01 minutes 55 seconds East, w~th the North line of smd 29 188 acre tract and the South line of said State of Texas tract, passing the Northwest comer of sa~d Lot 1, Block N at a distance of 868 35 feet and continuing for a total d~stance of 1,192 52 feet to a V2 inch iron rod found for comer in the West line of said Loop 288 and being the beg~nmng of a non-tangent curve to the left having a central angle of 28 degrees 01 minutes 23 seconds, a radius of 1,900 00 feet and a chord beanng and dmtance of South 16 degrees 22 minutes 50 seconds West, 920 04 feet, THENCE in a Southerly direction with the West hne of smd Loop 288 and along said curve for an arc distance of 929 28 feet to a V2 inch ~ron rod found for comer, THENCE South 02 degrees 22 minutes 09 seconds West, w~th the West hne of smd Loop 288 for a distance of 652 89 feet to the POINT OF BEGINNING, and contmmng 1,485,676 square feet or 34 106 acres of land 23. 24. / / 2499 -I. N3~dO'13A:BO ~ 9NINN¥'~a AGENDA INFORMATION SHEET AGENDA DATE' March 6, 2001 DEPARTMENT: Planning Departmant 1~ CM/DCM/ACM: Dave Hill, 349-8314 .~ SUBJECT - SP00-0009 (Robtnson Oaks) Hold a pubhc heanng and consider adoption of an ordinance approwng a Project Plan/Detailed Plan on 34 1 acres m a Planned Development (PD) zoning d~stnct The property is generally located north of Robinson Road, between Teasley Lane and State School Road A single family subdivision with an amemty center and open space is proposed The Planmng and Zomng Commission recommends approval (7-0) BACKGROUND The appheant ~s requesting approval of a Project Plan/Detmled Plan £or a single family subdivision of 34 1 acres with 122 lots at a density of 3 58 units per acre An amemty center, a hike/bike mul, and an open space area are also proposed for th~s s~te The amemty center and open space comprise 5 48 acres, approximately 16 1% of the site A l~ke/b~ke trail, art m a landscaped area, and fences are proposed as tb_ree design elements The proposed ProJect Plan/Detailed Plan intends to save shghtly less than 50% of the Enwronmentally Sensitive Area by setting aside approximately 5 acres The proposed development density o£ 3 58 umts per acre is consistent with the Zoning/Concept Plan Wh~le the density is h~gher than that allowed under the Interim Regulations, the project has incorporated many of the design elements proposed by staff, preserves a s~gmficant port, on o£ the Enwronmentally Sensitive Area, and does not exceed the density of the surroundmg developments The overall lot design takes advantage of the natural topography of the hilltop, south of proposed Purdue Dr~ve, as the bmldmg site for the amenity center, open space area, and swimming pool Also, streets are d~rectly adjacent to the open space lot on shghtly more than two s~des, so that more houses can face the original tree grove ~ The majority of the subject property is located in the Planned Development (PD-100) zoning thstnct created m August 23, 1985 by Ordinance 85-159 and revised on August 13, 1986 by Ordinance 86-143 A port,on of the subject property ~s located in the S~ngle Family (SF- 7[c]35) zomng d~s~ct created in July 2, 1996 by Ordinance 96-145 ~ The Denton Plan shows this area to be w~th~n an Existing Ne~ghborhood/Infill Compatlb~hty area, w~th an Environmentally Sensitive Area noting Upland Habitat Within established residential areas, new development should respond to existing development w~th compatible land uses, patterns, and design standards The Denton Plan recommends that ex~stlng neighborhoods w~thln the city be vigorously protected and preserved Housing that ~s compatible with the existing density ~s allowed The Enwronmentally Sensitive Areas encourage the preservation of native habitat and should be evaluated when cons~denng new development The proposed uses are consistent w~th the Denton Plan ! ~ Comphanee with draft Zoning The draft zomng map denotes this s~te as "Neighborhood Resldentml at 4 umts per acre" (NR-4), which allows Single Family umts by right ~ S~x (6) property owners were notffied of the zoning request One (1) response has been received ~n favor of the request OPTIONS 1 Approve as submitted 2 Approve w~th eond~tlons 3 Deny 4 Postpone consideration 5 Table ~tem P&Z SUGGESTED RECOMMENDATION The Planmng and Zomng Commission recommends approval (7-0) of th~s zoning request ESTIMATED PROJECT SCHEDULE After a Project Plan ~s approved by C~ty Council, a Preliminary Plat and a Final Plat must be submitted for approval PRIOR ACTION/REVIEW The following ~s a chronology of SP00-0009, commonly known as Robinson Oaks Prior City Council Actions - April 4, 2000, demed a request for relief of the Interim Regulations April 18, 2000, demed a request to reconsider the rehefofthe Interim Regulations Apphcat~on Date- June 21, 2000 DRC Dates - June 29, 2000, September 28, 2000, and January 18, 2001 P&Z Dates - October 25, 2000, November 8, 2000, December 6, 2000, January 10, 2001, and February 14, 2001 FISCAL INFORMATION Development of this property will increase the assessed value of the mty, county, and school d~stnct It will require no short-term pubhc ~mprovements that are the responsibility of thc city ATTACHMENTS 1 Planmng and Zoning Comm~ssmn Report, February 14, 2001, SP00-0009 2 Sample Braiding Elevatmns 3 Planning and Zomng Comm~ssmn m~nutes from February 14, 2001 4 Draft Ordinance Respectfully submitted s~. Powell, A'fCP D~rector of Planmng and Development Prepared by Beth Hudson Planner I 3 ATTACHMENT i Agenda No ~4~.~.=~ PLANNING AND ZONING COMMISSION Agenda tem STAFF REPORT ~ Date ,--~,-I 4/'.-~ · Subject Project Plan- Robinson Oaks Case Number ~P00-0009 Staff Beth Hudson, Planner I Agenda Date February 14, 2001 Continue a pubJ]o hearing and consider making a recommendation to the C~ty Councd concerning the ProJect Plan of 34 1 acres in a proposed Planned Development (PD) zoning d~strlct A single family subdlvlmon with an amenity center and open space is proposed Denton State School ..~'~ ~ ' LOCATION MAP Location' Generally north of Robinson Road, between Teasley and State School Road Size: 34 1 acres Applicant Lloyd B Blaylock Owner same L&CB Partners 6116 N Central Expwy, # 1313 Dallas, Texas 75206 The apphcant ~s requesting approval of the ProJect Plan for th~s 34 1 acre property The applicant is proposing a single family development at a density of 3 58 dwelhng un~ts per acre The ProJect Plan proposes 122 s~ngle family res~denbal lots, an amemty center, an open space area, and a h~ke/b~ke trail for th~s s~te The amemty center and open space area comprise 5 48 acres, approximately 16 1% of the site The hlke/b~ke trail, art ~n a landscaped area, and fences are the three design elements proposed, in addition to the 6 16 acre open space area (see Enclosure 1) 1999.2020 Denton Comprehensive Plan The Denton Plan shows th~s area to be within an Ex~st~ng Ne~ghborhood/Infill Compat~b~hty area The site also contains an Enwronmentally Sensitive Area, specifically upland habitat (see Enclosure 2) W~th~n established residential areas, new development should respond to existing development with compatible land uses, patterns, and design standards The Denton Plan recommends that ex,sting neighborhoods within the c~ty be vigorously pretected and preserved Housing that ~s compatible with the ex,sting density is allowed The Enwrenmentally Sens~bve Areas encourage the preservation of nabve habitat and should be evaluated when considering new development Although the proposed uses are consistent w~th The Denton Plan, the proposed density ~s h~gher than that allowed under the Interim Regulations (see Staff Analys~s) I Transportation A Tnp generation The proposed development would generate approximately 1,159 trips per day*, if bu;It out w~th 122 single family residences A Traffic Impact Analysis has been submitted and rewewed as part of the Zoning Plan/Concept Plan The Traffic Impact Analysis indicates that part~c~pabon ~n a proposed signal at Robinson Road and Teasley Lane w~ll be sufficient to cover the ~ncreased traffic on the adjacent road system, resulting from the proposed development * Calculations provided by the Institute of Transportation Engineers, '1991 B Access The s~te will have access onto Robinson Road only C Road Capacity Robinson Road is identified as a secondary major arterial road by the 1998 Denton Moblhty Plan (see Enclosure 3) Th~s road is designed to be a 4 lane und~wded street without parking, prowd;ng 4 lanes of through traffic As such, tts designed traffic capacity allows for a tolerable traffic flow of 5. up to 14,900 trips per day Robinson Road ~s currently constructed w~th 2 lanes w~thout parking The most recent traffic counts for Robinson Road of 1422 trips per day ~n 1999 indicates that there is adequate capacity to handle the calculated trips that could be generated by the proposed development Due to ~ncreased development ~n the ~mmed~ate area, Robinson Road wdl upgrade ~n the next 3 years ~n th~s area Future FM 2499 ~s identified as a primary major arterial road by the 1998 Denton Mobility Plan Th~s road Is designed to be a 6 lane d~wded street w~thout parking, providing 6 lanes of through traffic As such, ~ts designed traffic capacity allows for a tolerable traffic flow of up to 27,900 trips per day Future FM 2499 ~s being designed by the Texas Department of Transportabon currently and is expected to be constructed w~th~n 5 years D Pedestrian L~nkages S~dewalks along all pubhc streets are reqmred 2 Ut,lltles Th~s s~te has access to ex~st~ng water and samtary sewer hnes 3 Drainage and Topography New development wdl be required to design and construct a drainage system to city standards General drainage calculabons were provided w~th the Zomng Plan A prehmmary drainage study w~ll be reequ~red w~th the submission of a prehm~nary plat The study must ~nciude calculat,ons of the 100-year storm for all drainage areas on th~s property and any area that drains towards this property The developer must indicate the method by which the run-off will be carried across the property or stored on the property Imt~al calculations ~nd~cate that storm drainage can be facd~tated 4 Signs Two subdivision entry s~gns are proposed along Robinson Road 5 Off-Street Parking Each lot w~ll be providing 2 off-street parking spaces 6 Landscaping This property wdl have to comply w~th the Landscape Code, which requires 15 trees per acre and 20% of all surfaces to remain pervious (plantable area) 7 Open Space and Recreational Areas An amemty center and open space area at 5 48 acres, to be maintained by a home owners assoc~abon, ~s proposed In addition, this residential development wdl be required to participate m the development of pubhc recreabonal areas Through the Park Ded~cabon Ordinance (98-039), th~s development w~il contribute to park land dedication and park development fees Dedication requirements are required dunng the platbng process Park development fees are required pnor to the ~ssuance of budding permits 8 Lighting S~ngle family residential uses typically are not subject to hght~ng standards 9, Environmental Quahty impacts Trees - Almost 2/3 of the s~te ~s mapped as an Enwronmentally Sens~bve Area for upland habitat The Enwronmentally Sens~bve Map notes tree stands that are 10 acres or larger Development ~n and around tree stands s~gmficantly affects the long-term health of each tree and negatively affects the v~tahty of the habitat The apphcant has mapped the tree stands, which more accurately denotes the tree stands as approximately 11 acres, or one-third of the s~te Site analys~s by staff verified the actual habitat area Topography - The natural topography of the s~te produces grade changes from an elevabon of 630' to an elevabon of 672', w~th one prominent h~lltop connecbng to a smaller knoll July 1, 1983 - A portion of the subject property was placed ~n the Planned Development (PD-54) zoning dlstnct and land use classification by Ordinance 83~62 August 23, t985 - The majority of the subject property was placed ~n the Planned Development (PD-100) zoning district and land use classification by Ordinance 85-159 (see Enclosure 4) August t3, 1986 - Planned Development (PD-100) zoning district and land use classification was revised by Ordinance 86-143 July 2, 1996 - A portion of the subject property was placed in the Single Family (SF-7[c]35) zomng district and land use classification by Ordinance 96-145 April 4, 2000 - City Council denied a request for relief of the Interim Regulations April t8, 2000 - City Council demed a request to reconsider the relief of the Interim Regulabons October ;25, ;~000 - Planning and Zoning Commission opened and continued the public hearing November 8, 2000 - Planning and Zoning Commission opened and continued the public hearing December 6, ;~000 - Project Plan is presented for a public heanng at the Planning and Zomng Commission meeting, the Commission continued the public hearing January 10, ;2001 - Planning and Zoning Commission opened and continued the public hearing The subject property is partially platted and would need to be replatted prior to any development Nobce ofthe zomng request was pubhshed m the Denton Record-Chromcle on October 14, 2000 S~x property owners w~thln 200 feet were mailed legal notices, and 39 residents w~thln 500 feet were sent courtesy notices inform~ng them of the request (see Enclosure 5) As of th~s wnbng, there has been one response ~n favor of the request (see Enclosure 6) 7 No neighborhood meetings have been held The Environmentally Sens~bve Area (ESA) covers approximately 11 acres of the 34 1 acre site The design and placement of the proposed s~ngle-fam~ly un~ts ~s cnbcal for the preservation of the ESA Although the Interim Regulations do not specifically address development w~th~n the ESA, the draft Development Code would hmlt development to preserve a m~n~mum contiguous port,on of 50% of the ESA The proposed lot layout surrounds a 5 16 acre open space area that allows for the preservation of the shghtly less than ,50% of ESA, which generally meets the ~ntent of the Interim Regulations The overall lot design takes advantage of the natural topography of the hilltop, south of proposed Purdue Drive, asthe building site for the amemty center, open space area, and swimming pool Also, streets are d~rectly adjacent to the open space lot on shghtly more than two s~des, so that more houses can face the original tree grove The surrounding developments have h~gher dens,ties than this Project Plan proposes at 3 58 umts per acre While the density is h~gher than that allowed under the Interim Regulations, the project has incorporated many of the design elements proposed by staff, preserves a s~gmficant port~on of the Environmentally Sensitive Area, and does not exceed the density of the surrounding developments Staff recommends approval of SP-00-009 I move to recommend approval of SP-00-009 1 Recommend approval as submitted 2 Recommend approval w~th condit~ons 3 Recommend demal 4 Postpone consideration 5 Table ~tem 1 Project Plan 2 Future Land Use Map w~th Environmentally Sensitive Areas 3 Denton Mob~hty Plan Map 4 Zoning Map 5 200'-500' Notificat~on Map 6 Property Owner Response 7 Density Calculations 8 I~11 ENCLOSURE2 SP00-0009 (Robinson Oaks) NORTH SITE FUTURE LAND USE MAP WITH ENVIRONMENTALLY SENSITVE AREAS Pg 16 Scale None /~ ENCLOSURE3 ( SP00-0009 (Robinson Oaks) NORTH DENTON MOBILITY PLAN MAP Pg 17 Scale None ENCLOSURE4 (~ SP00-0009 (Robinson Oaks) NORTH ZONING MAP Pg 18 Scale None ENCLOSURE 5 /~ SP00-0009 (Robinson Oaks) NORTH 200'-500' NOTICE MAP 200' Legal Nobces sent v~a Certified Mall 6 500' Courtesy Notices sent v~a l't Class Ma~l 39 Number of responses to 200' Legal Nobce · Opposed 0 ·In Favor 1 · Neutral 0 Percent of land__within 200' in opposition 0% pg 19 Scale' None OOT-16-O0 ]'ION 08:33 i%H DENTON STATE FAunn' c~v kln 940-591-3300 P, O1 ENCLOSURE 6 NOTICE OF PUBLIC HEARIN ZP,-O0-O08 and SP-O0-OO9 The Planning and Zoning Commmsslon of the C~ty of Denton vail hold a public heanng on Wednesday, October 25 2000, to consider recommending approval to C~ty Council the Zonlng Plan and Project Plan for Robinson Oaks, commonly known as :3501 - 3521 Robinson Road. In PD-100 and SF-7[c]35 zoning dlstncls The $$188 acre property located east of Teasley Lane and north of Robinson Road A s~ngla famdy subdivision with an amemty center is proposed The pubhc heanrlg will start at 6 00 p m in the City Councd Chambers of C~ty Hall located at 215 E McKtnney Street, Denton, Texas Because you own prope~o/ w~thm 200 feet of the subject properO/, the Planning a~d Zoning Commission would Aka to hear how you feel about th~s zoning change request and Inwtes you to attend the public hearing Please. m order for your opinion to be taken into account, return th,s form w~th your comments pnor to the date of the public heanng (This m no way prohibits you from attending and parbclpabng m the public heanng ) You may fax it to the number located at the bottom, mall ~t to the address below, or drop It off In-person Pl'annifl~l ;ind ~eV6loph~e'nt Department 221 N. Elm St, Denton, Texas 76201 Attn' Beth Hudson, Planner I The zoning process includes two public hearings designed to provide opportunities for cmzen involvement and comment Prior to the public hearings, landowners within 200 feet of the subject property are notified of the zoning request by way of th~ notice The first public hear,ng la held before the Planning and Zoning Commission The Commission is Informed of the percent of responses m support and in opposition Second, the zoning petition is lo.yarded to the C~ty Councll for final act;on providing the Commission recommends approval Should the Commission recornmend denial, the petlboner may then appeal the request to the City Councd If owners of more:then 20% of the land area w~thm 200 feet,of the s[te submit written opposltlon, then slx out of seven votes of the C~ty Council are requ~rsd to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one. I~avo; of reques~ Neutral to request Opposed to request Comments: Signature f~.~ Printed Name U~I Telephone Number ~q I - Phys~l Address of Pmpe~ ~n 200 f~t. CITY OF DENTON, TEXAS crI'Y' HALL WE, s'r · DENTON TEXAS 7'6201 - 9403498350 - (F)9403497707 20. ENCLOSURE 7 DENSITY CALCULATION WORKSHEET Robinson Oaks Area Summary/Base Density Calculation Land Classification Area (acres) Base Density # of Lots Floodway 0 0 0 Flood Fringe 0 1 5 0 Other ESA 11 0 1 5 16 5 Unconstrained 23 1 3 0 69 3 TOTAL 34.1 ........ 85.8 Base Density (86 un,ts / 34 1acres) 2 52 umts per acre Increased Density Calculation for Open Space Features Percentage of Land as Density Factor Increase In Open Space Density 15.4% 10% of base DUA* 0.25 DUA *calculated by a 1% increase m denstty for the first 5% of land area for open space and an additional 1% of dens~ty for each 1% of land area in open space, up to a maxLmum density increase of 10% Increased Density Calculation for Design Features Number of Design Density Factor Increase in Elements Density 3 0 1 DUA per 3 elements 0 1 DUA Total Density with Dedication and Design Features Base Density (68 umts / 34 1acres) 2 52 umts per acre Density due to Open Space Features 0 25 un~ts per acre Density due to Design Elements 0 1 umts per acre TOTAL ALLOWED DENSITY 2 87 units per acre Total Allowed Number of Units 2 87 dua X 34 1 acres 98 units Proposed Density- 122 umts/34 1 acres = 3 58 umts/acre 21. ATTACHMENT 2 ( > 0 ~ ~ ~ 0 z o ~ x -4> 0 -~ mo7 Fq < O ~ ~ 0 Z 0 0 ~w o 0 ~ oZC ~ ~ > > ~. 0 F,N cC) 7 24° 25 26. 30 ATTACHMENT 3 _ ,~ Page 11 I I MR MCNEILL okay 2 out at 2 87 arce of four 2 MR WILLIAMS All through the development? 3 units per acrc to 3 MS HUDSON YeS, sir 4 sun'oundln ~ in that area, va: f that the 3 58 4 MR REICHHART Yes, sir That's thc exisUng 5 with being preserved and ~ ol~n space and 5 grade right now on the development 6 ~ for that area 6 MR WILLIAMS okay 7 SC an interim 7 MR MCNE[LL very good 8 situation? 8 MS HUDSON Any other questions? 9 correct 9 MR MCNEILL Any Other comments for staff or 10 Thank you 10 quesUens? Anyone dso? Okay Thank you So we will 11 MR Other ¢ conunents? Is 11 open the pubhc hcanng on this project -- to continue 12 12 And actually we messed up when we closed the preceding one 13 13 so we will continue the closed public heanng to hear 14 zp oo oos 14 input from the public And at this point docs the 15 MR Is there a 15 applicant wish to make a comment? 16 second? 16 MR BLAYLOCK Again, I'd just like to make 17 MS second 17 myself available for any quesUons or comments and also my 18 MR It's been Any 18 engineer on the layout t9 motson to a Vot~ on tho board, 19 MR MCNEILL conlnllSSlOflcr Oourdle ! behove 20 please 20 has a questmn for you 21 The t Item 9 21 MS OOURDIE Thank you Arc you proposing 22 which is the project plan for tills same piece of land that 22 the garage, front garages or the side-entry garages or arc 23 we've just approved her~ Ms Hudson is going to bring us 23 you proposing both? And if so, is tborc one that you're 24 thc staff report 24 going to bo promoting morc than thc other? Thcrc's hkc 25 MS nUOSON AS a continuation of tho zoning 25 five or four and ~ J Page 10 Page 12 [ I that you.lust approved, what we're looking at next is the I MR nLAYLOC~: well, I thought there was a 2 projcct plan for Robmson Oak$ The stuff that Marcy is 2 formula that wc arc adbo~ng to And you'm gomg to have 3 handing to you is tbo site ¢l~vations that ! neglected to 3 to bear with me On the project plan, and these wcrc 4 include in your backup for this week What we arc looking 4 taken thrccfly out of the interim and the proposed Code I 5 at tonight is the specific layout of how the 3 6 units per 5 behave We have of thc -- No 8, no moro than 60 percent 6 acre actually lays out and to see exactly when: thc 6 of thc homes shall have garages that face the street And 7 enwronmentally sensitive area is to bo saved 7 of the 50 percent that excuse me If you don't mind 8 I don't think I have anything addittonal to 8 I'm going to rcad this so I'll remind mys¢ff No more 9 add from tho zoning other than to say that it seems like 9 than 60 percent of the homes shall have garages that face 10 thc ¢lcve, tions that arc being present~ to you, especially 10 the surex No more than thr~ consecutive dwelling 11 for the ones for the sid~-entry garages, arc very nice and 11 elevations shall have garage doors in tho same plane 12 saran to comphment the intent of the lnternn rcgs as far 12 regarthng both orientation and setback Of the garage 13 as cooceahng tbo garcges vecy w~lI And I'll be hexo to 13 doors that do face the street, at least 50 percent shall 14 answer any questions that you have 14 have setbacks of at least four foot behind tho front wall 15 MR MGN~LL ibohevethatMr Rachhartbos 15 of the dwelhng 16 a comment he'd hke to make,, also 16 That is taken from the rcgs and it is a 17 Ma REICHHART The sqmggly hnes that we do 17 formula that we'll rcqmrc the bmldors to adha~ to that 18 sea on this represent topograph,c elevations Each hne 18 will break a up We'll have "X" amount -- I mean, 19 rcprcsents an ¢Ievatmn hne whether it's 560 foot above 19 there's an actual formula I can tell you how many side 20 sea level and then the next one could bo at two feet above 20 garages and how many front-facing tborc arc based on the 21 that or below depending on the elevaaoes As you see in 21 122 lots 22 this area, what's represented tn fins open space right 22 MS OOURDiE IS thl$ a lot-specific that 23 wborc Beth is pmntmg, that's thc top of thc hill and 23 you'll bc dome this? I mean, first of all, am you 24 then it slopes down from there And that's what those 24 having a single builder como in or is this going to be 25 lines represent is the elevaUon of the ground 2~ 'ed into -- PLANNING AND ZONING FEBRUARY 14, :2001 32 Page 9 - Page 1~. CondenseItTM Page 13 Page 15 1 MR BLAYLOCK [ would say most hkely it wtll 1 our commum~y 2 be two 2 MR MCNEILL VO~3 on the board, please 3 MS OOURD[E TWO dtffereot budders And so 3 Mouon passes 7 0 4 tt wtll be lot-specific or will the homeowner come in and 4 I have a questton for staff s~nce we just 5 be able to say thts ts the model that I want and tf that's 5 passed thts Thts project, ~t was not necessa~ for a to 6 not avadable due to the ~- 6 meet that, but a would also pretty well have met the 7 Ma BLAYLOCK They'll have to move the lot or 7 as ~t's currently pubhshed, pretty close to the current 8 the house to a different lot You know, m the be~onnmg, 8 proposed regs 9 first come, they're going to get what they want and where 9 Ma REICHHART I behove so 10 they want ~t And as a progress~ and as tho broiders 10 MR MCN~ILL Yeah SO they d~d a good job of 11 submit plans and plot plans to thc Architectural Rewew 11 trying to meet both Okay Thank you 12 Couumiteo, which is me, we'll be checking off on our plat 12 ~n next Agenda acm ~s to hold 13 m the office what elevatmns are where And maybe a half 13 to C~ty 14 to two thirds through the project, you'll probably have to 14 thc 15 start telhng people that, you know, no, you can't have 15 so called 16 that house right here Here are the next available lots 16 Clark's not here, so 17 where you can have ~t 17 MR SALMON Chair, members of the 18 MS OOURDtE Thank you 18 Commission Jerry Clark ~s not 19 Ma MCNEIt,L wtyguod Other quest~ans fur 19 hem and why wo youth~sevemng 20 the apphcant? Thank you very much Is there anyone in 20 I guess I just '~ met 21 the audience who would like to speak m support of tins 21 with you a total 22 motion? Anyone m the au&cncn to speak m support'/ 22 of five 23 Seeing no movement, ~s there anybody m the authence that 23 add ~ plan Okay 24 would bke to speak m opposition to this project? Anyone 24 packet I don't have 25 to speak m opposmon'/ Seeing no motion, no movement, 25 Ma RISHEL YOU m~ght want to put ~t on the Page 14 Page 16 I P Il close the public heanng and ask staff If they have 1 ust if anyone needs to reference ~t 2 any closing coraments 2 MR MCNE[LL show the pubhc 3 MS HUDSON The only closing comment I have 3 SALMON well, apparently Jerry 4 ~s to say, again, that they have worked, the applicants 5 have worked very extensively with us to do the site layout 5 6 and other things that we have asked, and that's why we're 6 can tv 7 recommending approval on thts project 7 8 MR MCNEILL It looks hke theytvc done a 8 Comm~ssion 9 very good Job of workang with you and trying to meet the 9 Ma RtSHEt. not to be here 10 requirements of the interim regulations 10 at 7 00 11 MS HUDSON Yes, they have 11 MR MCNEILL 12 MR MCNEILL Very good Any other comments 12 MR SALMON 13 or a motion'~ Thank you very much, staff Do I hear a 13 maps I just d~dn't have 14 motion9 14 MR MCNE[LL that's 15 MR RI~HEL I'd hke to move to recommend the 15 helpful, right? 16 approval of SP oo 0o9 16 Ma 17 MR MCNEILL IS there a second? 17 18 MR MOP. ENO I'll second 18 19 MR MCNEILL It's been moved and seconded 19 secuon of t 20 that we approve tlus Agenda ttam Is there any additional 20 21 discussion from the Comnussion? 21 22 MR. RISHEL I'd Just hke to say thank you to 22 md ua 3so tt's been added as a 23 Mr Blaylock and tus team of trying to work with the City 23 it's a b~eycle path, as well as having an 24 and bnng sometlung that meets our mtanm regs and trtas 24 sidewalk Ruddell Strict from Oleowood from 25 to work w~th the asthettcs that we're trying to c~eata in 2' o to Windsor was added lVhngo Road was added as a 33 PLANNING AND ZONING FEBRUARY 14, 2001 Page 13 - Page 16 ATTACHMENT 4 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A PROJECT/DETAILED PLAN FOR 34 1 ACRES LOCATED WITHIN A PLANNED DEVELOPMENT (PD-100) ZONING DISTRICT, THE SUBJECT PROPERTY BEING LOCATED NORTH OF ROBINSON ROAD, EAST OF TEASLEY LANE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (SP00-0009) WHEREAS, on February 1, 2000, the C~ty Council adopted Ordinance No 2000-046 which estabhshed certain remdent~al interim regulations (the "Residential Interim Regulations"), WHEREAS, the Residential Interim Regulations estabhshed, among other things, a ProJect Plan reqmremant, and WHEREAS, on March 6, 2001, by Ordinance No , the City Council approved a change in zomng and Zoning Plan for 34 1 acres of land, to be included in Planned Development (PD-100) zomng dmtnct clasmficat~on and land use demgnat~on, and WHEREAS, on June 21, 2000, Lloyd Blaylock submitted a ProJect/Detailed Plan for 34 1 acres of land located within PD-100 w~th the intent to develop a single family subd~wmon w~th open space, and WHEREAS, on February 14, 2001, the Planmng and Zomng Commission recommended approval ora ProJect/Detailed Plan for such 34 1 acres, and WHEREAS, the City Council finds that the Project/Detailed Plan is conmstent w~th the approved Zoning Plan, meets the requirements of the Remdentml Interim Regulations, and ~s conmstent w~th the approved 1999-2020 Denton Compmhenmve Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordinance No prowdlng for the approval of a Planned Development Zomng District Clasmficat~on and Use Demgnat~on for the property described as PD-100 is amended by approving the ProJect/Detailed Plan attached hereto and ancorporated herein by reference as Exlnblt B for 34 1 acres of land located w~thin PD-100, more partmularly described by the legal description attached hereto and ancorporated herren by reference as Exhibit A SECTION 2 The prov~mons of this ordinance as they apply to the 34 1 acres shown ~n the ProJect/Detailed Plan hereto approved shall govern and control over any conflicting provlmons of Ordinance No SECTION 3 A copy of this ordinance shall be attached to Ordinance No showing the amendment herein approved 34 SECTION 4 If anY provisions or the apphcatmn thereof to any person or circumstance ~s held invalid by any court, such invalidity shall not affect the vahd~ty of other prowsaons or applications, and to ti'ns end the provisions of this or&nance are severable SECTION 5 Any person violating any provision of ttus ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a prows~on ofth~s ordinance is violated shall constitute a separate and distinct offense SECTION 6 Th~s ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby d~rected to cause the caption of this ordinance to be published twice m the Denton Record Chronicle, official newspaper of the City of Denton, Texas, wltlun ten (10) days of the date of~ts passage PASSED AND APPROVED tlus the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 35. PAGE 2 EXHIBIT A LEGAL DESCRIPTION BEGINNING at a ½ ~nch ~ron rod found for the southeast comer of smd Lot 2, Block N and being in the West hne Loop 288 (120 foot right-of-way) as dedmated by smd Oakraont Phase II - Section I addition, THENCE North 86 degrees 33 minutes 17 seconds West, departing the West line of stud Loop 288 and with the South line of smd Lot 2 for a distance of 100 02 feet to a ½ ~nch ~mn rod found for comer, smd point being in the east line of stud 29 188 acre tract, THENCE South 02 degrees 22 minutes 09 seconds West for a distance of 6 79 feet to a 6 inch post found for the Southeast comer of stud 29 188 acre tract and being the North line of Robinson Road, a 60-foot w~de undedicated pubhc nght of way, THENCE North 86 degrees 29 minutes 39 seconds West along the North line of smd Robinson Road for a distance of 863 81 feet to a 6 ~nch steel fence comer found for the Southwest comer of smd 29 188 acre tract, same being the Southeast comer of Lakewood Estates, an adchtlon to the City of Denton, recorded ~n Cabinet C, Page 193, Plat Records of Denton County, Texas, THENCE North 02 degrees 19 nunutes 52 seconds East, along the West line of stud 29 188 acre tract, and along the East line of Lakewood Estates for a distance of 1422 40 feet to a ½ tach ~ron rod found for comer, stud comer being on the South line of a tract of land conveyed to the State of Texas by deed recorded in Volume 435, Page 12, Deed Records of Denton County, Texas, THENCE North 87 degrees 01 minutes 55 seconds East, w~th the North hne of smd 29 188 acre tract and the South line of smd State of Texas tract, passing the Northwest comer of stud Lot 1, Block N at a thstance of 868 35 feet and contmmng for a total distance of 1,192 52 feet to a ½ inch ~mn rod found for comer in the West hne of smd Loop 288 and being the beginning of a non-tangent curve to the left hawng a central angle of 28 degrees 01 minutes 23 seconds, a radius of 1,900 00 feet and a chord beanng and distance of South 16 degrees 22 minutes 50 seconds West, 920 04 feet, THENCE in a Southerly direction with the West line of smd Loop 288 and along stud curve for an arc distance of 929 28 feet to a ½ ~nch iron rod found for comer, THENCE South 02 degrees 22 minutes 09 seconds West, with the West hne of stud Loop 288 for a distance of 652 89 feet to the POINT OF BEGINNING, and contmnmg 1,485,676 square feet or 34 106 acres of land 36 AGENDA DATE. March 6th, 2001 DEPARTMENT' Planning & Development Department CM/DCM/ACM David Hill, 349-8314 SUBJECT Hold the second of two scheduled public hearings to hear comments regarding the City of Denton Draft Development Code and zoning map BACKGROUND Introduction On December 7th, 1999, City Council adopted The Denton Plan, the mty's 1999-2020 Comprehensive Plan Within the Plan's implementation goals and strategies is the provision for new development regulations The public hearing is to receive comments on the draft Development Code The first public hearing was held on February 20, 2001 where approximately 71 people filled out comment cards and 42 individuals spoke Attachment 1 is a copy of all of the comment cards received at that meeting from those individuals who d~d not whlsh to speak All of the comments will be added to the database which contains all of the public comment we have received to date PRIOR ACTION / REVIEW The process, policies, goal and strategies related to the Development Code have received review at the Development Code Committee, Planning and Zoning Commission and City Council There also were twelve neighborhood meetings and open houses to discuss the Development Code with citizens The following meeting have been recently held on the Development Code January 24th, 2001 Planning & Zoning Commission Public Hearing #1 February 7th, 2001 Planning & Zoning Commission Public Heanng #2 February 2nd, 2001 City Council All Day Work Session February 9th, 2001 City Council All Day Work Session February 19th, 2001 City Council Work Session March 2nil, 2001 City Council All Day Work Session ESTIMATED PROJECT SCHEDULE The project schedule as drafted anticipates adoption of the Development Code by April, 2001 FISCAL INFORMATION In August of 1999, the c~ty contracted w~th Fregonese Calthorpe Associates for $262,575 to tnclude services related to the new development code Staff resources dedicated to thts project are estimated to exceed $250,000 OPTIONS N/A RECOMMENDATION N/A ATTACHMENTS 1 Unresolved Issues 2 Denton Chamber Issues 3 Comment cards Respectfully submitted Douglas S Powell, AICP D~rector of Planmng and Development 2 ATTACHMENT 1 *THE DENTON DEVELOPMENT CODE · ISSUES LISTS DATE February 21, 2001 TO Mayor and City Council FROM Doug Powell, Planning & Development Director SUBJECT Unresolved Issues - Updated The following ~s an ~ssues hst for the Oty Counal to consider regarding the Development Code which are unresolved Th~s hst of achon ttems ~s not exclusive and may change due to Council d~rechon The hst ~s sorted by the type of category Addlhonally, a separate table indicates closed ~ssue, which the Councd has previously resolved UNRESOLVED ISSUES LIST Item MaJqr Issue ~From Review Related Issue/Followup Cate~gary Date 1 Mapping PD~20, Un~corn Lake CC 3-2-01 Map 2 Mapping PD-142, H~llcrest, Hunt CC 3-2-01 Map Properties 3 Mapping PD-138/139, Hfllwood CC 3-2-01 Map 4 Mapping PD-120, North Point CC 3-2-01 Map 5 Mapping Country Club CC 3-2-01 Map 6 Mapping Ft Worth Dnve CC, 3-2-01 Non-conforming expans~ons, s~te COC design special use permit or by-nght Owners use exhibits for zoning buffenng, outdoor storage 7 Mapping Downtown Industnal Staff 3-2-01 Non-conforming, expansions, buffenng, Owners outdoor storage exh~bfl wflh recommendation for zoning 8 Mapping Woodrow, from Staff, 3-2-01 Non-conforming, expansions, exhibit McK~nney to Pecan Owners w~th recommendahon for zoning Creek 9 Mapping CltyServ~ce Center Staff 3-2-01 Properzon~ng 10 Mapping 380 and 1-35 CC 3-2-01 Exhibit w~th alternative zoning Employment Center Area 11 Mapping West of Andrews CC ! 3-2-01 Issue with properties east of Andrews Corporahon Staff 12 Mapping Pending annexahons Staff Tie to newzon~ng zoning proposed for and future zoning parcels 13 Mapping Map cleanup and venflcaflon of land use designations 14 Mapping Federal State, C~ty CC 3-2-01 Prepare exhibit indicating known land holding by federal, state c~ty agencies *THE DENTON DEVELOPMENT CODE* ISSUES LISTS UNRESOLVED ISSUES LIST Item MaJoi Issue From Review Related Issue/Followup Category Date 15 Mapp~ng Comprehensive CC Prepare exhibit which ~llustrotes all land Plan's Land Use Plan Staff use plan amendments Amendments 16 Pohcy Bicycle racks CC, Solutions for requirement and COC placement of b~cycle racks 17 Pohcy Upland Habitat CC, 3-2-01 Takings issue, alternatwe solutions, COC green builder standards 18 Poflcy Indlwdual tree CC 3-2-01 Mechanism or soluhons for tree ~rotechon protection including cleann~ & grading 19 Policy Attached housing CC Housing m~x raho data when used in the ratio of completed w~th mapping changes the s~ngle-fam~ly housing mix 20 Pohcy Housing Target Ratio CC Housing m~x raho data when completed w~th mapping changes 21 Pohcy Threshold for COC 3-2-01 Update matnx w~th soluhons compliance w~th S~te Design Standards 22 Policy ESAs wdh~n the ETJ COC 3-2-01 Appl~cahon 23 Policy Non-conforming uses CC, 3-2-01 Properties and notification COC 24 Policy Commercial COC 3-2-01 Examples of the use of decorative structure matenals block 25 Pohcy Housing Elevation COC 3-2-01 Example of solutions Vanety 26 Pohcy Adequate Public CC Soluhons to strengthen Fac~ld~es 27 Policy Public Space COC Solutions for graduated scale to apply Prowslon ~n th~s requirement Commercial 28 Pohcy Tree Replacement COC 3-2-01 McK~nney Code or other solutions Policy 29 Other Neighborhood CC Soluhons ~nflll Protection provisions abuthng other Land Use D~stncts 30 Other Vested R~ghts Staff 3-2-01 Prolect bst 31 Other Industnal CC Bnng forward for review Performance Standards 32 Other New street standards Staff Bnng forward for review 33 Other Pubhc transit faclht~es CC, Bnng forward for rewew Staff 34 Other Require a vanety of Staff Soluhons uses in mixed use d~sfncts 4 *THE DENTON DEVELOPMENT CODE* ISSUES LISTS CLOSED ISSUIJS LIST Item Issuei Fram Decision Decision Date 1 Fences- anentatlon of fence CC ' 2/9/01 No Change/Good s~de out face 2 Residential design standards CC 2/19/01 No Change apphes to lots 10,000 sq ft or less 3 Bu~ld~n~l onentat~on COC 2/19/01 No Change 4 ^dmln~strat~ve approval COC 2/19/01 No Change ~rocess 5 Vanety of design standards & COC 2/19/01 No Change bu~ld!n,q matenals by uses 6 L~m~hng affordable housing COC 2/19/01 No Change w~th the 10,000 sq ft threshold 7 Encourage & reward COC 2/19/01 No Change development of commercial & ~ndustnal improvements 8 Accessory Structures C~t~zen 2/19/01 In NR-2 & NR-3 require SUP 9 ES^ Adm~n~sfrahon COC 2/19/0] Allow the map to be updated by staff 10 Building matenals for COC 2/]9/01 Delete decorative concrete block residential uses 1 ] Property taxed on actual use COC 2/19/01 No change - properties are currently taxed by actual use 12 Connectivity Map Staff 2/19/01 No change 14 Land Use Tables Staff 2/19/01 All Delete Botthng Plants from all dlstnct use charts All Commercial Outdoar Recreation by SUP only where Permitted ~s indicated ~n the Land Use Charts 15 Rural D~stncts Land Use Tables CC 2/19/01 RD Mulhfamlly nat permitted Staff RD Vet Chnlc permitted RC Outdoar Storage permitted RC Vet Chn~c permitted RC Landfill permitted · THE DENTON DEVELOPMENT CODE, ISSUES LISTS ~ CLOSED ISSUES LIST Item Issuet~ From Decision Decision Date 16 Ex~st~ng Res~dent~ai/Inflll CC 2/19/01 NR-2 L~ve / Work Un,ts not permitted Compaflblflty D~stncts Staff Land Use Tables NR-2 Accessory Unit w/SUP NR-2 Wholesale Nursery permitted NR-2 Restaurant / Pnvate Club w/L-11 & SUP NR-2 Commercial Outdoor Recreahon w/SUP NR-2 Density at 2 dwelflng un,ts per gross acre, subdivisions of 2 acres or less require 16,000 sq ft lot minimum NR-3 Accessory Unit w/SUP NR-3 Commercial Outdoor Recreation w/SUP NR-4 Duplexes w/L-3 NR-4 Commercial Outdoor Recreation w/SUP NRMU-12 Laundry Fac~hty Permitted NRMU-12 Dwelhngs above Businesses permitted NRMU S~ngle-famlly not permdted NRMU Mult~fam~ly w/L-30, change by adding along any collector or arterial street, otherwise office or retail uses are not requtred on the ground floor NRMU Laundry Fac~llhes permdted NRMU Vet Clinic permitted ATTACHMENT 2 CHAMBER OF COMMERCEs, February 7, 2001 TO. Members of the Planmng & Zomng Commission FROM MarLy R~vers, Chmr Development Code Review Sub-Committee RE: Key Issues, findings and recommendations As you know, a sub-committee made up of local architects, commercial and res~denbal budders, real estate professionals, bankers, and other pracbtloners has been meeting regularly with the Planning Department staff s~nce last August to seek clarification and ~dent~fy major concerns We appreciate the opportunity to offer ~nput on behalf of the ~nd~wduals that wdl be required to implement the new code Please find attached a condensed hst of the key ~ssues ~dentified by the sub-committee, and recognized on .]anuary 25 by the Denton Chamber board of d~rectors as needing further clarification or requested rews~ons Although we st~ll have several more msues to address w~th the Planmng staff, we do appreciate your consideration of these ~nlt~al points, and we wdl make our resources avmlable to help you understand our needs and concerns 414PARKWAY ' PO DRAWER P · DENTON, TEXAS?6202-1719 · (940) 382-9693 Denton Development Code Key Issues Identified by the Chamber's Development Code Sub-Committee 1 For property tax purposes, property not presently located w~thln the city limits, but included in the new Land Use Plan, should be assessed accordina to actual usage and not its "pre-zoned" category 2 The Code should provide an administrative approval process, which will limit the amount of discretionary appearances before public bodies [Sub-Chapter 35 4] 3 The Development Code should allow for a clear, specific and practical variety of design standards and construction materials, differentiating between Residential and Commercial/Industrial uses [35 12] 4 The applicability thresholds for the expansion of existing structures where a re- plat ~ ti.or required (currently 1,000 square feet or 10%) are difficult to apply to eXlgltng ltevelopment and should be increased We recommend 1,000 square feet ox 25% Whichever is greater (City staff has created a spreadsheet to address the appt~tbihty thresholds for various property types and parking lots ) [35 12 2] 5 With regard to the expansion of existing structures, the site Design Standards should apply only to the expansion if the expansion is less than 50% The entire site should comply only if the expansion Is greater than 50% [35 12 2] 6 The requirement to implement specffic site design standards for residential lots of 10,000 square feet or less could limit affordable housing [35 12 7 BI 7 The City should not expand the site design standards that are proposed for residential lots of 10,000 square feet or less to all residential lots 8 The requirement to exclude adjacent homes from having the same design and floor plan is cost prohibitive The requirement should be changed to "front elevation" and floor plan should be taken out [35 12 7 B 2 c] 9 The requirement that ten percent (10%) of gross building floor area (for buildings over 40,000 square feet) be provided as public space is cost prohibitive for buildings with more than one story The requirement should be based on the bmlding's footprint [35 12 7 F 2 a and b] 10 The reqmrement to preserve Upland Habitat (at least a 10-acre grove of trees) should be related to the size, nature and/or intensity of the development (currently the preservation requirement is 50% regardless of the development) [35 14] 8 Page 2 of 2 11 Many of the Natural Area features referred to throughout the document are not necessarily essential for health and safety preservation and management, and should be separated from the Environmentally Sensitive Areas (Suggest movtng to the grading and cleanng manual) 12 A tree replacement pohcy should be constdered ~nstead of a tree preservation reqmrement 13 Implementation of the new zoning categories across the entire C~ty and ETJ could result in legal, non-conforming uses for some property owners Property owners may not be aware of the ramffieat~ons of having legal, non-conforming property [35 20] 14 Evaluate the extent to winch cresting, non-conforming structures will be subject to the new code ~n the event that they are totally destroyed and replaced at the ongxnal s~te [35 20] 15 Bicycle parking racks should not be reqmred for commercial and ~ndustrml projects We recommend offenng an mcenuve for those developers who place bmycle parkxng racks on their property 16 The Code should encourage and reward development of commermal and mdusmal ~mprovemants w~th the ~ntent of balanmng the residential to non- resldentml property tax base ratio ATTACHMENT 3 Request to Speak on an Agenda Item Please pnnt CITY AGENDA ITEM A I wmh to s_p~on/th~s ~tem I will speak ~n V Suppo~ ~posmon B I do not wmh to speak on ~s ~tem, but would l~e ~e following co~en~ mrculated to · e CtW Council Support ~ Opposmon Time llmtt for public hearing speakers is five minutes and three minutes for all other agenda items Caty of Denton Request to Speak on an Agenda Item Please pnnt ADD.SS Ill I ~~ ~' PHONE ~q3~q cIwY ~~ ~: ~. ~O I zm CODE ~ ~ ~ AGENDA ITEM A I wmh to spe~ on ~s ~mm I will speak m Suppo~ ~ OpposlUon B I do not wmh to speak on ~s ~t~m, but would l~e ~e following co~ents o~rculated to the City Council SuppoN __ Opposmon 0 U Tune hunt for public hearing speak~ ree m~nutes for all other agenda 10 items City of Denton Request to Speak on an Agenda Item Please pnnt CITY '~ e~X'~D ~ ZIP CODE QSP0 ~ AGENDA ITEM '~eq e~[ ~3 ~(~o_~ C(~C~ ~ A I w~sh to speak on ~s ~tem I w~ll speak m ~ Suppo~ ~ Opposition B I do not w~sh to speak on th~s ~tem, but would l~e ~e following co~ents c~rculated to the C~ Couned ~ Support Opposition T~e limit for pubhc heanng spewers Is five mmutes and t~ee mmutes for all o~er agenda items City of Denton Request to Speak on an Agenda Item Please pnnt ~N~C~-~- ~-~7'~]~1 CItY ~~ ~. ZIP CODE AGENDA ITEM N~ ~~ A I w~sh to spe~ on ~lS gem I will speak m ~ Suppo~ Opposmon B I do not w~sh to speak on ~s ~tem, but would l~e the followmg co--ems c~culated to · e Cl~ Co~cfl ~ Suppo~ 0ppos~tlon T~e hm~t for public hearmg spe~el ~ ~ ee minutes for all o~er agenda Items Request to ~a~ on-an Agenda Item Please pnn~ ADDRESS/'/~ff~5~/ Cc''. CITY ,~.~,~., A I w~sh to sp~ on ~s ~tem I w~ll spe~ m SuppoR Opposition ~ I do not w~sh to spgak on ~e Cgy Council ~ SuppoR ~ Opposmon The proposgd NC~ zomng classification for the pro~m~s located on 380E~t (sections E12 and E13 of the o~ml dra~ zomng map) are too broad for ~ese two ~dewiop~d pro~R~s ~n o~ neighborhood I would request that th~ propc~ be zoned as r~sMontml ~n k~ep~ng ~th ~ Lak~w~w Dgvelopment and the homes to th~ north of 380 Ewn~lly, all ~ hom~s on F~sh~ap ~d No~ Tnm~ ~tl be t~n into Thus, the n~borhood could b~ hold intact How~wr, ffth~s ~s ~mposs~ble, th~n a commorcml zomng for all th~ prop~R~s along 380 would be acc~ptabl~ as long as these businesses ~I1 not s~ficantly ~mpaot th~ tra~c, ~11 not r~matn o~n dunng m~t- t~me ho~s, ~d ~11 not ca~ g~n~ral d~valuat~on of ~e r~std~ntml proppings they d~r~tly aff~ct Th~ proposed NC~ zomng would NOT be to th~ msMonts' hkmg or NAME ~~¢~ ~k~~ DATE X ~0. ~0o A I w~sh to sp~ on ~ls ~tem I w~ll speak ~n ~ SuppoR ~ Oppos~tton I do not w~sh to sp~ on ~s gem, bm would l~e ~e following co~en~ c~culat~ ~e City Council Suppo~ ~ , Opposition The pro~sed NC~ zomng cl~s~ficat~on for the prope~es located on 380East (sect~om El2 ~d El3 of the officml undeveloped pro~mes ~n o~ ne~borhood I would request that the prope~ be zoned as residentml m keeping ~th 380 Even~ally, all ~e homes on F~sh~ap ~d No~ T~ ~ll be t~en ~nto ~e c~W Thus, the ne~borhood could be held ~mact However, ff ~s ~s ~mposstble, then a ~ co~erctal zomng for all ~e proposes along 380 would be accep~ble as long as ~ese businesses roll not s~fic~tly ~mpact the ~affic, mil not remain open dmng m~t- I t~me ho~s, ~d ~I1 not cause general deval~t~on of ~e res~dent~ propemes they d~rectlyaffect Thepropose0 '~' ........ ~a~O~beto~ere~dems' l~ngor C~ty of Denton Request to Speak on an Agenda Item Please pnnt A I wmh to spe~ on ~s ~tem I will spe~ m ~ Support ~ Oppos~Uon B I do not wmh to spe~ on ~s ~tem, but would l~e ~e following coments c~rculated to the ~y Council ~ Suppo~ ~ ~pos~uon T~me hunt for ~ubhc heanng speakers ~s five mm~es a~d ~ee unnute~ for all other agenda Items City of Denton Request to Spe~ on ~ Agenda Item Please pnnt CITY ~~~ ZIP CODE 7~0 ~ A I wmh to sp~ on ~s ~tem I will spe~ m ~ Suppo~ ~ ~poauon B I do not wmh to speak on ~s ~tem, but would l~e ~e following coments c~rculated to ~e C~ty Council ~ Suppo~ ~ ~posmon Tune hmlt for pubhc heanng spea] 13 three minutes for all other agenda Items DEVELOPIVIENT CODE ]IWFORMATION ~Q~T Date PL~SE P~ ALL ~FO~ON S~e / P~o~ect Address ~cauon) ProteaN*me ~se ~lte ~y ad~floud mfo~aUon h~ You may u~ ~ ~m ~! ~ons to D~opm~t Code~l N ~mD~tons~5201 or mml~ For Departmental Use Only Exlsmug Comp~eheflsivc PI~ DesI~UOn "- ~cs E~sfing Zo~ New Zomn~ D~e Subbed. ~ 14 D~'fI:i'.I.O?MI~'qT CODE INFORMA. TION ?L~AS~ PRINT ALL INFORMATION ~ ~ttc ~y ad~fion~ mfozm~t~on h~ You m~y u~ the ba~ of ~ts p~ o~ ~ ~d~on~ p~ ff n~e~ ~c~ r~m ~I ~ons to. D~dopm~t Code ~1 N. Hm D~ton~ ~ ~6201 or m~l~ . ' Ror DepartmentM Use Only Reference l~f~tenc¢ # ~sung Comp~ensivc Plan Dcs~gna~on Cod~ B~sflngZomnff ~ewZomn~ f / ~ ~e of Inq~ ~ ZON~G ~P ~nd~a ~r Chzpt~ Secuon ~5 t~or Departmental Use Only Existing Comprehensive Plan Designation Existing Zoning' N~w Zonlnl~: ~tc $u~d. . S~cuo~ 16. nm-smm r CODS P~SE P~T ~L ~FO~ON ~ ~lte ~y a~flon~ infomaflon h~e You may u~ the ba~ of ~xs p~ or a~a~ ad&~on~ p~ ff n~ ~ r~rn ~1 ~ons to, D~opm~t Code ~1 H ~m D~on, ~ 76201 or ~mlg~fd~ton.~m For Departmental gte Only Bxtsfln8 Compmhenslve Plan Designation Cedes BmsUog Zoning' New Zomnlg Dste Subml~d.~ Type die Inqul~ [] ZONING MAP Responded BT [] TEXT Chapter Secuon 17. DEV,~,LOPMENT CODE INFORMATION REQUEST Date PLEASE, PRINT ALL INFORMATION .... tlq S~te/PmjectAddte~s~caUon) I~OO $. ~ ~ Pt°lectN~ ~e~te ~y a~&flond in[o~sUon h~e You rosy u~ the ba~ ~ remm fll ~e~ons to D~dopmmt Code ~1 N ~m Dmton~ For Departmental Use Only Bxlstmg Comp~:chcnslvc Plan DcsignaUon Cocles Extsung Zoning' New Zo~ D~t~ Sub~_ ~e of ~ ~ ZO~O ~P ~n&a Br Chapte~ Secuon~ ~ 18 DEVELOPMENT CODE INFORMATION REQUEST ?LEASE PP~ ALL INFORMATION · Dat~ ~lcase wrttc any additional information he,re You may usc the back of this pa~ or attach addmonal pages if nccdcd. Please return all questions to Development Code 9-9-1 N Elm Denton~ 'IX 76201 or e~nml pzf~c~tvofdcnton.com loot D~parttn~ntal Use Onl.~ Rcf~ene¢ R~fet'ene~ Bxtstmg Comprchenstvc Plan Dcs~gn~tt0n C~:lcs Exlstlog ZO~ New Zoa~ D~c T~ of ~ ~ ZO~G ~P Ch~pt~ Scc~on 19 DEVE&OPMENT CODE INFORMATION REQUEST 'LEASE PP, II~ ALL INFORMATION NAME '~4 ~//~ -. Company S~tc / P~olec~ Ad&~s ~c~on) Pmlec~ Name ~se ~ke ~y a~uon~ lnfo~aflon h~ You may u~ the ba~ o[ ~ts p~ or a~a~ ad~Uon~ p~ ~ ~em~n ~l ~ons to D~opm~t ~o~ ~l N ~m D~ton, ~ 76201 or ~~ ~~ , ~-'~- ., / For De?artme#tal Use 0#l3 Existing Compzehcnslv¢ Plan Designation ReferenCec~cs Refe~ncc ~ Egsdng ZoMn~ New Zofllfl~ Date Subdued. ~e of Inq~ ~ ZONING ~P Res~nded Br , Chapter Scc~on i DEV ~.LOPMENT CODE INFORMATION REQUEST PLEASE PRINT ALL ~NFORMATION Date ~ ~zte ~y ad~on~ mfo~aaon h~ You may u~ ~ r~m ~l ~e~ons to D~opm~t Code ~1 H ~m D~ton, ~ 76~1 or ~al ~z~ofd~ton.~m For D~£artme#tal Use Only P,¢ fcrcnc¢ Reference #. Exlstmg Comprehensive Phn Dcsigflauofl Codes E~sung Zo~ New Zomng ~te Sub~ ~ ~ ~ ~cs~fldcd B~ . Chapt~ Scc~on DEVELOPMENT CODE INFORMATION REQUEST Date PLEAS E PPJNT ALL lqq FOP, MATION ~ ~tte ~y ad~on~ in.treaSon h~ ~u mayu~ the ba~ of ~is p~ or a~a~ ad~Uon~ p~ ~ ream ~ ~ons to D~opm~t Code ~1 H ~m D~ton, ~ 76201 or ~mlpz~ofd~ton.~m / For Departm~ntal Use Only Reference Rc fcrcflcc ~ Existing Comp~:ehens~ve Plan Dcsl~ad0n '- Codcs E~sUng Zo~ ,New Zonm~ ~t: Sub~ee~ ~ ofh~ ~ ZO~G ~P R~nded Br . Chapte~ , Sccuo~ ~ DEVELOPMENT CO:DE INFORMATION REQUEST 'LEASE PK1NT ALL INFORMATION lite / Prolect Address (Location) P~olect Name Please wrilo slay sdchtional information h~re. You may use tho back of this page or attach adchuonal pag~ if needed. Please return all questions to D~ve3opment Code 9-9-1 N ]film Denton~ TX 76901 or emsil pz~ty_ ofdenton.com For D~partmental Use Onl$ ~sgng Comp~enslv~ Pisa D~si~a~0n cod~s ~e of~ ~ ZON~G ~P Rcs~ndcd Br Chapter Secuon .... 23. DEVELOPM~ CODE INFORMATION RE~UF-ST PLF_,ASB PRINT A~ ~FO~ON ~c~te ~y ad&Uon~ mfo~ation h~ You may u~ ~e ~ of ~s p~ or a~a~ s~on~ p~ tf n~ ~ rcmm ~1 ~ons to D~opm~t Code ~l N ~m Dmton, ~ ~6201 or ~~ I~or Departmental Use Onl.~ F.,xtstang Comp~ehenslvc Plan Deslgn~0n D~te ~s,ng Zo~ T~e of~ D ZO~G ~P R~n&d BF ,,. Secflo~ D~-J~O PM~ CODE INFORMATION Date PLEASE PRI~ ALL ~N~ ~ ~tte my ad&uon~ Information hg~ You may u~ the ba~ of ~ts p~ or a~a~ ~ rcmm ~I ~tona to D~opmmt Code ~ ~ ~m Dmton~ ~ ~20~ or ~ml~ For Dt?artm~ntal Ust O~l.y ~stlng Comprehensive Plan DesignatiOn Emsflng Zomnff ~e of~q~ ~ ZON~G ~P Res~nded ~hapt~ Secuo~ DEVELOPMENT CODE INFORMATION REQUEST ~LEASE PRINT ALL INFORMATION Cit~ %,__~'-~x S.te ~ ZIP '~-~ ~.~ Emafl For Departmental Use Only Exlsung Comprehensive Plan Designation Codes Existing Zoning' .New Zomng' Date Subrmtted. Type of Inqulq,' [] ZONING MAP Responded By' , [] TEXT Chapter S¢ctlol~ 26. DEV'~_ ~)PMENT CODE INFORMATION REQUEST Date PLEASE PRINT ALL INFORMATION o~. ~,~ s~t~ z~ Site / Pm~ec~ Ad.ess ~flon) P~olect Nam~ ~se ~lt~ ~y s~on~ information h~e You may u~ the ba~ of ~ return ~1 ~e~on8 to D~opmmt Code ~1 N ~m D~ton, ~ 76201 or ~ml pz~ofd~ton.~m c For D~part*nental Use Only Existing Comp~ehensive Plan Designstlon Codes Existing Zoning' New Zoning'. Date Subralned. ~pe oflnqul~ [] ZONING ~P R~s~nded BF ~ ~XT Chapter S~c~on 27 PLEASE PRTNT ALL INFORM3%TION $~te / Proiect Address (Location) Proiect Name Pl~se write s~y e(l,1, ttonal information h~re. You may u s~ ~.he back of this pa~ or a~,ia. '.. adchlxonal pages if needed. Please return all ~luestlona to Dcvclopme~3t Code ~,l N ~lm D~nton) ~ 76201 or c~na~l~ $or Departmental Use Only l~xlstmg Comprehensive Plan Deslgns~0n '- E~sflng Zo~ New Zo~ ~t~ Sub~8~ .- T~e of~ ~ ZON~G ~ Res~nded BT_ Chspte~ Secuon -- DEVELOPMENT CODE INFORMATION REQUEST PLEASE pKINT ALL INFORMATION ! DEVELOPMENT CODE INFORMATION REQUF-,ST Date PLEASE PRINT ALL INFORMATION F~x City State ZIP Emall S~te/p~ol¢c~Aa,l~a,,(Locatton) ~[~r[~ ~ {"~' Pr°lectName ~leasc wrzte shy additional informauon here. You may usc the back of this pa~ or attach ad&ttonal pa~:a if needed. Pleasc return all qusc~ons to Development Code 221 BI l~Im Denton, ~ 76201 or email~ For Departme#tal Use O.l3 E~suflg Compreheflslve Plan Des~gflauofl Codcs E~sflng Zo~n~ .New Zonlflg T~ oflnq~ ~ ZO~G ~P ~es~.aca ~r . ~ T~T Chapte~ Secuon DET,~.,LOPMI~'qT CODE'INfORMATION I:~EQUE~T Date PLEASE PRINT ALL INFORMATION Sit6 / P~olect Ad&ess ~flon) P~lect ~ ~lte ~y ad~uon~ tnforma~on h~ You may u~ ~ r~mm ~1 ~ons to D~dopm~ Code ~1 N ~m D~ton, l~or De£artmental [Isa Only ~ ~ ~ Rcfc~cnc~ Refc~ncc ~ Exts~ng Comp~ehensive PI~ Dcst~eflon '- E~sflng ~ New Zomn~ D~e S~uc&~ ..- ~e o[~ ~ ZO~G ~ R~flded BF Chspt~ .$ccuo~ ~ ~ ~ 32 DEV~.I' OPNF~ CODE INFORMATION REQUEST Date PLEASE PRINT ALL S~te / Prolec~ Address ~caflon) Prolcct N~ ~ ~te ~y a~Bon~ reformation h~ You may u~ the ba~ of ~is p~ or ~ re~ ~l ~ons to D~opm~t Cod~ ~1 H ~m D~ton~ DEVELOPMENT CODE MOM'IION REQUEST Date 'LEASE PPa'I',IT ALL ~FO~ON S~tc / Project Addt~s ~caaon) project N~e . ~ ~tte ~y sd~flon~ lnfo~aUon h~You may u~ ~e ba~ of ~ts P~°r a~a~ ad~u°n~ p~ tf n~e~ t~tcmm gl~onsto D~opm~t ~de~lH ~mD~ton,~76201 or ~ml~ AGENDA DATE: March 6, 2001 DEPARTMENT: Planning Department ~,~ CM/DCM/ACM: Dave Hill, 349-7715 SUBJECT - SP00-0015 (Jack in the Box Restaurant) Consider approval of a resolution for a ProJect Plan/Site Plan in a General Retml (GR) zomng district The 1 1 acre property is generally located on the west side of Loop 288, less than 500' south of McKlnney Street A drive-through restaurant is proposed BACKGROUND The subject property is currently undeveloped Natural features of the site include a grove of trees on the southern portion The site lies on the southwest quadrant of Loop 288 and McKanney Street, whmh is largely undeveloped An office building, located to the west of the subject, is the exception The site is surrounded by undeveloped General Retail zoned property to the north, south, and west Other retail and service uses lie along Loop 288 Residential uses are found on McK~rmey Street, away from the intersection of Loop 288 (See Attachments 1 and 2) ~ The subject property is located m a General Retail - conditioned (GR[c]4) zomng district created m 1992 ~ Comprehensive Plan Analysis The project site is located m a "Community Mixed Use Center" district New development in this district is intended to contain the shopping, services, recreation, employment, and institutional facilities required by and supported by the surrounding community Staff finds the proposed use consistent with the intent of the Comprehensive Plan ~ Compliance with draft Zoning The draft zoning map denotes this site as "Commercial Mixed Use - General" (CM-G), which allows restaurants and drive-through facilities by right ~ Twelve (12) courtesy notices were mailed regarding the Project Plan/Sac Plan request OPTIONS 1 Approve as submitted 2 Approve w~th conditions 3 Deny 4 Postpone consideration 5 Table item RECOMMENDATION All the technical reqmrements of a project plan are addressed on the ProJect PlardSlte Plan for Jack m the Box Restaurant, and the plan meets the mlmmum reqmrements of C~ty Codes Staff recommends approval ESTIMATED PROJECT SCHEDULE The subject property ~s not platted and must be platted prior to development A Prehmlnary Plat and Final Plat are scheduled for approval at the February 28th Planmng and Zoning Commission meeting PRIOR ACTION/REVIEW The following is a chronology of SP00-0015, commonly known as Jack in the Box Restaurant Apphcatlon Date - October 30, 2000 DRC Dates - November 9, 2000 and December 14, 2000 FISCAL INFORMATION Development of tlus property will increase the assessed value of the c~ty, county, and school dlstnct It wall reqmre no short-term public ~mprovements that are the responsibility of the mty As a form of inflll development, no extension of pubhc infrastructure is necessary to service th~s site ATTACHMENTS 1 Location Map 2 Zomng Map 3 Site Plan 4 Draft Ordinance ~R~pectfully submitted Director of Planmng and Development Prepared by Beth Hudson, Planner I Attachment 1 NORTH SP-00-0015 lack in the Box Restaurant LOCATION MAP 3 ATTACHMENT2 SP00-0015 (Jack in the Box Restaurant) NORTH SITE _ ZONING MAP Pg 4. Scale None ATTACHMENT 3 LOOP 288 7B ~'/YOv 7 II;I ~ 8 ATTACHMENT 4 RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN LOCATED WITHIN A GENERAL RETAIL (GR) DISTRICT, BEING AN APPROXIMATE 1 05 ACRE SITE LOCATED ON THE WEST SIDE LOOP 288, LESS THAN 500 FEET SOUTH OF MCKINNEY IN THE CITY OF DENTON, TEXAS, AND PROVIDING FOR AN EFFECTIVE DATE (SP-00-015, JACK 1N THE BOX RESTAURANT) WI-IEREAS, on March 2, 2000 the City Counml adopted Ordinance No 2000-069 wtuch estabhshed certain nonresidential ~ntenm regulations (the "Nonremdentml Interim Regulations"), and WHEREAS, the Nonremdentml Interim Regulations estabhshed, among other tinngs, a project plan reqmremant, and WHEREAS, the owner of an approximate 1 05 acre tract of land zoned General Retml (GR) located on the west side of Loop 288 less than 500 feet south of McKmney m the C~ty of Denton, Texas has made an apphcat~on for approval of a project plan under the Nonresidential Interim Regulations, a copy of winch is attached hereto as Exinblt "A" and made a part hereof by reference (the "Project Plan"), and WHEREAS, the City Count, 1 finds that the Project Plan, w~th the condmons ~mposed hereto, ff any, meets the mqmrements of the Nonresidential Interim Regulations, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The ProJect Plan winch ~s attached hereto and made a part hereof by reference, ,s hereby approved, subject to the following cond~txons L~ghtmg on the property shall be designed and malntmned so as not to sinne and project upward to prevent the dlffus~on ~nto the mght sky SECTION 2 Tins resolution shall become effective lmmed~ately from and after ~ts approval PASSED AND APPROVED tins the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY PAGE 1 o EXHIBIT A LEGAL DESCRIPTION COMMENCING at a found wooden nght-of-way marker at the ~ntersectxon of the south diagonal comer clip of Mcghnney Street aka FM 426 (100'wide right-of-way) and the west right-of-way of Loop 288 (120'wide right-of-way), smd ~ron rod being also the most easterly northeast comer of Lot 1, Block 1 of Loop 288 Centre, an addition to the City of Denton recorded in Cabinet K, Page 208 in the Plat Records of Denton County, Texas, THENCE South 01 degrees 15 minutes 00 seconds West for a distance of 213 00 feet along the west line of Loop 288 to a found ½ inch iron rod for the POINT OF BEGINNING, THENCE South 01 degrees 15 m~nutes 00 seconds West for a d~stance of 175 50 feet cont~nmng along the west line of Loop 288 to a set V2 inch iron rod with C&P cap, THENCE North 88 degrees 45 minutes 00 seconds West, for a distance of 259 94 feet to a set ½ tach iron rod w~th C&P cap, THENCE North 00 degrees 50 minutes 09 seconds East, for a d~stance of 175 50 feet along the west sxde of smd 2 097 acre tract and along the east side of Lot 4, Block 1 of Loop 288 Centre, an addition to the City of Denton recorded in Cabinet I, Page 233 in the Plat Records of Denton County, Texas to a found ½ inch iron rod, THENCE South 88 degrees 45 minutes 00 seconds East, for a dmtance of 261 21 feet along the south side of smd Lot 1 to the POINT OF BEGINNING, and contmmng 45,730 square feet or 1 0498 acres of land more or less 11 LOOP 288 AGENDA INFORMATION SHEET AGENDA DATE: February 27, 2001 DEPARTMENT: Planning & Development CNUDCM/ACM: Dave Hill, 349-8314 ~ .~- · SUBJECT SP-00-019 (Johnny Cartno 's Country Itahan RestauranO Consider adoption of a resolution approving a Project Plan for 1 563 acres in a Commercial (C) zoning district, located on the north side of 1-35 at the northeast intersection of 1-35 service road between Fort Worth Drive and Teasley Lane Johnny Carmo's Country Italian Restaurant is proposed BACKGROUND The applicant is proposing to develop a 7,259 square foot restaurant with 113 parking spaces (Attachment 2) Development of the site is subject to the requirements of the interim regulations for non-resldentml development (Ordinance No 2000-069) As such a ProJect plan is required to be submitted for review and approval by City Council ~ The subject property is located in a Commercial (C) zoning district ~ The property is located within the Downtown Umverm~y Core Dmtnct Staff finds the proposed land use to be consistent with the Comprehensive Plan > Comphanee with Draft Zoning The draft zoning map denotes th~s site as "Downtown Commercial General (DC-G)" wbaeh allows restaurants ~ The applicant is proposing to develop 113 parking spaces, which is 20 spaces more than the code reqmres } All of the technical requirements of a project plan are addressed on the Project Plan for Johnny Canno's Country Italian Restaurant, and the plan meets all City Codes ~ Although staff finds the architectural design of the proposed building to be acceptable, the bmldmg location and orientation does not meet the intent of The Denton Plan or the ProJect Plan Standards, specifically Section D2(3)(b) that states, "Buildings generally shall be oriented toward the street, and major entranceways should face the street" As identified in the Denton Plan and reinfomed during the visual quality survey, buildings should be oriented towards the street with no parkdng between the street and the bmldlng The proposed site design places the building in the center of the site with parking surrounding the building Moving the building to the front of the property does not affect the use of the property ~' Eight (8) courtesy notices were totaled regarding the Project Plan request OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item RECOMMENDATION The urban Design chapter of The Denton Plan states "In order for a street to aclueve the intimate and welcoming quahty of an outdoor room, the bulldmgs along it should compose a statable street wall Building height should be sized in proportion to the width of the street Build-to lines should b6 used to determine how close a building will stand to the street If parking lots are necessary, they should be located behind or to the side of buildings" The proposed development does not incorporate site design standards set forth in the Denton Plan and Non-Residential Interim Regulations, specifically building orientation Staff recommends that the bmlchng front either the 1-35 frontage road or Center Place Dr~ve with no parlang allowed between the bmlthng and the property lines ESTIMATED PROJECT SCHEDULE The subject property is platted A ProJect plan must be approved prior to a building permit being issued PRIOR ACTION/REVIEW The following is a chronology of SP-00-019, commonly known as Johnny Carmo's Country Itahan Restaurant Application Date December 4, 2001 DRC Date December 14, 2000 FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school dlstnct It will require no short-term pubhc improvements that are the responslbthty of the city 1 Location Map 2 ProJect Plan 3 Resolution Prepared By Mike Grace, Planner I Respectfully submitted ~ougla~ Powell, AI~CP Director of Planning and Development 2 ATTACHMENT 1 ~ NORTH SP-00-019 (Johnny Carino's Country Italian) LOCATION MAP I Scale None Agenda Date March 6, 2001 3 Ill I i ~ '~ ~ ',~ ~I,, I , I ~ I~ I ~-~., I , L ' '/~I ATTACHMENT 3 RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PRO/ECT PLAN FOR JOHNNY CARINO'S COUNTRY ITALIAN RESTAURANT, BEING AN APPROXIMATE 1 563 ACRE SITE LOCATED ON THE NORTH SIDE OF 1-35 BETWEEN FT WORTH DRIVE AND TBASLBY LANE, AND PROVIDING FOR AN EFFECTIVE DATE (SP-00-019, $OHNNY CARINO'S COUNTRY ITALIAN RESTAURANT) WHEREAS, on March 2, 2000 the City Councd adopted Ordinance No 2000-069 winch cstabhshed certain nonresidential interim regulations (the "Nonresidential Intenm Regulations"), and WHEREAS, the Nonresidential Intenm Regulations estabhshed, among other tlungs, a project plan reqmrement, and WHEREAS, the owner of an approximate 1 563 acre ~ract of land zoned Commercml (C) and descnbed as Lot 1, Block A of Centre' Place has made an application for approval of a pro3ect plan under the Nonresidential Intenm Regulations, a copy of winch ~s attached hereto as Exinblt "A" and made a part hereof by reference (the "Project Plan"), and WHEREAS, the City Council finds that the Project Plan, with the conditions imposed herem, if any, meets the reqmrements of the Nonresidential Intenm Regulations, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The Pro3ect Plan which is attached hereto and made a part hereof by reference, is hereby approved SECTION 2 Tins resolution shall become effective lmmedmtely f~om and after its approval PASSED AND APPROVED tins the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER. WALTERS, CITY SECRETARY BY 10 / AGENDA INFORMATION SHEET ^O~'~d~ ~0 ,.~ - - AGENDA DATE March 6, 2001 DEPARTMENT' Planning Department ~/ CM/DCM/ACM Dawd H~ll, 349-8314' SUBJECT - SP-00-020 (Templo V~da Nueva) Consider adoption of a resolution approving a Project Plan for 1 464 acres, m a One-family dwelling (SF-7) zomng d~strlct, commonly known as 2417 Bernard Street located approximately 90 feet south of the mtersectton of Parvm Street and Bernard Street An expansion of an ex~stmg church bmldmg ~s proposed BACKGROUND The apphcant requests the approval of a project plan for the expansion of an existing church building located at 2417 Bernard Street The proposed expansion will add approximately 7,100 square feet to the existing structure and will accommodate 338 seats in the sanctuary area The Zoning Board of AdJustments on August 21, 2000, granted a parking variance requmng 88 percent of the required off-street parking spaces Therefore, the applicant ~s required to provide a mm~mum of 99 parking spaces The appheant proposes a two-story bmldmg w~th a 1 12 pitch metal roof The proposed building w~ll provide 100 percent mansory on the north and west elevations, however, the south and east elevations will be metal Under the proposed Development Code, metal elevations will not be allowed In the future, the church is proposing to expand the facilities by mirror imaging the building proposed on this project plan application The future expansion will be subject to the acquisition of a lot along the southeast boundary of the subject site At the time of the future expansion, the church will replace the east elevation for 100 percent mansory on the exterior Staff is not aware of any timeframe for the acquisition of the adjacent property or for the future expansion Staff is concerned about the on-site traffic circulation along Bernard Street proposed by the applicant However, the applicant is not able to provide the connectivity between the two parking areas along Bernard because of the limited lot area and the American Disability Act (ADA) requirements regarding wheelchmr access from the sidewalk along Bernard Street and the proposed bmldmg Changes on the on-site traffic circulation will reqmre reducing the number of parking spaces and consecutively the number of seats allowed ~n the sanctuary area ~' The subject property is located in a Single-family 7 (SF-7) zomng district ~' According to The Denton Plan, the portion of the proposed development with street frontage along Bernard Street is located within an Existing Nelghborhood/Infill Compatibility area, however, the proposed parking lot along Roselawn Street is located within a Community M~xed Use Center area Stafffinds this development to be consistent with The Denton Plan ~ Th~rty.elght (38) residents within 500 feet of the subject s~te were notified of this project plan request OPTIONS 1 Approve as submitted 2 Approve w~th cond~tmns 3 Deny 4 Postpone consideration 5 Table item RECOMMENDATION The Project Plan conforms to the m~mmum reqmrements of the Non-residential Interim Regulations Staff recommends approval ESTIMATED PROJECT SCHEDULE Braiding permits can be ~ssued upon the approval of the project plan PRIOR ACTION/REVIEW The followmg ~s a chronology of SP-00-020, commonly known as Templo V~da Nueva Appllcat~on Date - December 4, 2000 DRC Date(s) - December 14, 2000 February 1, 2001 FISCAL INFORMATION Development of th~s property will ~ncrease the assessed value of the c~ty and county As a form ofmffil development, no extension ofpubhc infrastructure is necessary to servme th~s s~te ATTACHMENTS 1 Location Map 2 Project Plan 3 Draft Resolution Respect fullYDouglas~ S p So~be~l, tt5 t D~rector of Planmng and Development ere~d~ p~l~l~l;rahI V 1 era ATTACHMENT 1 NORTH SP-00-020 (Templo Vida Nueva) 'l LOCATION MAP Agenda Date March 6, 2001 Scale None 3 ,, 6 ATTACHMENT 3 RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN FOR TEMPLO VIDA NUEVA CHURCH, BEING AN APPROXIMATE 1 464 ACRE SITE COMMONLY KNOWN AS 2417 BERNARD STREET LOCATED APPROXIMATELY 90 FEET SOUTH OF THE INTERSECTION OF PARVIN STREET AND BERNARD STREET, AND PROVIDING FOR AN EFFECTIVE DATE (SP- 00-020, TEMPLO VIDA NUEVA CHURCH) WHEREAS, on March 2, 2000 the C~ty Councd adopted Ordinance No 2000-069 whtch estabhshed certmn nortremdentml ~ntenm regulations (the "Nonremdent~al InterLm Regulations"), and WHEREAS, the Nonremdentml Interim Regulations established, among other th~ngs, a project plan reqmrement, and WHEREAS, the owner of an approximate 1 464 acre tract of land zoned mngle-famdy7 (SF-7) and described as Lot 1, Block I of the Templo Vlda Nueva Addtt~on has made an apphcanon for approval of a proJeCt plan under the Nonremdentml Interim Regulations, a copy of whmh ~s attached hereto as Exhibit "A" and made a part hereof by reference (the "ProJect Plan"), and WHEREAS, the C~ty Councd finds that the ProJect Plan, w~th the conditions ~mposed here~n, ~f any, meets the reqmremants of the Nonresidential Interim Regulations, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The ProJect Plan whmh m attached hereto and made a part hereof by reference, is hereby approved SECTION 2 Thru ordinance shall become effective ~mmed~ately from and after its approval PASSED AND APPROVED thru the day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED ~/I~0 LEGAI~ORM H ERBER~?./~J~TO~Y BY '--r..~,/,.~./- ,-,-~ 7 lO AGENDA INFORMATION SHEET Oat,~~~F~ ,~c~ ~ __ AGENDA DATE' March 6, 2000 DEPARTMENT. Planning Department CM/DCM/ACM: David Hill, 349-8314 SUBJECT - SP-00-021 (FEMA) Consider adoptmn of a resolution approving a Project Plan for 11 688 acres in a Light Industrial (LI) zoning district, located at the southeast comer of Irdmberly Lane and Karma Lane An office and call center for the Federal Emergency Management Agency (FEMA) ~s proposed (SP-00-021) BACKGROUND The applicant is proposing to develop an office and emergency call center for the Federal Emergency Management Agency (FEMA) Dunng natural disasters and other emergencies, volunteers would staff phone banks at the proposed facility Development of the site will be subject to the reqmrements of the interim regulations for nonresidential development (Ordanance No 2000-069) As such, a ProJect Plan is required to be submitted for review and approval by City Council >' The subject property is located in a Light Industrial (LI) zoning d~stnct ~ Comprehensive Plan analysis The proposed development ~s located within an Employment Center future land use area of The Denton Plan Staff finds the proposed land use to be consistent with the Comprehensive Plan ~' Compliance with draf~ zomng The th'aR zoning map denotes this site as "Employment Center - Commercial" (EC-C), whmh allows office development ~ The site is currently located on a hill and is heawly covered w~th post oak trees Due to this tree cover, it is classified as an Emvronmentally-Sensltive Area (ESA) in the draft development code The Nonresidential Interim Regulations, however, do not contmn any gu~dehnes or procedures regarding protection of or development in ESAs The applicant intends to remove most of the exlst~ngltrees from the s~te and flatten the hill The applicant has proposed to save some of the existing trees by providing landscaped ~slands w~th~n the parking lot and to plant new trees as part of the project's landscaping Although staff appreciates the applicant's ~ntent to preserve at least some of the emst~ng trees, staff also believes that grading in the critical root zone that will occur dunng development will likely cause these trees to die as well ~' Much of the parking being prowded will not be used except dunng times of emergenmes, when the call center is fully staffed ~ The apghcant has proposed to dedicate right-of-way along the north edge of the property line for future oxpans~on of Karma Lane eastward to Bridges Road and Mayhill Road This road ~s not shown on or required by the approved Denton Mobility Plan, however, the ProJect Plan standards of the Nonresldental Interim Regulations do call for street ~nterconnectlv~ty as well as the prowsion of future connection when adjacent to undeveloped property The applicant intends to build a section of Karma Lane up to the faclhty's northern entrance, but does not propose to budd the entire street to the east property line Council may determme ~f this proposal ~s appropriate It should be noted that, because Bridges Road does not currently extend to the point where it would intersect with the Karma extension, the Karma Lane extension would be little more than a 750- foot-long dead end street lfbmlt Staff finds the architectural design of the proposed development to be acceptable All of the technical requirements of a project plan are addressed on the Project Plan for the FEMA Call Center, and the plan meets all City Codes OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item RECOMMENDATION Staff recommends approval of SP-00-003 ESTIMATED PROJECT SCHEDULE This property is not platted and needs to be platted before any development can occur A prehmmary plat has been submitted to DRC for review PRIOR ACTION/REVIEW The following is a chronology of SP-00-021, commonly known as FEMA Application Date - December 11, 2001 DRC Date - December 21, 2001 FISCAL INFORMATION None ATTACHMENTS 1 Location Map 2 Site Plans and Elevation Drawings 3 Draft Resolution Respectfully Douglaz/S Powell, AI(2P Director of Planning and Development Prepared ~y Planner I 2. ATTACHMENT 1 ~ NORTH SP-00-021 (FEMA) LOCATION MAP Agenda Date: March 6, 2001 Scale None RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A NONRESIDENTIAL PROJECT PLAN FOR A FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) OFFICE BUILDING, BEING AN APPROXIMATELY 11 688 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF KIMBERLY LANE AND KARINA LANE, AND PROVIDING FOR AN EFFECTIVE DATE (SP-00-021) WHEREAS, on March 2, 2000, the C~ty Council adopted Ordinance No 2000-069 winch estabhshed certain nonrestdent~al mtenm regulattons (the "Nonrestdentml Interim Regulattons"), WHEREAS, the Nonresidential Interim Regulations established, among other tinngs, a project plan reqmrament, and WHEREAS, the owners of an approximately 11 688 acre tract of land zoned Ltght Indusmal (LI) and described as 11 688 acres of unplatted land m the M E P & P R R Survey, Abstract No 927, tn the city of Denton, Denton County, Texas, have made apphcatton for approval of a project plan under the nonresidential Interim Regulations, a copy of winch ts attached hereto as Exinblt "A" and made a part hereof by reference (the "Projeet Plan"), and WHEREAS, the City Council finds that the Project Plan, w~th the condmons imposed herein, tf any, meets the reqmrements of the Nonrestdentlal Interim Regulattons NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The Project Plan is hereby approved SECTION 2 Tins resolutton shall become effective tmmethately ~om and after its approval PASSED AND APPROVED tins the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY 9 Page 1 of 2 APPROVED AS TO LEGAL FORM BE~RBE~~ATTORNEY Page 2 of 2 10 AGENDA INFORMATION SHEET AGENDA DATE: March 6, 2001 DEPARTMENT' Planning & Development ~/ CM/DCM/ACM: Dave Hill, 349-8314 "~/F'~ SUBJECT - SI-01-003 (Correctwn Ordinance) Consider adoption of an ordinance for an amendment to correct an inadvertent error m Ordinance 98- 018, which is an ordinance zoning approximately 1 7 acres, located on the north side of Colorado Boulevard east of San Jacmto Boulevard, to a Light Indusmal conditioned (LI(c)) zoning district Said error bemg an inadvertent error in the description of the property bemg zoned BACKGROUND Staffhas lmtlated the amendment to correct an madvertent error m Ordinance 98-018 (see Attachment 1) The subject ordmance, approved on February 3, 1998, rezoned approximately 1 7 acres commonly known as 2101 and 2201 Colorado Boulevard from Planned Development-6 (PD-6) zoning district to Light Industrial conditioned (LI[c]) zomng d~smct It was intended that the new zoning boundary would match the boundary of the ex~stmg Light Industrial (LI) zoning dlstr~ct to the east (see Attachment 2) However, the property description, m the original ordinance, does not match the existing boundary of the adjacent LI zomng The revised boundary will correct that error OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item RECOMMENDATION Staff recommends approval of the correction ordinance ESTIMATED PROJECT SCHEDULE N/A PRIOR ACTION/REVIEW Ordinance 98-018 approved on February 3, 1998 FISCAL INFORMATION N/A ATTACHMENTS 1 Ordinance 98-018 2 Zoning Map 3 Draft Ordinance Respectfully submitted D~rector of Planmng and Development Planner I 2 ATTACHMENT 1 O IN CENO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT NO 6 (PD~6) TO LIGHT INDUSTRIAL CONDITIONAL (LI[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1 32 ACRES LOCATED ON THE NORTH SIDE OF COLORADO BOULEVARD, AT SAN JACINTO BOULEVARD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Mr Dawd Walls, on behalf of Golden Triangle Joint Venture No 6, owners of the subject property, has applied for a change m zoning fi-om the Planned Development No 6 (PD-6) to the Light Industrial condmoned (LI[c]) zorang district classification and use designation as shown in Exhibit B, and WHEREAS, on January 14, 1998, the Planmng and Zomng Corarmsmon recommended approval of the zoning change, and WHEREAS, the City Council finds that the change m zoning vall be m eomphance vath the Denton Development Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That 1 32 acres more particularly described by the legal descnpuon attached hereto and incorporated herein as Exbabn A, is hereby changed fi-om Planned Development No 6 (PD-6) to a Light Industrial con&Uoned (LI[c]) zoning distnct classification and use designation vath the uses dasenbed m Exhibit "B", wtueh is attached hereto and incorporated herein for all purposes, being prolublted SECTION II That the prowslons ofttus ordinance as they apply to the I 32 acres shown in Exbabit "A' shall govern and control over any conflicting prowslon of Planned Development No 6, but all the prov~sions of Planned Development No 6 as they apply to that remalmng portion of the dlstnct not hereto amended, shall continue m force and effect and shall apply to the remainder of smd district SECTION III That a copy of this ordinance shall be attached to Planned Development No 6 showing the amendment herein approved SECTION IV That any person wolatmg any prov~sion of th~s ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provmlon ofth~s ordinance is v~olated shall constitute a separate and distract offense SECTION V That flus ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary Is hereby directed to cause the caption oftl'ns ordinance to be 3 published twace tn the Denton Record Chronicle, the official newspaper of the City-of Denton, Texas, vatlun ten (10) days of the date of its passage ...... .IA~ ATTEST JENNIFER WALTERS, CITY SECRETARY ~V,D~S~O~,~o~ ~,. ~,ou~Y. C~TY*~0~ EXHIBIT A 97052 ZON EX TRACT DESCRIPTION BEING A lVIET~S AND BOUNDS DESCRIPTION FOR A ! 32 ACRE TRACT SITUAqTfD IN T}{E CITY OF DENTON, DENTON COUNTY, TEXAS OUT OF TH~ kH HOPKINS SURVEY, ABSTRACT NO 1694, AND BEING A PA~T OF THE 27 3495 ACP. E TRACT OF LAND AS CONVEYED TO GOLDEN TRIANGLE 3OINT V~NTLIRE BY HERBERT D WEIT~, TKUSTEE AS RECORDED IN VOLUME 986 AT PAGE 937 OF TH~ DEED RECORDS OF DENTON COUNTY, T~XAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEG~G AT A fi;g" IRON ROD FOUND FOR THE MOST SOUTHERLY CORNER OF THE COLORADO COURTS SUBDIVISION, AN ADDITION TO TH~ CITY OF DENTON, TEXAS, ACCORDING TO TH~ PLAT THEREOF AS RECORDED IN CABINET "C", PAGE 219 OF THE MAP RECORDS OF DENTON COUNTY, TEXAS, SAID POINT ALSO BEING IN THE NORTHEASTERLY LINE OF COLORADO BOULEVARD (100 FOOT RIGHT OF WAY), THENCE N 49°49'00" E, ALONG THE SOUTHEAST LINE OF SAID COLORADO COURTS SUBDIVISION AND THE NORTHWESTERLY LINE OF THE AFORESAID 27 3495 ACRE TRACT, FOR A DISTANCE OF 22B 09 FEET TO A fi/g" IRON ROD FOUND FOR CORNER, SAID POINT BEING IN THE sOUTHWEST LINE OF A 100 FOOT RIGHT OF WAY CONVEYED TO TH~ MISSOURI KANSAS AND TEXAS RAILROAD, THENCE SOUTH 42°0~'00'' EAST, ALONG THE SOUTHWEST LINE OF THE IVESSOURI KANSAS ANS TEXAS RAILROAD AND THE NORTHEAST LINE OF THE 27 3495 ACRE TRACT FOR A DISTANCE OF 130 00 FEET, THENCE SOUTH 03°09'33" W, A DISTANCE OF 334 23 FEET TO A POINT IN THE NORTHEAST RIGHT OF WAY LINE OF COLORADO BOULEVARD, THENCE NORTH 40° I 1'00" W, ALONG THE NORTHEAST LINE OF COLORADO BOULEVARD FOR A DISTANCE OF 3'/3 00 FEET TOT FIE PLACE OF BEGINNING AND CONTAINING 1 B 123 ACRES OF LAND, MORE OR LESS EXHIBIT B Prohibited uses. Radio and Telews~on or M~crowave Tower Hauhng or Storage Company Sewage Pumping Station Motor Freight Terminal Sewage Treatment Plant T~re Retreading or Capping Water Treatment Plant Auto Wrecking or Salvage Yard Sexually Oriented Bus~ness Cleaning and Pressing Stable, Private Club Household Apphance Service and Repair Stable, Commercial Rental Animal Chmc, Hospital or Kennel - Stable, Boarding (w~th outside runs and pens) A~rport Landing F~eld or Hehport Farm or Ranch Bus Stabon or Terminal Hatchery, Poultry L~vestock Auction L~vestock Feeding Plant, pens or yards Cleamng and Dyeing Plant Cleaning Plant, Bags or Carpets EngIne and Motor Repa~nng Heavy Machinery Sales Job Pnnbng or Newspaper Pnnting Laundry Plant (Commercial) M~lk Depot, Dairy or Ice Cream Plant Paint Shop Petroleum Products Storage - Wholesale Sand, Gravel or Earth Sales or Storage Scientific or Research Laboratory Trader Rental or Sales Petroleum or Gas Well Petroleum Collecting or Storage Facd,t~es M,n~ng or Storage of Wastes Brick K~ln or T~le Plant Dump or Samtary F~II Area M~x,ng and Sale of Concrete Open Salvage Yard for Rags or Machinery, Etc Clothing Manufacture or Light Compounding or Fabncatlon Temporary or Permanent Batchlng Plant for Asphalt or Concrete Storage and Sales of Furmture or Apphances outsIde of Building Extraction and Storage of Sand, Cahche, Stone, Clay or Gravel L~ght Manufactunng or Industrial Uses Which Meet Performance Standards 6 ATTACHMENT 2 NORTH Correction Ordinance ZONING MAP Scale None Agenda Date. March 6, 2001 7 ATTACHMENT 3 S \Our Documents\Ordinances\01\98 018 correcting ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO CORRECT AN INADVERTENT ERROR IN ORDINANCE NO 98-018 WHICH IS AN ORDINANCE ZONING AN APPROXIMATE 1 7 ACRE TRACT OF LAND LOCATED ON THE NORTH SIDE OF COLORADO BOULEVARD, AT SAN JACINTO BOULEVARD TO LIGHT INDUSTRIAL CONDITIONAL (LI[C]), SAID ERROR BEING AN INADVERTENT ERROR IN THE DESCRIPTION OF THE PROPERTY BEING ZONED, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on February 3, 1998 the City Council approved Ordinance No 98-018 which zoned certmn real property from Planned Development No 6 (PD-6) to Light Industrial Conditional (LI[c]), and WHEREAS, there was an ~nadvertent error in the legal descnpt~on attached as Exhtblt "A" to sand ordinance as the minutes and the agenda back up clearly show that the eastern boundary of the property being rezoned m contiguous to existing hght lndusmal zoned property, yet smd legal descnptlon results ~n a narrow gap between the two properties, and WHEREAS, the C~ty Council finds that Exhibit "A" attached to Ordinance No 98-018 was an inadvertent error and does not accurately describe the property that was rezoned, but instead, the approxnnate 1 7 acre real property described in Exhibit "A" to this orchnance is in fact the property that was rezoned by Onhnance No 98-018, and WHEREAS, the C~ty Counml finds that thru orchnance is in the pubhc interest, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordinance No 98-018 is hereby corrected and amended so that Exlub~t "A" attached hereto and made a part hereof, being a description of approximately 1 7 acres of real property, submtutes and replaces Exhibit "A" to Ordinance No 98-018 Ttus correction and amendment m retroactive to February 3, 1998, the date of passage of Ordinance No 98-018 SECTION 2 All other provisions of Ordinance No 98-018 not in conflict with this ordinance shall remmn m full force and effect A copy of this ordinance shall be attached to Ordinance 98-018 showing the corrections and amendments herein approved SECTION 3 The recitations and findings contmned in the preamble of this ordinance are substantive and are incorporated into the body of this ordinance as if fully set forth herein SECTION 4 This Ordinance shall be effective immediately upon its passage and approval, with the corrections and amendments contmned herein having retroactive effect as provided m Section 1 hereof 8 PASSED AND APPROVED this the __ day of 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERB~ATTORNEY BY EXHIBIT A Being a metes and bounds description for a 1 7 acre tract situated in the City of Denton, Denton County, Texas out of the R H Hopkins Survey, Abstract number 1694 and being part of the 27 3495 acre tract of as conveyed to Golden Triangle Joint Venture by Herbert D Weltzman, Trustee as Recorded in Volume 986 at Page 937 of the Deed Records of Denton County, Texas and more particularly described as follows Beglumng at the most Southerly corner of the Colorado Courts Subdivision, an addition to the City of Denton, Texas according to the plat thereof Recorded in Cabinet C, Page 219 of the map Records of Denton County, Texas, smd point also bemg on the Northeasterly hne of Colorado Boulevard, Thence North 49 Degree 49 Minutes 00 Seconds East along the Southeast line of smd Colorado Courts Subdivision and the Northwesterly line of aforesmd 27 3495 acre tract, for a Distance of 225 09 feet for a corner, Thence South 42 Degrees 05 Minutes 00 Seconds East, Along the Southwest line of the Missouri Kansas Texas and Texas Rml Road and the Northeast line of the 27 3495 acre tract for a distance of 180 00 feet for a corner, Thence South along the most Eastern boundary line of smd R H Hopkins Survey a d~stance of 358 01 feet to the Northeast Pdght of Way line of Colorado Boulevard for a corner, Thence North 40 Degrees 11 Minutes 00 Seconds West along the Northeast R~ght of Way hne of smd Colorado Boulevard a distance of 453 48 feet to the Point of Begmmng and contmmng 1 7 acres of land 10 S \Our Document~\Ordmances\01\g8-018 Coffee,on ndary doc ^oendalt, m ~1 AGENDA INFORMATION SHEET AGENDA DATE. March 6, 2001 DEPARTMENT: Library System ACM. Kathy DuBose, Fiscal and Municipal Services SUBJECT An Ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with the firm of HH Architects to provide professional servmes for the interior and exterior das]gn of North Branch Library as well as management and ]nspectlon services dunng the construction phase as set forth in this contract, anthonzmg the expen&ture of funds therefore, and provlchng an effective date BACKGROUND The City Counml adopted a master plan developed by Carol Brown Assocmtes for the Library System in the summer of 1999 The plan is used by L~brary administration and managers to grade the direction ofDenton's pubhe library system for the next 10 years Previously, the Library Director prepared a Request for Proposal (RFP) for the Library Master Plan (Exhibit #1) that was advertised publicly and sent to more than 10 consultant firms It included the criteria for the scope of work (page 2, item III) and for the project evaluation (page 5, ~tem VII) Four firms or consultant teams responded w~th proposals and proposal interviews were conducted for all four of the respondents ~ncludmg a local firm, Promdenee Associates, owned by Dick Waters, who has since moved out of state A 4-person interview panel including the Denton Library D~rector, the Assistant C~ty Manager of Fiscal and Mummpal Services, a former professor of the School of L~brary and Information Studies at Texas Woman's Umvers]ty, and the L~brary Director of North R~ehland Hills Public L~brary chose Carol Brown Assomates as the preferred consultant for the project The consultant development team included two architectural firms with specific expertise in the area of hbrary structural assessment and design These architectural firms were represented by Jones McConnell, Principal of HH Architects, and Jefferey Scherer and Jack Pohng of Meyer, Soberer, Rockcastle, Ltd Carol Brown Associates was chosen as the selected library consultant because they are highly regarded as experts m the field of hbrary master plan development They have completed master plan studies for 49 small, medium and large urban public hbraries throughout the Un]ted States and Canada As the former Assistant Chief of Branch Services for the Houston Public Library, Ms Brown wrote the budding programs and oversaw the budding of nine new branch libraries ~n the City of Houston alone HH Architects from Dallas have built public libraries for the Cities of Carrollton, DeSoto, Grapevine, Ten'ell and Dallas Specific to ti'ns project is the Frankford Village Branch Library in the City of Carrollton, which was converted from a storefront lease space The architectural firm of Meyer, Scherer, and P. ockcastle IS a Minnesota corporation founded in 1981 by the three principals Thomas Meyer, Jefferey Scherer and Garth Rockcastle Senior Associate of the firm, Jack Poling, was also a member of the Carol Brown Associates development team MS&P. has bmlt 41 hbrarles, 31 of them public library facilities The firm employs a total of 74 individuals, including 43 architects and light interior designers MS&I~ designs and manages between $55-75 mllhon in construction each year Sixty percent of that work is for institutional clients, such as libraries, universities and museums MS&P. has won 41 state and national design awards and is frequently published in major regional and national periodicals Specific to this project is their expertise and experience in library adaptive reuse, hbrary design and programming MS&R is highly sought by the industry to publicly address topics on hbranes, ranging from lighting and sound to signage PnncIpal Jefferey Scherer is a popular speaker on library buildings for the national organization of the Library Administration and Management Assocmt~on Both firms demonstrated consistent competence during the Library Master Plan process, and their qualifications are considered the most highly qualified to continue on with the desi/~n and building of the North Branch Library for the following reasons 1 HH Architects spent a total of 80 hours carrying out all parts of the project related to the physical and structural assessment of the Emily Fowler Central Library and other sites, including the work of engineers HH Architects submitted two written documents as a result of their findings 1) a Limited Structural Assessment of the Emily Fowler Library, and 2) a Mechanical, Electrical and Plumbing (MEP) summation 2 MS&P. spent 70 hours carrying out all parts of the Library Master Plan project related to assessment of the functional aspects of the Emily Fowler Central Library MS&R took pnmary responslblhty for developing recommendations related to the expected function of the building and the findings of the building and site assessments MS&P.'s recommendations related to community input and the resulting Master Plan for the library 3 MS&R estimated the capital and operating costs of the recommended facilities, which included the Food Lion bmldlng as a North Branch Library They made other recommendations and estimated costs for providing the recommended collections, services, and staff in new or expanded facilities 4 Both firms completed an assessment of the Food L~on s~t¢ and other possible sites as a result of the discussion of future branches as indicated by the focus groups, surveys, and on-site investigations 5 MS&R provided detaaled space allocations and assigned net and gross square feet by area for the North Branch Library using the Food L~on bmldmg as a basis for their analysis 6 HH Archxtects and MS&R's famlhar~ty and knowledge gamed dunng the Master Plan process would be brought forward to the design phase Both firms have already met wtth the C~ty Councd, Library Board, and the Friends of the Denton Public Libraries 7 The firms of HH Architects and MS&R already completed the necessary groundwork dunng the Master Plan Study to immediately begin the design phase ESTIMATED SCHEDULE OF PROJECT The North Branch Library Project Schedule is page 4 of Exhibit A PRIOR ACTION/REVIEW (Council. Boards, Commission) The Denton Public Library Board and the Denton City Councd unanimously approved the L~brary Master Plan m the summer of 1999 The Denton Pubhc L~brary Board unanimously approved the attached contract on March 1, 2001 FISCAL INFORMATION Funding is available in the 2001 Capital Improvement Proj eot Program for this project EXHIBITS 1 Request for Proposal (RFP) Relating to Professional Services for the Denton Public Library Master Plan 1998-2010 2 Ordinance 3 Contract Respectfully submitted Eva Poole D~rector of Llbrartes EXHIBIT 1 REQUEST FOR PROPOSAL (RFP) RELATING TO PROFESSIONAL SERVICES FOR THE DENTON PUBLIC LIBRARY MASTER PLAN 1998-2010 I. PURPOSE The Ltbrary Depmtment, Ctty of Denton, tnvltes the submtttal of proposals from firms ~nterested ~n prowdmg professtonal consultant services to develop and prepare a "Master Plan 1998-2010" The scope of the project includes strategm planning for services and admtmstrat~on as well as an assessment of facthttes Under the general gmdance of the Dtrector of the Denton Pubhc L~brary (DPL), the consultant will be reqmred to develop a Master Plan for orgamzatmn, servtces and factht~es to meet future needs Spemal attention to the Emily Fowler Central Ltbrary, challenged by demands on hbrary servtce tn terms of space, layout, and the abthty to prowde adequate support systems for tech- nology, wffi be reqmred The consultant's analysts wall be used to determine ffthe current faml- tty can be renovated to meet future needs or ff a new Central L~brary should be constructed w~th an estlmatton of capttal and opemttng costs to the C~ty II, BACKGROUND The Denton Pubhc Ltbrary ts a department of the C~ty of Denton serving a c~ty population of 71,500 (1997 estimate) Located wttlun Denton County, DPLjoms fourteen other pubhc h- branes tn sermng the 352,050 people tn Denton County Located 38 mtles north-northwest of Dallas and 36 rmles north-northeast of Fort Worth, Denton ts the home of two major umversmes, the Umvermty of North Texas and Texas Woman's Umvermty The C~ty of Denton has a Counctl-Manager form of government The Asmstant City Manager of Ftnance appoints the Ltbrary Dtrector The seven members of the L~brary Board are appointed by the Ctty Councd The Ltbrary Board reviews and makes adwsory recommendaUons to the D~rector on msues regarding operatmg pohmes and programs of the hbrary and long-range capi- tal ~mprovement plannmg and pohcy The Board also conmders Library Department matters brought to them by the Dtrector The Dtrector m the ctuef admtmstratxve officer of the Ltbrary Altogether, ten hbranans and 29 support staff operate the Denton Pubhc Ltbrary System The Denton Pubhc Ltbrary System conmsts of the Emdy Fowler Central Ltbrary tn downtown Denton and one branch hbrary located m South Denton near Golden Triangle Mall The Central L~brary has a collectmn of over 128,000 ~tems, ~nclud~ng a specml research collection m Texas and local htstory, genealogy, and archives The Central Ltbrary collection supplements the Request for Proposal Denton Public Library Page 2 resources of the Branch library and also serves as the hub of the library's admlmstratlve and techmcal services The South Branch Library, wxth 10,000 square feet and bmlt in 1995, holds a total of over 28,000 ~tems Together the two locations handle 573,000 circulating transactions, 101,000 reference transactions, and 268,000 library mSltS a year The Ermly Fowler Central Library faces many umque challenges as a historical bmlchng with an architectural heritage umque to Denton The core of the Library was designed and completed in 1949 Pmmment Texas erclntect O'Nefl Ford completed the first major addition to the bufl&ng in 1969 and the second adcht~on to tho hbrary in 1981 At 25,000 square feet, the Emily Fowler Central Library also includes a 1,200 square foot atrium garden area, which is malntmned by the Women's Federated Garden Clubs of Denton The Central Library bmldlng is inadequate in terms of space allocation and electrical capacity to meet the changing needs of library users For automatton, the Denton Pubhc Library uses the DYNIX online integrated library system, which is mnnmg on an IBM RS-6000 platform Pubhc access to DPL catalog is avmlable through dial-up capability to the online database and to the Texas Woman's University catalog There are 18 pubhc access 486 computers located throughout both hbranes Graphical int.'face to the Internet is avmlable on ten dedicated 486 computers at both hbranes Staff computers are Pentlums attached to the C~ty of Denton's Novell network via fiber optic cabling III. SCOPE OF WORK The L~brary wishes to determine if its current Central Library facthty can be updated and reno- vated, or if a new Central Library should be constructed in order to provide services that are the most valued and effective for its present and future customers A strategic plan is needed that will matntam a highly used library in a growmg community Given these needs, the scope of work for flus project contains three elements 1 The development of a master plan for library services and orgamzatlon 2 A bml&ng needs assessment for the Emily Fowler Central Library in terms of s~te, size, structural stability, soundness, aesthetics, electrical and mechanical systems, hghtmg, compliance with ADA standards, functional layout, flexxbfllty, vonng and telecommumcatlon considerations, and related criteria in terms of its useful hfe 3 A facflmes plan to bring the Emily Fowler Central Library to standard through recommendations for renovation, alternate arrangements for other types of usage, or future development These three elements will be combined to serve as the Master Plan for the Denton Public brary, 1998-2010 The consultant(s) is expected to propose a strategy for developing the Master Request for Proposal Denton Pubhc Lxbrary Page 3 Plan Of particular interest to the Ltbrary management are the steps and the order m which they are to be taken to develop and tmplement the Master Plan The Master Plan should have a suffi- cient scope to include an evaluation of where the Library ts today, mcludmg the current bmlchng and site, personnel, and customer sermce It should address the projected populatton and other demograpfuc data m terms of evaluating the long-range needs of the commumty as well as ~ssues of land usage of another stte or s~tes, and altemattve arrangements for other types of usage The document should contmn recommendations for the Library's mtss~on statement, pubhc service roles, collect~on development, program pnonttes, adnnmstrattve orgamzat~on, and tech- nology, an assessment of extstmg fuctht~es and future facthty needs outhmng the concht~on of current factht~es and thetr capabthttes, and a recommendatton on renovation or construction of a new Central L~brary w~th cost analysts mcludtng on-going mmntenance of the building The document wtll be g~ven to the Ltbrary D~rector m draft form for revtew and ~nput The L~- brary Dtrector must review and concur w~th all recommendations before final documents are drawn Tasks to be specffically performed by the Consultant(s) are 1 Involve the commumty m the planmng process The consultant ~s expected to propose the means by wluch to gather broad based commumty input ~n the plan- mng process 2 Contribute substantially, orally and m writing, to the L~brary's demston-makmg process by promdmg presentations to destgnated committees and other groups 3 Work closely w~th designated staff as necessary on tasks related to the Master Plamung Process 4 Analyze and mterpret Ltbrary, local, and supplementary data 5 Be able to begtn work munethately upon finahzatlon of contract IV. REQUIRED QUALIFICATIONS Gtven the scope of the project, the Library management ts seelang a quahfied consultant firm experienced m provtdmg the servmes outhned m the Scope of Work The consultant should have m-depth knowledge oftradlttonal hbrary servtces and resources A clear sense of where new technologies are headed and their potenttal apphcatlons m hbrary settings is ~mportant Knowl- edge of space planmng, braiding evaluations, and provls~on of archttectural serwces ts essential A proven track record tn meeting deadhnes and actuevmg positive results w~th other pubhc h- brary projects ~s lughly desirable Request for Proposal Denton Pubhc Library Page 4 The consultant's firm shall also encompass the following general quall/lCatlons 1 Demonstrated ability to work with d~verse groups of people and individuals repre- santlng chfferent educataonal, cultural, and soelo-econonnc backgrounds 2 Demonstrated knowledge of operatmns research, survey research methods, statis- t~eal analys~s, mechataon of focus groups, data analyses, and experience integrat- ing findings in planning analyses 3 Professional space planning, arclntectural, engmeenng, and building evaluatmn Selw1ces experience 4 A nnnnnum of five (5) years of library consulting experience or semor admims- trat~ve professional public library experience with solid experience in strategic planning V. PROPOSAL ORGANIZATION AND SUBMISSION REQUIREMENTS The proposal shall conform to the following outline and mclude Overvzew/$cove o_fwork~ To convey the Consultant's understanding of the Master Plan objectives and requirements Resumes o_fthe Fzrm and Staff. Include quahficatlons and experience of the firm as they relate to the proposed services Descrwtton of Consulting Team. Provide hstmg of key personnel assigned to this project and in what capacity, including quahficattons and experience Plan ofworlc and technical at~nroach. A description of the proposed course and se- quence of action or tasks including methodologies and a tnne-phased statement of project milestones Study at~nroach methodolotrv and nrocess. Include phasing and/or steps, g~wng the in- cremental cost associated with each Please address each component listed in project scope giving estimated hours to be spent and costs associated with each Re_ference& Provide at least three recent references for similar studies, include summary of the study and name, address, and telephone number of person to contact Cost estimate. The total mclumve proposed cost for accomphshmg the Master Plan Request for Proposal Denton Public Library Page 5 Submission reautrement& The proposers will subnut ten (10) copies of their proposal Proposers may feel flee to include any additional information that might be helpful m the seleeUon process VI. PROJECT TIME FRAME Following an evaluation of the RFP responses, pmspecUve consultants will be interviewed in person by a panel of City representaUves It is the intent of the City to have the consultant(s) selected by May 1998 and the project fully completed by August 1998 If this t~meframe is inadequate, please address in the proposal re- sponse VII CRITERIA FOR EVALUATION OF PROPOSALS The Llbraly Director and Assistant City Manager of Finance will review the proposals Each proposal will be thoroughly evaluated based on conformance to all the requirements stated herein The Library Director and Assistant City Manager of Finance will then determine the number of respondents to be interviewed Criteria, which will be used in evaluating proposals and selecting the Consultant(s) or firm, in- clude 1 The responsiveness, comprehension, and quality of the proposal in response to the RFP (10%) 2 The techmcal quality of the work plan and methodology, including proposed so- lutions specifically designed for the Denton Public Library System (20%) 3 Experience and qualffieatlons of the consultant(s) (10%) 4 Ablhty to document and present recommendations clearly in written format (15%) 5 References from previous clients (15%) 6 Previous experience w~th public mumclpal hbranes on similar projects (15%) 7 The proposed cost to conduct the study in relation to the other proposals received and relative to the number of hours of professional consulting services to be re- ceived and the overall expertise of the personnel proposed to perform the work (15%) Request for Proposal Denton Pubhc L~brary Page 6 The L~brary Director and Asmstant City Manager of F~nance will utilize judgment and common sense m ~dentffymg the selected Consultant The award points will be used to assist the team an rendenng a declsaon through empmcal analysas, however, the C~ty reserves the right to conduct other evalual~ons and measurements of Consultant responses as may be reqmred m order to ren- der an reformed and optimum decision S \Our Documents\Ord~nances\01kHH Ord~nance~L~brary Convem0n PSA 2657 doc ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH THE FIRM OF HHARCHITECTS TO PROVIDE PROFESSIONAL SERVICES FOR THE INTERIOR AND EXTERIOR DESIGN OF NORTH BRANCH LIBRARY, AS WELL AS MANAGEMENT AND INSPECTION SERVICES DURING THE CONSTRUCTION PHASE AS SET FORTH 1N THIS CONTRACT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PSA 2657 - NORTH BRANCH LIBRARY AWARDED TO HH ARCHITECTS IN THE NOT TO EXCEED AMOUNT OF $374,594) WHEREAS, The professional sennces provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services, and WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees pubhshed by the professional associations applicable to the Provlder's profession and such fees do not exceed the maximum provided by law, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Mayor, or in her absence the Mayor Pro Tern, is hereby anthonzed to enter into a professional service contract with the Provider, HHArchltects, to provide professional services for the interior and exterior design as well as management and inspection services dunng the construction phase for the North Branch Library as set forth in the contract, a copy of which is attached hereto and incorporated by reference herein SECTION 2 The City Manager is authorized to expend funds as required by the attached contract SECTION 3 The findings in the preamble of this ordinance are incorporated herein by reference SECTION 4 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ., 2001 EULINE BROCK, MAYOR S \Our Docum~nts\Ordmances\01~-IH Ordlnance-L~brary Conversion PSA 2657 doc ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY AGREEMENT FOR ARCHITECTURAL SERVICES Ttus Agreement made as of the __ day of ,2001 between the C~ty of Denton, Texas, heremat~er fei'erred to as "Owner", and HItArcbat~ects, hereinafter referred to as "Arclutect" for the following Project L~brary conversion at old Food L~on store to North Branch L~brary The Owner and Arcbateet agree as set forth below ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1 1 ARCHITECT'S SERVICES 1 1 1 The Arcbatect's serwces consist of those servmes performed by the Arclutect, Architect's employees and Arclutect's consultants as enumerated an Artmles 2 and 3 of tlus Agreement and any other serwces included ~n Article 11 1 1 2 The Arctutect's services shall be performed as expeditiously as ~s consistent w~th the lughest degree of professional doll and care and the orderly progress of the Work Upon request of the Owner, the Arebatect shall submit for the Owner's approval a schedule for the performance of the Arctntect's servaces whmh may be adjusted as the ProJect proceeds, and shall melude allowances for periods of th-ne reqmred for the Owner's remew and for approval of submissions by authonttes having jurisdiction over the Project T~me hm~ts established by th~s schedule and approved by the Owner shall not, except for reasonable cause, be ex~eeded by the Arclutect or Owner, and any adjustments to ttus schedule shall be mutually acceptable to both part, es 1.1 3 The servmes covered by tlus Agreement are subject to the t~me hm~tataons contained m Subparagraph 10 4 1 ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2 1 DEFINITION 2 1.1 The Arctutect's Basic Services consist &those described m Paragraphs 2 2 through 2 6 and any other services ~dentffied ~n Article I 1 as part of Basic Services, and ~nclude uathout hm~tat~on normal structural, mechamcal and electrical eng~neenng servmes and coordination of any other engmeenng services necessary to produce a complete and accurate set of Conslruct~on Documents, as described by and reqmred m Paragraph 2 4 Agreement for Architectural Services - Page 1 of 17 2 2 SCHEMATIC DESIGN PHASE 2 2.1 The Archttect, ~n consultataon w~th the Owner, shall revtew the written program for the ProJect to ascertmn Owner's needs and to verify the reqmrements for the ProJect 2 2 2 The Architect shall proxade a prelanmary evaluation of the Owner's program, constmctaon schedule and constructaon budget reqmrements, each ~n terms of the other, subject to the hm~tatmns set forth in Subparagraph 5 2 1 2 2 3 The Arcbatect shall rewew wath the Owner altemattve approaches to design and construction of the ProJect 2 2.4 Based on the mutually agreed-upon program, schedule and construction budget reqmrements, the Arclutect shall prepare, for approval by the Owner, Schematic Design Documents cons~stmg of drawings and other documents illustrating the scale and relat~onsbap of ProJect components The Schematm Design shall contemplate comphance w~th all apphcable laws, statutes, ordinances, codes and regulations 2 2.5 The Arcbatect shall submit to the Owner a prehmanary detmled estimate of Construction Cost based on current area, volume or other umt costs and wbach ~nd~cates the cost of each category of work revolved m constructing the Project and estabhshes an elapsed tmae factor for the period of t~me from the commencement to the completion of constmctaon 2.3 DESIGN DEVELOPMENT PHASE 2 3 1 Based on the approved Schematac Design Documents and any adjustments authorized by the Owner an the program, schedule or construction budget, the Arclutect shall prepare for approval by the Owner, Design Development Documents consastmg of drawangs and other documents to fix and describe the s~ze and character of the Project as to arclutectural, structural, mechamcal and electrical systems, materials and such other elements as may be appropriate, whtch shall comply w~th all apphcable laws, statutes, ordinances, codes and regulations m force at the t~me of design, consistent wath professional skall and care m accordance w~th standards of the profession Owner's approval of the documents, shall not constitute a wmver of the Arctutect's duty to produce Documents and specfficatmns that will be suffiment and adequate to fulfill the purposes of the ProJect 2 3.2 The Arctutect shall adwse the Owner of any adjustments to the prehm~nary estmaate of Construction Cost m a further Detmled Statement as described ~n Paragraph 2 2 5 2 4 CONSTRUCTION DOCUMENTS PHASE 2 4 1 Based on the approved Design Development Documents and any further adjustments ~n the scope or quality of the ProJect or ~n the construction budget authorized by the Owner, the Archttect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specfficat~ons setting forth ~n detml reqmrements for the construction of the Project, Agreement for Architectural Serwces - Page 2 of 17 which shall comply with applicable laws, statutes, ordinances, codes and regulations, in force at the tame of design, consistent with professional slall and care m accordance with standards of the profession 2.4 2 The Architect shall assast the Owner in the preparataon of the necessary bidding information, blddmg forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor 2.4 3 The Architect shall advise the Owner of any adjustments to previous prelarmnary estamates of Construction Cost andacated by changes in requirements or general market condatlons 2 4.4 The Architect shall assist the Owner in connection with the Owner's responabfllty for filang documents required for the approval of governmental authorities having junsdlctaon over the ProJect 2 5 BIDDING 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest prelammary detailed estamate of Constructaon Cost, shall assast the Owner m obtaining bids and assist m awarding and preparing contracts for constmctaon 2 5 2 If the lowest responsible bad for the eonstmctaon of the Project exceeds the total eonstmctmn cost of the Project as set forth m the approved Detmled Statement of Probable Coustmctaun Costs of/the Project submitted by the Architect, then the Architect, at its sole cost and expense, wil! revise the Constmctaon Documents as may be reqmred by the City to reduce or modify the quantaty or quality of the work so that the total construction cost of the ProJect will not exceed the total eonstructmn cost set forth m the approved Detmled Statement of Probable Construetmn Costs 2.6 CONSTRUCTION PHASE ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2 6 1 The Architect's responsibflaty to provide Basac Serrates for the Construction Phase under this Agreement commences with the award of the Contract for Constmctaon and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subparagraph 9 3 2 2.6 2 The Architect shall provide detaaled admmlstrataon of the Contract for Construction as set forth below and an the 1987 edition of AIA document A201, General Condat~ons of the Contract for Construction, current as of the date of this Agreement, unless otherwase provaded m this Agreement 2 6.3 Construction Phase dutaes, responsibilities and lamatatlons of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect Agreement for Architectural Services - Page 3 of 17 2 6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) durmg eonstrueiaon, and (2) at the Owner's direction from time to time dunng the correction, or warranty period described m the Contract for Construction The Architect shall have authority to act on behalf of the Owner only to the extent provided m flus Agreement unless otherwise modified by written mstrument 2 6.5 The Architect shall observe the construction site at least two times a week, regardless of whether construction is m progress, to become familiar with the progress and quality of the Work completed and to determine if the Work is being performed m a manner ln&catmg that the Work when completed wall be in accordance with the Contract Documents Architect shall prowde Owner a written report subsequent to each on-site visit On the basis of on-site observations as an architect, the Architect shall keep the Owner reformed of the progress and quality of the Work, and shall exercise the professional care and diligence in discovermg and promptly reportmg to the Owner any defects or deficiencies m the work of Contractor or any sub-contractors The Architect represents that he wall follow professional standards m performing all services under flus Agreement The Architect shall promptly correct any defective designs or spemfieat~ons furmshed by the Architect at no cost to the Owner The Owner's approval, acceptance, use of or payment for all or any part of the Architect's services hereunder or of the Project itself shall ~n no way alter the Architect's obligations or the Owner's nghts hereunder The weekly observations required by flus paragraph can be waived by mutual agreement of the pames and written confirmation of the waver The waver will not be construed to allow the Architect not to fulfill his professional duties, including inspection, due to circumstances not foreseen at the t~me the waver was granted j 2 6 6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techmques, sequences or procedures, or for safety precaunons and programs in connection wath the Work The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance wath the Contract Documents except insofar as such falure may result from Architect's negligent acts or omissions The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or thetr agents or employees, or of any other persons performmg portions of the Work 2 6.7 The Arcbatect shall at all tunes have access to the Work wherever it ~s m preparation or progress 2.6 8 Except as may otherwase be provided m the Contract Documents or when direct commumcat~ons have been specially authorized, the Owner and Contractor shall commumcate through the Architect Commumcataons by and with the Archttect's consultants shall be through the Arctutect 2 6 9 Based on the Architect's observations at the site of the Work and evaluations of the Contractor's Applications for Payment, the Architect shall review and cemfy the amounts due the Contractor Agreement for Arclutectural Services - Page 4 of 17 2 6.10 The Archttect's certlficatton for payment shall constitute a representation to thc Owner, based on the Arcbatect's observations at the s~te as prowded ~n Subparagraph 2 6 5 and on the data comprising the Contractor's Apphcat~on for Payment, that the Work has progressed to the point indicated and that the quahty of the Work is m accordance path the Contract Documents The foregoing representations are subject to minor dewat~ons from the contract Documents correctable prior to completaon and to specffic quahfications expressed by the Arclutect The issuance of a Certificate for Payment shall further constatnte a representauon that the Contractor is entitled to payment in the amount certafied However, the ~ssuance of a Certificate for Payment shall not be a representation that the Arctutect has (1) rewewed constmctmn means, methods, techmques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously prod on account of the Con~act Sum 2 6.11 The Arctutect shall have the responsabthty and authority to reject Work wluch does not conform to the Contract Documents Whenever the Arctutect considers ~t necessary or advisable for implementation of the mtant of the Contract Documents, the Arctutect pall have authority to reqmre addattonal mspectaon or testing of the Work m accordance wath the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed However, neither flus anthonty of the Arclutect nor a decas~on made m good froth either to exercise or not exercase such authority shall give nsc to a duty or responsfluhty of the Archttect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing porttons of the Work 2 6 12 The Arctutect shall rewew and approve or take other appropriate action upon dC~tntractor's subrmttals such as Shop Drawings, Product Data and Samples for the purpose of (1) erm~mng compliance path applicable laws, statutes, ordinances and codes, and (2) determining whether or not the Work, when completed, pall be an comphance path the requirements of the Contract Documents The Arcbatect shall act path such reasonable promptness to cause no delay an the Work or m the construction of the Owner or of separate contractors, while allopang sufficient t~me an the Arcbatect's professional judgment to permit adequate revaew Review of such subrmttals as not conducted for the purpose of determining the accuracy and completeness of other detmls such as damensions and quantxties or for substantiating instructions for xnstallat~on or performance of eqmpment or systems desagned by the Contractor, all of wluch remain the responsibility of the Contractor to the extent required by the Contract Documents The Arclutect's review shall not constitute approval of safety precautions or, unless otherwase specifically stated by the Arclutect, of constmcta0n means, methods, techmques, sequences or procedures The Architect's approval of a specific ~tem shall not ~ndlcate approval of an assembly of wbach the ~tem Is a component When professional certfficat~on of performance charactenstms of materials, systems or eqmpment as required by the Contract Documents, the Arctutect shall be entxtled to rely upon such cemficat~on to estabhsh that the matanals, systems or eqmpment pall meet the performance criteria reqmred by the Contract Documents 2 6.13 The Arctutect shall prepare Change Orders and Constmctxon Change Dtrectxves, path supporting documentatxon and data ff deemed necessary by the Arclutect as provided m Subparagraphs 3 1 1 and 3 3 3, for the Owner's approval and executaon in accordance path the Contract Documents, and may authorize minor changes in the Work not revolving an adjustment m Agreement for Arctutectural Services - Page 5 of 17 the Contract Sum or an extension of the Contract Tune wbach are not inconsistent w~th the intent of the Contract Documents 2 6 14 On behalf of the Owner, the Aretutect shall conduct inspections to determine the dates of Substan~al Completion and Final I2omplet~on, and shall mssue Certfficates of Substantaal and Final Completion The Arctutect wall receive and rewew written guarantees and related documents reqmred by the Contract for Construction to be assembled by the Contractor and shall ~ssue a final certfficate for Payment upon comphance w~th the reqmrements of the Contract Documents 2.6.15 The A.retutect shall interpret and provide recommendatmns on matters concerning performance of the Owner and Contractor under the requirements of the Conlxact Documents on written request of either the Owner or Contractor The Arctutect's response to such requests shall be made wath reasonable promptness and vntlun any tune hunts agreed upon The Arctutect should not show partiality to e~ther Owner or Contractor on decisions requmng interpretation 2 6.16 Interpretations and decisions of the Arclutect shall be consistent wath the intent of and reasonably referable from the Contract Documents and shall be m writing or m the form of drawings When making such ~nterpretat~ons and ~rut~al decisions, the Arcbatect shall not show partiality to e~ther Owner or Contractor on decisions requmng ~nterpretatmns and shall endeavor to secure fmthful performance by both Owner and Contractor, and shall not be hable for results or interpretations or dems~ons so rendered m good faith m accordance vath all the prows~ons of flus Agreement and ~n the absence of neghgence 2.6 17 The Arctutect shall render written dems~ons w~tl~n a reasonable t~me on all clauns, d~sputes or other matters ~n question between the Owner and Cgntractor relating to the execution or progress of the Work as provided m the Contract Documents 2 6 18 The Arclutect (1) shall render serwces under the Agreement m accordance vath the normal professional standards prevmhng ~n the Dallas-Fort Worth metroplex area, (2) will reimburse the Owner for all damages caused by the defective designs the Arclutect prepares, and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or d~munsh any of the Arctutect's obligations thereunder 2 6.19 The Arctutect shall promde the Owner w~th two set(s) of reproducible record dravongs showing all s~gmficant changes to the Construction Documents during the Constructmn Phase The General Contractor shall up-date a set of record dmwmgs during the construction phase as changes are made The Contractor will supply these reproducible record drawangs to the Archttect at the completion of the Construction Phase ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL Agreement for Architectural Services - Page 6 of 17 3.1.1 The serwees described m this Article 3 are not included m Basic Services unless so identified m Axttcle 11, and they shall be prod for by the Owner as provided m tlus Agreement, m addition to the compensation for Basic Services The services described under Paragraphs 3 2 and 3 4 shall only be prowded ffauthonzed or confirmed m writing by the Owner If sennces described under Contingent Addztmnal Serrates m Paragraph 3 3 are required due to circumstances beyond the Arctutect's control, the Arcluteet shall not~fy the Owner prior to commencing such sermces If the Owner deems that such servmes described under Paragraph 3 3 are not required, the Owner shall give prompt written notice to the Arctutect if the Owner indicates in writing that all or part of such Contingent Additional Sermces are not reqmred, the Arelutect shall have no obhgat~on to provide those services Owner vail be responsible for compensating the Arelutect for Contingent Additional Services only if they are not reqmred due to the negligence or fault of Aretutect 3 2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representataon at the site than is described in Subparagraph 2 6 5 is required, the Arelutect shall provide one or more ProJect Representatives to assist in carrying out such additional on-site responsibilities 3 2.2 ProJect Representatives shall be selected, employed and directed by the Arctutect, and the Arctutect shall be compensated therefor as agreed by the Owner and Arctutect The duties, responsibilities and hm~tatlons of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of ttus Agreement, unless otherwise agreed 3.3 CONTINGENT ADDITIONAL SERVICES 3 3 1 Making material revisions in Dravangs, Specfficat~ons or other documents when such revisions are 1 inconsistent vath approvals or instructions previously given by the Owner, including revisions made necessary by adjustments m the Ownees program or Project budget, 2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3 due to changes required as a result of the Owner's fmlure to render decision in a timely manner 3 3.2 Providing services reqmred because of slgmficant changes in the Project lncludmg, but not hmlted to, size, quality, complexity, the Owner's schedule, or the method of bidding and contracting for construction, except for services required under Subparagraph 2 5 2 3 3,3 Prepanng Drawings, Specifications and other documentation and supporting data, and prowdlng other services m connection w~th Change Orders and Construction Change Directives Agreement for Architectural Services - Page 7 of 17 3.3 4 Provadmg consultatton concerning replacement of Work damaged by fire or other cause dunng conslruct~on, and furmshmg services required m connectton wath the replacement of such Work 3.3 5 Provtdmg serwces made necessary by the default of the Contractor, by major defects or defictenctes m the Work of the Contractor, or by fmlure of performance of either the Owner or Contractor under the Contract for Constructton 3 3 6 Prov~dtng servmes tn evaluatang an extens, ve number of clmms submitted by the Contractor or others m connection w~th the Work 3 3 7 Provtdmg serwces m connection w~th a pubhc heanng, arb~tratton proceeding or legal proceeding except where the Arcbatect is party thereto 3 3 8 Preparing documents for alternate, separate or sequentaal bids or provtdlng services m connectton w~th btddmg or constmcUon prior to the completion of the Constmctton Documents Phase 3.4 OPTIONAL ADDITIONAL SERVICES 3 4 1 Provldmg fmanmal feas~blhty or other spectal studies 3 4.2 Prowdlng planning surveys, sate evaluations or comparatave studies of prospective sates 3 4.3 Provtdmg special su/vJeys, environmental studies and submissions reqmred for approvals of governmental authontaes or others having junsdlctton over the ProJect 3.4 4 Pmvtdlng services relative to future facd~t~es, systems and eqmpment 3 4 5 Prowd~ng services to ~nvest~gate exlstmg cond~ttons or facthtles or to make measured dravnngs thereof 3.4.6 Provtdmg servmes to verify the accuracy of drawings or other mfonnatton furmshed by the Owner 3 4 7 Prowdmg coordlnataon of constmetton performed by separate contractors or by the Owner's own forces and coordination of servtces reqmred in connectton vnth constmctton per- formed and eqmpment supplied by the Owner 3 4 8 Providing servmes m connectmn with the work of a construction manager or separate consultants retmned by the Owner 3 4.9 Promdmg detmled quantity surveys or inventories of material, eqmpment and labor 3.4.10 Provtd~ng analyses ofowmng and operating costs Agreement for Archttectural Services - Page 8 of 17 3.4.11 Malong mvesUgatlons, inventories of materials or eqmpment, or valuations and detmled apprmsals of eyastmg facthlaes 3 4.12 Proxadmg assistance m the utthzat~on of eqmpment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, mumng personnel for operation and maintenance and consultation dunng operation 3 4 13 Providing interior design and snnilar services required for or in connection w~th the selection, procurement or installation of furmture, furmshmgs and related eqmpment 3 4.14 Pmvichng services other than as provided m Section 2 6 4, after issuance to the Owner of the final Certificate for Payment and expirat~on of the Warranty period of the Contract for Construction 3 4 15 Provlchng services of consultants for other than arctutectural, structural, mechamcal and electrical engineering po~ons of the ProJect provided as a part of Basra Services 3.4.16 Providing any other services not otherwise included m tlus Agreement or not customarily furmshed m accordance wtth generally accepted arctutectural practice 3.4.17 Preparing an additional copy of reproducible record drawings shovang slgmficant changes m the Work made dunng construction based on marked-up pnnts, drawings and other data funushed by the Contractor to the Arclutect (Tlus ~s for dravangs prepared m addmon to those spemfied m Section 2 6 19 ) j ARTICLE 4 OVVNER'S RESPONSIBILITIES 4 1 The Owner shall consult vath the Arctutect regarding requirements for the ProJect, including (1) the Owner's objecttves, (2) schedule and design constrmnts and criteria, including space reqmrements and relatlonstups, flemblhty, expendability, special eqmpment, systems and site requirements, as more specifically described m Paragraph 2 2 1 4.2 The Owner shall establish and update an overall budget for the ProJect, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs 4 3 If requested by the Axctutect, the Owner shall furmsh evidence that £mancial arrangements have been made to fulfill the Owner's obligations under this Agreement 4 4 The Owner shall designate a representative authorized to act on the Owner's behalf w~th respect to the Project The Owner or such authorized representative shall render decis~ons In a tunely manner pertmmng to documents submitted by the Arcbatect m order to avoid unreasonable delay m the orderly and sequential progress of the Arclutect's services Agreement for Arclutectural Services - Page 9 of 17 4.5 The Owner shall funnsh surveys describing physical charactenstms, legal hmltat~ons and utthty loca~ons for the site of the ProJect, and a written legal description of the site The surveys and legal reformation shall include, as apphcable, grades and hnes of streets, alleys, pavements and adjoining property and structures, adjacent drainage, nights-of-way, resmct~ons, easements, encroachments, zoning, deed resmct~ons, boundanes and contours of the site, locauons, dhmensions and necessary data pertatmng to emstmg bmldmgs, other unprovements and trees, and mformatlon concermng available utthty services and lines, both pubhc and private, above and below grade, including inverts and depths All the mformat~on on the survey shall be referenced to a project benchmark 4 6 The Owner shall furmsh the services of geotechmcal engxneers when such semces are requested by the Ardutect Such sermces may include but are not hnnted to test borings, test pits, determinations of soil beanng values, percolation tests, evaluatxons of hazardous materials, ground corrosion and res~st~mty tests, including necessary opemttons for anticipating sub-soft condit~ons, vath reports and appropriate professional recommendauons 4 6 1 The Owner shall furmsh the servxces of other consultants when such senaces are reasonably reqmred by the scope of the Project and are requested by the Arclutect and are not retmned by the Arclutect as part of its Basic Services 4 7 The Owner shall furmsh structural, mechamcal, chenncal, mr and water pollution tests, tests of hazardous materials, and other laboratory and enwronmental tests, inspections and reports mqmred by law or the Contract Documents 4 8 JThe Owner shall furmsh all legal, accountxng and insurance counseling services as may be necessary at any txme for the ProJect, mcludang auditing servxces the Owner may reqmre to verify the Contractor's Apphcat~ons for Payment or to ascertmn how or for what purposes the Contractor has used the money prod by or on behalf of the Owner 4.9 The serwces, mformat~on, surveys and reports reqmred by Paragraphs 4 5 through 4 8 shall be furmshed at the Owner's expense, and the Arebatect shall be entitled to rely upon the accuracy and completeness thereof m the absence of any neghgence on the part of the Arcbatect 4.10 The Owner shall g~ve prompt written nottce to the Arebatect ff the Owner becomes aware of any fault or defect m the ProJect or nonconformance w~th the Contract Documents 4.11 Arclutect shall propose language for certificates or certifications to be requested of the Arclutect or Arcbatect's consultants and shall subrmt such to the Owner for rewew and approval at least fourteen (14) days prior to exeeutaon The Owner agrees not to request cemficat~ons that would reqmre knowledge or semces beyond the scope of this Agreement ARTICLE 5 CONSTRUCTION COST Agreement for Arcbatectural Services - Page I0 of 17 5.1 DEFINITION 5.1 1 The Constructaon Cost shall be the total cost or estanated cost to the Owner of all elements of the ProJect designed or speclfted by the Arctutect 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furmshed by the Owner and equipment designed, specified, selected or specially provided for by the Arctutect, plus a reasonable allowance for the Contractor's overhead and profit In addition, a reasonable allowance for contingencies shall be included for market conthtlons at the tune of biddmg and for changes m the Work dunng construction 5 1 3 Construction Cost does not include the compensation of the Arclutect and Arcbatect's consultants, the costs of the land, rights-of-way, financing or other costs wbach are the responsibility of the Owner as provided m Amcle 4 5 2 RESPONSIBILITY FOR CONSTRUCTION COST 5 2.1 Evaluations of the Owner's ProJect budget, prelumnary estmaates of Construction Cost and detmled estimates of Constmctaon Cost prepared by the Arclutect represent the Arclutect's best judgment as a design professional familiar wath the construction industry It is recogmzed, however, that neither the Arcbatect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of detemumng bid prices, or over competitive bidding or market conthtaons Accordmgl,y_, the Aretutect cannot and does not war/ant or represent that bids wall not vary from the Owners ProJect budget or from any estimate' of Construction Cost or evaluation prepared or agreed to by the Arctutect 5 2 2 No fixed limit of Construction Cost shall be established as a condition of thas Agreement by the furmslung, proposal or establishment of a Project budget, unless such fixed hunt has been agreed upon in writing and signed by the parties thereto If such a fixed lumt has been established, the Arclutect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included m the Contract Documents, to make reasonable adjustments m the scope of the ProJect and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed hmlt Fixed hrmts, if any, shall be increased in the amount of an increase in the Contract Sam occurring after execution of the Contract for Constructaon 5 2.3 If the Bidding Phase has not commenced w~thm 90 days after the Arelutect submits the Construction Documents to the Owner, any Project budget or fixed hmat of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction mdustry between the date of submission of the Construction Documents to the Owner and the date on wbach proposals are sought Agreement for Arclutectuml Services - Page 1 t of 17 ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specfficat~ons and other documents prepared by the Arclutect for flus ProJect are mstmments of the Architect's sermce for use solely with respect to thts ProJect and, unless otherwise promded, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright The Owner shall be permitted to retain cop~es, including reproducible copxes, of the Arcbatect's Drawings, Specfficatxons and other documents for mformat~on and reference ~n connection w~th the Owner's use and occupancy of the ProJect The Arcl~tect's Drawings, Specfficataons or other documents shall not be used by the Owner or others on other projects for add~taons to tins ProJect or for completaon of th~s ProJect by others, unless tins Agreement ~s terunnated because Arctutect ~s m de- fault of flus Agreement, at wluch tame the documents become the property of the C~ty of Denton 6 2 Subunss~on or d~stnbut~on of documents to meet officxal regulatory reqmrements or for smular purposes m connectaon vnth the ProJect ~s not to be construed as pubhcataon m derogataon of the Arctutect's reserved rights ARTICLE 7 TERMINATION~ SUSPENSION OR ABANDONMENT 7 1 Axclutect may terminate flus Agreement upon not less than flurty days written not, ce should the Owner fall substantaally to perform in accordance w~th the terms of flus Agreement through no fault of the Arclntect Owner may terminate flus Agreement or any phase thereof upon flurty (30) days prior written not,ce to the Architect w~th the understanding that anmed~ately upon receipt of such notate, all work and labor being performed under the Agreement shall cease ~mmedxately Before the end of the flurry 00) day period, Arclutect shall mvmce the Owner for all work ~t performed prior to the receipt of such not,ce No mount shall be due for lost or antm~pated profits All plans, field surveys, and other data related to the ProJect shall become property of the Owner upon termmatxon of the Agreement and shall be promptly dehvered to the Owner m a reasonably orgamzed form Should Owner subsequently contract w~th a new architect for contmuataon of services on the Project, Arclutect shall cooperate ~n prowdmg ~nformataon 7.2 If the ProJect ~s suspended by the Owner for more than 30 consecnt~ve days, the Arelutect shall be compensated for serwces performed prior to notxce of such suspensmn When the ProJect xs resumed, the Architect's compensataon shall be eqmtably adjusted to prowde for expenses recurred ~n the ~nterrupUon and resumptaon of the Arctutect's services 7.3 Tlus Agreement may be terminated by the Owner upon not less than seven days written not,ce to the Arctutect m the event that the ProJect ~s permanently abandoned If the ProJect ~s abandoned by the Owner for more than 90 consecutave days, the Arctutect or the Owner may terminate tbs Agreement by glwng written not, ce Agreement for Architectural Services - Page 12 of 17 7.4 Fmlure of the Owner to make payments to the Arctutect m accordance wth flus Agreement shall be considered substantial nonperformance and cause for termination 7.5 If the Owner fmls to make payment to Arclutect w~th~n thtrty (30) days of receipt ora statement for services properly performed, the Arctutect may, upon seven days written notice to the Owner, suspend performance of sermces under flus Agreement Unless Arcbatect roce~ves payment in full w~thtn seven (7) days of the date of the not,ce, the suspension shall take effect w~thout further not,ce In the event of a suspension of services under flus section, the Arcbatect shall have no habfl~ty to the Owner for delay or damage caused the Owner bemuse of such suspensmn of services 7 6 In the event of termmataon not the fault of the Arctutect, the Arctutect shall be compensated for services properly performed prior to termmatmn ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Th~s Agreement shall be governed by the laws of the State of Texas 8.2 Terms ~n flus Agreement shall have the same meamng as those m 1987 AIA Document A201, General Conditions of the Contract for Constructmn, current as of the date of flus Agreement 8.3 The Owner and Arcluteet, respectively, b~nd themselves, thetr partners, successors, assigns and legal representatives to the other p~arty to tins Agreement and to the partners, successors, assigns and legal representatives of such other party vath respect to all covenants of flus Agreement Neither Owner nor Arclutect shall assign flus Agreement vathout the written consent of the other 8 4 Tlus Agreement represents the enttre and integrated agreement between the Owner and Arclutect and supersedes all prior negot~attons, representations or agreements, e~ther written or oral Ttus Agreement may be amended only by written instrument s~gned by both Owner and Arctutect 8.5 Noflung contained m flus Agreement shall create a contractual relat~onslup w~th or a cause of action ~n favor ora third party against either the Owner or Aretutect 8 6 Unless otherwise pmwded m flus Agreement, the Arctutect and Arclutect's consultants shall have no responmbfi~ty for the dascovery, presence, handhng, removal or d~sposal of or exposure of persons to hazardous materials m any form at the ProJect site, including but not hm~ted to asbestos, asbestos products, polychlonnated hphenyl (PCB) or other to>ac substances, prowded, however, Axclutect shall have the respons~bd~ty to and shall report to the Owner the lomt~on of any hazardous material that an arebatect of strmlar slall and expertise should have noticed 8 7 Upon reea~pt of prior written approval of Owner, the Arctutect shall have the right to include representations of the design of the ProJect, ~ncludmg photographs of the exterior and ~ntenor, among the Architect's promotaonal and professional materials The Arclutect's materials Agreement for Architectural Services - Page 13 of 17 shall not include the Owners confidential or proprietary mformatton if the Owner has previously advised the Arclutect m writing of the specific mformat~on considered by the Owner to be confidentaal or proprietary The Owner shall proxade professional cre&t for the Arctutect on the construction sign and m the promotional materials for the ProJect ARTICLE 9 PAYMENTS TO THE ARCHITECT 9 1 DIRECT PERSONNEL EXPENSE 9 1 1 Direct Personnel Expense is defined as the chrect salaries of the Architect's personnel engaged on the ProJect and the portion of the cost of thetr mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits 9 2 REIMBURSABLE EXPENSES 9.2 1 Rennbursable Expenses are in addition to compensatmn for Basic and Addltaonal Sermces and include expenses recurred by the Arctutect and Arclutect's employees and consultants in the mterest of the ProJect, as ldentffied m the followang Clauses 9 2 1.1 Expense of transportation m connection wath the ProJect, expenses m connection w~th authorized out-of-town travel, long-distance commumcataons, and fees prod for secunng approval j of authonues haxang jurisdiction over the ProJect 9 2 1.2 Expense of reproductions (except the reproduction of the sets of documents referenced m Subparagraph 2 6 19), postage and handlmg of Drawings, Specifications and other documents, mcludmg faxes and delivery sarvlce as needed 9.2.1.3 If authorized m advance by the Owner, expense of overtnne work reqmrmg higher than regular rates 9.2.1.4 Expense ofrendenngs, models and mock-ups requested by the Owner 9 2 1.5 Expense of computer-reded design and drafting equipment t~me when used m connection wath the ProJect 9.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 9 3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be m proportion to services performed w~than each phase of service, on the basis set forth in Subparagraph 10 1 2 Agreement for Architectural Services - Page 14 of 17 9.3.2 If and to the extent that the time lmtlally established in Subparagraph I0 4 1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the addlttonal period of t~me shall be computed in the manner set forth in Subparagraph 10 2 2 9 3.3 '¢Pnen compensataon is based on a percentage of Constmcuon Cost and any portaons of the ProJect are deleted or otherwise not constructed, compensahon for those portions of the ProJect shall be payable to the extent services are performed on those portaons, m accordance wath the schedule set forth m Subparagraph 10 1 2 based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent prelanlnary estimate of Conslxuction Cost or detaJled estunate of Construction Cost for such portions of the ProJect 9.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9 4 1 Payments on account of the Arclutect's Adchtional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Arctutect's statement of services rendered or expenses recurred 9 5 PAYMENTS WITHHELD 9.5 1 No deductions shall be made from the Arcl~tect's compensation on account of penalty, liquidated damages or other sums vathheld from payments to contractors, or on account of the cost of changes in the Work other than those for wluch the Arcl~tect is responsible 9 6 ARCHITECT'S ACCOUNTING RECORDS 9 6 1 Arcbatect shall make avmlable to Owner or Owner's authorized representative records of Reunbursable Expenses and expenses pertaining to Addltaonal Services and services performed on the basis of a multiple of Direct Personnel Expense for mspectaon and copying dunng regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the ProJect is final, wbachever date is later ARTICLE 10 BASIS OF COMPENSATION The Owner shall cempensate the Amtutect as follows 10.1 BASIC COMPENSATION 10.1.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 11 as part of Basic Serwces, Basle Compensation shall be $374,594 00 also see attached Exlublt A Agreement for Architectural Services - Page 15 of 17 10.1.2 2 Progress payments for Basic Services m each phase shall total the following percentages of the total Basic Compensation payable Schematic Design Phase 15% Design and Development Phase 20% ConstmeUon Documents Phase 30% Bidding Phase 10% ConstrucUon Phase 25% Total Basic CompensaUon 100% 10 2 COMPENSATION FOR ADDITIONAL SERVICES 10 2.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as descnbed in Paragraph 3 2, compensation shall be computed as follows 10.2.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as descnbed ~n Articles 3 and I 1, other than (1) Ad&t~onal Project Representation, as described in Paragraph 32, and (2) services ~ncluded in Article 11 as part of Addltaonal Services, but excluding servmes of consultants, compensatton shall be computed as follows See attached schedule, Exbablt B 102.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including add~taonal structural, meehamcal and electrical eng~neenng services and those prowded under Subparagraph 3 4 16 or ldentffied in Amcle 11 as part of Add~taonal Servmes, a multaple of 1 0 tames the amounts billed to the Architect for such servmes j 10 3 REIMBURSABLE EXPENSES 10 3.1 FOR REIMBURSABLE EXPENSES, as described m Paragraph 9 2, and any other ~tems mcluded m Article 11 as Reimbursable Expenses, a multaple of 1 0 tanes the expenses incurred by the Amlutect, the Arctutect's employees and consultants m the ~nterest of the ProJect 10 4 ADDITIONAL PROVISIONS 10 4.1 IF THE BASIC SERVICES covered by flus agreement have not been completed wattun 30 months of the date ofexecutaon hereof, through no fault of the Arclutect, extensmn of the Arctutect's serwces beyond that tame shall be compensated as prowded in Subparagraphs 9 3 2 and 1022 10 4,2 Payments are due and payable flurry (30) days from the date of the Arctutect's mvmce Amounts for services properly performed winch remmn unpmd s~xty (60) days at~er the mvmce date shall bear interest at the rate of one (1%) percent per month ARTICLE 11 OTHER CONDITIONS OR SERVICES Agreement for Arclutectuml Services - Page 16 of 17 11.1 Arclutect shall mmntmn, at no expense to Owner, a professional hablhty (errors and om~smons) insurance pohcy placed w~th a company rated at least B+/X by Best's Key Rating Guide, authorized to do bumness in Texas, an an amount not less than one nulhon dollars ($I,000,000) Such pohcy shall name the Owner as addmonal insured and shall require the g~vlng of written noUce to Owner at least tinny days prior to cancellaUon, non-renewal or material modlficatmn of any policies, ewdeneed by return recmpt of Umted States Cemfied Mml Arclutect shall furmsh Owner w~th copies of sad pol,cles or eemficates evidencing such coverage 11.2 Arebatect agrees to mdemrafy, hold harmless, and defend the C~ty, at Arcluteet's cost, its officers, agents, and employees fi.om and against any and all clams or suits for injuries, damages, loss, or hablhty of whatever k~nd or character, anmng out of or in connection w~th the performance by the Aretutect of those serwces contemplated by tins Agreement, based upon and anmng out of neghgent acts or ommmons of Arclutect, its officers, agents, employees, consultants and subcontractors Ttus Agreement entered mto as of the day and year first written above CITY OF DENTON, TEXAS, HHARCHITECTS OWNER ARCHITECT BY EULINE BROCK, MAYOR ~//ExEcUTIVE OFFIC / ATTESTED JENNIFER WALTER CITY SECRETARY BY APPROVED AS TO FORM HERBERT L PROUTY CITY ATTORNEY Agreement for Architectural Services - Page 17 of 17 . Arch tects EXHIBIT "A" Febmary26,2001 Ms Eva Poole D~rector, Emily Fowler Library 502 Oakland Street Denton, Texas 76201 Re Architectural and Interior Design Services for New Denton North Branch Library Dear Eva We propose to provide all Bame Architectural and eng~neenng services for the conversion of the exmt~ng grocery store ( formerly a Food L~on ) recemly purchased by the C~ty, tnto a 32,000 gross square foot branch library facility, for a fixed fee of $299,994 Reimbursable expenses will be ~n addition to thru contract amount and wall be bdled at 1 0 t~mes cost Our proposal is based on 8 5°/8 of the estimated cost of construction, ~ncludtng construction cont~ngancy and escalation The services to be prowded are ~nclumve from ~mtml design studies through tlje completion of the construction Th~s contract will be w~th HHArch~tects of Dallas, and includes our appropriate eng~neenng consultants and our hbrary Demgn consultant MS&R ofM~nneapohs MS&R will also contract through HHArchltects to provide Interior Design services for a fixed fee of $33,600 The ~ntenors contract services include design of furniture layouts ( to be done in conjtmctmn with the bml&ng design ), selection of fiamiture and matermls, preparation of bidding documents, asmstance m purchasing furnishings and their receipt and ~nstallataon ~n the faclhty The Interiors contract ~s based on 7% of the estimated cost of furnishings-calculated at $15 per square foot of facd~ty Reimbursable expenses will be m ad&tmn and will be billed at 1 0 t~mes cost The total fee amount for the Contract will be $374,594 See attached Project Budget and ProJect Schedule Any ad&tlonal servmes required dunng the project will be performed only after an agreement of the scope of the servtces and a written approval from the City representative We have based th~s proposal on an assumption that the existing drawings of the bmldtng are accurate and can be relied on for beginning our demgn process We also assume that there will be no elements of the project that will require testing of the site Architecture Planning lnterwrs 5910 N Central Expresmtay · Suue 1200 · Dalla~ Texas 75206 972 404 1034 972 404 1036 Fax Based on discussions at our meeting with the City on Wednesday January 3, 2001, we are ready to begin our work w~th a kack-offmeetmg during the week of March 19~, if the Contract is approved by the City Council at the March 6th meeting We are defimtely looking forward to worl~ng w~th you and your staff on tbas project If you or any others at the City have any questions concermng this proposal please give us a call to discuss JpOrlnlnclp~eS~/~C~McCounell, ~i ~IA EXHIBIT "B" SCHEDULE OF HOURLY RATES Pnnc~pals $150 00/hour ProJect Managers $130 00/hour Project Ardmects $125 00fhour Arclutects $110 00/hour Technical Level 2 $ 65 00/hour Technical Level 1 $ 50 00/hnur Seauor Interior Designer $ 80 00/hour Interior Design Staff $ 65 00/hour Semor Constmctton Adrmmstrator $125 00/hour Constmctton Adrmmstmtor $110 00/hour Cleaacal 2 $ 50 00/hour Clea~cal 1 $ 45 00/hour Ar(httectur~ Planmng lnterwrs 5910 N Central Expressuay · State 1200 · Dallas Texas 75206 972 404 1034 972 404 1036 Fa,: e~gendaltem . L~- ~ .~ AOENDA INFOR_MATION SHEET AGENDA DATE March 6, 2001 DEPARTMENT Atrport ACM Jon Fortune, ACM, Public Safety and Transportation Operations SUBJECT Consider approval of an ordinance anthonzmg the City Manager to execute an amendment to the commercial mrport lease agreement between the City of Denton and Ezell Aviation Incorporated to allow for the authorization of commercial, retail, or industrial business upon leased premises without formal written confirmation of the City Councd, and providing for an effective date BACKGROUND Nelson Ezell, President, Ezell Aviation Ine, has indicated to mrport staff that he will be requesting the C~ty to rewew and approve a sublease agreement for the commercial use of one of Ezell Avlatlon's hangars The primary lease between the City of Denton and Ezell Aviation requires Council approval for any "retail or commercial use" of said faclhtles Mr Ezell has three large commercial use hangars, 10,000 square feet, which were specifically developed for a variety of aviation related commercial activities In an attempt to improve the Airport's level of customer service, more timely approval of sublease agreements to accommodate the general public, airport staff is requesting an amendment to the Ezell lease agreement Th~s amendment will decrease staff time and administrative review by Council now required on the approval process for basic and customary sublease agreements between an airport tenant and potential sublessees This proposed streamhmng of the sublease approval process will provide more equity among airport tenants, as many of the more recent lease agreements do not require Council approval for sublease agreements RECOMMENDATION Staff recommends approval of the attached amendment to the Ezell Aviation, Inc lease agreement as it will improve the quality of service provided to airport patrons PRIOR ACTION/REVIEW The City Attorney has reviewed and approved the amendment The Airport Advisory Board favors the proposed amendment FINANCIAL IMPACT Approval of the proposed amendment will ~mprove the A~rport bus~ness environment, thus resulting in a pomtlve ~mpact to the auport's revenue capability EXHIBITS Ordinance Amendment Respectfully submitted Mark Nelson A~rport Manager 2 ORDINANCIz NO _ AN ORDINANCE AUTHORIZING THE CITY MANGER TO EXECUTE AN AMENDMENT TO THE COMMERCIAL AJRPORT LEASE AGP..EEMENT BETWEEN THE.CITY OF D[~NTON. TEXAS AND EZELL AVIATION, INCORPORATED WHICH WAS ADOPTED PER ORDINANCE NO 97-132 TO ALLOW FOR IHb. AUIHOP,.IZAIION OF COMMERCIAL, RETAIl., OR INDUSTRIAL BUSINESS UPON LEASED PREMISES WITHOUT FORMAL WRITTEN CONFIRMATION OF THE CITY COUNCIL, AND PROVIDING AN EFFECTIVE DA'! E THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION_21 The C~tv Manager is attthonzed to execute an amendment to the commercial lease agreement between the C~t¥ of Denton, l-exa$ and Ezell Avxat~on Incorporated, xxh~ch was approved per Ordinance No 97-132 to allow for the authonzatmn of commercial, retad or industrial business upon leased pretmses w,thout fonnal written confinnat~on of the c~ty council, under the terms and corldltlOll$ contained w~thm the amendment, which ts attached hereto and made a part he~eo£ ~ECTION 2 Th~s ordmm~ce shall become effecttve unmedmtely upon ~t~ passage and approx al PASSED AND APPROVFD th~s the day of_ 2001 FULINE BROCK, MAYOR ATTEST JFNN1FER WALTERS CITY SECRETARY APPROVED AS TO LEGAl. FORM HERBERT L PROUTY, CIT'~ ATTOP,-NEY AMENDMENT TO AIRPORT LEASE AGREEMENT BETWEEN EZELL AVIATION, INCORPORATED AND THE CITY OF DENTON, TEXAS THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § WHEREAS, Ezell Amatlon, Incorporated have indicated that certain provisions of the May 6, 1997 Lease Agreement between itself and the City of Denton, Texas, Lessor, are causing difficulty in secunng a viable use of the leased premises, and WHEREAS, Lessor desires to cooperate in the Lessee's interest in its lease premises at the Denton Municipal Airport, This Lease Amendment ("Amendment") is made and executed this __ day of March, 2001, at Denton, Texas, by and between the City of Denton, Texas, a mumclpal corporation, hereinafter referred to as "Lessor," and Ezell Aviation, Incorporated referred to as "Lessee" This Amendment amends the Lease Agreement executed on May 6, 1997 (the "Agreement") between Lessor and Lessee to the extent contmned herein only, all other provisions of the Agreement not specifically modified herein remmn in full rome and effect as originally written The last paragraph of Article I D of the Agreement is hereby amended to read as follows I. PREMISES AND USE D USE O¥ COMMERCIAL LAND PREMISES (TRACT "D") Lessee, his tenants and sublessee shall not be authorized to conduct any services not specifically listed in this agreement The use of the lease premises of Lessee, his tenants or sub lessee shall be limited to only those private, commercial, retail or industrial activities having to do with or related to airports and aviation No person, business or corporation may operate a commercial, retail or industrial business upon the premises of Lessee or upon the Airport without authorization from the Lessor in written form The City shall respond to the request for authorization within sixty (60) days of written notification to Lessor's City Manager If authorization is not received within the required sixty-day time period, anthonzatlon of the activity will be considered granted This granting of anthonzatlon does not relieve the Lessee or its sublessee, successor, or assign of eomphance with terms or conditions in this agreement 4 s \wpdocs\O I\eontracts\ezellamend doc IN WITNESS WHEREOF, the part~es have executed th~s Amendment to the Agreement as of the day and year first above written CITY OF DENTON, TEXAS, LESSOR BY MICHAEL W JEZ, CITY MANAGER ATTEST IENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY EZELL AVIATION, INCORPORATED, LESSEE BY NELSON EZELL, PRESIDENT 5 s \wpdocs\01 \¢ontracts\ezellamend doc THE STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME the undersigned authority, a Notary Public in and for said State of Texas, on this day personally appeared Michael W Jez, known to me to be the person who signed and executed the foregoing instrument, and acknowledged to me that this instrument was executed for the purposes and consideration therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,2001 NOTARY PUBLIC, STATE OF TEXAS My Commission Expires THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of ,2001 by Nelson Ezell, in the capacity as noted in the foregoing instrument NOTARY PUBLIC, STATE OF TEXAS My Commission Expires 6 s \wpdocs\O 1 \contracts\ezellamend doc Agenda Item. AGENDA INFORMATION SHEET AGENDA DATE March 6, 2001 DEPARTMENT Legal Department CM/DCM/ACM Herbert Prouty, City Attorney SUBJECT' A resolution authorizing the Steenng Committee of Northwest Metro/Mld-Cltles Distribution System cities to retain legal counsel and rate case consultants, authorizing the cities to intervene in related dockets before the Texas Railroad Commission, and suspending the proposed tariff and schedule of rates of TXU Electric and Gas Company, adopting findings in the preamble, and providing an effective date BACKGROUND' On February 16, 2001 TXU Gas Distribution, a division of TXU Gas Company (TXU Gas) filed with the City its statement of intent to increase the residential, commercial and industrial rates for natural gas services within an area referred to as the Northwest Metro/Mid-Cities Distribution System which includes about 40 cutes including the City of Denton Attached as Extublt 1 is an Executive Summary of the Rate Increase Request provided by TXU This list of cities affected and the proposed changes in rates is shown in Exhibit 1 This System consists of some 40 cities including the City of Denton TXU lndlcates that the rates requested would increase its annual revenues by $10,160,000 00 or 5 1% TXU says this would constitute an average increase in a residential gas bill of $1 50 per month The increase for Denton is more dramatic TXU m asking for an increase in Denton of $1,054,474 00 or a 7 52% increase This increase appears to fall most heavily on residential customers since $691,591 00 of the increase would be on the residential side TXU Gas' statement that this is not a major change seems lnconsmtent with Section 104 101 of the Utdlt~es Code which defines major change as an increase in rates that would increase aggregate revenues more than $100,000 00 or 2½ % The last rate increase requested by TXU Gas - then Lone Star Gas - was filed in the fall of 1998 The City Council suspended the rates for 90 days ~n that case and hired Diversified Utlhty Consultants, Inc to study the rate mcrease and provide a recommendation The Council approved a rate increase in February of 1999 that was approximately half of what Lone Star had requested The City Council rejected several elements of the request including several rate adjustment clauses The Council also required Lone Star to redesign its rate increase so that the request would fall less heavily on the residential consumer A coalition of cities affected by the current request has formed A meeting to discuss the rate increase and the possible formation of a coalition of cities to investigate the request was held in Arlington on March 1, 2001 The attached resolution authorizes Denton to participate jointly with other cities in the distribution system to independently analyze the TXU filing In order to do this, the resolution also suspends the proposed effective date of the rate change for an addmonal mnety days Another option is for Denton to suspend the rates but not to join the coahtlon and lure a rate consultant similar to what ~t d~d ~n 1998 Additional information about the advantages and disadvantages of these two opUons are d~scussed in the Legal Department status report OPTIONS: 1) Allow the increase to go into effect on March 23, 2001 2) Deny the rate increase 3) Approve the increase with change 4) Suspend the effective date of the increase for 90 days and authorize the hmng of a rate consultant to study the increase w~thout jmmng the co ahtlon of C~tles 5) Suspend the effective date of the ~ncrease for 90 days and join the coaht~on of cities RECOMMENDATION: Staff recommends Option 5 to approve the resolution wluch would suspend the requested rate increase of TXU Gas for a period of 90 days from the requested effective date of March 23, 2001, join the coallt~on of cities and authorize the Steenng Committee to retmn consultants for independent analys~s of the TXU fihng This ~s a complex rate case which requires special expertise to evaluate the fmmess and reasonableness of the rates and rate design that the City's staff does not have FISCAL INFORMATION' As mdlcated above, the ~mpact of tlus ~ncrease on the C~ty of Denton would result in an annual increase in TXU Gas' revenue of $1,054,474 00 or a 7 52% annual increase There will be a cost for a rate consultant to do the study shared w~th other crees who may form a coalition to investigate this rate increase request TXU Gas, under Section 103 022 of the Utility Code, is responsible for reimbursing the reasonable cost of services of a rate consultant Respectfully submitted, Herbert L Prouty C~ty Attorney Page 2 RESOLUTION NO A RESOLUTION AUTHORIZING THE STEERING COMMITTEE OF NORTHWEST METRO/MID-CITIES DISTRIBUTION SYSTEM CITIES TO RETAIN LEGAL COUNSEL AND RATE CASE CONSULTANTS, AUTHORIZING THE CITIES TO INTERVENE 1N RELATED DOCKETS BEFORE THE TEXAS RAILROAD COMMISSION, AND SUSPENDING THE PROPOSED TARIFF AND SCHEDULE OF RATES OF TXU ELECTRIC AND GAS COMPANY, ADOPTING FINDINGS IN THE PREAMBLE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, TXU Gas D~stnbutlon, a d~wsmn of TXU Gas Company, ("TXU") on February 16, 2001, filed a Statement of Intent to Change Rates wlth ind~wdual c~t~es for an increase in rates, and WHEREAS, TXU has proposed that the change in gas rates would become effective March 23, 2001 and, according to TXU, this change ~n rates would increase TXU's annual revenue by $10,106,000 or 5 1% in the Northwest Metro/Mid C~t~es D~stnbution System ~ncludlng a $1,054,474 Increase or an increase of 7 52% to customers within the C~ty of Denton, and WHEREAS, the City of Denton, Texas, is a regulatory authority having a statutory duty to partmlpate in such proceedings and whose C~tlzens will be substantially affected by the rates estabhshed as a result of such proceedings, and WHEREAS, the City of Denton, Texas, is entitled to be reimbursed for ItS reasonable expenses, pursuant to the Texas Gas Ubhtles Regulatory Act, and WHEREAS, the Steenng Committee of Northwest Metm/M~d-C~tles Distribution System Cities has been formed to facIhtate and coordinate the partlmpation of c~tles in the service area of TXU Gas Company in these rate proceedings, and WHEREAS, after having considered information from TXU, it is the opinion of the City Council of the City of Denton, Texas, that the proposed Schedule of Rates should be suspended for a period of ninety (90) days from the effective date stated in TXU's Statement of Intent or other documentation, as lmt~ally filed or hereafter revised, for further study, ~nvest~gatlon, presentation of ewdence and public heanng, and WHEREAS, ~t ~s m the pubhc Interest to join with other cities to review such filing and present ewdence as may be appropriate before the Texas Rmlroad Commission, all as directed by the Cities' Steenng Committee, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the City Councal of the City of Denton, Texas, authonzes the Steenng Committee of Northwest Metro/Mad-Caties Distnbutaon System Citaes, of which the City of Denton, Texas, as a participating member, to retmn legal counsel and engage rate case consultants, and to intervene on behalf of the City of Denton, Texas, in related dockets and appeals SECTION 2 In order to allow the City of Denton, Texas, sufficient t~me to analyze and prepare for heanng and declsmn on any requested rates, the City Coancll of the City of Denton, Texas, hereby suspends the operation of the proposed tariffs and Schedule of Rates, which would otherwise go into effect for a period of ninety (90) days for the effective date stated in TXU's Statement of Intent, or other documentation, as unt~ally filed or hereafter revised, I e, suspension until madmght, June 21, 2001, and for such additional period of time as may be necessary and authorized by law Dunng such period of suspension, the rates in force shall be those rates an effect when the suspended schedule was first filed and shall continue in force until finally approved, modified, or demed by the Caty Council SECTION 3 The Caty of Denton, Texas, should joan with other participatang cities to review such filang and to intervene before the Texas Railroad Commission, subject to the right to terminate such participation at anytame by written notate and to act independently ~n the exercise of local regulatory authority SECTION 4 The Caty Secretary shall cause copies of this resolution to be sent to the TXU representative Steve Taylor, Area Manager TXU Electric and Gas Company 100 West Mulben'y Street Denton, TX 76201 and to Mr Jay B Doegey C~ty Attorney City of Arlington Post Office Box 231 Arlington, Texas 76004-0231 for forwardang to the Steenng Committee of Northwest Metro/M~d-Cities Distribution System Cities SECTION 5 That all of the declarations and finds contained in the preamble to thru resolutmn are made a part hereof and shall be fully effective as a part of the resolved subject matter of this resolution Page 2 of 3 SECTION 6 That this resolution shall become effective immediately 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 Page 3 of 3 ~genda Item~- AGENDA INFORMATION SHEET AGENDA DATE: March 6, 2001 DEPARTMENT' Utlht~es/Legal Howard Martin, ACM/Utilities 349-8232 ACM. SUBJECT. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY ATTORNEY TO INTERVENE ON BEHALF OF THE CITY AS A PARTY IN TNRCC DOCKET NO. 2000-1412-AIR (MARTIN MARIETTA MATERIALS OF TEXAS, INC.), AND PROVIDING AN EFFECTIVE DATE BACKGROUND' Th~s item involves pending htlgatlon issues that will be discussed dunng your Closed Meeting on March 6, 2001, immediately before the Regular Council Meeting OPTIONS: I Sign an Ordinance authorizing intervention m the proceeding 2 Take no further action at th~s time, re-affirm action of February 6, 2001 (Resolution) 3 Do not move to joan 4 Delay and further study, defer a decision RECOMMENDATION. Pending the results of ungmng research by staff, a recommendation will be made at the meeting based on staff's findings ESTIMATED SCHEDULE OF PROJECT' Unknown (estimated completion in 2002) PRIOR ACTION/REVIEW (Council Boards, Commissions) The matter has been presented at the C~ty Council's November 3, 1998, February 6, 2001, and the February 27, 2001 (Closed) meetings On the first two occasions the Council executed a Resolutmn m opposition to the A~r Quahty Permit On February 27, 2001, the Council elected to table the matter for one week, pending further study by Julie Smith and her Staff At the March 6, 2001 Counml Meeting (Closed), Juhe Smith wdl offer a further analys~s and update of the s~tuat~on, and will possibly make a recommendation to the Council FISCAL INFORMATION: Depends entirely upon the C~ty Council's desired action Respectfully submitted Howard Mart~n Assistant C~ty Manager for Utd~t~es Prepared by M~chael S Cop~l.~nd '"- Assistant C~ty AttomeyfLlt~ht~es Exhibit I Ordinance ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY ATTORNEY TO INTERVENE ON BEHALF OF THE CITY AS A PARTY IN TNRCC DOCKET NO 2000-1412-AIR (MARTIN MARIETTA MATERIALS OF TEXAS, INC), AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Council of the C~ty of Denton, Texas expressed ~ts opposition to an asphalt/concrete plant planned as real property located w~thm the C~ty's extraterritorial junsdlct~on, near the Denton C~ty hm,ts, s,tuated on Masch Branch Road and the A~r Quahty Penmt #39266, and executed Resolution No R98-064 on the 3rd day of November, 1998, and WHEREAS, on the 6t~ day of February, 2001 the Council of the City of Denton, Texas agmn expressed its opposition to the same asphalt/concrete plant and A~r Quahty Permit, w~th all seven members of the Council executing Resolution No R2001- 003, and WHEREAS, the C~ty Council believes that the ~mpact of the plant will detrimentally affect neighborhoods near the proposed location of the plant and for other reasons, and deems ~t m the pubhe interest to intervene as a party ,n TNRCC Docket No 2000-1412-AIR, and WHEREAS, the C~ty Council hereby instructs the City Attorney to ~ntervene as a party to oppose the A~r Quahty Permit m the above numbered and entitled cause, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Cfly's attorneys (including any outside legal counsel the C~ty Council may h~re) are hereby authorized to intervene as a party ~n, and otherwise participate m TNRCC Docket No 2000-1412-AIR, eoncermng Mart~n Marietta Materials of Texas, Inc to oppose the A~r Quahty Permit, and to take all other actions necessary or appropriate to resolve all ~ssues m the case SECTION 2 That th~s ordmance shall become effect,ye ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED th,s the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By Page I APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Document~\Otdmances\01\TNRCC #2000 1412-AIR doc Page 2 " AGENDA INFORMATION SHEET AGENDA DATE: March 6, 2001 DEPARTMENT' F~scal and Mumc~pal Services Kathy DuBose, F~scal and Mumc~pal Services ACM: SUBJECT Consider nominating members to the Denton County Housing F~nance Corporation BACKGROUND In the early 1980's the C~ty of Denton formed a local houstng finance corporation to prowde housing assistance for low and moderateqncome md~wduals The primary method for prowd~ng for such assistance was to ~ssue tax-exempt bonds, which then could be made avadable at a reduced interest cost to first t~me homebuyers Dunng the formation period, ~t was suggested that the C~ty of Danton consider merging w~th Denton County, whmh had also estabhshed such a housing corporation As a result ofth~s suggestion, Denton County enlarged the membership of their Housing F~nanee Corporation and amended their bylaws so that five seats on the Corporation were filled by mt~zens of Denton The five members currently representing the City of Denton are L~un~e McAdams, Bob Castleberry, Mark Chew, Kathy DuBose, and Dr Harold Perry The terms of all five members expired December 31, 2000 PRIOR ACTION/REVIEW (Council, Boards, Commissions) On December 20, 1994, the C~ty Councd nominated Mark Chew, Lloyd Harrell, Bob Castleberry, L~nme McAdams, and Harold Perry to serve on the Board of the Denton County Housing Finance Corporatmn In April 1996, Lloyd Harrell resigned and Kathy DuBose was appointed ~n h~s place FISCAL INFORMATION There ~s no fiscal ~mpact Respectfully submitted SSlStant C~ty Manager F~scal & Municipal Servmes ,~genda Item AGENDA INFORMATION SHEET ~ate ~/ AGENDA DATE: March 6, 2001 DEPARTMENT' Technology Services/Public Information Office CM/DCM/ACM Kathy DuBose, Assistant City Manager/~ · Michael W Jez, City Manager ~/ SUBJECT: Consider appointments to the Webslte Task Force BACKGROUND: At your work session of February 27, 2001, City Council directed the formation of a Webslte Task Force to assist In the pnorltizat~on of website development based on the goals of 1 Transaction/Service Avmlablllty 2 Thematic Appearance 3 Ease of Use Draft Task Force Charge The task force charge is to rewew the City of Denton web site (www cltyofdenton com) focusing on access to city services as the primary charge The task force should make suggestions and prowde Ideas regarding strategies and priorities to create h~gh-value apphcatlons, thus creating a s~te that is of value to our citizens The task force wall also review the look and feel of the site, navigation of the s~te, and content accessibihty The task force wall be made up of a citizen representative appmnted by each City Council Member and representatives from Technology Services and Public Information Office The first meeting should take place wathin two weeks of the appomtment of the task force with a targeted completion date for the review to be 90 days after the first meeting ESTIMATED SCHEDULE OF PROJECT The first meeting wall be held within two weeks of the appointment of the members with a targeted completion date within 90 days of th~s meeting Respectfully submitted Prepared by Betty W~hams Darector Of Management & Pubhe Information Enclosure Web S~te Update ~genda Item~ ~V I AGENDA INFORMATION SHEET c, ate ~k(~ !~) I AGE~DA DATE. March 6, 2001 DEPARTMENT: C]~ M~ager's Office CM. Mike Jez, C]~ M~ager SUBJECT Consider nominations and appointments to the City's Boards and Commissions BACKGROUND The following is a list of current Board/Commission vacanclas/nommat~ons Evelyn Curry has resigned from the Library Board This ~s a nomlnaUon £or Council Member Young If you reqmre any fia'ther mformatlun, please let me know Respectfully submitted ty ~f~r Wavlters Secretary 215 E McKINNEY DENTON, TEXAS 76201 · (940) 349-8307 · FAX (940) 349-8596 OFFICE OF THE CITY MANAGEIff MEMORANDUM DATE: March 6, 2001 TO Mayor and Members of the C~ty Council FROM Rodney M~tchell, Management Assistant SUBJECT Nmse Exception Attached ~s a letter to accompany your back-up for agenda ~tem 7, the Noise Exception Request The letter ~s from Charles Darnels, who ~s the pastor of Denton Church of God The chumh ~s located at the corner of Bonme Brae Street and Stella Street Management Assistant Cc Mmhael W Jez, City Manager Dedtcated to Quaht~u Servtce www ca~Jofdenton corn enton Church or,od 2525 STI~LLA STREET DENTON, TEXAS 76201 (817) 382-2084 PASTOR CHARLES G. DANIELS Mnzch 5, 2001 Mr Rodney IVhtchcli C~t7 of Denton Mr Mitohell, I have met with Mi' Harry Rulan of REA Construction, and I have no problem w~th them cotltitlumg c~nstr~tlon on Sundays Mt Rutan assured mc that if tins oreated ~ problems, he would gladly meet vnth me to fred a soltmon Feel fi~ to contact mc ffyou have any quest~om or concerns Thank you for your time Smcemly, P~tor, I~n~un Chumh of (940) $91-8866 Home (940) 465-1131 Cell ~I'tVM](]I$ N3 :3aim Z © , HOIH ,0 ~ N91S ~qOd 3aiM ,~ NOIS ~la 3Al~a NqVM3alS 3aiM ,~ M3N-- 91AI9 33S ~3N lOfl~ ~0~ Od N 8V9 II LAND USE & RELATED ACTIVITIES § 211 007 first anmve~saly of tho date that the pawnshop ceased doing bo heard Before the 15th day before the date of the IIlevl°usl°tatl°n ' hearing, nellie of the tune ned place pt the heating § 211004 Comphance With Comprehensive Plan must be pubhshed m ail official newspaper or a news paper of general ctrculatmn m the mumctpabty (a) Zomng ~egulatmns must be adopted m accor- ~ w~th a comprehensive plan and must be de- (b) In addition to the ootme required by Snbsectmn -,,r,~ ~ (a), a general law mumc~pabty that does not have a zoning commmmon shall g~ve notme of a proposed (1) lessen congestmn tn the streets, ~ k change tn a zoning clasmfication to each property (2) secure safety from fire, panic, and other dan- owner who would be entitled to notice under Section gets, 211 007(c) if the mumcq)aht¥ had a zoning common,mn (3) promote health and the general welfare, That notice must bo given m the same manne~ as (4) ta ov~de adequate light and mr, reqmred for notice to property owners under Section (5) prevent the overcruwdmg of land, 211 007(c) Tbe governing body may not adopt the (6) awed undue concentratmn of population, or proposed change until after the 30th day after the date the notice required by this subse~tmn Is g~ven (7) facfl*tate the adequate pt evasion of ~- tion, water, sewer % schools, pinks, and other public (c) If the goverumg body of a home-rule mumcipab (b)~ Repealed by Acts 1997, 75th Leg, ch 459, § 2, ermng body (nay, hy a two-tlerds vote, prcscllhc the elf Sept 1, 1997 type of notme to lie g~ven of the time and place of the (d) If a proposed change to a regulation or bound- § 211005 D~atrwts ary m protested m accordance vnth thl~ subseetmn, (a) The goverumg body of a mumclpabty may &- the proposed change meat receive, m order to take wde the mummpahty into distrmts of a october, shape, effect, the affirmative vote of at least three-fourths of and a~ze the gqvermng body considers best for carry- all members of the governing body The protest must lng out this subchapter Wtthm each district, the be written and s~gned by the ownm ~ of at least 20 governing body may regulate the erection, construe- percent of either tmn, reconstruction, alteration, repair, or use of build- (1) the area of the lots or hind corel ed by the (b) Zoning regulations must be uniform for each (2) the area of tbe lots or land ~nmedlatel¥ ad class or kind of building in a distr~ct, but the regula- lmmng the area covered by the proposed change t~oas may vary from dmtrict to district The regula- and extending 200 feet from that area tlons shall be adopted w~th reasonable among other things, for the chm'acter of each dmtrmt (e) In comtmtmg the percentage of land area under Subsectaon (d), the area of streets and alleys shall be and its peculiar smtabtbty for particular uses, .with .~._ included new of consewm_g_~e value of braidings and eneouro ~t'h~ (~ost a ropr[~]~'us~" of l'an~l i~ tl~e mamcl- (1~ 'rile governing i~ody by ordinance may prowde , pp_r ........ that the affirmative vote of at least three-fourths of all ~ 211 006 Procedures Govermng Adoption of Zen- posed change to a regulation or boundary be denied lng Regulations and Dmtrict Bouad- Acts 1987, 70ti~ Leg, ~h 149, § 1, off Sept 1, 1987 (a) The guvermng body of a mumcipaht¥ vnshing to § 211 007 Zoning Commmston exercme the authority relating to zomng regulations (a) To exercise the powe~s authorized by this sltb- and ~omng ~tistrict boundaries shall establish proce- chapter, the governing body of a home rule mumc~pal- thn~ fm odoptmg end enfo~'cing Lite regulatmne and lt¥ shall, and thc governing body of a general-law untd after a public hearing on the matter at which commmslon shall recommend boundanas for the ong~- part~es in interest and citizens have an opportunity to hal zoning districts and approp~ utte zomng regulations 359 HUNT PETROLEUM CORPORATION 5000 Thanksgiving Tower Dallas, Texas 75201-7524 Donald D. Dillard (214) 922-1065 Vice President, Real Estate FAX (214)922-1060 March 5, 2001 Mayor Euhne Brock and Members of Denton City Council C~ty of Denton 215 E Mcganney Denton, Texas 76201 Re Proposed Rezoning and Denton Development Code Dear Mayor and Council As representatives of Hunt Petroleum Corporation and Its real estate subsidiary Galatyn Park Corporation, we have attended several City Council and Chamber of Commerce briefings and work sessions regarding the City's activities mined at implementing a C~ty-wlde rezomng plan As a major property owner, we have actively participated, and continue to parhctpate, in the process you have established As you are aware, we own over 1,000 acres along and abutting both sides of IH-35 on the north side of Denton We also own a 22-acre tract on US 380 east Since we purchased the land in 1989, we have worked closely with the City and Chamber officials regarding the planmng, zomng, and development of this property Following two years of intense effort, in July, 1991, the City Council approved our I-hllcrest Center PD (PD-142, adopted by Orchnance 91-101 on July 16, 1991) on 245-acres at IH-35 and Loop 288 North, ~ncorporatmg the neighborhood protection conditions negotiated through extensive meetings with the Westgate homeowners Subsequent to zoning, we installed a 12" water line along the northbound frontage road from Loop 288 south and worked with the City and TxDOT to reconstruct (and finance) the ramp and frontage road up to Loop 288, built the Denton Factory Stores complex in 1992/93, constructed the Good Eats Restaurant in 1993, and in 1995, we constructed a 3,000-foot long brick screen wall adjacent to the Westgate neighborhood - a condit~on of the PD We also granted at no cost an easement for the joint City/Upper Tnmty Regional Water District construction of a trunk water line from Loop 288 north along our entire IH-35frontage to Sanger With the above described wall in place, we have prepared concept plans and proposed braid-to-stat projects to Mayor Euhne Brock, March 5, 2001 Pg 2 hotel, theater, and mtml users Further, we responded ~n Mamh, 1999, to GSA and actively pursued a new office fac~hty for FEMA On our major undeveloped holdings north of US-77, we pamc~pated w~th the C~ty of Denton ~n ~ts "V~s~omng" efforts a few years ago (1995) to explore how we m~ght ws~on that property's future m~xed-use development Further, as a result of our planning efforts and desire to have a major access point on US-77, we recently acqmred the Porter tract, a 109-acre adjacent tract on the north s~de of US-77 As we have stated ~n our recent meetings w~th C~ty officmls and Chamber of Commerce representatives, we are supportive of your efforts to continue to make Denton a model c~ty, expandtng its commercml tax base through quahty developments w~th ~ntegrated quahty netghborhoods However w~th th~s letter we want to spemfically call your attentton to three areas of concern 1 On US-380 east, our 22-acre tract is zoned PD-14, allowing mult~-farmly and rather dense office/commercial developments Mapping for proposed zomng shows th~s property to be NR-3 Wh~le we do not object to removing the PD, we do request a NRMU classification which more closely matches the property's current zomng 2 Our I-hllcrest Center PD-142, granted ~n 1991 and covenng 245-acres, represents a well planned development at th~s Regional M~xed-Use Center, as shown on The Denton Plan's land use map The PD's conditions prowde a high level of protection for the adjacent Westgate neighborhood with opportumt~es for C~ty Council oversight, and the PD structure allows s~gmficant flexibility ~n responding to market demand Further, we consider our on-going development efforts to have vested our rights under the PD We ask that th~s PD be retmned ~n ~ts present form 3 On our properties north of US-77, which are predom~nately outside the c~ty hm~ts, we are concerned that the prior visioning efforts are not reflected m the mapping for proposed zoning We simply ask that the zoning concept proposed for these umncorporated areas reflect those prewously commumcated plans We are avmlable to work w~th you and your staff on each of these ~ssues and look forward to a long and mutually beneficml relationship with the C~ty of Denton Sincerely, Donald D Dillard Vice President G \CIVIL\63012018\Brock01 doc DRAFT Future Zoning Map Location Specific Nottos~e NOVEMBER 2000 .._Planning an~ City of Denton , . . Development ~ Plannin~q and Developmem Department ~U~ 221 N Elm {}~ Denton TX 76201 · L ~ [ ,[~i~ (940) 3~-9-8350 ~',~'- ,/~..~ www. cityofdenton, com The informat?,n p. rovided o,n this map represents the. curre, n. tda, raintheDen, ronGISsys~.em. Itis nor an on/cial map. of Denton and is nor to the accu, ra. cy srandard,s of a surveyed map. ' ~-'~ ' It may contain errors ano omissions. DRAFT Future Zoning Map Location Specific ~o,,oS~e NOVEMBER 2000 Ipi~nnir;g ~nd ll~l~ city of Denton . Oevelopmentj.'~'4~.~ Planninfl and Development Depa~ment ¢~ Denton TX 76201 ~ .~ ' (940) 3~9-8350 ~.ci~ofdenton. com ~he inform~(io~ ¢rqyid~d op th~ map represents ~ .... ~ ~ ~'' '~ rn~ cu~gr a¢[a in ~np~enron ~IS sys(~m. It is ~-, nor an omcia~ maD of ~egtoq and is not "'~ (? the accuracy sranoard¢ or a su~eyed map. It may contain errors and omissions. 3/6/01 My name is 3' B Hmsler I live at 1200 Cowling Rd, Sanger, Texas 76266 (940-g58-3678) iI have an unchwded interest along with my father (lives in Denton), brother (lives m Denton) and sister (lives in Denton) in a 54 acre piece of property which ~s located on the Southeast corner of Loop 288 and FM 2164 (N L~cust) This land is presently used for agricultural purposes First of all, we do not agree w~th the implied Zoning prowslons that are a ipart of the Comprehensive Plan However, if this going to be a part of the C~)mprehensive Plan we hke to go on record of requemng a zoning ehan$0 from the presently proposed "NR-3" & "NCR-6" to "CM-G" Th~s property is on the intersection of two of Denton's major thorough fares and should be used for retml and business purposes This intersection has controlled access to Loop 288 with North Locust passing underneath the Loop' Both of these roads carry a high density of traffic at all hours of the day and night It does not make good sense to utilize this land for residential use Md then put m unattractive sound barrier walls to make living tolerable for ~e residents ,.T/~a~ls was done for the sub-dlvislonjust East of this property That sub diwslon was built m the late fiRles and early sixties before the Loop was built Due to excessive noise from trucks a sound barrier wall had to be built It also makes more sense to utilize this land for retail! and business, beeanse the roads and aeeesslbthty for good traffic flow are a~ready m place If zomng has to be m place at this tLme, we feel hke "CM~_O" is the best and l~ghest value use for this parcel of land [We also have 120 acres north of Loop and along FM 2164 (N Locust) that l~ not m the city ILtmts, except for a strip along FM 2164 (N Locust) This land is presently being used for agriculture and hvestoek production This Xoposed Comprehensive Plan zoning provision proposes tl~s parcel to be zc ned "NR-4", "NCR4", and "NCR-6" We do not know what the best use e ['this land is at th~s tune However, we do not wish to be "cast m eone~ ~te" for 20 years?? 30 years?? Or the t~me for development to occur It is ve~ ' chfficult to "Crystal Ball" into the future We would prefer to keep this ~ ,ned for agricultural use Thank you for your time and consideration J B Hmsler DEVELOPMENT CODE INFORMATION REQUEST PLEASE PRINT ALL INFORMATION Date Jan. 27, 2001 NAME Dr G Roland Vela Company ln&vtdual Address 729 Rtdaecrest C~rcle Tel 940-387-4938 Fax 940-381-5162 City Denton State Texas Zip 75205-5411 Ema~l ervela(d~c~com Site / Project Address (Location) 2300 MacKtnnev St Project Name none Please write any ad&t~onal lnfonnaUon here You may usc the back of flus page or attach additional pages ff needed Please return all questions to Development Code 221 N Elm Denton, TX 76201 or emml Rz~c~Uofdenton corn My property at 2300 MacKmney wbach was zoned (15 acres as SF 7 and 3 1/2 acres as Commercial, office) appears on the new rezomng map as NCR-4 Th~s Is a total departure from the previous zoning and vall fall on me as a huge loss in the value oftbas property NCR-4 is equivalent to the old SF 10 and as such has several &sadvantages to my ability to market tlus property Please consider the following 1 No one w~ll want to build $250,000 houses on East MacFanney due to heavy traiic, etc 2 Tbas land w~l have bagh density housing and commercial structures on its west side Probably apartments and small houses on less than 5,000 square foot lots 3 It w~ll have "Light Industrial" on its south side v~th bmldmgs up to three stones Tlus would certmnly mclude shops, small factories, and perhaps food processing fac~lmes Please consider the following question Would you build a $250,000 home for your farmly in th~s neighborhood? Answer I am certmn you would not and neither vail anyone else I purchased tbas land as an investment for my retirement Now that I need the money I can get for tlus land for my retirement, the new plan will destroy its value Tlus year, my taxes were raised by a factor of 4 and I cannot afford to pay th~s much so I have to sell the land as soon as I can With your new rezomng, I will be forced to sell for whatever I can get Tbas is a disaster for me Please consuler rezomng to the NCR-6 level (or better NCR-12) Thas would be much more in keepmg w~th the present zomng (SF-7) wtuch allows 7 umts per lot 1 It would make a much better transition from the NCR-12 and CM-E than what is proposed now NCR-12 to NCR-4 is radical and unworkable for the reasons cited above It also tends to place an unduly harsh condmon on me 2 It would make it easier for me to market ttus property I purchased it for this purpose 3 It would be enunently more fair to me than the NCR-4 rezomng CARL WILLIAMS 2116 Burning Tree Lane Denton, Texas 76209 940/382-7445 RE Draft Chapter 35 Denton Development Code February 26, 2001 Honorable Euhne Brock Mayor-C~ty of Denton, Texas 215 East McFanney Street Denton, Texas 76201 Dear Honorable Brock Honorable Brock, ! am writing as the D~rector of Eduq~t~on and a Trustee of S~mmons Street Church of Christ, I am not anthonzed to spe~tl~ for the congregation as a Body As a member of the S~mmons Street congregation, I am deeply concerned about the negative ~mpact of the "Draft Chapter 35 Denton Development Code may have on our congregation and small congregations throughout the C~ty of Denton I am primarily concerned w~th Chapter 35 3 1 which states, "No structure or lot shall hereafter be used or occupied, and no structure or part shall be created, moved, reconstructed, extended, enlarged, or altered contrary to the prows~ons ofth~s Sub- Chapter" I beheve that a category specifically for Churches or Bmldmgs Desagned for Worsbap or an exemption fxom tbas prows~on should be extended for those structures used for worsbap Sectmns 35 12, and 35 13 could alter many small congregations ability to build new churches, expand and remodel ex~stmg churches, and add parking lots There are several reasons for my concern The only scriptural manner ~n which our congregation can raise money ~s through freewill offenng Our congregation has about one hundred members mcludmg children and college students Approximately 25% of our budget are spent on benevolence, and an addat~on 15% ~s spent on eommumty ermehraent programs Complying w~th the "Draft Chapter 35 Denton Development Code" would d~reetly ~mpact the most vulnerable e~t~zens ~n Denton Most unportantly, the draft code would have an adverse ~mpact on our m~ss~on that ~s to meet the spmtual, physical, soeml, and psychological needs of the c~t~zens of Denton The cmzens who come to us for assistance are primarily e~t~zens who reside near our building in Southeast Denton, which is one of the economic depraved sections of Denton humbly, beseech the Caty of Denton to take these considerations and concerns under advisement Carl Williams 2116 Burton§ Tree Lane Denton, Texas 76209 CC P McNeal N Durrance C Young D Powell [] -ii AmeriSouth For presentation to the Mayor and C~ty Council The City of Denton, Texas Coughtrey Estates A retirement community 2400 Block ore McKlnney, Denton TX 76201 We are making an application for Low Income Housing Tax Credits with the Texas Department of Housing and Community Affairs under the name of Coughtrey Estates Limited Partnership for the development of the above-mentioned property The property is m a Qualified Census Tract but we are also able to attract market rate tenants to th~s development. This new Senior Citizen development is a Fourplex community comprised of 120 units, of whmh 60% (72 umts) will target tenants with incomes less than 60% and 50% of area median income per year The proposed rents (net of utility allowances) for the subject property are 30 1 bedroom units $524 00 per month 30 I bedroom units $638 00 per month 6 2 bedroom umts $617 00 per month 6 2 bedroom units $754 00 per month The development will also offer market rate units to the general pubhc The number of units and proposed rents for the property's market rate (non-tax credit program) units are 40 1 bedroom units $670 00 per month 8 2 bedroom units $792 00 per month Most importantly the entire development is designed for, built for and restricted to, Senior Citizens Page 1 of 2 Some of the more sahent design features are hsted as follows All un~ts are wheelchair accessible and adaptable for persons w~th d~sabflmes ~mtmlly at no charge The entire development ~s comprised of"fourplex" buildings and all are s~ngle story The density la less than twelve umts per acre and less than three buildings per acre including the Senior Center. A clubhouse, pool and exercise room is prowded for thc use of all residents at no charge The clubhouse ~s designed for commumty gathenngs and events and ~s to be used extensively for such purposes The single story fourplex configuration ~s esthet~cally pleasing, resembhng single- family homes and the density is much lower than that of standard apartment developments at about 12 umts per acre A local non-profit orgamzat~on has been engaged to prowde social services on the premises using facilities provided m the clubhouse at no charge to the non-profit or the residents. In fact we are paying for all serv,ces. The development is on the Denton "LINK" Transit System on a bus route that stops near the main entrance. Th~s bus route prowdes access to the entire transit system and d~rect access to alt of the nearby shopping centers Some practical benefits to the mume~pality brought by th~s development are the fact that the residents will not ~mpact the school &strict, ~t will increase the tax base and generally semors are not a security risk, thus not impacting law enforcement agencies Denton desperately needs more semor housing, especmtly that of the affordable category The market rate umts also ensure a good socml and economic m~x of residents that ~s so necessary for social growth and awareness All of these rants will rent at affordable prices and be accessible to those who need ~t most We are reqmred to formally advise you of our apphcat~on but at the same t~mc I would respectfully ask for your support of this development at the Texas Department of Housing and Community Affairs Please contact Ms Daisy Street at 512 475 3340 or write to her C/O the undersigned and I will ~nclude your letter m my apphcat~on package Sincerely, Robert H Sherman Page 2 of 2 LI Br\6ges -,, _ 0 0 c Oe o t Br\6ges © 0 ° 20' WATER LINE "5' C!~( :F DENTON~ EASMENT LOOP 288