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December 04, 2001 Agenda
CITY OF DENTON CITY COUNCIL December 4, 2001 Work Session of the C~ty of Denton C~ty Council on Tuesday, December 4, 2001 at 5'00 p.m in the Council Work Session Room at C~ty Hall, 215 E McKlnney Street, Denton, Texas at whmh the following ~tems wall be considered NOTE A Work Session is used to explore matters of ~nterest to one or more City Councd Members or the C~ty Manager for the purpose of giving staff direction mto whether or not such matters should be placed on a future regular or special meeting of the Council for c~Uzen ~nput, C~ty Councd dehberat~on and formal City acUon At a Work Session, the City Councd generally receives informal and prehmmary reports and reformation from C~ty staff, officials, members of C~ty committees, and the individual or orgamzatton proposing councd action, if ~nv~ted by City Council or C~ty Manager to part~mpate ~n the sessmn Participation by individuals and members of orgamzat~ons ~nv~ted to speak ceases when the Mayor announces the session is being closed to pubhc tnput Although Work Sessions are pubhc meetings, and clttzens have a legal right to attend, they are not pubhc heartngs, so c~t~zens are not allowed to participate ~n the session unless ~nvlted to do so by the Mayor Any ctnzen may supply to the City Councd, prior to the beg~nmng of the session, a written report regarding the c t zen s opinion on the matter being explored Should the Councd d~rect the matter be placed on a regular meeting agenda, the staff w~ll generally prepare a final report defimng the proposed action, which wdl be made avmlable to all citizens prior to the regular meeting at which cmzen mput ~s sought The purpose ofthts procedure ~s to allow mttzens attending the regular meeting the opportumty to hear the v~ews of their fellow c~t~zens without hawng to attend two meetings 1 Receive a report and hold a discussion with Leadership Denton Regular Meeting of the City of Denton City Council on Tuesday, December 4, 2001 at 6 00 p m in the Counml Chambers at City Hall, 215 E McK~nney Street, Denton, Texas at which the following xtems will be considered 1 Pledge of Allegmnce A U S Flag B Texas Flag "Honor the Texas Flag -- I pledge allegmnce to thee, Texas, one and indivisible" PRESENTATIONS 2 Recexve an update from County Commissioner J~m Carter regarding county ~ssues 3 Recogmuon of staff accomphshments CITIZEN REPORTS 4 Eric Hoffiand regardxng wastewater treatment fee for new Denton resxdents and general uUhty concerns 5 Ross Melton regarding Denton Mtmmlpal Court C~ty of Denton City Cotmml Agenda December 4, 2001 Page 2 CONSENT AGENDA Each of these ~tems is recommended by the Staff and approval thereof wall be strictly on the bas~s of the Staff recommendations Approval of the Consent Agenda authorizes the C~ty Manager or his desagnee to ~mplement each ~tem ~n accordance w~th the Staff recommendations The C~ty Councd has received background information and has had an opportunity to raise questxons regarding these items prior to consideration Listed below are b~ds, purchase orders, contracts, and other ~tems to be approved for payment under the Consent Agenda (Agenda Items 6 - 17) This hstlng is prowded on the Consent Agenda to allow Councxl Members to discuss or withdraw an ~tem prior to approval of the Consent Agenda If no ;terns are pulled, Consent Agenda Items 6 - 17 below w~ll be approved with one motion If items are pulled for separate dxscuss~on, they wdl be consxdemd as the first aems following approval of the Consent Agenda 6 Consxder approval of a tax refund to Wflham & Cathenne Comer xn the amount of $902 84 The 2000 property tax was paid twice 7 Consider adoptxon of an ordinance approwng a real estate contract between the City of Denton and M~ldred M Cockrell relating to the purchase of approximately 1 16 acres of land being a tract conveyed to Judd D Cockrell and w~fe, M~ldred M Cockrell by deed recorded in Volume 343, Page 432 of the Deed Records of Denton County, Texas, located ~n the B B B & C R R Survey, Abstract No 186, for use as drmnage, authorizing the expenditure of funds therefor, and prowd~ng an effecuve date 8 Consxder adoption of an ordinance accepting compet~uve b~ds and awarding a pubhc works contract for the construction of the Northwest Serwce Area Elevated Storage Tank, prowding for the expendxture of funds therefor, and providing an effective date (B~d 2721 - Construction of the Northwest Serwce Area Elevated Storage Tank awarded to Landmark Structures I, L P, in the amount of $1,418,700) 9 Consider adoptxon of an ordinance accepting competitive bids and awarding a contract for the purchase of 69kV transnnss~on poles, providing for the expenditure of funds therefor, and providing an effective date (Bxd 2753 - Spencer/Woodrow Transm~ssmn Poles to Thomas & Betts Corporation, xn the amount of $230,902) 10 Consider adoption of an ordinance accepting competxtlve bids and awarding an annual contract for the purchase of SEL Protective Relays and Devices, providing for the expenditure of funds therefor, and providing an effective date (B~d 2759 - Annual Contract for SEL Relays awarded to Schwextzer Eng~neenng Laboratories, Inc, in the estimated amount of $502,755) 11 Consxder adoptxon of an ordinance accepting competxt~ve b~ds and awarding a contract for the purchase of material and equipment for the Woodrow Substation, providing for the expenditure of funds therefor, and provxd~ng an effective date (Bxd 2760 - Woodrow Substatxon awarded to Uuhserve High Voltage Group xn the amount of $242,764) 12 Consider adoptmn of an ordinance of the Cxty of Denton, Texas authorizing the C~ty Manager to execute a Professxonal Servmes Agreement wxth ETTL Engineers & City of Denton C~ty Council Agenda December 4, 2001 Page 3 Consultants, Inc for hydrogeologlcal consulung and analytical services pertmnmg to the City of Denton Landfill (MSW Penmt No 1590A), anthonzmg the expendature of funds therefor, and provadmg an effectave date (PSA 2771 - ETTL Engineers and Consultants, Inc m the amount not to exceed $39,676 24) 13 Consader adoptaon of an ordmance of the C~ty of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for Software Post- Implemantataon Support, between the Caty of Denton, Texas and Access Technologaes, Inc, to be prod from prewously budgeted funds m an amount not to exceed two hundred fifty-slx thousand SlX hundred and fifty dollars ($256,650), and providing an effective date (PSA 2772 - ATI, Inc m the amount not to exceed $256,650) 14 C0nsader adoptaon of an ordinance of the Cny of Denton, Texas authorizing the expenditure of funds for the quarterly payments of the Sohd Waste Surcharge, and provldang an effective date (Purchase Order 101497 to TNRCC an the amount of $143,750) 15 Consider adoption of an ordinance of the Caty of Denton authorizing the C~ty Manager to execute on behalf of the City of Denton an Airport Project Participation Agreement w~th the Texas Department of Transportation relating to the construction of improvements at the Denton Mumcapal Aarport, and declaring an effecuve date 16 Consider adoption of an ordinance authorizing the City Manager to execute a Professional Servaces Contingent Fee Agreement wnh the Strasburger & Price, L L P and Sayles, Lldja & Werbner, L L P Law Farms to prosecute lmgatlon styled The C#y of Denton, et al v TXU, et al, Cause No 009383, now pending in the 134th Judicial District Court of Dallas County, Texas, and to perform other legal services in accordance ~vlth that contingency contract, amending and replacang the current contract for professaonal legal serwees with Strasburger and Price, L L P, authorizing the expenditure of funds for expert witness fees and court costs, authorizing an assessment not to exceed $~ 25 per capata to pay such costs, designating a haason, and providing an effecuve date 17 Consader adoption of an ordinance approving an Interlocal Cooperation Agreement b,etween the Caty of Denton and Denton County for the planung of an eastern red cedar tree at the Bayless-Selby Museum, and declaring an effective date PUBLIC HEARINGS 18 Hold ajolnt public hearing of the City Council and the Planmng and Zoning Commission for the purpose of consadenng public input to the proposed Denton Development Code and the rezomng of all property w~thm the c~ty hmlts of the City of Denton pursuant to the Denton Plan 1999-2020 and the proposed Denton Development Code 19 Hold a pubhe hearing and consader adopting by resolution the Dema Neighborhood Small Area Plan The Dema Neighborhood Plan area covers approximately 936 acres m southwest Denton The Plan area is bounded by 1-35 E to the north, Fort Worth Drive to the east, Roselawn Drive to the south, and Bonnie Brae to the west The Plaunlng and Zomng Commission recommends approval (6-0) with conditions (SAOI-O003) C~ty of Denton City Cotmcll Agenda December 4, 2001 Page 4 20 Hold a public hearing to consider an ordinance amending Chapter 35, Zoning, of the Code of the City of Denton, Texas, relating to gas well development The Planning and Zomng Commission recommends approval (6-1, Kelth opposed) (SIOI-O011, Gas Well Zontng Code) 21 Hold a pubhc hearing to consider an ordinance amending Chapter 34, Subdivision and Land Development Regulations of the Code of the City of Denton, Texas, to add regulations relating to gas well development The Planning and Zoning Commission recommends approval (5-0-1, Kelth abstained) (SIOI-O011, Gas Well -Subdtvtston Ordtnance) 22 Hold a public hearing to consider an ordinance amending Chapter 35, Zoning, of the Code of the C~ty of Denton, Texas, Section 35, Division 2 Use Regulations, by adding Section 35-79, Oil and Gas Drllhng and Production by Right on Mumclpal Land The Planmng and Zoning Commission recommends demal (5-1, Kelth opposed) (SIOI-O011, Gas Well - Exempting the City) INDIVIDUAL CONSIDERATION/PUBLIC HEARINGS 23 Masch Branch Road Annexation a Consider adoption of an ordinance approving restrictive covenants between the City of Denton, JVC Partners, Inc and Marriott Rentals, Inc pertaining to an agreement in heu of annexation for Lot 2, Block 1 of the Marriott Gardens Adthtlon, located in the extraterritorial jurisdiction of the C~ty of Denton and being generally located along Masch Branch Road, south of Hampton Road and north of Highway 380, and providing an effective date b Consider adoption of an ordinance on second reading to involuntarily annex approximately 32 acres of land generally located along Masch Branch Road, south of Hampton Road and north of Highway 380, ~n the extraterritorial jur~sd~ction (ETJ) of the City of Denton The Planmng and Zoning Commission recommends approval (6-0) (AOl-O004) c Continue a pubhc hearing and consider adoption of an ordinance zoning approximately 32 acres of land generally located along Masch Branch Road, south of Hampton Road and north of Highway 380 to the Agriculture (A) zomng district classification The Planning and Zoning Commission recommends approval (5-1) (ZOl-O005) ITEMS FOR INDIVIDUAL CONSIDERATION 24 Consider nominations and appointments to the City's Boards and Commissions 25 New Business This ~tem provides a section for Council Members to suggest items for future agendas or tO request mformat~on from the C~ty Manager C~ty of Denton City Council Agenda Decembe~ 4, 2001 Page 5 26 Items from the City Manager A Notification of upcoming meetings and/or conferences B Clarification of items on the agenda 27 Possible Continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 28 Official Action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open MeeUngs Act CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of ., 2001 at o'clock (am)(pm) CITY SECRETARY NOTE THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE 1 AGENDA INFORMATION SHEET AGENDA DATE: December 4, 2001 DEPARTMENT: Tax ACM' Kathy DuBose, Fiscal and Mumclpal Services~'~7 SUBJECT Consider approval of a tax refund to William & Catherine Comer in the amount of $902 84 The 2000 property tax was pa~d twice BACKGROUN]) Chapter 31 11 of the Texas Property Tax Code requires the approval of the govemlng body of the taxing unit for refunds in excess of $500 00 The 2000 property tax was paid on December 29, 2000 and January 9, 2001, resulting in an overpayment of $902 84 All documentation necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $902 84 EXHIBITS Application for Refund Respectfully submitted Diana Ortlz Director of Fiscal Operations IClTY OF DENTON ~ITY OF DENTON TAX OFFICE =resent mailing address (number and street) 301 E HICKORY SUITE F .3ity, town or post office, State, ZIP code Phone (area code and number) DENTON, TX 76205 (940) 349-83'18 FAX (940) 349-72'11 To apply for a tax refund, the taxpayer must complete the following uwn~rs Name Step 1 WiLLiAM & CATHERINE COMER Present Ma~hng Address (number and street) C~ty, {own or post o~ce, state, ZiP code Phone (areatcode and number) and address ~ I Step 2 Legal descnpbon (or affach copy of the tax b~li or tax receipt) Describe SOUTHRIDGE EAST PH 1 BLOCK 35, LOT 12 the prope~y Address or lo~bon of prope~y 1300 G~TEWOOD DRIVE Account number of prope~y Tax receipt number 1030~9 OR 0005090024 N~me of Taxing Year Date Amount Amount Unit From ~ch For Which Refund Of The Of Of Tax Refund Refund Is Required is Requeste~ Tax Payment Taxes Pa~d Requested Step 3 1 City Of Denton 2000 12/29/00 $ 902 84 Give the tax 2 Ci~ ~f Denton 2000 2/9/01 $ 902 84 $ 902 84 payment 3 mformabon 4 5 Taxpayer's reason for refund ( attach supposing documentation) * 2000 TAX WAS PAID TWICE · 1 hereby apply for the refund of the above-described taxes and ce~ify that the ~nformabon I have g~ven on this Step 4 form is true and correct to the best of my knowledge and behef * ~lgnat~re Uate ot app icatlon/or ta~ retuno here Any person who makes a false ent~ upon the foregoing record shall be subject to one of the following penalties 1 Im~risonment of not more that tbs 10 years nor less than 2 years and/or a fine of not more than $5,000 or both such fine and Imprisonment, 2 Con~nement m Jarl for a term up to 1 year or a fine to exceed $2,000 or both such fine and imprisonment as set fo~h in Section 37 10, Penal Code 2 AGENDA INFORMATION SHEET AGENDA DATE: December 4, 2001 DEPARTMENT Eng~neenng CM/DCM/ACM' Dave Hill, 349-8314 SUBJECT Conmder the adoption of an ordmanee approwng a real estate contract between the C~ty of Denton and Mildred M Cockrell relating to the purchase of approximately 1 16 acres of land being a tract to Judd D Coekrell and wife, Mildred M Cockrell by Deed recorded m Volume 343, Page 432 of the Deed Records of Denton County, Texas, located m the B B B & C R R Survey, Abstract No 186, for use as drainage, authorizing the expenditure of funds therefor, and prowdmg an effective date BACKGROUND As part of the utility relocation process for the U S 77 w~demng project we have been m dmlogue and negotiations with Ms Cockrell, owner of the subject tract The h~ghway improvements north o£ what ~s known as the "Couplet" area (the connecting road between U S I-hghway 77 and North Locust Street north of the Howdy Doody eonvemanee store) reqmrc that thc C~ty relocate a 16-tach water mare along the east s~de of North Locust Street There ~s also the matter of the new Tx D O T drainage ~mprovements terminating at the west hne of the Cockrcll tract Both of these msucs focus our attention to the short-term use along the frontage of the Cockrell tract and longer-term plans for C~ty Denton drainage channel ~mprovements eastward The ex~stmg drainage swale that runs eastward through the Cockrell tract ~s not ~mprovcd or even shaped for that matter Our mmntcnance of the drainage swale has been hm~ted to cleamng ~t out once every few years, no formal drainage easement exists on the Coekrell tract A remdentml structure exists ~n close proximity to the undefined channel, no value has been asmgned to the structure as ~t appears ripe for demoht~on Presently, Ms Cockrell ~s motivated to sell the entire tract to thc C~ty and by doing so ~t serves our ~mme&ate interest concerning utility relocations and Tx D O T drmnage ~mprovemcnts and ~t also furthers our long-term drmnage system infrastructure needs OPTIONS 1 Approve the Real Estate Agreement, or 2 Demal, or 3 Table for future conmderat~on RECOMMENDATION Staff recommends approval of the Real Estate Agreement ESTIMATED PROJECT SCHEDULE Closing Date On or before Decemb~' 21, 2001, 16" water hne r¢locatmn project slated bld&ng ~n December 2001, TxDOT drainage ~mprovements are slated to begin in the area 2"a Quarter, 2002 PRIOR ACTION/REVIEW None FISCAL INFORMATION $45,476 64 plus closing costs of about orS1,000 ATTACHMENTS ~ Location Map ~ Draft Or&nance ~' Real Estate Agreement Prepared by Paul Wllhamson Real Estate & Capital Support Manager Respectfully submitted Charles Fmdler, D~rector Engmeenng Department 8TRICKLAND JR. HIGH LOCATION MAP 3 ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND MILDRED M COCKRELL RELATING TO THE PURCHASE OF APPROXIMATELY 1 16 ACRES OF LAND BEING A TRACT CONVEYED TO JUDD D COCKRELL AND WIFE, MILDRED M COCKRELL BY DEED RECORDED 1N VOLUME 343, PAGE 432 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, LOCATED IN THE B B B & C R R SURVEY, ABSTRACT NO 186, FOR USE AS DRAINAGE, AUTHORIZiNG THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAiNS SECTION 1 The City Manager is hereby authorized to execute a Real Estate Contract between the City and Mildred M Cockrell, in substantially the form of the Real Estate Contract which ts attached hereto and made a part of this ordinance for all purposes, for the purchase of approximately 1 16 acres for use as drainage SECTION 2 The City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract SECTION 3 This ordinance shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED th~s the day of ., 2001 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HE~/~Y~ATTORNEY BY ~i/'x.~- REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE as made by Maldred M Cockrell, wadow of Judd M Cockrell (hereanafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule munacapalaty, of Denton, Denton County, Texas, (hereanafter referred to as "Purchaser ") , upon the terms and condataons set forth herean PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land descrabed an the conveyance to Judd D Cockrell and w~fe, Mildred M Cockrell by deed recorded an Volume 343, Page 432 of the Deed Records of Denton County, Texas wath all raghts and appurtenances pertaan~ng to the saad property, anclud~g any r~ght, title and lnterest of Seller an and to adjacent streets, alleys or r~ghts-of-way (all of such real prop- erty, r~ghts, and appurtenances belng herelnafter referred to as the "Property") , together wlth any improvements, f~xtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provasaons, and condltlons hereanafter set forth PURCHASE PRICE I Amount of Purchase Prace The total purchase prace for the Property shall be the sum of Forty-Five Thousand Four Hundred and Seventy-Sax Dollars and Saxty-Four Cents ($45,476 64) (the "Purchase Prace") 2 Payment of Purchase Prace The full amount of the Purchase Price shall be payable an cash at the closang PURCHASER i S OBLIGATIONS The obl~gataons of Purchaser hereunder to consummate the transactaons contemplated hereby are subject to the satasfact~on of each of the followang condataons any of whach may be waaved an whole or an part by Purchaser at or prior to the closang I Prelam~nar~ Tltle Report Wathan twenty (20) days after the date hereof, Seller, at Purchaser's sole cost and expense, shall have caused the T~tle Company (hereinafter defined) to · ssue a owner's policy commitment (the "Commitment.) accompanied by coples of all recorded documents relating to easements, r~ghts-of-way, etc , affecting the Property Purchaser shall give Seller wrltten notice on or before the exp~rataon of ten (10) days after Purchaser receaves the Commatment that the condation of t~tle as set forth in the Commatment as or as not satisfactory In the event Purchaser states the condltaon of tatle as not satisfactory, Seller shall, at Seller's optaon, promptly undertake to elamlnate or modafy all unacceptable matters to the reasonable satasfactaon of Purchaser In the event Seller is unable to do so wlthan ten (10) days after receapt of wrltten notlce, th~s Agreement shall thereupon be null and vold for all purposes, otherwase, thas condatlon shall be deemed to be acceptable and any ob]ect~on thereto shall be deemed to have been waived for all purposes 2 Surve~ Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser The survey shall be staked on the ground, and shall show the location of all zmprovements, haghways, streets, roads, raalroads, ravers, creeks, or other water courses, fences, easements, and rlghts-of- way on or adjacent to the Property, if any, and shall contaln the surveyor's oert~f~catlon that there are no encroachments on the Property and shall set forth the number of total acres comprls~ng the Property, together wlth a metes and bounds descrapt~on thereof Purchaser w~ll have ten (10) days after receapt of the survey to review and approve the survey In the event the survey as unacceptable, then Purchaser shall wathan the ten (10) day peraod, gave Seller wratten notace of thas fact Seller shall, at Seller,s optaon, promptly undertake to elamlnate or modafy the unacceptable portions of the survey to the reasonable satisfaction of Purchaser In the event Seller ls unable to do so wath~n ten (10) days after receapt of wrltten notlce, Purchaser, at 1ts optaon may elect to terminate th~s Agreement (an which event th~s Agreement shall be null and road), grant Seller addat~onal t~me to cure, or proceed to closang Purchaser's failure to gave Seller th~s wratten notace shall be deemed to be Purchaser's acceptance of the survey PAGE 2 3 Seller's Compliance Seller shall have performed, served, and complied w~th all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representatlons and warrantles shall be deemed made by Seller to Purchaser also as of the closing date i There are no parties an possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other part~es 2 Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller ls any such proceeding or assessment contemplated by any governmental authority 3 Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restr~ctlons relating to the Property, or any part thereof 4 To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property Such toxic or hazardous wastes or materials include, but are not limited' to, hazardous materials or wastes as same are defined by the ReSource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended CLOSING The closing shall be held at the office of Texas T~tle Company, 2215 S Loop 288, Suite 320, Denton, Texas 76205 on or before December 21, 2001, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date ~s herein referred to as the "closing date") CLOSING REQUIREMENTS I Seller's Requirements At the closing Seller shall A Del~ver to the City of Denton a duly executed and PAGE 3 acknowledged General Warranty Deed conveyang good and marketable tatle an fee sample to all of the Property, free and clear of any and all laens, encumbrances, condataons, assessments, and restractaons, except for the followang i General real estate taxes for the year of closang and subsequent years not yet due and payable, 2 Any exceptions approved by Purchaser pursuant to Purchaser's Oblagataons here- of, and 3 Any exceptaons approved by Purchaser an wratang B Delayer to Purchaser a Texas Owner's Polacy of Tatle Insurance at Purchaser's sole expense, assued by Texas Tatle Company, Denton, Texas, (the "T~tle Company"), or such tatle company as Seller and Purchaser may mutually agree upon, an Purchaser's favor an the full amount of the purchase prace, ansur~ng fee sample tatle for the Caty of Denton to the Property subject only to those t~tle exceptaons lasted an Closang Requarements hereof, such other exceptaons as may be approved an wr~tang by Purchaser, and the standard printed exceptlons contalned an the usual form of Texas Owner's Polacy of Tatle insurance, provided, however i The boundary and survey exceptaons shall be deleted ~f requared by Purchaser and ~f so requared, the costs assocaated wath same shall be borne by Purchaser, 2 The exceptaon as to restract~ve cove- nants shall be endorsed "None of Record", 3 The exceptaon for taxes shall be lamated to the year of closang and shall be endorsed "Not Yet Due and Payable", and 4 The exceptaon as to laens encumbering the Property shall be endorsed "None of ~ Record" PAGE 4 C Deliver to Purchaser possession of the Property on the day of closlng 2 Purchaser's Re~/arements Purchaser shall pay the consaderat~on as referenced in the "Purchase Price" section of this contract at Closing an Immediately available funds 3 Closing Costs Seller shall pay all taxes assessed by any tax collection authoraty through the date of Closing Ail other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser and Seller, except for Seller's attorney fees REAL ESTATE COMMISSION Seller and Purchaser represent and warrant to each other that neither has retained a broker for this transaction and that there are no broker or real estate fees due as a result of the consummataon of this contract BREACH BY SELLER In the event Seller shall faal to fully and timely perform any of ats obllgataons hereunder or shall fall to consummate the sale of the Property except Purchaser's default, Purchaser may eather enforce speclf~c performance of th~s Agreement or terminate thas Agreement by wratten notice delivered to seller BREACH BY PURCHASER In the event Purchaser should fall to consummate the purchase of the Property, the condatlons to Purchaser's obllgataons set forth an PURCHASER'S OBLIGATIONS having been satasfled and Purchaser being an default Seller may either enforce spec~fac performance of this Agreement, or terminate this Agreement by wratten notace delavered to purchaser MISCELLANEOUS I Assignment of A~reement This Agreement may be assigned by Purchaser wathout the express written consent of Seller 2 Survaval of Covenants Any of the representations, war- rantles, covenants, and agreements of the parties, as well as any r~ghts and benefats of the parties, pertaining to a peraod of PAGE 5 t~me following the closing of the transactions contemplated hereby shall survive the closlng and shall not be merged therean 3 Not~ce Any not~ce required or permitted to be delivered hereunder shail be deemed receaved when sent by Unated States mall, postage prepaid, certified mall, return receapt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the sagnature of the party 4 Texas Law to ApDly Th~s Agreement shall be construed under and an accordance wath the laws of the State of Texas, and all obligations of the part~es created hereunder are performable · n Denton County, Texas 5 Partles Bound Th~s Agreement shall be bandang upon and · nure to the beneflt of the parties and thear respective he.rs, executors, administrators, legal representatlves, successors and asslgns where permattedby this Agreement 6 Legal Construction In case any one or more of the pro- v~s~ons contained an th~s Agreement shall for any reason be held to be ~nvalad, ~llegal, or unenforceable an any respect, val~dlty, lllegalaty, or unenforceaballty shall not affect any other provision hereof, and thas Agreement shall be construed as af the invalid, allegal, or unenforceable provls~on had never been contained herean 7 Prior A~reements Superseded Th~s Agreement constitutes the sole and only agreement of the part~es and supersedes any praor understandings or wratten or oral agreements between the part~es respecting the w~th~n subject matter 8 Tame of Essence Tame as of the essence an thas Agreement 9 Gender Words of any gender used ~n thas Agreement shall be held and construed to lnclude any other gender, and words the s~ngular number shall be held to anclude the plural, and vace versa, unless the context requires otherwase 10 Memorandum of Contract Upon request of eather party, both partaes shall promptly execute a memorandum of thas Agreement sultable for fal~ng of record 11 Com~laance In accordance wath the requarements of the Texas Real ~state Lacense Act, Purchaser as hereby advased that · t should be furnlshed with or obtain a polacy of tatle lnsurance PAGE 6 or Purchaser should have the abstract covering the Property examlned by an attorney of Purchaser's own select~on 12 Time Llm~t In the event a fully executed copy of th~s Agreement has not been returned to Purchaser w~th~n ten (10) days after Purchaser executes th~s Agreement and delivers same to Sel- ler, Purchaser shall have the r~ght to terminate th~s Agreement upon written not~ce to Seller 13 Effective Date The term ~Effect~ve Date" means the latter of the dates on which th~s Contract Ks s~gned by e~ther Sellers or Purchaser, as lnd~cated by their s~gnature below If the last party to execute th~s Contract fa~ls to complete the date of execution below that party's slgnature, the date the Tltle Company acknowledges receipt of a copy of th~s fully executed contraut ~s the Effective Date IN WITNESS WHEREOF, Seller and Purchaser have executed th~s contract as follows SELLER PURCHASER BY M~ldred M Cockrell M~chael A Conduff C~ty Manager Date 215 E McK~nney Denton, Texas 76201 Date STATE OF TEXAS COUNTY OF DENTON Th~s ~nstrument ~s acknowledged before me, on th~s -- day of , 2001 by M~chael A Conduff, C~ty Manager, of the Clty of Denton, a municipal corporation, known to me to be the PAGE 7 person and offacer whose name Ks subscribed to the foregoang lnstrun~ent and acknowledged to me that the same was the act of the sald Clty of Denton, Texas, a mun~capal corporation, that he was duly authorazed to perform the same by appropriate ordinance of the C~ty Council of the C~ty of Denton and that he executed the same as the act of the sa~d C~ty for purposes and conslderataon thereln expressed, and ~n the capacity therean stated Notary Public an and for the State of Texas STATE OF TEXAS COUNTY OF DENTON Thas anstrument Ks acknowledged before me, on th~s day of , 2001 M~ldred Cockrell Notary Public an and for the State of Texas TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT The T~tle Company acknowledges receipt of the fully executed Contract on -- day of , 2001 TITLE COMPANY Name Texas T~tle Company Address 2215 S Loop 288, Sulte 320 Denton, Texas 76205 Telephone 940-382-8251 By Prante~ Name T~tle PAGE 8 AGENDA INFORMATION SHEET AGENDA DATE: December 4, 2001 Quesnons concerning this acqmsmon may be chrected DEPARTMENT: Materials Management to Jim Coulter 349-7194 ACM' Kathy DuBose, Fiscal and Mumc~pal Serwces ~ SUBJECT: An Ordinance accepting competitive b~ds and awarding a pubhc works contract for the construction of the Northwest Service Area Elevated Storage Tank, providing for the expenditure of funds therefore, and prowdmg an effecUve date (Bid 2721 - Constructmn of the Northwest Service Area Elevated Storage Tank awarded to Landmark Structures I, L P in the amount of $1,418,700) BID INFORMATION. Th~s bid is for the construction of the Northwest Serwce Area elevated Storage Tank The tank ~s a one rnilhon gallon overhead structure It will be located near the intersection of I35, Loop 288 and FM 1173 The service area for this tank includes that portion of the city's water d~stnbutmn system that is west of Bonnie Brae Road and north of H~ghway 380 on the northwest side of Denton The site for this new elevated tank was purchased in the spring of 2000 Storage tank construction and pmnting options were d~scussed with the PUB in July of 2000 and Council in August of 2000 PRIOR ACTION OR APPROVAL. C~ty Council Approved eng~neenng services contract- September 2000 PUB Recommended award of the bid to Landmark Structures I, L P on November 12, 2001 RECOMMENDATION' We recommend this bid be awarded to the lowest responsible bidder, Landmark Structures I, L P in the base bid amount of $1,295,700 plus Item 204A Alternative Concrete Upper Floor ~n the amount of $58,000 and item 205A Alternative Access Stmrcase ~n the amount of $65,000 for the total award of $1,418,700 PRINCIPAL PLACE OF BUSINESS: Landmark Structures I, L P Fort Worth, Texas Agenda Information Sheet December 4, 2001 Page 2 ESTIMATED SCHEDULE OF PROJECT Construction 1s estimated to begin ~n January 2002 and to be completed m February 2003 FIS CALl INFORMATION. Funding for th~s tank ~s avmlable from CIP funds and from other water bond revenue funded projects that are projected to be completed under the budgeted amount Respectfully submitted Tom Shaw, C PM, 349-7100 Pumhas~ng Agent Attachment 1 Tabulatmn Sheet 1675 Agenda 2 Attachment 1 DRAFT SCHEDULED 1 PUBLIC UTILITIES BOARD MEETING MINUTES 2 November 12, 2001 3 4 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 5 present, the Public Utilities Board convened into an Open Meeting on Monday, November 12, 6 2001 at 9 02 a m in thc Service Center Training Room, City of Denton Service Center, 901-A 7 Texas Street, Denton, Texas 8 9 PRESENT: Dick Norton, George Hopkins, Dick Smith, Jim Wilson, and Don White 10 11 EX OFFICIO MEMBERS 12 Howard Martin, ACM/Utilities 13 14 EXCUSED. Charldean Newell 15 Bill Cheek 16 17 CONSENT AGENDA: 18 19 1) Consider approval of Bid No 2721 to Landmark Structures I, L P for the construction of 20 Northwest Service Area Elevated Storage Tank, in an amount not to exceed 21 $1,418,70000 (December 4th, City Conned Consent Agenda Item #8) 22 24 e..~. .............' ~-'~ .............~ ................ z::zz~d $251 622 25 29 33 38 43 48 DRAFT SCHEDULED 1 2 o~ ~, .... ~ .........., _~ ..... ~. ..... a._ ,u ......... ~ e~ ~.2 750 '- '~ ~ .....~ ...... ' 6 7 Bo~d member Dmk Smith moved to approve the consent agenda Bo~d member George 8 Hopkins seconded Morton approved ~imously 9 2 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE NORTHWEST SERVICE AREA ELEVATED STORAGE TANK, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2721 - CONSTRUCTION OF NORTHWEST SERVICE AREA ELEVATED STORAGE TANK AWARDED TO LANDMARK STRUCTURES I, L P IN THE AMOUNT OF $1,418,700) WHEREAS, the City has solicited, received and tabulated competitive Nds for the constructmn ofpubhc works or ~mprovements in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the here~n described 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 Nds for the construction of public works or improvements, as described ~n the "Bid Inwtatlons", "Bid Proposals" or plans and specifications on file in the Office of the C~ty's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2721 Landmark Structures I, L P $1,418,700 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, untd such person shall comply with all reqmrements 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 pubhc 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 relatlng thereto specifying the terms, con&tlons, plans~and specifications, standards, quantities and spemfied sums contmned therein SECTION IV That upon acceptance and approval of the above compeutive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expen&mre of funds in the manner and in the amount as specified tn such approved bids 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 ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CJ,,TY ATTORNEY BID 2721 - CONTRAC'WUAL ORDINANCE AGENDA INFORMATION SHEET AGENDA DATE' December 4, 2001 Questions concerning this acqms~t~on may be directed DEPARTMENT. Materials Management to Ray Wells 349-7108 ACM. Kathy DuBose, Fiscal and Municipal Servtces ~ SUBJECT. An Ordinance accepting competitive b~ds and awarding a contract for the purchase of 69kV transnusslon poles, prov~dlng for the expenditure of funds therefore, and providing an effecttve date (B~d 2753- Spencer/Woodrow Transmission Poles to Thomas & Betts Corporatmn, in the amount of $230,902) BID INFORMATION. Th~s b~d ~s for the purchase of fifteen steel poles for transmission line construction The 69kV system on the Spencer s~te must be rebuilt to connect the new Spencer Switch and the new Woodrow Substation The construction w~ll also resolve ERCOT criteria deficiencies Them are three 69kV transmission lines w~th poles on the Spencer site They are the Spencer to K~ngs Row hne, and the Spencer-to-Spencer Intemhange line The K~ngs Row line will be rebmlt from the Spencer Sw~tch through the new Woodrow Substation and on around the site to where the transm~ssmn line tums north near the northeast comer of the Water Treatment Plant This part of the constructton w~ll mqmm 13 Poles In addition to the 13, one pole w~ll be reqmmd to reroute the Locust St hne to a bay in the new Spencer Sw~tch, and one 110' pole will be mqmmd for the throe-way sw~tch approved for purchase as a part of Bid 2743 (total of 15 poles) Th~s sw~tch will be located across Spencer Road, south of the new Spencer Switch, in the line from the Spencer Interchange RECOMMENDATION: We recommend this b~d be awarded to the lowest responsible bidder, Thomas & Betts Corporation ~n the amount of $230, 902 PRINCIPAL PLACE OF BUSINESS: Thomas & Betts Corporatmn Memphis, Tennessee ESTIMATED SCHEDULE OF PROJECT: Poles can be dehvered w~thln 16-18 weeks after receipt of an order and design approval Agenda Information Sheet December 4, 2001 Page 2 FISCAL I[NFORMATION: Funding for this transmission line upgrade is available from the Electric Ut~hty revenue bonds Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment I Tabulation Sheet 1674 Agenda 2 Attachment I, [I 0 ~ ~ 3 DRAFT SCHEDULED FOR APPROVAL 12/10/01 1 PUBLIC UTILITIES BOARD MEETING MINUTES 2 November 12, 2001 3 4 Aller determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 5 present, the Pubhc Uttht~es Board convened into an Open Meeting on Monday, November 12, 6 2001 at 9 02 a m in the Service Center Training Room, City of Denton Service Center, 901-A 7 Texas Street, Denton, Texas 8 9 PRESENT: Dick Norton, George Hopkins, Dick Smith, Jim Wilson, and Don White 10 11 EX OFFICIO MEMBERS 12 Howard Martin, ACM/Utilities 13 14 EXCUSED: Charldean Newell 15 Bill Cheek 16 17 CONSENT AGENDA: 18 22 25 29 32 ...... .~ e,,-, 47q 33 34 5) Consider approval of B~d No 2753 to Thomas & Betts for the purchase of steel poles for 35 reconstruction of approximately 0 5 miles of electric transmission line on the Spencer 36 Plant site in an amount not to exceed $230,902 (December 4th, City Council Consent 37 Agenda Item #9) 38 43 48 1 DRAFT SCHEDULED FOR APPROVAL 12/10/01 1 6 7 Board member Dick Smith moved to approve the consent agenda Board member George 8 Hopkins seconded Motion approved unanimously 9 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE B]I)S AND AWARDING A CONTRACT FOR THE PURCHASE OF 69KV TRANSMISSION POLES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2753 - SPENCER/WOODROW POLES AWARDED TO THOMAS & BETTS CORPORATION IN TIlE AMOUNT OF $230,902) WHEREAS, the C~ty has sohmted, recmved and tabulated compet~tlve bids for the purchase of necessary materials, eqmpment, supplies or servmes m accordance with the procedures of STATE law and City ordinances, and WHEREAS, the C~ty Manager or a designated employee has reviewed and recommended that the hereto described b~ds are the lowest responsible bids for the materials, equipment, supphes or services as shown ~n the "B~d Proposals" submitted therefore, and WHEREAS, the C~ty Council has prowded in the C~ty Budget for the appropnat~on of funds to be used for the pumhase of the materials, eqmpment, supphes or servmes approved and accepted herein, NOW, THEREFORE, THE COUN'C]~ OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the numbered ~tems m the following numbered b~ds for materials, equipment, supphes, or servmes, shown in the "B~d Proposals" on file m the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible b~ds for such items BID NUMBER VENDOR AMOUNT 2753 Thomas & Betts Corporatmn $230,902 SECTION 2 That by the acceptance and approval of the above numbered ~tems of the submitted blds, the C~ty accepts the offer of the persons submitting the b~ds for such items and agrees to purchase the materials, equrpment, supphes or services ~n accordance with the terms, specfficatlons, standards, quantmes and for the spemfied sums contained in the Bid Inwtatmns, Btd Proposals, and related documents SECTION 3 That should the C~ty and persons submitting approved and accepted items and of the submitted b~ds wmh to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the b~ds, the City Manager or h~s designated representative ~s hereby authorized to execute the written contract whmh shall be attached hereto, provided that the written contract ~s m accordance w~th the terms, condmons, specifications, standards, quantmes and specified sums col~tamed m the Bid ProposaI and related documents herein approved and accepted SECTION 4 That by the acceptance and approval of the above numbered items of the submitted b~ds, the City Council hereby authorizes the expenditure of funds therefor m the amount and in accordance w~th the approved b~ds or pursuant to a written contract made pursuant thereto as authorized hereto SECTION 5 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM I-IERBERT L PROU)TY, CIT/Y ATTORNEY AGENDA INFORMATION SHEET AGENDA DATE: November 27, 2001 Questions concerning th~s acqms~t~on may be d~rected DEPARTMENT. Materials Management to Ray Wells 349-7108 ACM Kathy DuBose, F~scal and Mumc~pal Serwces'~ SUBJECT: An Ordinance accepting competitive b~ds and awarding an annual contract for the purchase of SEL Protective Relays and Dewces, prowdmg for the expenditure of funds therefore, and prowdlng an effective date (Bid 2759 - Annual Contract for SEL Relays awarded to Schwe~tzer Englneenng Laboratories, Inc, m the estimated amount of $502,755) BID INFORMATION: This b~d ~s for the annual contract to supply various protective relays and assocmted hardware The sw~tches manufactured by Schwe~tzer Engmeenng Laboratories, Inc (SEL) are used to sense abnormal condlt~ons ~n the Electric D~stnbut~on System and ~mt~ate actions to ~solate affected system components All substations and transmtss~on hne projects reqmm ~nstallatlons of the SEL protective devices Th~s price agreement wdl remmn ~n effect for two years allowing the C~ty to purchase protective dewces as needed PRIOR ACTION OR APPROVAL: The Pubhc Ut~hty Board considered thru agreement and recommended approval on November 12, 2001 RECOMMENDATION: We recommend th~s b~d be awarded to the lowest responsible b~dder, Schwmtzer Eng~neenng Laboratories, Inc, ~n the estimated amount of $502,755 Quantities are estimated and may vary as dewces are needed PRINCIPAL PLACE OF BUSINESS: Schwe~tzer Eng~neenng Laboratories, Inc Pullman, Washington ESTIMATED SCHEDULE OF PROJECT The first installment of SEL protective dewces wdl beg~n ~n January 2002 Ind~wdual devices can be shipped w~th~n 20 days of receipt of an order Agenda Information Sheet December 4, 2001 Page 2 FISCAL INFORMATION Fundtng for SEL protective devices ~s avmlable from Electric Transmission CIP funds Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 2 Attachment 1 Exhibit I B~d # 2759 Schw¢~tzer Protecnve Relay Eqmpment November 8, 2001 Vendors Schwextzer Type of Dewc¢ Options ProJected Umt Price Extended Umt Phc, Extended Umt Phc ' Extende Quantity Pnce Pnce d Pmce 351A I0 $1,53C $15,30( LCD 10 $22~ $2,25( Sensitive earth fault sensing 0 $18£ $( DNP3 L~vel 2 Slave 0 $9(] 351S 6 w/terminals 10 $2 726 $27,26( ?ewer qaahty momtonng 0 $564 SC Standard addmonal I/O 0 $310 High Interrupting I/O 0 $686 ~.uxflhary Trip/Close pushbutton 0 $235 $0 351S-6eonneetorlz~d 5 $3 093 $15,46~ ?ewer quahty momtonng 5 $564 $2 82(] Standard addmonal UO 15 $310 $4,65(] H~gh Interrupting UO $686 $0 Auxflhary Tap/Close pushbutton $235 $0 311L 4( $5,088 $234 048 Dlfferelflal Channel Port~ Isolated EIA422 4£ $231 $9,240 Isolated G 703 co d~teetmnal $231 $0 850nm IEEE C37 94 fiber $46: $0 1300nm fiber 52 $92: $48,100 DNP3 Level 2 Slave Protocol $9~ $0 311C Base with 2U Relay 0 $3,941 $0 Base with 3U Relay 0 $4,08~ $0 LCD 0 $23~ $0 DNP 0 $94 $0 H~sh Interrupting I/C 0 $68~ $0 STD UO 0 $31 ¢ S01 352 3 $3,40C $10,20( Standard contact I/O 0 $48C $( DNP 0 $10C $( H~gh Interrupting UO 0 $88C $( I 387-5, 2RU 0 $4,85C $( 387-5, 3RU 3 $4,996 $14,98[ Standard I/O 0 $320 [/O w~th standard contact 0 $320 SC High Intarruptang L'O 0 $708 SC DNP 3 Level 2 Slave 0 $97 SC 387E, 2RU 0 $5,500 387E, 3RU 3 $5,650 $16,95¢ Standard I/O 0 $330 $0 [/O with 4 out & 16 m 0 $330 $0 [-Ilgh Interrupting I/O Oi $730 $0 3NP 3 Level 2 Slave 01 $100 $0 3 Attachment 1 Exhibit I Bid # 2759 Schweltzer Protectave Relay Eqmpment November 8, 2001 Vendors Schwe~tzer Projected Extended UmtPnc~ Extended UratPnce Extende Type of Dewce Optmns Quantity Umt Pnce Pnce Pnce d Price 421 $8,000 $32,00( Standard 5,0 $500 SC Fash Interrupting 5,0 $750 SC High UC High speed board $1,000 DNP 3 L~vel 2 Slave $100 SC 501 Dual Umversal P,~lay C $1 110 $0 2030 18 $2,579 $46,422 2mb RAM 18 $621 $11,178 5'0 expansion board 0 $621 $0 SEL2711 Modbus card 0 $1,051 $0 ~701 Ethernet Card For Card-2030/421 Two 10/I00 Base T 0 $1 28¢ $0 Two I0 Base FL 0 $1 701 $0 Two 100 Base FX 0 $1,74f $0 One 10/100 Ba~e T, One 10 Base 0 $1,49z $0 One 10/100 Base T, One 100 Bag 0 $1,517 $0 one 10 Baae FL, One 100 Base I~ 0 $1,72~ $0 2800 4 $102 $I06 2810 14 $132 $146 2815 8 $362 $370 2505 4 $493 $1 972 ~,lult~mode ST fib~r interface 0 $246 $0 ?,mgic mode ST fiber interface 4 $985 $3,940 Modem Telenetlcs Modem 10 $535 $5,35( Stareomm Telephone 0 $349 $( :AC Adaptor 01 $50 $( Total $502,755 DRAFT SCHEDULED FOR APPROVAL 12/10/01 1 PUBLIC UTILITIES BOARD MEETING MINUTES 2 November 12, 2001 3 4 After determining that a quorum of the Pubhc Utilities Board of the City of Denton, Texas was 5 present, the Pubhc UQhtles Board convened into an Open Meeting on Monday, November 12, 6 2001 at 9 02 a m ~n the Service Center Trmmng Room, City of Denton Service Center, 901-A 7 Texas Street, Denton, Texas 8 9 PRESENT: Dick Norton, George Hopkins, Dick Smith, Jim Wilson, and Don White 10 11 EX OFFICIO MEMBERS 12 Howard Martin, ACM/Utilities 13 14 EXCUSED Charldean Newell 15 Bill Cheek 16 17 CONSENT AGENDA: 18 22 25 ---~ ................ ~ ............11) 29 33 37 38 39 6) Cons]der approval of umt prices in B~d No 2759 from Schwe~er Eng~neenng 40 Laboratories, hc (t~ou~ K D Jonson) for ~ ~ual contract to finish vinous 41 Schwe~tzer protective relays ~d assocmted hardw~e, for an mount not to exceed 42 $502,755 {December 4th, C]~ Couned Consent Agenda Item ~10) 43 48 1 DRAFT SCHEDULED FOR APPROVAL 12/10/01 1 6 7 Bo~d member Dmk Sm]th moved to approve the consent agenda Bo~d member George 8 Hopkins seconded Mot]on approved un~mously 9 2 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF SEL PROTECTIVE RELAYS AND DEVICES, PROVDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2759 - ANNUAL CONTRACT FOR SEL RELAYS AWARDED TO SCHWEITZER ENGINEERING LABORATORIES, INC , IN THE ESTIMATED AMOUNT OF $502,755) WHEREAS, the C~ty has sohmted, received and tabulated competlt~ve Nds for the purchase of necessary materials, eqmpment, supphes or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the here~n described Nds are the lowest responsible bids for the materials, equipment, supphes or serwces as shown ~n the "B~d Proposals" submitted therefore, and WHEREAS, the City Council has prowded ~n the C~ty Budget for the appropriation of funds to be used for the purchase of the materials, eqmpment, supphes or serwces approved and accepted hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the numbered ~tems in the following numbered Nds for materials, equipment, supphes, or serwces, shown m the "B~d Proposals" on file m the office of the C~ty Purchasing Agent, are hereby accepted and approved as being the lowest responsible Nds for such items BID ESTIMATED NUMBER VENDOR AMOUNT 2759 Schwe~tzer Eng~neenng Laboratories, Inc Exhibit A SECTION 2 That by the acceptance and approval of the above numbered ~tems of the submitted Nds, the C~ty accepts the offer of the persons subrmtt~ng the bids for such Items and agrees to purchase the materials, eqmpment, supphes or services in accordance w~th the terms, specifications, standards, quantities and for the specified sums contmned in the Bid Inwtatlons, B~d Proposals, and related documents SECTION 3 That should the C~ty and persons submitting approved and accepted items and of the submitted Nds w~sh to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the Nds, 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 ~s in accordance with the terms, conditions, specifications, standards, quantities and specified sums co~ntamed ~n the B~d Proposal and related documents herein approved and accepted SECTION 4 That by the acceptance and approval of the above numbered items of the submitted b~ds, the City 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 authorized here~n SECTION 5 That th~s ordinance shall become effective lmmedmtely upon its passage and approval PASSED AND APPROVED this __ day of ,2001 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM FIERBERT L PROUTY, CITY ATTORNEY 2759 SUPPL~CI~- 12-2001 Exlubtt 3. Bid # 2759 Schweltzer Protective Relay Equipment November 8, 2001 Vendors Schwmtzer Type of Device Options Projected Umt Pace Extended Umt Pace Extended Umt Pace Extende Quantity Pace Price d Pace 351~ 1( $1 530 $I5 LCD lC $225 $2 250 Sensmve earth fault sensing 0 $180 $0 DNP3 Level 2 Slave 0 $9£ $0 3515 6 w/terminals 10 $2 72I $27 260 Power quahty momtonng 0 $564 $0 Standard additional I/O 0 $31 ¢ $0 High Interrupting I/O 0 $686 $0 ~.uxllhary Tap/Close pushbutton~ 0 $235 $( 3515-6connectorlzed 5 $3 093 $15 46: ?ower quahty momtonng 5 5564 $2 82( Standard additional I10 15 $310 $4 65( H~gh Interrupting IlO 0i $686 $C Auxflhary Tap/Close pushbutton $235 SC 311L 4{ $5 088 $234 046 DiffereiBal Channel Ports Isolated EIA 422 4C $23 l $9 240 Isolated G 703 co-directional $231 $0 850nm IEEE C37 94 fiber 0 $463 $0 1300nm fiber 52 $92.~ $48,100 DNP3 Level 2 Slave Protocol 0 $92 $0 311C B~e with 2U Relay 0 $3 946 $0 Base with 3U Relay 0 $4 08~c $0 LCD 0 $235 $0 DNP 0 $94 $0 H~gh Interrupting I/C 0 5686 SOI STD I/O 0 $310 352 3 $3,400 $10,20( Standard contact I/O 0 $480 $( DNP 0 $100 $£ H~gh Intenuptmg I/O 0i $880 SC 387 5, 2RU $4 850 $0 387-5, 3RU $4 996 $14 988 Standard I/O $320 I/O with standard contact $320 High Interrupting 1/O $708 $0 DNP 3 Level 2 Slave 597 $0 387E, 2RU $5,500 $0 387E, 3RU $5 650 $16 950 Standard I/0 0 $330: $0 I/O with 4 out & 16 tn 0 $3301 $0 High Interrupting l/O 0 $73{ 50 DNP 3 Level 2 Slave 0 $10( 50 Exhlbtt g. Bid # 2759 Schweltzer Protective Relay Equipment November 8, 2001 Vendors Schwe~tzer TypeofDewce Optmns Projected UmtPnce Extended UmtPnceExtende' UmtPnce Extende Quantity Pmce Price d Price 421 4 $8 00( $32 ooc Standard I/O 0 $50( $0 B~gh Interrupting I/O 0 $75( $0 H~gh I/C High speed board 0 $1 00( $0 DNP 3 Level 2 Slave 0 $10£ $0 50l Dual Universal Relay 0 $1 1 lC $0 2030 18 $2 ~7~ $46 422 .~mb RAM 18 $621 $11,178 I/O expansion board $621 $0 SEL 27I 1 Modbus card $1,051 $( Z701 Ethernet Card For Card-2030/421 Two 10/100 Base T $1,286 $¢ Two 10 Base FL SI 702 SC Two 100 Base FX $1 748 SC One 10/100 Bass T One 10 Base 0 $I 494 One 10/100 Base T, One 100 Ba$~ 0 $1,517 One 10 Ba~e FL One 100 Base Fi 0 $1 725 $0 2800 4 $1021 $I06 2810 14 $135 $146 2815 8 $36.1 $370 2505 4 $492 $1 972 Multimode ST fiber mterfac~ 0 $24~ $0 tingle mode ST fiber interface 4 $985 $3,940 Modem Telenetles Modem 10 $532 $5 350 Stnrcomm Telephone 0 $34~ $0 ~.C Adaptor 0 $5(] $0 Total $502,755 4 AGENDA INFORMATION SHEET Date AGENDA DATE: December 4, 2001 Questions concerning this acquisition may be directed DEPARTMENT' Materials Management to Ray Wells 349-7108 Kathy DuBose, Fiscal and Municipal Services(a1 ACM SUBJECT' An Ordinance accepting competitive bids and awarding a contract for the purchase of material and equipment for the Woodrow Substation, providing for the expenditure of funds therefore, and providing an effective date (Bid 2760- Woodrow Substation awarded to Ut~hserve High Voltage Group in the amount of $242,764) BID INFORMATION. This bid is for the purchase of substation steel structures, bus work, insulators, electrical connectors, switches, and miscellaneous hardware necessary for the constructmn of the Woodrow Substation The new stat]on will be located east of the Spencer Generation Plant When completed, the Woodrow Substation will replace a portion of the older Spencer distribution bus, supply up to 50 MW of power to eastern and central areas of Denton, and provide backup support for the Arco, Pockrus, Teasley, and Locust substations The Woodrow Substation will compliment the Industrial Street Substation approved by council on November 27, 2001 PRIOR ACTION APPROVAL The Pubhc Utility Board considered this acquisition on November 12, 2001 and recommends approval RECOMMENDATION We recommend this bid be awarded to the lowest responsible bidder, Utthserve High Voltage Group in the amount of $242,764 PRINCIPAL PLACE OF BUSINESS: Connth, Texas ESTIMATED SCHEDULE OF PROJECT. This substation equipment package can be dehvered within 12 weeks from receipt of an order Agenda Icformat~on Sheet December 4, 2001 Page 2 FISCAL INFORMATION: Funding for th~s eqmpment package is available from Electric Revenue Bond Funds Tom Shaw, C P M, 349-7100 Purchasing Agent Attachrneat 1 Tabulation Sheet 1672 Agenda 2 DRAFT SCHEDULED FOR APPROVAL 12/10/01 1 PUBLIC UTILITIES BOARD MEETING MINUTES 2 November 12, 2001 3 4 After determ~mng that a quorum of the Pubhc Uttht]es Board of the C~ty of Denton, Texas was 5 present, the Publ, c Utfl~tms Board convened ~nto an Open Meeting on Monday, November 12, 6 2001 at 9 02 a m ~n the Service Center Tra]mng Room, City of Denton Service Center, 901-A 7 Texas Street, Denton, Texas 8 9 PRESENT: Dmk Norton, George Hopkans, D~ck Smith, Jim Wilson, and Don White 10 11 EX OFFICIO MEMBERS 12 Howard Martin, ACM/Uttht~es 13 14 EXCUSED' Charldean Newell 15 Bill Cheek 16 17 CONSENT AGENDA. 18 22 25 26 3) Conmder con&t~onal approval of B~d No 2760 for purchase of the Woodrow Substation 27 material and eqmpment package m an amount not to exceed $276,784 (December 4th, 28 C~ty Council Consent Agenda Item #11) 29 33 38 42 __ __,. __. ,__________ .~a', C:.~. ~, ...... , ~, ..... · ,----,- ,---- 43 48 1 DRAFT SCHEDULED FOR APPROVAL 12/10/01 1 6 7 Board member Dmk Smith moved to approve the consent agenda Board member George 8 Hopkins seconded Motion approved un~lmously 9 ORDiNANCE NO AN ORDiNANCE ACCEPTiNG COMPETITIVE BIDS AND AWARDiNG A CONTRACT FOR THE PURCHASE OF MATERIAL AND EQUIPMENT FOR THE WOODROW SUBSTATION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2760 - WOODROW SUBSTATION AWARDED TO UTILISERVE HIGH VOLTAGE GROUP iN THE AMOUNT OF $ 242,764) WHEREAS, the City has solicited, received and tabulated competitive Nds for the purchase of necessary materials, equipment, supplies or services ~n accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible Nds for the materials, eqmpment, supphes or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in 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 here~n, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the numbered items in the following numbered Nds for materials, eqmpment, supplies, or services, shown m the "Bid Proposals" on file m the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such ~tems BD ESTIMATED NUMBER VENDOR AMOUNT 2760 Utfllserve High Voltage Group $242,764 SECTION 2 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 ~tems and agrees to purchase the materials, equipment, supplies or services ~n accordance w~th the terms, specfficatlons, standards, quantities and for the specified sums contained in the Bid Invltatmns, Bid Proposals, and related documents SECTION 3 That should the City and persons submitting approved and accepted Items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the Nds, the City Manager or Ns designated representative ~s hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract m in accordance w~th the terms, condltmns, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents here~n approved and accepted SECTION 4 That by the acceptm~ce and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and tn accordance w~th the approved bids or pursuant to a written contract made pursuant thereto as authorized hereto SECTION 5 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ~0 2760 S 1 2 AGENDA INFORMATION SHEET AGENDA DATE December 4, 2001 Questmns concerning thru acqmslt~on may be directed DEPARTMENT. Materials Management to J~m Coulter 349-7194 ACM Kathy DuBose, F~scal and Mummpal Serv~ces~ SUBJECT. An ordinance of the City of Denton, Texas authorizing the C~ty Manager to execute a professxonal services agreement w~th ETTL Engineers & Consultants, Inc for hydrogeolog~cal consultmg and analytical services pertanung to the C~ty of Denton Landfill (MSW Permit No 1590A), authorizing the expenditure of funds therefore, and promdlng an effective date (PSA 2771- ETTL Engineers and Consultants, Inc in the mount not to exceed $39,676 24) mD INr The Landfill was reqmred to furmsh quarterly groundwater momtonng data for background purposes to the Texas Natural Resources Conservatmn Comm~ssmn (TNRCC) for the first two years of operations The quarterly groundwater-momtonng requirement was fulfilled as of September 2000 The Landfill ~s now reqmred to perform and submxt groundwater momtonng of the twenty-three existing momtor wells on a semi-annual bas~s ETTL dnlled the momtor wells at Denton's landfill and has prowded momtonng and reporting lnformat~on to the TNRCC and the Solid Waste Department for the prewous two fiscal years They are famlhar w~th Denton's geologmal s~te conditions located m the woodbine formatmn, and possess staff capable of momtonng and accurately ~nterpretmg Denton's groundwater data w~thln th~s formation ETTL prowdes a full scope of momtonng and reporting services, therefore, no thtrd parties are revolved The firm provides accurate reports and has the confidence of the TNRCC PRIOR ACTION OR APPROVAL: The Public Utility Board considered tlus agreement and recommended approval on November 12, 2001 RECOMMENDATION Staff recommends th~s professmnal servxces agreement wxth ETTL Engineers and Consulting, Inc be approved m the amount of $39,676 24 Agenda Information Sheet December 4, 2001 Page 2 PRINCIPAL PLACE OF BUSINESS: ETTL Engineers and Consultants, Inc Tyler, Texas ESTIMATED SCHEDULE OF PRO,[ECT: The first senu-annual momtonng wall occur ~n March 2002 The final sem~-annual momtonng wtll take place ~n September 2002 FISCAL INFORMATION: Th~s agreement w~ll be funded from the Landfill operating budget account Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 ETTL Engineers and Consultants, Inc Proposal Attachment 2 ETTL Engineers and Consultants, Inc Cost EsUmate 1669 Agenda 2 Attachment 1 ETTLENGINEERS & CONSULTANTS INC. M ,, GEOTECHNICAL , MATERIALS · ENVIRONMENTAL ~ October 31, 2001 Tyler, Texas Davud Dugger Landfill Superintendent City of Denton 5166 Foster Road Denton, Tx 76208 PROPOSAL 2002 HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES CITY OF DENTON LANDFILL (MSW PERMIT NO. 1590A) DENTON (DENTON COUNTY), TEXAS Dear M~ Dugger In accordance wath your recent reqnest, ETTL Engineers & Consultants Inc (ETTL) ~s pleased to subrmt the following proposal for providing hydrogeolog~cal consulting and aualytlcal serwces at the Cay of Denton (the City) landfill for a one-year period corrrmencmg October 1. 2001 ETTL will serve as the Czty's professional sennces consultant rehat~ve to all landfill ground-water momtonng, data review, reporting, and general geological and hydrogeologacal serwces, where needed Scope of Servmes As we understand it, the work ~ eonsmt of conducUng senn-annual ground-water momtormg events and reporting m accorda, uce vath the erastmg Texas Natural Resource Conservation Comm,,s~on- (TN'RCC) approved Ground-water Samphng and Analysm Plan (GWSAP) and 30 Texas Admm~,~tratave Code (TAC) §330 233-330 241 at the above- referenced famhty The following chseusslon provldes a detatled explanation ofthe services provided · Hydrogeolog~cal Consulting - includes 1) generataon and on-going m.~uten.nce o f a data base o f emstmg gro und-water chenncal data, 2) r..uagement and d~reet supervaslon of ground-water momtormg events, 3) rewew of analyUcal data, 4) preparation of senn-.~nual ground-water momtonng reports and statast~cal evaluations, 4) evaluation and subrmttal of s~te-appropnate stausucal analys~s method(s), and 5) correspondence wath TNRCC regarding ground-water quahty ~ssues The Cay will be continually reformed of all momtormg results and HOME OFFICE TEX. AR KANA LONGVIEW 1717 East Erwtn Street 210 Beech Strsst 707 West Cotton Street Tyler Texas 7S702 6398 Texarkana, Arkansas 71854 Longview, Texas 75604-5505 Office (903) ,SSS 4421 Office (870) 772 O013 Office (903) 758 0402 Lab (903) 595 6402 Fex (870) 216-2413 Fax (903) 758 8245 Fax (903) ~95 6113 3 SOCIETY MEMBERSHIPS ASTM ACIL TCEL ASCE TSPE AIOHE NSPE AICE ACS AC[ AGC Attachment 1 Mr Da'nd Dugger, C~ty of Denton October 31, 2001 Page 2 prodded on-going recommendations and opauons regardmg necessary action, ~f needed * Analytical Serrates - includes sampling and analyms of ground-water samples collected at landfill fac~ m accordance ruth TNRCCNapproved GWSAP A total of 20 momtormg wells, wtuch comprise the fac~:y 0VISW Pemnt No 1590A) ground-water momtormg system will be gauged, purged, and sampled using dedicated, low-flow pumps and a Well W~zard® ancropurge system. In adcht~on, 2 leachate samples w]ll be collected and analyzed for necessary pre- treatments constatuents as reqmred by the waste water treatment plant All amdyses ~ be performed using EPA-approved methods at ETTL's laboratory located m Tyler, Texas, o SamtasTM for Ground Water Maintenance Agreement - promdes for annual upgrades and soi~ware support of SamtasTM, a statmt~cal analyms sofbvare package capable of performing state,cai evaluatxon of ground-water quahty data All semces promded will be coordinated and performed under the chrect supermsmn of Mr Leshe Jeske, Operataons Manager/Hydrogeolog~t Low-flow purging and sampling act~vmes will be conducted using instruments and eqmpment owned and maintained by the C~ty In the event the instruments are found mneed of repmr, we vail noUfy the C~ty promptly to insure mmm~ delays m completing the scheduled momtormg event s The Czty will be respons~le for all costs assocmted w~th repmrs and on-going maintenance Cost Emmate Based uponthe above scope of serrates and our understanding of the project, we have prepared the attached Probable Cost Est!mate w~nch shows the est,mated qn.ntlt~es of work and unit fees It m estimated that the total amount ofth,~ contract for October 31.2001 - September 30, 2002 skould not exceed $ 39,6?6 24 In the event addmonal serrates are reqmred beyond those detaded m thru contract, such ~ be performed on a tune and materials basts You will be notrfied ffunforeseen condatmns are encountered or there m a neeesmty to change the scope ofwork Add~t~ortal work will not be performed wathout first obtaining your approqal of the addmoml costs An mvmee vail be subrmtted at the compleUon of each 4 Attachment 1 Mr Da, ad Dugger, C~ty of Denton October 31, 2001 Page 3 senu-annual event It wilt be based upon the actual work performed and the umt prices shown m the attached Probable Cost Estanate If you have any questions after remewmg th~ proposal, please do not hesitate to contact us We look forward to working wuth you m tbas endeavor Very truly yours, ETTL Engineers & Consultants Inc eshe A Jeske Operations Manager/Hydrogeolog~st Attach. Probable Cost Estmmte cc Make Copeland, Ctty of Denton EXHIBIT Attachment 2 PROBABLE COST ESTIMATE (October 31, 2001) Hydrogeologacal Consulting and Analytical Services City of Denton Landfill 0VISW Permit No 1590A) Denton (Denton County), Texas Item Cost 1 Samtas for Ground Water Software Maintenance Agreement (cost +15%) 350 00 SUBTOTAL . $ 350 00 Sem~-Annual Monttormg Event 2 Statast~cal Evaluation and Reporting Est 20 wells ~ $165 00/well $ 3,300 00 3 Ground-water Chemastry Rexaew, Data Base Update, and Report Preparataon) Itydrogeolog~t Est 3 hours ~ $110.00/hour 330 00 Geolognst Est 9 hours ~ $90 00/hour 810 00 4 CADD Operator (ground-water comour map) Est 2 hours ~ $40 00faour 80 00 5 Environmental Techmemn Est 28 hours ~ $40 00/hour 1,120 00 6 Subsmtence (lodging and meals) Est 2 days ~ $85 00/day 170 00 7 Mileage Est 325 rmles ~ $0 40/rmle 130 00 8 Turlachty Meter Est 2 days ~ $50 00/day 100 00 Page 1 of 2 6 Attachment 2 PROBABLE COST ESTIMATE - CONTINUED (October 31, 2001) Hydrogeolog~eal Consulting and Analytical Servmes C~ty of Denton Landfill (MSW Permit No 1590A) Denton (Denton County), Texas Item Cost 9 VOCs, Metals, and Inorgamc Analyses - MSW Penmt No 1590A (Table 5-1 Consutuents GWSAP,) Est 27 samples (2 leachate samples, 20 wells, & 5 QA/QC samples) ~ $498 00/sample 13,446 00 - Additional Pre-treatment Constituents - Leachate (phosphorous, BOD, COD, TSS, eyamde, and off & grease) Est 2 samples ~ $88 56/sample 177 12 SEMI-ANNUAL SUBTOTAL $ 19,663 12 (2 x SEMI-ANNUAL EVENTS SUBTOTAL. . $ 39,326 24) ANNUAL TOTAL ..... $ 39,676 24 Addatmaal work ~ be performed upon authonzatmn by the City of Denton ut~l~lng the ~ following rate schedule Hydrogeolog~t - $1.10 00 per hour Geologtst- $90 00 per hour Enwronmental Techmcmn - $40 00 per hour CADD Operator - $40 00 per hour Mileage - $0 40 per rmle Outrode Semces 0.e, map reproduction, color photocopies, otc ) - cost +15% Adahtmnal Expenses 0.e, meals, lodging, otc ) - cost +15% Page 2 of 2 7 DRAFT SCHEDULED FOR APPROVAL 12/10/01 1 PUBLIC UTILITIES BOARD MEETING MINUTES 2 November 12, 2001 3 4 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 5 present, the Public Utilities Board convened into an Open Meeting on Monday, November 12, 6 2001 at 9 02 a m in the Service Center Trmmng Room, City of Denton Service Center, 901-A 7 Texas Street, Denton, Texas 8 9 PRESENT: Dick Norton, George Hopkins, Dick Smith, Jim Wilson, and Don White 10 11 EX OFFICIO MEMBERS 12 Howard Martin, ACM/Utilities 13 14 EXCUSED' Charldean Newell 15 Bill Cheek 16 17 CONSENT AGENDA. 18 22 25 29 33 38 41 ........... °-~'- .................... r------- · - ::layz -.--"- ---...--.-'~ ha:~' ':. ar:, .-." ....................... ' 43 44 7) Consider approval of a Profesmonal Services Agreement with ETTL Engmeenng and 45 Consulting, lnc to supply the Sohd Waste Department with hydrogeologlcal consulting 46 and, ground water momtonng services at the City's Landfill in an amount not to exceed 47 $39,676 24 (December 4th, City Council Consent Agenda Item #12) 48 1 DRAFT SCHEDULED FOR APPROVAL 12/10/01 1 6 7 Board member Dmk Sm]th moved to approve the consent agenda Board member George 8 Hopkins seconded Motion approved unammously 9 2 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ETTL ENGINEERS & CONSULTANTS, INC FOR HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES PERTAINING TO THE CITY OF DENTON LANDFILL (MSW PERMIT NO 1590A), AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVDING AN EFFECTIVE DATE WHEREAS, the C~ty Counml deems that it is m the public interest to engage ETTL Engineers & Consultants, Inc, a Corporatmn, of Tyler, Texas ("ETTL"), to continue to prowde professional hydrogeolog~caI consultmg and analytical services for the C~ty pertalmngto the C~tyofDentonLandfill (MSWPerm~t No 1590A), and WHEREAS, the C~ty staff has reported to the City Counml that there ~s a substantial need for the above-referenced profesmonal consultmg services, and that hm~ted C~ty staff cannot adequately perform the spemahzed services and tasks with ~ts own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professlnnal Services Procurement Act", generally prowdes that a C~ty may not select a prowder of professmnal services on the basis of competitive b~ds, but must select the prowder on the bas~s of demonstrated competence, knowledge, and quahficat~ons, and for a fmr and reasonable price, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the C~ty Manager is hereby authorized to execute a Professmnal Services Agreement w~th ETTL Engineers & Consultants Inc, a Corporatmn, of Tyler, Texas, for further professional hydrogeolog~cal consulting and analytical services pertmnmg to the C~ty of Denton Landfill, in substantially the form of the Professaonal Services Agreement attached hereto and incorporated herewith by reference SECTION 2 That the award of th~s Agreement by the C~ty ~s on the basis of the demonstrated competence, knowledge, and quahficatlons of ETTL and the demonstrated ability of ETTL to perform the services needed by the C~ty for a fmr and reasonable price SECTION3. That the expenditure of funds as provided ~n the attached Professional Services Agreement ~s hereby authorized SECTION 4 That th~s ordinance shall become effective ~mmed~ately upon its passage and approval PASSED AND APPROVED th~s the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By y S \Our Documents\Ordmances\01\ETTL Engmeers Landfill PSA 2001 2002 ord doc STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES PERTAINING TO THE CITY OF DENTON LANDFILL THIS AGREEMENT ~s made and entered ,nto as of the __ day of , 2001, by and between the C~ty of Denton, Texas, a Texas Mummpal Corporatmn, w~th its pnnc~pal offices at 215 East McKtnney Street, Denton, Texas 76201 (hermnafler "OWNER"), and ETTL Engineers & Consultants, Inc, a Corporation, w~th ~ts corporate office at 1717 East Erw~n Street, Tyler, Texas 75702, (hermnafter "CONSULTANT"), the part~es acting heretn by and through their respective duly-authorized representatives and officers WITNESSETH, that ~n conmderatmn of the covenants and agreements herren contmned, the part, es hereto do mutually AGREE as follows ARTICT,F, T EMPLOYMENT OF CONSULTANT The OWNER hereby contracts w~th CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the serwces hereto ~n cormectmn wtth the ProJect as stated ~n the Articles to follow, w~th dthgence and ~n accordance w~th the profesmonal standards customarily obtmned for such servmes ~n the State of Texas The profesmonal servmes set forth herein are m counectmn w~th the following described project (the "ProJect") Prowdlng profesmonal hydrogeologmal consultxng and analytical services pertmmng to the C~ty of Denton Landfill (MSW Permit No 1590A) for the period beglunmg on the effective date of fi'ns Agreement and ending on September 30, 2002 ETTL shall serve as the OWNER's profesmonal services consultant relative to all landfill ground-water momtonng, data rewew, reporhng 0nclu&ng, w~thout hmltatmn, two sem~-armual detect~on ground-water momtonng events), and general geologmal and hydrogeologlcal consulting services, where needed on the Project AR TTC~T .E FI' SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services m a profesmonal manner A To perform all those services as are set forth ~n the CONSULTANT's "Proposal" to the City of Denton, contmned in that certmn three (3) page letter from Les A Jeske, Operatmns Manager/Hydrogeologmt of CONSULTANT to David Dugger, Landfill Supenntendent of OWNER, dated ,2001, which letter ~s attached hereto as Exhibit "A" and ~s incorporated herew,th by reference B If there m any confhct that arises between the terms of thru Agreement and Exlnblts "A" and "B" attached to thru Agreement, then the terms and condmons of thru Agreement shall control over the terms and conthtmns of the attached Exhibits C/WINDOWS/TEMp~ETTI. gnlIm,ersI~,idlIIIpS^i0OI2002OmdO~ Page 1 oflO ARTICI ,E ADDITIONAL SERVICES Any Additional Services to be performed by CONSULTANT, ff authorized by OWNER, which are not included as Basic Services ~n the above-described Scope of Services, set forth ~n Artmle 11 above, shall be later agreed-upon by OWNER and CONSULTANT, who shall determine, m writing, the scope of such Add~tmnal Services, the amount of compensatmn for such add~tmnal services, and other essential terms pertmmng to the prows~on of such Additional Servmes by CONSULTANT A partial hstmg of possible Ad&t~onal Services and the rates therefor, are set forth on page two (2) of the "Probable Cost Estimate' which ~s attached hereto as Exhibit "B" and incorporated by reference herewith ARTI~I .R IV PERIOD OF SERVICE The part,es hereby agree that tbas Agreement shall be effective as of the date of C~ty Councd approval thereof, upon ~ts execution by OWNER and CONSULTANT, and upon the issuance of a notme to proceed to CONSULTANT by the OWNER Thru Agreement shall remain m force for the pmod wl~oh may reasonably be required for the completion of the Project, including Add~tmnal Servmes, if any, and any reqmred extensmns approved by the OWNER, or until September 30, 2002, wluehever event shall first occur Th~s Agreement may be sooner terminated m accordance with the provlsmns hereof TIME IS OF THE ESSENCE IN THE PERFORMANCE AND COMPLETION OF THIS AGREEMENT CONSULTANT shall make all reasonable efforts to complete the services set forth hereto as exped~tmusly as possible and to meet the schedule(s) reasonably estabhshed by the OWNER, acting through ~ts D~rector of Solid Waste or bas designee ARTTCI ,E V COMPENSATION A COMPENSATION TERMS 1 "Direct Non-Labor Expense" is defined as that expense [other than "per diem" expense], based upon actual cost plus fifteen (15%) percent, for any out-of-pocket expense reasonably recurred by the CONSULTANT related to ~ts performance ofth~s Agreement, for long d~stance telephone charges, telecopy charges, messenger services, pnntmg and reproductmn expenses, out-of-pocket expenses for purchased computer time, prudently recurred travel expenses related to the work on the Project, and s~mllar ~nmdental expenses tncurred m connectmn w~th the ProJect B BILLING AND PAYMENT For and ~n consideration of the profesmonal servmes to be performed by CONSULTANT hereto, OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the Basra Servmes tasks set forth m the Scope of Services as shown in Article 1I above, as follows 1 CONSULTANT shall perform its work on this ProJect on an hourly fee basis, plus reimbursement for ail reasonably incurred out-of-pocket expenses, billed monthly, or for longer periods of time CONSULTANT shall bill from time sheets, in minimum ¼ hour increments of time, at the rates and subject to the terms set forth in CONSULTANT's "Probable Cost Estimate" which is contained in Exhibit "B" heretofore referred to in Article III OWNER shall pay to CONSULTANT for its professional services performed, and for ~ts out-of pocket expenses incurred in the ProJect, a total amount not to exceed $39,676 24 2 Partial payments to the CONSULTANT will be made monthly based on the pement of actual completion of the Basic Services, rendered to and approved by the OWNER through its Director of Solid Waste or his designee However, under no mrcumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The OWNER may withhold the final ten (10%) percent of the above not-to-exceed amount until satisfactory completion of the ProJect by CONSULTANT 3 Nothing contmned m this Article shall reqmre the OWNER to pay for any work that is not submitted in compliance with the terms of tfus Agreement OWNER shall not be reqmred to make any payments to CONSULTANT at any time when CONSULTANT is in default under ttus Agreement 4 It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would reqmre additional payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed amount as stated heremabove, without first having obtmned the prior written authorization of the OWNER CONSULTANT shall not proceed to perform any services to be later provided for under Article III "Additional Services" without first obtmmng prior written authonzatlon from the OWNER C ADDITIONAL SERVICES For Additional Services authorized in writing by the OWNER in Artacle Il/ herelnabove, CONSULTANT shall be prod based on a to-be-agreed- upon Schedule of Charges Payments for Adcht~onal Services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Exhibit "B" attached hereto, and Article V B herelnabove Statements for Basic Services and any Additional Services shall be submitted to OWNER no more frequently than once monthly D PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses wltban forty-five (45) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from and after the smd forty-fifth (45th) day, and in addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been prod in full for all amounts then due and owing, and not disputed by OWNER, for services, expenses and charges Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably determines-that the CONSULTANT's work ~s not submitted in accordance with the terms of this Agreement, in accordance with Article V B of this Agreement, and OWNER has promptly notified CONSULTANT of that fact in writing C/WINDOW$'?EMP~ETT1- En gllleer ~ Lal'dlill PSA 2001 2002 °rd d~ Page 3 o f l 0 AR TTCLF~ VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exermse reasonable care and due diligence in dlscovenng and promptly reporting to the OWNER any defects or defic~enmes In the work of CONSULTANT ARTTCI ,R Vll OWNERSHIP OF DOCUMENTS All documents prepared or filmlshed by the CONSULTANT pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement The CONSULTANT is entitled to retain copies of all such documents The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this project and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense In the event the OWNER uses the Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to tins Agreement, CONSULTANT is released from any and all liability relating to their use ~n that project ARTTCT.'~ VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or clam any right ansmg fi'om employee status ARTTCT,gl IX INDEMNITY AGREEMENT The CONSULTANT shall mdenlnlfy and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees from and aganst any and all hablhty, clams, demands, damages, losses and expenses, mchidmg but not limited to court costs and reasonable attorney fees incurred by the OWNER, and mcludmg without limitation damages for bodily and personal injury, death, or property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, attorneys and employees m the execution, operation, or performance of this Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herein shall wave any of the party's defenses, both at law or equity, to any clam, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved ARTICI .gl X INSURANCE Dunng tha performance of the Services under this Agreement, CONSULTANT shall maintain the following Insurance with an Insurance company licensed to do business in the State of Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate Careers of at least an "A-" or above cxwtNmwsxtEmi~tn. B,,sin,a ua,,dllll ~s^ l~ 20o: ~ ~*c Page 4 o f 1 0 A Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate B Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage hmlts for not less than $100,000 for each accident C Worker's Compensation Insurance in accordance with statutory reqmrements, and Employer's Liability Insurance with limits of not less than $100,000 for each accident D Professional Liablhty Insurance or appropriate Errors & Omissions Insurance with hmlts of not less than $1,000,000 annual aggregate E CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages The insurance policies shall name the OWNER as an adchtlonal insured on all such policies to the extent that is legally possible, and shall contain a promslon that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute pohcles, fumlstung at least the same policy limits and coverage, to OWNER ARTTiTT,~ XT ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties will make efforts to settle any disputes arising under this Agreement by submitting the dispute to arbitration or other means of altemate dispute resolutmn such as mediation However, no arbitration or other form of alternate dispute resolution arising out of, or relating to ti'ns Agreement revolving one party's disagreement may include the other party to the disagreement without the other's approval ARTICT,12 XTT TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by provlchng thirty (30) days advance written notice to the other party B This Agreement may alternatively be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement No such termination will be effected unless the other party is g~ven (1) written notice (delivered by certified mml, remm receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the failure, and-(2) an opportunity for consultation with the terminating party prior to termination C If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services upon receipt of the written notice of C 'WIIqBOWS'TEMI~TTL Easiness La'Id fill PSA 2001 2002 °rd dc~ Page 5 o f 10 temlmatlon from OWNER, and shall render a final bill for services to the OWNER within twenty (20) days after the date of ten'mnatlon The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of termination being received by CONSULTANT, ~n accordance w~th Article V of this Agreement Should the OWNER subsequently contract with a new consultant for the continuation of services on the ProJect, CONSULTANT shall cooperate in providing information to the OWNER and to the new consultant If applicable, OWNER shall allow CONSULTANT a reasonable time to transition and to mm over the ProJect to a new consultant CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for ~ts files ARTTCT .I~ XTII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a release of the respons~blllty and liability of the CONSULTANT, its officers, employees, or agents, for the accuracy and competency of their work performed pursuant to this Agreement, nor shall such approval by the OWNER be deemed as an assumptmn of such responsibility by the OWNER for any defect in the work prepared by the CONSULTANT, its pnnclpals, officers, employees, and agents ARTTCI ,F, X'IV NOTICES All notices, commumcatlons, and reports reqmred or perrmtted under th~s Agreement shall be personally delivered to, or telecopled to, or marled to the respective parties by depositing same in the United States mall at the addresses shown below, postage prepaid, certified mall, return receipt requested, unless otherwise specified herein To CONSLTLTANT To OWNER ETTL Engineers & Consultants, Inc C~ty of Denton, Texas Les A Jeske, Mgr of Hydrogeologlcal Services Michael A Conduff, City Manager 1717 East Erwm Street 215 East McI<hrmey Street Tyler, Texas 75702 Denton, Texas 76201 Fax (903) 595-6113 Fax (940) 349-8596 All notices under thru Agreement shall be effective upon their actual receipt by the party to whom such notice ~s given, or three (3) days after malhng of the not~ce, whichever event shall first OCCur ARTICI ,R XV ENTIRE AGREEMENT This Agreement consisting of ten (10) pages and two (2) Exhibits constitutes the complete and final expression of the Agreement of the parties and is ~ntended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, C 'WINDOWS'?EMP~ETI'L En gin e~" LB"d rill PSA 20~1 ~002 "rd d~ Page 6 o f 10 promises, representations, negotiations, discussions, communications, understandings, and agreements wluch may have been made in connection with the subject matter of th~s Agreement ARTTCT ,F, SEVERABILITY If any provision of tlus Agreement ~s found or deemed by a court of competent jurisdiction to be ~nvahd or unenforceable, ~t shall be consldered severable from the remmnder of th~s Agreement, and shall not cause the remmnder to be ~nvalid or unenforceable In such event, the parties shall reform tlus Agreement, to the extent reasonably possxble, to replace such stricken provision w~th a valid and enforceable provision wbach comes as close as possible to expressing the ongmal intentions of the parties respecting any such stricken provision ARTTCT ,~ XVH COMPLIANCE WITH LAWS CONSULTANT shall comply with all federal, state, local laws, rules, regulatmns, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended ARTIC¥ .R XV1T[ DISCRIMINATION PROHIBITED In performing the services reqmred hereunder, CONSULTANT shall not discriminate against any person on the bas~s of race, color, rehg~on, sex, national ong~n or ancestry, age, or physmal hand~cap ARTICI' ,F, ¥1X' PERSONNEL A CONSULTANT represents that ~t has or wall secure at its own expense ali personnel required to perform all the services reqmred under this Agreement Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall immediately ~nform the OWNER in writing of any conflict of interest or potential conflict of interest that CONSULTANT may discover, or which may arise dunng the term ofth~s Agreement B OWNER reqmres that CONSULTANT carefully safeguard all documents, data, and Informatmn provided by OWNER to CONSULTANT incident to this engagement CONSULTANT recognizes that such documents, data, and reformation, revolve sensitive, competitive issues, In some cases, confidential ~nformation, and In some cases proprietary information, and the disclosure of such Information by CONSULTANT to any third party, w~thout the express written consent of OWNER. is expressly prohiinted by OWNER, and would likely cause economic loss and detriment to OWNER Any such unauthorized disclosure bf ~nformatlon by CONSULTANT shall constitute an act of default respecting this Agreement CONSULTANT represents to OWNER that it will safeguard OWNER's information and wall, upon OWNER'S reasonable request, provide OWNER with CONSULTANT'S policies regarding its procedures for identifying conflicts of interest, and c,w,~o,vs,T~Mp,mL ~,,,~ ~.,~,, Ps^~ ~O0~o~, Page 7 o f 10 its procedures and safeguards which are tn place which would apply to CONSULTANT'S treatment and handhng of OWNER'S documents, data, and information dunng this engagement C All services reqmred hereunder will be performed by CONSULTANT or under its direct supervision All personnel engaged in performing the work provided for in this Agreement, shall be qualified, and shall be authorized and permitted under applicable state and local laws to perform such services A R TT(2T .IR ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER CONSULTANT shall promptly notify OWNER of any change of its name as well as of any material change m its corporate structure, Its location, and/or in its operations ARTTCI ,~ X'XT MODIFICATION No waiver or mochficatlon of tbas Agreement or of any covenant, condition, hmltatmn herein contamed shall be valid unless in writing and duly executed by the party to be charged therewith No evidence of any wmver or mochficatton shall be offered or received in credence in any proceechng arising between the parties hereto out of or affecting tins Agreement, or the rights or obhgatlons of the parties hereunder, unless such waiver or modfficatzon ts tn wntmg, duly executed The parties further agree that the provisions of tins Article will not be wmved unless as herein set forth ARTTCT ,F, XXI'f MISCELLANEOUS A CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment made by OWNER under ttus Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access dunng normal workang hours to all necessary CONSULTANT facilities and shall, be provided adequate and appropriate working space in order to conduct examinations or auchts tn compliance with this Article OWNER shall g~ve CONSULTANT reasonable advance notice of all intended examinations or audits B Venue of any suit or cause of action under th~s Agreement shall lie exclusively in Denton County, Texas This Agreement shall be governed by and construed in accordance with the laws of the State of Texas C For purposes of tins Agreement, the parties agree that Les A Jeske ("Jeske") shall serve as the ProJect Manager of CONSULTANT respecting this engagement Tbas Agreement has been entered into with the understanding that Jeske shall serve as the CONSULTANT's c w,,~ow~,,~,,r~ ..~,~.,, ~,.,,,, ,~^ ~o, ~oo~ 0,~0, Page 8 o f 10 ProJect Manager and w~ll be the key person serving the OWNER on th~s ProJect Any proposed changes requested by CONSULTANT, respecting Jeske serving as the Project Mmaager on the Project, shall be subject to the approval of the OW2'qER, which approval the O~NER shall not unreasonably w~thhold Nottung here~n shall hm~t CONSULTANT fi.om using other quahfied and competent members of ~ts firm to perform the other servmes reqmred here~n, under ItS supervision or control D CONSULTANT shall commence, carry on, and complete ~ts work on the ProJect with all apphcable chspatch, and ~n a sound, economical, effictent manner, and m accordance with the prowsmns hereof In accomphsinng the ProJect, CONSULTANT shall take such steps as are appropriate to ensure that the work ~nvolved is properly coordinated with related work being camed on by the OWNER E The OW2qER shall assist and fully cooperate w~th CONSULTANT by plamng at the CONSULTANT's disposal all avatlable lnformatmn pemnent to the ProJect, ~nclud~ng prewous reports, any other data relative to the ProJect and arranging for the access to, and make all prowsmns for the CONSULTANT to enter m or upon, pubhc and private property as reqmred for the CONSULTANT to perform professional services under tIns Agreement OWNER and CONSULTANT agree that CONSULTANT ~s entitled to rely upon background mformatmn furnished to ~t by OWNER w~thout the need for further ~nqmry or ~nvestlgat~on rote such mformat~on F The captions of tins Agreement are for mformatmnal purposes only and shall not ~n any way affect the substantive terms or condat~ons of this Agreement IN Vv~ITNESS WHEREOF, the City of Denton, Texas has executed th~s Agreement m four (4) original counterparts, by and through ~ts duly-authorized C~ty Manager, and CONSULTANT has executed this Agreement by and through ~ts duly-authorized undersigned officer, on tins the day of ,2001 "CITY" CITY OF DENTON, TEXAS A Municipal Corporation By Michael A Conduff, C~ty Manager ATTEST JENNIFER WALTERS, CITY SECRETARY By C XWIN DO WSXT EM~IEITT L g~ll~u,~r, L.ndllll PSA 2001 2002 ord doe Page 9 o f 10 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By "CONSULTANT" ETTL ENGINEERING & CONSULTANTS, 1NC A Corporation By ATTEST By Secretary C/[tlIN ~O WS/T gM ~/'I'TL Englll~'f I'~"dlll{ 1*SA 2001 20~1 ~d dO~ Page 1 0 o f 1 0 AGENDA INFORMATION SHEET lt,~ _.~ AGENDA DATE: December 4, 2001 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Alex Pett~t 349- 8595 ACM. Kathy DuBose, Fiscal and Municipal Serv~ceg'~ SUBJECT: An ordinance of the City of Denton, Texas authorizing the City Manager to execute the attached Professional Services Agreement for Software Post-Implementation Support, between the City of Denton, Texas and Access Technologies, Inc, to be paid from previously budgeted funds in an amount not to exceed two hundred fifty-slx thousand and slx hundred fifty dollars ($256,650), and providing an effective date (PSA 2772- ATI, Inc m the amount not to exceed $256,650) INFORMATION. This PSA is for services related to the post implementation of the JD Edwards One World XE financial and workflow software This software is chent server based and runs the City of Denton's Financial and Human Resources data base system The post implementation agreement is for support of the address book, job cost, accounts payable, general accounting, budgeting, fixed assets, procurement, Inventory management, payroll and human resources RECOMMENDATION: Staff recommends this Professional Services Agreement with Access Technologies, Inc be approved in the amount of $ 256,650 PRINCIPAL PLACE OF BUSINESS: Access Technologies, Inc Mission V~ejo, Cahfomla ESTIMATED SCHEDULE OF PROJECT: Post implementation services will begin on December 4, 2001 and end on March 31, 2002 FISCAL INFORMATION Funding for these consulting services are available from Technology Plan budget account (84000200 1360 30100) Agenda Informatmn Sheet December 4, 2001 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Pumhas~ng Agent Attachment 1 Purchase Order 101502 to Access Technologies, Inc 1671 Agenda 2 Attachment 1 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AU- THORIZING THE MAYOR OR CITY MANAGER TO EXECUTE THE ATTACHED PRO- FESSIONAL SERVICES AGREEMENT FOR SOFTWARE POST-IMPLEMENTATION SUPPORT, BETWEEN THE CITY OF DENTON, TEXAS AND ACCESS TECHNOLOGIES, 1NC, TO BE PAID FROM PREVIOUSLY BUDGETED FUNDS IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY-SIX THOUSAND SIX HUNDRED AND FIFTY DOL- LARS ($256,650 00), AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the attached agreement calls for the professional services of a certified pub- lic accounting firm to perform software post-implementation support and services, and WHEREAS, based upon an investigation and report performed by the City Staff, it ap- pears to that the price structure for these professional services fees is fair and reasonable, that it is consistent w~th, and not higher than, the recommended practices and fees published by the ap- phcable professional association, and WHEREAS, based upon that same Staff report, it appears that, among professional ser- vices firms providing such services, the professional services firm is the best qualified, based upon their demonstrated competence and qualifications, WHEREAS, as a result of the fact that Access Technologies, Ine previously provided services m maplementmg this software, the same said company is uniquely qualified to provide post-implementation support, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby authorizes the City Manager to execute the attached professional services agreement between the City of Denton and Access Technologies, Inc, for software implementation and support, substantially in the form of the attached docu- ments, and further anthonzes the expenditure of previously budgeted funds in an amount not to exceed two hundred fifty-six thousand six hundred and fifty dollars ($256,650 00) for that pur- pose SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED tfus the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE IMPLEMENTATION Th~s Professional Services Agreement ("Agreement") ~s made and entered into as of December '1, 2001 ("Effective Date") by and between C~ty of Denton, TX ("Chent"), a Texas Munm~pal corporabon, w~th ~ts pnnc~pal place of bus~ness located at 601 E H~ckory, Suite A, Denton, TX 76205 and Access Technologies, Inc ("Consultant"), a Cahfornla corporation employing certified public accountants and computer professionals, w~th ~ts pnnc~pal place of bus~ness located at 11608 McDougall, Tust~n, Cahforma 92782 WHEREAS, Client ~s a municipal corporabon that wants to ~mplement the JDEdwards software suite described ~n Exhibit B, by ubl~z~ng h~stor~cal and future data m order to successfully achieve the cnter~a set forth m Exhibit C, ~n a fashion that maximizes effm~ency and ease-of-use to the end user, and, WHEREAS, Consultant prowdes the professional judgment and experbse of accountants and computer professionals to prowde adwce and assistance w~th respect to the post ~mplementat~on support of the JDEdwards suite of computer software and computer systems described ~n Exhibit B WHEREAS, Client desires to engage the services of Consultant and Consultant agrees to accept such engagement all on the terms and cond~tmns set forth below Terms and Conditions NOW THEREFORE, ~n consideration of the mutual promises and covenants hereinafter set forth, Chent and Consultant agree as follows 1 Engagement Chent hereby engages the services of Consultant, and Consultant agrees to prowde to Chent those professional services ("Professional Services") as described ~n paragraph 4 and more specifically as defined rn any Professional Service Agreement Addendum(s) ("Addendums") that may hereinafter entered into rn wntmg by and between the part~es and ~ncorporated here~n by reference Client acknowledges and agrees that Consultant may engage the services of subcontractors, consultants, enbt~es and other agents ("Consultant Personnel") to perform the Professional Servmes hereunder, under Consultant's supervisior~ 2 Term and Termination 2 1 Term The~m~tlal term of th~s Agreement shall be for a period of twelve (12) months, commencing on the Effective Date ("Term") The Term shall automabcally be Profess,onal Serv,ces Agreement - City of Denton, TX page 2 of 1 '1 renewed for successive twelve ('f2) month penods, unless terminated ~n accordance w~th Section 2 2 below T~me is of the essence ~n th~s Agreement Consultant shall make all reasonable efforts to complete the services set forth here~n as expeditiously as possible and to meet the schedule estabhshed and agreed upon ~n wnbng by Consultant and Client, acting through its City Manager or his designate 2 2 Term~nabon a) Th~s Agreement may be terminated at any time by either party upon a matenal breach by the other party of any of Its obllgabons under th~s Agreement, and which breach conbnues for a penod of thirty (30) days following receipt of written notice of breach If the breach ~s cured w~th~n thirty (30) days following receipt of not~ce of the breach, th~s Agreement shall continue ~n full force and effect b) Th~s Agreement may be terminated at any t~me w~thout cause by e~ther party upon thirty (30) days' wntten not~ce to the other party In the event e~ther party terminates th~s Agreement w~th or w~thout cause, Consultant shall Immediately cease all services and shall render a final bill for services to Client w~th~n thirty (30) days after the date of termmabon Client shall pay Consultant for all services rendered and sabsfactonly performed, as reasonably determined by Client, and for reimbursable expenses to termination Incurred prior to the date of termmatlon, whether or not they have been reported, pursuant to Section 3 5 below Should Chent subsequently contract w~th a new contractor for the continuation of services on the Project, Consultant shall cooperate m prowd~ng mformabon Consultant shall turn over all documents prepared or furmshed by Consultant pursuant to th~s Agreement to Chent on or before the date of termination, but may maintain copies of such documents for ~ts use The term~nabon of a Professional Service Agreement Addendum ~n no event terminates th~s Agreement 3 Consulting Fees 3 1 Rate of Compensation Dunng the Term, Chent shall pay Consultant for work performed according to the staffing and rates specified in the Addendums for the specific Professional Servmes rendered 3 2 Con~pensabon for Travel Expenses Wh~le Consultant will use ~ts best efforts to reasonably m~nlm~ze travel related expenses, Chent agrees to reimburse Consultant for the following ~tems · A~rfare, lodging, breakfast, lunch and d~nner, rental cars, and reasonable phone charges while Consultant Personnel are away from home AIrfare reimbursement shall not exceed to the cost of round-tnp coach class a~rfare from Orange County, Cahfornla to D/FW A~rport or Dallas Love Reid Meal reimbursement shall not exceed $30 per day per person, w~th receipts Hotel reimbursement shall not exceed $110 per n~ght, plus applicable taxes Rental vehicle reimbursement shall not exceed $39 00 per day, plus gasoline · Mileage, at 34 5 cents per mile, driven by Consultant Personnel ~n their own cars to and from the job s~te, or a~rport Professional Services Agreement - C~ty of Denton, TX page 3 of 1 3 3 Compensation for Remote Access Connect T~me In an effort to avoid the cost of travel, Consultant wdl endeavor to ut~hze ~ts technrcal Consultant Personnel ~n ~ts facd~bes In order to work efficiently, Consultant Personnel may have to electronically access Chent's computer system from Consultant's facd~bes The actual charges for th~s connect t~me be payable by Chent pursuant to Section 3 6 below 3 4 T~me Accounting Reports Consultant Personnel shall prepare and present detaded Actw~ty Summaries and summarized t~me accounting reports to Chent on a weekly bas~s ("Period") for all Professional Services performed during the preceding Period If Chent d~sagrees w~th any amounts or figures on the t~me accounting reports, Client shall promptly not~fy Consultant ~n writing setting forth the d~sputed amounts and figures and the reason therefor Upon receipt, Consultant has ten (10) working days to prowde a written response to Chent .!ust~fymg and/or otherwise explaining the amounts and/or figures Any d~sputed amounts and/or figures shall not reheve Chent of ~ts obhgat~on to pay Consultant for all other amounts owing under the Agreement and/or Addendum 3 5 Invommo for Services Consultant shall prepare and present invoices to Chent on a weekly bas~s for all Professional Services work performed dunng the Period Chent agrees to pay ~nvolces submitted by Consultant w~th~n thirty (30) calendar days of receipt Unpaid ~nvo~ces wdl incur a finance charge on one-and-one-half percent (1-1/2%) per month Part~al payments to Consultant will be made on the bas~s of detaded monthly statements rendered to and approved by Client through ~ts City Manager or his designate, however, under no c~rcumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered Client may w~thhold the final five percent (5%) of the contract amount until the Project has been completed at which t~me two and one-half (2 1/2%) percent of the reta~nage shall be released to Consultant The remaining two and one-half percent (2 1/2%) shall be released to Consultant upon the C~ty Manager or h~s designee accepting the Project 3 6 Work Hours Consultant Personnel shall work w~th~n whatever reasonable schedule ~s required to prowde the Professional Services and complete the work related to th~s Agreement and any Addendums However, rf Chent requires work to begin at the job s~te before 7 00 a m or to continue at the job s~te after 6 00 p m, or ~f Chent requires more than 50 hours be spent by any Consultant Personnel ~n any one-week period, Chent must present Consultant w~th written not~ce of any such requirement prior to that requirement being enforced as a condition of satisfactory performance Any required work hours shall ~nclude such hours Consultant completes from a remote s~te pursuant to Section 3 3 3 7 Nothing contained m thls Article shall require Chent to pay for any work which ~s unsabsfactory, as reasonably determined by the C~ty Manager or h~s designee, or which ~s not submitted ~n comphance w~th the terms of th~s Agreement, prowded, however, Client shall pay for all such work that ~s cured to the reasonable satisfaction of the Qty Manager or h~s designee or which ~s subsequently submitted pursuant to the terms of th~s Agreement If Consultant Is ~n material default of th~s Agreement, Chent shall not be required to make any payments to Consultant untd such time that such default ~s cured 3 8 It ~s specifically understood and agreed that Consultant shall not be authorized to undertake any work pursuant to th~s Agreement which would require add~bonal payments by Chent for any charge, expense, or reimbursement above the maximum not to exceed fee of Professional Services Agreement - C~ty of Denton, TX page 4 of 11 two hundred fifty-six thousand slx hundred and fifty dollars ($256,650 00), without first hawng obtained written authorization from Chent 3 9 Standard of Work Consultant shall perform the Professional Services w~th the degree of care, sk~ll and dd~gence currently observed by major Certified Pubhc Accounbng firms performing software ~mplementabon of JDEdwards software, and shall use ~ts best efforts to complete each of its projects in a t~mely manner Consultant w~ll exercise reasonable care and due diligence ~n d~scovenng and promptly reporting to Client any defects or deflclenc~es In the work of Consultant or any subcontractors or subconsu[tants 3 10 Approval by Client shall not constitute, nor be deemed a release of the respons~bd~ty and I~abillty of Consultant, ~ts employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work, nor shall such approval be deemed to be an assumption of such responsibility by Client for any defect in the design or other work prepared by CONTRACTOR, ~ts employees, subcontractors, agents, and consultants ,provided, however that approval by the Client shall be deemed acceptance and assumption of the Professional Services mnety (90) days after the date of complebon of such Professional Services 4 Description of Consultant's Professional Services Consultant shall prowde Professional Services at Client's request pursuant to written Addendums which Professional Services may ~nclude the following act~wtles as agreed upon by the parties m wnbng 4 1 Application support ~nclud~ng modifications to the ex~stmg setup of JD Edwards' software as well as new setup of existing JD Edwards' software, training of Client's staff, and documentation of the JD Edwards' software setup, 4 2 Technical support Including the ~nstallabon of new releases of JD Edwards' software, custom modlficabons or enhancements of ex~stmg JD Edwards' software, the development of new custom programs, and the development of techmcal spec~ficabons that describe the custom modlflcabons to and enhancements of ex,sting software as well as the development new custom programs, 4 3 Project management includ~ng the planning, orgamz~ng and d~recbng of Consultant resources as required under the Professional Services, as well as regular reporting to the Client's regional and execubve management on Issues relevant to the Professional Services provided under th~s Agreement, 4 4 Analyzing Client's business processes and needs relating to Chent's mformabon processing requirements and operating procedures, 4 5 Spec~f'ylng and ~mp[ementmg those mod~flcabons to Client's ex~stmg computer programs and systems that are necessary m order to effectively and reasonably ~mplement the Professional Services, 4 6 Designing and building new computer programs and systems that are necessary in order to effectively and reasonably implement the Professional Services, Professional Services Agreement - C~ty of Denton, TX page § of 11 4 7 Creating and/or amending documentabon relating to operating procedures and to computer programs and systems that are necessary ~n order to effectively and reasonably implement the Professional Services, 4 8 Training operating personnel to use the computer programs and system developed by Consultant pursuant to thrs Agreement, 4 9 Providing conbnurng support to operabng personnel w~th respect to the ~mplementatron and operation of computer programs and systems developed by Consultant pursuant to th~s Agreement, 4 10 Performing vanous other project management and professional consulbng services related to ~nformabon systems as such services are set forth and agreed upon ~n a wntten Addendum 5 Supphes and Facilities Chent's supphes (including but not hm~ted to, forms and stationery), equipment (Including but not I~m~ted to, computers, photocopy machines, busrness machines, and typing fac~llbes), and support staff will be prowded to Consultant by Chent, and will be used by Consultant's personnel for Chent's business only, at no cost to Consultant In add~bon, Chent w~ll provide necessary work~ng space and computer time to Consultant for the complebon of Consultant's work under th~s Agreement 6 Independent Contractor Relationship a) Consultant shall act m the capacity of an independent contractor w~th respect to Client Consultant shall not act as, nor represent ~tself as being, an agent of Client, and shall not act as, nor represent ~tself as being authorized to commit Chent to any obhgatlon b) As an independent contractor, Consultant shall take d~rect~on from Chent related to the results to be achieved by Consultant during the term of th~s Agreement All such d~rectlon shall be consistent w~th the scope of services to be prowded under th~s Agreement or any Addendum c) As an ~ndependent contractor, neither Consultant nor ~ts employees, agents, or contractors shall have the status of employees of Chent or ~ts subsidiaries Neither Consultant nor ~ts employees shall be ehg~ble to parbc~pate In any employee benefit, group ~nsurence, or executive compensation plans or bonus programs offered to employees of Client Chent shall not prowde socral security, unemployment compensation ~nsurance, worker's compensabon ~nsurance, d~sab~l~ty insurance, or srm~lar coverage, nor any other statutory benefits of employment to Consultant d) Consultant shall comply w~th all applicable State and Federal regulations ~ncludmg but not I~m~ted to the fitlng of all required State and Federal income tax and other related taxes e) Consultant does hereby agree to waive all claims, release, indemnify, defend and hold harmless Ghent and all of ~ts officials, officers, agents and employees, m both their pubhc and private capaclhes, from any and all hab~hty, claims, su~ts, demands or causes of action which may arise by reason of rnjury to or death of any person or for loss of, da~nage to, or loss of use of any property occasioned by error, om~ssion or neghgent act of Consultant, its officers, agents, employees, ~nv~tees or other persons Professional ServIces Agreement - C~ty of Denton, TX page 6 of '11 for whom Consultant ~s legally liable, with regard to the performance of this Contract, other than Chent's own neghgence, and Consultant w~rl, at ~ts own cost and expense, defend and protect Chent from any and all such claims or demands f) ConSultant shall rndemn~fy, defend and hold harmless Chent from and against any claims, ~ncludlng reasonable lega fees and expenses, based upon ~nfnngement of any Unrted States copyright trademark or patent by the Software, as defined below, Chent agrees to not~fy Consultant of any such claim promptly m writing Chent agrees to cooperate fully with Consultant dunng such proceedings Consultant shall defend and settle at ~ts sole expense all proceedings arising out of the foregoing, including the procarement of suitable counsel for Chent's defense In the event of such ~nfnngement, Consultant may replace, rn whole or m part, and at no cost to Client, Softwarew~th a substantially compabble and functionally equivalent computer program or modify Softwareto avoid the lnfnngement g) Nothing in th~s Agreement shall be construed to create a I~ab~hty to any person who rs not a party to th~s Agreement, and nothing here~n shall waive any of the part~es' defenses, both at law or equity, to any claim, cause of action, or hbgation filed by anyone not a party to th~s Agreement, ~nclud~ng the defense of governmental ~mmunlty, which defenses are hereby expressly reserved 7 Non-exclusivity of Services Chent acknowledges that Consultant may perform s~m~lar services for other chents or other businesses at any bme dunng the term of th~s Agreement, and that the performance of such s~m~lar serwces shall not be deemed a breach of th~s Agreement or any Addendum hereto 8 Proprietary Rights, Confidentiality and Nondlsclosure 8 1 Ger~erally in connection w~th providing the Professional Services, Consultant may wnte, design, develop, ~mplement and deliver to Client certain work product deliverables ("Work Product") The Work Product may include, but shall not be hm~ted to, computer software and modifications, training manuals and enhancements thereto ("Software"), drawings, designs, spec~ficabons and reports All documents prepared or furnished by Consultant (and Consultant's subcontractors or subconsultants) pursuant to th~s Agreement are ~nstruroents of service, and shall become the property of' Client upon the termination of th~s Agreement Chent hereby grants Consultant an ~rrevocable license to use any documents' and Software Consultant created for Client Consultant rs entitled to rata~n cop~es of all such documents The documents prepared and furnished by Consultant are intended only to be apphcable to th~s ProJect, and Client's use of these documents ~n other projects shall be at Client's sole risk and expense In the event Client uses any of the ~nformatlon or materials developed pursuant to th~s Agreement ~n another prqlect or for other purposes than specified herein, Consultant ~s released from any and all hab~hty relating to their use ~n that project 9 Warranties A Warranty. of T~tle Consultant warrants that ~t has good t~tle to any hardware sold pursuant to th~s Agreement and the nght to sell ~t to Chent free of any proprietary nghts of any other party or any other hen or encumbrance Consultant further warrants that it has ProfessiOnal Services Agreement - City of Denton, TX page 7 of 11 good t~tle and all propnetary rights to any software developed and provided by Consultant, to enable it to hcense rts use to Client free of any proprretary rrghts of any other party or any other encumbrance B Software Warranty Consultant warrants that any Software provided by Consultant wdl perform free of defects that would prevent the system from operabng ~n the manner described ~n the contract documents and any other related user documentation for the version ~nstalled Consultant further warrants that ~ts ~mplementat~on design of the JDEdwards software suite described m Exhibit B w~ll perform rn such a manner as to accomphsh the criteria set forth ~n Exhibit C, attached hereto and ~ncorporated by reference hereto, ~n a fashion which maxlmlzes efficiency and ease-of-use to the end user, prowded that the ~mplementabon design ~s ~nstalled and utd~zed by Chent to Consultant's spec~ficabons, prowded, however, Consultant expressly makes no warrantres of btle relabng to the JD Edwards software Th~s Warranty shall commence upon date of acceptance by Client C Special Year 2000 Warranty In addition to the above warrant~es, Consultant warrants that each hardware, software, and firmware product designed by Consultant and delivered under the contract(s) shall be able to accurately process date data 0nclud~ng, but not hm~ted to, calculating, companng, and sequencing) from, ~nto, and between the twentieth and twentyfirst centuries, ~nclud~ng leap year calculations, when used ~n accordance w~th the product documentation prowded by Consultant, prowded that all other ~nterfaces (e g, hardware, software, firmware) used ~n comb~nabon w~th such product properly exchange date data w~th ~t Th~s warranty shall apply to Consultant's products as a system The durabon of th~s warranty and the remedies avadable to the Chent for breach of th~s warranty shall be as defined in, and subject to, the terms and I~m~tabons of Consultant standard commercial warranty or warranhes contained ~n the contract(s), prowded that, notwithstanding any prows~on to the contrary ~n such commercial warranty or warranbes, the remedies available to the Client under th~s warranty shall ~nclude repair or replacement of any Consultant-supphed product whose noncomplmnce ~s d~scovered and made known to Consultant In writing Nothing ~n th~s warranty shall be construed to I~m~t any rights or remedies the Chent may otherwise have under the contract w~th respect to defects other than Year 2000 performance 10 Insurance A Consultant, shall at Consultant's own expense, purchase, maintain and keep ~n force dunng the term of this Contract such ~nsurance as set forth below All insurance pohcles prowded under this Contract shall be wntten on an "occurrence" bas~s The ~nsurance requirements shall remain ~n effect throughout the term of th~s Contract 1 Worker's Compensation as required by law, Employers L~ablhty Insurance of not less than $100,000 00 for each accident, $100,000 00 disease-each employee, $500,000 00 disease-policy hm~t 2 Commercial General L~abd~ty Insurance - $1,000,000 L~m~t B Concerning ~nsurance to be furnished by Consultant, ~t rs a condition precedent to acc_eptabd~ty thereof that ProfessiOnal Services Agreement- City of Denton, TX page 8 of 11 1 All pohcles are to be written through companies duly approved to transact that class of Insurance in the State of Texas, and 2 Insurance is to be placed w~th carriers w~th a Best rating of A VII C Consultant agrees to the following 1 Consultant hereby waives subrogabon rights for loss or damage to the extent same are covered by ~nsurance Insurers shall have no right of recovery or subrogation against Client, ~t being the intention that the insurance pohcles shall protect all part~es to the Agreement and be primary coverage for all losses covered by the policies, 2 Companies ~ssumg the ~nsurance pohc~es and Consultant shall have no recourse against Client for payment of any premiums or assessments for any deductible, as all such premiums and deducbbles are the sole respons~b~hty and risk of Consultant 3 Approval, d~sapproval or failure to act by Client regarding any insurance supphed by Consultant (or any subcontractors) shall not relieve Consultant of full responsibility or I~ab~l~ty for damages and accidents as set forth ~n the Contract documents Ne,ther shall the ~nsolvency or demal of I~ablhty by the ~nsurance company exonerate Consultant from ]lab~hty D Any of the ~nsurance pohcles required under th~s sect[on may be written in comblnabon w~th any of the others, where legally permitted, but none of the specified hmlts may be lowered thereby 11 Notices All notices and communications hereunder shall be m wntmg and shall be g~ven by personal delivery or by registered or certified ma~l unless another form of dehvery ~s mutually agreed upon m wnbng by the part~es Sa~d notices shall be addressed as set forth below If to Chent C~ty of Denton 601 E H~ckory, Suite A Denton, TX 76205-4305 Attn Alex Z Pett~t Phone (940) 349-8595 Fax (940) 349-8533 If to Consultant Access Technologies, Inc 11608 McDougall Tust~n, CA 92782 Attn Cyd Yamamoto, President Phone (714) 669-7738 Professional Services Agreement - City of Denton, TX page 9 of 11 FAX (714) 669-1421 or such other address as e~ther party may designate to the other party hereto ~n accordance w~th the aforementioned procedure 12 Interpretation Whenever possible, each prows~on of th~s Agreement and any Addendum shall be ~nterpreted ~n such manner as to be valid and effective under apphcable law if any provision of th~s Agreement or any Addendum shall be unlawful, vord or for any reason unenforceable, ~t shall be deemed separable from, and shall ~n no way effect the vahd~ty or enforceabihty of, the remaining port~ons of th~s Agreement, and the rights and obhgat~ons of the part~es shall be enforced to the fullest extent possible All capbons are for the convemence of reference only and shall be d~sregarded ,n ~nterpretmg th~s Agreement 13 Entire Agreement Th~s Agreement and the Addendum(s) ~f any, contain the enbre agreement of the part~es w~th respect to the subJect matter hereof and supersedes and replaces any oral or wntten agreements heretofore entered ~nto between the parbes Th~s Agreement and the Addendum(s) cannot be modified or terminated or any performance or cond~bon waived, In whole or in part, except by a writing signed by the party against whom enforcement of the modification, termination or waiver ~s sought The waiver of any breach of any term of cond~bon of th~s Agreement or any Addendum shall not be deemed to constitute the waiver or any other breach of the same or any other term or condition 14 Execution and Counterparts Th~s Agreement and any Addendum hereto may be executed ~n any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one (1) and the same instrument The part~es hereto acknowledge and agree that the ~nd~wdual executing this Agreement on behalf of such party has the requisite authority to do so 15 Governing Law This Contract is entered ~nto subject to the Denton City Charter and ordinances of the C~ty of Denton, Texas, as they may be amended from time to bme, and ~s subject to and ~s to be construed, governed and enforced under all apphcable State of Texas and federal laws If legal action ~s necessary to enforce th~s Contract or any attachment, exhibit or addendum thereto, venue shall lie exclusively ~n the courts of Denton County, Texas 16 Attorney's Fees If e~ther party hereto incurs any legal fees, whether or not an action ~s msbtuted, to enforce the terms of th~s Agreement or any Addendum hereto, or to recover damages or injunctive relief for breach of th~s Agreement or any Addendum hereto, ~t ~s agreed that the successful or prevad~rlg party shall be entitled to reasonable attorney's fees, expert witness fees, and other costs in addition to any other relief to which ~t may be enbtled 17 Severablllty If any prowsion of this Agreement ~s found or deemed by a court of competent junsdlctlon to be Invahd or unenforceable, it shall be considered severable from the Professional Services Agreement - C~ty of Denton, TX page 10 of 11 remarnder of th~s Agreement and shall not cause the remainder to be Invahd or unenforceable In such event, the part,es shall reform th~s Agreement to replace such stricken prows~on w~th a valid and enforceable provision which comes as close as possible to expressing the ~ntent~on of the stncken provision 18 Compliance With Laws Consultant shall comply w~th all federal, state, and local laws, rules, regulations, and ordinances apphcabte to the work covered hereunder as they may now read or hereinafter be amended 19 D~scrlmination Prohibited In performing the services required hereunder, Consultant shall not discriminate against any person on the basis of race, color, rehg~on, sex, national ongrn or ancestry, age, or physrcal hand~cap 20 Assignability Consultant shall not assign any interest ~n th~s Agreement, and shall not transfer any interest ~n th~s Agreement (whether by assignment, novation, or otherwise) w~thout the pnor written consent of Chant 21 Modification No waiver or modification of this Agreement or of any covenant, cond~bon, or hm~tat~on here~n contained shall be valid unless ~n writing and duly executed by the party to be charged therewith, and no ewdence of any waiver or modification shall be offered or received In evidence In any proceeding arising between the part,es hereto out of or affecbng th~s Agreement, or the nghts or obhgabons of the part~es hereunder, and unless such waiver or modification ~s ~n wnt~ng and duly executed, and the parbes further agree that the provisions of this section w~ll not be waived unless as set forth here~n 22 Miscellaneous A The following exhibits are attached to and made a part of th~s Agreement Exhibit A - Addendum A to Contract Exhibit B - Descnpbon of JD Edwards Software Suite Exhlb~t C - Funcbonal Requirements for JDEdwards Software Implementabon B Consultant agrees that Client shall, until the explrabon of three (3) years after the final payment under th~s Agreement, have access to and the right to examine any d~rectly pertinent books, documents, papers, and records of Consultant ]nvolwng transacbons relating to th~s Agreement Consultant agrees that Client shall have access during normal working hours to all necessary Consultant faclhtles and shall be prowded adequate and appropnate work~ng space ~n order to conduct audits ~n comphance with th~s section Chant shall g~ve Consultant reasonable advance not~ce of ~ntended audits C Consultant shall commence, carry on, and complete any and all projects w~th all apphcabla dispatch, in a sound, economical, and efficient manner and In accordance w~th the provisions hereof In accomphshlng the projects, Consultant shall take such steps as are appropriate to ensure that the work involved ~s properly coordinated Professional Serwces Agreement - C~ty of Denton, TX page 11 of 1 1 w~th related work being carried on by Client, prowded, however, Consultant shall not be ~n breach of this Agreement or an Addendum ~f ~t ~s unable to commence or complete ~ts work due to a confhct w~th ex~sbng or future work conducted by the Chent D Client shall assist Consultant by placing at Consultant's d~sposal all avadable ~nformat~on pertinent to the Project, ~nclud~ng prewous reports, any other data relative to the Project, and arranging for the access thereto, and make all prows~ons for Consultant to enter m or upon public and private property as required for Consultant to perform servmes under th~s Agreement IN WITNESS WHEREOF, the parties hereto have executed th~s Professional Services Agreement as of the date first wntten above for Chent City of Denton, TX for Consultant Access Technologies, Inc signed s~gned name name btle tltle date date APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PROFESSIONAL SERVICES AGREEMENT ADDENDUM A between C~ty of Denton, Texas ("Chent") and Access Technologies, Inc ("Consultant") Th~s Professional Service Agreement Addendum ~s an integral part of the Agreement dated December 1, 2001, between the C~ty of Denton, TX (CLIENT), and Access Technologies, Inc (ATI), and defines the business and computer software related consulting services requested, the fees, and the durabon of the services Term · Start Date December 1, 2001 · End Date May 31, 2002 ATI staff w~ll be ready to beg~n providing post ~mplementat~on support resources w~th~n three (3) weeks of a mutually agreed upon date In the event ATI determines that the effort as set forth herein w~ll not be completed by the agreement upon Phase dates, ATI shall nobfy CLIENT of such promptly upon such determination Such nobce shall also include ATI's revised estimated completion date Prolect Scope The project scope w~ll ~nclude the following services General Actlwbes · Provide post Implementation support, d~rect~on and coaching ~n the use of JDEdwards World Solutions Company OneWorld Xe software · Assmt ,CLIENT project team(s) in evaluating their current ~mplementabon status and completing the effort remaining to successfully ~mplement the JDEdwards World Solutions Company software · All serwces shall be performed under the supervision and d~rectlon of a Certified Pubhc Accountant (CPA) to review the ~mplementat~on of the chart of accounts, restatement of hmtoncal financial Information after conversion, and address process changes necessary to conform to FASB and GASB reqmrements and pronouncements as deemed necessary ADDhcat~on Acbv~tles · ATI will assist the CLIENT in the continued usage of the J D Edwards' OneWorld Xe sofbNare · ATI and ~ts subcontractors wdl assst m the Implementation of the following software apphcabons using a phased approach, as defined below Post Implementation Address Book, Job Cost, Accounts Payable, General Support Dec 1,200t Accounbng, Budgebng, F~xed Assets, Procurement, Inventory Management, Payroll, Human Resources and HR Benefits Access Technologies Inc Professional Servtces Agreement Addendum Page PSA Addendum A City of Denton, Texas Post Implementabon Support Approach ATI and ~ts subcontractors wdl prowde support for all ~mplemented J D Edwards' OneWorld Xe software and agreed upon workflow mod~ficabons The acbv~t~es m the project wdl ~nclude software support and project management services The Addendum A has been developed based upon the following assumptions, changes to which may increase prme and/or effect the project schedule 1 The CLIENT and ATI wdl reinforce decisions regarding CLIENT resources and ava~labd~ty reached dunng the Project Planning Meeting during the ~mplementabon 2 It ~s Access Technologies undemtandmg that the CLIENT ~s assuming full-t~me project management respons~bd~ty under the leadership of Kathy DuBose The project management team will be responsible for Rewew progress of ~mplementation and assist w~th problems which delay progress · Eneure that the vis,on, bus~ness plan and processes are current and ~ncluded m the ~mplementation · Identify additional project team tre~nmg needs · Management of security plan including who controls set up · Issuedocumentat~on and resolution · Prepare procedure manual format · Maintenance of detailed technology ~mplementat~on plan · Maintenance of detailed apphcabon ~mplementat~on plan · Management of end user training · Management of phased rollouts · Management of conversion process · Commumcate project status and ~mplementabon schedule to all the appropriate parbes Prolect Risks Every project inherently ~ncludes several types of risks, ~nclud~ng schedule risk, budget risk, r~sk of prowded solutions note being accepted by users and many others We, Access Technologies and CLIENT wdl continuously look to ~dentffy any potential risks, ~dentlfy and select options to reduce or ehminate the nsk and then ~mplement the solubons The joint management funcbon ~s based largely on managing these risks by · Estabhsh~ng a skilled and expenenced project team, supervised by CPA professionals · Bnng techmcal software and hardware skdls rotc the project team · Enhsbng the support of top management for resource commitments to the project · Involving the user commumty and ~ts representabves m all aspects of the project · Documenting status mformat~on and open ~ssues on a t~mely bas~s, and working to resolve those ~ssues quickly Access Technologies Inc Professional Services Agreement Addendum Page 2 PSA Addendum A City of Denton, Texas Access Technologies Responslbdlt~es Access Technologies role m the project ~s descnbed above and w~thm Attachment A, the OnTrack Deflmbons We will serve ~n a support role, providing system mstallabon, confrguratlon and consulbng services at your d~recbon and request Access TechnoloRles Staffinq Consultant T~tle Hourly Rate Joe Harns Chent Manager $ 00 Lynn Cardona Project Manager $180 00 Conrad Bredleau, Bob Semor Application $175 00 Vanlandmgham Consultants Cathy Troxler Senior Techmcal $180 00 Consultants Steve Campodomco Senior Apphcat~on Lead $180 00 CLIENT Respon$1blhtles 1 CLIENT w~ll provide access to database administrators, apphcat~on leads, system admlmstrators and project management as necessary to facilitate software set up and configuration, enwronment set up and all application ~mplementat~on steps referred to herem 2 CLIENT w~ll provide full-t~me project management services as defined above 3 CLIENT w~ll prowde sufficient resources to enable that the project set up, complebon and testing can be done w~th the project time frame 4 CLIENT w~ll prowde personnel to complete and/or assist m the wrlbng of detail procedures for use by end users 5 CLIENT will provide sufficient commitment of personnel to_perform any manual or I programmatic data conversions required 6 CLIENT w~ll prowde sample data to execute both the prototype and ~ntegrated acceptance tests 7 CLIENT w~ll provide on-site facIl~bes for all ATI project team members which will ~nclude · Work Area · Telephone Access · Analog phone hne access · System secur~tyand access Ids · Access to faclhbes · Parking · Fax, copying and pnntmg capab~llbes Access Technologies lnc Professional Services Agreement Addendum Page 3 PSA Addendum A C~ty of Denton, Texas Prlcln~ ATI's project price includes ail of the ATI resources to be prowded for the scope of services defined hereto Th~s Professional Services Agreement Addendum Is supplementary to, but does not replace your Professional Services Agreement ruth our company Please refer to th~s Agreement for d~scusslons on b~lhng issues ComPonent Estimate Post Implementation Support - Fmanclals $256,650 00 These estimates are based upon our knowledge of the software and your project team's knowledge of your c~t~es bus~ness enwronment Many factors can account for changes ~n the t~me and cost of mstalhng and implementing JDEdwards software systems, which coutd lengthen or shorten the project duration and, therefore, have an ~mpact on original estimates for Access Technologies consulting services These factors can include changes ~n the information needs, inaccurate descriptions of ex,sting data, suspect data or incorrect level of detail and others After the model step ~s complete ~n the first phase of ~mplementat~on, there w~ll probably be changes ~n the level of our part~c~pation, up or down For the entire project, when the modehng step ~s complete ~n each phase, we w~ll meet w~th you and the project team to d~scuss any proposed changes before proceeding Access Technologies recommends as part of the ~mplementat~on and installation of your JDE Licensed Products, that the CLIENT operate the L~censed Products m parallel w~th the CLIENT'S ex,sting computer software system until the CLIENT has sat~sfactonly completed the ~mplementat~on Chanaes and Additional Work No modification or change to th~s Addendum w~ll be b~nd~ng on e~ther party unless acknowledged ~n writing by their duly authorized representatwes For Access Technologies, Inc For City of Denton, Texas By By Acceptance Access Technologies, Inc City of Denton, Texas S~gned Signed Name Name T~tle T~tle Access Technologies Inc Professional Services Agreement Addendum Page 4 ~)~ PSA Addendum A City of Denton, Texas Date Date CLIENT may, at any t~me, request that Access Technologies perform additional work beyond the scope of the project work, hereinafter referred to as a "Change Order" Compensation for each such Change Order w~ll be negotiated by CLIENT and Access Technologies consistent w~th the compensation prows~ons set forth ~n the Professional Services Agreement and, ~f so authorized, shall be considered part of the Project work Access Technologies shall not perform any additional work defined w~th~n a Change Order until the Change Order ~s approved by CLIENT ~n writing Access Technologies Inc Professional Services Agreement Addendum Page 5 Appendix B The following ~s a hst~ng of JDEdwards software modules to be ~mplemented at the C~ty of Denton, pursuant to the ~mplementat~on contract 1 Foundatmn (System 00, JDE Release B733 2) 2 Address Book (AB) (System 01, JDE Release B733 2) 3 OneWorld Toolset (System 98, JDE Release B733 2) 4 Accounts Receivable (AR) (System 03, JDE Release B733 2) 5 Accounts Payable (AP) (System 94, JDE Release B733 2) 6 General Ledger/Accounting (GL) (System 09, JDE Release B733 2) 7 F~nancml Reporting (CAFR, PAFR, and SEA Models) (System 83, JDE Release B733 2) 8 F~xed Assets (FA) (System 12, JDE Release B733 2) 9 F~nancml Modeling and Budgeting (BUD) (System I 0, JDE Release B733 2) 10 Inventory Management (LM) (System 41, JDE Release B733 2) 11 Procurement (PO) (System 43, JDE Release B733 2) 12 Work Order Management (WO) (System 48, JDE Release B733 2) 13 Job Cost (JC) (System 51, JDE Release B733 2) 14 Subcontract Management (System 44, JDE Release B733 2) 15 Se~vme B~lllng (SB) (System 48, JDE Release B733 2) 16 Contract B~lhng (System 52, JDE Release B733 2) 17 Grant Management (System 52, J'DE Release B733 2) 18 Stalad-Alone T~me Accountmg (System 05, JDE Release B733 2) 19 Payroll (PR) (System 07, JDE Release B733 2) 20 Human Resources Management (HRM) (System 08, JDE Release B733 2) 21 Call Center Management (System xx, JDE Release B733 2) 22 Servme Order Management (System xx, JDE Release B733 2) 23 Information Architect (Custom Documentatmn Tool) 24 CBT for Fotmdatmn State 25 CBT for Financial State 26 CBT for D~stnbut~on State 27 CBT for Manufactunng State NOTE The city w~ll ~mt~ally install JDE Release B733 2, but w~ll undoubtedly upgrade to release B733 3 ~n the summer (Scheduled for July release) Payroll System. ! Supports complex payroll envlromnents, including multiple work areas, multiple deductions, reductions and benefit plans 2 Supports automatic deposits, special tax deferral programs, complc× retirement and benefit plans, and special needs such as car allotments and sawngs bond programs 3 Direct integration to thc General Ledger, Sob/ProJect Ledger, Position Control and Human Resources In£ormatmn system 4 Comphes w~th FLSA regulatmns 5 Supports daily, weekly and pay period t~me card entry while dcnwng overtime hours and rates based on rules defined by the user 6 Exception time entry only reqmred 7 Pnnts checks on demand to a designated workstation pnnter 8 Supports multiple checking accounts and automatic bank tape rcconcfllatmn 9 Automatm labor dlstnbutmn to General Ledger and Job Ledger 10 Processes and records non-payroll information such as COBRA 11 Supports mid-period tunng/termmatmg payroll process !2 Supports magnetic medm reporting to state and federal agencies 13 Supports multiple versions of user defined salary and rate table 14 Supports multiple general ledger distributions per paycheck 15 Unlumted h~story based on user defined levels 16 Supports garnishment d~reet deposits 17 Tracks vacation and sink time totals, s~ck pool accumulations, total time lost by employee, FMLA, Workers Compensatmn, long term d~sabflity and leave of absence 18 Supports mqmry and reporting ablhty for user defined ~nformatmn 19 Prowdes the following standard reports a Payroll Check register b Payroll deduction register c Payroll earmng register (labor distribution) d EEOC reports e Quarterly 941's f Annual W-2's g Organ~zatlon chart h Specialized state and local reports Employee reports showing all payments, deductions, and contributions for an upcoming pay period j Superv~sor's reports showing all hours Position Control 1 Ability to create and model budgets based on.lob and position assignments 2 Ab~hty t%create hne ~tem budgets in the General Ledger and/or Project ledger Exhibit C - Page 6 of 7 3 Fully integrated with the Human Resource system, Payroll and General and Project ledgers 4 Changes made to salary and benefit tables automatmally "roll" through the system 5 Salaries, benefits and overtime are mamtmned on an FTE bas~s 6 Supports salary sawng calculatmns 7 Salary "step" increases are automat~cally ma~ntmned 8 Benefits can be defined as a pementage of salary or a strmght dollar amount D~fferent benefits can be defined for regular and overtime pay 9 Allow salary budgets to be adjusted up or down by a fixed percentage 10 Current and future years may be accessed slmultaneously 11 Unfilled positions may be budgeted 12 Salary and FTE hmlts may be set at the job and/or positron Ievel 13 Supports "What it~' scenarios 14 The following reports are prowded a Benefits by Job b Posltlon Number by Account c Position Changes between years d Position number by department e Salary Planning Worksheet f Salary Budget by Pomt~ons g Salaries and FTE by Account h Salary Project~on Salary-to-Actual Exhibit C - Page 7 of 7 AGENDA INFORMATION SHEET AGENDA, DATE' December 4, 2001 Questions concerning this acqms~tlon may be directed DEPARTMENT: Materials Management to Vance Klmler 349-8444 ACM' Kathy DuBose, F~scal and Municipal Servlces~ SUBJECT: An Ordinance of the City of Denton, Texas authorizing the expenditure of funds for the quarterly payments of the Sohd Waste Surcharge, and providing an effective date (Purchase Order 101497 to TNRCC m the amount of $143,750) PURCHASE ORDER INFORMATION: The City is billed on a quarterly basis for a Solid Waste surcharge m the amount of $ 1 25 per ton As required by State regulatmns contained m Title 30, Chapter 330 602, of the Texas Administrative Code (TAC), solid waste faclht~es must pay a surcharge based upon the amount of waste a disposal facility receives Money received by the TNRCC from the solid waste surcharge is spht as follows 50% is used for TNRCC operations and 50% is returned to the local Council of Government's (COG's) to be used to award grants For the year 2001, the landfill received 110,342 tons on which we were b~l]ed $137,927 50 as the surcharge For the year 2002, we estimate the landfill will receive 115,000 tons, therefore, we estimate our surcharge will be $143,750 PRIOR ACTION/VIEW (COUNCIL~ BOARDS~ COMMISIONS) Public Ut~hty Board approved on November 12, 2001 RECOMMENDATION: We recommend approval of Purchase Order 101497 to TNRCC ~n the amount of $143,750 PRINCIPAL PLACE OF BUSINESS: TNRCC Austin, TX Agenda Information Sheet December 4, 2001 Page 2 FISCAL INFORMATION The estimated annual payment o£ the 2001/2002 TNRCC Solid Waste Fee is $143,750 Actual payments wall be made £rom invoices to be received on a quarterly bas~s Funds are avmlabl¢ £rom account (660300 7834) The fees are collected on behal£ of the State and are reflected m the operating budget revenue and expense accounts Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 101497 to TNRCC 1670 Agenda 2 Attachment ' 8 ~ , DRAFT SCHEDULED FOR APPROVAL 12/10/01 1 PUBLIC UTILITIES BOARD MEETING MINUTES 2 November 12, 2001 3 4 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 5 present, the Public Utilities Board convened into an Open Meeting on Monday, November 12, 6 2001 at 9 02 a m in the Service Center Trmmng Room, City of Denton Service Center, 901-A 7 Texas Street, Denton, Texas 8 9 PRESENT: Dick Norton, George Hopkins, Dick Smith, Jim Wilson, and Don White 10 11 EX OFFICIO MEMBERS 12 Howard Martin, ACMFUtthtles 13 14 EXCUSED: Charldean Newell 15 Bill Cheek 16 17 CONSENT AGENDA' 18 22 25 29 32 ~ 33 37 ~ 38 42 43 48 1 DRAFT SCHEDULED FOR APPROVAL 12/10/01 1 2 8) Consider approval of a purchase order m the amount of $143,750 to the Texas Natural 3 Resources Conservation Commission ("TNRCC") for quarterly payments of the State 4 municipal sohd waste landfill surcharge (December 4th, City Council Consent Agenda 5 Item #14) 6 7 Board member Dmk Smith moved to approve the consent agenda Board member George 8 Hopkins seconded Motion approved unanimously 9 2 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE QUARTERLY PAYMENTS OF THE SOLID WASTE SURCHARGE, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 101497 TO T N R C C IN THE AMOUNT OF $143,750) WHEREAS, m order to comply with the contract commitment to Texas Natural Resource Conservation Commission (TNRCC), the City of Denton is mqmred to pay Sohd Waste Pertmt Fee, and WHEREAS, the City Manager has reviewed and recommended that the City Council approve and authorize the payment of such fees, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the expenchtum of funds in the amount of $143,750 to be paid to the Texas Natural Resoume Conservation Comrmsslon (TNRCC), is hereby authorized SECTION II That this ordinance 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 AGENDA INFORMATION SHEET AGENDA DATE December 4, 2001 DEPARTMENT Airport and Transit Operations ACM Jori Fortune, Public Safety and Transportation Operations SUBJECT AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO THE CONSTRUCTION OF IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORT, AND DECLARING AN EFFECTIVE DATE BACKGROUND In 1997 the Texas Department of Transportation, Aviation Division (TxDOT) was given authority to administer federal and state funds for capital improvement proJects for all reliever and general amat~on mrports statewlde This was done to assist TxDOT in famhtatmg the Texas A~rport System Plan In adchtlon to the authority to administer federal grant fimds, TxDOT was also promded with the ability to act as the local sponsor's agent, ~f desired, for the purposes of applying for, receiving and disbursing all funds for approved projects and admxmstratlon of contracts necessary for the implementation and construction of improvements On July 13, 1999 the City of Denton approved a resolution, R99-028, confirming an agreement with TxDOT to pay ten percent (10%) of the total project cost for the FY 2001 project, and designating TxDOT as the City's agent for administration of Federal and State funds for smd project The FY 2001 project includes the following ~nfi~astmcmre and safety improvements rehabilitate and mark Runway 17/35, rehabilitate and mark hangar access taxlways, install medium intensity taxlway lights and edge reflectors, rehabilitate taxlway system, rehabilitate apron, construct hehpad, upgrade Runway slgnage, and install security fencing at the Denton Munmlpal Airport TxDOT Aviation Division has approved the bid proposal for Construction Services submitted by Sunmount Corporation of Roanoke, Texas TxDOT is now requesting the City of Denton to enter into an Airport Project Participation Agreement (APPA) authorizing TxDOT to issue a notme to proceed for the construction phase of this project The APPA names TxDOT as the City's agent for the project and describes the State's responsibilities as the City's agent, outlines the State's offer for financial assistance and identifies the City's obhgations in accepting financial assistance for this project 1 Furthermore, the APPA requests documentation on the following certification of a separate fund for mrport revenues and certification of a drag-free workplace ESTIMATED SCHEDULE OF PROJECT TxDOT is requesting a signed agreement for this project as soon as possible, December 5, 2001 This will allow TxDOT to issue a notice to proceed for the construction phase of this project Construction will begin within one-month of the notice to proceed with an estimated five-month construction schedule PRIOR ACTION/REVIEW The Clty Attorney's Office has reviewed and airport staff recommends approval of this ordinance The Airport Advisory Board unanimously recommends approval of the APPA FISCAL INFORMATION The estimated construction cost for this project is $1,958,000 TxDOT, Awatlon division has already received the City's ten percent (10%) match for the construction phase, $195,800 Funding for the construction phase was budgeted in the FY 00-01 Budget EXHIBITS Ordinance AIYport Project Participation Agreement Respectfully submitted Mark~elson Director of Airport and Transit Operations 2 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AIRPORT PROJ'ECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO THE CONSTRUCTION OF IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORT, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Manager of the City of Denton or his des,ghee m hereby anthonzed to execute on behalf of the City of Denton an Airport ProJect Pammpatlon Agreement with the Texas Department of Transportation relating to construction servmes to rehablhtate and mark Runway 17-35 and other improvements at the Denton Mummpal Airport, a copy of such contract being attached hereto and made a part hereof for all purposes and referenced as TXDOT Contract No 2XXAV028 (the "Agreement") SECTION 2 The City Manager or hm designee is the City's authorized representat,ve who is d, rected to comply with any assurances, eondmons, or agreements reqmred to be executed to reee,ve the funds provided under the Agreement SECTION 3 Tbas ordanance shall become effective immediately upon its passage and approval PASSED AND APPROVED tbas the __ day of ,2001 EULINE BROCK, MAYOR ATTEST SENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORIVl HERBERT~~U CITY ATTORNEY 3 TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT PROJECT PARTICIPATION AGREEMENT (Federally Assisted An port Development Grant) TxDOT P, oject No AP DENTON 2 TxDOT CSJNo 0218DNTON TxDOT Contract No 2XXAV028 Part I - Identffication of the Project TO The City of Denton, Texas FROM The State of Texas, actmg through the Texas Department of Transportation This Agreement ts made and entered into by and between the Texas Department of Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas, and the C,ty of Denton, Texas, (hereinafter referred to as the "Sponsor") The Sponsor desires to sponsor a project for the development of a pubhc aviatmn facihty, known or to be des,gnated as the Jdrport undei the Parport and A~rway Improvement Act of 1982, as repealed and recodlfied in Title 49 United States Code, Section 47101 et seq, (hereinafter referred to as "Title 49 U S C "), and Rules, Regulat,ons and Procedures promulgated pursuant, and under V T C A Transportation Code, Title 3, Chapters 2t-22, et seq (Vernon and Vernon Supp) The project is described as followg construct,on services to rehabilitate and mark Runway 17-35, reconstruet partial parallel tax,way, rehabilitate and mark parallel and stub taxtways to Runway 17-35, rehabilitate and mark hangar access tardways, install medium ~ntensity taxiway lights and edge reflectors, rehabihtate apron, reconstruct apron, construct hehpad, upgrade Runway s~gnage, and ~nstall security fencing at the Denton Municipal ,Mrport The Sponsor applies for federal financial ass,stance and des,res the State to act as the Sponsor's agent in matters connected with the project described above The pames, by this Agreement, do fix their respective responsibilities, with reference to each other, with reference to the accomplishment of the project and with reference to the United States Pursuant to and for the purpose of carrying out the prov,sions of Title 49 U S C, and in consideration of(a) the Sponsor's adopnon and rat,ficatlon of the representations and assurances contained in the A~rport Project Part,cipation Agreement and its acceptance of tins Offer as provided, and (b) the benefits to accrue to the United States and the publ,c from the accornphshment of the project and compliance with the assurances and conditions as herein provided, THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION (HEREINAFTER REFERRED TO AS THE "FAA"), OFFERS AND AGREES to pay, as the Umted States share of the allowable costs recurred ~n accomphsh~ng the project, mnety percentum of all allowable project costs Th~s grant Is made on and subject to the following terms and condmons Part II - Offe~ of Fruanc~al Assistance 1 The allowable costs of the project shall not ~nclude any costs determined by the State to be ~nehgible for considerat~on as to allowabdity under T~tle 49 U S C, the VT C A Transportatmn Code, Title 3, Chapters 21-22, et seq, (Vernon and Vernon Supp), and the Atrport Zoning Act, Tex Loc Govt Code Ann §§ 241 001 et seq (Vernon and Vernon Supp) 2 It ~s estimated that construction project costs wdl be approximately $1,958,000 00 (Amount A) It ~s further estimated that approximately $1,958,000 00 (Amount B) of the project costs wall be ehgtble for federal financml assistance, and that federal financial assistance wdl be for ninety percent (90%) of the eligible project costs Fmal determ~natton of federal ehgibdity of total project costs will be detertmned by the State m accordance wtth federal gmdehnes following completion of project 3 The mammum obhgatton of the Umted States payable under this offer shall be $1,762,200 00 (Amount C) Th~s grant should not be construed as block grant funds for the Sponsor, but as a grant for fundtng of the scope items as hsted on page one of this agreement It ~s the intent of the State to provtde funding to complete the approved work items of th~s grant and not to amend the scope of work to include items outside of the current determtned needs of this project Scope of work may be amended as necessary to fulfill the unforeseen needs of tlus specific development project wittun the sprat of the approved scope, subject to the availability of state, federal, and/or local funds 4 It is estimated that the Sponsor's share of the total project costs wdl be $195,800 00 (Amount D) The Sponsor specifically agrees that ~t shall pay any project costs, which exceed the sum of the federal share (Amount C) It ~s further agreed that the Sponsor will reimburse the State for any payment or payments made by the State ~n behalf of the Sponsor which are ~n excess of the federal percentage of financial parttctpatmn as stated ~n Paragraph II-2 The State shall refund to the Sponsor, at the financml closure of the project, any excess funds provided by the Sponsor 5 It ~s mutually understood and agreed that fi, during the life of the project, the State deterrmnes that the grant amount exceeds the expected needs of the sponsor by $5,000 or five (5%) percent, whichever ~s greater, the grant amount can be umlaterally reduced by letter from the State adws~ng of the budget change and a refund of the sponsor share of 5 the reduction will be done Conversely, If there is an overrun in the ehgible project costs, the State may increase the giant to cover the amount of overrun not to exceed the statutory fifteen (15%) percent limitation, and will advise the Sponsor lay letter of the ~ncrease Upon receipt of the aforementioned letter, the maximum obligation of the United States Is adjusted to the amount specified and the Sponsor will remit their share of the increased grant amount Participation in additional federally eligible costs may leqmre appioval by the ~le×as Transportation Commission The State will not authorize expenditures in excess of the dollar amounts ~dentlfied in th~s Agreement and any amendments, without the consent of the Sponsor Payment of the Umted States share of the allowable project costs wdI be made m accordance with the provisions of such regulations and procedures as the State and the FAA shall prescnbe FlnaldetermmationoftheUmted States share wdl be based upon the final audit of the total amount of allowable project costs and settlement wall be made for any upward or downward adjustments to the Federal share of costs 6 Sponsor's share of project costs (Amount D) shall be paid initially in cash when requested by the State At project closeout, Sponsor will be le~mbursed for any credited amounts that exceed Sponsor's share 7 Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to the State that ~t has sufficient funds to meet its share of the costs as heretofore stated The Sponsor grants to the State and federal government the right, upon advance written request during reasonable and regular business hours, to audit any books and records of the Sponsor to verify the funds In addition, the Sponsor shall d~sclose the source of all funds for the project and its ability to finance and operate the project Following the execution of this Agreement and upon wi~tten demand t,y the State, the Sponsor's financial obhgatton (Amount D) shall be due and payable to the State State may request the Sponsor's financial obligation in partial payments Should the Sponsor fall to pay said obligation, either in whole or in part, within 30 days of wnlten demand, the State may exercise ~ts rights under Paragraph V-7 Likewise, should the State be unwdhng or unable to pay its obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies it has at law or equity PART llI- Sponsor Responslbll,ties 1 In accepting the Agreement, the Sponsor guarantees that a it will comply with the Attachment A, Certification of A~rport Fund, attached and made a part ofth~s agreement, and it will comply w~th the Attachment B, Certification of Project Fund, attached and made a palt of this Agreement, and it will comply with the Attachment C, A~rport Assurances (9/99)(State Modified 9/99), attached and made a part ofth~s Agreement, and it will, in the operation of the facihty, comply with all apphcable state and federal laws, rules, regulations, procedmes, covenants and a%mances ieqmred by the State of Texas or the FAA m connection with the federal grant, and the Airport or navigatmnal facility which is the subject of this Agreement shall be controlled for a period of at least 20 years, and improvements made or acquned under th~s project shall be operated, repaired and maintained in a safe and serviceable manner for the useful life of said ~mprovements, not to exceed 20 years, and consistent with safety and security requirements, ~t shall make the airport or air nawgational facility avadable to all types, kinds and classes of aeronautical use without unjust discriminat~on between such types, kinds and classes and shall provide adequate pubhc access during the term of this Agreement, and it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an auport landing area Aeronautical activities include, but are not hmited to scheduled alrhne thghts, charter flights, fl~ght instruction, aircraft sales, rental and repmr, sale of aviation petroleum products and aerial applications The landing area consists of runways or landing strips, taxiways, parking aprons, roads, auport lighting and nawgatlonal rods, and it shall not permit non-aeronautical use of mrport facilities, unless noted on an approved Airport Layout Plan, w~thout prior approval of the State/FAA, and It shall not enter into any agreement nor permit any aircraft to gain direct ground access to the Sponsor's airport from private property adjacent to or in the immediate area of the airport Further, Sponsor shall not allow aircraft direct ground access to private property Sponsor shall be subject to this prohibition, commonly known as a "through-the-fence operation," unless an exception is granted in writing by the State due to extreme circumstances, and it will acquire all property interests identified as needed for the purposes of this project and comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas or the FAA in connection with the federal grant in the acquisition of such property interests, and that airport property identified witlun the scope of tlus project and Attorney's Certificate of Airport Property Interests shall be pledged to airport use and shall not be removed from such use without prior written approval of the State, and the Sponsor shall submit to the State annual statements of airport revenues and 7 expenses as requested, and all fees collected for the use of an mrport or nawgat~onal facd~ty constructed with funds provided under the program shall be reasonable and nondlscnrmnatory The proceeds of such fees shall be used solely for the development, operatmn and maintenance of the Sponsor's system of mrport(s) or nawgatmnal facd~ty0tes) Sponso~ shall not be requned to pledge income received from the m~neral estate to mrport use unless state and/or federal funds were used to acqmre the m~neral estate of atrpoiX lands or any interests therein, anrt m an Airport Fund shall be estabhshed by resolutton, order o~ ordinance m the treasury of the Sponsor, or ewdence of the prior creation of an ex~st~ng mrport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund shall be submitted to the State Such fund may be an account w~ttun another fund, but must be accounted for In such a manner that all revenues, expenses, retmned earmngs, and balances m the account are d~scermble from other types of moneys ~dent~fied m the fund as a whole All fees, charges, rents, and money from any source derived from mrport operations must be deposited ~n sa~d A~rport Fund and shall not be d~verted to the general revenue fund or any other revenue fund of the Sponsor ?all expenditures from the A~rport Fund shall be solely for mrport or mrport system purposes Sponsor shall be mehg~ble for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has comphed w~th the reqmrements of th~s subparagraph, and n the Sponsor shall operate runway hghtmg at least at low intensity from sunset to sunrise, and o insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or in the ~mmedtate vm~mty of the mrport to heights and acttwt~es compatible with normal mrport operattons as prowded in Tex Loc Govt Code Ann §§241 001 et seq (Vernon and Vernon Supp ) Sponsor shall also acqmre and retain aviatton easements or other property ~nterests In or rights to use of land or mrspace, unless Sponsor can show that acqmsition and retentton of such interests will be impractical or w~ll result in undue hardship to Sponsor Sponsor shall be lnehglble for a subsequent grant or loan by the State unless Sponsor has, prior to such subsequent approval of a grant or loan, adopted and passed an mrport hazard zomng ordinance or order approved by the State, and p it wdi prowde upon request of the State, the engmeenng or planning consultant, and the FAA copies of any maps, plans, or reports of the project sae, apphcable to or affecttng the above project, and q after reasonable not,ce, ~t w~ll permit the State, the FAA, and any consultants and contractors associated with this project, access to the project s~te, and will obtmn permission for the State, the FAA, and consultants and contractors assocmted wtth 8 this project, to enter private property foi purposes necessary to this project, and r all development of an airport constructed with program funds shall be consistent wlth the A~rport Layout Plan approved by the State and mamtmned by the Sponsor A reproducible copy of such plan, and all subsequent modifications, shall be filed with the State roi approval, and s it shall take all steps, lnchidmg htigat~on if necessary, to recover funds spent fiaudulently, wastefully, or in violation ofl, ederal antitrust statutes, ol misused in any other manner m any project upon which Federal and State funds have been expended For the purposes of this grant agreement, the term "funds" means funds, however used or disbursed by the Sponsor or Agent that were originally paid pursuant to this or any other grant agreement It shall obtmn the approval of the State as to any determination of the amount of such fimds It shall return the recovered share, including funds recovered by settlement, order or judgment, to the State It shall furnish to the State, upon request, all documents and records pertaining to the determination of the amount of the funds or to any settlement, litigation, negotiation, or other efforts taken to recover such funds All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such funds shall be approved m advance by the State 2 The Sponsor certifies to the State that it will have acqmred clear title in fee simple to all property upon which construction work is to be performed, or have acqmred a leasehold on such property for a term of not less than 20 years, prior to the advertisement for bids for such construction or procurement of facditles that are part of the above project, and within the time frame of the project, a sufficient interest (easement or otherwise) in any other property which may be affected by the project 3 The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the State's agents, employees or contractors fiom all claims and hablhty due to activities of the Sponsor, the Sponsor's agents or employees performed under this agreement The Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the State's agents, employees or contractors from any and all expenses, including attorney fees which might be incurred by the State in ht~gation or otherwise res~sting said claim or liabilities which might be imposed on the State as the result of such activities by the Sponsor, the Sponsor's agents or employees 4 The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement incorporated shall be evidenced by execution of this instrument by the Sponsor, as provided, and the Agreement shall comprise a contract, constituting the obhgations and rights of the State of Texas and the Sponsor with respect to the accomphshment of the project and the operation and maintenance of the airport Such Agreement shall become effective upon execution of this instrument and shall remain in full force and effect for a period of at least 20 years 5 The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project identified above as defined in Title 49 U S C Sponsor agrees to assume responsibility for 9 operation of the facility in compliance with ail apphcable state and federal requirements including any statutes, rules, regulations, assurances, procedures or any other directives before, dunng and at2er the completion oftlns project 6 The Sponsor shall have on file with the State a current and approved Attoiney's Certificate of A~rport Property Iuterests and Exhibit A p~operty map 7 The Sponsor shall have on file w~th the State, Attachment D, Cert~fication Regarding Drug-Free Workplace R.eqmrements, attached and made a part of tins agreement 8 Unless otherwise approved by the State, the Sponsor will not acqmre or permit any contractor or subcontractor to acquire any steel or manufactuled products produced outside the United States to be used for any project for mrport development or noise compatibility for which funds are provided under this grant ~Ihe sponsor will include ~n every contract a provision ~mplementing th~s special condition 9 SPECIAL CONDITION Except for instrument landing systems acqmred w~th AIP funds and later donated to and accepted by the FAA, the Sponsor nmst provide for the continuous operation and maintenance of any navigational aid funded under the AIP during the useful life of the equipment ~lhe sponsor must check the facility, including instrument landing systems, prior to comm~ssmnmg to ensure ~t meets the operational standards The Sponsor must also remove, relocate, or lowe~ each obstruction on the approach or provide for the adequate l~ghtmg or marking of the obstruction if any aeronautical study conducted under FAR Part 77 determines that to be acceptable, and mark and light the runway, as appropriate The Federal Awatmn Administration will not take over the ownership, operation, or maintenance of any sponsor-acquired equipment, except for instrument landmg systems 10 SPECIAL CONDITION For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective airport pavement maintenance management program as ~s required by A~rport Sponsor Assurance Number 11 The sponsor shall use such program for the useful hfe of any pavement constructed, reconstructed, or repaired w~th Federal financial assistance at the airport As a mimmum, the program must conform to the provisions ~n Attachment E "Pavement Maintenance Management Program", attached and made a part ofth~s agreement 11 SPECIAL CONDITION For a project to construct hangar access to privately owned hangar facilities, the sponsor shall require that at the end of the hangar lease period, not to exceed 40 years in total, the hangar(s) shall revert to the sponsor Part IV- Nomination of the Agent 1 The Sponsor designates the State as the party to apply for, receive and d~sburse all funds used, or to be used, m payment of the costs of the project, or ~n reimbursement to either of the parties for costs ~ncurred lO 2 The State agrees to assume the responsibd~ty to assure that all aspects of the grant and project are done in comphance with all apphcable state and federal requirements Including any statutes, rules, regulations, assurances, procedures or any other d~rectives, except as otherwise specifically provided 3 The State shall, for all purposes in connection w~th the project identified above, be the Agent of the Sponsm The Sponsor grants the State a power of attorney to act as its agent to perform the following services Rece~wng Dlsbm sing Agent a apply for, accept, receive, and deposit with the State Treasury any and all project funds granted, allowed, and paid or made avadable by the State and/or the United States under Title 49 U S C and congressional appropnatmn made pursuant thereto, and the Sponsor, b receive, review, approve and process Sponsor's reimbursement requests for approved project costs, and c pay to the Sponsor, from granted funds, the portion of any approved reasonable and ehgible project costs recurred by the Sponsor that are in excess of the Sponsor's share Paying Agent d receive, review, approve and pay invoices and payment requests for services and materials supplied In accordance w~th State executed contracts, Contracting Agent e advertise for professional engineering and/or planning services for, but not limited to, the preparation of planning stu&es, plans and specifications for the above project and for the management of the construction of the above project, certify consultant selection procedures, provide notification of contract award for professional services, and negotmte professional services fees, and execute, on behalf of the Sponsor, a professional services agreement as related to th~s project, f administer Disadvantage Business Enterprises (DBE) and/or Hastoncally Underutdized Business (HUB) Programs in accordance with federal and state regulations Contract Management Agent: g exercise such supervision and direct~on of the project work as the State reasonably finds appropriate Where there is an irreconcilable conflict or difference of opimon, judgment, order or direction between the State and the Sponsor, any engineer, contractor, or materialman, the State shall issue a written order, which shall prevail and be controlhng, h coordinate and review project plans, specifications and constructmn, coordinate 11 and conduct progress and final mqpecttons Construction Phase authorize the advertisement, receipt and opening of bids for construction of the above project, and award contracts for construction of the above project and acqmsitlon of materials related to it, and execute, on behalf of the Sponsor, construction contracts as related to Ibis prolect, J participate in pre-bid and pre-construction conferences, and issue oiders as it deems appropriate regarding construction progress, ~nclud~ng but not hmited to Notices to Proceed, Stop Work Orders, and Change Orders, k review, approve and mmntaln record drawings PART V - Recitals 1 The State and Sponsor shall obtain an audit as reqmred by federal or state regulations 2 The Sponsor, and not the State, shall be the contractual party to all construction and professional serwce contracts entered into for the accomphshment of th~s project The power of attorney, as granted by the Sponsor to the State in Part IV - Nomination of Agent, is a hrmted power to perform acts in connection with mrport improvements as specified in or necessitated by this Agreeinent 3 The Sponsor agrees to pursue and enforce contract items, which are required by federal and/or state regulations, laws and orders to ~nsure satisfactory performance of contract vendors Such items include, but are not limited to, bid bonds, payment bonds, and performance bonds Pursuit and enforcement of contract items may reqmre htigatlon and other remedies of law 4 The Umted States and the State of Texas shall not be responsible or liable for damage to , property or injury to persons, which may arise from, or be incidental to, comphance with this grant agreement 5 This Agreement is executed for the sole benefit of the contracting parties and ~s not intended or executed for the d~rect or incidental benefit of any third party Furthermore, the State shall not be a party to any other contract or comrmtment, wluch the Sponsor may enter ~nto or assume, or have entered into or have assumed, in regard to the above project 6 If the Sponsor fads to comply with the condmons of the grant, the State may, by written notice to the Sponsor, suspend the grant in whole or in part The notice of suspension shall contain the following a The reasons for the suspension and the corrective action necessary to lift the 12 suspension, b A date by which the corrective action must be taken, c Notification that consideration will be g~ven to terminat~ng the grant after the corrective action date In the case of suspension or termination, the Sponsor may request the State to reconsidei the suspension or termination Such request for ieconsideratlon shall be made within 45 days after receipt of the notice ofsuspenslon or ternnnation 7 This Agreement is subject to the applicable provisions of Title 49 U S C, the V T C A Transportation Code, Title 3, Chapters 21- 22, et seq, (Vernon and Vernon Supp ), and the ]urport Zoning Act, Tex Loc Govt Code Ann §§241 001 et seq (Vernon and Vernon Supp ) Failure to comply with the terms of this Agreement or with the rules and statutes shall be considered a breach of this contiact and will allow the State to pursue the remedies for breach as stated below a Of primary importance to the State is comphance with the terms and conditions of this Agreement If, however, after all reasonable attempts to reqmre compliance have failed, the State finds that Sponsor is unwdhng and/or unable to comply with any of the terms and conditions of this Agleement, the State may pursue any of the following remedies (1) require a refund of any money expended pursuant to the Agreement, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any money expended on the project pursuant to the Agreement, provided however, these remedies shall not limit the State's authority to enforce its rules, regulations or orders as otherwise prowded by law, (4) declare this Agreement null and void, or (5) any other remedy available at law or in equity b Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Agreement, or for enforcement of any of the provisions of this Agreement, Is specifically set by Agreement of the parties in Travis County, Texas 8 The State reserves the right to amend or withdraw this Agreement at any time prior to acceptance by the Sponsor The acceptance period cannot be greater than 30 days after issuance unless extended by the State, which extension shall not be unreasonably be demed or delayed 9 This Agreement constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to tlus project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties 10 All commitments by the Sponsor and the State are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including §§5 and 7 of 13 Article 11 of the Texas Const~tution, if apphcable) and to the avmlab~hty of funds which lawfully may be applied 11 The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport ProJect Parhcipation Agreement shalI be evidenced by execution of this instrument by the Sponsor This Offer and Acceptance shall comprise a Grant Agreement, as provided by the Title 49 U S C, constituting the contractual ohhgatlon~ and rights of the United States, the State of Texas and the Sponsm w~th respect to the accomphshmeut of the ProJect and compliance with the assurances and condmons as provided Part VI- Acceptance of the Sponsor The City of Denton, Texas, does ratify and adopt all statements, representahons, warranties, covenants and agreements constituting the described project and incorporated materials referred to in the foregoing Agreement, and does accept the Offel, and by such acceptance agrees to all of the terms and conditions of the Agreement Executed this day of ,2001 The C~ty of Denton, Texas Sponsm Witness Signature Signature ~ Witness T~tle Title Certfficate of Sponsor's Attorney I, /~ '~7~'_F-t.~-~ , actlng as attorney for (~'~ ~ Texas, do ce~l~ that I have ~lly examined the Agreement and the procee&ngs taken by the Sponsor relating, and find that the ma~er of acceptance and executmn, of the Agreement by the Sponsor, ~s In accordance w~th the laws of the State of Texas Dated at ., Texas, th~s day of d ,2001 W~tness S~gnature Atto ~W~tness Tale [ i6 Part VD - Acceptance of the State Executed by and approved for the Texas Transportation Comm~sston for the purpose and effect of acttvatmg and/or carrying out the orders, estabhshed pohems or work programs and grants heretofore approved and authorized by the Texas Transportation Commission STATE OF TEXAS TEXAS DEPARTMENT OF I'RANSPORTATION By Date 15 ATTACHMENTB CERTIFICATION OF PROJECT FUNDS TxDOT Contract No 2XXAV028 £xDOi CSJNo 0218DNTON The Sponsor does certify that sufficient funds to meet the Sponsor's share of project costs as ~dent~fied m the A~rport ProJect Parhc~patton Agreement for said project will be available m accordance with the schedule shown below SPONSOR FUNDS Source Amount Date Avadable State Treasury' $195,800 immediately The Sponsor, has caused this to be duly executed in ~ts name, th~s day of ., 2001 The City of Denton, Texas (Sponsor) 16 ATTACHMENT A CERTIFICATION OF AIRPORT FUND The Sponsor does certify that an garport Fund has been es/abhshed for the Sponsor, and that all fees, charges, rents, and money from any source derived from miport opmations will be deposited for the benefit of the Atrport Fund and will not be divelted for other general revenue fund expenditures or any other special fund of the Sponsor and that all expenditures fiom the Fund will be solely for airport purposes Such fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earmngs, and balances in the account are dlscemlble from other types of moneys identified in the fund as a whole The City of Denton, Texas (Sponsor) Title Dxr. of Management & Budget 17 ATTACII\IENT C PART V tXSSURANCFS A~rport Sponsors I These assurances shall be comph..d ruth in O~e performance of grant agreements for a~rpm~ developm~.nt, a~rpoct pla~mmg, norse compaltbdlty program grants for alrpori sponsors rererredto~s APPA )bysponsorsrequestmgfilndsund[rlheprovlsmr~ol~Tflk49 USC subtttle¥II asamended Asused Duration and Applicability 1 Airport development or Noise Compatlbiht) Program Projects Undm taken by a Public Agency Sponsor The terms cond~tmns and a~surances of the grant agreement shall r~mam m full fore* aad effect throughout th~ useful life of the facd~ttcs d,~velop~d or eqmpmenl acqtnred for an atq~ort dewlopm*nt or nots~ compatibday program project, or tlu'oughout the uscfid hfe of the project items installed w~thm a facdtty undvr a noise compallbthty program project, but m any event not 1o exceed twenty (20) y~ars from the data of aeceptanc,, ora grant offer of Fedural funds for thu project Howewr, there shall be no Imut on the duration of the assurances r~gardmg Exclusive R~ghts and Atrport R~.v,.nu e so long as the airport Is used as an There shalt be no hmlt on the duratton of the terms, conditions and assurances v, ith respect to real prop,.rty acquired with federal funds Furthermore, the duratmn of the Ctvd Rights assurance shall be specified tn the assurances 2Airport Development ol Noise Compatiblhty ProJects Und ectaken b2, a Private Sponsor The preceding paragraph 1 facdlt~es developed or equipment acqmred under an atrport d¢~ dop~nent or nols~ compattblhty program project shall be no kss than ten (10) years from the date of acceptance of l~edcral aid for th~ project 3 Airport Plannlng Undertaken by a Sponsor Unless othec,~s~ sp~c~fied m the grant agreement, only Assurances 1, 2 3 5 6, 13 18 30 32 33 and 34 m section C apply to planmng projects The tcmu conditions and assurances of the grant agreement shall r~mam m full forc~- and efKct dumlg the hfe ofth~ project 1 General ! ederal Reqmt ements It wd{ comply ~th all apphcabh. I ed~ral laws r~gulattons executtve orders, pohclcs gu~d~.hnes and requirements ~ they relale to the project a¢c[ptanc,, and us~ of Federal fi. Ids for thts project ~ncludmg but net lmuted to the following Federal Legislation a 'l~tle 49 U S C subtale VII as amended b Davis Bacon Act- 40 U S C 276(a) ~ i d HCtehAct 5USC 1501 ets[q* e Um form Reloeatmn Assistance and Real Property Acqulsdlon Pohc~es Act of 1970 T~tle 42 U S C 460 f Natlonallh~tonePreservatmnActof1966 Sechonl06 16USC 470(1)a g Archeologlealandl-hstonePreser~atlonActof1974 16USC 469 through 469¢x Ckan Atr Act, P L 90 148 as amended Coastal Zone Management Act, p L 93 205 ~s amen&d k FloodD~sasl~rProtectlonActof1973 Sectlonl02(a) 42USC 4012a~ T~tle 49 ,U S C, Sectmn 303 (form~ly know~ a~ Sechon 4(1)) m Rehabthtat*on Act of 1973 29 U $ C 794 n Cwfl Rsghts Act o~' 1964 T~tle VI 42 U S C 2000d through d 4 o Apl D~scnmmatton Act of 1975 42 U S C 6101 et seq p American lndmn Rehgtous Freedom Act. P L 95 341 as amended q Archttectural Barrters Act of 1968 -42 U S C 4151, et seq t Po~er plant and lndustnal Fuel Use Act of lg?g Section403 2USC 8373 Contract Work Hours and Safety Standards Act 40USC 327 etseq~ Copeland Ant~k~¢kbaek Act 18 U g C 874 ~ u Nattonal Environmental Pohcy Act of 1969 42 U S C 4321, et seq t v Wgd and Scemc R~v*rs Act, P L 90 542 as amended w Single Audit Act of 1984 31 U S C 7501 etse~ * DmgFr~eWorkpla¢¢Actoflggg 41USC 702through706 Exeeuttve Order 11246 Equal Employment Opportumty~ Executtve Order 11990 Protechon of Wetlands E×~cuttve Order 11998 - Flood Plato Management Executtw Order 12372 - Intergovenunental Review of Federal Programs Executtve order 12699 Seismic Safety of Federal and Federally Assisted New Braiding Co~stractmn~ Executtve Order 12898 Enwronmental Jushce 18 a 14 C[RPart 13 Investigative and Enfurc~ment Procedures b 14 CI R Part 16 Rulus of Practice For Federally Assisted Amport Lrd'orcgm~nt Proceedings c 14 CIRPart 150 A~rport norse compattbthty plalm~ng fl 29 Cl~RPart 1 Procedures for pred~terrmnatmn of ~age rates~ e 29 ClRPart 3 Contracthrs and subcontractors on pubhc budding or pubh¢ work financed m whole or part by f 29 CI RPart 5 Labor standards prov~smns apphcabl, to contracts cowrmg f*d~rally financed and ass~s~ed construchon (also labor standards provisions appbcabl~ to non con-~tmctmn contracts subject to the Contract Work ltours and Safety Standards Act) ~ g 41CIRPart60 OffieeoflederalContractComphane~Progran~s ~quallmploymentOpportumty Departlnent of Labor (Federal and federally assisted contracting requlreln[nts) ~ 49 CFR Part 20 New reslnchons on lobbying 49 CFR Part 21 - Nondlscvmunat~on in fed~ralb assisted programs of the D~partment of Transportatmn effectuatmn of Title VI of file C~'al Po ghtr Act of 1964 k 49 CFR Part 23 Pal'tlctpat mn by D~sadvantag~ Bns m~ss Entsrprtse m Auport Concesstons 49 CFR Part 24 Umform relocation psslstance and real property acqmsamn for Federal and federally assisted m 49 CFR Part 26 - Parhe~palmn By D~sadvantaged Business Fnt~rprlses m D~partm~nt of Transportation Programs from Federal requlr¢lnents for drug free workpla¢~ (grants) p 49 CFR Part 30 Demo] ofpubhe ~sorks contracts to supphers of goods and s~v~ees of countries that deny Office of IManqgement and Budget C~rcuhrs (1) Th,.se laws do not appl~, to a~rport planning sponsors (2) These laws do not apply to private sponsors (3) 49 CFR Part 1S and OMB C~rcular A 87 contain requirements For State and Local Govenunents regulatton and ctrcular shall also be appbcable to private sponsors recetvmg Federal ~sslstance under Responsibility and Authority of the Sponsor a Public Agency Sponsor It has legal authority to apply for the grant, and to finance and carry out the proposed project, that a resolution, motion or s~mflar actmn has been duly adopted or passed as an of Bclal act of the apphcant s governing body authorizing the fihng of the APPA, mdudmg all understandmgs and assurances contained thereto, and dlr¢cimg and authorizing the person ldenttfied as the official representahvo of the apphcant to b Prt~ate Sponsor It has legal authority to apply for the grant and to finance and carry out th, proposed project and comply v,~th all t~rms, condmons and assurances of th~s grant agreement It shall designate an offictal representat~w and shalhn writing direct and auth0rtze that person to file thts APPA, including all understandings Sponsor Ftmd Availability B has suffioent funds avadable for that portion ortho groject costs which are not to be pard by agreement x~h~ch it will o~m or control Good Title a Ih a pubho agency or the Federal govemmenh holds good t~tle saris factory to the Secretary, to the landLng area of the a~rport or site thereof or wdl gtve assurance satisfactory to the Secretary that good title wall be aeqmred b For no,se compattbthty program projects to be earned out on the property of the sponsor R holds good t~tl~ satisfactory to the Secxetary to that portmn of the property upon which Federal funds wdl be expended or wdl grve Preserslng Rights and Powers a It ~slll not take or permit any actton which would operat~ to deprive it of any of the rights and powers necessary to perform any or all of the terms, oonddsons and assurances In the grant agreement without the written approval of the Secretary, and wdl act promptly to acquire exXmgutsh or modtfy any outstandtng rights or claans of right of 19 13 Accounting S)stem, Audit, ~nd Record Keeping Requirements a It shall keep all project accounts and records which fully disclose, the amount and d~spostt~on by the recipient o~th¢ b It shall make avadabl¢ to the Secretary and the Comptroller General of the Umted States or any ofthetr duly 20 a certified copy of such authl wlflz the Comptroller G~mral of the Umb. d States not later than slx (6) months following the close of the fiscal y',ar for ',vh~ch the autht ',', as made 14 Minimum Wage Rales It shall include, m all contracts m exc,.ss of $2,000 for work on any projects fund,.d under the grant Labor, m accordance, wdh th~ Davis Bacon Ach as amended (40 U q C 276a 276a 5) wtheh contractors shall pay to skilled and unskilled labor Md such nunlmum rates shall be stated m th', mwtat~on for bids and shall b', included In proposals or bids for the work 15 'Veteran's Prefe~ ence It shall include m all contracts for work on any project fimded und,.~ the grant agreement which 47112 of £1tle 49, United Stales Code Hox~ever, this pref[renc,, shal[ apply only where th', individuals are available and quahfled to peri'omi the v, ork to x~htch the employment r~lates 16 Conformity to Plans and Specifications It will e~.ecute the project subject to plans, specifications and schedules approved subject to approval of the Secretary, and mco¢orated rolo the grant agreement lhroughout the project to assure that the work conforms to the plava speclflcat,ons, and schedules approved by the Se~etary for the project It shall subject the con~tmctmn work on any project contained m an approved project APPA to inspection and approval by the Secretary and such v, ork shall be m accordance ;wth regulations and procedures prescribed by the Secretary Such r,~g~lat~ons and procedures shall requlr', such cost and progr,.ss reporting by the ~ponsor or spot~sors o~'such project as th,. Secretary ~hall deem necessary 18 Planning P~ ejects In canymg out plamnng projects the mothficattoos stmdarly approved b It wall fi.tmlsh the Secretary with such p[nod~c r~ports as required pertaining to the planmng project and planmng c It will include in all pubhshed material prepared in connection w~th the planning project a notice, that the mat,.nal was prepar[d under a grant prov~&d by th,. Umtad States d It wall make such material avadabb, for examination by th~ puhhc, and agrees lhat no material prepared with funds un&r this proJeCt shall be subject to copyright m th~ Umted States or ~my other country e It v, dl g~ve the Secretary unrestnctad authority io pubhsh disclose dsstnbute and other, vise use any el'th* matanal f It wall grant the Seercta~ th~ right to d~sapprove the sponsors employment et' sp,.ctflc consultants and their subcontractors to do all or any part o£th~s project as well as the right to disapprove the proposed scope and cost o£ g It ~dl grant the Secretary the right to d~sapprove the use of the sponsor s employees to do all or any part of the projecl h It understands and agrees that the Secretary's appro;al oi' th~s proJect grant or the ~ccrctary's approval of ~y planmng mab. rlal developed ~s part ofth~s grant does not const~tuta or Imply any assurance or commitment on the part oPthe Secretary to approve any pending or future request for a Federal at~ort grant Operation and blab~tenance a The airport and all t'aclhttes which are necessary to sene the aeronauhcal users of thc a~rporl, other than faelhtles owned or controlled by the United States shall he operated at all t,roes In a sal'~ and serv~¢eabl~ contht~on ~d In accordance w~th the mmunum standards ~ may be reqmred or prescribed by apphcabIe Federal stria and local agencies for mam[enanc~ and operatmn It will not cause or penmt any act~wty or action thereon which would interfere with its use for airport purposes It will suitably operate and maintain the airport and all facdltles thereon or connected therowith, with due regard to chmat~¢ and flood contht~ons Any proposal to temporarily close the a~rport for non aeronautical purposes must fu'st be approved by the Secretary In fuctheranco ofthis assurance the spon~or '.*ill have m effect arrangements for (l) Operating lhe au'ports aeronautical £acdst~es whenever requn'ed (2) Promptly marking and hghtmg hazards resulting fi.om au~ort conthtxom including tampora~y conditions, and (3) Promptly not~fymg airmen of any ¢on&tion affecting aeronautical use of the aaport Nothing contained hereto shall be construed to requ n'e that the airport be operated for aeronautical use dunng temporary periods when snow flood or other ehmah¢ ¢ontht~ons interfere w~th such operation and maintenance Further, ncthm$ herein shall be construed a.s requmng the maintenance repair resloraUon, or replacement of any structure or £acthty which is substantmlly damaged or &strol, ed due to an act et'God or other condmon or circumstance beyond the conlrol et'the sponsor b It will smtahly operat~ and maintain no,se compat~bd~y program ~tams that it evans or controls upon which Federal funds haw been expended 21 b In any agreement, contract, lease, or other arrangenl~nt un~i;r which a right or pnvdege at the awport Is granted to pubho at the airport, ~e sponsor will insert and cn£orce provlslOll~ requmng the contractor to (2) charge reasonable, and not u ajustly d~scrtmmatory prices for each unit or sec,~¢e prow&.d that the contractor c l~ach fixed based operator at the atrport shall be subject Io th~ sam~ rates fees rentals and other charges a~ are um fonnly apphcable to all other fixed based operators making the same or slmdar uses of such airport and utdmng e Each atr career using such mrport (whether as a tenant nontenant, or subtenant of another att career tenant) shall apphcable to all such att carriers which make smular use or'such airport and utthze sundar £amhhes subjec~ to involved utll be provided on the same condlbons as would apply to the £um~shmg of such services by commercial Airport Re~ enues a All revenues generated by the atrporl and any local taxes on avtatmn fuel estabhshed at,er December 30, 1987 wdl be expended by it for the capital or operating cosl~ et'the a~rport thc local atrport system or other local factht~es v, hloh are owned or operated by the owner or operator of the a~rport and which are d~rectly and substant~ally related 22 £acdltlcs Including thc airport, to support not only the airport but also th~ a~rport owner or operator s general debt obhgahom or other factht~es then th~s hm~tahon on th~ use of all rex enu~s generated by th~ a~ort (and m the cast ora pubhc atrport, local laxes on a~*ahon fuel) shall not apply paragraph (a) and indicating '.~hether funds lla~d or Iran~f, rred to the o~¢r or optrator art pa~d or trans['trrcd in a manner consistent w~th'] ltl~ 49 Umted States Codc and a~ly olh~r appbcabi= provts~on of law mcluchng any prowslons of $cchon 47107 of T~tle 49 Undtd Staks Codt 23 color, nabonal origin s~x, ag~ or h~nthcap b; excluded fiom inrtlc~patmg m any activity conducted w~th or benefihng from transferee for thc longer of'the fullowmg periods (a) the period dunng x~ Fu ell thc property ~s used fur a purpose £or which 31 Disposal eli and proceeds of reich thsposltmn wh~cb is proporhonate to th~ Umt~d States sbare ofacqmsdmn of such land wdl, at file dlscrehon of the Secretary 1) be paid Io the Secretary for d~posa in the I mst Fund or 2) be remwstad tn a~ approved nms¢ compatth~hty project as prescnbcd by the Secretary b (1) For land purcbased under a grant for a~rpori development purposes (other than no]se compat~bthty) ~t will when the land ~s no longer needed for airport purposes d~spose of such land at fatr market value or make avadable porhon of the proceeds of such dlsposltton 'Much Is proport mnata 1o the Umted States share o£lbe cost of aequtsthon of such land ~dl, (a) upon apphcat~on to the Secretary, be r,4nvested tn another ehgtble a~rport (b) b~ paid to the Secretary for depomt m the Trust Fund fine ehg~ble project extsts (2) Land shah be considered to be need,~d for airport purposes under this assurance if(a) It may be n~edad for mtertm uses of such land contrthutes to tile financial self suffic*ency of the awport Furthur, land purchased w~th a grant received by an awport operator or o*~nwr b~fore Decemb[r 31 1987 wall be constder,~d to be he,dad for airport purposes If the Secretary or Federal agsney making such grant before December 31 1987, was nohfied by the operator or o~mer of the uses of such land d,d not object to such use and the land continues to be used for that purpose suchusehavmg¢ommencednolaterthanDuc~mber 15 1989 c D~spos*tlon of such land under (a) or (b) will be subJect to the relent~on or reservatmn of any interest or right theretn nec[ssary to ensure that such land wdl only b~ used for purposes whmh are compatthle w~ no,se levels a~socmted 32 Engineering and Deslsn Services It v,d[ award each contract, or sub contract for program management, construction 33 Foreign Marl,et Reslrtctlons It will not allow funds prowded under this grant to be us,.d to fund any project whtch uses any Representative ~s d~nylng fair and eqtutable market opporiumhes for products and supphers of the Umt~d States m 34 Policies, Standards, and Specifications It wall carry out the project m accordance w;th pohc*es standards and specdlcatmr~ approved by the Secretary including but not hmltad 1o the advisory circulars hsted tn the Current FAA. Advtsory Ctrculars for PIP projects, dated 7/1/99 and mcludsd m th~s grant, and In accordance with apphcable state pohctes, standards and specdlcatlons approved by the Secretary ReloeationandRealPropertyAcqulsltion (l) Itwfllbeguldedmacqmnngrealproperty totbegreatestextentpractlcable under State law, by the land acqutsltwn pohc~es tn Subpart B of 49 CFR Part 24 and will pay or relmburse proper~ owners for necessary expenses as specified m Subpart B (2) It will pro~lde a relocation asslslance program offering the services described m gubpart ¢ and fatr and reasonable relocation payments and assistance to d~splaced persons ~s requtred m Subparl D and E of 49 CFR Part 24 (3) It wdl mak~ a~allable within a reasonable period of trine prior to d~splacement, comparable replacement dwellings to dmplaced persons ~n accordance w~th Subpart E of 49 CFR part 24 36 Access By Inter¢itJ. Buses The airport own[r or operator will permit, to the tnaxlmum ex'tent practicable lntarc~ty buses or other modes oftrampomat~on to have access to the airpoa, however ~t has no obhgatton to fund specml factht~es for mterc~ty buses or for other tnodes of transportation 37 Disadvantaged Business Enterprises T~ne recipient shall not thsmm~nate on thc basis of race color national ongtn or sex m the award and performance of any DOT assisted contract or m the admlrastratton or,ts DBE program or the reqmr~'nents of 49 CFR pas~ 26 Th~ Recipient shall take all n¢cessa~' and reasonable steps under 49 CFR Part 26 to ensure non thscnrranatton m lh~ award and adtnmlstratton of DOT assisted contracts Ttte remp~ent s DBE program, as reqmred by 49 CFR Part 26, and as approved by DOT, ~s incorporated by reference tn th~s agreement Implementation of this program ~s a legal obhgatton and fadure to eany out Its terrm shall be treated as a wolatton of thts agreement. Upon notdlcatton to the rectptent of~ta fatlure to carry out ~ts approved program, the Deparbnent may ~mpose sanchons as provided for under Paxt 26 and may, tn appropriate cases, refer the matter for enforcement under 18 U S C lO01and/ortheProgramFraudC~vdRem;thesActof1986(31UgC 3g0t) 2 4 CURRENT FAA ADVISORY CIRCULARS FOR AIP/PI C PROJECI S Updated on 711199 l'h~ following apply to both AlP and PrO Projects NUMBER fITLE 70/7460 1J Obstractton Marking and L~ghtmg 150/5000 13 Announcemenlof^vaflablbty RTCAlnc DocumentRrCA221, Gu*danceand 150/5100 14C Arch~ttclural I ngmcermg, and Plamlmg Comultant Services/'or A~rpod Grant ProJects 150/5200 30A. OHO 1 & 2 purport W~nter Safety and Opcratto~m 150/5200 33 llaz~'dous Wfldh fe Allractants On or Near purporis 150/5210 5B Painting. ivlarkmg and Ll?htmg of Vehml~s Used on an Awpofl 150/5210 13A Wattr Rescue Pla~ ] acfl~t~es and ~ qmpmtnt 150/5210 14A purport l ire and Rescue PLrsonnel Prolectlve Clothing 150/5210 15 purport Rescue & F~refightmg Station Building Design 150/5210 18 Systems for Interactive Framing of purport Persom~el 150/5210 19 Driver's Enhanced Vlston Systtm (DEV8) 150/5220-4B Water Supply Syflems for purcraft Ftr~ and Rescu~ Protectton 150/5220 10B Grade Speclficatmn for Water/Foam Type purcrall Rescue and Ytrefightmg Vehlcles 150/5220 15B Runway Surface Condtlton Sensor Spcclficatlon Gr.de 150/5220 16B Automated Weather Observing Systems for Nom!eederal Apphcatlons 150/5220 17A Deslgu Standards for Atreratl Rescue F~refightmg Tratmng Faedfltes 150/5220 18 Braidings for Storage and Maintenance of purport Snow and Ice Control Equipment and Matmals 150/5220 19 Guide Sp~ctfieat~on for Snlall Dual Agtnt purcrall Rescue and ¥~refightmg Vehmles 150/5220 20, OHO 1 purpod Snow and Ice Control Yqmpm..nt 150/5220 2lA Outde Sp~c*ficalton for Ltf/s Ustd lo Board Alrhne Passengers With Mobdlty lmpalrmenta 150/5300 13, CHG 1, '2, 3 4 5 purport Des~gu 150/5300 14 D~s~gu of purcratt De~cmg Facd~t~s 150/5300 15 Us~ of Value Engineering for Engm~urmg D.~slgu of Atrpost Gram ProJects 150/5320 5B purport Drainage 150/5320 6D A~rpori Pavement Design and Lvalual~on 150/5320 12C iMeasur~mcnt Constr.~ctton and Maintenance o~'Skid Resistant A~rport Pawment Surfaces 150/5320 14 ~rport Lendseapmg for Nmse Control Purposes 150/5320 115 purport Pawment Design for tile Bo~mg 777 Awphne 150/5325 4A. CHG 1 Runway Length RequtrumLnls for purport Des~gu 150/5340 IG' Standards for Airport Markings 150/5340 4C, Clio 1 & 2 lnstallstmn Details for Rum~ay Centerhne'l oucbdo~m Zone L~ghtmg Systems 150/5340 5B, CHO 1 Segmented Circle purport Marker System 150/5340 14B, CHG 1 & 2 Economy Approach L~gbtmg AIds 150/5340 17B Standby Power for Non FAA A~rport Ltght~ng Systems 150/5340 18C, CHG 1 Standards for Airport Slgu Systems 150/5340 19 Taxlway Centerbne Lighting System 150/5340 2 ! purpofl Miscellaneous L~ghtmg V~sual A~ds 150*5340 23B Supplemental Wind Cones 150/5340 24, CHO 1 Runway and Taxlway Edge L~ghtmg System 150/5340 27A PUt to Ground Radio Contsol of A~rpor[ Lighting Systems 150/5345 3D Specification for L821 Panels for Remote Control of purport L~ght mg 150/5345 5A Circuit Selector Switch 150/5345 7D CHO 1 Specification for L824 Underground Electrical Cable for Atrport Lighting C~rcuds 150/5345 10E Specuqcat~on for Constant Current Regulators Regulator Momtors 150/5345 12C Spectficatton for AJ~ost and Hehport Beacon 150/5345-13A Specification for L841 Auxd~ar~ Relay Cabinet Assembly for Pilot Control of purport L~ght mg 150/5345 26B, CHG 1 & 2 Spectflcatlon for L823 Plug and Receptacle Cable Connectors 150/5345 27C Specttlcatlon for W~nd Cone Assembhes 150/5345-28D, CHO 1 Precision Approach path Indicator (PAPI) Systems 150/5345 39B, CHG' 1 FAg. Spec~ficatton L853 Runway and Tax,way Centerlme Retroreflechw Markers 150/5345 42C, CHO 1 Specification for/urport Light B~ses Transformer Housings Junchon Boxes and Accessories 150/534543E Specification for Obstructmn L~ght mg Eqmpment 150/5345 44F, CHG 1 Specdicatmn £or Taxi*say and Ruhr. ay S~gns 150/5345 45A Lightweight Approach L~ght Structure 150/534546A Spec~flcatton for Runway and Ta,uway L~ght F~xtures 150/5345 47A Isolation Transformers for purport L~ghtmg Systems 150/5345 49A Spectficatlon LII54, Radto Control Eqmpment 150/5345 50, CHG 1 Sp~clficat*on for portable Runway Lights 150/5345 51, CHO 1 Speclficatmn for Discharge Type Flasher Eqmpment 150'5345 52 Generic V~sual Ghdeslope Indicators (GVGI) 150/5345 53A, (including addendum) Purport Light mg Equipment Cert~ficatton Program 150/5360 9 Planmng and Destgu o.f purport Terminal Faclbt~es at NonHub Locations 150/5360 I~A Purport S~gumg & Graph,cs 150/5360 13, CHO 1 Planning and Deslgu Guidance for Puq~ort Terminal Factlltles 150/5370 2C Operattonal Safety on Purpo~ During Consh-uctton 25 150/5370 6B Construction Progrcss and Inspe~on Report A~rpo~l Grant l'rogram 150/5370 10A CHG 1, 2, 3, 4 5 6, 7, 8, 9 Standards for Specifying Construcl~on of ~rport~ 150/5390 2A llehporl D~s~gn 26 A £ fAC]~IMEIqT D CERTIFICATION REGARDING DRUG-FREE WORKPLACE ILEQUHIEMENTS A The giantee certLfies that ~t will or will continue to provide a drag free workplace by (a) Pubhshmg a statement notifying employees that the unlawful manufacture, thstnbut~on, dispensing possesmon o~ use ora controlled substance ~s piohibited m the grantee's workplace mid specifying the actions that x~fll be taken against employees roi violat,on o£ such prohthmon Co) Fstabhslrmg an ongoing drag-free awareness program to mfolzn employees about (1) The dangers nf drug abuse m the workplace, (2) The g~antce's policy o£mamtaanng a thug-free workplace, (3) Any avmlable drag counseling rehsbthtat~on, and employee assistance p~ograms, and (4) The penalties that may be unposed upon employees for drug abuse violat~ons occurring m the workplace, (c) Makang it a requirement that each employee to be engaged m thc performance of the grant be given a copy of the statement reqmred by parag~ apb (a), (d) Notifying the employee in the statement reqmred by paragraph (a) that, as a condmon of employmant under the grant, the employee (1) Abide by the terms of the statement, and (2) Notify the employer in writing ofh~s or her conwction for a v~olat~ou of a criminal drug statute occumng m the workplace no later than five calendar days after such conwct~on (e) Notifying the agency m writing within ten calendar days attm receiving not,ce under paragraph (d)(2) flora an employee or otherwise receiving actual nohce of such conwct~on Employers of convicted employees must provide nohce, including potation htle, to every grant officer or other demgnee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices Notices shall include the ~dent~ficatlon number(s) of each affected grant, (f) I akmg one of the following cottons, w~thm 30 calendar days nfrecetwng not~ce under paragraph (d)(2) with respect to any employee who ~s so convicted (1) Taking appropriate personnel action against such an employee, up to and ~ncludmg termination, conmstent with the requirements of the Rehabfl~tahon Act of 1973, as amended, or (2) Reqmnng such employee to parhc~pate sahsfactorfly m a drug abuse assmtance or rehabihtahon program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency, (g) Making a good faith effort to continue to maintain a drag free workplace through tmplementahon of paragraphs (a), CO), (c), (d), (e), and (f), B The grantee may insert In the space provided below the s~te(s) for the performance of x~ork done m connection with the specific grant Place of Performance (Street address, e~ty, county, state, zip code) 215 East McKxnney Denton, Denton County, Texas 76201 Check ffth~ are workplaces o~}~,e that are not identtfied here / C a-J omine~ Dir. of Human Resources T~d N~e ~d T~fie of Sponsor Repr~s~nt~hw 27 AT1 AC}~vlEN f E PAVEMENr MAI1N~fENANCE 1VIANAGEMEN r PROGRAM An effective pavement mamtenance management program ~s one that dctads thc procedures to be followed to assuic that proper pavement mamtenance, both prcventahve and repair, ~s performcd An torpor[ ~ponsor may use any form of inspection program ht deems appropriate Thc program must, as a mm,mmv, include the following 1 Pavement Inventory I he following must bc depicted m an appropriate furm and lcvel of details Locahon of all runways, tax,ways, and aprons Dn'nenslons Type of pavement Year of construchon or most recent rehabthtahon For compliance with the An'pot[ Improvement Program assurances, pavements that have been consh~cted, reconstructed, or raptured with Federal finanmal assistance shall be so depicted 2 Inspection Schedule a Detmled Inspection A detaded inspection must be performed at least once a year If a history of recorded pavemant detenorahon ~s avmlable, 1 c Pavement Conthtion Index (PC].) survey as set forth m Advisory C~ranlar 150/5380-6, Gmdehnes and Procedures for Maintenance of Airport Pavements, the frequency of mspechons may be extended to three years b Dnve-bylnspechon Adrive-bymspectionmustbeperformedammimumofoncepermonthtodetcct unexpected changes m the pavement condR~on 3 RecordKeepmg Completetrfformahononthefindmgsofalldetaltedmspcettonsandothermamtenance performed must be recorded and kept on file £or a rmmmum offive years The types of d~stress, their locahons, and remcdml action, scheduled or performed, must be documented The minim mfommhon to be recorded ~s hsted below a ~nspechon date b location c d~stress types d maintenance scheduled or performed For drive-by inspections, the date of mspechon and any maintenance performed must be recorded 4 Information Retrieval An au'port sponsor may use any form of record keeping ~t deems approprmte, so long as the mformat~on and records produced by the pavement survey can be re.eyed to prowde a report to the FAA as may be requtred 5 Reference Refer to Adv~soE~ Ctrcular 150/5380 6, Guidelines and Procedures for Mmntenance of Auport Pavements, for specie gmdelmes and procedures for maintaining airport pavements and estabhsl~ng an effective maintenance program Specific types of distress, theu' probable canses, inspection guidelme, and recommended methods ofrepmr are presented 28 AGENDA INFORMATION SHEET AGENDA DATE December 4, 2001 DEPARTMENT Legal Department CM/DCM/ACM Herbert L Prouty, City Attorney SUBJECT' Consider and adopt an ordinance authorizing the Ctty Manager of the City of Denton, Texas, to execute a Professional Services Contingent Fee Agreement wlth the Strasburger & Price, L L P and the Sayles, L~djt & Werbner, L L P Law Ftrms to prosecute htlgatmn styled The Ctty of Denton, et al v TAU, et al, Cause No 009383, now pending ~n the th 134 Judicial District Court of Dallas County, Texas, and to perform other legal services in accordance with that contingency contract, amending and replactng the current contract for professtonal legal servmes wtth Strasburger and Price, L L P, authorizing the expenditure of funds for expert w~tness fees and court costs, authorizing an assessment not to exceed $ 25 per capita to pay such costs, designating a hmson, and provtdlng an effecttve date BACKGROUND INFORMATION. On June 6, 2000, the Ctty of Denton retmned the firms of Strasburger and Price L L P and Bueek and Frank, L L P to file stat to collect delinquent franchise fees owed the City by TXU Electric Company and TXU Gas per an audit performed by Dtversffied Utthty Consultants, Inc (DUCI) On June 7, 2000, the City filed suit against TXU The 393rd D~stnct Court of Denton County, Texas issued a temporary restraining order (TRO) commanding TXU to refrmn from destroying or otherwtse dtsposlng of records relating to the payment of franchise fees to municipalities m the State of Texas and granted Denton's apphcatlon for expedited discovery The restralmng order was converted into an agreed temporary injunction Thtrty-slx other cities have joined Denton m the htlgat~on In October of 2000, the City Council joined with the other cities tn forming a Steenng Commtttee and agreed to assessments equal to $ 50 for each person res~dtng tn the mty based on the 1990 population In November of 2000, the cities elected a five-person Steering Committee to manage and make key decisions m the ht~gatlon in consultation wtth the Strasburger and Price law firm About the same time, the ht~gat~on was transferred from the Dtstnct Court in Denton County to the 134th Judicial District Court of Dallas County, Texas Since TXU's matn offices were in Dallas, a venue in Dallas was a more convenient location for some of the other cities in the httgatlon and the venue was also more convement to the Strasburger and Price law firm whose mmn offices are in Dallas This was seen as a way to make the ht~gatlon proceed more effimently Since November 1, 2000, the Steenng Committee has assumed the responsthdlty for paying the future legal, consulting and court fees that accrue tn prosecuting thts dehnquent franchise fee litigation agmnst TXU The Steenng Committee ~s composed of representatives from the C~ty of Fort Worth, Carrollton, Pdchland Hills, Phlugervllle, and Denton There have been two separate $ 25 assessments to the cttres to fund the litigation As the case nears trial in July of 2002, the Steenng Committee in consultatton with Strasburger has determined that it will be beneficial for the cities to enter into a Professional Services Contmgent Fee Agreement (Agreement) with the Strasburger and Price, L L P firm and the Sayles, Lldj1 & Werbner, L L P firm We have provided information on the Sayles firm and additional reasons for the necessity of converting to a contingent fee arrangement in the status report CONTINGENT FEE ARRANGEMENT Under the Agreement, both the Strasburger and Sayles law firms would jointly represent the City They would recover nothing in the way of attomey fees if they are not successful in obtaining a judgment or a settlement in favor of the cities In the event such a favorable judgment or settlement is obtained, the cities would pay to the law firms a contingent fee as follows 1 Twenty percent of the amount collected ~flt ~s collected before February 11, 2002 2 Tfurty percent of the amount collected fi.om February 12, 2002 until the commencement of trial 3 Thirty-five percent of the amount collected after trial is commenced (We are currently negotiating to try to reduce this to thirty-three and a third percent ) 4 Forty percent of the amount after the commencement the second trial or the fihng of an appeal The contract also provides that the law firms will share tn the present cash value of the non- monetary benefits of the settlement as agreed by the law firms and the Ctty This relates to any amount that might be recovered as a result of proof that TXU underpaid the 1998 electric franchise fee Since future TXU electric fees will be based on a kilowatt hour charge determined by &mdlng the 1998 franchise fees by the number of kilowatt hours, the finding of an underpayment which would result in a greater kilowatt hour charge This would result in more franchise revenue for the cities prospectively For the reasons set forth in the status report, I cannot recommend that you agree to this non-monetary portton of the contingency contract Finally, m paragraph SlX, the cities agree that they will be responstble for all reasonable expenses lncun'ed in connection wtth the ht~gatlon, Including but not hmlted to court costs, filing and service fees, deposition and transcript costs, consultant fees, and expert witness fees This will entatl an additional per capita assessment to the cities based on the 2001 census of either $ 25 per capita or $12½ per capita Section (2) of the Agreement provides that the cities will recover all attorneys' fees and expenses prevtously pard out of Strasburger and Price's portion of any attorneys' fees recovered This means that all previous expenses in the litigation will be deducted from Strasburger's portion of any contingent fee recovery FISCAL INFORMATION The assessment for reasonable expenses for the City of Denton is calculated as follows at $ 25 per capita (a) TXU/Lone Star Gas will have an assessment of $12½ Denton's 2001 census of 80,537 The first assessment will be equal to $10,067 12 If on January 1, 2001, CoServ ts prowd~ng gas to Denton customers, the $10,067 12 would be reduced tn proportion with the percentage of accounts TXU/Lone Star Gas had tn relatton to the total number of gas customers in Denton $ .Our Doemtl,nt~/aganda mformalm, ,he~t st~af~rger & SaYles doc Page 2 (b) TXU Electric and CoServ Electric, Denton would have the assessment of $10,067 12 reduced by the percentage of customers in Denton purchasing electnmty from Denton Electric and CoServ Electric For example, TXU has about 900 customer and CoServ about 600 customers The 900 TXU electric customers will be dlwded by the total electric customers in Denton which ~s approximately 40,000 (38,500 DME, 900 TXU and 600 CoServ) as of January 1, 2001 The $10,067 12 assessment on the gas side will be mult~phed by the percentage obtained 2 25 percent (900/40,000) This will result m an electric assessment of $226 51 or a total assessment for gas and elect'nc of approximately $10,293 63 (e) If the Steenng Committee decides on an assessment based on $12½ per capita, the amount of the assessment would be about one-half or $5,146 82 Under the Steenng Committee gmdehnes, no c~ty would be required to contribute more than 10% of the amount of Dlversffied Utility Consultants, Inc's audit that city is entitled to in dehnquent franchise fees The most recent figures on DUCI's audit shows Denton's damages m excess of $1,000,000 OPTIONS' 1 The City Council can approve the Ordinance and hire the Stmsburger and Sayles law firms on a contingent fee basis and approve another $ 25 per capita assessment 2 The City Council can approve the Ordinance without the non-monetary benefit of the settlement contingent fee clause m the Agreement and approve the assessment 3 The City Council may elect not to approve the Professional Services Contingent Fee Agreement with the Strasburger and Sayles law firms and continue to pay on an hourly bas~s The status report Indicates the most recent estimates of the costs of pursuing ht~gatlon on an hourly basis 4 The C~ty Council may approve the Ordinance with additional changes to the Professional Services Contingent Fee Agreement 5 The City Council may disapprove the Ordinance and choose not to pursue the litigation agmnst TXU Staff recommends City Council choose Option 2, the adoption of the proposed Ordinance with the non-monetary benefits clause removed and the authorization of the additional $ 25 assessment per capita to pay litigation costs Respectfully submlttgd, Herb Prouty City Attorney ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTINGENT FEE AGREEMENT WITH THE STRASBURGER & PRICE, L L P AND THE SAYLES, LIDJI & WERBNER, L L P LAW FIRMS TO PROSECUTE LITIGATION STYLED THE CITY OF DENTON, ET AL V TXU, ETAL, CAUSE NO 009383, NOW PENDING 1N THE 134TM JUDICIAL DISTRICT COURT OF DALLAS COUNTY, TEXAS, AND TO PERFORM OTHER LEGAL SERVICES IN ACCORDANCE WITH THAT CONTINGENCY AGREEMENT, AMENDING AND REPLACING THE CURRENT CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH STRASBURGER AND PRICE, L L P, AUTHORIZING THE EXPENDITURE OF FUNDS FOR EXPERT WITNESS FEES AND COURT COSTS, AUTHORIZING AN ASSESSMENT NOT TO EXCEED $25 PER CAPITA TO PAY SUCH COSTS, DESIGNATING A LIAISON, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on the 6th day of June, 2000, the City of Denton entered into a contract for professional legal services with the law firm of Strasburger and Price, L L P to initiate and prosecute litigation against TXU Electric and Gas and to perform other legal services in accordance with that contract, and WHEREAS, the Strasburger & Price, L L P initiated litigation against TXU Electric and Gas styled, The Ct~y Of Denton, et al v TXU,, et al currently pending as Cause No 009383 and pending in the 134tn Judicial District Court of Dallas County, Texas, and WHEREAS, thirty-six other cities have joined the City of Denton in tfus litigation, and WHEREAS, a Steenng Committee has been formed to make key decisions m this litigation composed of five members from the cities of Fort Worth, Carrollton, Pdchland H~lls, Pflugervflle, and Denton, and WHEREAS, the Steenng Committee has recommended that the reties employ the law firms of Strasburger and Pnce, L L P and Sayles, L~dj~ & Werbner, L L P, and WHEREAS, under the Agreement the reties will agree to pay all reasonable expenses, ~nclud~ng court costs, fihng and service fees, deposition and transcript costs, consultant fees, expert w~tness fees, and in order to meet th~s commitment it will be necessary for the cities to agree to one more per capita assessment, and WHEREAS, the City Council has determined that the hlnng of the above law firms on a contingent fee barns ~s necessary to continue to successfully prosecute th~s litigation, and WHEREAS, Chapter 2254 of the Tex Gov't Code, known as the "Professional Services Procurement Act," generally provides that a c~ty may not select a prowder of professmnal services on the barns of competlUve bids, but must select the provider on the bas~s of demonstrated confidence, knowledge, and qualifications, and for a fair and reasonable price, and WHEREAS, City Council has previously selected the law firm of Strasburger and Price, L L P on the basis of requests for proposal and has determined that Strasburger and Price was the best finn available based on its demonstrated confidence, knowledge and qualifications, and WHEREAS, Strasburger and Price has recommended the firm of Sayles, Lldj1 & Werbner who has proved the Steenng Committee with information that demonstrates It is well quahfied to represent the cities based on demonstrated confidence, knowledge and qualifications and demonstrated ability, and WHEREAS, the contingency arrangement IS consistent with similar contingent fee engagements with attorneys m complex htlgatlon similar to this lmgat~on and therefore is deemed by the City Council to represent a fair and reasonable fee, NOW', THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Council approves and the C~ty Manager ~s hereby authonzed to execute a Professional Services Contingency Fee Agreement (Agreement) with Strasburger and Price, L L P and Sayles, Lldj1 & Werbner, L L P to continue to prosecute the case styled The City Of Denton, et al v TX~, et al, as referred to above, m substantially the form of the Agreement and attached hereto and incorporated herewith by reference SECTION 2 That the award of tins Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of Strasburger and Price and Sayles, Lldjl & Werbner and the demonstrated ablhty of Strasburger and Price and Sayles, Lldj1 & Werbner to perform the services needed by the City for a fair and reasonable price SI~CTION 3 That the expenditure of funds as provided in the attached Professional Services Agreement IS hereby authorized SECTION 4 That this Agreement shall amend and supercede that certain contract for professional legal serwces between the City and Strasburger and Price, L L P made and entered into on June 6, 2000 SI~CTION 5 That the City of Denton agrees to contribute an amount not to exceed $ 25 for each individual residing within its corporate hmlts based on the 2000 U S Census (except for such portion of ItS population that may not be residing within the TXU/Lone Star Gas service area) or $2,000, whichever is more, to underwrite the court costs, filing and service fees, the depos~non and transcript costs, consultant fees, expert witness fees on behalf of the c~tles ~n th~s matter The $ 25 [or $1,000 ffapphcable] being due on or before December 31, 2001 Provided, however, ,Denton's assessment will be reduced by multiplying $ 25 t~mes its 2001 population times the ratio derived by dividing the total number of TXU and CoServ electric customers by the total number of Denton electric customers and the total number of TXU Lone Star Gas customers by the total number of Denton gas customers Page 2 of 2 SECTION 6 That Herbert L Prouty, City Attorney for thc City of Denton, or his designee shall be the City's pnmary contact and liaison in this matter and such individual shall be eligible to serve on "Steenng Committee of Cities Participating in the TXU Franchise Litigation" as its Treasurer Notices to the City should be addressed as follows Name/Title Herbert L Prouty, City Attorney City/Address City of Denton, 215 E McKmne¥, Denton, Texas 76201 Telephone (940) 349-7799 Fax (940) 382-7923 E-mml hlprouty~mtyofdenton corn SECTION 7 That the hmson named above is authorized to take those steps reasonable and necessary to comply with the intent of thru ordinance and the liaison and the City Manager are authorized to make the expenditures required by this ordinance SECTION 8 That this Ordinance shall become effective immediately upon its 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, CIT, Y ATTORNEY Page 3 of 3 November 16, 2001 DAVID J LABRE(~ 214.6Sl 4752 dawd In~c~tm~bu~Jor corn CONFIDENTIAL. A~ORN~-CLIENT PRIVILEGE PRIVILEGED COMMUNICATION WORK PRODUCT Mr Herbe~ L Pm~, C~ Attorney Ci~ of Denton, Te~s 215 E Mc~nney Street Denton, Texas 76201 RE C~ of Denton et al v ~U Ele~nc Company et al 134~ Judicial Distnct, Dallas Count, Texas Cause No 009383 Dear Herb We propose the following contingent fee agreement ("Agreement~) be~een the hsted on the affached Exhibit "A~, (hereinafter refeffed to colJecbvely as "the C~tles"), Strasburger & Price, L L P and Sayles, Lidj~ & Werbner, L L P, (hem~nafler referred colle~vely as "the Affomeys") This contingent fee agreement will super~de Stmsburger & Pn~'s existing fee agreement with the C~hes on th~s maffer (1) In consideration of seduces rendered and to be rendered by the A~orneys, m pros~on of a ~se s~led the C/ty of DenOn, et al v ~U, et al, Cause No 009383, now pending In the 134th Judicial D~stn~ Cou~ of Dallas Coup, Texas, ~e C~tles hereby agree to pay to Affomeys a sum equal to a 20% of all money and pmpe~ collected ~n saturation of any se~lement or judgment from the date of thru tetter until Februa[7 11, 2002, b 30% of all money and prope~y collected ~n sati~achon of any settlement or judgment on or ~er Februa~ 12, 2002 until the ~mmencement of ~al, c 35% of all money or pmpe~y collected in satl~a~on of any sefflement or judgment ~er the commencement of trial, 672451 1/SPG/2912110104/11182001 ~lreSburger Fa Pr~cc, LiP 901 M~ln 5~eet, Suite ~300 Dottas Texa~ 75~0~ 379~ * ?H 651 4~00 ts[ ~14 6S143~0 fa~ w~ strasburger eom StrosbuFger Mr Herbert L Prouty, City Attorney November 16, 2001 ~age 2: d 40% of all money and property collected in satisfaction of an,if sefflement or judgment e~ther after the commencement of a sec.l lid trial or the filing of an appeal by either party, (2) It is understood and agreed that all invo:cas for Attorneys fees and expenses incurred by the Cities up to the date of this letter sharl be pa:d ~n full by the Cities, but that such payments shall be credited as a nan- refundable advance on Strasburger & Price, L L P's portion of any Attorneys' fees recovered, as set forth in paragraphs (1) (3) The Attorneys and the Cities agree that :f the Cities recover future benefits, or benefits that do not have a present cash value, the Attornelr,.. and the Cities agree to negotiate in good faith in an effort to determine ,~ present cash value of said benefits In the event that an agreement carl not be reached between the Attorneys and the C~tles as to the present cash value of said benefits, the parties agree to retain the services of ti C P A firm of Deloitte & Touche, L L P to make an appraised present cash value of such benefit The parties w, II be bound by the determination of the present cash value by the C P A firm of Deloiffe & Touche, L L P and the costs of Deloitte & Touche, L L P services shall be shared equally between attorneys and c~tles, (4) It ~s understood that Attorneys' fees recovered m connection with thru agreement shall be shared equally between Strasburger & Price, L L P and Sayles, L~djt & Werbner, L L P, (5) It :s understood and agreed that the work to be performed by the Afforneys in connection with this agreement shall be shared equally between Strasburger &Pnce, L L P and Sayles, Lldjl & Werbner, L L P, (6) The Cities agree that all reasonable expenses incurred :n connection wi this agreement, including but not hm~ted to court costs, fihng and serv~c(, fees, deposition and transcript costs, consultant fees, and expert witnesses fees, shall continue to be pa~d timely by the Cihes. (7) The Attorneys shall maintain m effect dunng the pendency of this case Professional liability coverage in an aggregate amount of not less thar: ~ million for neghgent professional acts, errors and omissions, 07245~ 11$pnJ2aq21101041111§2001 Mr He~tbert L Prouty November 16, 2001 Pa(3e 3 (8) This agreement supercedes any prior understandings or written or oral agreements between the parties with respect to attorneys' fees, (9) Th~s Agreement may be executed ~n two or more counterparts, each of which shall be deemed an ongmal, but which together shall constitute, ina and the same agreement, and, (10) All signatories to this agreement represent to the other party slgnatene that they have authority to bind the party for whom they sign to the tem~ of this agreement The State Bar of Texas requires that we prowde the following ~nformaflon The State Bar of Texas investigates and prosecutes professional misconduct commiffed by Texas attorneys. Although not every complaint against or dispute with a lawyer involves professional misconduct, the 8tare Bar Office of General Counsel will provide you with information about how to file a complaint. For more infom3ation, call toll free (800) 9;32-1900. Please do not hesitate to contact me if you have any questions DJL hdb Enclosure cc Steenng Committee Sayles, Lidj~ & Werbner, L L P Kev~n Magulre 672451 1/SPOD~f2110104/11162001 IN WITNESS HEREOF, the C~ty of Denton, Texas has caused th~s Agreement to be executed by its duly authorized C~ty Manager, through ~ts duly authorized undersigned officer on this the day of ., 20 CITY OF DENTON, TEXAS MICHAEL A CONDUFF CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ' ~ $ ~.r~rcje r Mr Herbert L Prouty November 16, 2001 Pa~e 4 ST~'~ E_XHIBIT A ~YLES, LIDJI & WERBNER, L L P ~ITY OFi ARGYLE CiTY OF IBENBROOK CITY Of BOWIE - CITY OF BRIDGEPORT ~l'rY OF I~URLESON CITY Of CARROLLTON ~ S~,~,~.rger Mr H®rb®tt L Prouty November 16, 2001 Pa(3e 6 CITY OF' GREENVILLE ~ITY OF HALTOM CITY CITY OF IOWA PARK CiTY Of KAUFMAN CITY OF KEENE CITY OF LAKE WORTH CITY OF LEANDER CITY OF LEWISVILLE -- 672451 115P0/2912110104/11162001 Mr H~rb~tt L Prouty Nowmb~r ~6, 2001 Pa~e 7 CITY OF NACOGDOCHES CITY OF ODESSA CITY OF PALESTINE CITY OF PARIS CiTY Of PFLUGERVILLE ~ITY OF RICHLAND HILLS -- CITY OF RIVER OAKS 672451 115P0/291211010,411116200'1 Mr Herbert L ~rout¥ November 16, 2001 Pa~3e 8 CITY OF ROBINSON CITY OF ROUND ROCK CITY OF SANGER CITY OFSHERMAN CITY OF $OUTHLAKE CITY OF TROPHY CLUB CITY OF WATAUGA CITY OF WOODWAY 672451 I/sP~39121/0104/11162001 AGENDA INFORMATION SHEET la~_ /~'~ · ~ / . AGENDA DATE December 4, 2001 DEPARTMENT Legal/Parks & Recreation Department CM/DCM/ACM Jerry E Drake, Jr, Semor Assistant City Attorney/Litigation Chief SUBJECT. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE PLANTING OF AN EASTERN RED CEDAR TREE AT THE BAYLESS-SELBY MUSEUM BACKGROUND: The City of Denton has removed an Eastern Red Cedar tree from the City of Denton Landfill Denton County has andlcated that they would hke to have the tree planted at the Bayless-Selby Museum The City would like to plant the tree at the Bayless-Selby Museum to avoid having to destroy the tree, but does not wash to recur potential hablhty m doing so Insofar as planting the tree necessitates driving a track onto the property and digging, staff wishes to avoid potential property damage clmms for spnnkler damage and the hke OPTIONS. Plant the tree at the Bayless-Selby Museum, or destroy the tree RECOMMENDATION: The Parks & Recreation Department recommends the plant the tree at the Bayless-Selby Museum, and the Legal Department recommends execution of this agreement to protect the City from possible hablhty to the County PRIOR ACTION/REVIEW (Council, Boards, Comm~aalons): None FISCAL INFORMATION' None Respectfi~y___~. s,abmt~.~ ORDINANCE NO AN ORDINANCE APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE PLANTING OF AN EASTERN RED CEDAR TREE AT THE BAYLESS-SELBY MUSEUM, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Ctty Council hereby approves an Interlocal Cooperation Agreement between the C~ty of Denton and Denton County to prowde for the planting of an Eastern Red Cedar tree, a copy of wluch is attached hereto and incorporated by reference hereto, and the Mayor, or m her absence the Mayor Pro Tem, ~s hereby authorized to execute said Agreement on behalf of the C~ty SECTION 2 That th~s ordinance shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED tins the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT THIS AGRENa~ENT is made and entered into by and between the CITY OF DENTON, TEXAS, a Texas Mummpal Corporation (herelnai~er "CITY") and DENTON COUNTY, TEXAS (hermnat~er "COUNTY"), each organized and exmtmg under the laws of the State of Texas, aotmg by and through and under the anthonty of thmr respective govermng bodies and officmis, and WHEREAS, CITY and COUNTY are local governmental ent~t~es orgamzed under the laws of the State of Texas, and both of whom have the authority to perform the senaces sot forth m flus Agreement ~nchwdually, and who mutually desire to enter ~nto an mterlocal cooperation agreement, as provided for in Chapter 791 of the Texas Government Code ~n order to max~unze the benefits to the mtlzens of CITY and COUNTY to be demved from each taxpayer dollar expended, and WHEREAS, COUNTY demres CITY to plant an Eastem Red Cedar tree at or near the Baylass-Selby Museum located at 317 West Mulberry in Denton, Texas, WHEREAS, COUNTY, by ~ts duly~authorized Cununmmoner's Court, has given spaclfic written advance approval for entenng ~nto thru Agreement w~th CITY, as requn'ed by Tex Oov't Code §791 014(a), and NOW THBREFORE, CITY and COUNTY, for and in conmderal~on of the premises and the mutual covenants sot forth m flus Interlocal Cooperot~on Agreement, and pursuant to the authority granted by the gnvermng bodies of each of the part~es hereto, in accordance with Tex Gov't Code §791 011(d)(1), do hereby AGREE as follows ARTICLE 1 INCORPORATION OF PREAMBLES All mat~ers and remtat~ons stated m the preamble to ttus Agreement are true and correct and are hereby incorporated by reference rote the prov~mons of thru Agreement for all purposes ARTICLE 2 PURPOSE OF AGREEMENT The purpose of flus Agreement ~s, as designated in the preamble, to ewdence the agreement of CITY and COUNTY to prowde for the planting of an Eastern Red Cedar tree at or near the Bayless-Selby Museum ARTICLE 3 TERM OF AGREEMENT TI'us Agreement shall be effective as of the day of , 2001 and shall continue m force and effect until all rcqmrements are satisfied The parties may each elect to terminate th~s Agreement, as pernutted under the provmons of Article 4 hereunder, except that the terms of the mdcrmuficahon and hold harmless prows~ons contmned vatlun Article 8 shall survive such termlnatton ARTICLE 4 TERMINATION OF AGREEMENT This Agreement terminates upon the first to occur of the following events A, By mutual wnttan agreement of CITY and COUNTY, or By e~ther party, if a par~y defaults or breaches any of the terms or con&twns of tins Agreement and such default or breach ~s not cured within 60 days after written not,ce by the non-defanltmg party to the defaulting party ARTICLE 5 CONSIDERATION TO BE PAID OR AFFORDED BY CITY TO COUNTY The c, ons~deratmn to be prod or afforded by CITY to COUNTY for the term of this Agr~..emant, is as follows A CITY shall a~sume responsibility for furmslnng and planting an Eastern Red Cedar tree at or near the Bayless-Selby Museum, and B CITY agrees to provide staffing, eqmpment, and matenal necessary for the planting of such tree ARTICLE 6 CONSIDERATION BY COUNTY The e, onslderahon to be prod or afforded by COUNTY to CITY for the term of this Agreement, is as follows A COUNTY shall cooperate with CITY, and shall facd~tate CITY's planting of the Eastern Red Cedar tree B COUNTY shall lndemnll~ and hold harmless CITY of and from any neghgence associated w~th such a~t~, INCLUDING ACTS OF CITY'S SOLE OR PARTIAL N-BGLIGRNCE, as set forth m Arhcle 8 2 ARTICLE 7 FORCE MAJEURE Events of Force Majeure shall mean any contingency or cause beyond the reasonable control of a party including, w~thout hmitat~on, acts of God or the public ene~ny, war, not, civil commotion, msurrect~on, government or de facto government action (unless caused by acts or omissions of the party), fires, explosions, rmn or other weather delays, floods, strikes, slowdowns or work stoppages ARTICLE 8 HOLD HARMLESS TO THE EXTENT ALLOWED BY THE CONSTITUTION AND STATUTES OF THE STATE OF TEXAS, AND WITHOUT WAIVING ANY NvfMUNITY OR LIMITATION AS TO LIABILITY, COUNTY AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS CITY, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, OR ATTORNEYS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, AND LIABILITIES OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY FEES, FOR INJURY OR DEATH OF ANY PERSON, OR FOR DAMAGES TO ANY PROPERTY, REAL, PERSONAL, OR INTELLECTUAL, ARISING OUT OF OR IN CONNECTION WITH THE PLANTING OF THE EASTERN RED CEDAR TREE THAT IS THE SUBJECT OF THIS AGREEMENT, INCLUDING WHERE THE INJURY OR DEATH OR DAMAGE IS CAUSED BY THE SOLE NEGLIGENT ACTS OF CITY, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, OR ATTORNEYS ARTICLE 9 GOOD FAITH NEGOTIATION AND DISPUTE RESOLUTION Whenever a dispute or disagreement arises under the terms of this Agreement, the parties agree to enter into good froth negotiat~ons to resolve such disputes If the matter continues to remain unresolved aflcr good £aith negotiations by the parties, then the matter shall be referred to outside mediation This provision is mandatory, and shall be a condition precedent to the flhng of any htigat~on by either or both parties ARTICLE 10 ASSIGNABILITY/CONSENT Except as otherwise provided herein, or except as may be hereafter determined by the parties, no party to this Agreement may sell, assign, or transfer its interest m this Agreement, or any of ~ts right, duties, or obhgat~ons hereunder, w~thout the prior written consent of the other party Whenever the consent or the approval of a party is required herein, such party shall not unreasonably withhold, delay, or deny such consent or ~pprowl, ARTICLE 11 NOTICE Any nolace given by one party to thc other in conncct~on wath this Agreement shall be in writing and shall be by personal delivery, sent by registered m~ul or certified mlul, or by U S Mml, return r~e~pt requested, postage prepasd, to CITY Office of the City Manager C~ty of Denton, Texas 215 East MeKumey Denton, Texas 76201 COUNTY Office of the County Judge Denton County, Texas 110 West Hickory Denton, Texas 76201 Nottce shall be deemed to have been received on the date of receipt as shown on the return receipt or other wntten evidence of reeetpt ARTICLE 12 MODIFICATION No waver or modification of this Agreement or of any covenant, condihon, hmttat~on herein contained shall be valid unless in wntlng and duly executed by the party to be charged therewith No evtdence of any wmver or mochficatlon shall be offered or received m evidence m any proceeding arising between the parties hereto out of or affecting flus Agreement, or tho rights or obhgahons of the parties hereunder, unless such wmver or modtfieahon is in writing, duly executed The pm,es further agree that the pvowstons ofthts Article will not be wmved unless as herein set forth ARTICLE 13 SAVINGS/SEVERABILITY In the event that any one or more of the provisions hereof contained in this Agreement ~hall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, lllegahty, or unenforceabihty shall not effect the other pro,asious, and the Agreement shall be eoustrued as if such invalid, illegal, or unenforceable provision had never been contmned in tins Agreement ARTICLE 14 GOVERNING LAW AND VENUE This Agreement shall be construed under and governed by, and in accordance with the law~ of tho State of Texas, and all obhgaUon~ of tho parties h~r~to, created by th. la Agreement are performable tn Denton County, Texas Venue of any suit or cause of cotton under flus Agreement shall lie exclusively m Denton Coumy, Texas ARTICLE 15 ENTIRE AGREEMENT Tins Agreement and the exlubits attached thereto, constitutes thc entire agreement among the part~es hereto w~th respect to the subject matter hereof, and supersedes any pr~or understandings or written or oral agreements between the pames with respect to the subject matter of thts Agreement No amendment, modification, cancellation or alteration of the terms of this Agreement shall be binding on any party hereto unless the same is m writing, dated subsequent to the date hereof, and ~s duly authorized and executed by the pames hereto ARTICLE 16 WAIVER OF TERMS AND CONDITIONS The fmlure of either party to enforce or msmt upon comphance w~th any of the terms or con(ht~ons of this Agreement shall not constitute a general wmver or relmqmshment of any such terms or condlttons, but the same shall be and remmn at all t~mes m full force and effect ARTICLE 17 AUTHORITY OF PARTIES Thru Agreement is mede by and entered rote by the duly-authorized officials of each respecttve governmental entity ARTICLE 18 CAPTIONS The captwns eontmned in flus Agreement are for ~nformatlonal purposes only and shall not m any way affect the substantive terms or conditions of thru Agreement ARTICLE 19 COUNTERPARTS TIns Agreement may be executed ~n any number of counterparts, each of winch shall be deemed an onglnal, and constitute one and the same ~nstmment IN WITNESS WHEREOF, the City of Denton, Texas has caused this Agreement to be executed m two original counterparts, by xts duly-authorized and empowered Mayor, and Denton County, Texas has caused this Agreement to be executed by ~ts duly-anthonzed and empowered County Judge on tins the __ day of ,2001, to be effecttve as of the day of ~ 2001 CITY OF DENTON, TEXAS By EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM NTON COUNTY, TEXAS By COUNTY JUDGE ATTEST COUNTY CLERK, DENTON COUNTY, TEXAS By APPROVED AS TO LEGAL FORM BRUCE ISAACKS, DISTRICT ATTORNEY By Assmtant District Attomey/Clwl AGENDA INFORMATION SHEET AGENDA DATE: December 4, 2001 DEPARTMENT: Planning & Development CM/DCM/ACM: Dave Hill, 349-8314~L~ SUBJECT Hold a join[ public hearing of the Cl~y CoBncll and the Plarmlng & Zomng Commission for the purpose of considering public input to the proposed Denton Development Code and the rezomng of all property w~thm the city hm~ts of the City of Denton pursuant to the Denton Plan 1999-2020 and the proposed Denton Development Code BACKGROUND At the City Council work session of November 13, 2001 Council adopted Ordinance 2001-434 (Attachment gl) that called for a joint pubhe hearing w~th the Planmng and Zoning Comrmss~on to take anput on the draft Development Code The pubhc hearing ~s to take comment prior to draftang a final document and prior to the new regulations being adopted The notice provasions for the joint public hearing was also prescribed by Ordinance 2001-434 Two newspaper not,ecs were pubhshed in the Denton Record-Chromcle on November 18, 2001 and November 25, 2001 Notices were also marled to all property owners watlun the City based on the most recent tax rolls OPTIONS C~ty Council is scheduled to take formal action on the draft Code on January 15, 2002 The intent of the pubhc hearing as only to receive input from the pubhc, dehberat~ons or cons~derataon of ordinance adoption will take place separately On December 5t~, the Planmng & Zomng Commission ~s scheduled to make recommendations regarding code-related comprehensive plan amendments, and to hold a work session to determine ~f any specific ~ssues or comments arising from the pubhc heanng should be forwarded to City Council Following the pubhe hearing, C~ty Council will decide ~f a December 12t~ work session ~s warranted RECOMMENDATION Staff recommends that the pubhc hearing be held to hear pubhc comments only Dehberatlons or d~scuss~on to resolve outstanding ~ssues should be reserved for separate meetings ESTIMATED PROJECT SCI-I~I~UI,~, The project schedule as detoaled m Attachment #2 PRIOR ACTION/REVIEW To date, over 125 official meetings have been held to dascuss the Development Code FISCAL INFORMATION The draft Development Code is intended to set the regulatory framework for implementation of the comprehensive plan (the Denton Plan) The impact of the Interim Residential and Nonresidential Development Regulations has, in the opimon of staff, retarded tax base growth for the last year, particularly with respect to nonresidential development The draft Code is intended to reduce the rezoning review cases heard by the Planning & Zoning Commission and City Council, and will also eliminate almost all site plan review actlxaties conducted by the Council These objectives should make the development review process more predictable and consistent, and should shorten the review process considerably for most projects The fiscal impact of the draft Code, anticipated to regulate development for the next 20 to 25 years, wall be very slgmfieant If development proposals are consistent with the Denton Plan, the impact on developers should be positive due to decreased review time and project administration costs The draft Code wall also have positive effects on the community's economic health and quality of life, both of which are important considerations contained in the Denton Plan The ability to protect environmentally sensitive areas, especially floodplains, wall have a very positive impact on drainage and water quality costs paid by property owners The creation of land use zoning classifications that are consistent to Denton Plan recommendations will allow better coordination of transportation and utilities infrastructure systems, and other services, such as police, fire, emergency medical services, libraries, pa~ks, and schools ATTACHMENTS 1 Ordinance 2001-434 2 Development Code Schedule Respectfully submitted Douglas S Powell, AICP Director of Planning and Development 2 S \Our Documents\Ordmances\Ol\Comprehens~ve Zoning procedures doe ATTACHMENT 1 AN ORDINANCE AMENDING ORDINANCE NO 2001-135 OF THE CITY OF DENTON, TEXAS, AMENDING THE PROCEDURES FOR ADOPTION OF THE DENTON DEVELOPMENT CODE, A COMPREHENSIVE REWRITE OF THE CITY OF DENTON'S DEVELOPMENT REGULATIONS PURSUANT TO TEXAS LOCAL GOVERNMENT CODE {}211 006 TO PROVIDE FOR NOTICE AND A JOINT PUBLIC HEARING BETWEEN THE PLANNING AND ZONING COMMISSION AND THE DENTON CITY COUNCIL, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Denton City Council pursuant to its home rule powers and Section 219 of the Texas Local Government Code, has adopted a new comprehensive plan, the Denton Comprehensive Plan 1999-2020, and WHEREAS, the C~ty Council has prewously appointed a C~ty of Denton Code Committee to undergo the process of recommending comprehensive development regulations that are consistent with the pohcles set forth ~n the Denton Comprehensive Plan 1999-2020, and WHEREAS, the Denton C~ty Charter and the Code of the City of Denton, Texas do not set forth a procedure for the C~ty of Denton for the adoption of comprehensive development regulations to implement a new comprehensive plan, and WHEREAS, the City has posted and sent notices of pubhc heanngs on the proposed comprehenmve development regulations, the Denton Development Code, to the owners of property within the City of Denton accorthng to the tax rolls of the Denton County Apprmsal District, and WHEREAS, dunng the public meetings and pubhc heanngs, the Planmng and Zomng Commission and the C~ty Council have received pubhc comment on the Denton Development Code, and WHEREAS, the Planmng and Zoning Comm~sslon will submit its report w~th its recommendation and suggested changes to the City Council on the Denton Development Code, and WHEREAS, after receiving the Planmng and Zoning report on the Denton Development Code, the City Council may make any changes in the Denton Development Code warranted by law or ~n the pubhc ~nterest, and 3 S \Our Documents\Ordmanccs\01\Comprehens~ve Zomng procedures doc WHEREAS, the City Cotmml desires to hold a joint public heanng on December 4, 2001 between the City Council and the Planning and Zoning Commission to hear public comment on the Denton Development Code, and WHEREAS, pursuant to Texas Local Government Code {}211 006(a), the City Cotmcll desires to create a procedure to notify the public of the joint public heanng between the City Council and Planning and Zoning Commission prior to the adoption of the Denton Development Code, and WHEREAS, by a two-thirds vote of the City Council, as required by Texas Local Government Code {}211 006 (c) the prescribed notice of the joint public heanng prior to the adoptmn of the Denton Development Code shall be as hereinafter set forth within this ordinance, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The findings contained in the preamble of this ordinance are incorporated herren as If fully set forth within the body of this ordinance SECTION 2 That the City Council shall hold a joint public heanng with the Planning and Zoning Commission on December 4, 2001 and that the notice of the time and place for the joint public heanng on December 4, 2001 shall be given as follows a Before the 15th day before the joint public heanng, a notice of the date, time and place of the public heanng shall be pubhshed in the Denton Record - Chronicle, the official newspaper m two separate places, the legal notice section and another location in the newspaper separate from the legal notice section, and b Before the 7th day before the joint public heanng, a notice of the date, t~me and place of the public heanng shall be published in the Denton Record -Chronicle in two separate places, the legal notme section and another location in the newspaper separate from the legal notice section, and c Notme of the joint public heanng shall be mailed to owners of property w~thin the City of Denton pursuant to the most recent Denton County Apprmsal District Tax Roll SECTION 3 That all ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent, or ~n conflict with the terms or provisions contmned ~n tlus ordinance, are hereby repealed to the extent of any such conflict S \Our Documents\Ordmances\01\Comprehens~ve Zomng procedures doe SECTION 4 That ff any sectaon, subsection, paragraph, sentence, clause, phrase, or word ~n thas orchnance, or the apphcatlon thereof to any person or under any mmutnstances ~s held ~nvahd by any court of competent junsdlctaon, such holding shall not affect the vahd~ty of the remalmng portions of th~s ordinance, and the City Council of the C~ty of Denton, Texas, hereby declares ~t would have enacted such remmmng po~ons despite any such ~nvahd~ty SECTION 5 This ordinance shall become effective immediately from and after ~ts passage and approval PASSED AND APeROVEDthlsthe /,~/dayof ~Z~/23~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 5 Attachment 2 AGENDA INFORMATION SHEET AGENDA DATE: December 4, 2001 DEPARTMENT. Planning Department CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT - SA01-0003 (Denta Netghborhood Small Area Plan) Hold a pubhc hearing and consider adopting by resolution, the Dema Neighborhood Small Area Plan The Dema Neighborhood Plan area covers approximately 936 acres in southwest Denton The Plan area ~s bounded by 1-35 E to the north, Fort Worth Drive to the east, Roselawn Drive to the south, and Bounce Brae to the west The Planning and Zomng Commission recommends approval (6-0) w~th condmons BACKGROUND On January 6, 1998, C~ty Councd passed Resolution 98-002 authorizing a Small Area Planning Program for the C~ty of Denton The Small Area Planning Program ~s designed to address specific areas of the C~ty in greater detail that in Denton's Comprehensive Plan by providing additional analysis, recommendations, and ~mplementatlon guidelines Included in the Small Area Planmng Program Overview, the Planning and Development Department ts responsible for submitting a list of potentaal small area planmng sites to the City Counml The City Cotmc~l ~s responsible for pnontiz~ng the small area plan sites and modlfymg the s~te priority list from year to year The Dema Neighborhood Small Area Plan ~s the tbard in a series of specffic plans to build on the work of the Denton Comprehensive Plan On June 15, 1999, City Council adopted the first small area plan, The Fry Street Small Area Plan (Resolution 99-025) Efforts are underway to complete a second, the Southeast Denton Small Area Plan On August 24, 1999, City Council directed staff to prepare a proposal for the Deara Neighborhood On October 26, 1999, a proposal was drafted and presented to City Council The report ldentffied the Dema neighborhood as a potential small area planning candidate Unlike other small area planning candidates, the Dema Neighborhood at the time of consideration appeared to be relatively stable Dema is not a large area with specific infrastructure needs nor is it an area vath substantial growth and development actlwty It is not an area ~n decline with profound and wide~spread bhght However, there are s~te-spemfic issues of property mmntenance, code enforcement and drainage that adversely impact the Denla neighborhood and area residents are concerned with the intrusion of nonres~dentlal uses into the neighborhood A neighborhood plan may or may not be warranted Staff was d~rected to assess whether a Deara Small Area Plan was needed following adoption of the Development Code, whmh at the time, was tentatively scheduled for November 2000 On November 27, 2000, C~ty staff met with area residents and it was determined that a plan was needed Long-term property maintenance and upkeep, pubhc improvements, protection from 1 nonresM~ntml development and m-fill housing opporttm~taes were all cited as areas that needed to be addressed In response to Issues and concerns, the Dania Neighborhood Small Area Plan was developed The Demi Neighborhood Small Area Plan was intuited January 2001 and completed by October 2001 Through a neighborhood planmng and rewew process, consisting of l0 meetings, the Plan was prepared with the involvement and help of the neighborhood association, the Denia Area Neighborhood Group, and other concerned neighborhood residents A framework of recommendations that address ~ssues of land-use, zoning, economic development, transportation, Infrastructure, safety, and socml servme delivery have been formulated Th~s framework will assist future declsion-makdng and wall grade the case-by-case development of the ne,ghborhood OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consaderat~on $ Table item I~COMMENDATION The Planmng and Zoning Commass~on recommends approval (6-0) of the Dema Neaghborhood Small Area Plan wath the following conditions 1 Include drainage channel that runs parallel with McCormick Street to the hst of neaghborhood drainage ~ssues and concerns 2 Emphasaze that the current condlt:ons of Bonme Brae and Roselawn Street are limiting factors to future development m the area 3 Make reference to the poss;bthty of a future Fort Worth Drive small area plan/study ESTIMATED PROJECT SCHEDULE Achieving the Denm Area's goals will require an integrated program of lmplementataon strategies Implementation of the strategaes and recommendataons outhned ~n the plan are both short-term and long-term and requires greater public-private cooperation The Implementation Strategy Agenda as presented ~n the final sectaon of the plan and identifies a tangible timeline and framework for initiating area improvements, which wdl begin immediately following the plan's adopUon PRIOR ACTION/REVIEW The following is a chronology of SA01-0003, commonly known as the Denla Neighborhood Small Area Plan City Council Work Session October 26, 1999 Imtial Meeting with Neighborhood November 27, 2000 Monthly Planning Meetxngs January 2001 through October 2001 Planning and Zoning Commission November 14, 2001 2 FISCAI~ INFORMATION Implementation of this plan w~ll require long-term pubhc Improvements that are the shared respons~bthty of the c~ty and the Dema neighborhood Area enhancements will reqmre a financial ,comnutment of $250,000-$1,000,000 ATTACItMENTS 1 Planmng and Zomng Commission Report, November 14, 2001 2 Resolution 3 November 14, 2001 Planmng and Zomng Comm~ssion Minutes 4 Draft Dema Neighborhood Small Area Plan (Plan ~s prowded as a separate attachment to thas staff report) Respectfully submitted Director of Planning and Development Prepared by Clms Hatcher Small Area Planner I Attachment t Agenda Number- 01 0030 Agenda Item - # 13 Date - 11-14 01 SA01-0003 (DENIA SMALL AREA PLAN) PLANNING & ZONING STAFF REPORT PURPOSE: Hold a pubhc heanng and consider making a recommendation to C~ty Council regarding the adoption by resolution of the Dema Neighborhood Small Area Plan The Dema Neighborhood Plan area covers approximately 936 acres m southwest Denton The Plan area ~s bounded by 1-35 E to the north, Fort Worth Drive to the east, Roselawn Drive to the south, and Bonme Brae to the west LOCATION MAP APPLICANT INFORMATION: Apphcant PLANNING AND DEVELOPMENT DEPT CITY OF DENTON 221 N ELM STREET DENTON, TEXAS 76201 SA01 0003 (Denla Neighborhood SmallArea Plan) Prepared By Chris Hatcher, Planner I 4 SUMMARY OF REQUEST: The apphcant ~s requesbng the adoption by resolubon of the Dema Neighborhood Small Area Plan The Dema Neighborhood Small Area Plan ~s the third in a senes of specific plans to budd on the work of the Denton Comprehensive Plan The Dema Neighborhood was selected as a small area plan candidate because of property maintenance, code enforcement, c~rculat~on and drainage ~ssues that plague the neighborhood In addition, neighborhood residents expressed concerns about the ~ntrus~on of nonres~denbal land uses ~nto the neighborhood In response to these ~ssues and concerns, the Dema Neighborhood Small Area Plan was developed The Plan was prepared with the Involvement and help of the neighborhood association, the Dema Area Neighborhood Group, and other concerned neighborhood residents Through the planmng and review process w~th neighborhood stakeholders, a framework of recommendations that address ~ssues of land-use, zoning, economic development, transportabon, ~nfrastructure, safety, and social service dehvery have been formulated Th~s framework wdl assist future decision-making and wdl guide the case-by- case development of the neighborhood COMPREHENSIVE PLAN ANALYSIS: The Comprehensive plan sets a framework for planning and strategic development for the entire C~ty of Denton The small area plans supplement the comprehensive plan with more detad necessary to guide commumty development decisions PUBLI~ NOTICE: Nobces of the ~n~bal Dema Neighborhood Small Area Plan meeting were maded to 559 households ~n the Donna study area Nobces of the Dema Neighborhood Small Area Plan meetings were also pubhshed ~n the Dema Area Commumty Group's monthly newsletter Between January and October of 2001, a total of 10 neighborhood meetings were conducted In these meebngs neighborhood residents worked together w~th C~ty staff to formulate Plan goals and objectives, develop a ws~omng statement, and Idenbfy and pr~onbze neighborhood ~ssues and concerns . ANALYSIS & RECOMMENDATION, The Dema Neighborhood Small Area Plan ~s a set of pnnciples and recommendabons intended to guide C~ty capital investment, prwate development, pubhc pohc~es and commumty actions m the Dema neighborhood m ways that fulfill the commumty's ws~on for ~ts future Plan recommendabons address a w~de range of neighborhood ~ssues Recommendabons ~nclude peer enforcement of property maintenance violators, the acqu~s~bon and development of add~bonal parkland, development of a neighborhood emergency evacuabon process, and ~mprovements to the ne~ghborhood's pedestnan and vehicular, c~rculat~on systems The Small Area Plan prowdes the context and rabonale for these pnnc~ples and recommendatmns The broad set of recommendabons contained m the plan wdl require commumty m~babve and new, innovative partnerships between commumty groups, businesses, private c~t~zens and the C~ty Staff recommends approval of the Dema Neighborhood Small Area Plan SA01 0003 (Donla Neighborhood SmallArea Plan) Prepared By Chris Hatcher, Planner I $ MOTION: move to recommend to City Council approval of the Denla Neighborhood Small Area Plan ALTERNATIVES: 1 Recommend approval as submitted 2 Recommend approval with revisions 3 Recommend denial 4 Postpone consideration 5 Table item ENCL08URE$: 1 Draft copy of Dema Neighborhood Small Area Plan SA01-0003 (Dema Neighborhood SmallArea Plan) Prepared By Chris Hatcher, Planner I ATTACHMENT 2 S \Our Doeuments\Resolutlons\01\DENIA NEIGHBORHOOD PLAN RI!SOLUTION doc RESOLUTION NO A RESOLUTION ADOPTING THE DENIA NEIGHBORHOOD SMALL AREA PLAN FOR RECOMMENDATIONS AND IMPLEMENTATION ACTIONS FOR AREA IMPROVEMENTS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton has formulated a new comprehensive plan adopted by the C~ty Council on December 7, 1999, and WHEREAS, the Comprehensive Plan sets a framework for plarmlng and strategy development for the entire C~ty of Denton, and a small area plan, through the Small Area Planmng Program, will supplement the comprehenmve plan w~th more detail necessary to grade everyday community development decisions, and WHEREAS, the Ctty Council adopted the Small Area Planmng Program on January 6, 1998, and WHEREAS, the Dema Neighborhood Small Area Plan ~s the third in a series of specific community plans to build on the work of the comprehensive plan, and WHEREAS, through a rewew process w~th Denm area residents, bus~ness owners and other area stakeholders, a framework ofrecommendatmns on future land use, transportation and pubhc ~mprovements has been formulated to assist w~th future dems~on-mak~ng and case-by-case development of the Denm area, and WHEREAS, the Dema plarmlng area ~s ~dentffied as the area bounded by 1-35 E to the north, Fort Worth Drive to the east, Roselawn Drive to the south, and Bonme Brae to the west, and THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES Soct~on 1 That the Denton C~ty Council adopts the Denla Neighborhood Small Area Plan and ~ts recommendations S~ctlon 2 That thru resolutmn shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED on thru the day of ,2001 EULINEBROCK, MAYOR 7 S \Our Documents\Resolul~ons\01\DENIA NEIGHBORHOOD PLAN RESOLUTION doc ATTEST: JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By ~ O r't; 'f'-~,..~ 8 Attachment 3 two entrance ways can't by placed on that? And I JUSt avmlable for any questions ~ to the staff and to the developer, about 99 COMM[SSIONE~ russet, would the applicant address the Commission? 4 ~ce, l ~'ou'r~ going to have a v~/busy intersection MR ORACE NO, he would not 5 ~ go, I'H fllrmsh [lie 5 COMMISSIONER RISHEL 6 Thank you 6 7 7 GRACE staff has no further c 8 8 okay 9 a entrance 9 Th~s ~s a Anyone who peak 10 way 10 12 on ~ anyone 11 11 either for or 12 n Seeing 12 staff will 12 no one, we will close and Mr Grace 13 developer to como t ' can 13 wdl bqvc us a 14 I appreaiat~ the opportumV, the developer move 14 MR ORACE pproval of 15 along along and that w~'ro 15 L~fcmark Recover roplat Lot 1 R, Block 1 16 We 16 thank you, Mr Grace 17 have a n , Coranussioner 17 18 Powoll Any furthe~ I8 ~ ready to make a 19 d~scussl0n? 19 mortar lpprove as 20 Motmn camm 6 0 20 COMMISSIONFAI RISHEL second? 21 present 21 COMMISSIONER POWELL 22 That bnngs us to Item No COMMISSIONER RISHEL Is a replat and a pubhc heanng ar discussion, ~leasc, vote and consider tho approval of tho final ~, if I might That was of Lot 1 R, Block 1, of the Llf~nark R~covecy Cent~ Comnussloner Mulroy and it was seconded b Adtht;on being a replat of all of Lot 1, Block I of Recovery Center Ad/huon and a 2 .~, Page 372 in tha Francis Batson Survey, 3 4 43 4 5 5 Morton carcle, s 6-0 of 6 west 6 We have been here for almost 7 The pmp~-ty is in a h indusmal 7 two hours 8 A gymnasium Grace 8 e us and take a 9 will px~ent 9 10 Chairman, meaning l0 t I no disrespect, l I (nREAK TAKE~ ) 12 thesouth 19' 8~ COMMISSIONERRISHEL w¢'llbnngour 13 still Thank you for 13 ~loncrs back and our authcnce I'appreclate the 14 your correction Did I r~ ; or was it wntlcn 14 hRlc blt of break 15 wrong 15 That bnngs us to I~n No 13 on our 16 [ltwroag 16 Agenda AndltemNo 131shuldapubhcheanagand 17 17 consldor making a recommendation to the City Council 18 need evemng, salon As 18 regarding the adopt:on by resolution of the Dema 19 Powell 19 Neighborhood Small Ama Plan The Dema Neighborhood Plan 20 20 area covers approxunately 936 acres in southwest Denton 21 side Th~s prope~. 21 The Plan area is bounded by 1-35 on the north, Fort Worth 22 Dnvo on the east, Roselawn Drive on th~ south, and Bonnie 23 Brae on the w~st And Mr Hatcher will present x vnth the ]Denton Plan A gymnasium Is proposed Tho pla~ 24 MR HATCHER Thank you need evening As meets all, reqmrements and I beheve ~ apphcant is % 25 stated, th~s public heanng is to consider making a PLANNINO AND ZONING COMMISSION NOVEMBER 14, 2001 9 Condons~ItTM Page 81 Page 83 1 recommendation to City Council mgaixhng the adoption of I sector, where apphcable Some sp~cffic recommendations 2 thc Deals Neighborhood Small Area Plan Okay 2 that Instill those partnerships are included In thc 3 Tho Dimia Smell Area Plan document before 3 physical e~thgtlcs portion of the plan where neighborhood 4 you tonight Is tho culmination of an almost year long 4 service partners and Code enforcement when: they organize 5 planning process The initial planning process began in 5 a ncnghborhood councd who goes out and randomly performs 6 January of 2001 and it ended ra October of 2001 The 6 audits of pmper'~y vlolaturs m the ama and, m turn, 7 Small Area Plan draft before you tonight wdl -- excuse me 7 they vall turn that over to the Code Enforc~raeat Dlwsion 8 I can't r~'l~mber Tbe Small Ama Plan docmaeat before 8 of the C~ty for furtber action 9 you tomght vail be the Ctty of Denton's offieiul pohcy 9 A specffic rccommeadation that ~nstdls thc 10 rcgarthng futom mvestmeat and future mvostmeats in 10 partnership between City departments ~s the development of 11 lnfrestructore and oth~r actions ~n th~ Dcma neighborhood 11 a neighborhood trail along the drainage easement that 12 in the futlu~ Okay 12 parallels McConmck Street where the City Drainage 13 COMM[,gSIONER RISHEL Chris, will you pull 13 Division of the Enloneenng Department and the City's 14 up on our docucam tho - center us out a hltle blt 14 Parks and Recreauon Department arc working together to 15 better The docucam guys would be happy to work with us 15 acquire additional easements and unprove the drainage into 16 if they had a httle bit better visual hem That's a big 16 work w~th the residents to design a suitable neighborhood 17 halp 17 trail system Okay 18 MR. HA'i'CRF. ROeas that halp? Okay The 18 Also, the Plan lays out an Implementation 19 Denla neighborhood is located in southwest Denton It is 19 strategy agenda which divulges who is teaponsthle for 20 located about a rmle southwest of downtown Lot's sea 20 Implementing recommendations made, th~ cost of 21 Tha D~nla Neighborhood Small Ama Plan bolmdanes are 21 implementation, thc cost of the implementation, funding 22 bounded by 1-35 East on the north, Fort Worth Dave on the 22 sources and a timehne for implementation That includes 13 east, Roselawn Dave on the south, and Bonnie Brae on the 23 my presentation and I'll entorfam questions now 14 west Okay 24 COMMISSIONEIIRISHEL commissioners >5 Th¢~ worn a total of ten neighborhood 25 Conumssmnos Powell And I know Comnussioner Powell has Page 82 Page 84 1 meetings in tho small area planning process Ia th~o I some hire-breaking reformation he'd hke to bnng to us 2 meetings, neighborhood rasiduats and othar stak~oldera 2 regarding the Afgamstan situation 3 worlang together with City staff, worked to dontify 3 COMMISSIONER POWELL This has nothing to 4 neighborhood issues and concerns, ostabhsh plan 4 do with this public heanng but you might be mterestad to 5 pnnciplos, plan goals and plan objectives It also 5 know that the eight foreign md workers held m Afgamstan 6 helped devise recommendations in addressing tho identified 6 have been released by the Tahban 7 issues and concerns A neighborhood survey was also 7 COMMISSIONER RISHEL I'm sure everyone is 8 utlhzed to get input about neighborhood issues and 8 glad to hear that 9 concerns Okay 9 COMMISSIONER POWELL My question, sir, if 10 Thc Plan is organized into thr~ gea~rul 10 we can get back here, I'm assulmng that with this Plan, 11 parts Tho Issues identified were orgamz~d into economic 11 there ia no overlay zoning or no new zoning added with 12 and community development issues planning and d~velopmeat 1:2 th~s Plan itself 13 lssue~, and neighborhood mfraslructom issues These 13 MR HATCHER NO, not with, this particular 14 general categories encompass a wid~ range of neighborhood 14 plan Residents are comfortable with thc proposed future 15 issues which include unprovtng the neighborhood's physical 15 zomng classifications and land use classifications In the 16 appearanea, unprovrag tho neighborhood's vehicular and 16 upcormng Development Code 17 pedestrian circulation systeans, ldeatlfymg wham futura 17 COMMISSIONER POWELL And no new ordmance~ 18 residential and non-maldeatiul development ,roll take 18 come with this Plan9 I mean, there's nothing we approve 19 place developing a neighborhood trail system, and also 19 here tomght that would indicate a new ordinance or new 20 acqmsition in tbe devolopmem of add~tioual neighborhood 20 zoning9 21 park land 21 MR HATCHER NO, not a new ordinance or 22 I must emphasize that these recommendations 22 new zoning There are a couple of reference to a certain 23 were drafted in a way to rastill a feel of partsersiap 23 parking ordmance or a proposed ordinance of our 24 bctw~n tha neighborhood residuats and tbe City and City 24 regnlattons, but those would he addressed between the 25 depatauants and r~ldents, tho City, and tho pnvat~ 25 appropriate departments and they have to assess the PLANNING AND ZONING COMMISSION NOVEMBER 14, 2001 10 CondonsoltTM Page 85 Page 8- I feaslb~hty of going foi~vard w~th such or&nancea I addressing those at tins time? 2 COMMISSIONER POWELL Bat those orthnances 2 MR HATCHER Yes, 3 would go through their normal process and am not part of 3 COMMISSIONER KEITH Okay Another one, 4 the Plan? 4 has the City bothered to set up any kind of willingness to 5 MR HATCHER Exactly 5 provide tax abatement for property owners in situatton~ 6 COMMIsslONW~R POWI~LL Thank you very much 6 where they need to spruce up then' property9 You've got 7 COMMISSIONER RISHEL ?hank you, 7 somebody who's mtn.ed or low income in those areas thai 8 Comamssioner Powell Comrmsstoner Ketth, do you have any 8 are property owners, to beautify then' properties I 9 lat~ br~alang news? 9 think If we're going to come in and start doing a bunch of l0 COMMISSIONER KEITH Yes I'm gomg m 10 pohce work and encouraging people for beautification, ts 11 acquwe a n~a, chain saw ff anybody wants to use n 11 the City willing, is the staff willing to take an approach 12 COMMIssIONER ats}~eL we apprectat~ th~ 12 to say to these people, to qualify that they can have 13 d~vers~ty of tl~s Conmuss~en 13 certain property tax abatements provided those funds are 14 COMMISSIONER KEITH It'S about tene you 14 applied towards maintenance of their property, better 15 got one Do you want to move on? You mentioned that 15 maintenance, put it that way9 Has that been considered`> 16 you'regomgtohavesemeklndofarganlzatloealreportmg 16 MR HATCHER Yes, lthas Whemam 17 on what Code violators I mean, what's that all about? 17 programs listed m the Plan that there are programs 18 IVlR HATCHER well property mamtenancn 18 available to the commumty 19 and Code vtolatleas am one of the moro pressing issues 19 COMMISSIONER KEITH would you mind 20 that the n~ghborhood has identified tn the Plan Certain 20 enumerating them, please9 21 neighbors in certain areas of the community are not 21 MR HATCHER Let me see on that I'm just 22 keeping up tlmr propea'ty to neighborhood suitability or 22 sure what the particular ones are now Let's see Okax 23 so in conceras with the Grass and Weed Orchnance, the 23 On page 21, column 2, under housing recommendations, a 24 Trash and l~bns Ordinance, or the Junk Vehicles 24 recommendation is advertise and promote the City's 25 Ordinance That r~commendat~on is encouraging more peer 25 ex~stmg home improvement programs and advocate nex~ Page 86 Page 88 I enforcement, that ts ne~ghbarhoods, nmghborhood residents I programs such as grants, loans, technical assistance for 2 are tahng upon themselves through the n~nghberhood 2 providing assistance to individuals -- 3 organization to go out and audit, regularly sch~duled 3 COMMISSIONER KEITH EXCUSe me Where is 4 au&ts, and report any violations that tho3, se~ to tho 4 It on page 219 5 CodeEnfomomantDlvmen Therofore--Imean, thenthe 5 MR HATCHER Onpage21, column2 6 Code Enforcement D~visien will follow up on those reports 6 COMMISSIONER KEITH okay 7 COMMIsslONEII KEITH rand of a c~tlzen 7 MR HATCHER HOUSIng ISSllO 1 under 8 pohce state Okay So another queataon, drainage 8 recommendations 9 problems Are thom carr~tly any drainage problems in 9 COMMISSIONER KEITH Okay Okay To ~hat 10 the ama? 10 degree are these assistance';' I mean, it sounds real good 11 Ma HATCHER Yes, them am Th~ w{~ t I words but how accesszble is the dollar amounts9 I mean, 12 s~veral drama~ problems reported along Wlllowwood 12 what's the procedures9 13 Sm:et Tn~ present constmctiea taking place tlxa'e now 13 MR HATCHER The procedure is you have to 14 should mnedy sem~ of those problems Other problems were 14 fill out an apphcatton in the Commumty Development 15 along Bonnie Brae Drive near Ltha'ty Clmst:an School, 15 Department with Barbara Ross l'm not sure about the 16 where tho school went in and redesigned tho culverts wtach 16 funding They get so much allocated toward thom for th~s 17 is causing a drainage problem Dale Hceltang of the 17 process a year and the funding is on a first come, first 18 Drmnag~ Department assured me that there ~ actions 18 serve basis That means that if, you know, if you had 50 19 bang talom to remedy that as of now But that ~sn't i 19 people come in, maybe thc last 45 or a lower number than 20 included in the Plan 120 that may not get funded But also we would take into 21 COMMISSIONER rmixa so so much of the 21 account of that, the Plan also encourages the neighborhood 22 drainage in there currently falls wal~n City 22 volunteers to form a neighborhood cleanup program and to 23 right of ways, correct9 23 help those individuals who are not able to maintain their 24 Ma HATCHER l~xactly 24 property adequately, the neighborhood prowdes assistance 25 COMMISSIONER KE~?H okay So the City is 25 to them PLANNING AND ZONING COMMISSION NOVEMBER 14, 2001 11 CondensoltTM Page 89 Page 91 ~OMMISSIONER KEITH well, I JUSt want to I Ma HATCHER. Y~ We ]lllve mcmb~ of 2 be on thc record, as well as advisory to the staff and to 2 Dcma Area Community Ca.up the ne~hbermcd c~gamzauon 3 the City, that tf we're going to come tn and put programs 3 of their area Would you please stand'~ 1 be2ev¢ they 4 m place that's going to requu'e of people to do certain 4 want to speak a httle blt later 5 performances of their property, and I do know that 5 COMMISSIO~ RISHEL okay Well. we'd 6 Denton's, ttus part of town has a lot of numerous low 6 to thank you for conuog tomght We have ~'JeraI gpcak~-'s 7 raceme people, and that we're not enacting a law that ts 7 and I have a Mr Mulroy that would hJm to *mthess you. 8 constnctivetothetrabdittestoparform AndIjust 8 Mr Hatcher Hopefully, bewontbeasI,~- atleast 9 want to be -- and you said that there's lmutod funds, 9 from this format i0 first come, first serve And you've got a city of 80,000 10 COMMISSIONER ~,~qov mst sorm vet.. she~ 11 people, how many houses and whatnot, 27 percent are 11 questions with some long answers 12 retirees The demograpbacs of Denton are rather skewed 12 COMMISSIONER RISHEL. t}mnk ye- Blegs 13 and enacting such a program, I'm land of concerned for 13 you 14 these folks 14 COMMISSIO\~=R MULROY 'rhi~ ~ 1 $ MR HATCHER Well, I also must reiterate 15 touch on briefly and ~c'll try not to ~ear then our 16 that these are Code issues that are on the books They're 16 tonight Has the main drainage channel bet: unproved 17 not major rehabdttative process They're grass and weed, 17 parallel to McCormick S~ that was on t2e.ne here 18 they're garbage and debris, and they're an abandoned junk 18 within the City a year and a half or so ago~ 19 velucle, SO they're not issues that w~I1 reqmre major 19 MR HATCHER TO my knowledge n spca~ng 20 renovations of housing They're pnnctples and they're 20 vath Dale Hcelt~ng, it has not been anproved ~ of Log 21 laws that should be abided by on the books already 21 There ts a process for that going on concurrmfl, y '~;h the 22 They're not rextumng you go out and have to put a new 22 Plan so I look for it The ne~ghburhood trail ssue came 23 roof on a house that meets the standards of the community 23 along and now the two departments are wllug to 24 We're not requmng that you paint or that you have 24 together to acqmm athhaonal easemenL 25 certain light fixtures or redo your driveway according to 25 co~sllsslo\'ER MULgOV I undersand Page 90 Page 92 I the neighborhood opinion 1 understand What I'm gettmg aL by CHussim. that ~ a 2 COMMI~IONER KmTH okay Thank you 2 major channel, that ~s the major channel and ~ s 3 COMMISSIONER RISHEL Mr Ha~:har, would you 3 problematic or we wouldn't be unprovmg it 4 introduce th~ teat of your staff members that worked w~th 4 MP, HATCHER Y¢$ It S most pro~:a~mat~c 5 you on this program? And maybe there's some people in the 5 at Wlllowwood, where it mm'sect~ Wdloww ~ d A~d tv :ny 6 audience we should have rise and recognize as b~og a part 6 knowledge with engineer spccfficaUon, those xam _a~e 7 of th~s I don't know, forget who rmght be out here 7 problems will ha rectified w~th ~ repawng md 8 MR HATCHER okay Right beco to my left 8 teconstrucUon nnpro~ement of V~ ~llowwood 9 is Dedra Ragland, Small Ama Planmog Manager She 9 COMMtSSlO'.'F~ MULIIOY 1~o It's ~o 10 started this process and was a great help in putting tt 10 problematic in the velocities downstream and :he ccmunued 11 together 11 erosion behind those homes them on McCormck Oka> So 12 MS RAOLANO Thank you, Coanmssionors One 12 all I would hko to do ~s thrent your atle~tuon hack 13 of the things I really wanted to point out, fins program 13 the Eogmennng Deparmaetu and the Utthty Dm~t 14 that Clms menlaoced is not meant to ha putative I think 14 include that mformatmn in ~,our hst of dramas_ problem. 15 the original lnteot was basically to say, let's form a 15 because ~t ~s your major problem and · our nwor cIxanne 16 comnuttoo harem it gets to a Code enfomement situation 16 and it's not dehneatod here on tl~s hst 17 We talk to tho n~ghbors, we talk to each other and say, 17 Ma HATCHER Yes, s~r 18 hey, we nottoed that ther~ is a problem Can w~ work 18 COMMISSIO\T~R MULRO"s ~l'be se~oI~ 1~Iii; ~ d 19 together to msulve ~t? So ~t's not really meant to be a 19 hke to briefly dmect tbs -- somex~ham last J~y 20 dlsciphnanan ty~ of actaon So I just want to make 20 February, the unpetus came about for a Fort ~,orth Dm e 21 that clear that we're not trying to have n~ghbors pohce 21 Small Area Plan is that corre~t9 22 one anoth~ 22 MR HATCHER. Yes sir 23 COMMISSIONER RISHEL And IS ther~ some people 23 COMMISSIONER MULROY 'l'l~qt s t.~ ~alll~ 24 in the audience that you nught want to recognize or have 24 is it not9 25 stand and -- 25 MR uA'reliER Yes, s~r PLANNING AND ZONING COMMISSION NOVEMBER 14, 2001 12 CondensoltTM Page 93 Page 9_~ COMMISSIONF~R MULROY okay Well, I just I dcTvcnd upon upgrachng ~ ~ romis So futura 2 wanted w~ had made no reference ~ that and we are 2 devclopmem as it stands ~ mow ~ll be appropnat~ 3 including the western part of Fort Worth Dave in our map 3 along v, ath the nnw Devr~pm,,,m Code as it stands today 4 ha~ And I'm understanding, stmultaneous with flus Plan, 4 COM~SStOX-ta ',lC'L.~O¥ okay So -wnll 5 we have community meetings for a Fort Worth Dnvn Small 5 would you recap to me tL'W W~ address that in this Plan? 6 Ar~a Plan So l~rhaps we should in&cate what we might bn 6 What d~d ,*e say about ~ a~d Bonnie Bran? 7 se~hng from this Plan to the Fort Worth Dave plan 7 xlz ~^'rC~F~ that &'vekpmcnt along those 8 COMMISSIONER RISW:L Mr Hatcher, I think 8 two corndois yell take ;race u~aon t~r unprovomcnt Wo 9 Ms Raglandwouldhketojommwlthyouhare Let's 9 don'tknow~shattypco. ;~-'~'etopme~t- l0 consult all of our staff when we can 10 COMMI$SIO\Tt ~ Fl.'tl~r~ studies 11 MS RAOLAND We have met informally with 11 pending 12 the Fort Worth Dnvn folks It's not yet certam that 12 ~Ia. tO.'rCHF~ ~g,.hr_ future studies 13 wa're going to do a small area plan It may just bna 13 pending but we don't Im w ~mt t3 ~'pe of development as of 14 study So that's really why you don't see a reference to 14 now 15 a Fort Worth Dave Small Area Plan It's not dafimto 15 COMMiS$IO\'r-~ ~USaI~ olay But thay'rc 16 COMMISSIONERMULROY okay Now, I'vo~cad 16 notant~cipa~edatth~stmetobemtlgrcollcctorsor 17 tho paper her~ almost daily for a year so it's -- 17 thoroughfare ~u-eets 18 COMMISSIONF~R RtaHEL I know they've had 18 19 trouble trying to get that censistency all together 19 COMMISSION'Et 'vlUL.ROY ~Ut a's a major 20 MS RAOLAND well, a number of tha~r 20 hunting facter and I '~ o-.,d s'u~st t.~at you emphasize 21 issues relalgd to land us~ tn the proposed Development 21 that so upon ~ce~pt by =e Cr~_ Cou:c fl, thay understand 22 Code $o we've talked about that They may aotoally be 22 how lmutmg that is ~ or fi:mr forward thinking and 23 satisfied with th~ da'notion that we're taking nght now 23 planning th~ can mcor-,wat~ it~ sla'ategic plan and tho 24 so there may or may not be a ngcd for a small area plan 24 dollars to resolvn that soxim-= most -art of this small 25 That's all I'm saying 25 area Page 94 Page 96 COMMISSIONER MULROY okay All tight cc~tx~ssio~ ~.~-~_ ~ad serno of the 2 Well, lot'S say It could go either way at this point in 2 people that hxe along there vould _~fer %r us not to 3 tune We make no reference to that happening on this 3 consider them so they don -eco~me lhorc~hfalos or 4 shyer of Our boundary which, at least, deserves a 4 collectors TMak ) oa M: ~{ul~:,y~ Co=zcassioner Apple 5 reference of what the oonversat~on s, thn dialogue that s 5 cc~c~ss:o~,~ .roLE _- was ~ _~t kind of 6 going on I would hope that you would ms~rt that in thn 6 wannng a~ uF,Jat~ on the s:a~s of lhe st~ t improvements 7 Plan 7 to Wdlowwood because 1 L~w 8 Ma RAOt~ND okay That's fine 8 a long tm~ and Ive had a ~---uple of clUz~as yea know 9 COMMISSIONER MULROY Thank you v~ much 9 mention to me that ir, · ox ~ ~ thal: a~a fiat it's been 10 On tha area that concerns ma looking forward and has been 10 problemauc 11 a sub. loci fur this Commission tn a potentml pro3ect that 11 lo. HATCHEr. "~ -,,,.,,, ~*era~tt to Wlllowwood 12 came forward a couple of months ago was the Izaffic 12 from Bernard ~ McComuat ftys: is co=p[eted 13 viabthty on Rose, lawn, and by normal ~xtension, to Bonnie 13 ConstrucUon ef unprovengar tram WdlovwoOd from McConmck 14 Brae And we reelly -- at a point in t~mns a couple of 14 west to Benton Brae ~ ~ ate ~,~pte~'er e~rly 15 months ago, the consensus was this was gems to r~quLro 15 October I'm ant d~finlte z.~ no~ Bul Englneenng has 16 some study and some planning bnfor~ much dawlopmnnt could 16 assul~d or ~ .~esled tha, r ~voukd be 1t=~ to slx 17 be approved out there b~nuse it's very restrictive 17 monflls upon ~at eompleno~ 18 Tho traffic flow has -- in the context of 18 cc~e, ess ot.,~]~ r-.~. _od ~,.v'r~ on 19 this report, have w~ spent much effort on ldantl~mg the 19 scbeduie w~th 20 prohtbit~ve nature of Roselawn at this point or what we 20 Mx HA~ca-m~..~t as ~:m as I now, they're 21 aught hke to ask for in the futu~ to open that up for 21 on lehedule 22 dovelopnlont? 22 cc~e,~ss 23 MR HATCHER Yea, sir Res©lawn and '}3 CO~LMISSON'I~r~r:~iL. --h~nl~ ~OU 24 Boome Bma are unclassified substandard roads right now 24 Conumssloner 4.pp[e Comm~slomar Rex 25 And futllro development along Bonmo Brae and Ros¢lawn will 25 cca~ssto~.~ r,.~ .c~ men.enid that there PLANNING AND ZONING COMMISSION NOVEMBER 14, 2001 13 CondonseltTM Page 97 Page 9b I wE soma ten roastings of commumty input I'm just poIcncal 2 curious as to what percent partlalpatwn an the commumty 2 Our nc~h. borhood will retain 3 v~nt mtn th~s Plan, ~f you have any tdea 3 ~d--r~! e~nraC~r and be conumtted to shaping its own 4 Ma :-~A?CHE~. ?ha commumty, the percent of 4 futur~ d~'~pmg kad~rslup m residents of all ages, 5 input v~at Into the plan, v~ -- let me start over again 5 and sa-~g/he mla'es~s, needs, and values of tlas and 6 We spearheaded the planning effort through tho Demo A~a 6 f~mre.~aeramoos 7 Community Crcoup We sent out mayha 559 notifications of 7 Our groap took the name from the Demo Park 8 the small area planmng process to households m D~ma 8 and th~ ~oug~ stared, w~th very small informal meenngs 9 And p~a:ootage w~sn, I don't have a 9 Now a:r me~mngs are hold once a month at 7 00 p m atthe 10 pa'cootago-wlso, but I would say that less than slx 10 Dema ~ R~cres~on Center 11 percent parOoipation evolved from that We also sent 11 T'~ m~eoags are pubhclzed by slgns 12 out utlhz~ a neighborhood survey to get ciozeas' input 12 thro-~,~ut ti~ ne~borhood and fly,rs placed on the 13 or nmghborhood residoot~al input and about I would say 20 13 doors ~ c~2r wasgon statement stated v,~ are a 14 percent or so of the residents returned the survey 14 res~d~-~! .~,.v~nhor~ed We're well estabhshed In 15 COMMISSIONER RISHEL winch is more than we 15 fact, m2st o~' 1he I~;2ple that live m our neighborhood 16 got back on the Comp Plan? 16 have b~n th~re ox ~ 30 years I've b~n them 32 Were 17 COMMISSIONF.~ ROY ThaI~k you 17 made ~ of "? d~ffa'~nt subdivisions and our houses range 18 MR HATCHER sowchada fmrly decoot 18 from c~lconagc-to somcpret~ylargc castomhouscs 19 turnout on the survey But planning wise, I wouldn't say 19 And ~.':at ~n~ want .a do is sustain our ncnghborhood and 20 - planmng-w~se, citizen participation was average We 20 make ~: stab~ for ~: coming years So I thank you for 21 don't have a cure for some pubha apathy 21 your 22 COMMtSSION~RRISHEL Thank you, 22 COMMI~ ONF_RRISHEL Thank you very much, ~3 Conumss~oner Roy We have - tbs is a pubbe heanng and 23 Ms BmcI~ Com.~ssioners, any further que~t~ous~ And, 24 we have several people that have filled out comment cards 24 Ms ~::~ '~ould ~ ~u care to address us now? ~5 and would hke to spenk And the first persoo on my hst 25 ,,5 C, OR~ ooodevoomg I'mAhc¢/3ore Page 98 Page 100 I here ~s Ahce/3ore Would you please 1om us and state 1 and I _~e a~ 2215 Westwood I hve one block up from the 2 our name and address, Ahce 2 ditch. [ dota'~ know tf eny of you came out and vtewed the 3 MS GORE ! would like our president to 3 ne~gh~rhood as ~,ou went over your Agenda or not so you 4 come forward, if you don~t mind 4 woulc :e ~'~'"~har vath what we were talking about We 5 COMMISSIONER RISHEL Please Would you 5 don't ~:m~ :.o be netghborhood police but we do want our 6 care to introduce everybody here that mtght be a part of 6 prope:-, ~ a-~aes to ~ay up and keep growing wxth the rest 7 thts as you know them'~ 7 of the CxE, And '~,e do have some very sensttive -- 8 MS BRANTLEY Good evening I~m Carol $ COMML~IONER RISHEL Except for taxing 9 Branfley I'm presxdent of the Denta Area Communtty 9 purpo.,.--~, 10 Group 10 ~,~ GO~.2 We're volhng to pay our part 11 COMMISSIONER RISHEL And your address9 11 Okay You can q~te me on that We have some senstt~v¢ 12 M~ BRANTLEY I'm 2106 McConmck and I 12 areas ~. our neighborhood that really need some attentlon 13 hve on the ditch And I know -- and it's falling down 13 And '~. are hoping to get our group to contact e~ther the 14 beband my house 14 owner bo...uase mo~t o~ them ure rental properties, to see 15 COMMISSIONER RI~HEL And your last name 15 if the) '~ on ~ bring those up to Code without us having to 16 agmn'~ 16 call the Coc~ poh~, okay, having to call the C~ty m 17 MS BRANTLEY Brentley, B-R-A-N-T-L-E-Y 17 B~canse ngba now, and I know flus ts a 18 COMMISSIONER RISHEL Thank you Right 18 proble::~ pr~abl) all over the Ctty and I'm not meamng to 19 MS ERANTLEY First of all, l'd lfl~e to 19 sound -actsc or anxx. tung, but we have people that move 20 read our nusston statement for our Dents Area Commumt 20 rote the co~ ~,~umr~, they rent one house and they move 21 Group It says, through broad parttclpatlon of our 21 about lm to 15 people tn tt And that bnngs down the 22 neighbors, the Demo neighborhood will be a netghborhooc 22 quaht), of the yard_ You have all of these vebacles 23 umted together for pride and progress for tho future A 23 parked atlv~ m t~ yard and on the street ~4 safe, healthy, and pleasant sustainable envtronment wtll 24 And I &m't know how we can work wtth the 25 be provu:led wbem each netghbor can d~valop bas or her 25 C~ty to em~occe the Occupancy Code and bnng tt back to PLANNrN/3 AND ZONING COMMISSION NOVEMBER 14, 2001 14 Cond~n~ltTM Page 101 Page 103 I smglo-fam~ly, because most of our properly there m ~ I ~borh~d 2 ~ma ~, OV~ ~ff of it Is ~1 pro~ O~ So 2 ~d ~ f~l ~t ~s Plan wo~d help us 3 ~t ~Hy pu~ us at a ~sadvan~ in ~g ~ ~ 3 ~nmm ~ ~ngs ~at ~ ~e in ~ n~borh~d and 4 pn~ of o~p and for p~p~ ~ k~ ~ p~ 4 n ~so giv~ us some ways ~ ad~s ~ose ~ngs ~at 5 up and k~ ~ y~d loo~ng nmt and not do s~ ~ ~ conc~ us ~c ~ffic, ~ma~, Inc~s~ n~ for park 6 m~hamcs m ~e ~v~ay every 7 have probes ~ ~t I would ask you ~ pl~sc support it ~ank you 8 WIHo~o~, I'm g~d you ask~ about ~ COMM[~[O~RISHEL Thank you, Ms 9 WIHo~d We have ~n ~ld v~o~ ~n~ a~ ~ 9 ~ ~ ~sslon~s any q~stlons? I also have a 10 comp~uon of Wfllo~ood R~t now, I ~ Ws ~H 10 ~ from ~ BamcR Would M~ c~ to spiky She 11 ~ end of Nov~ ~'~ wor~ng v~ ~d m a 11 ~ a hRlo ch~k mark ~ ~t says she &d not 12 ~'~ ~mg most of ~ ~v~ays 13 s~s, ~ngs ~e ~at m p~ce ~d so 14 It and ~ hope not ~ have to have ano~ b~a} p~ 14 ~m ~ Co~um~ ~oup and ~ Small ~ Planmng 15 for ~, but we w~H ~f it com~ ~ ~at 15 ~l~ and has work~ v~ h~d on ~e ~ plan and 16 ~d ~'ve ~y ~joy~ wor~ng ~ ~ 16 ~dly suppers ~c final &aft So I3ust pass ~at 17 Small~P~nnmgp~lc ~have~n~t orus 17 ~ngtoyou 18 ~d we ho~ ~t whm ~ ~t o~s appro~ ~o~ you and 18 ~yone else? ~s is a pubhc h~ng 19 ~o~ ~ Cl~ ~cll, ~at we can ~ of somo ~ ~ 19 ~yone c~c ~at woffid ~e ~ s~ for or against, 20 ~e sou~ ~n~n ~p~ ~ause a lot of ~ prob~ 20 p~sc come fo~d 21 ~t~ve, wehav~m~la ~y~not~e 21 MS--TIN ~n~s~bM~nandI 22 ~nt and we would bke ~ k~ o~ ~ ~o~g md k~ 22 ~,~ a 1808 H~nd P~k Road I'm a hom~ and a 23 ~l c~n and make ~t a place wh~ you can ~ pm~ ~ 23 ~ h~ and a vo~ and a m~b~ of ~ ~nla S~II 24 hvc ~d ~ would h~o ~aI ~ o~ small ~ plans comv ln~ b~ng and ~ can ~Ip 25 3~t as a conc~ c~t~zcn I love my ncl~borhood and I P~c 1C,2 Page 104 I ~cm out I th~ you for yo~ t~c 1 k~c ~ls P~n I know ~at ~ was a lot of msl~t 2 COMMISSIONER RISHEL We th~ yea for 2 ~ w~sdom and cn~ put m~ ~s and Ws so fo~ard 3 bcmg he~ ~d being a p~ of ~s press ~ Go~, 3 ~ng and it's a ~1 posmvo ~ng for o~ ~ and 4 obwously, h~ ~ a p~ of many ~ngs m 5 of ~nt~ ~d p~t p~s~d~t of 6 she's not c~tly ~ you c~fly 7 MS ~ No, s~, I'm not 7 p~ park m ~nton, ~hnd Park w~ch ~s now a golf 8 COMMISSIONER RISHEL P~t p~sld~, ~ 8 c~se But ~en as such ~t stdl boas~ what I ~mk ~s 9 And so we appmma~ tho~ effo~ m ~.g ~ple 9 ~ most ~ut~l wsm m ~e whole C~ But Ws a 10 m the ~untW ~at have 11 mco~d And I tht~ that exmple m 12 gone a 10rig way m helpmg ~e net~borh~ 12 m~s~t~on of W~o~ and H~and P~k m, actually, 13 ~e next ~d ~at I have ~s ~ V~ 13 m [-35, bm ~t ~s a roum w~ p~ple am always wa~mg 14 She ~w ~ off here 14 m ~ ~e sunset and ~en hack af~ ~ sun has a~dy 15 MS VEEDER Ido~tof~ 15 se Sol~mklt'sasafeWlSSUe, as~llas~wng 16 COMMISSIONER ~SHEL PI~ ,16 sme~mg ~lly race for ~ conmumW ~b~s who hve 17 MS VEEDER lWouldjust l~e~-- 17 18 COMMISSIONER RISHEL would you ~te yo~ 18 ~MMI~ION~ mSBEL YOU bet ~nk you 19 nme ~d ad.ss for us9 19 ~ ~u~ Ms s~al ducks ~at s~'s dona~ m ~at 20 MS VEEDER G~ V~er, 1721 Wt~a 20 prod ov~ ~ Co~ss~onw Kex& 21 And I would jmt 1~ ~ point out ~at 12 have before you ~s ba~d on ~e s~ ~at we ~t out m 22 ~ond m ~b Mamn Z3 ~ ne~borh~d, and ~m ~e net~borh~ ~tmgs ~ 23 ~MM~tO~ msneL n's mpomm ~at 24 we'vehad Andw~t~eoutof~lof~to~ 24 ymad~s~een~ssion, ffataHposs~ble 25 net~bors ~ ~ have a m~ly, PLATO A~ ZO~G CO~SSION NO~ER 14, 2001 15 CondonsoltTM Page 105 Pa§¢ 107 I done a IJERuttful job Mar,m, do you cvcr walk down I commend you-all very much for the efforts that you've 2 Highland Park to where thg ulun~nu~ gat~ ~s9 2 taken here Conumss~aner Apple 3 MS M~m~n~ At fie end of fie street9 3 COMMISSIONER APPLE YOU can certainly sec 4 COMMISSIONER ~r, EITH ye, ak On I-hgkand 4 the tnne that went into a and tho quality of the document 5 Park, go all the way down ~uth to ~h~rc th~ al~num 5 that we received And along those lines, I'm ready to 6 gate -- you look over the fence and see all fl:rose korses 6 move ? In there Do you remember wha~ that ~sed r~ lone l~ke ? COMMISSIONER aIsueL Please 8 before the horses 'welE put l~l th~r~? 8 COMMISSIONER ^PPLE I move to recommend to 9 MS MARTIN No, ldon~t 9 theCltyCouncdapprovaloftbeDenmNeighborheodSmall l0 COMMISSIONER ~KE1TH Oki3 Itovkth~ l0 AreaPlan 11 property over and those are my horses. And I'~ e rammed I l COMMISSIONER RtSHEL comnussioner Roy 12 all the trees and I've cultlx~ted Ioutoutawho3elot 12 COMM[SSIONERROY seaond that motion 13 of underbrush and everythr~ so a lot 0t' ~,~.'ul tees can 13 COMMISSIONER PaS}tEL It's been moved by 14 really grow And so I just want to let elks know here 14 Commissioner Apple and seconded by Conumssloner Roy 15 that I'm not all that mean ea trees It's just that wtaen l 5 Commiss~oner Mulrey, discussion? 16 they're m the way, move th-~ Okay But I ¢hv-~ full 16 COMMISSIONER MULaOY well I'd just like 17 have done a beautiful job ea tlns and mat's a be~-"-uful 17 to offer a friendly amendment that we recognize the large 18 neighborhood, because I'm over there nth ~ hceses and 18 drainage problem, the drmnage problem with the mmn 19 I've met a lot of people 19 drumage channel And wbether we do that as part of our 20 Tlus ts an extranrclmary ne .~/~borheod I'd 2O motion here 21 never seen so many people vaalkmg tn :hat ~rea Yes, you 21 COMMISSIONER APPLe Oomg forward with our 22 need some sidewalks And on that -- md it · an 22 recommendauon, I'd be happy to add that amendment to my 23 extraor&nary part of town I h~e on ce north ma: and 23 melon 24 you're on tho south side an,z I think it ~ ver~_' 24 COMMISSIONER ROY I accept as the second 25 extraordinary and I think tts an a~a ta be ~-~ery p:oud 2~ COMMISSIONER alSaEL AS a friendly motion, ?age 106 Page 108 of Thank you I what Mr Mukoy had commented on would be added to tbe 2 COMMISSIO~ P~S~-L xhank y'u. 2 exisUng proposal and recommendaUen Any further 3 Comanssiener Conmussmnen an.', furth~ quesUons ~f the 3 comments? 4 residents or the participants m ~ns process' And ff 4 Once again, I would like to say thank you 5 there ~s not, I will ask Mr Ha. her ta mal~ a f'ma~ 5 to the neighbors and I tlunk we've come a long way and I 6 statemeet Let me $~ate again 7.us i$ a pub-c heacmg 6 think :t's people set~mg good examples in neighborhoods 7 and anyone that would hke to ~ddress tins - and af 7 that allow us to not come in with a heavy hand but a 8 there's no other persons, thee I will close th: pub~hc 8 neighbor patUng another neighbor on the back and 9 beanng 9 encouraging them to do the best they can to keep their 10 Ma HA?CaER s~aff-ecommend~ approval o. 10 propa'ty up when someUmes their resources nught be I l the Demi Small Area Plan I l bELted, and that's the best thing we can do for them and 12 COMMISSlOi,~eaP~S~-:ZL okay A.~clMr 12 worlangtegether 13 Reachhart would hke to odd a ~ow-~,'~t, I b~he~e 13 I know staff bps done a great job We 14 MR REICHHART IJD..~ need to think the 14 commend you for the efforts that you've taken and the 15 staff, eap¢cmlly Dedm and Ch:--~ fox all thez harzl wurx 15 efforts that you've taken to bnng a large ennstltuency of 16 pulhng m the other departmen~ and getting~hcm ~o als~ 16 other plccea of the puzzl~ together and making sure we're 17 part~cipato m tins Plan, has bendlled th~s P'an, and 17 communicating and doing thc very best job we can for our 18 thor efforts qmte often go unncoced because fl~-? ~ 18 citizens I want to thank you very much for that 19 busy workang on plans that th~ Co,~'-~ss~ax doesn't s~: but 19 Once again, ff thcec's no further comments 20 once, maybe one plan a year b~x:ausc they ~ wo~',-g a: two 20 Comnnssloners, please vote Motion cames 6-0 of thc 21 ortl.ac~oth~ranesattbesame:m~¢ ButI--adly'wante3. 21 Commiss~onerspresant Thank you vccy much 22 to thank their effor~s 22 ~.~ That bnngs us to Itern No 14eno~.~,'''''~- 23 COMMISSIOIX~-g I~SmZ ~ I kmw thsm De~--a 23 Aging and 24 would like to thank the ne~ghbcr~ and the rtst of ~ 24 ~o~a/y Council 25 people that gave them so much ~uppoaX end :nput ~nd ~e 25 "'~ rezomng of approxnnately-~F2'5'se~:~ l~_~ __ "LANNING AND ZONING COMMISSION NOVEMBER 14, 2001 16 AGENDA DATE' December 4, 2001 DEPARTMENT' Planning D~partment CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT - SI01-0011 (Gas Well Zonmg Code) Hold a pubhc heanng to consider an ordinance amending Chapter 35, Zoning, of the Code of the City of Denton, Texas, relating to gas well development The Planning and Zoning Commission recommends approval (6-1, Kelth opposed) BACKGROUND This item is being brought forward because of the recent advent of natural gas well development in the City of Denton and its Extraterritorial Junsdmtlon The existing regulations are ill suited to address this type of development and therefore, the Zoning Ordinance and Sub&vision Regulations (See SI01-0011, Gas Well Subdivision Ordinance Staff Report) will need to be amended } Zoning Ordinance. The proposed ordinance (Attachment 5) will allow gas well development by right in Agricultural (A) and Industrial (HI & LO zoning districts if specific criteria are met The criteria include compliance with the development plat, road repair agreements, mlmmum insurance requirements (environmental and hablhty) on-site standards and treatment of pre-exlstmg wells If the criteria cannot be met and/or if the proposal Is within any other zoning category a Specific Use Permit (SUP) would be required Gas well development would also be permitted in a Planned Development (PD) zoning district If it is identified as a permitted use Allowing gas well development in all zoning districts with an SUP is a departure from the current regulations The SUP process requires notification and public heanngs to insure compatibility with the surrounding properties } Notice of the public heanng was placed in the Denton Record-Chromcle on Saturday, November 17, 2001 OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item RECOMMENDATION The Planning and Zoning Commission recommends approval (6-1, Keith opposed) of this request with the following conditions 1 That outside leagal council review the ordinance (The Ctty Legal Department retatned Strausberger & Prwe to revtew the proposed ordmance Prtor to the pubhc heartng the Legal Department wtll outhne thetr recommendattons tn a statts report.) 1 2 That the recommendations of the sub-commattee, as outlined m the October 8, 2001 memorandum (Attachment 2) be incorporated into the ordinance (The recommendattons have been incorporated into the ordinance) 3 The Risk Manager's (Robert Wagner) recommendations, as presented at the October 10, 2001 Planning and Zoning Meeting, be incorporated into the ordinance (The recommendattons have been incorporated into the ordinance) All the Planntng and Zomng recommendations, including the Risk Manager's recommendations, have been incorporated into the proposed ordinance Additionally, staff has made some minor grammar and formatting rexasions On November 12, 2001 staff received a petition (Attachment 4) of opposltmn to the gas well ordinance rf it allowed gas wells by right m a platted subdivision, specuScally, the Hills of Argyle The Hills of Argyle is zoned Agricultural and has approxanately 65 acres of open space wbach could be uUhzod, by right, for a well ff the mum criteria are met If the ordinances contained language reqmrmg an SLIP m platted subdlxas~ons a spokesman for the resdence said that they could support the ordinance Therefore staff is recommending that Sec 35-503(a) of the ordinance be revtsed to read, The drtllmg and production of gas within the corporate hrmts of the City shall be perrmtted by right within Agricultural and Indusmal Zomg D~stncts provided that no residential structure or place of assembly, restitution or school crests no closer than five hundred feet (500') from the wellhead or w~thin a previously platted resldentml subdrwsmn where one or more lots have structures and provtded that the drilling and productmn of gas meets the following reqmrements ESTEM&TED PROJECT SCItEI)ULE N/A PRIOR ACTION/REVIEW The following is a chronology of SI01-0011 related to the Gas Well Zomg Ordinance August 08, 2001 Planning and Zoning Pubhc Hearing August 22, 2001 Planning and Zoning Comm~slon Work Session September 4, 2001 Planmng and Zoning Sub-commattee meeting September 12, 2001 Planning and Zoning Comrmsslon Work Session September 20, 2001 Planning and Zoning Sub-cormmttee meeting September 26, 2001 Planmng and Zoning Pubhc Hearing October 8, 2001 Planning and Zoning Sub-commattee meeting October 10, 2001 Planning and Zoning Pubhe Hearing FISCAL INFORMATION None ATTACHMENTS 1 Planning and Zoning Comm~ssmn Reports, October 10, 2001 and September 26, 2001 2 October 8th P&Z Sub-committee Report, EPA bulletin and Llabdlty diagram 3 Planning and Zomng Commission minutes from October 10, 2001, September 26, 2001 and August 8, 2001 4 November 12, 2001 petition 5 Draft Ordinance Respectfully submitted Director of Planning and Development Prepared by ~Lar~y l(elchhart, ASLA, AICP Assistant Director of Planmng and Development Attachment 1 /~4t~nda Numbor- 0~ 002~ Agenda Item Cf 05 Date - 10 10-01 S101-0011 (CODE AMENDMENTS) PLANNING & ZONING STAFF REPORT PURPOSE: Consider making a recommendation to the C~ty Council regarding amendments to Chapter 35 "Zomng Ordinance" of the Code of Ordinances of the C~ty of Denton, Texas to add regulations relating to gas well development SUMMARY: On September 26, 2001, the Planmng and Zomng Commission held a pubhc heanng on amendments to Chapter 35 "Zomng Ordinance" related to gas well development At that t~me, the Commission recommended approval of the proposed ordinance (w~th conditions) and reserved comment on ~ssues raised by gas ~ndustry representatives unbl such t~me that the sub-committee could meet and bnng back recommendations to the enbre Commission SUB.COMMITTEE REVIEW: The Planning and Zoning Sub-committee ~s scheduled to meet on October 8, 2001 ~n the C~ty Council Work Session Room at 1 30 pm to resolve the outstanding ~ssues Identified ~n the September 24, 2001 M~tchell Energy Company letter (Enclosure 1) Staff responses to the ~ssues raised ~n the letter follow each comment (bold ~tahc font) Sub-committee comments and recommendations w~ll be forwarded to the Planning and Zoning Commissioners prior to the October 10, 2001 heanng The attached ordinance (Enclosure 2) ~s enclosed for your reference and has been rewsed to address the Planmng and Zomng Commissions recommendations and some additional staff rews~ons All changes are ~nd~cated by bold type for additions and w~th a stnkethrough for deletions Staff rews~ons ~nclude · Rxed a Section number reference on page 3 of the ordinance · Replacing "comprehensive plan "w~th "Denton Plan ", page 6 · Replacing "Chapter 29, Rre Code "w~th "the F~re Code", page 6 & 15 · Removed "oil" reference on page 5 · Added "and Indemmfmatlon" to Sec 35-508 heading for clard~cabon, page 11 · Replaced "General Requirements" heading w~th "lndemmf~cat~on and Express Negligence Prows~ons" heading on page 12 for clanf~cat~on · Replaced text ~n the Indemnification and Express Neghgence Prows~ons secbon on page 12 for clarification · Rewsed text on ~nsurance carriers to allow for a w~der range of ~nsurance compames Page 13 4 PRIOR ACTION AND REVIEW: August 08, 2001 Planning and Zoning Publm Hearing August 22, 2001 Planning and Zoning Commission Work Session September 4, 2001 Planmng and Zomng Sub-comm~'~tee meeting September 12, 2001 Planning and Zomng Commission Work Session September 20, 2001 Plennmg and Zoning Sub-committee meebng September 26, 2001 Planmng and Zoning Pubhc Hearing ENCLOSURES: 1 September 24, 2001 M~tchell Energy Company letler 2 Ordinance amending Chapter $§, Zoning, of the Code of Ordinances relating to Gas Well Development NOTE ENCLOSURES ARE NOT INCLUDED IN STAFF REPORT, BUT ARE AVAILABLE FOR REVIEW IN THE PLANNING OFFICE ALL P&Z COMMNETS HAVE BEEN INCORPORATED INTO THE FINAL ORDINANCE Agenda Number-01 0027 Agenda Item #07 Date - 09-26-01 S101-0011 (CODE AMENDMENTS) PLANNING & ZONING 8TAFF REPORT PURPOSE: Hold a pubhc hearing and consider making a recommendation to the C~ty Counc:l regarding amendments to Subchapter 34, "Subd:v:s~on and Land Development Regulations" and Chapter 35 "Zoning Ord:nance", of the Code of Ordinances of the C~ty of Denton, Texas to add regulabons relating to gas well development SUMMARY OF REQUEST: Th:s ~tem :s being brought forward because of the recent advent of natural gas welt development In the C~ty of Denton and ~ts Extraterrttonai Junsd~ct:on The ex;stmg regulations are ill suited to address this type of development and therefore, the Zomng Ord:nanca and Subd:ws~on Regular:OhS will need to be amended Zoning Ordinance The proposed ordinance (See Enclosure 1) wtll allow gas well development by right :n Agnculturai (^) and Industrial (HI & Li) zoning d:str:cts ~f spec;f:c cr:ter:a are met If the criteria cannot be met and/or :f the proposal :s within any other zoning category a Spec:f:c Use Perm:t (SUP) would be requ:red Gas well development would also be permitted ;n a Planned Development (PD) zon:ng dtstr:ct :f :t :s :dent;f:ed as a permitted use Allowing gas well development in all zoning d:str;cts w:th an SUP :s a departure from the current regulat:ons The SUP process requires not~f~cabon and pubhc heanngs to ~nsure compat~b~hty w~th the surrounding properties Subdivision Regulations The current regulations require that all property within the c~ty hm~ts and d~vlslon one ETJ be platted prior to development The mechamsm currently being ut~hzed for this type of development is the Development Plat Staff is proposing the creation of a Gas Well Development Plat with specific regulations addressing gas well development The specifics of the Gas Well Development Plat are being f~nahzed by the Development Rewew Committee and will be forwarded to the Planmng and Zomng Commission at a later date Until those regulations are finalized, the ex~st~ng Development Plat requirements will be utlhzed PUBI~IC NOTICE: Not~ce was pubhshed ~n the Denton Record Chronicle on September 14, 2001 As of th~s wnting, there have been no responses to the proposed amendments PRIOR ACTION AND REVIEW: August 08, 2001 Planning and Zoning Pubhc Hearing August 22, 2001 Planmng and Zomng Commlss~on Work Sess:on September 4, 2001 Planning and Zoning Sub-committee meeting September 12, 2001 Planmng and Zoning Comm~ss:on Work Sess:on September 20, 2001 Planning and Zoning Sub-comm:ttee meeting SUB.COMMITTEE REVIEW: The Planning and Zoning Sub-committee met on September 20th In attendance were Commissioners Joe Mulroy and Joe Roy, Larry Remhhart, (Planning Department), Dorothy Palumbo (Legal Department) and Robert Waggoner (R~sk Management) and Ike Shupe (Hughes &Luce) The following are the proposed rewslons, suggested by the sub-committee to the current ordinance The changes are ~n&cated by bold type for additions and w~th a stnkethrough for delebons The text ~s followed by bold ~tahc commentary ~dent~fy~ng the reason for the change 1 Sec 35-503 Gas Well Drdhng and Producbon "By R~ght" (page 3) (a) The dnlhng and production of gas w~th~n the corporate hm~ts of the c~ty shall be permitted by right w~th~n Agricultural and Industnal Zomng D~stncts prowded that no res~denbal structure or place of assembly, ~nsbtubon or school exists no cloaer than hve hundred feet (500') from the wellhead and prowded that the dr~lhng and producbon of gas meets the following requirements (For clarification) 2 Sec 35-503 Gas Well Dnlhng and Production "By R~ght" (page 3) (b) The dnlhng and pmducbon of gas w~th~n the corporate hm~ts of the c~ty shall be permitted by right w~th~n Agricultural and Industrial Zoning D~stncts ~f the property owner of a residential structure w~th~n two hundred and f~fty feet (250') to f~ve hundred feet (500') of the wellhead agrees ~n wnt~ng and prowded that the dnlhng and production of gas meets the requirements of Sec 35-503(a)(1) through (3) (For clarification) 3 Sec 35-505 Standards for GasWell Dnlhng and Producbon (page 5) (a)(2) On-s~te requirements (page5) h All electric hnes to producbon fac,ht~es shall be located In a manner compatible to those already installed ~n the surroun&ng areas or subd~ws~on Eleet-~-mes (Allow the existing Denton Municipal Electric regulations to dictate the construction of electric lines.) 4 Sec 35-505 Standards for Gas Well Dnlhng and Producbon (6) Ad&t;onal safety and environmental requirements (Page 8) e All storage tanks shall be equipped with a secondary containment system ~nclu&ng hmng w~th an ~mperv~ous matenal The secondary containment system shall be a minimum of three feet (3') ~n height and one and one-half (1%) braes the contents of the largest tank and buried at least one foot (1') below the surface Drip pots shall be prov;ded at pump out connect,on to contain the hqu~ds from the storage tank (For clarification) 5 Sec 35-505 Standards for GasWell Dr~lhng and Production (6) Additional safety and enwronmental requirements (Page 8) k Lmln¢l the ~ reserve p~t shall be required ~f the reserve p~t is w~th~n two hundred feet (200)' of a body of water, creek, or floodplain (In kee~ina w~th industry terminoloav.) 6 Sec 35-507 Gas Well Permit Required (Page 10) (d) Any well or any well that has obtained a Gas Well Permit ~ssued by the F~re Marshal prior to the effective date of th~s Code shall provide all ~nformatlon required for Gas Well Permits under th~s Article unless the ~nformat~on has been prewously prowded to the Fire Marshal Gas Well Permits ~ssued by the F~re Marshal prior to the effective date of th~s Article shall comply w~th these ~dd'.t'.c.".~l requirements (For clariflcat~on) In addition to the recommended changes, the Sub-committee also had questions and comments related to the following sections of the ordinance Below ~s a table ~dent~fy~ng the section of the ordinance ~n question, the question raised and staff response Does the ~nsurance run for the Yes hfe of the well? General hab~hty Coverage excludes environmental Why ~s Environmental Pollution coverage, therefore a Llab~hty Coverage needed ~n separate pohcy ~s required addition to Commercial The potential iow risk of Sec 35.508 Insurance General L~ab~hty Insurance'~ environmental pollution should result ~n a Iow rate for the insurance The required Enwronmental Staff agrees and w~ll be Pollubon L~ablhty Coverage addressing this at a later singles out the gas ~ndustry It date should apply cltTwlde The intent ~s to protect the C~ty of Denton and is specific to the duties of the permit process The operator must The prowslon ~s ~nequ~table, meet specific regulations Sec 35-508 Indemmflcat~on unfair and over reaching ~dentlfled ~n the permit process, ~f the c~ty and Express Neghgence Uncomfortable w~th the representative has an error Prows~on wording, but leave ~t to the ~s neghgent or m~sses "wr n" professionals something o .q, the C~ty ~s not responsible for not catching ~t Staff w~ll try to reword to ~dent~fy the ~ntent (see below) Based on the concern expressed at the meeting, staff ~s proposing the following rews~on to Sec 35-508 Indemmflcat~on and Express Neghgence Prowslon 8 Indemniflcat;on and Express Neghgence Prows;ons Each Gas Well Permit ~ssued by the F~re Marshal shall include the following language Operator does hereby expressly release and discharge, all claims, demands, actions, judgments, and executions which ;t ever had, or now have or may have, or assigns may have, or claim to have, against the City of Denton, and/or ~ts departments, ~t agents, officers, servants, successors, assigns, sponsors, volunteers, or employees, created by, or ans~ng out of personal ~njunes, known or unknown, and mjunes to property, real or personal, caused by or ans~ng out of, that sequence of events which occur from the operator under the Gas Well Permit and work performed by the operator shall fully defend, protect, ~ndemmfy, and hold harmless the C~ty of Denton, Texas, and/or ~ts departments, agents, officers, servants, employees, successors, assigns, sponsors, or volunteers from and against each and every claim, demand, or cause of action and any and all habd~ty, damages, obhgat~ons, judgments, losses, fines, penalties, costs, fees, and expenses ~ncurred ~n defense of the C~ty of Denton, Texas, and/or Its departments, agents, officers, servants, or employees, ~nclud~ng, w~thout hmltabon, personal injuries and death ~n connecbon therewith which may be made or asserted by Operator, its agents, assigns, or any third parbes on account of, ans~ng out of, or ~n any way incidental to or ~n connecbon w~th the performance of the work performed by the Operator under a Gas Well Permit and, the Operator agrees to mdemmfy and hold harmless the C~ty of Denton, Texas, and/or ~ts departments, and/or ~ts officers, agents, servants, employees, successors, assigns, sponsors, or volunteers from any hab~ht~es or damages suffered as a result of claims, demands, costs, or judgments against the C~ty and/or, its departments, ~t's officers, agents, servants, or employees, created by, or anslng out of the acts or omissions of the C~ty of Denton occurnng on the drill site or operet~on s~te in the course and scope of inspectml:l and Dermitfln~ the gas wells INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGEs ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE CITY OF DENTON OCCURRING ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE GAS WELL IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED FO~ IN THIS SECTION IS AN iNDEMNITY EXTENDED BY THE OPERATOR TO iNDEMNIFY AND PROTECT THE CITY OF DENTON, TEXAS AND/OR ITS DEPARMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE CITY OF DENTON, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE RESULTANTANT INJURY, DEATH, AND/OR DAMAGE THIS LIABILITY SHALL BE LIMITED TO THE MAXIMUM AMOUNT OF RECOVERY UNDER THE TEXAS TORT CLAIMS ACT (added" ~n the course and scope of Inspecting and permttttng the gas wells" to better identify the ~ntent and scope of th~s sectton) ANALYSIS & RECOMMENDATION: The proposed ordinance reflects the Planning and Zoning Commissions comments as of the September 12, 2001 work session Staff recommends that the ordinance be recommended for approval with the recommendabons from the sub-committee and the revised wording to the Indemnification and Express Neghgence Prows~ons ALTERNATIVES: 1 Recommend approval as submitted 2 Recommend approval w~th (~ond~t~ons 3 Recommend den~al 4 Pos~tpone cons~deration 5 Table ~tem ENCLOSURES: 1 Ordinance amending Chapter 35, Zomng, of the Code of Ordinances relating to Gas Well Development 2 C~ty Of Fort Worth Draft Gas Well Ordinance NOTE iENCLOSURES ARE NOT INCLUDED IN STAFF REPORT, BUT ARE AVAILABLE FOR REVIEW IN THE PLANNING OFFICE ALL P&Z COMMNETS HAVE BEEN INCORPORATED INTO THE FINAL ORDINANCE ]0 Agenda Number-01Q~28 Agendaltem #0._.~5 Date - 10-10-01 S10'1-0011 (CODE AMENDMENTS) PLANNING & ZONING STAFF REPORT PURPOSE: Consider making a recommendabon to the C~ty Council regarding amendments to Chapter 35 "Zomng Ordinance" of the Code of Ordinances of the C~ty of Denton, Texas to add regulations relating to gas well development SUMMARY: On September 26, 2001, the Planmng and Zomng Commission held a pubhc hearing on amendments to Chapter 35 "Zomng Ordinance" related to gas well development At that brae, the Commission recommended approval of the proposed ordinance (with conditions) and reserved comment on ~ssues raised by gas industry representatives unbl such t~me that the sub-committee could meet and bnng back recommendations to the entire Commission SUB.COMMITTEE REVIEW: The Plahnlng and Zoning Sub-committee ~s scheduled to meet on October 8, 2001 ~n the C~ty, Council Work Session Room at 1 30 pm to resolve the outstanding ~ssues ~denbfled In the September 24, 2001 M~tchell Energy Company letter (Enclosure 1) Staff responses to the ;ssues re~sed ~n the letter follow each comment (bold ~tahc font) Sub-committee comments and recommendatEons w~ll be forwarded to the Planmng and Zoning Commiss~onere prior to the October 10, 2001 hearing The attached ordinance (Enclosure 2) ~s enclosed for your reference and has been rewsed to address the Planning and Zoning Commissions recommendations and some add;bonal staff rews~ons ^11 changes are ;nd;cated by bold type for additions and w~th a stnkethrough for delebons Staff rews~ons include · Rxed a Secbon number reference on page 3 of the ordinance · Replacing "comprehensive plan "w~th "Denton Plan ", page 6 · Replacing "Chapter 29, Fire Code "w~th "the F~re Code", page 6 & 15 · Removed "o~1" reference on page 5 · Added "and Indemnlfmabon" to Sec 35-508 heading for clarification, page 11 · Replaced "General Requirements" heading w~th "lndemmflcat~on and Express Neghgence Provisions" heading on page 12 for clarification · Replaced text ~n the Indemnification and Express Neghgence Prows~ons section on page 12 for clanflcat~on · Revised text on Insurance carners to allow for a w~der range of ~nsurance companies Page 13 PRIOR ACTION AND REVIEW: August 08, 2001 Planning and Zomng Public Hearing August 22, 2001 Planmng and Zoning Commission Work Session September 4, 2001 Planning and Zoning Sub-comm;ttee meebng September 12, 2001 Planning and Zomng Comm~ss;on Work Session September 20, 2001 Planning and Zomng Sub-committee meebng September 26, 2001 Planmng and Zoning Public Hearing ENCLOSURES: 3 September 24, 2001 M~tchell Energy Company letter 4 Ordinance amending Chapter $5, Zoning, of the Code of Ordinances relat;ng to Gas Well Development NOTE ENCLOSURES ARE NOT INCLUDED IN STAFF REPORT, BUT ARE AVAILABLE FOR REVIEW IN THE PLANNING OFFICE ALL P&Z COMMNETS HAVE BEEN INCORPORATED INTO THE FINAL ORDINANCE Attachment 2 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM TO PLANNING ~ ZONING COM~IISSIONERS FROM L.'~R.Y REI~T, ASSISTANT DIRECTOR OF PLANNING AND DEVELOPMENT SUBJECT OCTOBER 8, 2001 P&Z SUB-COMMITTEE REPORT ON NATURAL GAS DEVELOPMENT DATE OCTOBER 8. 20~1 The Planmng and Zomt~ Conmusston Sub-comrratree on gas well regulaUons meet on October 8, 2001 vath staff members to ~esoN. e the outstanding Issues ldenufied m the September 24, 2001 I~tchell Energy Letter The sub-cormmttee commts of Comrmssloners Mulroy and Roy Staff representauves included myself, Dome Palumbo. J~hn Gillette and Robert Waggoner Also present at the meeting were Mark Stephenson, Ray Stevens ~ Jay Ewmg of M~.tchell Energy, Ike Shupe of Huges and Luce, Bill Stevens of Texas Alhance of Energy Pzoduce~s, and Plul Luebbehuseu and Robert Carson of Hfllmbotham (an insurance promder) The sub-cor~m,:~e r~ponses to Issues za~sed m the letter follow each comment (bold ltahc font) Policy Issues 1 The ordmtmce only allows gas development "by mght" m Agricultural and Indusmal thsmcts If the separauon chstances and "stamdard condmons" ere satisfied, gas development should be allowed "by right" m all dtsmcts Tlus would ~tze-~mh,,e the approval process and substanually reduce the adrmmsttaUve burden on the cay and the mduswy (Recommend no change) 2 The ordinance unposes sepazat~on reqmrements from structures and uses that ernst when the gas development occurs T~e om~nance does not, however, wnpose the same separaUon requtrements on surface development that occu.es afi:~ the gas development As a consequence, subsequent surface devdopment can cause the gas development to become "legal nonconforming", wi*ach Is unacceptable to the industry This could lumt adchtmnaI rl~llT~g covered by the perrmt because tt would constitute the expansion of a nonconforming use (whsch could require Bo~:d of Adjustment approval) In adchuon, independent of the legal status of the gas dev~opmeut as "nonconfom*ung", the encroachment of surface development could make the well sites mercessfft~le for re-work operaiaons or for the drfllmg of adchuonal d~ecuonal wells from the ckall slte The clty's ztew comprehensive code should reflect the same separation chstances as are apphcable to gas well developmmt. (Reeoramend adding language clartf3nng the zntent to allow the well development to remain eo~formzng D~scusston also centered on bow best to not~fy potentml adjacent restdentml develoi~ers of imt~ending gas development O£t~ons tncluded tbe gas operator posting a stgn and ba~nng readdy a~azlable mapping tnformatwn at the c~ty ) 3 The "petroleum sp~*h,~f' prommons represent a "blank check" from the operator to the c~ty The ctrcumstance~ under xrh~cb, the operator Is responsible for such costs should be narrowed and should be "capped" at $2,500 (Recon, mend no cbange) CIB' of Denton, Pltuanm$ ~nd IX~r - 1 - 221 N Ft~m, D~t0n, Te.~ 762~I (91o} ~49 8:~50 f~: C940) ~.9 TO'/ 13 4 In hght of the hrmted envtronmental nsl~ represented by gas development m the Barnett Shale and other gas be~,n-g zones In thxs area, the reqturement for $10 mllhon m environmental habthty coverage is urmecessa~. (Recommend no change at tbts trine. Discussion also centered on the posuble need for a Well Control Pohcy (a first party pohey focused on repatnng or fixtnga well out of control) and whether a $5,000,O00 per occurrence pohcy was more beneficial than a $10,000,000 aggregate pohey Robert Waggoner ss tnvesttgattng and wdl report ba& to the Commtsswn at the October 10~ meeting) 5 The city should not reqtm:e an operator to Indemmfy the city against clan-ns arising from the sole neghgence of the sty It Is completely Inappropriate for the city to reqmre another party to Indemnify the caty against tts own neghga~ce It is also unf~ur for the city to single out the od and gas industry for tats requirement (Proposed reomons adequately address this ~ssue, recommend no change) 6 Perrins dentals should be appealed to the city council instead of the ConstrucUon Review Board, whose principal fuaciaon Is to interpret the provisinns of the fire code (Recommend appeals go to Ctty Council al~er a recommendation by l°OZ) Techmcal Issues 1 ,~tctton 35-$05(a)(2)t~ Depending on the CO2 content of gas, an on-site "amine unit" may be needed to remove the CO2 before the gas Will be accepted into a pipeline (CO2 and water create carbontc acid wbach is corrosrve) (Recommend addtng, ~addmonal means, metbods and tecbnology must bac~e Ftre Marsbal approval) 2 Section .~$-505(a](2)(~). The lettering for the "DANGER NO SMOKING 31.1 .OWED" signs be changed from 4" to 3" to make the size of the signs more reasonable With 4" lettering, the sign would be a cumbersome 4' by 7' if the words are all ho~zontal (rather than vertacal) (Recommen&ng no change) 3 .Ytctton $$*505[qJ(2)h Elecmc lines at production facihues are reqmred to be located tn a manner compatible With surrounding areas Temporary hnes may be overhead unul the facihi~es are completed, therefore, we recommend tNs requirement apply only to "permanent" elecmc lines (Proposed revisions adequately address this usue, recommending no change) 4 Sect/on J$-$0$(~J(~.J_~ Fracttwe technology should not be bruited to "hght sand fracture technology or technologies approved by the Flee Marshall in accordance with the Fire Code" This hrmtatlon does not provide the Industly with the flexibility to Implement new technology The Uniform Fire Code and the city's Fire l~hrsh':ll should not be the ultimate authority with respect to gas well fracture technology We recommend this limitation be deleted. (Recommending no change) $ Stetson ~;$.$05(~1(6)a Access to well sites should not be prohibited within floodplain areas The city allows a variety of uses in floodplain areas, inchidmg the "access" necessary for such uses Prohihitmg access thxough floodplain areas vail unnecessarily overload non-floodplain access routes and render some well sites virtually inaccessible We recommend this prohibmon be deleted (Proposed reco~$wns adequately address this usue, recommending no change) _ 2 14 6 Xtct~on 35.$05(~l(~)t Storage tank conta~'unent systems ~:e designed to hold a certain volurae of flmd and height :s Just one of the factors that deten-nme that volume The industry staucla~d for sp~ll p~evanuon purposes ~s 1 5 Umes the capacity of the largest tank. Generally, M~tchell's containment systems ~ not meet the three feet height requ~ement m the current &:aft We recommend ~t be replaced with the volume standard described above (Recommend removing the 3' be~gbt reqmrement and only requmng 1 ~ times the caI~acity of the largest tank) 7 .~tctton $$,$05(a)(~).~ Well casings for abandoned wells should not be reqmted to be cut and removed to a depth of 10 feet below the surface Tins requ~ement serves no meaningful purpose with the ad&tion of subsection "(6)t" that prolublts any structures fi:om being build over an abandoned well It wdI, however, substantially mcxease the cost to plug a well The Radroad Corrmussmn standard Is three feet We recommend the Cormmsslon stand~d (Recommend changing deptb to 6') 8 $ectton 35.508(d)(2) The pollution habthty coverage should apply to "accadental pollution con&tions ' rather than "sudden and non-sudden pollution con&tions" (Recommending no change) 9 Sectton $5,511(0(~) Drilling is requtred to commence within one year after a pemut Is issued There mar be a variety of reasons why drilling wtll be delayed (including eqmpment avadabthty, pipeline construction. coordination with the surface developer, ere ) We recommend a two-year penod (the same period for which the Railroad Comrmsslon pemut :s vahd) (Recommend allo~mg one - I year extension after DRC rev~e~ and only ~f regula~tons and extsting condmons are unchanged) In ad&tion to the &scusslon on the Mttchell letter, Robert Was[goner handed out an EPA report on a we~ blow out m Waynesburo, Mississippi As ts customary, we are providing a copy to all Comrmssloners If you have any questions or need additional m formation, please do not hesitate to contact me 15 Poilu*on Re, porn (POLIt]/PS) for Removal end Otl Spdl Sit~ la~p.#www cpa. gov/mg~on4/waste/sf~mbAv~yblopr h waste management Rc~:~iorl 4 ~n~e~st~ Region 4 Pollution Reports (POLREPS) for Removal and Oil Spill Sites Wayneaboro Well Blowout, Wayneaboro, Waynes County, MS POLR.F~ #3, 02/22/01 BACKGROUND On 02/13/01 at 8 53 p m Beard 29-7 Itl natural gas well m Wayncsboro, Miss, experienced an over pressunzatmn that exceeded the capacity of the blow out preventers (BOP) The crew on site, lgmted the gas plume in order to prevent the gas from reaching an lgmtion source oft'site The well Is the first in a new undeveloped well field and geologic fommtion (ualdcat well) The local Emergency Management Agency untisted a voluntary evacuation 2 ½ nules around the site This was later chauged to a mandatovJ evacuation when the Office of the Governor declsrcd a State of Emergency The lease holder/well owner, Bean Resources(PRP), hired Boots and Coots Group to bnng the wall under control Site location The well field is m a rural area outside of Waynesboro, Miss, offHwy 84 West The property surrounding the well site consist otpnvate homes on large acreage lots and wooded ~reas There arc a number of small cattle ranches and chicken houses in the are~ There is a large drmhng water reservoir and water park vathm 1/4 mile of thc well site Descnpti0n of threat The plume emanating from well fire contains hydrogen sulfide, sulfur diomde, carbon monoxide and hydrocarbon particulates Weather conditions may alter the height of plume and force it closer to ~'ound level Additionally, the concentration of contaminants in the plume are not homogeneous The flame height and intensity vanes through out the day Au- momtonng has indicated the presence of hydrogen sulfide near the well head and particulates vathin the 2 ½ mile evacuation radius In order to remove the damaged drill ng and BOP from the wallhead, Halliburton services, a subcontractor to Boots and Coots will use a cutting system winch uses an abrasive sluny pumped at high pressure through a jet nozzle This process w~ll generate up to 120,000 gallons of petroleum contaminated waste water per day A catch basra and on site waste water treatment system have been installed to meet state water quality dLscharge reqmrements RESPONSE INFORMATION · Boots and Coots crews cut the old BOPs offthe well stem yesterday This process reqmres massive quantities of water to keep the crew and equipment cool dunng the cutting operation and there is a possibility that the flame may be exi~nl~nshed m the proeess All non essential personnel ware evacuated from the site dunng the cutting operation · The waste water treatment system has been constructed on site and is in operations The system is designed to remove suspended sohds and metals from the water being generated in the cutting operation. This discharge hmitations are m accordance w~th state reqmrements START personnel are momtormg the discharge for pH and conduct~vity · Per momtonng continues by both Boots and Coots personnel and US Coast Guard Since the majority of the oil coated debns has been removed from the wellhead, the burn is of 2 10/8/01 9 38 A- 16 -~ton 4 ?ollut~on Reports (POLRI~PS) ibr Removal and Od Spill St~es ' htcp./~'w,~ epa.~ov~on4Av*-st~/sEerrbAvayblopr ~ cleaner and the plume is not as noticeable Parttculate fall out on arxd offstte LS non-detect Momtors have indicated hydrogen sulfide m thc area of thc well head. The 2 ½ mile evammtton radius remains m effect. · Boots and Coots expect to have the new BOP m place by this Friday If that is the case, tho evacuation order will be suspended FIJ'rUR~ ACTIVITIES Once the well has been brousht under control, a soft rcmediation plan w~ll be developed and unplemented to deal vath the petrole,m contaminated sods surrounding the well head State w~ll provide overstte EPA Home I R4 Homf~ [ Waste Home I 8eerch I Contact Us I Helo http Ilwww epa ~ovlre~on4Avastdsfferrb/wayblopr btm UpOat~l Ap~ 25, 2001 ! of 2 10/8/01 9 38.4 17 ATTACHMENT 3 that based on other developments In the speak We have a motion on the floor t based on traffic generation, t.Ms a Comnussloner Powell 3 the types COMMISSIONER POWELL I m sor~ 4 received on similar d for lank of a second 5 Thank 5 i do 6 Snyder ~ questions, Keep In 6 second sc t I'm still lnqumng 7 nund that alon~ that this ts 7 8 to City ( 8 motion 9 If 9 I have a 10 there's r notion? l0 motion from a second from 11 Commissioner Kelth 11 Comnussloner Apple :hscusslon? Seeing no 12 COMMISSIONER I I'll make the 12 further thscusslon the recommendation 13 motion that th [ he wants to split 13 Motion fails 5 2 14 it, I tinnk -- I that we go 14 ROY 15 wltt i on tbas He 15 ta,~D r ., VOTINO IN 16 will be paying e The 16 EL~. 17 ¢ommermal will be generatm~ 17 may 18 over the years, will be : than 18 ,'r Powell 19 enough ;htnk that's how we should 19 20 Thank 20 the two mohons 21 I'm not COMMISSIONER HOLT Second COMMISSIONER RISHEL COMMISSIONER KEITH well, what I'm seconded b3 think we should make a motion to -- , further discuss~on? Seeing no further discussion COMMISSIONER RISHEL And there's two please vote on the motaon That motion can'les 6-1 One ts the 1 2 3 wcll~ I'm 3 Commissmners That will move us to Item No 5 on our 4 both 4 Agenda, which is consider making a recommendauon to City 5 5 Council regarding amendments to the Chapter 35 Zomng 6 we make 6 Ordinances of the City of the Code of Ordinances to the 7 a metier that we spht 7 City of Denton, Texas to add regulations relating to gas 8 this with hnn 8 well development Mr Relchhart will present 9 Winch would be 9 MR REICHHART Thank you At our last 10 S15,000 00, 10 meeting, the Planning and Zoning Commission did ~ecommend 11 11 approval of a portion of the ordinance and held comment on 12 Is there a 12 additional outstanthng msues that were presented at the 13 second9 Roy 13 meeting Monday the subconumt~ee -- tins past Monday the 14 may have 14 subcommittee met, went over those outstanthng issues, and $ you say s cost, split 15 I bebcvc excuse me, I behove cvecybody has been given 16 the total ;pitt the alread :, already 16 a copy of that material that was SlUing at your places 17 pro 17 when you came in 18 spht tt as 18 And I think the - if you would like we COMMISSIONER RISHEL $15 000 00 19 can go over those issues There really isn't any major d recommended was $30,000 00 20 changes proposed by the subcommatee There's some I understand ti, would be $15,000 00 21 additional language that needed to be added to clarify the l, something etse9 22 intent of the ordinance Perhaps If you would like we COMMISSIONER KEITH NO 23 can go over these one at a reno or I'll just answer COMMISSIONER RISHEL okay 24 questmns, whatever - button Itt before and I'm not quite sure if they still 25 COMMISSIONERRISHEL commissioners, what COMMISSION t~'~"~ER 10, 2001 Page 41 - Page 44 19 CondenseltTM ~ Page 45 Page 47 1 ~s your pleasure wRh regerd to the thscuss~on? I COMMISSIONER RISHEL COIlUlll~A3n~' 2 COMMISSIONI~. POWELL AeSV~I' tho questions, 2 Comnussloner Kc~th, would you rather ha~ Mr W~- go 3 I think aught be a httla faster 3 through the quesuons or would you rather ak hum some 4 COMMISSIONER RISHEL Let's proceed through 4 quest~uns now7 5 the questions that we aught havc had CurnunSSloners, any . 5 COMMISSION'ER KEITIx GO ~ 6 questionS? Conmussloner Roy 6 MR~ WAONEIL okay Thank you 7 COMMISSIONER ROY Yes There was poe open 7 COMMISSIONER RISH~L 111 come back 8 ISSUe 8 you, though Mr Wagner 9 MR REICHHART Regarding the lnsorance? 9 MR W^O~,ER. Okay Thank yet. If)~au 11 10 COMMI~IONER ROY Regarding the msurancc 10 look at - It probably be best su:~d to turn m the 'third 11 and, perhaps, we should discuss that unc 11 page, I bcheve, in tho original handout. Tbs would be 12 MR REICHHART t do havc en E mall that 12 starting at thc top wth tho word - well, I n eot $"vxe 13 was sent to mc by Robert Wagner I havc copies that I 13 wluch handout you havc now 14 wlll hand out He ls also pt~ent and I flunk ha'd be 14 Okay Thu'dpage ffwcskdp&'watotha 15 bctter stated to answer th~c questloos 15 Section B in about the nuddlafect~om of tM: page whe~. tt 16 COMMISSIONER ROY That was Item 8, right, 16 says "required lnsorancc coverages." Who. we ye wn',.en 17 In your handout, I think 17 here Is a general habihty pohc) nXlUmauer~ vot~ a 18 MR W^O~ER xhankyou 18 mlmmumofoneaulhondollars Weongcallyhadwmted 19 COMMISaIONEaRISHI~L nndonccagam, Mr 19 tlusatamlmmumoffivcnulhendollars 3,Ia)b¢ let me 20 Wagner, would you g~ve us your nan~ and address? 20 start there, ~t would ha better to ~xplam lt. We 21 MR W^ONE. R Yes, Comnussioners, Robert 21 originally had tlus at fivc nulhca dollars a~ the= we 22 Wagner, risk manager for thc City of Denton We have met 22 had an additional policy rec!uu'ement of tec rn,lIT,r~u for 23 extens~voly on thc msuran¢c issues, mci with members of 23 environmental hab~ht) 24 the indus,'y, met w~th msurancc industry representatives 24 What we ,,~ere able ~ do by taiL-ag tc 25 who w~ supphed by members of the mdustxy, who write 25 members of the ~nsurance mdusa'y ,~ho -~e poh¢les ,or Pagc 46 Page 48 I specifically for th~s ~ndustry Through the cxpertisc of I this was coma up with ttus lang'~age And :hat ~s the 2 thosc mthwduals, I think that wc have now como to a 2 general habthty insurance pohc with a 3 langnagel for an lnsorance portion of ttus ~r&nancc that 3 unlhen dollars per occurrence Within tho' 4 will me~t our nods 4 you s~, in Section B, ens ;runmmtal tmpa~en~ cc se~a~ 5 I think that what we havc found in flus ~s 5 and pollution shall bc e~thor mchded m tlu, cove:rage 6 that we had an idea of where we wanted to ha in this 6 written as separate So that me~ phc of the .onc~"as b~ a 7 ordmanc~ Wc had levels of msttrencc that we wanted to 7 member of industry at our last =:eetmg tho: .hen- pohc~ 8 make sure was there sot by the Comauss~oners concurred by 8 they had already included th:s a~d they th~ t wrmt to 9 staff Thc problems wc may havc nm ~nto with th~s was 9 havc to buy an additional poha) that $ me~ 10 writing ~t in a way m whch ~t could bc obtmned in thc 10 hero And we were ablc to acccmphah thru :ask. 11 industry What we were able to do, egam, by meeting with 11 That cnv~ronmentul nnpaLrment -,1~¢ c~- 12 those mc~ust~y ~nsurance experts and explaining what it ~s 12 ~nsurancc is specffic to the induing/and wold ~ orr 13 that we am wanting in this oedmance, they were able to 13 concerns involving any potentlfl pollul~on cr 14 help us get the proper language so that what we were 14 environmental ~mpairment from these operazoos If we 15 wanting could be obtained And that is what resulted in 15 skap now to the tlurd page the Section 4 o_ess ca' 16 this that was passed out to you by Mr Reichhart 16 umbrella hablhty insurance with a mmunut:_ 17 Any questions on that or would you like me 17 nulhon dollars in excess of the t'recedang 18 just to nm through the changes that w~ made? 18 pohaies, ttus, agem, is a very standard exce~ habfl~ty 19 COMMISSIONER RISHEL why don't you go 19 policy that would cover aH of then' habtht~ 20 through the changes that you made? 20 regardless of whether it's genera~ habflaty cc 21 MR WAON~, certainly 21 environmental impairment 22 COMMISSIONER RtS~L t have a couple of 22 So now we sull meet our goal a~ thor was 23 quest~uns from Comnuss~oners that would like to ask you 23 we wanted to make sure we had a level of ma m~Thon 24 something, perhaps 24 dollars available to use for polluuon covera~. Then ff 25 MR WAONI~R I ~ wait Thank you 25 wc go to Section 5, th~s Is an area that the r-,~nbers of PLANNIN0 AND ZONINO COIVIMISSION OCTOBER I0, 2001 P.zge 45 - Page 48 20 CondenseltTM Page 49 Page 51 I the lndusley presented to us, members of the -- and thc 1 the I bchevc it's on thc it's on thc first page of 2 msuranco industry that this ~s very standard for these 2 th~s sectren in thc top paragraph Th~s coverage may be 3 ~ of operations to carry control of well msuranco w~th 3 purchased on a blanket bas~s for multiple wells So if 4 a m~ntmum lmut of five n~alhon dollars per occurrence 4 ',he operator is coming in and getting a penmt with 5 Tho -- a good way to explain that coverage 5 multiple well situs, ~ would only need to havo th~s 6 and these othar cov~ages, if you'll look in your handout 6 coverage one time 7 at the drawing or th~ dmgram, the typo of exposures from 7 COMMISSIONER POWELL okay So let's 8 this operation is -- tha actual exposures am not 8 I m going 1o talk about a hypothetical Assurmng they ve 9 necessarily duo to the dr~thng operation i~self 9 got five webs, and the guy next to them has got ten 10 I think we had a very n:co presentetlon at 10 wells, and these are just assumptions 11 our last m~ng ragardmg the solution, th~ barium 11 MR WAONP. P, okay 12 solution that was used dtmng the dnlhng process that 12 COMMISSIONER eOWELL Tho insurance for the 13 was not a pollutant Howe~er, I thmk tho concern in 13 person with ten wells is not gemg to be twice as much as 14 theso typ~ of operations ~s actually when a blowout 14 :t would be for the one for five, :s 15 OCCURS 15 MR WAGNER That's correct They would be 16 When a blowout occurs, the gas blows out of 16 the same 17 the well head, tha response when that happens ~s to ~gmte 17 COMMISSIONER I'OWEt,L Thank you very much 18 that gas, and now wo havo a large plume of f'tra, that an 18 COMMISS~ONP~. RISHEL Thank you, 19 example Of winch was also just handed out to you on an EPA 19 Comm~ssmner Mr Roy 20 repor~ that IS v~lnfi' sp¢OlfiC to ~ exact typ~ of 20 COMMISSIONER ROY t m looking at the last 21 oxposures that we would be deahng with hare m our 21 page of tho handout, paragraph 5, subparagraph B I 22 operatiens 22 understand the first sentence, the pohcy shall cover the 23 Whan they havo that typo of a blowont, 23 cost of controlhng a well that is out of control And 24 these are tho typo of exposures m tins d~agram that they 24 others, the seepage and pollut~on damage I'm trying to 25 would bo faced with The way that they are able to cover 25 understand why we would want to specify m our ordinance Page 50 Page 52 I those exposures are wzth two types of insurance One I that the operator has to have insurance for the property 2 would be tho habthty pohcres that we,dzsoussed, and the 2 in Ms care, custody and control 3 other bemg the control of well msuranea that we wore 3 MR WAGNER well, s~r, we're not 4 able to learn about through the industry roprescotatlves 4 necessarily specifying that in this orthnaneo Typically, 5 So I think that we've got a very thorough 5 if there are subhmas that are added, they would need to 6 understanding now of what's available to these compames 6 be agreed upon or approved or -- because they may detract 7 in the market, what they can obtmn and the reasons why 7 or they may limit the amount of funds that would be 8 they would need them and the exposures that we'd be 8 avmlable ~n a habthty situation This $500,000 00 9 protecting w~th that msuranea Any questions~ 9 sublmut would be used w:tl~n th~s five million dollars 10 COMMISSIONER RISHEL comm~sstoner Ketth 10 And so what we're saying ~s it's okay 11 COMMISSIONER ICEITH I thought I had my 11 COMMISSIONER ROY so you're saying that if 12 button off I'm sorry 12 them was an incident and a lot of Ms equipment were i13 COMMISSIONER RISHEL That's okay 13 damaged that ho m~gin not have money to cover our needs m 14 Comrmsszoner Roy, did we get your question answered9 14 adthtlon to his own'~ 15 COMMISSIONER ROY NO ! thttlk 15 MR WAGNER well actually sir, in the 16 Commissioner Powell had a question ahead of me 16 control of well Insurance it's almost all their needs 17 COMMISSIONER RISHEL GO ahead 17 that this :s covenng I think tha best example of the 18 COMMISSIONER POWELL Thank you, ~ 18 control of well is in your handout, tho EPA report that 19 Chal.rlTlarl I don't know that I totally understand whether 19 was provided to descnha a natural gas well m Waynesburo, 20 th~s msurunce pohoy is written per operator or per well 20 Mississippi that they experienced a blowout 21 To me, tf it's written per operator, it looks l~ke it 21 Dunng that blowout, they had a plume 22 makes sense If it's written per well head, tt looks hke 22 emanatang from the well containing hydrogen sulfide 23 It's going to be tragically expensive And can you help 23 sulfur d~oxide, et cetera The operator had to h~re a 24 me out here9 24 subcontractor to bring the well under control The way 25 MR. WAGNER Yes, sir It' you'll look on 25 that they were able to finance that operetion to bring PLANNING AND ZONING COMMISSION OCTOBER 10, 2001 Page 49 - Page 52 21 CondenseltTM Page 53 Page 55 I that well under control is the control of well insurance I M~. WAC, Ng, R Exactly That is an excess 2 That subcontractor -- or that contractor 2 hainhty policy that actually if you flunk of it as an 3 then went out and hued a subcontractor who specialized tn 3 umbrella pohcy, it would cover all of the different 4 actually cutting the well head off And so there's, you 4 habthty policies, that would be the general liability 5 know, as you can una~ne, these were very expensive 5 pohcy, thc auto habthty pobey, If oocessa~, and the 6 operaUons that we're talking about Without tins type of 6 workers compensation winch is a hablhty type of a 7 financial -- without flus funding available through flus 7 pohcy 8 type of insurance, then we may have a well that's out of 8 So the excess insurance is in excess of all 9 control -- burning out of control without any means 9 habthty pohmes If it's called upon it would drop 10 financially of being able to stop it, without the 10 down and bebun payment when those other insurances are 11 alternative, and that would be maybe the City luring 11 expired 12 contractors at our expense So all of the control of well 12 COMMISSIONER KEITH okay T'ms is a 13 really helps protect their operation 13 typical mount required of other communities such -- in 14 Now, when there Is the -- the blowout Is 14 flus endeavor~ 15 contained, you know, their property may be damaged 15 MR. WAONEP. The ten nulhan or thc five or 16 Within that five milton dollar pohcy, there is still 16 ten was what we gained from tho mdustxy and the insurance 17 avmlabthty within that policy to handle environmental 17 representatives that both of those levels arc common 18 cleanup and pollution surrounding the well site from that 18 Raght now in looking at several of the other cities that 19 blowout 19 are working on this, ten nulhon seems to be the number 20 The insurance experts who thscussed this 20 that most of them are settling on and ten mflhon was the 21 specific Occurrence with me pointed out that this was such 21 dollar amount that has been recommended by this 22 a large operation that they exhausted theu' control of 22 Conmussmn 23 well pohcy in order to try to bnng this flung under 23 COMMISSIONER KEITH DO yOU know what the 24 control That's where now you have your exeass habthty 24 premauns for flus amount is going to be typically? 25 pohctes, your general habihty pohc~es that include the 25 m~. w^ot4~a NO, sir, I do not Page 54 Page 56 I envirem*ntal impairment up to now ten million dollars I COMMISSIONER KEITH YOU do not know9 2 Actually It's 11 mllhon dollars You have. one million 2 MR WAGNER NOW, I would like to answer 3 under the as ten rmlhon on the excess And that is a 3 that and say, though, that in talking with the insurance 4 sizable dollar amount and ~t should be adequate to cover 4 representatives from that industry, that these policies 5 any environmental aleanup 5 are probably already m place by these companies, that 6 COMMISStoSm~ ROY Thank you 6 they have tins type of coverage already 7 COMMISEtoNF~R RlSnEL I know we have a 7 The industry individual that came before us 8 couple of adthttonal questions from Comnmsloners But 8 at our last meeting had these type of policies in place 9 let me just try to summarize what we see here with regard 9 The way we had it written, he felt that he was going to 10 to the documents that we're looking at If you ceald l0 have to go out and buy an additional policy in addition to 11 think of tl~ recommeadanon that we need to make to City I 1 these already he had tn place And that was the numbers 12 Council as brang what you have in your manual as well as 12 that he was throwing out 13 the memorandum dated October 8th and mayb~ we can combine 13 It would not be necessary for hun to buy an 14 the October 8th recommendations with the recommendations 14 additional policy He specifically will probably already 15 that we have within the scope of the manual that we passed 15 meet these requirements 16 out, that that would be an apprepnato recommendation 16 COMMISSIONER RISHEL okay Thank you, 17 eventually Canmussluaer Keith 17 Commissioner Commissioner Holt 18 COMMISSIONER KEII'H Yes Okay My 18 COMMISSIONER HOLT Did we have thls -- I 19 question is on this lan million nummum Inmt How was 19 guess this Is for staff, looked at by an outside law firm 20 that apph~d again? 20 hke we chscassed at the last meeting9 21 MR WAONEIC I'm sorry, sir 21 COMMISSIONER RISHEL Mr Reichhurt 22 COMMISSIONER KEITH what dm your ten 22 MR. REICHHART I believe it was forwarded 23 million nunanum hmit of ten rmlhon cover in excess 23 to the outside attorneys and, perhaps, Dottle Palumbo 24 the precechng insurance pohcies, are you saying that's 24 could address where they are on their review 25 kind of another stop-gap pohcy? 25 COMMISSIONER RISHEL Mrs Palumbo PLANNING AND ZONING COMMISSION OCTOBER 10, 2001 22 Page 53 - Page 56 Conden~ItTM Page 57 Page 59 i MS PALLVMBO' WO forwarded these documents I I've looked at thear or&nanea and they 2 to thc law firm of Strausberger and Price They have an 2 don't - everything in your urdmance has everything that 3 oil and gas seatlon They are ~n Dallas They're also m 3 they have addressed ~n thc~r ord~nancc I havc talked to 4 Houston, and I believe m Austin They eepresent Repubhc 4 the c~ty attorney of Demson, Texas the c~ty attorney of 5 O~1 Company so they first had to cl~ck with their chent 5 McAllen, Texas, who I was lead to beheve would have more 6 Repubhc Otl Company to sea ~f ~ would be a cenfhct 6 of an expertise m tins area And they both sa~d, well, 7 of interest m rewewmg thee documents for us 7 when you get done, please send me your ordmaane plus any 8 And that teok them about a week to get the 8 memorandums that you've done because we'd kind of hke to 9 okay from their cheer And they are werkang on the 9 see what you're up to 10 a~rport b~d documents, looked at thc mi and gas nunerul 10 I have talked to thc c~ty attorney of 1 ! lease, th~ looked at this In conjunction to that, they 11 M~dland I used to work m thc M~dland office They have 12 have verbally talked to me, g~ven me some comments on the 12 an mi and gas ordinance that has bean ~n place - they 13 nuneral lease 13 haven't amended n m the last couple of years nor have 14 And the~ ~s really no attorney m the 14 the five other city attorneys I checked w~th 15 Stot~ of Texas that knows a whol~ lot about oil and gas 15 The reason why they haven't amended ~t ~s 16 ordmaanes except for thc c~ty attorneys that have bean 16 most people feel hke the Radrend Cormmssloo regulates 17 werkmg on th~'m recently in the last couple of years So 17 th~s mdustxy heawly and they are really focused as a 18 they um-- they don't really have thc expertise m that 18 C~ty on the land use aspect of n and how n ~mpacts 19 area They're lookang at ~t ptuely from an operator's 19 adjacent land uses So they have the provisions m there 20 standpoint, and tho tmpact that that would have on an 20 on adequate no~se, hghtmg and anlsaane-type protections 21 operator 21 So they don't really regulate n to the 22 COMMtasION'F.~glSHEL t th~nk that was no 22 extentthatweurcregulatmgn The- someofthe 23 MS PALUMBO. SO, HO We haven't gotten 23 things that we are putong re our orthnance are, frankly 24 comments from them on th~ oil and gas ordinance other than 24 new ideas and new concepts m Texas, and we have talked 25 that they arc loolung at It, but they don't write o~1 and 25 extans~vely to the cay aUorneys m Fort Worth who are Page 58 Page 60 i gas ord~nanees nor have we found a law fh'm tn Texas that I also worktng on thts 2 writes od and gas orchnanoos 2 I can toll you the attorney that drafted 3 COMMISSIONER RISHEL Con~sstnner Holt, 3 thetr ordtnenee has probably been out of law school two or 4 anything else7 4 three years They sent ~t over to an o~1 and gas law f~rm 5 COMMISSION'ER HOLT Thank you I guess 5 m Fort Worth who the ctty attorneys told me, well, we 6 that ~s a "no" I have a hard tune accepttng that I 6 felt lrke we were educating them And that really ts kind 7 really do I just feel lfl~e there has got to be someone 7 of the process 8 m the State of Texas that can help us with ttus problem 8 Most commumttes tn Texas don't -- there ts 9 MR SNYDER Can I mak~ a comlngnt9 9 no oxl and gas ordinance drafttng law fu-m here tn Texas 10 COMMISSIONER HOLT well, let mc just 10 And I belxeve that Planmng and Zotnng Commtsstnners, I 1 finish a nurture We are all new at th~s, but there's 11 y'all probably have the knowledge that you need to look at 12 somebody somewhere that's done ttus before I mean, 12 thts ordinance and doctde whether ~t's gotng to work in 13 they've been doing them m Bridgeport for years 13 your commumty or not 14 Somebody's been wnttng sometlung over there that's 14 COMMISSIONER RISHEL Thank you, Ms 15 workang, I don't know But I find tt really hard to just 15 Palttmbo Counselor Snyder 16 tlunk that there's nobody m the State of Texas that can 16 MR SNYOER One of the things I want to 17 do thts 17 point out about tnsurance and whether th~s ts an adequate 18 MS PALUMBO I have ]]~dgeport'$ 18 tnsuranee requu'ement, keep tn mtnd that, you know, this 19 ordinance It was adopted m 1978 It has not been 19 area of what ts the appropriate tnsuranee, to he quite 20 emended, I have talked to the ctty attorney of Tyler, 20 frank with you, ts probably the people in Robert's 21 Texas, who they have rewsed their otl and gas ordmance 21 industry are better to suited to answer that questtnn than 22 wlthtn the last couple of years They sat down with two 22 a lawyer And I understand what Robert satd that he 23 local geologists who were drtlltng tn theu' area, and 23 contacted several other ctttes who have risk managers who 24 they, basically, hammered out an agreement with them, 24 have looked at thts tssue, and that the general consensus 25 wbach they thought would work tn their commumty 25 ts fxve nulhon to ten nulltnn dollar umbrella coverage PLANNING AND ZONING COMMISSION OCTOBER 10, 2001 Page 57 - Page 60 23 Condc~ns~ItTM Page 61 Page 63 I And I just w~anted -- so it's really moro of I COMMISSIONF~R KEITH i was just Curious If 2 a -- to me, it's less of a legal question than it's a risk 2 maybe we'd want to have Mr Shupe's comments on these 3 management quesUon whmh roqmres some sense of risk 3 proposals 4 roward -- benefits risk analysis And it sounds to me 4 COMM[SSiONF~R mSHEL Mr Shupe probably 5 luke Robert Wagner has done that due ddtgence with regard 5 knows bet~r than that 6 to that particular usue I'm not sure an attorney could 6 COMMISSIONER KEITH well, as [ - t~ key 7 look at ttus and c~ne up vath any better recommendation 7 flung that I got from Dottle is that the way a lot of 8 COMMISSION'ER RISHEL commissioner Holt, 8 the. se ordinances are worked out is that the companies 9 yOU still have the floor 9 involved and the mumclpahtles involved get together and 10 COMMISSIONER HOLT Yes Well, I would 10 hammer out a workable program so that everybody ~s happy 11 Just like to suggesI that we send this forward with the I 1 And I was just ~nvitlng Mr Shupe down if he wants to 12 memorandum from October the 8th and with Mr Wagner's 12 speak on these he can -- I'd be willing to hsten to him 13 adchtlons to City Courted, but with the suggestion that it 13 on it 14 ls looked at by -- I think v~ need -- I just want to 14 COMMISSIONER RISHEL Mr Shupc, would you 15 protect the clttzeas of Denton Thls is a very volatile 15 care to speak on these reluctantly? 16 tlungthatwe'rofoohngvathhere 16 Mas~uee Never reluctantly Mynamels 17 COMMISSION-ER RISHEL We all agree 17 lke Shupe 1717 Main Street, Dallas 75201, representing 18 COMMISSIONER HOLT And, I, as a 18 Mat~hell Energy Let me answer that th~s way I was just 19 Comrmssioner, If one of these wells gces off, and you can 19 looking at your Agenda, you've got Item 11, 12 and 13 20 read flus tlung from the EPA about this one that went off 20 involuntary annexation, involuntary annexation 21 in Waynesburo '~ell blowout I mean, we're talking -- 21 involuntary annexation all because there s natural gas 22 COMMISSION'ER RISHEL Big dollars 22 well development going on 23 COMMISSIONER HOLT absolutely big 23 I mean, obviously, I think I am bmngmg to 24 dollars And I wa:at to make sure that we tn our area are 24 you something you want I don't need Cay services I 25 protected And how we make suro of that whether it's sit 25 don't provide kids that have to go to school And every Page 62 Page 64 I here and discuss ffas until the end's of the earth l~ke we 1 time I read your insurance provisions they get worse 2 have been doing er v,e get some other help I would 2 What we thought we were being asked to do and were 3 suggest that we smd it to the City Cot~nc~l with that 3 agreeable to do was liability insurance The lmuts are 4 suggestion that tt ['~ looked at by a -- if they say a gas 4 not that unportant, five, ten rotlhon dollars But when 5 and oil attorney is not the person, then we need to find 5 we got to this environmental coverage, it ts -- ~f it's 6 out who the person is 6 something that results from the dnlhng of the well, this 7 COMMISSIONER RISHEL comnusstoner Holt, 7 accxdental pollution, thru well control, that is, xn fact, 8 you have the floor Commissioner Apple still has a 8 something that everybody has And tf not, the small guys 9 question I'd luke to come back to you for a motion if I 9 ought to have it 10 could Corarmssxmer Apple 10 But keep in mind that the term of this 11 COMMISSIONER APPLE Pardon my voice 11 insurance is the life of the well, and I'm hoping that's 12 That's okay I was just going to piggyback on 12 going to he 30 years or 40 years or 50 years and when you 13 Commissioner Holt and offer to Ms Palumbo, I had a 13 get to what Robert -- and when Robert talks about 14 conversation vath a gentlemen last week that I met at a 14 industry, the people who helped him craft the last of this 15 roception And, comc~dentally, he's been m oil and gas 15 are the people that sell insurance, not the people that 16 development for tt~ past 30 years, and he said -- I told 16 buy msuranoo And I'm looking at tlus, and I end up vath 17 him of Ms Palm'abo's prexhcament, that -- there not being 17 a 30 or a 40 or a 50 year responsibility to give you a ten 18 any off or gas attorneys in the State of Texas and that 18 million dollar insurance policy that vall protect you 19 there weren't any good ordinances in the State of Texas, 19 against anythmg environmentally that ever happens at the 20 and he said he'd be happy to provide me with a list of 20 s~te 21 both And I'd he kappy to get that from hun and forward 21 And I don't think that bears a relationstup 22 it to Ms Palumbo ff that would be appropriate 22 to the risk that's represented by gas well development 23 COMMISSIO\TzR RISHEL Thank you, 23 And I ask you to look at all of the other activities going 24 Commissioner Apple Still a question from Mr Ketth, 24 on ra this City, and where is it that somebody has 25 Comrms~toner Ke,~ 25 anyttung comparable to this that they have to operate PLANNIlqO AND ZOIqlNG COMMISSION OCTOBER 10, 2001 Page 61 - Page 64 24 CondenseltTM ~ Page 65 Page 67 I under9 They're gomg to go somewhere else I ever happens, and the City wants to be an additional 2 So with one exception which ~s, you know, 2 insured and it's for the life of the well, that 3 zero risk that anything bad environmentally ts ever gomg 3 underwriter sees real big dollars And the people talking 4 to happen, yeah, we have worked through all of these 4 to Robert about, boy, yeah, we can write that You bet we 5 issues, Insurance, indemnity, but it's for the life of the 5 can write that They can You know, they are thc 6 well Tins ts a 40-yeur obhgation And, you know, at 6 sellers I am the buyer 7 some point tt gets burdensome to the point that, you know, 7 And I'm just looking for some 8 it's just not -- it just doesn't make sense It's not 8 proportionality between the risk that this represents and 9 reasonable So that's my comment 9 the burden you're imposing on the industry 10 COMMISSIONER RISHEL L~t me JU~; make the 10 COMMISSIONER RISHEL And, of course, you 11 comment If there's less of a risk Ss the -- after the well 11 can always elect to elther buy or self-msure'~ 12 goes into productten, I'm sure that the rates are 12 MR SHUPE I guess I could 13 reflected ,within the Insurance Industry that that Is a 13 COMMISSIONER RISHEL Stile 14 lesser nsk and probably is psssed on to the ennsumer, I'm 14 MR S}tU?E But for the small guy though, 15 sure Any further questions of Mr Shupe? Mr Kelth 15 Mr Chairman, he's not going to have that choice 16 COMMISS1ONERKEITH l'mhavmgtrouble 16 COMMISSIONERRISHEL Iunderstand 17 with my buttons over here 17 Conumssioner Mulroy 18 COMMISSIONER RISHEL Yes, yOU are I'm 18 COMMISSIONER MULROY Yeah, Mr Shupe 19 sorry I've been trlang to watch that 19 Since you're enjoying yourself, a couple of points 20 COMMISSIONER KEITH okay Mr Shape, you 20 MR SHUPE Yes, sir 21 made a very vahd point that you're bnngmg commerce rote 21 COMMISSIONER MULROY TO address a previous 22 the City Kind of what type of dollar figures would you 22 comment as far as the collaboration between different 23 say nught be out there m commerce for the City with all 23 parties of the industry and City staff and P and Z 24 of this, you knowing what's going on? 24 members, tn developing this ordinance, for the record, can 25 MR SHUPE Let me tell you what I think 25 we make it clear that other than this insurance issue, it Page 66 Page 68 I the ad valorem value to the City Is Of coarse, It I has bean a collaboratmn and everyone has had ample 2 depends on the price of the gas You know, now it's, 2 opportunity for d~scuss~on and input and conung to 3 what, it's under $2 00 an mcr You know;if you lake the 3 resolution on different points of view? 4 average producing well in D~nton County, the average well 4 Ma SHUPI~ Damn good effort 5 is going to g~vo you about to five to $6,000 00 a year in 5 COMMISSIONER MULROY okay Good Now, 6 ad vaterom taxes 6 msmanca, lot me ask you thls question If dunng the 7 COMMISSIONER KEITH That's per well? 7 first couple of years of enactment and in placement of 8 MR SHU~'~ Yeah Tho average producing 8 this ordinance and opiating under It, and the vase 9 well in Denton County is 232 mcf a day So you can run 9 fathers of the City decided, in fact, you am right and no 10 tho numbers as to what that represents m terms of, you 10 Iumt's too high for ongmng operation, and they chose to 11 know, gross dolling But to you and your tax base and 11 lower that, that would not be a burden to the operator 12 that all gets negotiated You know, It's not hke ad 12 would it? 13 vuloremtaxesonaplec~ofrealprepeny But those aro 13 MR SHUPE That would be hke salnng, now, 14 tho ad valor~n incomes 14 do you expect your taxes to go down next year, Mr Mulroy 15 COMMISSIONER KEITH SO a 10t of it's tied ] 5 COMM[SSIONER MULROY BUt on the other 16 into the pr:ce of the gas and it fluctuates up and down 16 hand If we wer~ to start to low, and we decided to rms¢ 17 So if the cost of the operator through insurance makes it 17 them in two or 6weo years because of some Incident, then 18 unfeasible, they'll just ulose some wells down, correct, 18 you as a owner/operator would be c~ng foul 19 or not drill? 19 MR SHUPE Absolutely I'd be crying foul 20 MIL SHUPE Mr Keath, we are trying to 20 COMMISSIONEI{ MULROY okay So from this 21 find out what the extra onvLronmental gradual pollution is 21 slde of the table vath those chom~ in annd, to me, it 22 covenng And, Mr Chairman, you're right, you'd hkc to 22 would seem practical to be conservative from -- in the 23 flunk that if it's a real low risk, it's a real small 23 City's interest? 24 pruauum, but when you go to tho underwriter and say, well, 24 MR smJPE Conservative and reasonable are 25 you know, I need TO protect you against anything bad that 25 not the same thing, Mr Mulrey PLANNING AND ZONING COMMISSION OCTOBER 10, 2001 25 Page 65 - Page 68 Cond~-nscltTM Page 69 Page 71 ] COMMISSIONE~ tWOLROY wa won't prolong the I COMMmSIONER HOLT - V/lth the memorandum 2 thscussion, but I understand insurance rates I carry a 2 from October 8th and Mr Wagner's recommendation on the 3 ten nulhon dollar umbrella I can know thc area and I 3 msummcc 4 know the income of thc wells I don't think it's 4 COMMISSIONER R[SHHL 'rhRnk you Is 5 disproportionate or I would say so to thc rest of thc 5 z scccand9 6 Counmsstoners Thank you 6 COMMISSIONE~ HOLT '0, alt 7 MR SHUpH. Mr Charrman, wa're on thc onc 7 COMMISSIONER R[SHEL IS thCi'C n motion? g yard--lt'shkcwc'rconthcuneyardkncandldun't 8 COMMISSIOIqERHOLT hO Ihavcn't 9 want to leave thc unpressiun that tl~s staff hasn't worked 9 ~Smshaxl Also, that the -- let mc ttunk I necd some l0 its butt off' on flus process including thc members of th~s 10 11 Comrmsstonwhohavemvestcdatonoftunc Th~shaslx~n 11 COMM[SSIONERR[SHEL ¥ou want to make sure 12 a very good coopesativc cfi.orr and thc fact that wa're 12 ,ou have ad&t~unal legal counsel? 13 down to a couple of issued, I don't want that to reflect 1 14 negatively, Mr Mulroy, at all on thc process because 15 gone extremely well, and I think you-all know it has 15 :a~nd 16 particularly the subcomanttee members So I don't want to 16 COMMISSIONER HOLT t would llke to 17 leave you with that nusanpression 17 .-:cc,,,,,,-~,nd that we have additional legal counsel look at ] 8 COMMISSIONER RISHEL well spoken words 18 ~ or~lnance 19 Thankyou Any furthar questious of Mr Shape? Andlf 19 COMMISSIONERRISHEL Andth~sisallgnmg 20 there's not, I will return to Commissioner Holt, 20 '2rth ~ the City Council and I'm sure they yell read that 21 hopefully, for a recommendation, motion 21 ~¢crtSeally Is the~ a second? 22 COMMISSIONER HOLT ! dldu't know I was 22 COMMISSIONER MULRO¥ III second the 23 going to be makang a motion, but I gness I will ! 23 =at,om 24 recommend we forward to the City Council tho urdmance -- 24 COMMISSIONER RISHEL It's been moved by 25 is there a recommendation in here? 25 Cornrrra~Slooer Holt and seconded by Conumssiuner Mulroy Page 70 Page 72 1 COMMISSIONER RISHEL YOU unght want to I D~-se~slon'~ Mr Roy -- Corll/~01Ssloncr Roy 2 combine what's in your book under the summary ordanance 2 COMMISSIONER ROY I guess I don't feel at 3 we've already put forth and the recommendations from the 3 Ms ~zage so strongly about the need for additional legal 4 October 8th memorandum 4 r~tex~ I flunk we're, basically, there I have a degree 5 COMMISSIONER HOLT The recommendations 5 cc corzffort vath ~t And we've got these wells that are 6 from the October 8th memorandum -- 6 c~rnm~ in They're coming in They are getting closer 7 co~tatss~o~ ~USHEL ~r Reichhart has a 7 md c[,oser every day And I feel that there will 8 comment, I believe 8 c~a'~aurrly 9 MR RH~CHHART YOU had already forwarded 9 · :u semd it out to a law fn'm, any law f'u'rn xs going to 10 the orchnance with revis~ons that you would egr~ to at 10 t-~e t2cme to review it and ts gotrig to make ¢onlments But 11 the last meeting with the abthty to add additional 11 ] don"a flunk they're gousg to find any issue in here 12 responses to address these comments So I think what we 12 L'at's gems to be a major safety cone. em, a major 13 can just do is, I mean, if you want to accept the 13 n:tss~ae concern, and I'm reluctant to slow the process 14 memorandum as outhn~d and the proposal for the insurance 14 o:wn ~ny further 1 $ as proseat~, I sunply think you can just dLrect staff to 15 COMMI~JSIONER RISHEL Assxstant City 16 revise that or&nunce accorchng to those two documents and 16 A.'~orae'y Mr Snyder would lrke to make a comment 17 forward that TO P and Z with whatev~ ~commondation you 17 I~flt. SNYDER We've already retmned an 18 want to do to City Council I'm sorry Don't bring it 18 tr.:r~c~ £u'm to look at flus ordtnance as well as the :19 back 19 p-opo~-~:t bidthng documents for the c~ty's gas well lease, 20 COM~SStO~.a RISHEL Thank you Does that 20 ~.~ we're gems to do it anyway whether or not it's tn the 21 help you, Comanssioner Holt? 21 ~a~t~or~ So tt's not an ~ssue wtth us We're gems to 22 COM~nISStOI,~ER HOLT okay That we s~nd 22 h-'~e -- we'xe already retained Strausberger & Puce to 23 forward tho revised ordinance -- 23 24 COMMtss~ONERPaSHEL Along wth the 24 COMMISSIONER ROY Well, I guess I would 25 memorandum of October 8th recommendations? 25 '~-2h fluat ff it's going to be done anyway, tt would be -- PLANNING 'AND ZONING COMMISSION OCTOBER I0, 2001 Page 69 - Page 72 CondcnscltTM Page 73 1 secms l~ ~t would ~ smoother for ~e P and Z If the COMMISSIONER RISHEL And th~s ~s regarding 2 motion v~ lo just ~ .h'~d and take the changes we've hearmg part of our Agenda 3 alrea~ mad~ wth t~-se two mer~os and move with that has made the motaon that 4 rather ~ ~&ng t~s 4 n No 9 on our Agenda to thc n on our 5 C'~2~IvI[S~ONER RISH~L t can SSSUrC you that 5 ~/ould 6 City Ccuncil ~s -- a~ vnll be v,-nm~ rote thc minutes 6 proceed thas or 7 what w~ ha~ hare b~causc we do have a professional ? do you war on tlus? Eye.one 8 steooLn'apher lhat tak~s down thc notes that wc have, and 8 concurs9 9 all of lha~ ~s passed ~'orth ~ Ca~ Councd and they read 9 There's more people 10 those t~ ~:h'hgen~v And I kmw very much that 10 hcr~ for 6 11 several of g'~.~m arc concerned about thc darectaon of that 11 wc wall go ahead and 12 also s~ at doesn't bo:her n~ wb:r~'r ~t's in there ur 12 13 it's noIm there It s Conumsslc~r Holt's 13 eOM 14 recommmdanon, at ~us peam m curie whather sha'd hkc 14 15 to reta~ that or not md th~n I'll ge hank to the second 15 atem qmte coplc for that i 16 Comm.uslon Holt 16 I would 17 CCcMMISSDI'~F~. MULROY May I make a comment, 1 ? offer a, ~ next 18 Ivir ~? I'm~orry~oml~:rrupt, butthatwas a 18 and then ge to 9 19 cond~"~l of our fir~ reco~uuu:~at~on And a was subject 19 COMMISSIONER APPLE SOul, ds 20 tO OUtS~ r~-~'w so ~art a~d p~r~el when we forwarded co~Miss[o~a~ R~SH~L Any other 21 addmo~ and amcn~mcnt~ ! ~ I fecl hke It's already So thc recommendation as at 22 mclusn~, so ! nail) ~on't take c~.ceptlon to Ms Holt's that Item No 6 bc next on our Agenda and 23 vcrbaa~ because a j:st rcsu~tes '(~e intent of our ? and then we'd pack up the 24 ongm~ ~nol2on Is that agreeable w~th cvcryoac 25 COMMISSm,~c~ t~SH~ Commassmncr Holt, ~hc Conmussmn? Page '74 I you ha,¢ a ~lotlo~ on t~ l~lo(~co Do you have to rotalrl COMMISSIONER APPLE Thank you 2 that9 COMMISSIONER RISHEL If that IS 3 COMMIS~.ONER HOLT YeS format and 4 COMMI$~ONF_R RI$~-'~ And the second 4 t are an thc other hstenlng 5 COMMI$~ONER IVlUIXOY Yes 5 bcsadcs [t this 6 CO.MMIS~ONER RISF~L we have a motion and 6 point an c hearing on ? asecondoa~.heHo0r Any fcTthercomments? If there's ? ItemNo 6and ItemNo 9andthen 8 no otb~ comments, please vo~ Motxon Lames 6-1 8 to Item No ? on 9 (COMMISSIONER KETCH VOTING IN OPPOSITION ) 9 lad you have a 10 10 statement? 11 ! 1 Yes I'm going to 12 12 ~ because I have a 13 an a 13 14 14 Thank 15 o'clock. 15 you very Anyone else that n 16 (B~..ak ~ i 16 at~n because of a t of 17 We wtll resm~e the :17 18 regularly and Zonmg 18 ~a s~,r~DER ~ would lake to alsc 19 Cormms~om 20 tf I Cotter 21 ~f order COMMISSIONER RISHEL Tha[Ik yoa 22 w~th I 6 on our Agenda as hold a pubh¢ heanng 23 Caty Councd, a zonml 24 o to bed e~rher than we're used to for 47 4 acres generally locatrxl east of U S H~ghway 25 rr~..tm~ Fort Worth Drive and south of Brash Creek Road The PLANN1NO AND ZONING COMMISSION OCTOBER 10, 2001 Page 73 - Page 76 27 CondcnscItTM Page 7 Agenda or a motmn? 1 pa~ of Conway~he petitioning?or H~O~Y Is ~ ~yonc chcl 1 ~ ~ C~d~ 2 ~ ~ ~t wo~d ~ ~ 2 ~ eowE~t 3 ,r a~mst ~c ~o ,~ on ~ ~ 3 move ~ approve ~c~~l and 4R2, Sl~k 4 5 or I~ No 6 on o~ ~ 4 I of ~ WaI-M~ Add~~ ~ s~ff 6 I ~ a ~ 6 Powcll 7 B~c~c~ 7 It's ~ by ~_ss~oa~ Powc~ and ~ by 8 ~ I 8 C~ss~on~ Roy A~ f~ q~t~ons or d~scu~? 10 plan ~ do ~ ~ls an, 10 It~ No 7 on o~ Agcnda la ~ hold a pubhc 11 ~cMm~lly ~ Wal ~ ~ o~ dcvcl~m~t ox ~ 11 ~nng and cons~d~ making ~o~cndat~on ~ ~e C~ 12 ~? 12 Council ~ng amcn~cn~ to Subchap~ 34, Subd~v~smn 13 ~t it's 13 and ~nd ~clopmcnt R~latlons, and C~p~ 35, Zomng 14 cba~ ~ We c~fiy 14 ~dmanc~ of ~c C~c of ~dmanc~ of ~c C~ of 15 ~t ~p d app~val on 1~ ~n, T~as, and ~ add ~lat~ons ~la~ to gas wcll 16 ~ p~j~t p~n as 16 dcvelopmcnt ~d ~ Rctc~ ~11 17 well as { ~ 17 ~ ~t~a~w Thank you ~ls 1~ has b~n 18 ~ ~t a 18 bcfo~ ~o ~lss~on on a n~b~ of dam We'vc had 19 pr~uct t d w~ 19 pubhe h~nge and work s~slons and 20 Fha~ you 20 m~mgs ~ wdl bc m ~ bng ~ ~o p~s~ of 21 ~MMI~IO~ ~SH~h ~Ss~on~ 21 ~s proposal eric ~s what ~'~ ad~amg ~m~t wMch ~on~? On~ ~m, I ~x~ c~ 2~ ~s ~c zomng ~lat~ons w~ln ~c CIW of ~n~n ~ ~nway aM ~ 23 s~ond p~sc w~eh we wdl ~ bnngmg fom~d hopcfuHy p~e ~at n~ one of ~ 24 w:~:n ~ n~t couple of ~ks wdl bc ~ dcvclopmcnt wo~dcm~sp~at~s~c ~you 25 plat asp~ts of :t ~d~'veM~ahMebttabout Page 8 I ~ ~ anyo~ ~at woMd hko m s~ I ~at 2 against I~ No 5 or I~ No 2 We do have a dcvclopm~t p~t pr~css ~at wc 3 ~nda~ no one ~ ~t would 3 a~ using n~t now Wc propose ~ develop a gas ~ll 4 ~11 close ~c ~ng 4 d~clopment plat and ~ v~ sp~:fic on what 5 5 s~ on ~at But m ~c m~, ~c ~stmg development 6 ~ o~ 6 plat pr~css has ~n working for us 7 ~u~ 7 ~c bac~p ~at you ~c~v~ has ~c propos~ 9 ~sston~s, ~ ~ or ~s ~ a 9 wi~ ~ chan~ ~o~en~ by ~e ~ss~on And ~en 10 motton? ~d if ~ could t : ind~vld~y, 5 10 ~c bac~p ~s ~e propos~ cha~ ~at came about 11 md~wd~By and ~ 6 11 ~ou~ ~ subco~R~ m~tmg ~at ~ ~ld ~cntly 12 ~f ~ 12 ~d I can ans~ any of ~ qu~aons ~t you 13 proposal 13 have ~Mt~ ~ ~t I do know tom~t ~at ~ a~ a 14 ~ond 14 nmb~ of ~cnmt~v~ from ~e mi and gas field ~at 15 tI :~ng 15 wdl probably ~ ~wng ~s~ony on ~s ~ I could 16 about ~ 16 ~o~end ~t ~ let ev~body come up and rake all 17 I~ No 5, ~ 17 co~cn~ and ~en ~ to ad~s ~ at ~ end, it m~t 18 okay 18 ~ a hmo b~t mo~ pr~uet~vc 19 ~ ~d s~ond~ by Powcll 19 ~c one ~mg ~t wasn't m~tton~ m 20 ~y ~ m fays, cast ~ yom 20 s~ff ~on and Dom~ can go m~ :t a h~lc blt mo~ 21 ~d now ~at I th~.g a~ut 21 m d~d, but ~ C*W ~s ~ an ou~dc 22 ~mss~on~s Motion p~ 7& 22 a~m~s ~ ~ ~s or&nancc ~d if ~ ~ve 23 Wc saB ~ No 6 of o~ ~ng and ~ 23 qu~aons about ~a~ ~mc would bo able ~ ans~ 24 and ~1o~ ~ pubhc ~ on ~t ~y 24 ~osc 25 9rations, ~m~sslon~s, on I~ No 6 on o~ 25 ~t I wo~d proposo is a sml~ PLA~G A~ ZO~G CO~SSION SEP~ER 26, 2001 Page 5 - Page~ 28 CondonsoltTM Page 9 Page l 1 I process that we've just done for the Development Code mI to occurrences on the drill site And the concern that 2 that we've taken pubha input but we also had, you know,2 several of the members had were In reference to releasuu!,- 3 the P&Z Comanss~en sent forward their reconunandat~on And 3 the City from acts of our own neghgence And that's 4 as a separate rev:ow body, the Chamber of Commercu sent4 standard language in many of the contracts that we wn~ 5 forward then' review And as ~s g~ea forward to C~ty 5 In flus ease here, that would be specifically 6 Council, we'll have a recommendatmn from P&Z and then 6 hrmted to sssuea revolving the issuance of the pernut ur 7 we'll, just totelly &fferem would have a different 7 inspections The concern there on the City's behalf :s 8 tecommendauon from that other reviewing body totally 8 that If an error Is made in issuance of a pernut or if an 9 separate And we can obvmusly update you on what their 9 error ts made dunag an inspection, that ultunately the 10 recommendaoen was or comments are 10 responsibility of meeting all the requuemants under 11 W~th tha~ Iql b~ glad to answer any 11 ordinance still falls on the petitioner -- I'm not sure 12 que~uens I've talked to Cenumssmner Mulroy and ff you 12 what lingo, operator, okay, on the operator 13 have any quesuens xegardang the last subcomnuttea 13 And so that, whether they fulfill their 14 meeting, he's ready to g~e a small report on that 14 obhgatlon m meetmg the ordinance or the requtremants 15 COMM[SSlONER RISHEL Thank you, Ma' 15 under their pernut Is their obligation And what we 16 Re:ebbarS Some of the queaUons we had specific to th~s 16 wanted to make sure is clear tn ti'us is that If the City 17 at one point along the way dealt specifically 'ruth our17 made an error m the inspection process and that error 18 risk and hab:huea And I see that Mr Wagner is here 18 results In ulaun or damages, the error wouldn't result m 19 And I wonder ~f Mr Wagner m~ght he able to present and 19 It, the operator has an occurrence, that results in clann 20 gne us a summary of where we are with regard to our risk 20 or damages, that that would not fall back on the City m 21 management opport~mt:ea hero 21 an error made in the inspection process 22 MR WAOX'r~ My name ~s Robert Wagner I'm 22 So what I'm tal!ang about is a very detaded 23 the Pask Manager for the C~ty And we have {hscussad the23 scope It's a very small scope that tlus would be 24 risk and msaranee nXl~nts that we've got for ~s 24 represented I know there were some concerns that if 25 ordmna~ extensnely We've also talked to a 25 someone Just, you know, stumbled onto the site, an Page 10 Page 32 I subcommittee Mostly, I think tt rmght be best to try toI employee, maybe they're outside the course and scope c£ 2 address Just your questions on tbas, If you don't mind,2 their employment, and they have an accident or an mju~_, 3 other than Just starting from scratch 3 that ti'as language, therefore, would make the operator 4 COMMISSIONER RISHEL I know that the staff 4 liable That's not the purpose of this 5 had several questions along the way I don't know whether 5 The purpose of tins ts to protect the City's 6 '~'~e answered all those questions and maybe the 6 business on ttus and that is tn the Inspections and the 7 subconmuRee would hke to grill Mr Wagner or have Mr 7 permitting process Any questions on that? 8 Wagner bnng us all up to date on where you finally 8 COMMISSIONER RIgHEL Them was quite a b~t of 9 decided as a eorurmttee that we wanted to be And the 9 d~scusslon at one point on particularly a site that rmght l0 majority of that language ts on page 4 of your document10 have multiple locations and what that aggregate amount I l MR W^ONeR. I can g~ve an overview, I guess, I l adequate insurance needed to be I tlunk it was pretty 12 to get things started tf that would be good 12 well dealded a single operattan was one specific thing 13 COMMISSIONER R.ISHEL Please 13 But when you had maybe a potential of 15 or 20 operar%~ 14 MR. WAONER Okay When we were reviewing 14 sites on one piece of property, that we need to look at 15 ths, someofthelsSuegmvolvedwemthemdanmtficatton 15 thatfatrlyulosely Can you tell us what the summery c£ 16 and expressed negligence provisions tn tbas ordinance 16 that was7 17 Some of the eoneems that we had m here wbere the partles 17 MR WAGNER well, l'mjusttlunlangthat 18 that entered rote the pernut would be mdenmffymg or they 18 through a little blt I know we had multiple dtscusslans 19 would be covering the Csty and the involvement of claims 19 on these issues Did we, Dottle, did we increase that to 20 or dame.s that come out of an occurrence out of the 20 $10 nulhon'~ I know we had that discussion but I'm ncC 21 perrmt Sometluag revolved with the wurk being done at 21 sure if we thd that 22 the pemut -- due to the perrmt 22 MS PALUMBO The general hablhty coverage 23 We've had many 6tscUSSlOnS on flus to try to 23 ts $5 rmlhon and then they had the enwronmental 24 get flus hrmted and we've lumtad the scope of that 24 pollution habthty coverage for an aggregate of $10 25 mdenmtficatson and express naghgence to be speatfically25 nulhon But if they have one or sf they have 50 wells c~ PLANNING AND ZONING COMMISSION SBPTEMBER 26, 2001 29 Page 9 - Page 12 CondonsoltTM Page 13 Page 15 I the s~ o's ~ffil $5 nulhun I on your part One of llx:~ ~ssues Is the quexUon of 2 ~m. w~,oh'~ okay So we did d~scuss that 2 separation I think we f~:i va-,/conffonabk~ vath thc 3 through but we did leave that at the $5 mlthon total on 3 provis~ons as It Is written. We c~rlalnly can work v,a~hin 4 tlxn: 4 the 500 fec~ that s nXlU~d between, bas~cally, our 5 MS rALUMBO l'm sorry What was tho 5 equipment and other a d~'clhng or a smicture that s pan 6 que:~non? 6 of a dw~lhn8 And I unda-s~and that ther~ s a pms~tnn 7 MR. WAONF. S. yeah Yes, thc answer is thatwe 7 In there whe~ the surfacc owner can grant us, actualiy 8 did leave tt at the $5 null,on whether it be one or 8 an exemption, tn essence, down Io 250 feat. 9 muluple sites 9 We 'sould also t:mpos~ though, thal the 10 COMMIS..~IONF. R RISHEL okay 'llmnk you 10 Commission craft a part cf that ordinance so that aaxonc 11 Ccaumssloners, any flu'thor questions of IVa' Wagner? Thank 11 w~shmg to d¢~¢lop or btc3:i or m any bay move m~a the 12 l, ou. Mr Wagner 12 area, m essence, b~ held ~ tho same standards so tM~ v~c 13 IvucwAOI~'F.R. okay Thankyou 13 dun'tcndupwathasitua:on mthcfuture,,~t~n:,~c~avc 14 COMMISSIONER RISHEt This lsa public heanng 14 an existing '~¢I1 which '~: may want to cor~ back a:d doll 15 and I ha,,e several cards of people that would hkc to 15 an additional ,~ell on the same location so v~ don t take 16 spe~ I.f, for some ~'exson, you haven't filled out a 16 upmor~spacc But if scmeonc had lxea allowed to bmld 17 carol, they are right as you come Into the entry hose And 17 wl~n the 500 runt sepannon distance, ~en we wac!d 18 tl~ f'~t card that I have is a Mark Whitloy Mr 18 precluded, it appears to m, from using that location. So 19 "~'i:~-y, would you please join us? Once again, if you'd 19 we would simply ask the. the Conums~tun lake tha~ ~0 stat your name and address 20 consideration 21 MR. WHITLEY My unmo is Mark Whitloy I 21 One other item ~at we think is ungortaat. 22 rer'~:sent ]Mitchell En~gy Company My addr~s is 6000 22 wer~ just discussing thc enestion of environmental 23 ~,ernPlacc, FortWorth, Texas I'mhel'osepresentmS 23 habdityco,,cragc For o:rselves as IVatcheI1Eno?.. 24 the company this evening I'm th~ Vice President and 24 Company and as our nra- name, Devon Energy ~'~ratlon, o~-r 25 C,~_eral Manager for the north Texas region, so all of thc 25 environmental rcsponsib2ny to the communny gn~ ~athout Page 14 Page 1 I OlXXatlons, both drilling and production, fall under my I question And when w~ -~ave an mtndcnt, a spill cr 2 res"xmstbillty And I wanted to take thc opportunity to 2 anything of that nature r' s our r~pons~thty to cica: 3 co.r_.c here this evening and address the Commission on a 3 it up 'Ihercfo~. we th~ that tho pro~lon cathr, g 4 co~le of items that wa think need soma further discussion 4 the specific mount is nec needed 5 before this goes before the C~ty Council 5 But tn order to ~drsss your cenccras or to 6 COMMISSIONER RISHEL I take it the legal 6 put a vehicle at lesst in l~.acc v,'~ would s-~o~o,'~t that vou 7 cn~:ty ts still Mitchell even though there's another -- 7 consider ad&ag to thc blznkat bond tl~at s t~ClUUed 8 MR WHITLEY Yes, sir Mitchell Energy 8 bond for us is a mom v~Ie aliematixc than buy,r4 a 9 Co'~pany, L P, until closing with Devon Energy 9 specific environmental pchcy 10 Co'potation, which will be somctune m the fourth quarter 10 Wcv, ould also ~sk that you g~ ¢ same 11 COMMISSIONERRISHEL Thankyou 11 considerationtotheeddra~nofotherar~as Asl~ 12 MR. WHITLEY Otir comlllents tlnAs evening, I~d 12 ordinance s~ands now, .ag-~cultural and tnd,.zsmal an: thc 13 hl~ to start with, first of all, thanking the Commission 13 two specific zoned areas tat ar~ allo',~d f~ oil and 14 anc! all the people that have been involved with the 14 permitted d~',, ¢lopment And v,~: dilnk fl~at w:th th~ r..ght 15 ~ a'~lshops for giving us the opportumty to help to craft 15 ordinance in place, obvlccsly that we can work 16 an ordinance that we feel like will be viable for the 16 otha. zoned a~as 17 m&..stry to use and also address the concerns of safety 17 I don t know ho~ many differ,mt eries yeo ha~e, 18 and health for thc citizens of Denton 18 but we think that with th~ document ned wn.h work_~, with 19 We have responded to you which, hopefully, you 19 the Comnussiun that we can work out thc specifics ~ work 20 haxe recexved actually a written comment on several policy 20 in essentially anywhe~ We a~ worla~ m Wise Co. nty in 21 lter_.s And I~m not gems to go over those but, certainly, 21 areas which probably ww..!d be considered to be 22 v,e have the people bere to answer questmns ff you have 22 residential And v, nth th~ ~pecffics that an: m this 23 an.-, zd~*ttonal questions out of that response 23 ordinance, we think that .a~ could work w~fl~n tha~. But 24 But there are a couple of things I'd hke to 24 we would put that to thc Commissiun also that you could 25 hLo"'h2ht m the ordinance for maybe further consideration 25 g~va that further consid~on PLANNING AND ZONING COMMISSION SEPTEMBER 26, 2001 30 Page 13 CondonseltTM Page 17 Page 19 I There are many other things that we h.~'e in I through the same tylX: of process that we would go, as a 2 our letter and, again, I'm not going to go thro .mn all of 2 budder would go through, with the dig regulations, that 3 them and take the adthtional tune, but u" you F~e ~:ay 3 someone would come out and respect the particular site 4 questions about that, we have the experts here :at can 4 that you have to check that there is no other pipelines or 5 address that I thank you for your tune 5 buried cable or whatever else under that site before you 6 COMMISSIONER RISHEL I ba'~e a que~.'*n 6 get started9 7 regarding one of thc tlungs -- being this Is a pzrhc 7 MR. WHITLEY part of Our process in building 8 hcanng, maybe you would explain the prooess .'x-ca. se I8 a location is to call a dig test to see if them are any 9 know that some of the people that rmght be cn:.~r m our 9 pipelines or any other buried lines, pipelmus 10 audience or watching us on television -- one o.'the 10 specifically Obviously, gas lines might be in the area 11 concerns v~ have In our community is the fac..'r of ~ 11 because them is od and gas developmeot But if Intex or 12 potential pollution of our water supply And smul~ you 12 TXU or Lone Star or anybody else had a line, then they 13 kind of bnefly go through what the proceas is =d how x~e13 would mark those also so we know where they are 14 protect that In the capping process and the cln 'ag 14 COMMISSIONER RISHEL commissioner Apple 15 process tO know that our water supply ~sould :~ be 15 COMMISSIONER APPLE H1 16 lnliltrated? 16 MR WH1TLEY Yes, ma'am 17 MR WHITLEY Yes, I'd be happy to T:e 17 COMMISSIONER APPLE This lS JUSt a question 18 protection of the usable quality waters in the $~_te o5 18 for kind of informational purposes Is Mitchell Energy 19 Texas falls under the purview of the TNR¢C, fie Tex~e 19 still a busmass9 I know D~von Energy was buying it 20 Natural Resources Conservation Commmsinn They haxe 20 Have they bought it yet9 21 speclficrulesforeveryarcemtheStateabouxzzede-pth 21 MR WHITLEy No, ma'am We're m the process 22 of casing that has to be set to protect that 22 of going through the scc review which will probably take 23 SO when we file our penmt w~th the Rz2road 23 well rote the fourth quarter before we actually become 24 Comm~ssion, we also get a portent from the T'--ZC rant ~..'s 24D~von Paght now, we're stall Mitchell Energy Company, 25 specifically for a given well at a specific loca~'n how25 L P and vail operate as such until closing date And Page 15 Page 20 I much casing has to be set to protect that. thos~ usa'~eI then I think the only thing you'll see is the name w~ll 2 qenhty waters 2 change and the operations vail remain the same 3 So in the dnlhng of tl~ well, se basicalll, 3 COMMISSIONER APPLE That was ray second 4 wn drill down through that secuon h takes only a 4 question because m comments previous to tonight and in 5 mat~.'r of a few hours usually because, A. we: re or..- ~-.3_ 5 this letter, it specifically mentions Mitchell's 6 m probably in the neighborhood of 1,000 fret m Derma 6 containment systems or Mitchell's safety and I just wanted 7 County, and th~n lmm~hat~ly w~ nm casing and c--~t ~at 7 to make sure that those would be, since they are specified 8 casing back to tl~ surface Casing is a steel casing .a 8 as Mitchell's items, that those would carry through when 9 most of th~se w~lls lx~, we nm 8 5/8 tach That's :e 9 thc sale Is complete In a couple of months 10 cham~terofthecasmg Andtlx-noncettgcasmg~sm 10 MR. WHITLEY Yas, certamlyth~ywouId 11 hot. m, we c~rotdato c~ment down and up th~ hack ~ 11 We're contmmng to operate the business just as if 12 So now the eaar~ azea Intween the casing r__,i 12 nothing else was going on for the tune being, so we're 13 tl~ formation all the way back to the surface ~s pre~"~l 13 going ahead vath our planning, dnlhng, and producing t4 with cement And th~ tylms of c~'~ent that we're ~ 14 wells Once the closing occurs, then sunply the name vail 15 to uso am SlnCifi~d by tim Coraaussion lc, it has x: 15 change 16 haveacermtncompmss~vostreugthmitsothatn.lre_- 16 COMMISSIONER APPLE Okay So you actually 17 enough mt~'lty both to, wlg~n it's set up to protect ::e 17 am with Devon9 18 casing and to hold it in place, basically 18 MR WHITLEY NO, ma'am I'm with Mitchell 19 So that's th~ process that the industry uses 19 Energy 20 regulatcdbytlg'r~iReotoassurothatv,~bavethosez:~es 20 COMIviI~SIOS, IERAPPLE okay But you would 21 that they consider to I~ usable quality protected ~ so 121 agree that then' safety promises and diffe~nt things that 22 it mr, ams that way then betond pll~, in essence, f~ :a: 22 we've talked about and like the containment systems, the 23 hfe of tie - or tlg producuve hfe of tie well 25 23 sizes and stuff, am going to remain the same? 24 COMMI.g~IONF. R RlSltal.. And when you am :a't~ 24 MR. WHITLEY Yes, ma'am I don't have any 25 process of putUng a well m, I pgsume that you go doubt about that l~von is very coramitted to being not PLANNING AND ZONING COMMISSION SEPTEMBER 26, 2001 Page 17 - Page 20 31 CondcnsoltTM Page 21 Page 23 I only a safe but an envu'onmentzJiy friendly operator, as 1 Merit Energy My address ts 12222 Merit Dove, Dallas, 2 we are 2 Texas Agmn, I would JUSt like to reiterate that we 3 CO%IMISSIO\'ER API'LE okay. Because I know 3 appreciate the opportunlty to work w~th the P&.Z and staff 4 thfferent oompames go to dfffermt le:agths and do 4 on eraftmg th~s I think Ws been benefictal for me 5 different things so I just wanted to make sure that Devol~ 5 I've definitely learned a lot about city government and 6 would continue to be cons~tent w~th wl~t Mitchell has, 6 really enjoyed the process Sust would hke to reiterate 7 because that's what I've learned ts from Ishtehell Okay 7 some concerns that I have as Merit Energy as far as Some 8 Thank ~,ou 8 of the last ordinance items that came out 9 ~dR. WHITLEY Paght Az, d I tlunkyou'll find 9 Fu'st and foremost, the insurance requn'ements 10 that that*s tbe case because the) will be ~ largest 10 we feel hke are very fair The only problem v,e haxc Is 11 independent operator tn North America, ~ And with 11 with the environmental insurance I checked on pnees 12 that goes a eertam other rezpon~'bihty to be tho leader 12 through my insurance people and they had to look This is 13 and I trunk we ~ 13 not an insurance that's required in any city or state that 14 COMMISSIO\'ER APPLE Okay So I can be 14 I operate in, and we operate as a company in 14 states 15 assured that y'all have spoken for the:m, also? 15 It COSTS me $35,000 00 a year per stte wtth the 16 %IP.. WHrlI.EY Yes, ma'zm, you can 16 $250,000 00 deductible 17 CO\IMISSIO\'ER APPLE 7har~ you. 17 That's above and beyond my normal insurance 18 COMMISSIO\'ER RISHEL COn"rm~e~Sloners, any other 18 that covers these types of acetdentel and sudden spills 19 questions of Mr ~,~,qutlef 19 We agree w~th Mitchell that tf flus type of -- you know, 20 CO~,fMIfiSIO\ER POW~LL Yes, so' 20 if there's some worry about flus type of thrng, we would 21 COMMISSIOn, ER RISHEL Co.ml,~orler Powell 21 be valhug also to upgrade the bond, you know, from that 22 COMMISSIONER POW~t.L I've got quite a few, 22 standpoint 23 sir You're asking us to allo~ .bas m other than ag and 23 Some of the other, we also believe that -- 24 mdustnal districts I've been ~"ound he~ a long tm~e 24 .lust going through my list here, doll site access should 25 and I ~ ould guess that if we recor~,'~euded this go m 25 be allowed through floodplain areas We're not askang to Page 22 Page 24 I residenual thsuucts ~ berm' sum ~'eama8 a ~eel I drill in floodplain areas but we are asking for access to 2 collar We're going to be hung up you kno'~ I can't 2 get to our chalhng locations through floodplains There 3 behove tkat ~x: could do that and ~: aw'ay wrY. a I can 3 are soccer fields m Denton that are tn flcodplams 4 see the pubhc coming down on us ~ a duck on a June 4 There are parkang lots and that type of stuff And '~ 5 bug That'sjastho~I~nk~two:a:ll~plX~ Mr 5 don't feel hke that that's an unreasonable reqcest Just 6 Chawman ~s looking at me llke m~.,b¢ I m sev. ug something 6 as a monetary, makes it easter on us 7 wrong 7 Abandonment, well casings cut three feet below 8 cov~tssto',r~a~as~x~.~ so. I t~..k 2,va'~ right 8 the surface Mr Whltley talked about protecting the 9 on target What ml, thought was naybe we should get all of 9 usable ground water Upon plugging of these wells, there 10 oar input as our pubhc heermg ant~ then ~'e n address 10 are cement plugs pumped mto the well so the v, cll is 11 this as a Comnuss~an and move on. 11 filled up with cement And we feel lflce three feet, since 12 co,~ltss~ox~ ~,wm.t. ~.,mluael~, because I 12 we're not -- in the ordinance it says we're not allov, ed to 13 had about fi~o or s~x smular things_ 13 build on top of old wells anyway We feel like three feet 14 COM~SStO','r~ pasttm, oo .-mu hax e a specific 14 below ground service is plenty to cut the casing off and 15 quesnoa for Mr ~lmley? 15 plug the well properly 16 co~eatss~o,,'r~ roweu. ~:th,.5 - 1~, I do but 16 And one other thing on the pollution 17 they can wa~t unul then That vail :e fmc 17 insurance, if that should bc required, ts that instead of 18 co~ea~sstox'r~ mslt~., xlm's fmc Any other 18 non-sudden, that the verbiage be changed to accidental, 19 questious of Mr lh~tley? T~.l~u, Comr~tqsioners 19 Just as amatter ofoost 20 Thank ~,ou, Mr Wbltl~ 20 COMMISSIONER RiSHEL I'm sum that our risk 21 .~w}t~ xhankyouferyo~r tm~ 21 manager, Mr Waguer, tstakmgall tlusm andlkno,~ Ms 22 co,o2~sstox'w ms~-m~ 'the nex~ card that I 22 Palumbo is making notes So we appreciate your input ~3 have ~s a Mr John Smmd Mr Smd, would you please 23 Comrmssioners, any other questions of Mr 14 como forwant and 8~o us your ~ and a&~zs 24 Stroud? Or did I cut you off, Mr Stroud9 Was there ~5 ~,m. s'vaox~. ~t uam~ ~s lalm Saxoud. I'm vath 25 somettung else you still wanted to say? PLANNINO AND ZONING COMMISSION SEPTEMBER 26, 2001 32 Page 21 - Page 2, CondcnscltTM , Page 25 Page 9.7 I MR. STRO~.'~- ~o. No That's fine I And I guess m} point Is thc d~lhng process 2 Appn:clatc your hn~ 2 itsclf producea natural materials And, you know, you go 3 COMMtsSI(R~'F.R RISHEL commissiom~rs? Seeing 3 to the production facihty and I descn"oe it as salty 4 no other qu~ons. Mr Slroud, thank you very much, sir 4 water with condensate and there's 7,000 underground :5 Andlhaveatha'dandPmalcard Onoongam, lfthese's , 5 sturagn tanks with all klnds of fuel m ti~ city And 6 anyuno ¢ls~ that would ~ to speak, but I have a tlurd 6 when you look at what }ou ask of ttus industry by way of 7 card fromMr IknShUl~. Mr Shul~ 7 mdemmty, I wunld ask )un to tlunk abunt what the real 8 MR.SI-I'OI, E. Mr ~rman, members of th~ 8 nsks ar~ that are out then: Andlth~nkthat sometunes 9 Comimasion, my name m Ik¢ Shupo, 1717 Main Sheet, 9 what you ask of me and what you ask of the industry is 10 Dallas, 75201 And I know }~u would hk¢ me to go through 10 mow based on a perception of some ask that I think might 11 all of Matchell's c~nrn~is but I'm going lo disappoint 11 not be there 12 you Ido, how~er wan~ lo mnkz -- what was it -- 12 So that's my shaw and toll Igneasthaanly 13 Professor Cladget slx)w and ~ for you because I have 13 corflm~nt from tho sp~clI'ic hit that I'd hko to just 14 learned abc~ut th~s l~-ocess concurrently with you as we've 14 comment on with lohn ~s it really is unportant to be able 15 gunethrunghlt Aad, bytheway, ldidn'trecngnlzeyour 15 loaccessawcllsltebygomgthroughthefloodplam I 16 ask manng~r vath/xlt his le~sme suit on 16 know that we have looked at some of the alternatives where 17 From an envu'o~m~n~al standpoint, and I've 17 you really o~erload another access point I don't want to 18 beenonmanyoftt:~olonlrsmcludingli~oneawher~some 18 dnllthere Iwllldnllunderthefleedplaln Butthe 19 of you and your s~ want and I know there Is a great 19 ability just to access sure makes it a whole lot easier to 20 concern ov~r flus enw, ronmeelal issue And I.lust want lo 20 plan it Il make a point I'm ant aslang you tu change anytlung 21 And, oh, by the way, yun can't brea~ it, and 22 These guys ihave Sl~hen for tl~ mdustxy Bat I want lo 22 I did try tlus 0as morning because it was recommended to 23 glvcyousotuathmg. Show and toll 23 me, mtbekncbensmk Now, Idan'tknowifanyofyou 24 Thz contents of one of those is obvious 24 ever had tlus stuff vath a httla bit of water, and when 25 Okay And I'm gcmg ~o ~ell )ou what's in tho other one 25 you read the dam sheet it tells you really, really Page 26 Page 28 I And I pulled tlus from the material data safety sheet I really slick If you get that stuff on your hands and m 2 Poor Mitchell guys ur~ going nuts I keep asking for all 2 the slnk and you can't get it off So when you look at 3 this stuff , l}Y'hat's m tile other one, It's not labeled, 3 what is the nmi problem of tlus stuff, you know, assuming 4 it's odorless, it's noncombustible, it has a hazard index 4 you don't breathe it and spnnlde it in your oyes, it's 5 of zero, you can put t~/m your pocket and take tt on a 5 mostly.lust really shck 6 plane, there are no ~s/:nctlons on air transport, putting 6 I thank tho staff Appn:ciae ali of tbe~r 7 ~t in a truck, putlaag ti on a boat, tt ts a combination 7 hard work It's been a long effort I think you've got a 8 of hydrouS aluminum silicates, also described as insoluble 8 good dounment in front of you We'll have a few issues 9 complex aluminum salts containing sthcone and oxygen in 9 that I'm sum we'll take forward to Council Thank you 10 chemical assoctav, on with water, also commonly known as 10 co~l~isslo,','~a PaSH~L ?hank you, Mr Shape 11 bentomte, false ccrrnmoaly known as l~atllral olay 11 Commissioners, any other queat~ons of Mr Shape? Tho 12 SO if you'll look at -- I know you go and you 12 quesuon of accessing through th~ floodplain has come up 13 look at th~ reser'~'e pit and and yoli say how much free 13 several tunes and I knox~ we have ~alked about that and one 14 board and'what's going to happen when it rams and I want 14 of the thoughts was that ~ may have situations that are 15 habthty czverage, but the overwhelming majority, I don't 15 in the floodplain, e~n though they're not dnlhng in 16 know fi. that's 90 percent, fi' that's 99 percent, 99 $ of 16 there, that we may want to access through but maybe we 17 what goes,into t~ ground ts either water or it is 17 should still look at those on an sop basis as opposed to 18 bentonite, natllral clay, commonly tlsed In that stllff 18 by right And I know '~e ve land of batted that around two 19 behindyotlmthebnc:ksundtntheconcretaandmthe 19 orthn~ddferenttunes $oMr R~chhart 20 glass vandows 20 Ma. itelc~a.~.'r we brought ilus up today vath 21 What con:t,s eot urn cuttings from the earth and 21 o~c staff and at knst as far as staff ts concerned, 22 they all get mixed togeiher and they go mtn the reserve 22 accessing through th~ floodplain, we have proposed that it 23 pti And, you know, U's not a hazardous material And 23 bo penmi~d d' our subd~lsion regulations are met They 24 when I cam~ to t'=s busme~ and started worlang with 24 would design to a ten year storm event and they would 25 Mitchell, I had no ~chng of it 25 provlda dramnge, a drainage report identif!ang that PLANNING AND ZOIqING COMMISSION SEPTEMBER 26, 2001 33 Page 25 - Page 28 CondcnseItTM Page 29 Page 31 I tl~'y'r~ not backing up thc system in a flood event I MR. STROUD Yeah 2 Basically, what they'd have to do is put culverts in to 2 COMMISSIONER RISHEL And Is t~at dunng thc 3 allow tbe flow to go through In a ten-year event Andw6 3 period that you're actllully dnlhng9 4 Ihaught that w~th those requa.ements that we would -- at 4 MR. STROUD NO, sa. I think thax's oxer the 5 least staffs feehag is that accessing through the 5 life of the well 6 floodplain, that that would be r~viewed through DRC and 6 COMMISSIONER MLYROY I i~ ail annual 7 then all the documeatatien, engmesnng r~purts would 7 prenuum for the hfe of the well, is that ,,~Jaat you're 8 dooumem that what th~'re proposing wouldn't adversely 8 saying9 9 affec~ downstream 9 MR STROUD Yes, sa' $35,000 00 a year for 10 COMMISSIONER RISHEt` once again, this is a 10 the $10 million Is what v,e were quo ed 11 pubha beanng Is there anyone else that would still 11 COMMISSIONER IffL'I.ROY Okay Then thank you, 12 like to speak before this Conumsslon e~ther for or against 12 Mr Stroud Mr Chairman, I have a que'~lon then of our 13 Ss dncum~t? Mr Mulroy Commissioner Mulroy 13 ask manager 14 COMMISSIONER MULROY Yes I had a question 14 COMMISSIONER RISHEL Plea.~ pI'oeeed, Mr 15 of Mr R~¢hhart Larry, those requu~nents that you just 15 MuIroy 16 dehneated, would you be covering that in tho well 16 COMMISSIONER ML'LROY ROo~'r~ In OUr 17 platung process, the individual details? 17 subcommittee discussion, ~,ou made ,t ~, ~-"y clear that 18 MS. REICHHASX YeS 18 enva'onmental damage would not be ¢o~ered under thc 19 COMMISSIONER MUL~OY ?hank you 19 generul liability policies 90 COMMIsalONER RISHEt` I saw someone who was 20 Now, could you differentiate for us9 }.ir 21 moving toward tho podium and for some reasea they stopped 21 Stroud Is saying that the clean up, et c~t~a, v, ould be 22 Is there anyone else that would still hke to speak for or 22 covered under his general hablhty pohcl, So ~hen we're 23 against tlus item on our Agenda? Any other questions, 23 asking for an enva'onmental policy, ace ~s'~ again being 24 Comnussioners? Comnussioner Mulroy 24 redundant in asking for clean up money or are you talking 25 COMMISSIONER MULROY Yes ! have a question 25 about damage to the enva'onmcnt'~ Page 30 Page 32 I of Ma' Stroud, please Do you have a ballpark number, 1 ~ WAO~ Yes, s~r I'm not farn,l~,r x~th 2 John, of what your premium would be for a mflhon dollars 2 Mr Stroud's pohcy It is vet) standard ~or 3 ~vlromllental pohcy? 3 enva'oamental clean up to not be included m a general 4 IVIR STROUD NO, sir, just I'm sure that 4 liability pohcy That is typically a nd~r or an 5 $35,000 00 Is not going to change per year but I~m sure 5 endorsement that you would have to put,base m adchtlon to 6 the deductible probably would be a httle blt cheaper I 6 that, which may be what he s ~ferenclng_. 7 can get that number for you, sir 7 COVlMISSlONER MULROY okay WoL.Id it be then, 8 COMMISSIONER RI~IHEL And, of course, one of 8 in those terms, would it be acceptable than ra~2c~or than 9 the w'ays to make that dollar cost change Is to change your 9 requinng a separate environmental pohc~ tha; we just 10 end of the COverage, change your first dollar COverage m 10 look at th~ initial general habflity pohcy a~d bare tbe 11 what you would absorb as a company So tbere's ways of 11 endorsementsthatitwouldcmertheenva'onrre,ntalcleon 12 adjtl.stmg that $35,000 00 12 up? Would that be acceptable9 13 MR. STROUD Our COmpany umbrella insurance 13 MI~ WAONF~ I think w'~ could 1.'ok a~ that. 14 covers a~y spills, thud party clean up, first party clean 14 sir 15 up, all that kind of stuff We just kind of feel hke 15 COMMISSIO~',zR MULROY okay 'l'h~r-k you 16 this rs a step above and beyond what we already cover as 16 coxax~SSlOS~_r~ PUSaEL. Any otis' queanons Mr 17 far as environmental insurance goes 17 Mulroy? 18 COMMISSIONERMULROY But $35,000001sth¢ 18 CO',IMISSIONERMULaOY ~,O T~ank.-,ou l~h' 19 premium for a $10 nulhon policy 19 Chaa.man 20 MR. STROUD Yes, sir 20 COMMISSlOblERRISHEL. comaus~oner Po,,x~ll 21 COMMI'~SIONER MULROY SO a $1 rmlhon policy 21 COXtMISSIO',~R POW ~!.L yeah lle ~tio~'d two 22 may be $4,000 00 to Sg,000 00 22 ffangs that I think we need Io clear up Ee saz~d an 23 MR. STROUD lassume, sir Idon'tknow 23 umbrellapohcy He didn't say general labfllc.~ If 24 exactly but, you know, ~t may be $10 24 they're one in tbe same, I guess I lust wmt to lmox~ ~hat 25 COMMISSIONER MULROY In that ballpark? 25 COMMISSIONER RISHEL I thJl~k IT.{ ~ Was PLANNING AND ZONING COMMISSION SEPTEMBER 26, 2001 34 Page 29 - Page 32 CondenseItTM Page 33 Page 35 I blanket bond I acc~deatal sttuauons are thoroughly takan care of? 2 COMMISSIONF. R POWI~LL I thought he used the 2 MR. wHnn.~c well, to r~tcrato what John 3 word umbrella, but I could be wrong And all I'm eslang 3 said that, first of all, a's the company's responstbthty 4 Is that whatever it Is thc same as a general habthty 4 to take care of t~t and there arc specific requu'cmcnts 5 pohcy? 5 for clean up to cextam levels for bank~ound 6 MR STROUD Yes, sir We have St Paul 6 contaa'unatton, ct cetera Beyond that, ff you're tallang 7 lasurancc and it's thc umbrella that covers every 7 about an instance whcre there ts not anyone, let's say, 8 operataon that wc handle tn our company from all of our 8 a~ound to clean tt up, tn essencc, an orphaned well, yc~ 9 hab:hty to all of our trucks, cars, cnv~ronmcntel clean 9 tlx~c ~s a State fund that's set up for that that thc l0 up, that land of stuff You know, we would bo happy, as 10 mdust~ contnbu~:a to on an annual basts, and those 11 part of tho permitting, provide a copy of what our 11 fundr are avadable But that's thc last resort 12 insurance docs and docs not cover if that would benefit 12 It's reall) thc rcsponsththty of thc company 13 COMMISSIONILRPOW£LL okay Andtbenlha'~c 13 and)ouhavcthcauthontyofthcRadroadCommtss~onand 14 one more quest:on and tlas m:ght show tguoranec on my part 14 the [~p~,tf they need to get revolved to sec that those 15 but sometimes you've got to show ~t, you said per sttc do 15 companies do taka car~ of tbe clean up 16 you mean per well head? 16 COMMISSIONER r. EiTn Thank you very much 17 MR STROUD That's what I was told, sir 17 COMMISSIONER RISHEL conumsstoncrs, any other 18 COMMISSIONER POWI~LL Thank you 18 questions? Seeing no other questions, so, once again, 19 COMMtasIoNaRRISHI!L cormmss~onerKeath 19 th~stsapubhcheanng Iwtll tf no onc else would 20 COMMISSlONF, R KEITH Yes I have a questt0n, 20 luke to address the Comnusston, I w:ll close thc pubhc 21 Mr Stroud Just to help enhghten some other people 21 hesn~ and ask ),fa' Rctchhart to gave us a summation 22 here, how does the Texas Radroad Conumsston respond or 22 MR REICla-:.nRT The opUous, I beh~ve that 23 regulate ret{ardmg envtronmcntol spills, cie. an ups, and 23 you ~ould have tomght ts to forward flus to City Councd 24 then federal laws, es well, that you're fauuhar with? 24 Obwously, there's reV:Slons that tbe subcommittee had 25 Ma STROUD i boheve tho 'I'NRCC and some of 25 made and maybe some addmonal revisions that you'd hka Page 34 Page 36 I thc Mitchell guys may be able to better answer your I to add to thc ordmancc to forward tt You have thc 2 question But as part of the bond that's put up through 2 opt:on of gmng for addmonal work sess:ons, contmumg 3 thc State of Texas and our msurance, I believe that any 3 flus o~er That's about ~t 4 environmerltal clean up is our responslbihty as a company 4 COMM'SSIOS~.a ~USaEC Thank yOU, Mr 5 The last thing we want to do ts get the State 5 Re~ckhart Conumss:oner Mulroy 6 of Texas involved in any of our clean up business until 6 COMM,SS~OS~a MULROY Xes Ma' Re~chhart, 7 It's to the point when they're makang sure that we've 7 what L~ Our time table, expected t:me table from the City 8 accurately done it to their satisfaction As far as the 8 Couectl on the orchnance? 9 actual statutes, I'm not for sure exactly what the rules 9 M~. ~tC:-U-L~T we're gomg forward w:th a i0 ate I ttunk it's Rule 8, tf one of the Mitchell guys can 10 work session October 9th tu C:ty Council to bnng them up i I help me out on that, that governs clean up and 11 at least up to speed as to wbere w~ are Obviously, tf 12 env~ronmantal poh¢les 12 tlus gets forwarded tomght, we would put that on the 13 COMMISSIONER I~ITH would any of the others 13 Octolxr 16th City Counod for a pubhc hesnng and 14 like to comment? I'd be willing to receive it 14 hopefully approval 15 MIL WHITLEY There are spantfic requirements 15 COIVIMISS~ON'~R MULROY okay Thank you, Larry 16 of the Railroad Conmussion for the reportmg of spills and 16 COMM,SS,O~ ~usnEc comuasstoner Roy 17 also there are requirements that, for certam levels of 17 COMMISSIONER ROY ~ gUesS one of the thmge 18 spills, that they be reported to the EPA through the 18 that ,~ probably should do tomght ts we have a draft 19 National Cleanng House for spills So there's a very 19 which ,~ thscussed at our last mecang and we should 20 defined procedure for spills that fit their specific 20 probably 8o ahead and add. ss the subcomm:ttec's Zl regulations so that then the Commission follows up on the 21 recomr,~eMattons And I thmk adopt them, :f everybody 22 clean up Of those spills Did I answer your cluestion9 22 aSm:a vnth those t~commendauons And that vnll get us 23 COMMISSIONER KEITR Yeah In erase of a 23 to a new psat, a new level pmnt ~4 spill, undur these rules that are already out there, what 24 And then I tiunk it's a saner of then Uymg 25 monies ar~ there made available to assure that spills and 25 to decx~: what to do w~th ~ new conuaents that have PLANNIN(] AND ZONIN(] COMMISSION SEPTEMBER 26, 2001 Page 33 - Page 36 35 Cond~nscltTM Page 37 Page 39 I been made tonight So -- ~ I propose that we ar.t~ss I process was and ~f anybody has ever rinsed ~s issue So 2 the subcommtttae reconune~latlosls and try to agr~ on 2 scs - the Legal Deparlmcnt w~ll bncf the Councd, ~f 3 those, If we can, and then move to the ~xt ~ 3 this provision r~mams in the~, that ther~ could be some 4 COMMISSIONER RISEEL Fin th~lqi~ that 4 risk of htigation, that tins might not be a provision 5 everyone has seen the document =:ad I'zx wo~. if th..e 5 that would b~ legally enforceable because It delegatea to 6 subconumttee would like to put forth tie changes ~s 6 the property owner surrounding thc well head the abthty 7 they've brought them forth ~nd ~ those f~ us, uno 7 to, you know, allow dnlhng closer and not have to go 8 then maybe we can Inove mia aa approval or a d~..'eetlan 8 through the sup or tho ~'o process 9 bare Comnussloncr Multi. 9 Do Commissioners have any questions? 10 COMMISSIONER I~'LRO¥ YeS, X[r {~'~a~ri~Lln I t0 COMMISSIONER RISH£L Any filrther questions? 11 would hlghhght them I think the maj cc clarxficel:.on was 11 Conumss~oner Holt 12 thc distances and the exeept:ens allowe& Ami as '~Tttten, 12 CO,M',~ISSIONER HOLT Yes At our workshop two 13 youknow, w¢'vereachedadefimtecoll.~ensl.?son~atand 13 wceks ago on ltem No 4 35-505, wc were gomg to add thc 14 found it very workable, thc 500 foot alx[ thexa up :~ -- 14 wording "shall be m compliance with th~ FL~e Code" That 15 down to 250 with the written permlsslcu of a d'~g, 15 was not added anywher~ and I wondered if there was a 16 with the owner of tho dwe!l~E .And ~'~at ~ did was 16 reason u was left out or it was overlooked 17 change that, clarify that lan~.~ge Io re<danttal 17 COM',fiSSlONF. R RISHEL I think that's a Palumbo 18 structure 18 question, is that correct? 19 And then on the elo.-r, ncal hnes. we tried ~: 1 ~ MS PALUMBO [ think that was JUSt an 20 simplify that But, again, t]:~e details will be loca..=d 20 oversight We should include that, as far as the one and 21 at in the gas development pL!t and we'~ trying to ~.eep it 21 a haft times th~ contents of the la~gest tank, in 22 simple and clear And If a comphcated altua.Uon maes, 22 accordance vath the Fh~ Code 23 then It should b~ filtered au! In the plat. me proce.~ 23 COMMISSIONER RIaHEL Okay Comrmssloner 24 And then the rest of it is mc~'tly c.,lenca. 24 Apple 25 And we spent quite a bit of turn on ~ 25 COMMISSIONER APPLE. conumssioner Mulroy, Page 38 Page 40 I insurance and I feel that we re sausfied - th~ it m~y 1 could you tell me regarding, let's see, Item No 5, 2 not be the 100 percent what a coutractcc or a dnll~ 2 Section 35-505(k), regarding lining the reverse pit, could 3 would lflee to have -- I'm s~sfied the ~ faith ~..-ort 3 you just kind of tell me what information y'all looked at 4 m narrowing the language, L:at the lane'.Iaea .x au ~.'e. 4 m tha 200-foot range of hnmg the pit if it's wlttun 200 5 inserted ts very livable for e',erybody So I r~w_orr'~end we 5 feet of a body of water, creek, or flcodplam, what kind 6 adopt that and go along vote our risk mmagemen~ on that 6 of information y'ult studied and looked at? 7 So if there are any c'.~sttons on the 7 COMMISSIONER MULROY well, we didn't bnng 8 subconumttee report -- and I want to ~ Mr P~chhart 8 forward any techineal information on that Our change of 9 He's very succinct He cepr. n'ed everymng ,,~a'y a",sply 9 thc subconmuttee was to strike the fresh water because the 10 whatwehave Anyqucstlw.~froman.~Com'm~s.v. oners'~ 10 reserve pits may not hc classlficd as fresh water So 11 COMMI$SIOX~ER RIS]------L Our l .e4al wc~ld I.~ to 11 that's the correction we made So the language is the 12 comment Ms Palumbo 12 same that we all looked at in the workshop And the 13 MS PALUMBO I just wan! to m~e ot~ co....~ant 13 liner, we can ask someone m the industry, but it veil bc 14 about the subconmuttee repeat, Item No 2 I~'s Ird~ 14 a heavy milled liner that will be waterproof And if 15 Section ~5-5030a) It's on page 2 of your report 15 you'd hke, w~ can get some technical reformation 16 There's ~ome cases ltl Texas that rndlc.~e tha! glvlr_.g 16 COMMISSIONER APPLE And, again, that was just 1 ? property owners votlun a ce~aln shstan~ of a zom.~g 17 sort of education, further education for me, because I 18 condition the ability to approve it vatheut b~'n~£ tt 18 know we've talked about thls haforo But it was my 19 forward through the sup or PD process, mt v,~ mT't be 19 understanding that in some areas -- it seems hkc somcbodl, 20 delegating the zoning authority ~r?rep~y to persm~ 20 said that some cities r~quire that all of thera have a 21 votlun the 200 feet to the 500 feet. 21 hner Am I rmsunderstandmg -- did I nusunderstand in a 22 We pulled some cas~ There's aa specific 22 previous Ineetmg? 23 cases on gas well drtlhng p,,~mts A 1o: of c~I~es h~.ve 23 MR STROUD I don't remember that bcmg 24 this In their ordinance The~. haven't be~ challen~, d on 24 thrown out at a meeting that it's always required No, 25 it We did contact some of c;e crees to tee what t_'eu' 25 ma'am PLANNING AND ZONING COMMISSION SEPTEMBER 26, 2001 36 Page 37 - Page 4~ CondenseltTM Page 41 Page 43 I COMMI~IONFA~ APPL~ o~y IS this pr~Ry ] gmng to -- 2 s~n~? 2 COMMISSIONER ~SHEL It's at ~ &~tton 3 ~$TROUD Y~, ~'~ I beh~c so 3 COMMISSIONER ~ O~ 4 COMMI~IO~APPL~ okay ~ 4 COMMISSIONER~SHEL C~t~mon~Mukoy ~ ~MMI~ION~ ~SHEL MS Pal~bo, ~ was a 5 COMMISSIONER X~ROY h ~ ~ I ~y, Mr 6 qu~Uon at eno point ~ardmg f~cmg and ga~ng and 6 C~, following J~'s pa~ ~, 7 s~ and w~ md~ndcnt ~ was ~ And 7 anyb~y h~ an~Mng to ~d, ff ~c co~ get tt on thc 8 I'm not s~ I ~ saw w~t ~ final ~olut~on of ~t 8 table, we have a pohcy l~ of a~ ~o~ thc 9 was I ~s ~t had corny up in o~ &sons,on I just 9 floodplmn I th~ Mr Re~c~ ~ off~d a solution 10 want ~ m~ s~ wo haw so~ng mclud~ on ~at 10 and a c~tmlhng mech~ for 11 ~$ ~au~so Yes, ~ f~cmg ~ts 11 And then the oth~ mmn ~K~ ~ to bc thc 12 a~ on pa~ 4 of ~ o~manco ~d~ S~tmn 35-50~(a)(2) 12 ~v~onm~ta[ ms~ancc pohcy ~d from x~Sat I'm 13 ~d ~e ~ss~on mR~ about a s~ ChanCy ga~ 13 hc~mg, and ~t has not ~ refut~ ~d ] ~ may~ wc 14 And m ~ cn~a manual, ~'H ~v~ ~pl~ of w~t a 14 should have -- we've m~ed to ~ Swo~ from Mcnt 15 ga~, w~t chmc~ ~ey ~w, ~), f~c~ s~H not ~ 15 May~ we should ask ~htchell xf ~ ~e~ habd~ty 16 ~u~ on ~H s~m d~ng m~t~al ~lhng, 16 pohcy defimmly would cover or ~ ~d ~t a rider to 17 completion, or ~ork o~Uons as long as 24-ho~ 17 cover it 18 on-s~ su~sion ~s prowd~ 18 And ff that Is the c~, th~ my que~ to 19 We ad~ ~e 24-ho~, I ~h~o ~ l~t 19 st~f would ~, would ~t ~ ac~p~Ie to ch~e thc 20 chan~ wa~ m ~ on-s~m sup~s~on ~d ~ fen~ 20 langu~c, ~op the ~p~te ~vtro~ pokey, and just 21 l~a~ on op~at~on s~ m~t ~am l~k~ at all t~cs 21 m~c ~c environmental cove~c ~ ~ m the g~cral 22 wh~ no one ~s p~t I bohcw fiat ~ose s~ up &o 22 hab~hw pohcy 23 work s~s~ons ~t ~'vo had 23 COMMISSIONER ~SHEL ~ S ~ eli with t~ 24 ~MM~SSION~ ~SnEL ~hank you 24 question to Mr ~tley and may~ he'~ roll 25 Co~ss~on~s Co~ss~on~ M~oy 25 sc~o m~t be tns~cc-~ ~ ~d to the Page 42 Page 44 I COMMISSIONER M~ROY Yes, ~ Chaw, If wc I cnwronmcnt 2 could get, follow Co~tss~oncr Roy*s pa~ ~at he let out 2 Ma w~l~cnY My ~S~ W~ m~e ~ ~ I m 3 ~d ~mc to a ~n~sus on ~o ~tlons of ~c 3 so~, I don't know I ha~c not l~k~ at ~ pohcx 4 subco~t~ I ~hcvo wc'~ ~ng 1~ on 35-505 4 ~tly and wc have an ~b~Ua pohp ~ cox~ all of 5 After thc ~t~ about the hc~t, we'~ ~ng m 5 o~ op~at~ons, but I don't ~ow ff ~t ~ ~ {~e]c 6 ~cordan~ wt~ ~c ~ ~ulations Is t~t ~e 6 hn~a~ m ti ~t John ~f~ ~ or ~c ~I ff you 7 lance ~'~ l~ng -- m ac~rdan~ ~th ~ F~ 7 go fo~d ~ a workshop or somc~ o~' ~ ~d~, 8 C~? 8 c~mly w~'U ~w ~at ~o~at~on 9 COMMISSIONER RISHEL I ~ we have 9 10 ~su~ on ~at ]0 ~MMI~[O~ ~OY ~t ~po~ ~s 11 COMMISSIONER M~ROY O~y SO any f~her 11 make ~ m~ficat~on ~at I was con~p~g on making a 12 q~st~onson~esub~tt~o~? We c~ look at this 12 mot~on and we made ~&dnotm~tas~pohcy 13 as a pos~w con~sus and th~ move fo~d to oth~ 13 ~u~, but 14 items 14 genial habib~, 15 COMMISSIONER ~SHEL ~y O~ cements, 15 ~e ~al hab~h~, you 16 Co~ion~s? Co~l~er Kel~ 16 env~o~l pohcy ~ ~ ~t cov~ 17 COMMISSIONER ~I~ Yes I*~ o~dor ~e ]~ 18 ~mp~sston ~at ~e~ policy ~ssu~ ~at have ~ 18 could 19 p~ to us ~ going to be fo~ to ~e C~ 19 COM~ISSlO~ ~OV ~ o~ !~n~ ~ould 20 Council ~ ~s? 20 not exclu~ ~t ~f u wash 21 COMMISSIONER RISHEL That wo~d ~ ~1~[ 21 You wo~d ~ust have to co~ fo~ ~ ~ ~ond pohcy9 22 It's not p~ of o~ d~t but would ~ push~ ~ ~th 22 23 o~ ~o~t~ 23 24 COMMISSIONERKEI~ Okay So~notgomg 24 ~MM~O~OY 25 to ~S$ ~ m anoth~ work ~ss~? Wo'~ just 25 ~MM~O~ ms~c ~sm~ R~ PLA~G ;A~ ZO~G CO~SSION SEP~ER 26, 2001 37 CondonseltTM ~ Page 45 Page 47 COMMISSIONF. R ROY I think there's still I thought about the indenmlficauon that s recommended M~ 2 several issues to &scuss but, again, I would prefer that 2 Shupe 3 wcresolv~th~tssues on the tobla that wc'veb~n dachas 3 MR. SHUPE. Mr Kesth, two comments tothat 4 with Get those out of the way and thcc open up 4 Your nsk manager, Robert Waguer ts right m that wc have 5 &scusslon[L.~k~ Commisstoner l~lth raised a question and 5 narrowed that significantly from where we started so that 6 I've Sot a question on thc answer that he was given, but 6 - and I think I've told tlus Conumsslon, from a pure 7 we can get into a lot of open issues or a lot of other 7 habthty standpoint, narrow]nS It so that it's on site is g issues g much better than wbere wc started 9 But I think we ought to discuss until we 9 I think tlus ends up banns more of a 10 resolve th~ work we've dnnc Make a motion on that and 10 plulosephical point m that th~s mdcmmty has Sot three 11 approve it, I ussumc, and then move to thee open issues I l pieces and '~ kccp gettmS those confused One place 12 I have qucStioas on thc ltablhty thioS but I think we 12 says, I, as the operator, release you from any clarets 13 really ought to resolve the open issues first What I 13 Not an issue The second piece of the indemnity says l, 14 mcca Is I flunk we ought to act on the subcommittee's 14 as thc operator mdcamify you against anything bad that 15 ~conunendatious and then move to any other issu~ that we 15 happens arising out of my work or t~t of any of my 16 want to discuss 16 contractors on the site That's not an issue So you 17 COMMI~$1ONF. R RISHEL Do yOU want to go 1 ? don't have ia x~orry that the operator is coming af*~r you 18 through th~II one by one? lg ~ au don't ha~ e to worry that anybcgl) elsa that works for 19 COMMISSIONER MULROY lUSt tho whole ~port 19 me comes after you I indemnify you 20 would be satisfactory Let mo do this Let me make a 20 The portion that is in her~ ~uch -- and I 21 motion that we adopt as part of the ordinance the 21 don't agree w~th Robert that this is s~zndard for these 22 subconuml~cc report with the languag~ -- l~t mc get back 22 kind of contracts This language about wher~ you get 23 -- in accordance with the Fu'o Code mserted after th~ 23 indemnified for your sola ncghgenea appears only where 24 descnp*avc language of the h~ght of the banks 24 ~x~'re bmlding things that you approve the plans and that 25 COMMISSIONER ROY sscond 25 )ou'r~ ultm~atcly going to take the r~,ponsibdlty for and Page 46 Page 48 COMMISSiONERRISHEL It'sb~nmowdby I maintain So we get down to the last plecn of tho 2 CommissiOner Mulroy and seconded by Commissioner Roy on 2 mdemmty ,,~h~ch says if you're out the~ doing what you're 3 that specific languag~ to this section We'll just vote 3 supposed to b~ doing and there is an injury arising out of 4 m on that, so plccsa oust your votes on that parllcular 4 )our sole n .cghgence, I write you a check up to half a $ motion Comnussloner Apple That will teach me to go 5 nulhon dollars And the ans~x~r to that Is, it isn't 6 through ~us process, nshft For some reason, 6 fair 7 Comnussloner Apple, that didn't -- ? COM3,11S~IONER RtaHEL one person's opinion 8 COMMISSIONER APPL~. NO I Was JUSt waiting 8 Thc other situation when tt comes to mdenantficat~on and 9 to mo if ther~ was any discussion on th~ motion barnes we 9 insurance is that there may be some things that, even 10 voted 10 though you may hav~ a specific amount of $5 uulhon or a Il COMMISSIONF. R RISHltL l'll pick It up with 11 nulhon or $10 nullion, that than' habthty may go beyond 12 that, w]th ~ okay That pert of the discussion was 12 that and the actual lunl~atlon is ouly '~hat we've put 13 approved,, and I want to back up the discussion pert, 6'1 13 forth throe But It you take an example hke tho Exxon 14 (COMMISSIONP. R KEITH VOTINO IN OPPOSITION ) 14 ~, aides, I don t thmk anybody could have antanpa~ed the 15 COMMISSIONF~, RISHEL And I don't know whether 15 ~'pes of dollars and cents that were m~olved in that type 16 -- and I appreciate Ms Apple's input on that Mr Kelth, 16 of tlang But somewhere along the way, Exxon and the 17 did you have a question on somollung or a recommendation 17 msunnS part~cs came to a nund that r~us Is what tho cost 18 of something you'd hkn to put forth m that thscusslon? 18 is gems to be and the clean up was done So I don't know 19 ~:~OM MIss toI','~, gE IT l-I well, I aught be a h'ale 19 ff a lmuts a plus or nunor If }ou hax¢ an amount on 20 late on It b~fom tho vote 20 insurance 21 COMMISSIONERRIaHI~L. NO, W~'dhkotohear 21 CO\~IISS[ONERKEITH well .,,ouknow, y~,lt's 22 your disctlssIon 22 opinions, bux opinions and lawyers arc what mak~ a horse 23 COMMISSIONI!R l~rm wall I was just 23 race 24 concerned about the indenmtficataon of tt and I wanted to 24 cox~,ltSSto~ mSH~L oka.~ Conumssloner 25 know wl~at Our colleagues In th~ mdust~, what they 25 Powell PLANNING AND ZONING COMMISSION SEPTEMBER 26, 2001 Page 45 - Page 48 35. CondenseltTM Page 49 Page 5 I COMM~SatO.XT~ I~WELt_ YC~ Mr Chairman I ~eatly 2 Thank you Mr bfulro~ ]md some ~ comments on this 2 I do not want to put words m Mr Shape s 3 during our last work scss~u and I v,~nt out on a lunb and 3 mouth but my understanding was th~c could bc an ~ccusion 4 sa~d that I would a~a~c ~'~. h,m ~f ha would mako a motion 4 where th~s could prove to bc mcclmtablc but it's much :5 regarding t~us And I s~'~ vail ~o out on that hmb, · !; unrrowcr than It was from ~hc fa'st trading, and ~hat aa 6 s~r It docs sccm ~o mc ~ It is unfan' for fha City to 6 this point It is hvablc for thc mdustO And for ~ 7 smgln out thc oil and gas 2utus~ry for ',his nxluucmcnt 7 purpose of flus ordinance only, I ~h,,~l~ ',vt have 8 I don't know lthat thay arc dom~ tha~. hut I th'nk the 8 lan~uaga and wn can move forward and thc C~) a~cys 9 rcquircmunt Is unfair, nc~~- thc less 9 and Rask Management office can work further c~ our 10 It appears to lock kkc ~f an inspector goc~ 10 habihty langungc for all thc City conuoacts and l I out there, and thio.ugh h~s .r, vn n~gh.~cc, hmis himself 11 ordinances 12 or any other City c~nplo.'~"~ ff~at Ibc clm'a~or :s hablo 12 COMMISSiOIamt Itls~at. Thank you, Mr Mulr'oy 13 And if that's what tbas m-'-~,~, n app~nl's to mo to ha 13 Coanmssloncr Powoll 14 unfair, too, And I 11 dr~ '~ ha~ and So w~th what Mr 14 COMM~SS~ONEIt ~WELI.. Thank you, Mr Clmu'man 1:5 Mulroy will say or not s~.., IS I'd hkc to clear up m my nund cxacgy where w~ arc on 1(5 CO,'dMISStO','P.R F~HI!L. I th,,~e legal would hkc 16 what we're doing tomght Did thc moaon wc.lu:'~ pasa~cd 17 tolayln Ms Palmnbo 17 -- did that mcan that wc arc uskmg ~c Clty Co=c~I to 18 MS I'ALU~,t~> ~.r.z~ want to make ~t pcrtcctly 18 adopt flus ordinance? 19 ckar that thc C~ty mspcc~r hurnng iz.'mscif or thc 19 COMM~SSIONEP. msltEr. That was only mc part 20 dnmkun fire chief, those a.'ts arc cxcllldcd from thc 20 of thc ordinance We're just agrccm~ to one see'.on 21 p~scnt langaaga I!r thc Cay ~'rr?Ioye~ $ocs out there and 21 among ourselves 22 pcnmts tho well and ~ org~ som~ng and whatever 22 COMMISSlOI,~2 POWELL. 'that's what I 23 tbcy forgot causes thc m.F~Y ~t s rcal.'l,, up to thc well 23 but I wanted to make sure I had my kad stral.~.t. Thank 24 operator to compl} oath ~:~ orchaan~ and to comply with 24 you 2:5 thc Railroad Commission ~.lus And just bccauso thc City 2~ CO,,aMISSION~ PaSa£~.. comn'ussloncr Page ~0 Page I inspector fount to make ~ c',ampll,, that's what is bcmg 1 COMM~SS~ON~.R ROY SO what I undcrs~d :2 mdcnm:ficd ~s our acts cZ msi~cung and pcnmttmg so :2 wc arc now, wc have thc draft ordinance that '~,~ rcv~'-,vcd 3 that they don t sa) )ou, Cay., ~ habg If you had 3 at our last meeting, wc ha~c agnmd and adop~d 4 only cau~t fillS, I would ~a~c ¢orrcc~d tho situauon 4 subcommittee's rcconuncndations to modify it <~ahr-.'~y, and :5 and, therefore it's only y'ur farflt an,~ you pay, not mc i; now wc arc ready to discuss whcrc ~o go oath rks 7 just said then I would h~c to ~ I apparuntly had a 7 fur~cr discussion on tho subcounmv, cc's rccom.~a~cia~ous 8 nusundcrstanding about vnat tens rceily meant. Bused on 8 And I sec no othcr discussion on thc subcommlr~c s 9 that ~ and I sec that loc i-so wanls to say something 9 rccommundations unless you want to put forth Il CO~,L~II$SIO\'ERI.,L--M~O'~ lflmay, Mr ChaL,'man, 11 donowis, asConmuss:oncr Powcllhas quc~tlcr, ed. ~,harc do 12 tohalp clanfyandrcsponlto~o',,,~,~,~o~s, Mr Powoll 12 v¢cgofmmfluspomt, and l flunk Mr Rc~chhanIaid at 13 and Mr Km~ thc imgml. ~'~at~out tl~ 13 out prctly clearly 14 modlficatlun as v~'ll~n, '~nat ],~ ha¥c -- what Mr PowcH 14 I have tho ~tchcll Energy t!ocmncnt m my 1:5 rcflcc~d ~S ~ade Ol:~n an:.It ~s mCClU.~.ablc I $ hand I know Commiss~oncr Powcll vail have ~.'~w.c ¢omlr. cnts 16 And m tha cour~ of v,.a'l-ang through thc l§ to bc made on h"as But I've looked over th~s j~..~ us 17 ord~nanco and lrymg to c-,:.l~c a solu-a, on-oncntcd 17 we've talkcd so I haven't sccn this be..forc a fc~ 18 langaaga, ~c mtcat was c~. !~r,~'d b) ~c City's risk 18 ago 19 manager and than ,,,ye asL.~i fi' fl:mt xs ~I~ ~ntcnt, please 19 And scvcrul of Ihcsc sugga~ons arc ff=:g_s 20 try to gat fha ~crbu~c m~"~.'d m v]zrc to narrow it 20 that wc have discussed ah~ady m our various w:rk 21 down, which has i'~lr~ p.a.¢ We ha~ c, in thc subcomuntlcc 21 sessions and mcctangs and I flunk ~r already hr, c made 22 d~scussion, a concel'n th~ wc not ~ to alter thc total 22 some dcc~sious on these 23 City pohcy m our v,'nun~ at' on~ or &.'.'.'.'.'.'.'.'.'mm c c and that wc 23 Some of thc~n require discussion, I there ~4 should defer to risk mans..-,-men~ T'ory'vc hacn -- fllcy'vn 24 Thay'rc worthwhde to discuss And I th,nIt '~ ran ~:5 come forward oath that hng,_,~? ~hal s narrow~l us down 2:5 tsko thc~n OhO by one tomght and msolvo them rr ~ can PLANNIIqGI AND ZONTNG COMIVIISSION SEPTEMBER 26, 2001 Page 49 - Page 39 CondenseltTM Page 53 Page 55 I move to another work session But I'm not sur~ exactly I City Council, somebody could amend your motion and add 2 what to do, but I flunk there's some of th~nn that need 2 specific issues that they would hl~ lo see added to it 3 some fur~er discussion 3 So then you could work through thos~ issues one at a time 4 COMta[ssto~tm~ RISHEL I think Mi' Reichhart 4 COMMISS[ON'ER ~OW~LC. 'that looked to me like 5 would like to v~gh in .. 5 the way to go because then w~: have a base to work from and 6 MILREICHHART At least with the M~tohell 6 we can add or subtract from~t. Andldon'tth,nkwc'll ? letter, I have gone through flus, and with what -- talking 7 be adding or subtracUng enough to make tt confusing At 8 to Dottle a httle bit and some other folks, I do have 8 this ttmc, I'd hke to defer to Mr Mit!roy who's about 9 responses, staff responses, to every one of then' 9 ready to make a mot:on 10 commants Someoftheman~stnctlypohcylssuea ~raat 10 COMMISS[O\TaRIdULROY tmready No Atflus 11 does P&Z want to do that? Other ones have been addr~sed 11 t~mc, I movc -- excuse mc, lvir Chun-man 12 by what the subcommittee did And still other ones could 1:2 coM,,,tissto\'~q aisuEt- Lei mc Uy to work m 13 be addressed like the allowing access through the 13 thc order that I've got buttons pressed Cornnuss~aner 14 floodplain I'd be happy to hand them out I didn't want 14 Apple 15 to cloud the Issue, bat if you'r~ lnchned to look at 15 COMMiSSlO\'ER APPLE. I was Just going to say 16 them, I'd be glad to do that and whalever you would hI~ 16 it's fine to do a motion, but I m reclined for further 17 COMMISSIONER lOWELL ! 17 thscussion on this befor~ contmtung on So just to weigh 18 COMM[SSION'F.R RISHEL comlmssloner POW~I 18 m, I would be mom mchned to have another work session 19 COMMISSIONER lOWELl. Thank you, sa' I'm 19 COMMISSION'ER RISHEL. Corll.llllSstoaer Holt 20 sorry for blurting out tha~ But I would hko to ask 20 COMMiSSION'HR rieL\ t a~ with Ms Apple 21 would It be proper at flus ~n~ to make a motioo to 21 We have just received th~s Tins is another one of let s 22 t~oommend this ordinance with the subcomnutien's adcbeons 22 put it on our desk and read it as fur as we can The C~ty 23 to the Council to see if w© can Set a sesood, and then ~ 23 has someflung to toll us about these I think v~ could 24 have some~ng to discuss, if you get my point Than we 24 probably have a workshop and tim:ih it up pretly fast, and 25 have a motton on the floor Wn know where we ar~ or ~ 25 ~ I think we'd be toady for a motion Page 54 Page 56 I know where we're going, assuming the motion pas.~ I I'm not ready to sand anything to the Council 2 If tlus is not tho proper tune, I'll hush till 2 because I don't think we've qmu: f'm~shed our job There 3 it is, but It seems like we're dancing around tlungs and 3 was mention of an attorooy looking at flus, a gas and ell 4 we should have sometlung on the floor to talk about and w¢ 4 attomey, the whole flun8 I'dh.~eto. youkoow, find 5 don't yet, We don't have a motion to talk about .&nd 5 out what's happened with that before we send flus on 6 I'll land of defer to you and the attorney and lvlr 6 COMM~SStO\'ER RISHEt. COmaussianer Mulmy 7 Reiehhart to tell me whether this is the proper tune for 7 COMMISStO\TaR bnnmo¥ I'nor to making a 8 that or not 8 motion, I'm heanng that there's a dasLr~ for a further 9 COMMISSIONER RISHEL Mr Relohhart, do }ou 9 workshop 10 want to field that? 10 COMMtSSZOX'ER mS,Et, cot s work on through 11 MR R~ICHHART I thank there are -- I mean, I 11 the Cooumssiooers Comnussloner Roy 12 believe you could make a motion now to see if you would 12 COMMISS[ONT. R ROY t flunk that further 13 getasec0nd There could be discusslon hefore that 13 discussion needs to be beld lf we could eaher have 14 motion is made I don't know if there's a correct tune 14 another workshop or we could take each one of these one by 15 I mean, the public heanng is closed 15 one Some of them as I said, we'~-e already discussed in 16 There are a number of policy issues that haxe 16 some length and I flunk we've ah:ady reachad an agreement 17 been raised that maybe you go through and try to get 17 on them So we could take them one by one tonight with 18 consensus on each one I guess it's really up to 18 the C:ty's adwce I don't know ho~ -- Mi' Re~chhart says 19 whtchever way the Commlsston would hke to go Maybe 19 be has a lot of -- has a respons¢ ou each on¢ lwoulddn 20 Dottte has some additional -- 20 it either way 21 MS PALUMBO It could be proper to make a 21 ff we flunk ,*~ can get these out of the way, 22 motion Now, the subconumttce's report is going to be 22 we could work them tonight and not have to have another 23 incorporated into the ordinance vath that correction, so 23 sesstoo But I would not object to another work sess~oo 24 that's what the ordinance looks ldle nght now And then 24 Or we could handle flus m subcomm~tten so that between 25 if you made a motion for approval to forward tt onto the now and the next meeUng so that w~ wouldn't have to PLANNING'AND ZONING COlVRVII$SION SEPTEMBER 26, 2001 Page 53 - Page 56 40 CondcnscltTM Page 57 Page 59 I postpone ~l y~t anothes Cwo weeks Or a special session I conduct thru' ol~ratiom on airport property, wdl play a 2 or some~hv'i h3~ that. But I would ixally hkn to 8et - 2 big role m that And s~ as part of tl~tr contract, 3 wa're var) close and I would rcaI1) like to wrestle vath 3 they're goleg to be lootang at the gas well ordinance 4 ~ issu~ c~thur tomfht c~ in a r,~heonumtlcc or 4 TI~ pn~blem cSat wc hevc had m trying to find 5 another se~ien so that v~ can wrap flus thing up 5 a firm to do this as that them as not really any 6 CI2&LMISSION'I~ Rla~ ~i~at. Cunumssloocr 6 attorneys m Tcx~s that spcclahzc In dcvclopm8 8as well 7 Keath 7 ordinances 8 CCSL'vnSSlON'~L~ai~ ¥~ I flunk we should 8 g2xt y~ can r..ll from some of the or&nonces 9 go into an,"~hcr work s~sslora on tbs Part of our 9 that you'v~ ~eccaved fran another city and from Fort Worth 10 t~puns~--vxzes is to p= a l~ankage together before It 10 ~s that thcr~ s no~ a n~l coosansus of really how to do 11 ~cts to the City CounciI and to w ark vath thc mcrabcrs of I1 flus as a czF m Texas But we have engaged a law firm 12 thc commmity and hs~ to lhair ~de of It 12 This f'wrn docs ~o thc ce~v ^lrport Thcy have an od and 13 E~ though ~c ~ma"D companies don't vote 13 gas dtvlstm So tbey II have a series of attorneys thet 14 in flus to'a:, they're gcm~ to be ~mg a lot of business 14 specmhzc m d~ffa'ant mas looking at it and looking at 15 in this community, anal I so: them as part of the commumty 15 the way d~ wc have ~'t up how to regulate gas v~ll 16 for that rc~n So I thnl~ having another work session 16 dnlhng va'tun [la~ CIt5 17 na flus, p~, ~ all U~,c*Ja~r '[hat '~a', we como m hero, 17 I anUcrpa~ ttut they'll here some comments 18 we can jus: push ~t n~ alc~ and not have a whole lot 18 I don't anCclpa~ that c-ey'm going to have a whole lot 19 of cntm,~v,-~ents to ha~-, to folloamp on with the City 19 of recommmdam:ms ox your ordinance that you*all ha~ an t 20 Council 20 almady cms~der~ 21 CCMMISSION'~"iRI$t~L Think you, Comnusstencr 21 CCMMIS~ION'EiKEI?H when, when vall th~s be~ 22 Ms Pahur.2o 22 ~ PAI~t~O- ~rhc work session is scheduled 23 I~,J. ~'^I.~.~Bo- m~h~. It 'a~ mentioned curher 23 for Octobc' 9th. 24 that the Camcd has sc2edtE~ flu~ for work session on 24 cc~,p, lms~o~,'~x r~i~H i m sorry When will the 25 October 9'" And to c.m-ff~, flus far the Commtssteacrs 25 review he ~one by the - Page 58 Page 60 I because II '~ premature of the Co~.cfl to have a work I },iS PAJ. J..JMBO we've already given them the 2 session on '~us poor to the P&Z fcrwmdmg It up to the 2 documents so ~t's a matter of -- I have a phooo call mto 3 Council, b= the Coun~ ~ bern presslag staff to 3 them tomorrow- So .hey'm not going to rewrite anything 4 develop the bd docnm~ts Ir-c~ the an'port property 4 They're basically going to be providing us with comments 5 .a~l so those ~c,rm~nts ~'~ the primary reason 5 So t f there's anytlung, that wa'ye written m thzs 6 to hax c the october 9r>. ',~ crt, sess:co Th~s ~s going to be 6 orchnance that ,~ paracularly harmful to rather the City 7 brought ut' ',hem also jr. st molly to kind of explain how 7 or unybody, you know, hopefully, they'll catch it But as 8 the City is ~mg m ~l,~te _~as ,~I1 producUon vaflun 8 tar as every att.~raey r. hat's looked at it so far, they 9 the City, k:=d of m rel~on Io the airport property 9 Mven't s~--m ~t. 10 A: the end of ~ar last wc~ session, Dou~ 10 A~d I know you got the Fort Worth ordinance 11 Powell car. ed me and sod float cae of tho Comnusslooars 11 and jtlSt to gP,'~ you a httle blt of history, the initial 1:2 ,~as concerned that w~ oeed~d som~ hod of attom~ to look 12 ordmence that y'all l~oked at when we started ttus 13 at our o~,",,nce to ~ sc~e c~ts so that the 13 process ~s forwarded to the Fort Worth attorneys And I 14 Cunumsslm could, ye:: knc-~w, rec-'dv~ some comments from a 14 can't remmlb~ the llate 15 specmhst ~: the field 15 And th,~n abalt three weeks later, they 16 V, *.. at the I.~. D~t, have adchtlooal 16 forwarded me ~:heu' ,~"aft o f their orchnance And I ~e 17 funthng to ~her adchcunal *fiends to give yet aootho' 1 ? had a me~'.mg v, lth ~ where we sat down and ch,cussed 18 opinion on City ora,n~.ces cr Cir, coo~racts And we had 18 the regul~ons and koked at everything And what I 19 always mle:ded afi~r'~ de~'elol~d the au'port bid 19 heard baa3: from them on their ordinance ~s that then' city ;20 decumen~ to have an literacy lo,'x at it, primarily for 20 now ts aslanE fl~m to add m some zoning regulations So 21 the purpose to see thai t~e ~'alt} ;'revisions in them 21 there's no ~ consc:~'lJ$ among Texas cities how to do 12 ~ ~olng .o be ad~m~ so that c:~ cmzess got what 22 this 23 they ,~ ~,utled to w~a w~ I~sed out the nun~-al 23 COVL.MtSSIOX,~R RISHEL comnusstoner Mulroy 14 m~eroat 24 COMMISSIO',,~R MULROY YeS In consider~on 25 Tm gas w~ll c~chna:nce, ~ far as how they 25 of cvcryo~'s ~ts and revlcwutg the letter, I x~nt to PLANNrNO AND ZONING COMMISSION SEPTEMBER 26, 2001 41 Page 57 - Page 60 CondcnscltTM Page 61 Page 63 I ~ssuc forth some comments and then l am gomg to make a I COMMISSIONERPOWELL ecs l'dhkctosecond 2 motion 2 ,t. rd hke to question Mr Mulroy What you're saying 3 Thc letter is at late date and I will take thc 3 ~s yc~ tc not eslang passing it You'~ asking us to -- 4 least troublesome Is the technical issues And thc 4 your motion is that we recommend ~t to thc City Council? 5 Mnchcll folks hnvc been revolved from day one and thc . 5 COMMISSIONER MULROY Yes, sir 6 technical issues brought at thc letc date arc very minor 6 COMMISSiONF..R POWELL [ know I'm putting words 7 and I would not hesitate to pass the pohay of thc 7 :m }an- mouth but I'm just ir!nag to make it smoother, if 8 ordinance, and if some minor technical tlungs, once our 8 you ~ca't mind And vath that, I'll second ~t 9 experience cur~e b~qns, If staff comes forward vath 9 COMMISSIONER MULROY That ls my motion Mr 10 clerical or technical clean up, that, to mc, dces not seem I0 11 problematic I i COMMISSIONER mS:4EL it's been moved by 12 Oomg to thc front page and tho pohay issues, 12 Comzussioner Mulroy and secendcd by Commissmn~ Powcll 13 the No 1, wa'se already discussed that and tlgrc's thc 13 Dlsc'=s~on? Commissioner Apple 14 sup process that's always available so there's sally -- 14 COMMISSIONER APPLE [II be voting against 15 no one is 10clog excluded at this point and we've work~ 15 thc c:~aon for the gasons I cited earlier I'd hke a 16 that language many times 16 hale :it further work to be done 17 No 2 is gaily a prances of your Development 17 COMMISS[ONERRISHEL corfalllSSlOner Kelth 18 Code That was mcaUoncd at tlg end of thc last 18 COMMISS[ONERKECrH ^gam, I'dhketo 19 subconumttec meeting that the language, thc reverse 19 rcau~,~: that I think wc should hnvc a clean package 20 lenguag~ would have to bo in thc Development Code whch is 20 becar, s¢ that way thc industry will hnvn an ordinance that 21 sollbcmgwnt~eabystaff So thnt wlll be easily 21 ~ an just start vath Wc dan't have to come m and 22 covc~d It's gaily not a major pohcy confrontation fo~ .'2 start ::mlang some fine tunings every tune wc turn around 23 us 23 Listening to our attorney speak, this could 24 No 3, I would say that that's gems to be a 24 vcr~ -~ell become a guideline for other cities to use 25 self l~vchng process If our right to ask for a 2~ Qmie t:ossible And I'd hke for Denton to have n good Page 62 Page 64 I consultant Is abused, everyone will hear about tt I'm i urdmmcc out there that other cmos may look at And so 2 not for puttang a cap on ~t at all We'll have to ha~e an 2 I'd L~: for us to have another work session 3 expenance factor develop and we can always adjtc, t 3 coMMissio~re~ eas~sc comunssiooer Roy 4 No 4, part of my motion vail be to change 4 COMMISSIONF~R ROY [ have no major problem 5 that insurance as been discussed 5 vath ~ motion excerpt the ltcnn on tho environmental 6 No 5, we've already discussed at length aid 6 hab~---"y coverage At our workshop, excuse me, our 7 our -- I think we have livable language for everyb~y that 7 subcmmat~ meeting, our nsk management manager made a 8 covers tha bases 8 vcr~ 'dear casa for this policy And I can go along with 9 No 6, I don't flunk ~s a major issue because 9 the rmuon ff that part was not thexc 10 folks always have tha sup process And as far as t:~ buy 10 I would hk¢ to have mom information from tho 11 nghi, we're trying to get g sunpl¢ and so I would ~ot 11 ask r. anag~neat people about th~s b~caus¢ it was very 12 enter that into the discussion 12 clear st that tune that v~ needad a policy, a separate 13 So my mot~on would be to pass the or~narce as 13 e:nvn'mmeatal pohny That was my undarstandmg 14 written with the m¢luston of the subconumttce report and 14 COMMiSSiONEa RISaEL AS part of your 15 that language that was changed, and than that we mxhfy 15 chscx_~slon, let's bnng Mr Wagner down and mayhn Mr 16 the language to allow access through the floodplain vath 16 Wag:er can clarify that and you still have the floor 17 the detml control to be handled in the gas develop=eat 17 Ma. WAONER Y~S, Sa' On tl~ ISSUe of 18 platting process My further modification would h: to 1 $ emvn'mmeotal pollution policy, we'r~ probably going to 19 drop the reqmrement for the separate envirorm~anteI pohey 19 need ~ look at that a httle further befor~ we can come 20 tn that the environmental coverage should be prowded ~ back ~d say this is exactly what tl~ wording should be 21 Okay9 Itvallbeprowded Itlustdoasn'tnecassa'nly ,~I Th~ - as both of tho geotl~ea came up and spok~ about 22 have to b~ m a separate pohcy And, furthermore, ~ what ?pc of pohcies they have, I think that we may be 23 passing th~s ordinance subject to outside legal mvxew ~ 23 ~ '~nth some semanUcs hme when thny'r~ mentioning ~4 commants So that's my moUon 24 umbria pohcies 25 COMMISSIONER RISHEL DO I hear a second9 .15 And an umbrella pohcy, ff you can just PLANNINO AND ZONING COMMISSION SEPTEMBER 26, 2001 Page 61 - Page 64 Cond~nseItTM Page 65 Page 67 1 picture an umbrella, it tcu,~,~ly is several dflTere~t I d~scuss~on h~ so I want you to f~l f~ ~ come fo~ard 2 ~ of po~ ~d~ ~)~ o~ ~ pohcy, -~ ~ 2 w~ any qu~uons ~at you ~vc ~ss~on~ Peru 3 cov~ ~ on o~ ~y but ~ wo~d ~ 3 ~MM~IO~ ~WELL V~ W~ you'~ okay, 4 &ff~t ~ ~n t~ ~ &ff~nt hn~ ~y ~ 4 s~, I'd l&~ to discuss w~ ~ M~oy No 3 It 5 ~ hab~, ~, ~ml hab~hW 5 bo~gs me ~at you want ~ ehmma~ a cap on ~at I 6 ~t ~ ~) ~:~ ~ a s~on ~ 6 could s~ w~ ~t could get out of ~nd and I don t 7 ~e ~ ~ S~d ~ ~ ~ do have ~vu~ 7 know ~at a $2,500 00 cap ~s appropna~, I don't ~ow 8 hab~h~ ~ ~t po~ ~t ~o~d kick m or ~d 8 what ~ount world be 9 ~ ~ f~ c~n up ~t ~ ~y ac~y 10 about ~ u a ~ ~ ~ ~xe m addition ~ ~ 10 Mu~oy, ~t we do n~ a cap on ~at ~'s just no 11 ~n~l hab~w, m ~ now x~ould be m~ by wMt ~ 11 o~ way ~at ~t would ~ l~cal for ~e fo&s ~ g~t 12 have m ~s ~ce 12 m busings and ~H ~s ff ~'s not a cap on ~at 13 It cofld ~ ~t ~ w look at ~t 13 ~MM~O~ RlSnEL And I'm wending ~f 14 dollar ~omt If ~'~ ~ ~ - ~mUy If ~ 14 ~'s some way we can spr~d ~at among multiple p~plc 15 mdus~ck)~u~ ~mmuchmomfa~l~ 15 ~twouldcomefo~on~t Maybe~ Re~c~a~could 16 what ~ ~e ~ ~xe m ~ ~ o~m, ff ~t 16 help me w~ ~at I was a h~le b~t conc~M about it 17 mdus~ ~s ~ch ~t ~ b~ ~ pohcl~ m ~ 17 w~ a cap, t~ ~d I'm ~nkmg, as ~ F~st pgson 18 multi-hn~ vain ~ ~ one pohcy or one ~m~ 18 com~ fo~ard, ~ we going to ha~g ~at F~st pgson 19 pohcy, ~ ~ pul ~ ~t ~ S5 ~on on ~ ~1 19 wl~ all ~o msponsibd~ And I ~l~ ~f ~ knew 20 habihw ~ ~n S 10 mlho~ on ~o~ hne ~ =oL It 20 ~t ~ was a hab~h~ of $2,500 00 or w~ ~at 21 just~yn~w~k Y~not~ab~do~ Y~ 21 fl~m~tbeand~ow~at~fwehad$10,00000wo~ 22 may n~ ~ ~ ~1 ~ ~t across ~ b~a 22 of l~al s~lces, we m~t be able ~ sp~d ~t fo~ 23 ~ ff ~ do ~c r~ ff ~ say ~ $5 23 ~ multiple entm~ ~ And I don't know how to do 24 mizen on ~ ~1 ~b~ and ~ $5 ~on 25 ~v~o~ hab~h~ ~d ~ mdus~ ~s able ~ 25 MR ~ICH~T ~ ~mk ~o f~st ~y m would Page 66 Page 68 I s~ pohcm m whc~ it s ~ ~bmUa pohcy ~ I be ~pons~ble to ad~s o~ l~al conegns I don't 2 mult~ hn~ mclu~g ~ hab~W and env~o~ 2 ~mk -- 3 bab~hw ~ up ~ $5 ~ m covgage, w~ch a w~t 3 COMM~ION~ msnEL Ms Pal~bo 4 --all~:mb~ng formd~galhab~ 4 MS PAL~BO T~way~t's~n~s~t~ 5 s~t~on of ~ or~an~ ~ aU of ~t wo~d s~ be 5 prowde a scope of work We ~11 ~e opga~r ~actly who 6 mg E~-~ng~t~as~for,~twofld~mec 6 lsgomgtobehl~ what~lrsco~ofwork~sgomgto 7 I'U s~p ~ ~d s~ ff~t ~lp, ans~ some ~gs 7 be, and ~ have ~ abdl~ ~ come m and ob~t to 8 ~,~loh~ x~ Roy 8 ~t and say ~at, you~ow,~ocosts am~ hl~ 9 ~nm~:o~Rov ~e~ I ~ you'w~t 9 ~d I s~ ~ -- I have about 30 10 chnfi~ f~ ~ ~l you m ~l in ~ posl~on ~ m~e a 10 ddf~nt ordmanc~ m ~ Fo~ Wo~, ~nbr~k, 11 ~o~uon ~ ~ m ~ ~ss~, and ~t's w~ I I 1 ~le, Hasler, ~U~e Smtlon all have simtl~ lan~a~ 12 ~ve&sc~ ~d~lof~moUo~I~no 12 in~ Plusa~ordman~mf~ce~F~m 13 p~c~ r~bl~ ~ ~ I ~ ~d~d ~ 13 ~de, who has ~ ~cal adwsor w~ no cap 14 o~ ~m~,as~o~ v~ ~d ~ a 15 and I ~o~d not ~j~t ~ ~ ~ 15 gmng ~ ~ve ~ a scope of work and an oppo~F to 16 ~Io~ ~s~ ~t ~t so~ 17 ~ t~ ~ ~s ~ pm~ ~ C~ Council ~}ae 17 work and ~e cost of ~at ~s going ~ ~ as~nom~cal and 18 ~'U ~e a hfle b~t ~ ~ of wh~ he's go~ 18 ask P~ on a case by cas~ basis to lowg, you ~ow 19 ~ ~t ~ ~6on ~d so I want you ~ ~ 19 ~ scope of work or ~e pa~ent or, you know, have ~e 20 co~ombk ~& ~t 20 C~W absorb some of ~t cost I ~mk ~'s ~ 21 ~l~lo~o~. Y~ ~t's~on~ 21 oppo~ ~d~hapsaf~abouta~ors~x 22 p~c~ 1~ ~t I ~ ~c~ w~ 22 mon~s af~ ~e ordinance ~s m eff~t, you ~t want to 23 ~x~u~oh~ ~ ~d I don't w~l ~ 23 cap it or you may find ~t ~ n~ ~ a sp~mhst 24 ~t ~ ~ston ~ ~ ~t ~fiy you wo~ v~ f~ 24 So I wo~d ~o~nd ~t you lmw ~ ~n~ as Is 25 or why y~ ~fld vo~ ~ I ~ ~'~ in PLA~G,A~ ZO~G CO~SSION S~ER 26, 2001 ~2 Page 65 - Page 68 CondenseItTM Page 69 Page 71 1 COMMISSIONI~R RIS:~L commissioner Mulroy I environmental spill or accidental spill, then we're still 2 COMMISSIONER t,~X~OY YeS, Mr Chatrmun I'd 2 all on the same page 3 hke to ~:spood fa'st to Mr Po~v, ll You addressed the 3 The gentleman that came up and spoke about his 4 quesuoa bat Ms Palumbo ha~ pretty much answered it And 4 policy, they have insurance to cover an environmental or $ my pestaro was, lVlr Pow~ll, atalatosubnussioo, a 5 acctdantalsplll It'sthere It may just be the 6 ~ally was not a major pohc) roue 6 wording, the wordsmttlung ahnost, that we need to put 7 There are ways to ,,,,r,~te It and it may, If 7 together on how to cover that 8 it's abused, than later on v~ may come back with a cap I 8 And It may also mean that we need to review 9 just fluak we need some leanung curw on tt But it's 9 that top lumt, the $ I 0 nulhon or the $5 million on the 10 pretty standard in th~ other cay pohcies and documents 10 general liability, because if we are going to -- If the 11 that tl~re isn't a cap stated I just d~dn't flunk it was 11 industry Is set such that they have these policies all 12 a larg~ caough issue to hold up tho ordmaece AndI 12 under one urabrella-type policy, than that ILmlt IS all 13 thank Ms Palumbo for her ~lananon 13 going to be the same or there's going to be venous limits 14 And, secondly, I'd lC~ to respond to Mr 14 within it The environmental Is probably not going to be 15 Roy's comments on the tnsunace My motion is not to do 15 more so we would need to address that issue But, 16 away 'ruth envtronmentol cm'a'age It's just to do away 16 pnnctpally, yes 17 with the requirement of a Selm'at~ pohcy 17 COVlMIScJIONER MULROY SO It IS acceptable to 18 I'm for mqumng coaanumg tlm coverage -- 18 the ask management, the City that not necessitate a 19 reqan~'~ent of the coverage But ~f they am able to 19 separate policy as long as you get the COverage that 20 include n in their general hab~hty, then w~ don't need 20 you're advocating under the base pohcy9 21 to stipulate a separate pohc~ 21 MR WAGNER Yes The intention is to make 22 COM~ISS[O~,tF.R RISHF~ Colxmuss~oner Roy 22 sure that there Is some coverage there because it IS 23 COMMIaslOtqm~ ROY i understood that point 23 typically an exclusion under a general habfltty policy 24 And my only coocern ~s I ~ culd kke the ask management 24 So we would need to make sure that it's addressed m some 25 specmhst in the C~ty to cunfiral tl~ acceptability of 25 form Page 70 Page 72 I that Thai'sail I COMMISSIONERRlSH£L okay Stay nght there 2 And if he cannot, and I hebeve he stood here 2 D~rector Rachhart 3 tonight and smd he could not at flus tirao, then I would 3 M~. REICHHART Thanks for the promotion I 4 request that that part of it not be included m the vote 4 think the -- I mcan, you can look at it two ways You can 5 But ff -- that's what I unda'stcod, that he needed mom 5 get into the ratty gritty what do the words say or you can 6 tirne te work flus Issue Aad I'm perfectly happy to 6 send it forward, if yoo're mchned to do that, vath the 7 address it a later date 7 policy issue that then: is envu'onmental coverage And 8 COMMISSIONERIVlI.'LROY l Wes -- I'm not sure I 8 that's really the bottom hne Dowcwantcnwronmcntal 9 had the same understan,q~ I think rea~hng word for word 9 coverage? Yes, we do 10 and tryl~ to give yell specific language, he was not 10 Now, whether we get it by bond or by umbrella 11 prepai'ed ito do that My mderstandmg was, in pnnclplc, 1t coverage or a separate coverage, It do~n't really maaer 12 that he understood the d~fference of what was related to 12 Do we have environmental coverage? And, really it could 13 us In the,subcommRteo and what one of the industry 13 be that sanpla that that's thc way you want to send ~t 14 members said, no, It's pos.~'ble to do It another way 14 forward that we make sure wc have environmental coverage 15 So I guess I would hkc to re-question our 15 and we can can come up with optioos for Council any way 16 ask man,get that, m pnnc:plc, ~f you can affect the 16 they want to word ~t The~ may be two or thee different 17 same environmental cover~.e imder the general liability 17 options and ~t might be as simple as saying wa want 18 pohcy, Is that acceptable to thc C~ty'~ 18 env~ronmentol coverage 19 COMMISSIONER ROY If l~ff Wagner were to come 19 COMMISSIONER RISHEL counselor Palnmbo 20 back, please 20 MS P^~.UMOO If you look on page 13 of the 21 MR. WAGNER Thl~k you l~[ost definitely, m 21 ordlunncc, we had a snmlar ~ssuc arise, and look at No 22 pnnclple, I flunk that I cer'amly agree w~th or 22 6 The ques~un that the industry posed to us and wc have 23 reconmland that as long as the~ rs semetlung that is 23 this standard langua~ in all of our cunU'acts that 24 prowdexI through tholl' lnsa'allce that shows they have the 24 covera~ shall be placed vath insurance carners hccased 25 financial means throt~,h mmrance to protect from 25 to do business in th~ Stat~ of T~xas PLANNIN0 AND ZONING COMMISSION SEPTEMBER 26, 2001 43 Page 69 - Page 7~ CondenseltTM Page 73 Page 75 I Well, because our oil and gas well operators 1 in Fort l~,orth's proposed ordinance So it's a relatively 2 arc cormng from around the United States, they wanted us 2 new idea and concept and Fort Worth IS thc one that came 3 to add "vnth not adnutted corners that have a fin/metal 3 up with 4 rating comparable to corners licensed to do business in 4 And we, in fact, copied that provision from 5 Texas approved by the City" So if you take that idea, a. 5 them because v,~ thought -- Robert and I discussed it and 6 smular concept, and say that they have to have the 6 thought that it would be good to have as much Insurance 7 envu'onmcatal pollution habthty coverage or 7 protection as possible for thc citizens 8 envu'onmeatal pollution habthty coverage afforded under 8 co~nMtsslo~ ~USHe~. comanssloner Powell 9 an urabrella pohcy as approved by the Ctty, if that's how 9 COXtMISSIONr~RPOW£LL Yeah I'm not sure I 10 you want the staff to write tlus rote the orthnance, I 10 undersUtnd how much beanburn we're under here How much I 1 feel hke the risk manager has certainly said that we can 11 -- what kind of a t~mehne is the City and/or the industry 12 do that It's pretty much the same Idea 12 in hero - how much tuna do we have in practice to get 13 COMMISSIONER MULROY The intent of my motion, 13 this job done and recommended to the City Council? And I 14 for the record, ts not to preclude or exclude or demean 14 don't know who I m eslang that question to I guess Mr 15 the env~ronmental coverage as recommended Ittsonlyto 15 R¢lchhurc but I'm ant sure I'mjustaskmgitto 16 elumnate tha need for a speclf'tc, separate envu'onmeatal 16 anybody vailing to answer it Is this -- If it doesn't 17 policy 17 come ooi of ha~ tonight vath a recommendation for the 18 So as long as the contractor can provide the 18 Council ts this going to hurt the industry or hurt the 19 msuranceunderpohcyA, B, or C, that's really up to 19 City? Help me out bere Wha~arewe? 20 them. and I'm advocating the same coverage that was tn th~ 20 x~s PAt. U~OO DO you want me to answer 21 ordinance 21 COMMISSIONER RISHEL Mr RelchhRrt or Ms 22 MS PALUMBO We can do that 22 Paltunbo 23 COMMISSIONER RISHEL commlsslol~er Roy 23 xls p^LU~mO Actually, the unpetus on this is 24 COMMISSIONER ROY Yes I think you've 24 to try to ~t the au'port property leased We feel like 25 probably answered tlus, but the other cities' ordinances 25 we want to ha~e tbs gas well ordinance in place at die Page 74 Page 76 I that we've looked at, including oar neighbor m Fort I same time that the bid documents go out for tho au'port 2 Worth havn specifically asked for a separate 2 property because there s dnlhng oocurang all around the 3 envtronm~ntul pohcy And la that simply because it's 3 au-port properly, and our main concern is that ~ might 4 typically not covered m their 8~neral -- ambrelh 4 bo draining out from under us 5 policies? But they are very specific in diese other 5 So there's wbero the work session is And if 6 ordinances about a separate envtroomental pohcy 6 you wanted to send this forward with your recommendations, 7 t,~ w^ol, ml~ well, I can only assume what 7 along '~ath the nxtuest that if th~ Council at work session 8 then' thinking was there but -- 8 feels llke they need P&Z to take a look at more Issues - 9 coMMIeslONIER ROY speculate, please 9 or, you know, that's several different ways that you 10 MR, WAONER I would speculate that it would 10 could do that You know, they will consider whatever I1 be for die same ressoas thet here tahen as to this point 11 you've go~n to tlus point And If there's no 12 tonight and that Is that it iS typically excluded under 12 recommendation, you know, they just want -- they're 13 general habthty pohcy And I throk, again, If we go 13 pressing staff to get our airport but documents ready to 14 back. I think we're still on some semantics he~, the 14 go and bid out 15 t~xtmrcment of an additional pohcy, as far as I'm 15 xm. REICItHAIt'r !havc some additional - I 16 concerned what Mr Sa'cod said is he has diat additional 16 mean, ~ re dealing vath folks coming into oor office 17 pohcy 17 daily looking to pursue development plats or sups and 18 What he was gmng out and lcoklag far and 18 wamng to find out what thc regulations arc, and they 19 brought thc prcnuum to us on tonight was a policy that now 19 have been waiting patiently for over a month now to do 20 would sit on top of die pohcy he alresdy has and that 20 this 21 would go up to meet die $10 nullion ~Cl~t ButI 21 I think there nught have bees some folks diat 22 would say diat, yes, the mason why it's in diese odier 22 would ha~e started the sul' process if they had thought 23 ordinances is for thts very mason 23 this process would have token as long as it has Thare 24 MS, I, nLUMBO- And I just want to mahe tt clear 24 are -- what I hear from th~ mdus~'y, anyway, is that the a Is not m asy ordinance m the State of Texes Iris 25 biggest problum ts that if they don't get some wells PLANNING AND ZONINO COMI~IISSION SEPTEMBER 26, 2001 44 Page 73 - Page 76 CondenseltTM Page 77 Page 79 I started, they're going to lose having the oil ng I And it vail be a work ~ pmcass. There will 2 available to them Because what happens, it goos out, you2 be ideas and a learning curve toO. I'm sw~ some thmgs 3 know, v~ say we need it in November, if they're not ready 3 will come back to us. But as fa: as a eredthle starting 4 to dull, it 8oea somewhere else and they don't get it 4 place, I think we've put a ~doc~ mr~ant of work and 5 agem for another couple of months 5 attention m industry input and mdt' ~npm end we're very 6 So I think there is a little hardship in the 6 close on pnnciples 7 industry I'm not sure how much As this -- if we don't 7 And if we hold oul for .t per:'~:ct document, we 8 forward this out tonight, it's likely it won't get to City 8 could be another year I agree .~e presen.ation to 9 Council till November 9 Council should be clean In mU_, mfs'red, but I'll 10 COMMISSIONER POWELL Ivff Chairmen, just to go 10 stipulate in my motion is that ~erl,.xlamg that's 11 along with what I was just asking, even though I seconded 11 forwarded, that it's redrarted to .our..~n a.l that so when 12 this, I find myself b~twoon a rock and a hard place I 12 it does go to Couned, they are .t. okuag m a clean 13 really agree with Mr Keith that we should give the City 13 document And It ~euld have ~ be cle,~ for legal revtex~ 14 Council a olean ordinenea Well, I think that's just the 14 also 15 nghitlungtodo AndthanIagroovathMr Mulroythat 15 So l don't went to hun., en.vane past major 16 we need to get on with tlus And that's why I'm asking 16 concerns or not serving the puh?.c I_lua. when I rewew 17 the quastlon because I don't know yet how I'm gemg to 17 the history, we',, e probably hac a~ different m~etmgs 18 vote even though I did second it 18 and sessions vath inputs lind a '~ulu:ude of discussions 19 I'd like to find a way tonight to give the 19 and opinions, and they've been '~'~'~d ~wn to the 20 Council a clean ordinance I don't know if we cea do 20 pnnciples m our orci~ance ng.k now And I Just think 21 that Ms Apple smd we need more tune or at least one 2 t we're very close on ~ prmelp~ 'Char,l. you 22 more work session and I kind of understand that I don't 22 COMMISSIO\"~.R RISHEL [ m gou~g, to make a 23 know what -- I'm sorry I'm just telling you my gut 23 statement and then ~?re going ~ tsc. a ~reak I have 24 feeling here is that I don't know what to do yet I'd 24 several people that ~ould hke ~ ~ I would like to 25 like to find a way, if it's possible, to give the Council 25 say thank you to the mbcomrm~ a~ad t~ work that Page 78 Page 80 I a clean ordmance tomght that would satisfy Mr Keith's I they'veput mtoth~s au,t staff and he w~rk mat they v¢ 2 concerns and would satisfy Mr Mulroy's concerns and mine, 2 already done vath reg,:ri to Chis 3 b~ausc I'd hk~ to move it, also 3 lvhtchell Ena'gy people ar~ b~aung daem..~lx ~, now wishing 4 COMMISSIONF~R RISHEL commissioner Mulroy 4 they hadn't put forth a 5~cu~,nt ~ as a-~d ~ u look 5 COMMISSIONF. RMULROY lcertainlyunderstand 5 hkeltwas alastminutertung. So.'m_~namg.~go 6 th~t~'s some Wep~dat~on But going back over the 6 through the speakers tha ',~ ha'~e m oux- Bolcd and then 7 history, and it Is a short history We've tned to do an 7 I'm going to sugg,~t tha. we take a :n~a.k and :hen we*ll 8 awful lot m ten weeks andthe first presentation, the 8 comeback rote session I havelvlz ~c~:~ I~£- Roy, and 9 majonty of Council members we~ tbere and two P&Z 9 Ms Appl~ that would 13:~ to speak md I'm g~.~g lo t0 memhar$, and th~ sense that we n~led a n~v ordmsoee 10 r~cogmse than and th~ we 11 tal~ ~ break. Cannuss~oner 11 really originated vath the P&.Z members 11 Ko,th 12 That's enthusiasm to get the gas development 12 MS I'~,LL'XtB~ COnUmSSi0Xm'S there ~ a motion 13 up for some moootary reasons from the C~ty's s~de and to13 en lhe floor that has b~:a s¢cond~ md tSer~ ~ st~ll some 14 give dir~ctl0n to developers and th~ oil and gas folks 14 people that '~ani to speax to th~ m~rc~n The qaestien 15 There was eethuslasm, but th~ nj:ed for an updated 15 did yen warn to place Ih: mouen ox the :mbl~ ~ad then 16 ordinance l~ally originated with the P&Z members at that16 take the break and then come back md tafl,~ il ap with the 17 meeting We've had two other presentations We've had 17 discussion or do } ou '~at to 3us! ~ nI-e~ an/vote on the 18 the field visits to every phase of the dnlhng And 18 -- there's still - 19 v~'ve had a pictorial representation of same to tbe P&Z 19 CO~.~IISSIONER RISHI~. I thnk ~ ha',~ 20 members We've wrestled wlth this much paper Iean 20 diseussion~'dliketot'atfca'thsc,'abhc~gunaybethe 21 remember lV,_s Holt reflecting that she would hko to have 21 appropriate thing 22 an ardmanee of no more than two page~ Solden'ttluak 22 tiedtoaboutat~o-hour~Untbefc~..:he', s~anfc~anung 23 w~'re geml~ to get down to two pages but b~tween the 23 and so I want to honor fiat 24 l~ammn8 process and tho development plat process, many 24 MS ~'ALC'XmO- ant I guess .. ye barn aflmd the 25 of theae d~,talls a~ gemg to be tahan care of 25 qu~lioo -- l~ally, there ~ ao prooex~'aI ~ ca ~th PLANNING AND ZONING COMMISSION SF. Frt/MBER 26, 2001 45, Pag~ 77 - Page 80 CondcnsoltTM Page 81 Page 83 1 going ahead and taking the break and still allowmg I session between now -- or a subcommittee meeting between 2 discussion on the motion I don't see any legal problem 2 now and next Wednesday, then just have a special call of 3 In that unless somebody really objects and then we could 3 the P&Z to vote on this and push it on, and then it could 4 table it to make it seem better 4 be on thc City Council's table, corn:ct? Okay $ COMMISSIONER RISHEL Commissioner Keith 5 Thc City Council wants to get this done Wc 6 COMMISSIONER KEITH I'm going to probably ~ 6 want to get it done I think w~ should, as members, look 7 one of the dumber questions, but I always learned long ago 7 at this as how we can streamline onrsel~s and move it 8 the dumbest question ts the one not asked l've listened 8 along But I think we need to really look at some of 9 tO the oil industry people Pve read the Texas Rmlroad 9 these issues that's been presented with us and that has 10 Comnusaton on the environmental I've looked rote some 10 been brought up among us Thank you 11 Fed regulations on the enviroumental 11 COMMISStONF~ RISHEL Thank you, Mr Keah 12 My question ts why do we need an insurance 12 Mr Roy 13 policy on them? They are required to take care of the 13 COMMISSIONER ROY Another approach, I think, 14 problems We have a fund on tbe State Thesemdustnes 14 would be to approve thc document we ha,,e m hand w~th the 15 that when they have a problem sod have an environmental 15 subcommit~e amendments Maybe this ~s a bad word, but we 16 spill or whatever term or phrase you want it, all but God 16 could r~lease it as, approve it as an interm~ document 17 falls on them So l look at the msurance w~th some 17 Tell Clty Counctl that we have llus document We've 18 question as to what extent, if any, It is needed 18 recently been g~ven some other issues to addr~s and we 19 Number two, I want to ask Mr Retchhart, 19 will address those and modify the ordinance ve~ soon 20 mentioning that you have some requests for drilling right 20 I agree that these issues, I think v,'~ can get 21 now and tbeytre wmtmg for us, correct? 21 through those Issues fau-ly qmckly Tharo s not major 22 MR REICHHART There is -- ! mean, they still 22 Issues And we can resolve the insurance ~ssue But we [23 have the possibility of going through our existing 23 could approve a document tonight that could go to C~ty 24 process If they're In the City lurers, they can do an 24 Council for their October 9th meeting But v~ Just tell 125 SUP If they're in the £TJ, they can still subrmt a 25 them that there are a few issues we're still working on Page 82 Page 84 I development plat I and we'll amend it very shortly 2 'Ihe only question would be if they'x~ m the 2 COMMISSIONER RISHEL certainly an approach 3 City and they can meet the~e req~ents, th~ wouldn't 3 Comrmss~oner Apple 4 have to go through the sup so I think they're ~'mg to 4 COMMISSIONER APPLE t agl~3 With ComllllSSlOner 5 find out, you know, if it sh'enmhnes theur process, 5 Keith's enrhar comments that I would like to forward a 6 they'd rather walt, but the~ still is a process in line 6 document that I felt comfortable with to the City Council 7 that they could follow 7 instead of just hurrying it up for some ttmehne when 8 COMMIaslONER KEITH okay Second, and part 8 ohwunsly, we would st~ll have tune prmr to their 9 of the discussion, we have to have postings and one tlang 9 workshop to have another workshop l0 or unother So tha question I would ask the al',oroey or 10 And one flung that renlly concerns me is this 11 Mr Reichhart, if wo delayed this, what kind of postings 11 body specifically asked for an outside attorney's advice 12 -- dates w0uld we be having to look at? 12 not related to our City, not related to the energy ! 3 MR REICHHART If you wonted additional work 13 consultants, but a completely non partisan set of legal 14 sessions, I behove we need a 72-hour posting on that If 14 adwce, and yet we're not oven going to wmt to listen to 1 $ this is goul~ to como back in two ~eks, we can u u 15 what they have to say And I personally cannot do that 16 doesn't have to come back as a pubhc hennng Today was 16 COMMISSIONER RISHEL Counselor Palumbo 17 the day wo would have had to get tha notice to the paper 17 MS PALUMBO R~ght Legally, you can move to 18 to have th0 pubhc hearing for two v,~eks, but I don't 18 send dos forward to the Counctl and then also mform 19 think we need to have a pubh¢ hranng 19 Council that there are some additional lssue~ that you're 20 We just need to do additional discussion and 20 going to be loolong at and forwarding at a later date, and 21 then make~a motion So, I mean, depending on when the 21 you can schedule a workshop in between to try to get that 22 Counmssl0ners decided they wan~xl a special called meelmg 22 in umo for the 9th or whatever 23 or additional subconmut~ee meeting we need a annunum of 23 COMMiSSIoNr~P, RISHEL Thank you~ Counselor 24 72 hours tO post that 24 Counmssion, we have been two hours and ten minutes or so 25 COMMIasIONItRK~Illt so~¢ouldha~awork 25 loolangatth~slssun Idon'ttlunkweng~xltoteble PLANNING ;AND ZONING COMMISSION SEPTEMBER 26, 2001 46 Page 81 - Page 84 CondgnseltTM Page 85 Page 87 1 this in any way I thugs there from the State w~th regulattons that would 2 If you'd hke to take a short break, I th~nk 2 come tn and make them -- agam, they're JUSt gomg to 3 w~ still have some thscusslon we'd hke to pursue .amd 3 enforce the fact that you have to clean flus up There's 4 how about if we take 15 nunu~es and then we will come 4 skil not anytlung spealong to here on the finanmal menns 5 back Is that okay? Okay Thank you, Core. uss:cHefs 5 of being able to do that clean up That all goes back to 6 (Brink taken) 6 u~'urance So no matter which way we sltce th~s, we are 7 COMMISSIONER RISHEL We will COnvene fl:e 7 not changing the fact of whether they're going to be 8 meeting of tho Planning & Zoning Conumssloocr and we are 8 responsthle or not We're going to make sure that they're 9 on I~rm No 7 on our Agenda, I hahev¢ And we sull 9 fmanmally reaponstble And that's through insurance 10 had some questions from Commissioners Let me make thc I0 COMMISSIONER RISHEL And somettmes tt's 11 statement, first of ail, that I want to -- I don't want to 11 c~icr for the tnsuranoc company to come forth as opposed 12 ctrcumvent anybody's ability to speak or whatever else 12 to us having to sue a company and wonder who might be 13 The procezs, I th~nk, works for us tan¢ and me agmn 13 re~-ponsthle 14 within this Canumsslon and w~tlun our City I want you to 14 MR WAGNER well, exactly And tf the -- tf 15 feel comfortable with the document that you send fot~ and 15 ii occurs and we have a situat:on, and I know several 16 the tlmaframo that you need to have to look at that 16 concerns have come up revolving our two lakes here tn our 17 enmfully 17 e.."ca, tf we have a spdl and we have an emergency response 18 And if we have lssue~, I want to mal~ sure 18 to that sptll and the company docs not have the financtal 19 that we have thom dlscusslxt as thoroughly as you e~xl to 19 nx~ans of cleaning that up, I can be pretty qmck to point 20 d~scuss them and feel comfortable with what you put forth 20 o.'t who would have that respenstbthty m the immediate 21 to City Council as a recommendation 21 sense, and that's gmng to be the Ctty of Denton and/or 22 I know that wv have several people that stdI 22 ccntractors that we would have to go out and get tn order 23 have some questions regurthng the issues that we ha~ e set 23 to do that clean up So, you know, flus ts just in making 24 forth and I tlank that Mr Wagner has volunteered to bnng 24 s~.'e that there was a financtul means of that clean up 25 forth some adthtlonal information on insurance Mr 25 COMMISSIONER RISHEL Tharlk you, ~ Wagner Page 86 Page 88 I Wagner, I nught have caught lure off guard tha~'e~ bath 1 D n t mn off Mr Ko,th may have a question or just a :2 regard to why insurance or hablhty and what that 2 q~'snon m general I don't know which 3 hablh~ and/ur msRraano n~essltat~ voth regard to 3 COMMISSIONER KEITH Yes, I do have a 4 this coverage 4 q;.~'stton Your analysis of auto insurance is inteR.ting 5 MR. W^Oh~R ¥~, sir Thank you Tho 5 Otc th~ng about it I do can~ auto insurance because I 6 qu~Uon that cane up was why do we need tho Insurance at 6 &mt have as deep a pockets as a gas and oil well company 7 all and when the part~clpents have so many obhgeuens 7 ok-cs So I have to msur~ myself for those habtht~es g and/or r~ulat~ous that would reqmre th~n to clean it up g ~t I know I can't cover It appears to me with than 9 in case of an accidental spill I flunk the best case 9 tt~ aL~ady carry insurance in a lot of areas Have you 10 scenario would b~ to -- or the best example would I~ just 10 lo. kcd into how often a bond or an insurance pohcy in 11 look at auto habthty And that Is if I'm la a vel~claI 11 T~xas has boon called upon for an off company or a gas 12 anctdent w~th you and it's my fault, then I'm respons~lo 12 company's mabtht~ to perform In a cleanup? Have you 13 forfixmsyourvehclo Okay WohaveaclERn Andwe 13 Iockedmtothat? 14 o~har pay for it out of pocket or I have insurance that 14 MR WAONF2. ~O, Se', I have not 15 pays for it Like ! said, with an auto claim, If I don t 15 COMMISSIONER kFATH okay Have you loehad 16 have insurance and we're lo an accident, then certainly 16 m~ see what typical bonds across the State have been 17 thor's a lot of legal ram~ficattous of that I may ha~e 17 r~-u~d by other mumopahtles, what level of coverage 18 my hceose revoked and I may have to start paying xou in 18 m 0ending or blanket coverage has been done? 19 repayments But, m tho meanttm¢, you may have to ge out 19 MR.WAnNER No, sir, Ihavonot 20 and fix your car yourself end thnn I eod up paymg .xen :20 COMMISSlONERKEn'H okay Thankyou 21 back eve' time 21 MR. RISHEL Thank you, Conurussmner Kcath 22 It's th~ same sceoarto he~ If we have a 22 C~"nmusstoners, any filrther que~tions of other staff or 23 person that - or have a company that has a spill, t]~ 23 ~ Wagner, who is also staff'? Cotmmssioner Holt 24 may ha vSaponsthlo for it, but they have to have the 24 COMMISSIONF. R HOLT YeS I would hko to ask 2~ financlal means of tha clean up Tharemayhalegal 25 ~-~ Rochharttog~veus ~s thoughts on the I~tchall PLANNING AND ZONING COMMISSION SEPTEMBER 26, 2001 47 Page 85 - Page 88 CondcnsoItTM Page 89 Page 91 I Ener~' proposals He said he had written some out and so I the F~re Code, thee it probably should not bc apprm'ci 2 I'd hka tO hcar what those say 2 We have alrcady changed language that allows thc F'~ 3 COMMISSIONF. R l~Ianl~t. Yes I think bc's reedy 3 Marshal to accept ncw technology that is m comphar,.e 4 for that 4 with the Fac Codc, and we can lcavc It as a is 5 ~ I~tCHn,~.RT 'the -- I mean, there are some 5 Wc'vc talkcd about thc floodplain areas and 6 that a~ strictly pohcy ~ssues The First ~ssuc, 6 those arc thc ten-year storm and drainage calculauon,. 7 dcvclopmeet by nght~ I tl~nk it's p~ctty clear that thc 7 Thc storage tank contemmee~, ~c mdus~ slandard ~ l 5 8 Cunumss]on wants lo leave that one as it Is We ge~ some 8 times thc capacity of thc largest tank Wc ',c also a ~d,ied 9 dcvclopmeets undes our belt m s~x months to a y~ar, maybe 9 a mm~murn of three foot Do w~ want to keep thc ~ l0 we vnll come back and r~vlsc that But it.lust appears 10 foot or just allow thc s~andard industry standard'~ E~...er 11 that that'S a non-issue beceess we've said that we want te 11 way, move this forward Wen casings, again, v,~'x c :alked 12 keep it as is 12 about the three fact ur the ten fact and it's a sunplc i3 Regardmg Issue No 2, they're womed about 13 pohcyissucthat up or down, thnlcor ten er any~ha-~, m 14 legal nonconforming usc If a s/~ucturc is built after 14 bctv~cn 15 they get thc d~vclopmeet plat approved and sunply adding 15 Wa'va balked about thc pollution habihD, [6 language that says at th~ time tho dovelopmeet plat is 16 I tlunk thc mteet is that wc do have pollution -- thc 17 approved, If thesc's no structures, thee that's a legal 17 habdity and the coverage whether it's a SCl.~arate 18 cunform/ng usc, period It doesn't melter what happens 18 or, as proposed by Commissioner Mulroy as long os ~ 19 after thc fact lf lt's at thc tmm the dnvclopmeet plat is 19 havcthecoveragethatwe'vcldeetlfied Imean that- 20 approved 20 I think we have consensus on that 21 The petroleum spcciahsts, we've talked about 21 And thee thc dnlhng commeecmg within or~ 22 Enwronmeet~l risk, we've talked about And, again, with 22 ),car Right now thc orthnancc says it should commczcc 23 the lndcmmfying thc City, that one has bcee discussed and 23 within one year Staff would recommend that .~, ou a",~w 24 really approved with the subcommittee rccommcadntions 24 to grant thc extension of an adchnonul ycar ~f our 25 And if-- you know, should appeals go to City Council, if 25 policies ideetlfied in the ordinance haven t changed, Page 90 P~e 92 I P&Z wants to make a recommendatxon that they do/go to I we now want new information or someth~v_o and tha~ ~ the 2 Council as opposed to the Adwsory Board, you can cio that 2 conditions surrounding the approval have~ t change _ 3 very sunply saying that, you know, P&Z makes a 3 there isn't any new structures or nothing ~ happens. 4 recomm~datwn that goes to Council It's not rcally a 4 around that site, nothing has changed gra~: a 5 large policy tssue regarding the techmcal -- 5 extension ~ COMMISSIONER RISH£L Does anyone on thc 6 I'll be happy to answer any quescons 7 Comnuss~on have any questtons of Mr Rewhhart rcgarchnt 7 co~sslo~.~ RISHEL comnussl0ners, an) 8 the pohoy issues, 1 through 6, ashe'sjust d~scussed 8 questions of Mr Reiclthartandthecowm~ts that h~zas 9 them? Okay So we're ~omg to go on, do the technical 9 regarding techmcal issues or pohcy issues voth ~arc. 10 tssuesalldwhat lle has looked at on thcsedlfferent 10 ItemNo 7 un our Ageeda? Ar~thcrcan) othercon~'us 11 things 11 that the Commssion has and somcthng th~: Mr Re~c..can 12 MR REICHHART The techmcal ~ssues, the 12 needs to address ur you'd hke to hear from other su~f- 13 lb'st one, there's language tn there that you can't do any 13 members? Comrmssioner Kelth 14 prooessmg And tt's been brought to our attentton, 14 COMMISSIONER KEITH MI' Relchh,~ you ~ 15 bestdestlusamm-umt, we s~nply add language to the 15 yourstatemeettluslsapohcylssueonNo I Staff 16 effect that w~th the exception of an anml-umt wluch 16 rccommeeds no chang~ And then you come down az 17 allows them to utthze that p~¢ca of equtpmant Theno 17 issues and say -- what is your idea of a pc',cy issue r:al 18 smolan~ sign, right now we have four-mch 'they're 18 quick? 19 proposing three-inch Yes or no, wluch way do we want to 19 M~. REICHHART identified as a pol~cy issue, 20 go? 20 it was -- staff v~ally didn't have a strong f~hng one 21 COMMISSIONER RISHEL R*S Our decision 21 way or th~ other and it's really up to llus Counmssica 22 MR. R.EICHHART R'$ your decision and It's 22 whether to change the ordinance to address these 23 notalargetssue No 3, we've already addressed 23 SpeclficallyNo 3, thepetroleemspeelahs~.dowe'~c~ 24 electrlc hnes 'l'he ftlture technology lS$11e, No 4, staff 24 to put a cap on It or not? I mean, that is a pohcy lssu: 25 beheves that tf the technology ts not m accurdance vath 25 that flus body so far has saul we don't watt to cap PLANNING AND ZONING CObtbllSSION SEPTEMBER 26, 2001 48 Page 89 - Page 92 CondenseltTM Page 93 Page 95 I the qt~'tion is do you want to address putting a cap on or I one more time? 2 not9 2 COMMISSIONER PdSHEL I doubt tt I aught ask 3 CO\LMIS~IONER KEITH Okay 3 them to say the motion one mor~ urac Commasslon~r 4 CO\LMISSIONER mSHEL And legal has commented 4 Mulroy 5 to the f'.gt that the ~nttty that would bring that forth, 5 COMMISSIONER M~LgOY okay My ongqnal 6 we wotld re.form tbom what their liability would bo on that 6 motion was to adopt or forward th~ ordinance, a 7 and I ri,nb that she made that perfectly clear Mr 7 compdanon of tbe draft as presen~t vath tha 8 Kelth 8 subcommitlen report acc,zp~d and integrated into that 9 CO\LMISSIONEK KEITH I have some other 9 draft with the ~- v~ added three words In accordance with I0 questloas buI I'll hold for a minute Thank you 10 the Fire Code at tho end of one sentence Slaff has 11 EO\LMISSIONER RIgHEL We have no one else who 11 captured that And also that we would allow access 12 would 1.kc to speak so you have the floor 12 through the floodplain with the details to b~ controlled 13 ¢O\LMIS.gIONERKEITH IJuststllltlunkwe 13 lnth~developmentplattmgprocess And that we would 14 n~d an~tbor meeting on the matter to resolve the policy 14 drop tho rexlmrement for a s~arate pohcy labeled 15 issues, ~ut at all together and send it on up Either I 15 environmental, not drop environmental coverage but just 16 recomm~d doing it through a subcommltte~ That way tt 16 the dehneanon of a s~arate pohcy 17 can be ~one a little quicker I think, a suboomrmttee of no 17 And also our ordinance would be subject to the 18 less th~ three members and vath the attorney and the 18 legal review that will be undcaakan he~ shortly And 19 Idle A.ad that's my suggestten 19 then we have a friendly amendment by Mr Roy and I Il let 20 COXLMIS$IONER RISHEL And then it would come 20 him Sls:ak 21 back becore th~s Board m a regular session for further 21 COMMISSIONER ROY That amendment is that the 22 approx ,.[~ 22 P&Z, even though we'r~ lssmog this orthnance m its 23 CO\L-MISSIONER KEITH Yes Yes, sir 23 p~sent form, the recommendation, that we have additional 24 CO~,LMISSIONER RISHEL I understand 24 work to do based on some lag input from the industry and 25 Comrm~toner Roy 25 rather than hold up the issuancu of this recommended Page 94 Page 96 I :OM3,~I.~SIO'4F.R ROY NOW that I've senn ~ ! ordinance, that we want to work on that and I suggest that 2 staff's ~,mm,~n~s on tbe ~ received tonight from 2 we put it on the next Agenda perhaps a work session on 3 iVatcheI1. ][ th,~k ,,~g aged to discuss those issues ra some 3 the next me,ting 4 forum, ealgr subcc~mmtten or a workshop or something 4 COMMISSIONER RiSHEL I think my raotlon 5 $o that sor~ of lends me bank to ray orlgqnal 5 confhcts I think we ha~e a motion to put it forth to 6 suggesu n and about aec~tmg tbe motion that's on the 6 City Council and then I ha~e a motion to delay it So I 7 floor an:. perhaps amending it by saying soraethmg along 7 don't have congruity on this Or maybe I'm 8 th~ hoes :hat he:r~ ~s the ordinance that w~ have adopted 8 misund~rstanding soraethmg 9 orw~wrkedon, are v~'y clos~ to the end Plensetake 9 COMMI~[ONERROY No, I'm not suggesang to l0 ttUS Oee md bog:n )our discussions ca Octoher 9th And 10 delay It 11 w* still bise a httle work to do based ca son~ lag Input 11 COMMtSSIONF~. APPLE That was my ddomma 12 from th~ mdll:gW~ alld we're golag to work on ~hat at o11~ 12 COMMISSIONER RISH£L I understand what your 13 meeting ~ Oc'.,obea' And I'm kanmg towards r~qecsttog 13 dlIemma was 14 the rt~ ~,~ !,,~,'r~r or the proposer to accept that as a 14 COMMISSIONER ROY I did not intend to -- 15 fnendl} lIl:~t'~'arlment 15 COMMIssIONER RISHEL SO yOU want to do tls 16 :O~,IMISSlO\'~, MIJLP. OY SO toe.ted 16 committen -- you want to put the motion on the floor and 17 L*O%I~,IIS~IO~.R POWELL. 111 secund the fnendly 17 then you want to stlll put it rote cornmitte~ and then move 18 amen,t,,w~ t. 18 It from the conumt~en onto City Council with thn 19 COX~,~SSiO',~-.R mS,~£t, okay We have a moron 19 subcommitlen's ~commendauca before it comes back to this 20 on llg fl:or that was ongmatly put forth by Coma~ssmn~r 20 body'~ I'm not qmte sure I understand you 21 Mulroy ,md a ~cond by Commissioner Pow~ll, and a seconded 21 COMM~SSlONEa POW~LL ! don t think that's 22 that was - a f:r'.endly motion that was made and also 22 what ho raennt And, Mr Roy, If I might try to help us 23 recomm~ded by sam~ pomes, and we're in a discussion 23 COMMI~IONER ROY Please ~4 process Cs,,~,,~,sston~r Apple 24 COMMISSIONER POWELL I beh~e Mr Roy's ~5 ~:o~,tMISSlO'¢~, APPI. ll. could you say the motiou 25 amendment is this, that he wants to go along with the PLANNING AIqD ZONINO CO~SSION SEPTEMBER 26, 2001 z,9 Page 93 - Page 96 CondcnscltTM Page 97 Page 99 I mot~on and that he wants to tell Ci~y Council, in addiUon I you know whom we am w~th timo :2 to the mot~on, ha wants to tell City Council that wc 2 COIvIMtSStO,,'ER ,~PLF. ~ ell, th~ mc~on though 3 recogmm w* have a hale additional work to do and that 3 is to recommend Taat's what ~ have to ~ in nund 4 wc vail forward that work as soon as possible Now, Mr 4 COMUlSStO, am mSHEL okay Cotmsclor 5 Roy, I put words in your mouth, but is that what you 5 Palumbo 6 lu~aat? ~ MS PALL~ffiO ~ macon is to na:a~mend and ? COMMISSIONF. R ROY Thank you vo"y much Yes, 7 thc State law just requm~ you to send for~'a'd a report 8 that's what I mennt 8 to the City Counc,1 The char~ dc~s nxtmre you to make 9 COMMt~IONER RISHEL I'm still not quite 9 a recommendation of approval cr disapproxal So zf you re 10 sum Mi' Reichhart, can you handla that? 10 satisfied with thc basic ordmanc~ that v, as m )our packet 11 MR REICHHART Aswedidwlthsomcoftha 11 along with those additional ame~'dmenls tbemotion~s to 12 Development Code comments, we put forward a recommendation 12 recommend that to So fca-~-ard ~th ~ am~dment that 13 with tho caveat that additional comments may bo forwarded 13 additional cornmeal, ar~ going to be fca'war&d based on thc 14 In thc futur~ And I think basically that's what wc'r~ 14 September 2nd lera:r from Ivhtc",qI E~ 15 doing is saying here's our recommendation today We've 15 COMMISSIO~,~ILR ItlSHEL. ~nd d' you ~-a~c 16 sot new questions or comments wer~ raised that wc'm going 16 eddmunal discussion that ~ au d h2kc to brm$ forward as 17 to add.~s and forward at our next masting 17 I say, thc good no~ of 'ao, x:re ~e are Uxta) .s that It's 18 COMMISSIOICgR POWELL That's tho fnoodly 18 ooly 8 50 and Ws not 11.50 lit,' wc ye had at some other 19 amendment that I sccunded, s~r That was it 19 sessions, and so I dunk that ~ s sffll plcacv of I~mc 20 COMMISSIONF. R ROY I agren 20 for discussion If }co hoax: samsung 5 au n~:d clarified 21 COMMISSIONERRISHEL. commissioner Apple 21 either from staffur from{:aer~,. ~ fa:ma v, bar~cr area 22 COMMISSION'F,R APPLE Jest to clarify, b~cau.~ 22 that might help us v,~th that C.z'mm~$:'~lOOer Kelth 23 In my rec011ect~on when we have done that, w~ haven't 23 COMMISSI~','F.R Per, ELL '~CU.~ m~. Mr Chalnnaa 24 necessanly recommended, we have just forwarded it and 24 I know I'm being a lechno here cut xve had ,-n amendment on 25 then sent along additional -- I can't recall actually 25 the floor and it was scoooded ~,e ncn~cl to xor~ on the Page 98 Page 100 I making a recommendation I amendment before a~ can So 2 COMMISSIONER RISHEL That's the trouble I'm 2 COMMISSIO\'F.R R.ISHEL Thanle yOlL CoulllllSSlOn~ 3 having, too I think we need to either put forth 3 Powell We'r~ sUll m dsscuss~m Comm~,loner Keith 4 sometlung that thoy can look at clearly and then our 4 COM',USSXO,,'~a ~ , ~nk we sh2uld go 5 questions would go with that that we still have questions 5 ahead and vote on tins am~rre~t Gel tha~ oR! of tho wa; 6 regarding insurance, we still have questions regurthng 6 and then go back m~o th!.cussie: as to what we're gems to 7 whatever It aught be If you would hke to work on it 7 do next 8 further, I'd lflt. e to -- you know, you aught want to just 8 Let's clar~ what's ge=g on 9 defer it to comnuttee thon and not pass the other end 9 COMMISSiO%'ER RISHEL. 10 But I'm open for whatever your thought process is here 10 Wspassedun Weredo~w~t~'thatchscusmn There's 11 COMMISSIONER ROY I tlunk it could be a 11 no other oracle, there's no other nam on our ,~eenda 12 matter of semantics And smce I'm new on the Counctl, 12 COMMISS~OS'ER~rm Okay No~y0uclanfied 13 Pm not fanuhar voth the &fferences that you've 13 --okay I just warn to - one th -g I ~as looang at here 14 outlined I tlunk what we have ls a document that 14 tootoMr ReichhamI~erw'~)ouonN~- 4 Ithink 15 represents a lot of work that we've done and we're very 15 that's a pohcy Issu~ 16 close, I Iseheve, to a final document And we have 16 COM'~[SS~O~'Ea mS~L rlms ~ the ~ to 17 something that's worthwhile of thc City Councd's 17 discuss it You Ix.',. 18 consideration as it is and I think that any changes that 18 COM'~ISStO',T~m cv, a~ That ~ No 4, that 19 we're going to make to this final document, even based on 19 is a policy issue right there Th: msarance, .r brought 20 the Mitchell report here, will be not substantive So I 20 that up, that is -- th~m's a lot of quesuoas ~ and a 21 don't know really what the right word is, recommend or 21 lot of problems that s bean ptes,.~ted 22 forwardforthetrcon$1deratlon I'mnotfanuharwtth 22 COMMISSIONW~RRiSHEL and what a~ have m our 2:t the right term and I'll leave it up to legal or Mr :23 hablhty states, what $5 24 R. etchha.,'t to help me vath the wording 24 MS PALU~BO' SIO m,tl%'~ 25 COMMISSIONER RISHEL commissioner Apple, do 25 co~tssto,,'~a i~:.u~l. ~e m looking, at $10 PLANNING AND ZONING COMMISSION SEPTEMBER 26, 2001 Page 97 - Page 10C 50 CondonsoltTM , Page 101 Page 103 I So, hl~ I say, that needs to be dtscussed tn a work I thc City Council That's my posmon at ~ t, rm~ 2 sesston and th~n passed on I just want to -- I'll Just 2 coM,~xss~o,~'~ msa~-- okay T:mak you, 3 fimsh my remark with tins, that as I was loohng at 3 Kelth C. ommlsslon~r Holt 4 another ordinance that our attorney gave us, I could see 4 COMMLS.S~OI','F.R HOLT Y~; I W'~'t~'~ a 5 how it was drafted 5 clanfication on v, hatlvh' Mulmysmd ~ousmidsom~vharc 6 I read the Texas Railroad Cornrmssion I could 6 m there about an attorney looking at H ~l,Taat ~,'as - 7 see where a lot of -- you had the law makers, you had 7 could you clanfy that and at vs~at pomt~ 8 bureaucrats, you had people m the oll mdustry, youhada 8 cosl,,assto,,,'ERss~.sov ffIma- Mr~Cha=ann 9 lot of people corinne together to draft all thos~ documents 9 co~,~iss~o'~'~ ms.~l_ Pl~asc 10 mcludmg tlus one here, and that's what we're working on I0 coM-~ss~oxER sa-vtaov ,,~s Hex. n was th: 11 here And I'd Just hke to get It all, before we send it 11 fourlh item that I mantioncd ar.d it was fi:me ~:~ read 12 to the City Council, let ~t be a clean thorough package 12 subject to tl~ ongoing legal r~'gw whlct: I'm ~asmg ',he 13 Then if they bounce it back to us in any way, we can deal 13 word ongoing outs~d~ legal r~'s~sv I'm 14 with those Or if they want to keep it and work on the 14 v~'ve aL,~ady contracted included m thc.:acka~ to an 15 issues up at theLr level, then it's all there They don't15 outsld~ legal fh'm to review th~ ordmanc~ and w~ - I 16 have to wait for anything from us 16 presume we wdl ~,~t comments back and .opg~ 1o ~ City 17 COMMIS$1ON£R RISH£L What lssuea do you want 17 Council or vice ~ersa that sub.,~:t to the~ "~'~e'w for a 18 to work on? 18 final say of tl~n8_ s 19 COMMISSIONtgR KEITH well, one, the 19 COMVFFSS~O..'~g HOLT v, ould tho com~ back to us 20 envu'onmental msurance, the ~ndemntty Those are two bl 20 or come back to thc City Cour~tl'~ 21 OHeS with me 21 coMMISSIONER MULROY I woad. llo~ ~lat 22 COMMIg$1ONI~R RISItEL It sounds to me hk¢ 22 original would com~ to us sm~ '~e anua~xt t~ nxtt~'st, 23 eventually it's going to go back to risk managgmeat and 23 yourself being thc l~tson Can ~ lock fa'ward to t':at, 24 risk rnanagcm~nt ts going to make a recommendat, on as 24 Dome? 25 how that rmght be handled most appropriately If we still25 ~s e^tc,ae~ I would g~se you ~ c~,~,~.s Page 102 Page 104 I have a qu~Uen of risk management, I'd hk~ to addr~s I and they probably would be ready b> your nex~ me~tmg 2 ~ wl~le you havo an opportunity to discuss It velth 2 COMMISSIONER MULROY 3 ~vg~'yone 3 COMMISSIONER UaSI-:~L Ma)% it would help 4 co~simslo~/ER ~rra well, n's.tost like I 4 we -- I don't want anyone to think tkat otar ocu_,_,_,_,_,_,_,_,_,~l has $ did ask hm~ a f~w qu~saens h~re as to l~s research and 5 b~en rermss m trying to get us furth~ coumsel, l:ut the 6 l~s research m those areas, h~ was unaware of And so I 6 process started with the last meeung tzat we bad, and 7 tlunk that's some~ng 1~ n~xls to go back and do some 7 shortly after that last meetly_, a Corrzassioner came forth 8 homo~ork on and tlgn com~ back to us and sg what's going8 and suggested that legal cou.n.~l be m--q. mr~l A~d staff 9 on out there I think tlg~'s l~ople -- 9 had really already been m tMt process, although we 10 COMMIaslONF. g RISHEL. He could also go back to 10 appreciated that comment Ti~ proce~ off conU-act,ng with 11 City Counod w~th that if you w~r~ comfortable vath that 11 outside staff is not revolved or bura~on:~ but tt takes a 12 COMMtSStO~KgrrH well, andth~nth~'~'s-- 12 httlc blt of tune Somewhexbetwce=,thare'sa 13 you know, ~v~ contact a few p~oplo in the mdast~, 13 selocUon process of who ~e may or ray not have at our 14 insurance indas~ry and say, okay, what has b~n going on 14 disposal and then there's a contracting wi~ them and so I 15 m T~xas as far as you guys have b~'n dmng en lgre You 15 don't fault counsel or our staff, either one, for not 16 can talk to'tho underwriters tlgmselves 16 having been able to bnng that forth to us It's 17 COMMtse~ONm~ mSH"L ~ got llg fghng that 17 process that's mvolvad here 18 ~ would do that and I guess the qu~stmn is, do you want 18 And I think where we are ng2x no~ is 19 to move forward on ~s and eddress rig moUen that wa 19 getting that consultation with regard ~ th~ doc~aent and 20 have and how w should do that because wa sull have some 20 tt will be with us I'm sen3 we don't already Lave it 21 dascussmns What irons do we have that are still 21 And I think in the process of mowng thuse~ th,n~ along, 22 igrtm~t to g~tting us th~ hast document wa possibly can?22 we'r~ just trying to find a x ehicle for doing tha~. But 23 coMsl~sstot, ma g~XH well, I'm just sull in 2:t whatever you're most comfortable va:h. Comr~v~.sloner 24 tl~ posmon that we should just have aaotlm' work session14 Mulroy 25 ath~r as a whale or a subconmu~ and tlgn mev~ ~t to 25 COMMISSIONER M1.'LROY BU~ Ms. Hol~, my intent PLANNING AND ZONING COMMISSION SEPTEMBER 26, 2001 51 Pege I01 - Page 104 CondonacItTM Page 105 Page 107 I is that our recommendat~un would be pre~ctea by that I Poweil Any further que~uns, Conmussioners? Seeing no 2 review We'd have an opportom~) to m~-t that back 2 questions please vo~ ~ COMMISglONF. R RISHEL Commissaon~ Roy 3 COMMIS~[ON'ER IN~iVELL. ', Ote On what? 4 COMMI~;IONI~ ROY' I thll~ [.hat I;~115 ~ jlist 4 COMMISSIONER m:s~Et. X~ moUon and tho 5 aunth~r example of som¢llang that ~ nend to ~dr~s a~ 5 friendly amendment that have tx~a put forth 6 aunther m~tmg And I don't tl~ak ~'s ume hotw~n 6 coMr*llSSio,',ER Pow~u. can we vote on thom all 7 now and Octob~' tho 9tl~ tho Cay Council i~e'au a, to 7 at one tm~? 9 b~n raised by some of ~1~ Conmuss~onens ~ ~ r~cove, 9 COMM~SSIO,','~a Po, w~Lc. xhank you 12 be able to forward anytl~ng to the Coy Counci' other than 12 oPl'osixloh') 13 thedocumcntsthatv,~has~mourhondsno~n That's.lust 13 COMM[SSIO'~'F-Rgr~aI':~:L c~mm~ss~oncrs, thatwas 14 a comment 14 l~em 7 on our Agenda and ] II go '::ack to my Agenda and 15 COMMISSIONER mS~L old.', I app~.mte it 15 see what else we had. An)- futun: agenda itc'ms that any 16 Any furl~rdiscussion? If there's en furr.~'~.scusslon, 16 Comlmssiooerswouldhkctobnr-g.. forth? Mi' Reichhart 17 Mr Mulroy, would you testat~ your mot~on iu:d the 17 M,~m~cHlina'r Uusthas~aquestiunusto 18 amendment? Please 18 what the o~xt step is for tl~ gas crdlnance A~ you 19 COMMISSIONER ~rULROY I l:lo~e thai ~ adopt or 19 going to go into a subcomr~nl~n ~ you going to have a 20 t~commend adoption to th~ City Camctl the gas ordinance 20 special called meeting`) A~ you .~mg to do a work 21 as wntten With tho inclusion and mi~uon of ~ 21 session at the next m~--nmg'* I rn~n~ that was still sort 22 subconumtto~ report and wording c.h~ng~ as al~.ropnate, and 22 of -- 23 with tho fiirth~ cund~tmus that we mclud~ po- .--ix~ Code 23 COMMISSIONER S~r;~r~. n ,ounded to mo lie 24 after the sentence on th~ ha~ght of tho wal~ a~ the 24 the discussion was ~ d ~ hke ~ learn what the legal 25 condition that we allow access throl:gh tl~ floc,.Iplam with 25 recommendations ~ and I don t ~ow when Maybe Page 106 Page 108 I th~ de,ailed control to be accomphshod througl: 'd~ I~ae in 1 Counselor Palumbo cad g~,~ us ar. ~dea of what sort of Ume 2 tho gas dovalopment plat process 2 frame they're in and ,ahetl~r v~ ~ even within that 3 Another condition is that '~-. drop tho ~clflc 3 sis PAt,UMlaO- Pag~ Wi:a; I plan to do is 6 separam pohcy itself A~d my nec coochuon is that 6 contracted vath HopefullI,. they Ii l~ave something to thc 7 this would be sub, loci to 11~ ongoing outsi~ 1 _e!al ~vlew 7 Council by the 9th If ~:y do, I I! provide a copy to 8 end our comments die'cos f~'c So that's m) mccun 8 P&Z so that you-all can a~and tho ;:~otmg on tho 9th if 9 COMMISSIONER IUSH~ ,nad ~t was so: oded by 9 you want to attend the m~'~ng on l0 Commlssiunor Powell 10 your pack~ for your n~xt 13 motion that's st~ll out ~ ur not? 13 go to the City Council will b~ who. we have r~commended 14 COMMISSIONER ROY A fnen~Iy amenr~-~n~ yes 14 approval of tonight, pha th~ outs~ comments that we 16 restat~ that amendment? 16 MS PALUMBO- Tho ~..Olnrn~'t.~ by th~ attorney? 18 be informed that we have additional ~urk ~o be dan~ on 18 MS P^LUMISO- wet!. the a~.',rney is primarily 19 this ordinance based on late r~quests for couslda'at~on by 19 going to be commenting on o~1 and ~s bid documents for 20 industry and that we will mI~ these addita.-~nal r~'~',ments 20 the au'port and be's going to be r~-tvang the gas well 21 up at our n~xt m~tmg on Ithmk, Octobo'thollth, end 21 ordinance that you-all hov¢ ~L-velc',~d so fur AndlvaIl 22 w~'ll mform th~n If ther~ s ney further ckan~s ~t v,'~ 22 be g~vmg hah also dx: curn,-',"nta fi'~n Mitchell Energy and 23 propose fei ll~ orchunnce. 23 ha vail, pro'aded that ho has sufficamt t~me to do this 24 COt, tMtsstONER mS,EL ok.a) A~y qmsuous on 24 before th~ 9th, make, you lcaow, ~ general comments on 25 thamotion? Anda's b~-n accepted by Mx Mg.~yandMr 25 allofit PLANNING AND ZONING COMMISSION' SBPTEMBER 26, 2001 Page 105 - Page 108 52 CondenseltTM Page 109 Page 11 I COMMIS~IONF. R ROY why don't we receive all of I ~ ~ ~t a ~t of effort on ~s and I v~ much would 2 ~t m a work s~sson In o~ ~g of ~ ~ 10~ 2 ~ m ~ve ~ ~nclud~ 3 m~ ~n ~ us - ~'vo b~n ~ m~ ~s I ~ 3 ~go~ mSHEL AS a subco~, ~s 4 ~ ~ m, a ~ ~t~on W ~ ~oso and 4 ~ a ~ ~ we could ~t t~ so~t~e bc~n 5 ~d~smnd ~e s~ficance of ~o~ co~ ~n j~t 5 now a~ ~f~ ~ 9~, ~s ~at w~t ~'m sa~ng? 6 ~oppmgl~on~C~cdwl~outo~ ~y 6 ~H~T wedon'thavo~ab~h~ 7 not on ~ 10~ at o~ ~r m~ng, p~haps in a work 7 p~t ~ ~ ~xr a m~mg ~s w~ ~ ~ Mu~oy ~s 8 smsson, ad~s ~ opm tssu~ ~t ~ a~ ~m~t 8 o~ of ~ ~ ~k, ~ could do H Monday or Tumday of 9 ~ ad~s, plus ~ ~ co~ from ~ ou~de 9 ~ foH~ng ~k which would m~n ~at you would ~t ~c 10 counsel and ad~s ~, and ~ d~ldo what l0 ~o~ co~ at ~ P~ m~tmg on ~ 10~ I l m~fications ~ ~t ~ ~ve ~ ~ C~ Council I l ~1o~ ROY Monday, ~e 8~, or 12 ~MM~IO~ mSH~t X~ Re~c~ wo~d ~ 12 Tu~da) ~ ~ would work for me d~ng ~ day 13 to m~o a ~da~on 13 ~Io~ RISHEL And, of co~e, any 14 ~ ~CH~T We set ~ ~mt~ve ~ 14 o~ C~aon~s ~at would l~e ~ be a p~ of ~t 15 for~el0~Wday~d,~fI~a~ ~fo~or 15 ~c~lys~come I'whadachanccto~apa~of 16 five zoning pubhc ~n~s on o~ n~t -- ~H, ~'s 16 ~ ~1 ~ ~ 17 -- a couplo of ~ ~ ann~a~o~ w~ch am fa~ly 17 ~x~Io~ ~ROY ~t me sp~ w~ La~ 18 s~p~, ~u ~ow, ~c~al zomn~ ~y f~ Is ~t ~ 18 ~o~ and conF~ back ~ ~ and ah~ o~ times, 19 wo~d not ~ ~ a work ~slon at o~ n~t m~nff We 19 but pw~bly Monday morning or Monday ~d a~n~n when 20 can definl~ly put ~t on ~ ~n~ but ~'s a 20 ~ ~t ~ck ~ work ~ou~ ~t 21 possib~hw ~at ~t ~ ~ h~ m ~ ~ and ~ 21 ~x~o~ mSHEL Co~ssmn~ Kesth 22 wdt not ~ ablo ~ ~ ~ ~t 22 ~Io~ ~TH I Just want ~ say I want 23 Co~loN~ mSH~L xlay~ a s~a~ 23 to ~ p~ of ~ ~ 24 co~ ~tmg ~ould be appropna~ ~en ~ss~on~ 24 ~ONER ~SHEL we'd ~ to have you as 25 Holt 25 a p~ of ~aL ~d ~e subco~ ~ll set ~ tsme P~e ll0~ Page 112 I ~MMI~[ON~ HOLT I ~le a S~On ~t ] I and ~f ~u c~ ~kc yo~scff avazlable, ~'H notzfy you 2 abouts~&~co~from~tc~Hand~co~ ] 2 ~Mt~t~ aswcwo~dallCo~zssmn~s And~t 3 ~at ~ Rolc~ ~d back ~ a subco~, ~ M~o) 3 ~s ~ o~ ~g ~f anyone clsc would hkc to join us 4 and ~ Roy, ~f ~ wo~d do ~ and have ~os~ come back 4 ~s~on~ Mukoy 5 to ~ ~ w~n ~ ~ ~e ~ngs from ~ a~m~, ~ 5 ~o~ ~sov ~ Dome, go back to 6 will have a p~ g~ s6 to go b) I m~n, ~'~ have 6 ~s ou~ 1~ ~zew, do you ~ you'~ ~ve ~at 7 ~e~ ~o~n~hon whch ~ xx~t p~ ~ ~ ~t 7 back m ~ f~ ~ls m~tmg, o~ ~ng, o~ 8 ~ s~ ~s ~% and ~ ~t wo~d ~y 8 subco~ =~ang ~t Money or Tucs~y7 9 fac~hm~ 0~ n~t m~n8 9 Ms ~ao Y~ 10 ~I~ION~SHEL ~Ss~0n~Mukoy, I 10 ~M~IO~ROY okay B~auseI~lly 11 know~soutofp~k~I~,n~l~k 11 ~t to ~nor Se P~ and Ms Holt Itwas~ar 12 ~I~Io~ ~oy ~t I'H ~ out of / 12 lmua~ve ~d ~u~t ~at ~at ~ ~ und~en and 13 ~ { 13 I xxould ~a)~ p~e ~at ~e ~on would ~ ad~s~ 14 ~MMI~ION~ mS.EL ~d SO I'm ~mg ~ 14 to P~ ~d ~ wo~d pass a onto ~cil 15 work w~ ~ ~e sc~ul~ ~at ~'~ l~n8 at h~ ~ ,15 ~ P~ao I ~s I probably o~t ~ make 16 I don't ~ow -- 16 ~ cl~ ~ P~, ~e way ~at we have ~ ouslde l~al 17 ~MMI~IO~HOLT ~e~I~n,~tco~d~ [I7 f~set~ ~t's~ya--~ea~om~s~at~ 18 sera.ne e~ 18 con.ct ~ pm~ade op~mons lo ~e Co.cfi, you know, ~e 19 ~l~ox~ msHE~ ~, ~t would ~ my 19 p~ose - m o~ words, ~e ~on ~s going to be 20 ~o~t,~ ~y~havos~evolun~two~d 20 ~w~Co~ctlw~acopy~P~ Soldon't 21 h~to~p~of~t ~ Roy,~you~avadable 21 ~tyouw~p~slon~a~you~ow,~t~e 22 for so~ng ff we co~ ~ a subco~? ,22 a~ ~ ~ going ~ ~ yo~ a~m~ or someone 23 ~I~ION~ RoY I wo~d ~ avaihb~ ' 23 ~ ~L ~l ~ ~aHy how ti wor~ is ~ advise 24 pwbably but I wo~d ~ much ~o~d ~t ~ M~y t 24 ~ ~fl I ~n't ~ P~ has ~ as~ for an 25 ~ mclu~ h ~s, ~t ~ adj~t o~ ~ ~b~ ~a~ ' 25 ou~d~ ~ so ~s Is hnd of n~ ~d PLA~ A~ ZO~O CO~SSION SE~ER 26, 2001 53 Page 109 - Page 11 Page I13 Page 115 I COMMtssIONI~R MUI~OY well, th~s P&Z d~d. I spesit~cally 2 COMMISSIONER PUSHII~. ~r PowelL ca~ you ~.Ip 2 MR. ~OWIlCt Well, I ~hmk that Dotoc has 3 us hero? I th~nk wc have a ques~on - 3 mentioned - okay Again, Dotoc has said in thc past 4 MR. ['OWIILL. sur~ 4 that that attorney is going to bc aakcd to look at thc 5 COMMISSIONER RISHIIL. ! thqlk t~ qpe~-~oq 5 ordinance, thc proposed rc~lations that you just wcrc 6 becomes w~ have requested that we get Icipfl mformal~n /~ discussing tomght Thcy'rc going to have a copy of that ? and mforalation for Planning & Zoning And ~ g ~m,.ns 7 and we're going to ask than to look at that 8 out, it sounds hko staff had ahacdy contsc~l vuh 8 COMMISSIONER R[SHEL And SO the quc~Oon 9 regard to Some Issues conccrmng City Council ~nd p~,ol.,~r~ 9 becomes now will we have that back tuncly enough for our l0 that's cilrr~ntly helng potentially Icas~xt in shot 10 subconmuttec and any Cormmssloners to take a look at that Il du~ctionthatthey'rcgomgvnththatlessc Andwc'r~ II MR.I'OWELL R/ght AndI~h~nkthattherc 12 just trying to make sm~ that wc have enough u~ut tn'a~ly 12 was another question Is can we add to say, not ooly look 13 to Planning & Zoning and thc subconum~c ~ wc ~ant w 13 at thc orchnancc but now we've got some other issues, some 14 crente that we can get information and it's still/ermam~ 14 concans by thc mdus~y, can those bo added? 15 to, not only the contract that we're about to let, t:ut I $ COMMISSIONER R/SHIlL commissioner Mulroy 16 also thc zoning issues and tho planning issues ~at v~ 16 COMMISSIONER MULROY My question IS more 17 have with regard to this ordmanc¢ 117 umvcrsal What mcchamsm can we put in place for thc 18 MR. ~OWELL ! m sorry Thc quc~uon ~? 118 Planning & Zomng Conumssion when wc want to employ, for 19 COMMISS~ONIIR IUS~IEL. ! could tell you ~ on 1 19 to satisfy our own questions, outside legal counsel, what 20 your computer 20 mechanism is them or do we need to adopt to put into 21 MR. I~OWELL Well, what I ov~hcard the 21 place? 22 qucstlon was not just your curt'eot sts~ment, bm thc 22 Because I was lcd to bchc~ c the flavor of our 23 question Was can you sec thc report from thc a~rn~s and !23 &scussion in aslang for this was we wanted a separate 24 will it be in e tunely manner? 124 Ms Holt suggested that we have a separate legal review 25 COMM~SS/ONER IltS:~. ho, thc quesse; ~s ar~ 12~ that they re'port to us Or am I off base hare, Ms Holt? Page I14 1 Page 116 1 the thmgs that we have addressed and asked as z Plammng ~ 1 COMMISSIONER R/$HEL commlssrener Holt 2 &Zomn~Comrmssion, cantheyhacoatracted~rmc~udeda J :2 COM~[SStOt, W~HOC? waitanunuto Wmta _ ~ 3 uunute I feel hke we're diggmg ourselves into a 3 the contract that the outsld~ legal counsel Is gotrat to ~ 4 presunUng to us And If we need to expand ~hat contract. 4 ridiculous holn here I can't even behove th~s Okay 5 we'd bko to have a m~chamsm for doing that, I -h,nk_ ~o 5 Basically, what I wan~'xi and what I talked to tho 6 makn sum that we have questions as it po'tams ~ ~ 6 Conurussloners about was I &d not f~l comfortable having 7 included in that scope 7 - we've had Comuussioners wnung ttus, we've had 8 MR. POWIILL No, I thd not ~ that qu~suou- ~ 8 lawyers, we've had energy people, ,.m~ have had citizens 9 Well, tho outside legal counsel is hamg worked cn by ~ac 9 We've had ~verybody wntmg on ttus I thd not fccl that 10 City Attorney's officn It's not our cote'act 10 we could send out son. flung that was -- I mcan, I flunk 11 Obviously, and Dottle mentioned it at th~ cud ~ last 11 it's great to have all of this input, but sometime wn've 12 mentmg, W~ spok~ -- I spoke ,,,nth both Dotoo ard Ed 12 got to come and say ~h~s is tho document, this vnll work, 13 Snyder about tha abdity to do that W~donoth,v~ll~ 13 lluslslegal Andwev~ren'tgettmgther~,franldy, 14 ablhty to do that as the Planning & Zomng I~t~!e,~ 14 last we~k, two w~ks ago 15 It really IS a legal lasue that would hamx: to go flxougk 1~ So I made tha sugscstion that we have an 16 ~ City Attorney's office 16 outsid~ lawyer look at tlus I don't cam if it's from 17 So tho abihty to do that is ~lly one th~ 17 thc Planning & Zoning I don't cur~ If it's from the City 18 we have to work with than on So I thnk that t~u~sUon 18 Council J'ust somebody that says D~nton is protected, its 19 sally should ~ addr~s~d to tha I.~al Depa.,'~',~t. What 19 cmzcas and the City, period Now, whatever anybody 20 I h~u'd is would it bo made available to thc P&Z I ~,~'--, 20 wants to make out of that, go alx~d, but that was my 21 obviously -- t21 stent So I don't know how Ilas has gotmun all crazy all 22 (3OMMI~SiONF-~ Ill$:-IIlt. 'that's a report ~hat'$ ~ 22 of a sudden 23 already conung forth that may or may not haw ~my~ to [ ~3 COMMISSIONER R/ariEL Thal:l~ yOU, Comi211SSlOaar 24 do with wh~r~ we ar~ with t~urd to th~ s{x:ctfic Issu~:~ [24 Mr R~cbb"rt 25 that we h~vo wluch we've asked to bo add~lscd 25 MR. I'owil~c okay If I may, and that Is thc PLANNING AND ZONING COMMISSION' SEFI'EMBER 26, 2001 Page 113 - Page 1 Condens~ltTM Page 117 Page 11 9 I conversation w~ had with Commtssiorlg~' ~LliL Alul ~ I MS PALUMBO I JUSt want to make some general 2 understanding is that fl~ l~al counsel that i~ C~y 2 ocsx~meats about the hm~tauons on what y'all have been 3 Attorney's offic~ has on ncnb'act wan gotog to d~ just 3 saying Tha chafer is set up that thc City aUomey is 4 that' look at that document and ~,'lmv It faro - ~ 4 th: City's legal adv,sor, and all contracts for legal fees $ whether or not ~ vna~ flaws m l~. Now Mr Mulmy 5 b) charm' have to b~ approved by the City attorney I 6 asked th~ quastion is do you have th~ oppa'mmW as ch: 6 don't behave the Oty Manager has independent authority 7 P&Z to him outside k:gal couus~l And whit I ~ Ms 7 to hu~ outside legal counsel Now, and so -- and l'm not 8 Holt was if you wanted to do that, I would ~ to 'the Cny 8 going to comment on whatever tha pranUce has been m th,s 9 Manager sod ask for funds and ask for fha abilay to do 9 Cny and stoff lflce that 10 that I think that ha's going to ask that vn~ ~b d~ m 10 Before tha ~x!uest came to our deperUnent' we 11 conjunction with tha L~al [L-parUnent, bm ~ as that 11 ~ already talked to and talked about havm$ an outside 12 mechanism today 12 attarn~ look at our a~rpon b:d documents And so we 13 COMMI~SION'ERMUI~OY welLIgu~sswhat's 13 p~..~s,,yhackedttusordlnancnontoit But tt is part of th¢ 14 problematic to me, Mr Chair and Conums.m~ner's and Doug 14 scope of the -- the pnmmy thing is to get some comments 15 and Lan-y, is when v,~, as a group, ask for.~ 1~ advx¢ 15 on bidding out the documents at tho mrport 16 and w~ initiate it' tlgna it's Iraasferr~d over lad ~ 16 Tha attorney that we'r~ gmng to hu~, tha 17 ~spoases ar~ to City Council 17 Legal Department has to look at who W~'m tunng how much 18 $o I would lan~ a mechamsm that '~ e~joy tl~ 18 ,~'rn palnng th~n, and whether tho City Is gemg to retain 19 relationship for a du~ct response and du~cl diak:~t0~ ff 19 any benefit 20 and wh~n w~ -- at wha~vor occasion, not mcessanly ~s 20 We don't want to ha,,¢ thc outside attorney 21 one that would arise, that w~ would control of th~ 21 sift through the 30 ordinance that we've ah~:ady looked 22 dialuguo and can bo th~ reniplent' you knov of our 22 tl~-ough and charge the city $375 00 an hour for work that 23 mquu'y And that's my qu~tton 23 ~,c-mr Leg_al Department has aln~dy done 24 MR. REIgHHART If I Can respond cy~ckl'y TI~ 24 What I intend to g~ve to them and y'all want 25 m~chamsm is to make tho requmt and we ulm that ~t 25 to du~ct mo otherwise, I'll do whatever, but what y'all Page 118 Page 120 I to the City Manag~ I flask there was sera: I ha,,e ~commeoded at this menlmg today I'd also hke to 2 nuscommunlcatiun regarding the scope of '~hat you '~?.aexi to 2 g~,, ¢ them tha M~tchall comments along w~th the staff 3 have done 3 ccmmaents to s~ if riley s~ anything m tha~ that needs 4 I th~nk it was our und~rstanthug ti:al: ~ ha,,¢ 4 to b~ added to your present document, and for them to 5 an outsid~ f'trm rnvi~v this ordinance for ~'ah~,.' rensms 5 gnma-a~e a report 6 and I never heard, and to come to Cny Corned and ,'~e a 6 Now, I can have them generate a report to you 7 -- or to Pgr. Z to mal~ a prasentstton and amw~ ~!ues~ns 7 aa<l also havn them generate a report to ~e City Couan~l, 8 I mean, what we are gotng to lry to 8~ frnm ~","~: frcx: 8 bm it should ha the same advice You know, hacause st 9 what I understand, ~s a document and tlg'y ~aa :clentff'~ 9 sa> s to tho City Council w~th a copy to ~ha P&Z, y'all 10 ttmr cott¢oms, they nun idenufy m a wntte:- r~pc~'t tha- 10 should act fe~l msult~l I mean, it's primarily legal 11 va: v, nll provida to tins body 11 work that is going to go to thc ultonate decision makers 12 Now, If ~'s addittonal substan~ or 12 So ~ tt s to P&Z vath a copy to the Courted, I porsunally 13 reformation that is oc~xlod, that request we ~.!cl ha'v~ - I 13 ~,~ that that's mapprnpnat¢ But if y'all want to 14 mean, w~ had som~tluug going out to a fha that had ~ 14 ~t m~ othervase, I'm open to suggesuons But you all 15 ahihty to do this, had oil people, had murat'.pal 15 do act have separate funding m thc budget to him 16 attorneys that unders~xl, you know, an orana:x~ so v,~ 16 mcL-pend~at counsel nor do you have the authority under 17 piggybacked this onto it It seemed econom:cal and w: 17 th: char~' to do that 18 could oxp~h~ this procass 18 co~M~ssto~ lusn~c It just seemed to me 19 If tl~'s addiuounl mformauon ym n~n~d or 19 excuse me, that v~ wer~ try~n$ to get information and a 20 addittonal :~vtew that you want' g~w us tha: t~lx:~st a:d 20 lot of that information dealt v, nth some lvgal questions 21 we vail forwasd that to tl~ City Manager -~ad ,"s trl~ re, 21 and thomuglmass of wher~ w~ have come from with rugard to 22 qmte ho~sdy, the City Managa' m ~ve it ~ ~,r~s u~ ~ 22 Itus, and we're trying to coordinate that information 23 thumbs down Yas, v~ have fl~ resourcas a:, ns, we = not 23 c~ng forth from mdb'pendent counsel in om commiUen 24 gmng to spend tl~ t~oarc~ 24 me~'.mg and we just want to f'md out If w~ w~: un the 25 co MMI $$1 ON .'.'.'.'.'.'.'.'.'.~R RI S H E L- counselor ?ah.t~-bo 25 right h-ack I~ro w~th ~ard to lame frame PLANNINO AND ZONING COMMISSION SEPTEMBER 26, 2001 Page 117 - Page 12~ 55 CondonsoltTM , Page 121 Page 123 I MS PALUMBO might And I have told you I Agnnda And if you have something that you'd hke to put 2 befog I'm sebedul~ to talk to fins attorney tomorrow and 2 forth, ~e'd hke to hear from you Mr Roy 3 hope that he can generate Ins report, you know, by your 3 COMMISSIONER ROY SO wn am golog to put th~s 4 next meeting 4 gera on thc October 10th Agenda, is that cermet? 5 COMMISSIONER RISHEL Thank you Any further~ 5 tea P, EtC~HAgT YeS 6 questions? Commissioner Kelth 6 COMMISSIONER ROY okay And, hopefully wc 7 COMMISSIONER KEITH I have a question 7 can 8~t them but you're warning us v~ nught not 8 Vtcky, Ihaveaques~on for~,ou 8 M~ REICaF.~'~T we ann always pull u if we - 9 COMMISSIONER RISHEL If yOU could make your 9 I mean, the ~tem vail be put on tha Agenda for a decision 10 questtuns all to the entu'e Commisston as opposed to 10 Okay I mean to hold discussion and make a 11 Individual Comm~sstone~8 11 recommendation to City Council mgardmg, and at that t~me 12 COMMISSIONER germ okay Well, she was the 12 we vall present, if we do have that subcomm~tu~ meeting 13 one that initiated the idea of all attorney 13 Monday, we'll make a presentation on whatever came out of 14 COMMISSIONER RISHEL I understand 14 that and then U vall be open for discussion and a 15 COMMISSIONER geITH And I was wanting to 15 recowaneadatgon again 16 know -- 16 COMMISSIONER ROY [f We have tha meeting on 17 COMMISSIONER RISREL. JUSt discuss It with us 17 Monday, the subcommitt~ on Monday I guess a's not 18 COMMISSIONER germ Okay And what I would 18 practical to have it dacum~nted and in fha Commissioners' 19 be more interested in, as our counselor pointed out, 19 hands the n~xt day I guess maybe it depends on how 20 law. rs aren't cheap and I think if we're going to engage 20 mvolv~l ~t g~ts 21 an attorney, I thurk w~ should focus on sp~lfic Issues 2 ! MR REICHHART We can dofimt~ly try to do 22 that we're all, each of us. Ind~x~dually or collectively, 22 that It all d~pends on a numbs' of ~ssues, but wo can 23 ar~ concerned with and d.trect them that way, instead of ~23 defmltcly try to do that 24 wallaag m there with tlus big old thing and say, hey, 24 COMMISSIOrqE~ EOY okay If ~ can just try 25 look at tlus and see ff this is any good or not Ithink 25 And if not, then we'll bnng It up culd that mght Page 122 Page 124 I it would help our counselor and m those areas, to work 1 COMM/SSIONER RISHEL Ally other comments 2 in that dm~caon Thank you 2 Conunlssloners9 Seeing none, we are adjourned 3 COMMIselONFAq. RISHEL c~manssloner Mulroy 3 4 COMMISSIONF~R MtCcRO~ a.tst to clarify, I 4 5 really don't -- I'm not matmcted m reconstructing 5 6 We're at a p~tt~ good place n~t now My comments am 6 7 mere ~awly weighted to tl~ mm ersal pr~pt m the 7 8 futo~, do w~ have rig moan. and methods, ff v~ so choose, 8 9 to make that conn~ction vath an outside attom~'~d 9 10 I'm understanding tha answer ~s v~ would go to 10 11 the Ctt~ Manager and make the cas~ and make arrangements 11 12 ff ha was agreeable So thank you. And thank you, Doug, 12 13 for your ansv~:r And wlxax.' w~ a~ right now, it seems to 13 14 be working just fine and ~,s~'ll go forward 14 15 COMMISSION~aI~SH~L comsmssion~rs, any 15 1 fi further questions? Thank yen, C~aumsstoners I~t me say 16 17 I'd hke to thank ~w~yoae for fha process that v~ have 17 18 gone throush I know a's sometm~os n struggle hat I 18 19 apprectat~ when v~ can &scuss tbmgs in open with our 19 :20 pubhc and have our c~uz~'s mpu~ and he m tha process 20 21 of a publt¢ Ix~nn~ when tl~s~ ~h~? em put forth Sol 21 22 appreciate you bnn~ng your b~t efforts to th~s tssue 22 :23 and fha decmons that yan'v~ made das ~vemng 23 24 I'm still on vath ~ to calhng for futu~ 24 25 Agenda ill,ns that you m~ght want to have forth on th~ 25 ?LANNING AND ZONING COMMISSION SEPTEMBER 26, 2001 56 Page 121 - Page 124 Condcns¢ItTM 149 Page 151 I probably hava mes~ I your last gem, thc Phnnm8 & Zoning Conumsslon, City 2 2 Couund has tha abtht~ to apply reesonabla con&uons as 3 R~hha~t 3 part of an sup preeess I think tha tssua ts ~f you, 4 4 through tbe sup ~Xl~cnt, continually adopt thc same 5 ~ glS~L commen~? 5 conditions for gas well dcvalopment, then that should be 6 Okay 6 sta~ed, we behove, tn thc ordmancn up front so people 7 C~snanss~on~s 7 know going into it that they arc going to have to mcat 8 8 eermm cntana and those cn~na ar~ as follows It's 9 9 not necessary It's not a r~qturcmcnt 10 lx~ 10 But what wa did ts wc thd soma research, tbe 11 mntr~s 11 Lcgul Dc. gartmcnt, Dottla did soma research on other 12 12 commumties* cxpesl~nca with gas drl[hn8 and what their 13 MI~RISHI!L '~awlllcontina~ourmeetmaof 13 rc~lationswcr~ Tha~'salotofdlffci'cntrcgulations 14 thc P]~- mn..° & Zoning Corrrm*~SlOn Wa laft off still 14 cuatamcd m your backup as n relates to that sup 15 nccdmff~addressI~mNo 14 on oar A~cnda Andiron 15 ll~jalr~lcnt Wa'rcnotnccessanlysay~ngthatwchavcto 16 No 14 is to hold a pubhc hesnng and consider making a 16 hava al] of those, that th~t'ro nesdcd, but we did want to 17 rccc~a'~ndatioa to thc Crt) Councd to amend Subehaptor 34, 17 gtvc you th~ research, th~ background that we ~xc abla to 18 Sub(hvlsioll and land devclcl~mcnt reffulanons, and Chaptes 18 find for what other commumties arc doing 19 35 ZonmE o~*tt~rances Of th~ Code of OrdluaaceS of tho 19 Agam, thistssomcthingncw It's n~sv to, I 90 Cl~ of Dcntoll. und to add rc_m~lations r~latmg to ~as 20 think, most of tha staff I think w~'¥c gotten over tha 21 ~-.21 dm ~3opm~ and amend th~ fro sehcdula This is 21 leemmg curve m terms of thc drdhag operations und 22 Sl01-0011, Co~amc~dmeeL Mr DoagPowallvallprcsent 22 what it mcans forthcmitluld~',=lopmcnt Butmtcrms 23 MR. PO'~LL Thank }~11, Mr Chan'man, 23 of tha ongoing asa of thegn and maybe soma of the land usc 24 C~r~rmss~on A~ was chscussed previously m your last 24 controls, va:'re still tn that leermng staga and I don't 25 ~r'-- ~e advent of gas wells m the City of Denton und 25 know ff wa'va gotten to that learning curva Ikaow Page 150 Page 152 I dex elopment w'.thm the Ci~y lurats and in our L~TJ ts I Dottie wanted to briefly talk to you about what was m 2 so=ethmg ne~ to tl~ CiD 2 there m those conditions And before she does that, I 3 There ~'e currantlx, as Mr Retchhart pointed 3 want to talk about the subdivision ragutations and a 4 out. no gas woes that we kaow of There's no off wells 4 little bit about the fees 5 tha we know of The Zoumg Code does call out for that 5 The subthvmon regulations, again, there's 6 laud use, off acd gas exploration and drilling tn the land 6 the development of property, platting of property, and 7 use table, but I ttunk ~t vas put back there m 1969 No 7 then there's zoning regulations Our current regulations 8 one expecting, or maybe they did, maybe they didn't, that 8 requu'e that all development, whether it's inside the City 9 tt ~ ould a~mal.y be used. Now that we're here m the 9 or outside in tha ETJ, m the Ehwmon 1 portion of the 10 adxent of these, dr, lh,~g operations have come forward 10 ETJ, if it's developed, ,f you're developing property, 11 We beLcve and I th,nk the oil and gas folks 11 you're required to plat the property There's different 12 or ~ gas folks behove that the regulations, the current 12 levels of platting There's development plats, 13 r~..latious dout adequately address what they're trying 13 prehmmary plats, t'mal plats 14 toc'o It is a tt~'e-part proposal Oncdealingwlththe 14 A development plat is the one that v, e'vebeen 15 zon nS ordiaau~, oue _dealing vath the subdivision 15 using right now to address orl and gas drilling, gas 16 regulatious, and the last deelmg vath fees because if we 16 drilling Ikeepsa!nngotlandgas, tt's really gas We 17 ham e regulatious, we have pernuts, there's fees revolved 17 believe that we should change the ragulatioas and we 18 m that and we think that tl:ose should be adjusted, too 18 approached to change the regulations to really create a 19 The fees is something that really normally goes straight 19 process that ts unique to just the gas operation Though 20 to Counol, but since we're discussing the other two items 20 we think tt is development, it's development that has some 21 tomght, we figt..',ed we might as well comment on that, 21 pecuhanties m that there is probably going to be 22 also 22 additional development It's not the ultunate use of the 23 Briefly, and m yo~. backup, I know there's a 23 property It's, m the case of Robson Ranch, for example, 24 lot et' mlrormat~co The zoumg ordinance relates to the 24 they're going to build gas wells but they're going to 25 speoal use penmt provimoas Agmn, as you discussed m 25 braid houses around that The same way vath Hunter's PLANNING & ZONING COMMISSION AUGUST 8, 2001 Page 149 - Page 152 57 CondensoltTM Page 153 Page 155 I Ranch, w~kuowthstevcatuallythatvallbedevclopcdand I d~ffzrcnt It's aknost ll 00 o'clock, too, solhatlmght 2 probably in a commercial, Inultl-famlly, and Inultttude of 2 mfluc'acc your dccmoe But also tbs has been 3 uses SO it's not that the gas wells, tn an of 3 advcrascd for a pubhc hcanng so you may want to open up 4 themselves, is the ultimate development but It Is a 4 thc public hearing, get some comments It's kand of up to 5 development 5 thc Comsmssloa 6 HOW de wc do that, process that information to 6 Thc other thng about the gas wall development 7 make sure that we know where the property is located, 7 plat fcc, ff you're comfortable with that, that's 8 wbere the drill sites are located, that wc look at the 8 semcthng that you could probably send forward Wc do 9 mlpacts to the roadways, to the utihtics, make sure that 9 have some apphaations we've held m abeyance In 10 the fire depann:ent, that would all be taken care of 10 determination of what a reasonable fcc ought to bc and 11 throngh the plaiting procass And we de think it's 11 sorae of the apphcants or thc persons hem for tho pubhc 12 Important Ito maintain a plat process for this type of 12 heanng might want to speak to the fcc and thc nxlmrancnt 13 development And that's outlined in Enclosure 2 of your 13 now and what they foci a reasonable fcc ought to bc 14 backup 14 Ma I'OWaLL ff I may, WC did pat this on thc 15 The fees, a~inn, since this is something 15 Agenda because we do have a lot of these apphcations In 16 different, we t~'Tnle that thc review is not at the higher 16 thc process or people have come to talk to staff about 17 level as some of the other plats, and because of that, 17 applying for thc apphcation So ~ is somewhat of a 18 because of thc mapact, that they shonld get a break on the 18 nccd to adopt some regulations before these additional 19 rcvtew fee And so what we've proposed is rixiucing thc 19 sites came m 20 plat fee for th~ gas well dcvdopmant plat lower than 20 I think also wc were somewhat struck, we have 21 what is currant,y, we're currently char~ing If they come 21 not bccn abk to find a model ordinance, ff you will Wc 22 in under the dex elopinant plat regulations 22 can't -- haven't bccn able to really go out and say tbs 23 And, a/aln. DoRic. I think, wanted to go 23 is a perfect or&nanco that m~ts all thc concerns of 24 through and taka ht~le bit about what's In thc zoning 24 Denton. why don't we adopt ~t What Dothe found ~s there 25 regulations por',~ons of your backup 25 arc a lot of different communitic~ do~ng a lot of ?age 154 Page 156 I MR RI$-iEL I'm wondering If -- because I I different things as tt relates to gas wells 2 want you to preaent to the whole Commission. if you 2 So msteed of finding a common thread m terms $ wouldn't be Inere comfortable presenting froin the podium 3 of regulations of this type of development, we found a 4 MS pALLs'MBO I can really just presant froin 4 broad spectrum And that's what wc gave you and I tlunk 5 here If thatts okay Whet I was gumg to Inentlon is wc $ Dottic~s point Is that we're not sure that we need to 6 looked at aboo. 20 chfferent oil and gas regulations Thc 6 adopt all those I think your discussion in your last 7 majority of ctues regulate oil and gas dnlhng through a 7 item land of began to get a sense of what's Important, 8 penmtting process where they place all the zoning 8 what arc the things we're supposed to look at And I knoxs 9 conditions tn the dnlhng penmt We feel ld/e that's 9 Mr Mulroy had Inenttoned he's anxious to Imero-inanage 10 land of back'w~-ds We feel bke all the conditions should 10 these developments 11 be placed in tbe zoning up front and than they get the 11 So vath that, and, agmn, I know that there 12 permit as an sr~m-ustrattve proceas 12 are folks hcrc froin the Industry to speck on this I'll 13 We ha'.e tn~l to write thc ordinance that way 13 answer any questions you might have 14 but it was kind of dLfficult because we were using several 14 MR RISIiEL The Commissioners have several 15 ordinances as a go by The dnlhng commumty has had thc 15 qucstionsthatlsee, butkeepinimndthatthtslsa 16 ordinance 'since Friday and they might want to speak for 16 public hcanng and we're going to open that up yet But 17 themselveS, but are requesting Inore tune to look at this 17 I've still got some questions at tlus point in tune from 18 There ~,~ some things that we haven't put in 18 Commissioner Williams 19 here that we thought of after we drafted tt and so to land 19 MR. WILLIAMS Yes I guess, now this is 20 of sum it Up. th:s ordinance might change quite a bit It 20 gumg to be part of the Development Code. nght? 21 ls a 30-page ordmanca so it's klnd of up to the 21 MR POWELL wcll. this is actoally amending 22 Commission as Io whether you want to start to,tackle tins 22 the existing -- our existing subdivtston regulations. 23 or If you've taclded tlus and have some ldces to give us 23 Chapter 34 and Chapter 35. which is thc zoinng ordmunce 24 But I th~ thai ~'11 have a new draft and we'll kind of 24 MR WILLIAMS SO it's not going to be part of 25 rework sornc of thc~ prov~sions It vail look a lot 25 thc new Development Code? PLANNINO & ZONING COMMISSION AUGUST 8, 2001 Page 153 - Page 156 58. CondenseltTM Page 157 Page 15~ I ~m eow~ Yes What, vet would ~ adop~, 1 2 ~ wo~d ~ ~t into ~ ~elopm~t ~, ~ 2 MS PAL~BO Y~ But we have advcm~d 3 ~ WlLL~S ~d I ~s you ~ys ~ow I'm a 3 ~s for a pubhc hc~ng so ~f ~ ~ ~rsons hc~ 4 p~s ~son ~y wo~ ~s p~s ~ any d~ff~nt 4 ~at w~t to co~t on ~e or&n~ ~at have go~ a 5 ~ w~t ~'vo ~ dome aR ~c ~ ~ ~ 6 ~clopmmt ~g w~, ~ ha~ ~ m~Ong m s~R 6 ~lly ~st~ a ~py of 7 ~oups, ~ng ciu~s come m ~d s~ ~ It m~ 7 to ~c aRom~ ~t's ~m~ng ~c oll mdust~ 8 ~n bnng it fo~ ~ ~s It's ~nd of con.mS ~ 8 M~ ~OY okay 9 ~ ~auS~ ~ whol~ Cl~ ~s s~ d~clopmg, sti~ 10 wet.ag ~m &o ~lopm~t ~do from 1969 ~d nobly 10 DoRic pointed out, ~at ~c Council ~k~ us abou~ thc 11 ~s - *t ~s not ~ a cns~s and nobly w~ was 11 r~latmns and putting this on yo~ Ag~ and moving 12 sl~mg m a b~ ~st ni~t ~s s~mg ou~i~ m ~ 12 ~s pr~ fo~d But I don't ~ ~am, eye.body 13 ~m ~m~t 13 h~ ~lly got~ to tMt l~mg c~e, ~at stsc of 14 ~ POWHLL I ~s ~ ans~, ~ 14 what ts t~ breadth, what*s thc issues at hand ~ tt 15 ~clop~t ~c, ~ou~ y'aR ~ wor~ng ~wards 15 ~la~s to ~c~ And I t~ from s~Ps s~ndpomt, wc 16 comp~lon of yo~ ~t~ and ~ do ~ ~t ~ ~unc~l 16 would ~ly hkc to ~ow at a ~n~ what ~ thc key 17 ~ ~l~ Ig 3t s~R is at a ~mm~ a couple of 17 issues that you'd l~c us to ad.ess ~d l~k at ~tmg 18 mon~ away from ~mg adop~ ~ ~c ~nttmc, adam, 18 ordinance or ~gulattons tow~ds 19 ~'~c go~ a lot of apphca~ons as ~t ~ls ~ gas 19 MR ~ROY okay ~a~ you 20 d~e~pm~t 20 MR ~SHEL CO~SS~OnCr 21 ~s P~LUMeO T~ C~F ~cd also put ~t on 21 M~ MO~NO I'll defer my qu~tton untd the 22 a fast ~ack 22 pubhc h~ng ts o~ 23 ~ ~CH~T one ad&tmnal, ~ng ~c 23 MR ~$HEL O~y ARy other ~ from 24 ~clopmont C~e, ~ w~ ~ s~ ~t p~s, 25 was not ~ a consl~on as a ~on -- 25 MS ~URDIE I Just n~d to ~ow P~c 158 Page 160 I ad&uonal ~ons wo~d ~ ~ I ~n, a ~s a I r~ficattons, tf ~'~ on ~s le~mg c~e ~at you 2 v~ ~t ~t ~t ~s ~s ~ &sco~, I ~s, 2 ~ of, ~d ~ 8~cral pubhc, ~s ts ~c~ ~ly 3 m a ~tton of ~ C~ So it ~sn't ~ so~ng 3 oppo~m~ to ~, ~y he~ ~s, tt gets m wMtcvcr 4 ~at's ~ b~t alo~ slowly It's upon us now and, 4 -- let's say ~ pap~ picks tt up and ~ people come ~ you ~ow, ~ C~W ~cil's ~Uon, I ~h~ ~t we 5 fo~d ~d ~e m~tmg h~ a~dy ~ cloud, ~ey 6 n~ ~gons prior ~ ~c ~elopment C~o going m~ 6 don't have ~c oppo~mty for ~e~ pubhc input ~orc 7 eff~t 7 I wond~ ~ we j~ptng thc gun hc~ by not giving them 8 ~ ~sag~ once again, k~ in ~nd ~ 8 thc oppo~mty to sp~, ~tng ~s ts a br~d ncw ~t~ 9 ~v~'t ~ op~ up ~ pubhc ~ng We're on It~ 9 into the -- 10 No 14ofa20-t~ ~ M~y 10 MR ~SHEL ~ Rctc~,youh~a~t~ 11 ~ ~ov v~ ~ I ~d~mnd cowry, I l MS ~U~IE Usually, we o~ it ~p, get 12 ~mc, ~t you*m goi~ -- ~ ha~'t ~Ry ~ 12 co~t, 13 m~l~s ~ vi~s of ~ md~ and so ~ 13 Is ~fficult 14 ~tnow~wttso~y~p~mdoingahncby 14 MR POWELL T~spubhch~gw~nott~ 15 hnc ~ of ~s ~s ~mg? 15 m thc pa~ and I do ~ ~at ~em's ~ evm m yo~ 16 Ms PAL~BO T~t's cO~t 16 ~S~USSXOn of ~e l~t tram, ~m*s ~ ~vcr~ ~tclcs 17 ~ ~ov o~y ~d so I wo~d s~t 17 m the new~aper and o~er m~la ~at ~s about, you 18 ~ ff - w~ ~ ~ m a point wh~ you ~ve ~r 18 ~ow, g~ wells So I ~ ~ go~ news ts ~at most of 19 co~m~ ro~ in~ a d~g ~n we c~ dts~R It 19 t~s ~ ts relatively undeveloped ~d ~c ~ not a 20 do~ ~ ~ con~tto~ l~s and ~, you ~ow, ~y~ & 20 lot of p~ple living out ~em 21 u m a wot~hop w~ ~ ~n ~t~ tt out and ~ it m 21 ~ In fact, ~mo of ~e p~ple ~t ~ 22 a final p~uct So I un.mad ~t ~ ~Ry ~ ~ 22 hvmg out ~ ~ ~cfittng by the g~ cxploratxon 23 l~k at ~ f~ mm~g concrete on ~at and ~ &at 23 It Is not -- ~am, you ~ow, Robin ~ch, ~o~ 24 mo~ ~ ~0~ 24 developers have xt 25 ~ ~wgc~ ~ ~ ~at*s ~ s~p~t 25 developm~t, ev~ ~std~txal ~velopm~t out ~e~, but PLA~ & ZO~G CO~SSION AUGUST 8, 2001 Page 157 - Page 160' 59 CondenseltTM Page 161 Page 163 I ~t ~s yet to happen I hke If there Is any provision m any of those regs that 2 MR. RISHEL Okay Iv'o' Reichhart, you had a 2 are not in her draft, I v, qll be shocked I got it on 3 comment 3 Friday I have sent tt out to the Mitchell folks 4 MR. RI~ICHHART I would JUSt point out that 4 Hlllwood ts loulong at It The Meat Energy general 5 there would be additional public hcanngs at City Council, 5 counsel, I talked to hLm today, they're looking at it 6 too Imean, tlustsn'ttheonlypubhcbeanngand 6 But there's a lot at stake m terms of how it works ~nd 7 there's good possthihty flus would either be continued or 7 I think Dottie's approach of putting standards into tL, e PO 8 -- you know, chances are flus is not going to be 8 and the regulatory side followed by an adrmmstratix e 9 recommended tonight and we will have additwnal public 9 pernuttmg process is clearly what, at least my chent~ l0 heanags 10 and I think, what the industry wants because when I dali 11 MS C, OURDIE what's nice about the Planning & 11 the well, I've got a million dollars m the hole And the 12 Zomag Commission Is that we have a reporter that records12 process after that of keeping the permit and renewing tt 13 verbatim reformation which is extremely helpful down the13 or amending it or avoid losing it, it's obviously ve~ 14 road versus City Council meetings which are just 14 unportant 15 generahzedmformatwn So, tome, thePlannmg&Zoning 15 We haven't had a ehance to get back wtth 16 Conumssion is one of the most important steps to get your 16 Dottle I've talked to her, I don't know, 25 to 30 tunes 17 voice heard because there's an actual verbatim public 17 since Friday afternoon, but I need an opportumty and l 18 record and the City Council is just a forum to speak and18 think perhaps other industry participants need an 19 be decided upon 19 opportunity to get back and give you theLr input So I 20 MR. RISHEL And I get the feeling we have 20 would strongly encourage you to let that input oce~ and 21 several people m the audience that would hke to be 21 then see what Dome is going to do with the document and 22 heard ff there's no other comments from Coimmssteners, 22 bnng it hack 23 let me move on to the public beanng And if there's 23 MR RISHEL Since you did get this documen, 24 someone who would like to speak from the audience, if you 24 on Friday, and I'm sure you spent most of your tune 25 would come down and address the Conmussion, state your 25 digesting that, and Friday was also the same tLme be got Page 162 Page 164 I name and address We will take them one at a time I this document, are there some comments, some specific 2 MR. SHUPE Mr Chou'man, my name Is Ikn 2 comments that you'd hke to make so maybe w~ can be 3 Shupe, 1717 Main, Dallas, 75201 I'll be brief I have 3 digesting them of th~ngs that you'~ looking at at tbs 4 two of those surface developer clients m the audience 4 point m ume? 5 here tell me that they want me to finish quickly 5 ~ SHUl, r_ Let mo make one 6 MR. RISHEL They don't want to pay for two 6 t,~ RISHEL. And maybe we can be looking at 7 days, just one? 7 how it affects us as a ¢ommumty 8 MR. SHUPI~ I guess I represent Mitchell 8 tom SHUPE. Let me tell you what I th~ak 9 Energy I represent the owners of Hunter Ranch, 2,000 9 From an mdusR'y standpoint, what Is the most unportant 10 acres for which a development plat has been approved by I 0 point m dealing wath this document you have, and it is 11 the Comnussion And although I don't represent Merit 11 there is -- what is tha ggulanon? And d on the front 12 Energy, I'm speaking for them because I've been worhng 12 end you have a eD or an SUe and perhaps part of that, pan 13 With their general counsel 13 of some standards go m eva'y one of the I'Ds and sups 14 We~ve been worlong, we being Carter & Burgess, 14 la other words, there aw standard conditions 15 Meat, IVatcbell, the Htllwood people, the Peter people, 15 that you know you're going to apply to everybody doing 16 have been worhng with the City for about, what now, 16 development But you also want to take a look at site 17 Dottle, mae months now? And we agree that what Dottle 17 specific r~qmrements because that's part of the 18 has started needs be be done because every tune we look at 18 lqoslative authonty you have and ~.at the Council has 19 a part of your regulations, whether it's subdivision or 19 and then there's some insurance and secanty reqturc~ent~ 20 it's zomng or development fees, we try to find a way to 20 Ail of that ~s one, hke, step one in the process And I 21 fit something that was written for traditional surface 21 don't thnk ~t makes a whole lot of d~ffe~nce what th~s 22 development and we try to fit it to gas development and it 22 ordinance says or doesn't say m terms of your lqoslaUve 23 doean'twork So what they've started ls very rauch 23 chscret~on That~stl~zonmgprecessundyouwli 24 needed 24 dec,de for any g~vun p~ece of property what it ~s you wan~ 25 DoRic has never seen a regulat~en she d~dn't 25 by way of cundmons PLANNING & ZONING COMMISSION AUGUST 8, 2001 60. Page 161 - Page 164 Cond~nseItTM Page 165 Page 167 1 Now, once you haw g~vee mo my zoning, then I you all lake car~ of that? How vall our fleedphm be 2 what happens after that needs to be adnumstrat~vo Are 2 protected? How vail you protect us as a communn~ %V~at 3 both of those pagcs in th~re, Dotoc? Okay 'l~:esecond 3 about noisa abatement, dust, smclLvibmtioos 4 paga is a summary of what's in thc document you have which 4 How ar~ thc singl~-faunly people limt are around thes~ 5 I think If you look down through there, you vail sec Chat :5 areas protected? Now, those arc the ~ngs that L as a 6 a lot of dlscre~on conanees to be reaerved to the 6 Comnussionex, and as a citizen of Denton want to best a:d 7 btalthng official, whether it's in approving the per. ut or 7 want to know 8 8~ving a ~ewal of tho peraut or suspending the peraut 8 MR. SHUPE is that your hie 9 Can you una~ne yourseff spending a nu',on dollars and 9 MS ~tOt.T yeah 10 Ioolang down at the cimd~tions upoa which the bmldmg 10 MlCSHUP~. okay ThrecofthosaDotuehas 11 official can suspend your perout after you've got the 11 adchn~sed specifically in that how much insurance, how 12 money in the ~round? So the most important point to mc is 12 much do you have to put up by way of sacunty 13 let's g~t all of the discr~tioo un the front end where I 13 performance bend So thosa lands of I want te know ~,c~ 14 flunk it belongs, that leglslatlw decision And as I've 14 can financially perform, she has m there 15 said befor~ this Coininisslon and thc Council, toll me what 15 Th~ details for a specific, a particular site. 16 the rules ar~ 16 how ar~ you going to do noisa, how are you going r.~ do 17 N0w, unce you've given me the rules, then give 17 vthration is not in there hecause I ltunk what )ou v.~ll do 18 me an adunnlstratlve process wbere if I comply vath the !18 when somebody oomes in - if I come m for a I,D fc~ gas 19 rules, I give you all of the informataon you oecd, I 19 development, you wdl at that tune say and maybe .-, oo II 20 provide you insurance, I provide you security, and 20 specify a decibel level at "X" numbo' of feet from cbc 21 estabhsh that I've comph~xl vath the rules, thee I weald 21 site But I think that some of those general questlous 22 hke to hav~ tho pemut So that distinction is the mast 22 will be site specific But when I come through and ask 23 unpormnt And l summanzed the second pago there 23 for that suP or ~'D, you'rogomgtosay okay, h:r~'swhat 24 Again, put yourseff m a position of somebody who wants to 24 I want from you and then tho specifics vail actoall.-, go 25 make that inves~mect on thc front end and say, well, gosh, 25 Into my governing document for that piece of proper~y Page 166 P~-~ 168 I I thought ~at I had to persuade the City Council that it 1 But a lot of those, Dottle already has numbers $5 nmlhon 2 was an appropriate use or health, safety, and welfare, 2 worth of hablhty and so forth 3 and, yes, I dtd and the Council gave me my zoning And 3 MS HOLt 'thank you 4 now I go to the building official and the building 4 ~ HISHE~ comnusslonors, any ~ 5 official gets to rehash all of those So that's my 5 questions of Mr Shape? Thank ~,ou, Mr Shupe 6 general comment I have a variety of other specific 6 Ma Srn~V.. 'thank you 7 conunents but it's late and we'll just get those to Dottle 7 Ma msrtut, xhis is a pubhc heanng Anl, c~e 8 directly Questions, Mr Chairman? 8 else who would hke to address this Conmussloa? Pkasa 9 MIL RISHEL Conurasstoner Mulroy 9 siam your name and address 10 MILMULROY Yes Ike, what's your posturo on 10 Ma~,mc£ Yes MynamelsC~enePnce,725 11 tho fee schedule as presented? 11 Chisholm Trml I really don't unclerstand wh.~ v~ ~ 12 MILgHUP£ Fee schadule as presented ls just 12 be r~,,ulaung these folks enyway Woah~ad) ha~ethe 13 fine Thank you for renundmg me I forgot to say that 13 FlA, the Texas Natural Conservat~oa -- some of son of 14 MR. MULROY okay 14 env~ronm~nlalproteclionthmg V, ¢ have the Railroad 15 M~ RISH~L Any other questions, 15 Comnussion And you've air,ad) said thc Railroad 16 Coratmsstoners? Coraraissloner Holt 16 Commission gives them roles on '~hat the ~,/, and all the~ 17 M8 HOlT YeS Yon have sor~ of steted what 17 oth~rpecpl~do Why can't wejust def~' lt to the 18 you-all would hke from us Let me -- I read the 30 18 Railroad Commission? Becaus~ I incen, if they'r~ good 19 pages I didn't need any sleeping pills because, boy, 19 enough for the ~n and seine of the~ elba' folks, ',~iO, 20 that's a good one But I did go through tt And, 20 isn't the Railroad Caamussinn good enough for us'~ 21 basically, what I ne~d as a Contrmsstoner, what I need to 21 Ms Holt mentioned the lcka that what abou~ 22 knowareafewhttlettnngs It's hnd of hke what yon 22 the naghbors that ar~ going to movc m thew Well 2~ did for us 23 excuse ina, but the oil aM gas a~ going to be the~ first 14 What's the hablhty bond? You know, what do 24 so the neighbors ought to be ashng the oil and gas ~5 you-all have? What about road maintenance? How vail 25 what thc oil and gas penplo think about the n~hburs PLANNING & ZONING COMMISSION AUGUST 8, 2001 61. Page 165 - Pag_.~ 168 CondensoltTM Page 169 Page 17~ I moving in, because, you know, ~ ~ ~ f~rst I discuss this Thos~ are all things I think that you could 2 B~cause I heard th~s comment from the big rathe place out 2 consider or you could consider amending it. the draft 3 hare, I can't think - Andrews Some of the pccp~ thcy 3 ordinance and moving It forward onto CRy Council 4 were wantin~ to move a subdivmon m there and then 4 I'll answer any questions you aught have 5 Andrews came hero and told y'all, you know, t~'re going 5 MR RISHEL comnussioner ~ourdre. 6 to complain about our noise becausc ~--y'rc going to say 6 MS GOURDIE I actllally, being this ts my 7 we were mal~ng noise and stuff Well thc pmb~n is 7 last meeting, I would lfice sumc input just to put my 8 Andrew was tha~ lb-st So they wc~ the neighlx~- first 8 commentary on here, and thurc are some things I'm 9 I know they're not a subthvlston but they were ti~ 9 questioning Letter "N" tn def'mRlons, It says lesser, 10 nc~ghbur first So you ought want to ttamk aborn that 10 means ownur of surface or rmneral nghts who hes execute; 11 If thc gas people are there f'~t, then thc I1 a lease My qoeshen to you is thcrc's muny properties 12 subdivmoo peeplc used to, you know, get a hfc. land of 12 here In Denton where one person owns the surface and 13 hke the folks around omv Au'port o~ Airport was out in 13 another person owns the mineral nghts ~ that need to 14 the middle of anwher~ and now pcopla complain abunt thc 14 be defined out'~ Because I ask that when you get further 15 noise and stuff Well, the an'port was there first. 15 m here, we had the letter "T' wtuch ~s owncx, meens the 16 These folks are rc~tdated to d~ hih ahn:ady 16 person who owns the legal or cqtutablc title m and to the 17 You know, any additional tq~nala~en Is just hurtful 17 surfaces of the dull site or oil or gas opera,on site 18 Thay're gumg to be paymg taxes on the land I,~,"~,,, 18 Sothcre'stwod~fferentthmga Yon'roger 19 that should ~be enough for yun So - and I moa~ I've 19 th~s surface surface and then you've got the internal 20 seen this Coancll and this Conumssloa regulate, m~la~ 20 surfaco where the gas is coming from And seel~lg how the 21 nucmnnanaga, tell you what color bncks to hex c I tlunk 21 process works, we could sec that If someone's backyard, if 22 wc'vc chanlgd that now But I think we need to understand 22 the owner of the mineral rights comes forv~rd and says, 23 maybe some of thc tegulataon, but we aced to be capful to 23 well, I know thcre's gas down there, I want to dull, we 24 defer to thc Railroad Commission 'fhcy',,c bcc~ doing it a 24 know that that person is going to lose a big portion of 2:5 lot longer They know mom what they're doing lhan we do 25 their property for awlule because the owner of the rmneral Page 170 Page 172 I so we need to defer to tlmn Thank }ou I rights has certain nights over the surface ngkt person 2 Ma IUSUSC Thank you, Mr Pnce Tim ~s a 2 So I'd hke to have that either defined more correctly or 3 pebhc hearing Anyone else that would hke to s'Toak 3 more whatever 4 e~thar for or against th~s item on our Agenda? Anyone 4 On page 11, it talks about locaUon rules 5 else for or against? I sm a whol~ bunch of gas goes out 5 And I'm not really sure what flus mesas, No 2, it says 6 hare and I want to encourage you to slgak If you have 6 within 1,000 feet of the property line of a cemetery, 7 looked at tlme 30 pages I mean, we se ~ ab~ to 7 park, public or private water supply v~ll, or residential 8 develop in One month what the Siate has only d~loped 107 8 unit without notanzed waiver by the re~denual unit 9 things to regulate you guys by and '*~ re way ~,~a of 9 property owner and the property entitled to occupy the 10 them, I tlank 10 premises 11 $o - anyone else who would like to co,"~,-nt? 11 My question to you is are we talking about the 12 Se~nn8 no one else who would hkn to slgak before tins 12 surface persun or the mineral right person m tlus preesss 13 Conumssion ~ther for or against th~s Item, I yell close 13 here? Whose nghts are we taking about m this one'~ 14 llgpubhahaarlng Commissmners Mr PowelL would you 14 MS PALUMBO It's the surfaes owner 15 hketosanunat~on? Idon'ttiunkwehaseant~clfora 15 MS GOURDIE Surtaceowner So the questlon 16 rebuttal 16 is what does that do to the mineral night ow'act's nght to 17 ~,m l, owl!~.~. Again, wa thought thn~ w~gks ago 17 have their minerals taken 18 that we could find an ordinanoa, draf~ an ordioax:ce tie 18 MR POWELL I do think that could 19 a up vath a nic~ httle n'bbon and preseet it to you and 19 clarified 20 havctha, ff not support, arowowbytbemdustr) ~ 20 MS GOURDIE And then on pag~12, No 3A, lt 21 tram frame in which was dona really Ins not allowed us to 21 says the right of the owner/owners of the ml.ma'nl estate 22 do that 22 to explore, develop, and preduc~ the ramerals I'm just 23 Again, we'd be happy to go hack based ca any 23 wondenng ff there's any safety procedures or protective 24 of your comments and look at tbe draft ordmeece Ired 24 procedures for the people who are not the mineral estate 25 revise it You-all had ~alked about hasxag a workshop to 25 owners but the surface property owners to have their PLANNING & ZONING COMMISSION AUGUST 8, 2001 Page 169 - Page 172 62. CondeasoltTM Page 173 Page 175 I property - how long can they explore and drill if this is I district's property, :. ma3, be another question 2 yourhome~r~ftlusisyourbackyard? Imean, lsthe~ 2 ~ PALUI~O Amdth;u'els-- 3 anypnvataprepertyprecedurcs? Dothcpcopl~justhave 3 MR. RISHEL Icamthmkoflotsofschool 4 to 8{ye up thor privacy for s~x weeks? Is the~ anyttang 4 districts m west Texas t~uat have pump jacks with thc flag $ to protect when you have this dual chary on one piece of $ pole 6 ground? How does tl~ surfaco owner who has ~nr home 6 I~{S PALUM30 Amd ti:ere ts the Selwyn School 7 deal vath thc exploration l~ople who arc talons taps or 7 is trying to have dr~l sg~s on their property so, you 8 doing aerial photographs or wha~wer? 8 know, I guess It's - if tl~re's oil there, they want it 9 Is tlxxc anything m here that dcflcos tho two 9 close, If there's noI, they' ~lou't want them close 10 and protect~ thc pcoplo who own tha surfaco? WtuchI 10 MR. RISHEL lt'smible~singor acurso 11 guess a lot of people don't know that they don't own the 11 ),is PALUI~O So, anyway, I called the school 12 nucoral nghts so wu'va Sot all &cae different things 12 district attorney I :avem't heard back from hun 13 happcnmg that I flunk really needs to be defined as to 13 MR. lviORE'C3 W~.,ll, t~.cuc arc a number of 14 wbe's mineral, who's surfaco, where the bounds arc, and do 14 issues thai need to ]:e -- 15 uuneral peeplc really have thc nght to como m and 15 I~m pALUM~O 'ifne location, yeah, Is something 16 disturb thc surface person? 16 that we really need ~o a&:lress. And thc industry also 17 tdlt~OWliLL under what condit~ons can tbey do 17 wantstocemmentcuthe~loc~en Thcyhavcdnlledm 18 ~t? 18 several crees close ~a cociam uses and 500 feet was just 19 MS ooultoil!, lught Thank yun 19 really kind of a goot memsurument 20 ~m. msH~-c. Thankyou, Comnussiuaer 20 MY,. MOREN3 AU1 ng_Xc 'l'hank you 21 Coumussmuer Wflhams 21 MR. RISHEL Thnmlc yOU, Commissioner 22 ivan. WiLLiAMS ! m ready to make a mermen so 22 Comnusaoncr Mu-'~'uy 23 l'lllctcvcobodyclsesl~:ak 23 MR. MULRO-" ¥~ Ijustwanttore~mndthe 24 ~ RISHEL We still have some commeets 24 Coramisaon that va. real~y o~ght to wait for a second 25 Conmuss~oner Moreuo 25 draft Page 174 Page 176 I MIL x/Olt~NO Yes, s~r Along thc same hnes I ~a~. wt[.c~ t nz ~ ~o make a moUon 2 asMs Gourdie'squestion, onpage ll, locattonrules, tt 2 ~c~.~ncn.am xbat~lwl:atlwasgetlmgn:ady 3 speakstol,000fcetfromarcstdantialumt Thecase 3 todo mak~amoUouuutI~fces ButwhantheChatr~s 4 that we just heard spoke to 500 feet, and I'm wendenng 4 ready to ct?tram a ~:muom un¢ cf us can make tt Thank 5 why the difference 5 you 6 MS PALUMBO I didn't catch that Yeah, the 6 ~ ~USH~t. ~u I~,v~ t~ tloor, sir 7 residential unit, that was a mistake This ts also 7 ~ ~ulto'~ well I'd l~ to make a motion 8 something ~'ve still been talking to the industry about 8 that wc d~cr any fur~,.~r dusaus~..on on thc text of thc 9 exactly what looatten mlas do they think is reasonable 9 orthnanco for a futu= da~c and ~dopt thc f~ as 10 MI~. ,VIORE1VO SO to fix th, s, we take out the 10 presented 11 word "residential tlnlt"? I1 Iv~ msl~L I ~avc z mc~on Is there a 12 MS PALUMBO That's oorrcct 12 second? 13 MIL POWELL Or is It to change tXlo 2 to $00 13 ~ WlLLIAIV~ Tlm~'S net my motion 14 feet.) 14 ~ RISHI~t. '~CXC L~ a motion on tho floor 15 Iris I'ALUMI~O well, we haven't heard back from 15 andth~mcUon~s tha. wcadiopit~ fees asprcsantcd from 16 the school district as far as what location they want, you 1 d staff 17 know, from the schools There's a lot more than just, you 17 ~s. HO~.r t r ~cam/l 18 lmow, ther~stdences There's a vadc vanety of uses that 18 M~.~usHl/L~,adl~sbe~amovcdby 19 wctrc tryl~ to contact to find out what distance they 19 Conmuss~mer Mulrc?., and sccor, d~l by Cunumssiuaer Holt 20 want Andeemetcncs, l don't know, In'~an, mourpubhc 20 Dlscussioa* C,-~m~o~crW,~,~s 21 parks, youknow, we may want S00 feet So all of thcsc 21 ~3. WILLIA~ wctlLI-~illbcvotmgagamst 22 arc things that the Commission can take mto 22 that mottco because I -~m~- 'we ~ another pubha heanng 23 consideration 23 and I tlunk '~c pubh¢ ~ ~ to k continued to a 24 MR- lUSHEL of course, tf the oll was on the 24 tune certa~ and ~haI ~as ~ n~uua I was gem8 to ma,kc 25 school disinct's property or tha gas was on the school 25 I~causa I ~n't th,~l~/:c puthhc - because tbe pubhc has PLANNING & ZONING COMMISSION AUGUST 8, 2001 Page 173 - Page 176 63. Cond~nscltTM Page 177 Page 179~ I had a chance because we~ve been saying that The school I ~.~.~.~.~.~.~.~.~.~cimted ~th gas wells docs 2 thstnct hasn't had a chance to comment Other entities 2 ~iR. ~SHEL And could be amended at any tLmc'~ 3 haven't had a chance to comment The oil people, thc 3 4 attomey has commented, but they have not Theytrcjust 4 MR.~4ULROY well, let's so amend tbe motien 5 sitting hero listemng 5 MR. ILSHEL It's been moved and seconded 6 MR RISHEL I tlR~k the motion was m 6 You v,a~t to amend your own motion so go ahead, please 7 referenc~ to strictly to fees 7 big. ~,tULROY I want whatever Larry smd in hs 8 MR WILLIAMS But I can't understand what -- 8 ~.~m~r~s ~ w~ll make flus go, that's what we're going 9 If the fees motion is passed, docs that mean that -- I 9 to do 10 guess I n~d a legal opinion that the pubho d~soussien is I0 Ms ~'M.UMBO I flunk the motion is to adopt a 11 over 11 fcc schedule for development plats associated with gas 12 MS PALUMBO The motion on the floor -- 12 g~lls 13 MR WILLIAMS NO, the motion did not mention 13 MR. ~HEL And that's Commissioner Mulroy's 14 a public heanng 14 ~oao~ and ~e second Is approved by Comnussioner Holt 15 MS PALUMBO Right Well, the motion on the 15 Comm~3nslom~, any further d~scussion? Seeing no 16 floor is for the fees, to just separate the fcc issues 16 d-acue~:3en, ~-'ere is a motion on the floor Please, vote 17 MR WILLIAM~J And It said defer 17 Mo~o~ earr~ 6-1 18 MS PALUMBO And defer the rest of it 18 (CO~MISglONER WILLIAMS VOTED IN OPPOSITION ) 19 MR WILLIAMS TO defer the rest of it but it 19 Ms ~LUMBO At ttus txme, it would be 20 d~dn't say defer -- 20 %mrol~iate ~ address the remaining items that will be 21 MS PALUMBO - toatLm¢certmn 21 sc~du~.,d fc~pubhchearmg 22 MR WILLIAMS B~t it chd not say anytlung 22 MR. ~HEL Commissioners, do I hear a 23 about a pubh¢ hearing continuing 23 m~t~o~'~ 24 MR POWELL If I may, Mi' Chau'man, if you -- 24 MR. ~%rLROY MI' Chmr, I have a question 25 you did close the public hearing so you cannot continue it 25 o~ -- Page 175 Page 180 I unless you reopened ~t Again, also, ~f you don't I ~ ~HEL Mi' Mulroy 2 cceUmie to a data c,c~ain, it's got to bo re-noticed 2 ~ ~dLROY On the remaining items as far as 3 anyway So my assumption, since thc pubh¢ lganng ~s 3 a ~ate ~ we really need to have a better 4 closed and since we're not sure when it's coming back, 4 tr,~ersCmichng~ of what staff anticipates would be reqmred 5 ~t's going to take a m-not,ce, and that's my assampt~ce 5 to ~t t~as o~mance tweaked or workshopped and then as 6 Ms I,^t.~no And in discussing dos wth my 6 -- '~ar~ng ~.ubhc heanngs, we keep in rmnd that at thc 7 co-cminsel, Larry Rc~chhart hero, since we're not going to 7 ccd of ~ l~m, we will ha~ e to s~t up public heanngs 8 adopt the gas w~ll development plat procedure, wc probably 8 fcc tl~ :new ~cvelopment Code and this will be packaged 9 shouldn't adopt tho fcc schedule until we look at thc gas 9 p,'~ba~L~ wa~ that and will be subject to a full scrutiny 10 welldcvelopmeatplatpreeedumbccaasewe- ourcun~m 10 b3 the L:~ubhc and other entitles $o l guess bank to my 11 erdmance doesn't really ment~ea gas well development 11 F~t qu~stio~ how long, Mr Powell, do you flunk tt 12 plats se it's kind of a tachnicahty So we cmild defoe 12 w~uld t~ake tc~ mdrafl tlus to wbel-c it's ready for 13 tbo whola tluag 13 14 MR msHl~. And Mr Relchhart only -- i4 ]vlR. P3WELL I would hate to set Ms 15 understand as being a staff person, he's only going to get ~ 15 P~.um~o's - 16 paidonefee Hedo~sn'tgatth~lcgalfee, alse, uellke I16 ]VlR-~.3LROY Ibehevesbe'sgottowntea 17 Mr Shupe whose got muluple cheats here 17 co& about tF~ tluck lg t~m.~ca~,~ thave tbowhola¢~tyh~ro as ,,18 ~s ~UMBO Yeah, at 12 01 I'll be starting 19 mycbont 9 on:t l~lunk,Vh' Shupehaden~deaofthettmepenod 20 sm. ~usa~c 7hat'a right 20 g ~'c you wr_.-mg a letter on behalf of tho industry 21 MR. I~ICHRART We COUld amend that to ~ay fcc [21 ~%a hew much time you-all would like9 22 development plats ussocmtad w~th gas wells, we t~ommend ,22 ]VlR- ~-UPE Mr Chmrman, we have a number of 23 the fe~ that was proposed I mean, at'a a tcchmcahty ,23 pe~l¢ ~vho ~ actually corinne to my office tomorrow to 24 but th~ f~ is assoc~atad to gas d~velopnmnt plats which 24 tO to F-~,ure cut how we want to respond, we being all of 25 don't exist ln this City nght now But dcvclopmcnt plats 125 th~cfa,~ ~.~ a matter of fact, tbey'rcgomgtohc PLANNING & ZONING COMMISSION AUGUST 8, 2001 64 Page 177 - Page 180 CondcnseltTM Page IS1 Page 183 I them, and both Meat and Mitchell vail be writing a I /eau. WILt. La, MS okay 2 lettersct~mgoutattmeframebut/mhsttcallywc'm 2 Ms.r^Ltr~oo or aftcr that Youknow, wccan 3 lonkmg, Dottxe, at two to four weeks We're game to 3 alweys bring amendments 4 have some specific comments that I vail collect and lmvc 4 ~m. VaL~.L,a~S okay 5 back to you Friday So we're mowng as fast as wc can 6 'l'hat's week ai%r I got it 6 Ms c, ougot~, will the new Phnmng & Zoning 7 MR RISHI~L If yOU gllyS would l~gotlatc th,q 7 Cexamissioncrs bo on-board for tbs work session? I guess 8 tune vath Mr Shupe, you could probably get him to split 8 my concern is that in two weeks -- 9 those fees and not have to have double bLlhng m this 10 parttcolarcaee Soltmi~Jltbesonlethil~g furyouto 10 Ms OOtlRDm. okay Solthmkthat'sguodto 11 consider 11 have a work session so that they can get on board to maka 12 MR SHUPE Thank you, Mr Chalralan 12 the deel$1on, and I would like for It to coincide with the 13 MR, RISHEL YOU bet 13 new peeple coming in 14 MR REICHHART Iflcouldrccommandthat,~n 14 MR. RISlteL Thankyou ComrmssloncrMulrey 15 two weeks we havc a vcry short A~**oda and we coc~ld at 15 MlClvlULRO¥ Yes I move that we dcfcr 16 lea.st put *It On and the request tt for a work s~sslon ~'nd 16 thscussion to the next scbedulcd work session and that we 17 we can update you where we arc and identify any o/' thc 17 re-notice the public once we're rosdy to come out with thc 18 additional lsslles It*s too late to advef/lse to have a 18 final document 19 pubhcmeetmgmtwoweeksbutlfwefeelmorcconf'tdc~ 19 MSAPPLE s~cond ;20 as we get closer to that work session, we aught be able to 20 ~ RISH£L It'S been moved by Conmussloncr 21 advertise for four weeks from today 21 Mulroy and seconded by Comimssloncr Apple Any further 22 MR POWELL I concur with Mr Retoh~l~rt I 22 thscussion? P]oss¢, vote Motion passc~ 7-0 'l'hank you 23 think that one of the issues ts do you want to see this at 23 all for your patience 24 a work seaston? And tf that*s so, do yeti want to do it m 24 -- 25 twowccks? Furtber, l ttunk you need to dlrect staff that 25 i ii ii ....... ~ ........ o Il Page 152 I at thc earliest possible moment or carhest possi'ole ume I a x~commendatlon to the City Council to amend 2 to bnng this beck as a pubha hcanng and w~'ll make the 2 35, Zoning Orthnanco, of tbe Code of ( 3 nones and make stl~ that Dotoc and staff has enough t,r~,~ 3 the ~' I~nton, Texas, to amend Section 35-91 (e), 4 to rewrite ,it' then tho mduslry has enough time to 4 density standards Tlus is SI01-0014 $ commit 0a it befot~ we pot it back on your ABada 5 coverage will present 6 MI~RISHeL commissloncr Wflhams 6 Thank you This, as in 7 MB. WILLIAMS Yes Mr Chamuen, Iguess I'm 7 is an ins~ancowhe~1 8 kind of confused Now, If this ordmanos Is adopt~t and 8 regulations don I1 with the current 9 then wben it's made part of the Development Code. you can 9 current market fei l0 discuss ltlall you want to, but all you'll be dome LS 10 Currently, 11 kind of mute beeause it*a altn,'ady been adopted, is that Il 12 true? 12 13 MS PALUMBO. well, as Lq any orthnance that 13 thscusslon of lot covcrog~ have 14 you adop~, a lot of ttmea tiro'o's song tv~dong tbet needs 14 been approvc~l teeently ~ 15 to be don0 to it, so ~ven though we've recently adopted it 15 decision lot 16 and tlgrc will be mo~ pubhc heanngs and commeats 16 coverage issue : th~c's 17 throagh t~ EL*velopment Code process, d' thero*s some 17 that 18 pa~lcul~ provision that hasn't ~eslly ~ written 18 now with that 35 19 cur,~esdy, lwe could change it at thc D~.ckipmem Code 19 20 stage So it's not -- just because v~'x~ amending - 20 21 MR. WILLIAMS It's not W~tlefl I11 stone? 21 :overage In your backup, staff we've 22 [g$ PALUMeO* R~ght Current zoning 22 you vath some lot coverages of othe~ It 23 rcaulations willpall it forward but If there's zom~ 23 s a ~.tlcction, aguln, 24 tweaking,that we need to do, we'll do that at the 24 N~'w standards, new marking r 25 Dev~lopmant Code steg~ 25 ~o agr~ that that maxunum lot coverage should PLANNIN(} & ZONING COMMISSION AUGUST 8, 2001 65. Page 181 - Page 18~ ATTACHMENT 4 THE, I-ITl' .LS OF ~G~E PLANNING & ~v~ELOPMENT We, ~e ~dem~ prop~ o~ ~d ~e~ of~e C,~ of Dento~ Denton Co~, Texas, who b~g ~.l~ voters m ~ ~ of D~to~ do ~ a~x our silages, ~d ~y by ~g s~e ~t we ~e oppo~ W fie ~g of~y o9 or g~ we~s mmde of~e prope~ bound~es t~t ~e r~rd~ m ~e m~ ~d plats of~e ~ of~le, ~ Addmon to the Cl~ of Dento~ Demon Co.q, To~, a~r~g to ~e Eat ~e~fh C~met N, Page 321, or o~er page mclu~g P~e ~ ~ ~d ~ PI~ ~rds of Denton ~un~, Texas, as proposed by the developer of~e ~s of~le at ~s pre~t ~e ~d und~ ~e print propos~ made by ~e developer I Argyle, TX 76226 2 _~._(~. /~ , ,,,A:gy~e, TX 76226 -- / ~I~ ~ 76226 0 ~1~ TX 76226 7 Argy_ le, TX 76226 Petition of the Homeowners of the I-rJlls of Argyle Page __ of __ 66. PETITION FOR THE HOMFOWN ~SO~V 1 ~ ZooIll]l TI-IF I-HI.LS OF ARGYLEUuIPLANNiNS & DEYE Ii /OPMENT~ We, the underagned property owners and cinzens of the O~y of Denton, Denton County, Texas, who being quahlled voters m the Clt~ of Deator~ do hereby affix our signatures, and say by ot~x~ng same that ~e are opposed to the dr~'lhng of any off or gas wells mmde of the property boundaries that are recorded m the map and plats of The Hdls o£Argyle, An Adchtlon to the City of Denton, Denton County, Texas, according to the Plat thereofm Cabinet N, Page 321, or other page including Phase I, H, and HI, Plat Records of Denton County, Texas, as proposed by the developer of the Hills of Argyle at ti'as present me and under the present proposal made by the developer NAME (Pnnt Please~ SIGNATURE STREET ADDRESS ' Argyle, TX 762B6~ -- ' Argyle, TX 7~22~ · Argyle, TX 76226 ' Argyle, TX 76226 Argyle, TX 76226 6 Argyle, TX 76226 7 Argyle, TX 76226 Petmon of the Homeowners of the I-rills of Argyle Page of__ 67. PETITION FOR THE HOMEOWNER , --v, THE I-riLLS .OF ARGYLE ¥, e, the undersigned property owners and citizens of the City of Denton, Denton County, Texas, ~ho b~mg qualified voters m the C~ty of Denton, do hereby affix our signatures, and say by affixing s~me that we are opposed to the dnlhng of any ml or gas wells reside of the property boundaries ,h~t are recorded ~n the map and plats of The Hills of Argyle, An Addition to the Ctty of Denton, Denton County, Texas, according to the Plat thereof~n Cabinet N, Page 321, or other page ~ncludmg Phase I, II, and ~I, Plat Records of Denton County, Texas, as proposed by the developer of the Nails of Argyle at tiffs present t~me and under the present proposal made by the developer ~_ - Argyle, TX 76226 - ~le, TX 762~6~ ~le, TX ' ' ~le, TX 762~ ~[e, TX 76226 6 Argyle, TX 76226 7 Argyle, TX 76226 Petmon of the Homeowners of the Hills of Argyle Page of __ 68. We, the undersigned property owners and c~tazens of the City of Denton, Denton County, Texas, who being q.~lified voters m the City of Denton, do hereby affix our signatures, and say by A~xang same that we are opposed to the drilling of any off or gas wells ms,de of the property boundaries that are recorded m the map and plats of The Hdls of Argyle, An AdchUon to the Caty of Denton. Denton Count~, Texas, according to the Plat thereofm Cabinet N, Page 321, or other page including Phase I. 1I, and 111, Plat Records of Denton County, Texas, as proposed by the developer of the I-rills of Argyle at flus present tn'ne and under the present proposal made by the developer STREET ADDRESS .4xgyle, TX 76226 ' - -- Argyle, TX 76226 ~le, ~ 76226 ~le, ~ 7~26 5 Argyle, TX 76226 6 Argyle, TX 76226 7 Argyle, TX 76226 Peuuon of the Homeowners of the I-Iills of Argyle Page __ of __ 69. HOMEOWNER/Il F t~0v 1 ~ 2ooi PETITION FOR THE .~/' THE HILLS .OF ARGYLE ~ We, the understgned property owners and cmzens of the C~ty of Denton, Denton County, Texas, who being quahfied voters ~n the C~ty of Denton, do hereby a~x ou- stgnatures, and say by affixing same that we are opposed to the dnlhng of any off or gas wells mstde of the property boundaries that are recorded tn the map and plats of The I-hlls of Argfie, An Addmon to the Cay of Denton, Denton County, Texas, according to the Plat thereof m CaNnet N, Page 321, or other page including Phase I, II, and III, Plat Records of Denton County, Texas, as proposed by the developer of the Halls of Argyle at tlus present time and under the present proposal made by the developer N a. lViE (Pnnt Please~ SIGNATURe./ STREET ADDRESS Argyle, TX 76226 Argyle, TX 76226 /,~ ,~ ' r c ,, '' ' ~ g ' ~ J M~Ie, TX76226 ~le, TX 76226 6 Argyle, TX 76226 7 Argyle, TX 76226 Petluon of the Homeowners of the Halls of Argyle Page __ of__ 70. PLANNiN ENr~/ We, the undersxgned property owners and athens of the Cxty of Denton, Denton County, Texas, who being quuhHed voters m the C~ty of Denton, do hereby u~ our s,gnatures, and say by u~x~ng same that we are opposed to the dnllmg ofany od or gas ~ells reside of the property boundanes that are recorded m the map and plats of The Hills of Argsle, An Addmon to the Qty of Denton, Denton County, Texas, according to the Plat thereof m Cabinet N, Page 321, or other page including Phase I, 1I, and I~ Plat Records of Denton County, Texas, as proposed by the developer of the Hills of Argyle at flus present Ume and under the present proposal made by the developer SIGNATURE STREET ADDRESS · Argyle, TX 76226 Argyle, TX 76226 ~ ~ Argyle,13 C> 0 ~a-eO, ~¢TX 76226 Ar~le, ~ 76226 - ' '~ - ~ t - ~.~le, ~ 76226 Pet~Uon of the Homeowners of the I-Tills of Argyle Page __ of 71, THE I-Ir[,LS OF ARGYLE v ,?/ We, the undersigned property owners and citizens of the City of Denton, Denton County, Texa~, who bmug qu~hfied voters m the C~ty of Denton, do hereby ~m× our s~gnatures, and say by affimng same that we are opposed to the dnlhng of any off or gas wells ms, de of the property boundaries that are recorded m the map and plats of The Hills of Argyle, An Addttmn to the Ctty of Denton, Denton Count)', Texas, according to the Plat thereofm Cabinet N, Page 321, or other page including Phase I, II, and 1II, Plat Records of Denton County, Texas, as proposed by the developer of the Hills of Argyle at ttus present tane and under the present proposal made by the developer ~~__ ~ STREET ADDRESS Argyle, TX 76226 Argyle, TX 76226 Argyle, TX 76226 TX 76226 Argyle, TX 762~-6' - ~ - Argyle, TX 7625-~ Argyle, TX 76226 Petmon of the Homeowners of the Ir. fils of Argyle Page of.__ PETITION FOR THE HOMEO~~~ THE HILLS .OF ARGY~I~~ We, the unders~ed property owners and at~zens of the C~y of Denton. Denton County, Texas, who being quol,~ed voters m the City of Denton, do hereby .t~x our s~onatt, res, by .ffixmg same that we are opposed to the drdlmg of any od or gas wells ms,de of the property boundaries that are recorded m the map and plats of The Hills of Argyle, An Addtt~on to the C~ty of Denton, Denton County, Texas, according to the Plat thereofm Cabinet lq, Page 321, or other page including Phase I, II, and HI, Plat Records of Denton County. Texas. as proposed by the developer of the Halls of Argyle at flus present ttme and under the present proposal made by the developer NAlVlE (Print Please/ ~ STREET ADDRESS / TX76226 ~le, TX 76226 ~le, TX 76226 ~le, TX 76226 ~le, TX 762~ ~ ~le, TX 76226 ~le, TX 76226 Pet~tton of the Homeowners of the I4_tlls of.argyle Page of__ 73. PETITION FOR THE HOME 1 '200' TI4R HILLS QF We, tho uM~8~ pmpe~ om~r~ ~d talens of~e C~ of Dento~ Denton Com~, Texas, who,b~g ~al~ed voters m tho C~ of Dento~ do hereby ~ our stratums, ~d ~y by ~g s~e th~ we ~e opposed w the d~g of~y off or gas wells ms,de of the prope~ bound~es t~t ~e record~ m the map ~d plats of The ~s of ~le, ~ Addmon to the C~W of Denton, Denton Count, Texas, ac~rdm~ to the Plat thereofm Cabinet N, Page 321, or o~er page mclud~g P~ I, H, ~d ~, Plat Records of Denton CounW, Texas, as proposed by the developer of~e ~s of~le at t~s present t~e ~d under the present propos~ made by developer NAME (Pnnt Pleasel SIGNATURE STREET ADDRESS Argyle, TX 76226 , ' ' - Argyle, TX 76226 ~le, TX'~6226 5 Argyle, TX 76226 6 Argyle, TX 76226 7 Argyle, TX 76226 PeUtlon of the Homeowners of the Hills of Argyle Page of__ 74. S \Our Documents\Ordmances\01\Gas Well Final Draft 11 21 01 doc ATTAC~¥[/[~T 5 ORDiNANCE NO AN ORDINANCE AMENDiNG CHAPTER 35, ZONING, OF THE CODE OF ORDiNANCES OF THE CITY OF DENTON, TEXAS, BY ADDiNG ARTICLE XII, REGULATiNG THE DRILLING AND PRODUCTION OF GAS WELLS WITHiN THE CITY, PROVIDING A PENALTY CLAUSE, PROVIDING A SAViNGS CLAUSE, PROVIDiNG FOR PUBLICATION, PROVIDiNG FOR SEVERABILITY, PROVIDiNG FOR REPEAL OF CONFLICTiNG PROVISIONS, PROVIDiNG A CUMULATIVE CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas, is a Home Rule Municipality located in Denton County, Texas, created m accordance with the provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas, and WHEREAS, the City Council of Denton, Texas, finds that the dnlhng and production of gas without proper regulations, may affect the health, safety, and general welfare of the public and may cause imminent destruction of property or injury to persons, and WHEREAS, the City Council of Denton, Texas, deems it necessary to enact a zoning ordinance to govern the dnlhng and production of gas within the corporate hmlts of the City of Denton NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Code of Ordinances of Denton, Texas, is hereby amended by addang a new article to Chapter 35, to be numbered Amcle XII, comprising new sections 35-501 through 35-518, winch reads as follows ARTICLE XII GAS WELL DRILLiNG AND PRODUCTION Sec 35-501 Purpose The dnlhng and production of gas wltinn the corporate limits of the City necessitate reasonable regulations to prevent imminent destruction of property or injury to persons and to make these activities conform to the City's comprehensive plan and development regulations This Arhclc implements reasonable regulations to protect the health, safety, and general welfare of the public and to accomplish the orderly and practical development of mineral resources Sec 35-502. Deflmt~ons All technical ~ndustry words or phrases related to the drilling and production of gas wells not specifically defined shall have the meanings customarily attributable thereto by prudent operators ~n the off and gas industry For the purposes of tins Article, the following defimtlons shall apply unleg-s the context clearly indicates or reqmres a different meaning 75 Abandonment means "abandonment" as defined by the Railroad Commission and includes the plugging of the well and restoration of the drill site as required by this Article Ctty means the City of Denton, Texas DRC means the Development Rewew Committee established by Section 34-5(b) of Chapter 34, Subd~vlslon Regulations, of the Denton City Code Drtlhng means any digging or bonng of a new well to develop or produce gas or to inject gas, water, or any other fluid or substance into the earth Drilling means and includes the re-entry of an abandoned well Dnlhng does not mean or include the re-entry of a well that has not been abandoned Drtll Stte means the area used for drilling, completing, or re-working a well Exploratton means geologic or geophysical activities, including, but not limited to surveying and seismic exploration, related to the search for off, gas, or other sub-surface hydrocarbons Fire Marshal means the Fire Marshal of the City of Denton, Texas Fire Code means the Fire Code, Chapter 29 of the Code of the City of Denton, Texas, as amended Gas means gas or natural gas, as such terms are used in the roles, regulations, or forms of the Railroad Commission Gas Well means any well drilled for the production of gas or classified as a gas well under the Texas Natural Resources Code Gas Well Permtt means a Gas Well Permit apphed for and issued or denied under thxs Artmle authorizing the dnlhng, production, and operation of one or more gas wells Hazardous Matertals Management Plan means the hazardous materials management plan and hazardous materials ~nventory statements reqmred by the Fire Code New Well means a new well bore or new hole established at the ground surface and shall not include the re-working of an existing well that has not been abandoned Operation Site means the area used for development and production and all related operational actlwtles of gas after dnlhng activities are complete Operator means, for each well, the person hsted on the Railroad Commxss~on Form W-1 or Form P-4 for a gas well 2 Person includes both the singular and plural and means a natural person, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, and a fiduciary or representative of any kind Petroleum Spectahst means a person familiar with and educated m the oil and gas industry who has been retained by the City Radroad Comm~sston means the Railroad Commission of Texas Well means a hole or bore to any horizon, formahon, or strata for the purpose of producing oil, gas, or other liquid hydrocarbons Sec 35-503 Gas Well Drllhng and Production "By Paght" (a) The drflhng and production of gas within the corporate hmtts of the City shall be permitted by right w~thm Agnanltural and Industrial Zomng D~stncts provided that no residential structure or place of assembly, institution or school exists no closer than five hundred feet (500') from the wellhead and provided that the drilling and production of gas meets the following requirements (1) All applicable standards forth m Sec 35-505 of this Article, Standard Conditions for Gas Well Dnlhng and Production (2) An approved Gas Well Development Plat and a Road Repair Agreement are on file w~th the Director, and (3) A Gas Well Permit has been issued by the Fire Marshal (b) The drllhng and production of gas within the corporate limits of the City shall be permitted by raght within AgnanlturaI and Industrial Zoning Districts if the property owner of a residential structure within two hundred and fifty feet (250') to five hundred feet (500') of the wellhead agrees in writing and provided that the dnlhng and production of gas meets the requirements of Sec 35-503(a)(1) through (3) and other requirements of th~s article Sec 35-504 Gas Well Drflhng and Production by Specific Use Permit or Planned Development D~smct, Apphcat~on and Requirements (a) No person, acting for himself or acting as an agent, employee, independent contractor, or servant for any person, shall engage m drflhng or production of a gas well within the corporate hm~ts of the City without first obtamlng e~ther a Specific Use Permit as required by this Article and by Sections 35-106 to 35-115 of Chapter 35, Zoning, of the Code of the C~ty of Denton, Texas or a Planned Development Zoning Dtstnct as required by this Article and by Sections 35-136 to 35-184 of Chapter 35, Zoning, of the Code of the City of Denton, Texas unless dnlhng is permitted by right pursuant to Sec 35-503 of th~s Art161e 77 (b) An application for a Specific Use Permit or Planned Development Zoning D~stnct for the dnllmg and production of a gas well shall be filed by the person having legal authority That person ~s presumed to be the record owner, mineral owner, or the duly authorized agent of e~ther the record owner or the m~neral owner The Choarman of the DRC may reqmre an applicant to submit information of authority to file an apphcatlon (c) The Chmrman of the DRC has the authority to establish requirements for apphcatlons in the Gas ~Vell Development Crtterm Manual No application shall be accepted for filing until ~t ~s complete and the fee established by the City Council of the C~ty of Denton has been paid Incomplete applications shall be returned less a fee for processing determined by the D~rector of Planning and Development See 35-505 Standards for Gas Well I)rllhng and Prodnetlun (a) The dnlhng and production of a gas well by right or the dnlhng and production of a gas well by a Specffic Use Permit or Planned Development Zoning District reqmred by th~s Article shall melude the following standards (1) Comphance wtth the Development Plat No dnlhng or production of a gas well shall begin until a Gas Well Development Plat that has been approved by the Chmrman of the DRC is on file with the Department that conforms to the reqmrements of See 34- 34, Development Plats of Chapter 34, Subdivision and Land Development of the Code of the C~ty of Denton, Texas a The gas well development plat shall prowde for adequate pubhc famhties, including water supply, access roads, drainage, erosion control and other necessary suppomng facilities ldentffied on the Gas Well Development Plat b The design, location, and arrangement of all driveways and parking spaces shall provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments c A Road Repmr Agreement shall be filed in the Department of Eng~neenng (2) On-stte requirements a A secured entrance gate shall be required Street hghtmg shall be reqmred pursuant to Section 26-76 of the Utihty Code of the Code of the City of Denton, Texas or the sxgn identifying the entrance to the drill site or operation rote shall be reflective b Fences shall not be reqmred on drill sites dunng initial dnlhng, completion, or re- work operations as long as 24 hour on site supervision is prowded 4 78 c Fences located on operation sites must remmn locked at all times when no one IS present d No refimng process, or any process for the extractmn of products from gas, shall be earned on at a drill s~te or operatmn site, except that a dehydrator and separator may be malntmned on a dnI1 sate or operation site for the separatmn of llqmds from gas Any such dehydrator or separator may serve more than one well Gas Processing Famhtaes shall reqmre a Specafic Use Permit e Permanent weatherproof s~gns readang "DANGER NO SMOKING ALLOWED" an a mmamum of four tach (4") lettenng shall be posted at the entrance of each dnll sate and operataon sate The sign shall anclude the phone number for emergency services (911), the number for the operator, and the well desagnatlon reqmred by the Rmlmad Commassmn an two inch (2") lettenng f No person shall place, deposit, or dascharge (or cause or permat to be placed, depomted, or dascharged) any ml, naphtha, petroleum, asphalt, tar, hydrocarbon substance, or any refuse, ancludlng wastewater or bnne, from any gas operation or the contents of any contmner used m cormectaon with any o~1 or gas operation anto, or upon any pubhc right-of-way, storm drmn, datch or sewer, samtary drmn or sewer, any body of water, or any private property wath~n the corporate hm~ts of the C~ty g All productaon eqmpment on an operataon sate shall be pmnted and mmntamed at all t~mes, mcludang pumpang umts, storage tanks, braidings, and structures h All electric lines to productmn facthtms shall be located an a manner compatible to those already anstalled an the surroundang areas or subdamslon All fire suppression and prevention eqmpment required by any apphcable federal, state, or local law shall be provaded by the operator, at the operator's cost, and mmntenance and upkeep of such eqmpment shall be the responslbdaty of the operator No operator shall excavate or construct any lanes for the conveyance of fuel, water, or manerals on, under, or through the streets or alleys or other land of the Caty without an easement or right-of-way license from the City, at a price to be agreed upon, and then only ~n strict comphance w~th th~s Artmle, w~th other ordanances of the C~ty, and w~th the specfficat~ons estabhshed by the Engmeenng Department k The daggmg up, breaking, excavatang, tunnehng, undermmang, breaking up, or damaging of any pubhc street or leavang upon any pubhc street any earth or other material or obstruction, ~s proh~bated unless the operator has first obtmned written permass~on from the Engineering Department, and then only m comphance wath slSemficataons estabhshed by the department 79 No Gas Well permit shall be issued for any well to be drilled within any of the streets or alleys of the C~ty and/or streets or alleys shown by the Denton Plan, 1999-2020 and no street shall be blocked or encumbered or closed due to any exploration, dnlhng, or production activities unless prior consent is obtmned by the City Manager, and then only temporarily (3) Operations and equlpment practtces and standards a Adequate nuisance prevention measures shall be taken to prevent or control offensive odor, fumes, dust, noise and vibration b Directional lighting shall be provided for the safety of gas well drIlhng and production operations and shall be provided so as to not disturb or adversely affect adjacent developments c The operator shall at all times comply with the rules and regulations of the Railroad Commission including but not limited to all applicable Field Rules d Internal combustion engines may be used in drilling operations if they have mufflers that will reduce noise to not more than 90 decibels at any point 300 feet from the boundary of the drill site or operation site Only electric motors shall be used for the purpose of pumping gas wells e There shall be no venting of gas into the open air in residential areas except as allowed by the Rmlroad Commission and as approved by the Fire Marshal f Vehicles, eqmpment, and machinery shall not be placed or located on a drill site or operation s~te (or on any public street, alley, driveway, or other pubhc right-of- way) in such a way as to constitute a fire hazard or to unreasonably obstruct or interfere with fighting or controlling fires g Only L~ght Sand Fracture Technology or technologies approved by the Fire Marshal ~n accordance with the Fire Code City shall be used to fracture stimulate a well h Fraclng operatmn shall be scheduled to occur during daylight hours unless the Operator has notified the Fire Marshal that fracmg will occur before or after daylight hours to meet safety requirements A~r, gas, or pneumatic drilling shall not be permitted (4) Storage tanks and separators a An operator is allowed to construct, use, and operate such storage equipment and s6paratlon equipment as shown on the typical well site, typical dnllmg pad, and 6 80 typmal pad s~te locations on the development plat approved by the Chmrman of the DRC b The use of centralized tank battenes ~s permitted as shown on the apphcable Gas Well Development Plat c No meters, storage tanks, separation famhtles, or other aboveground famhtles shall be placed ~n the 100-year floodplmn (5) Flow hnes and gatherzng hnes a Each operator shall place an identifying s~gn at each point where a flow hne or gathenng hne crosses a pubhc street or road b Each operator shall place a warning s~gn for hnes carrytng H2S (Hydrogen Sulfide) gas as reqmred by the Railroad Commlssmn c All flow hnes and gathenng hnes w~th~n the corporate hmlts of the C~ty (excluding C~ty utility hnes and franchise distribution systems) that are used to transport o11, gas, and/or water shall be hm~ted to the maximum allowable operating pressure apphcable to the p~pes ~nstalled and shall be ~nstalled w~th at least the mlmmum cover or backfill specffied by the American National Safety Instttute Code, as amended d Structures shall not be bmlt over flow hnes or gathenng hnes (6) Addlttonal safety and en¥lronmental requirements a The dnlhng and production of gas and accessing the gas well site shall be ~n comphance w~th all state and federal enwronmental regulations and shall not occur wlth~n Environmentally Sensitive Areas as shown on the Map adopted by the C~ty w~thout the consent of the C~ty Councd b Gas wells may have a target location or bottom-hole location that ~s under an Enwronmentally Senmtlve Area when the gas well ~s drilled d~rectmnally from a location outside the Enwronmentally Sensitive Area c Each well shall be eqmpped w~th an automated valve that closes the well in the event of an abnormal change in operating pressure All wellheads shall contmn an emergency shut off valve to the well dmtnbut~on hne d Each storage tank shall be eqmpped w~th a level control devtce that w~ll automatmally activate a valve to close the well m the event of excess hqmd accumulation ~n the tank 7 81 e All storage tanks shall be equipped with a secondary contalmment system including lining with an impervious material The secondary containment system shall be of a sufficient height to contain one-half (1 ½) times the contents of the largest tank in accordance with the Fire Code, and buried at least one foot (1') below the surface Drip pots shall be provided at pump out connection to contain the liquids from the storage tank f Tank battery facilities shall be equipped with a remote foam line and a hghtmng arrestor system g A Hazardous Matenals Management Plan shall be on file with the Fire Marshal h All wells shall be abandoned in accordance with the roles of the Rmlroad Commission, however, all well casings shall be cut and removed to a depth of at least ten feet (10') below the surface unless the surface owner submits a written agreement otherwise Three feet (3') shall be the minimum depth No structures shall be built over an abandoned well No salt-water disposal wells shall be located within the City of Denton k Llmng the reserve pit shall be required if the reserve p~t ~s within two hundred feet (200)' of a body of water, creek, or floodplaan (7) Supplemental drdlmg a Supplemental drilling to deepen or directional drill an existing well shall be conducted ~n accordance with the conditions for the applicable Specific Use Permit or Planned Development Zoning Dmtnct or underlying zomng classification that permits gas development by right The operator shall prowde the F~re Marshal a copy of additional Railroad Commission permits that allow dnlhng to a deeper depth b Supplemental drilling to deepen or directional drill an existing well shall be conducted in accordance with the approved Gas Well Permit for the well on file with the Fire Marshal (8) Dnlhng and production of gas wells shall comply with all federal, state, and local laws applicable to gas well dnlhng, production and operations Sec 35-506 DRC Recommendations for Specific Use Permits and Planned Development Zoning Districts (a) The Department shall forward all applications for Specific Use Permits and Planned Development Zoning Districts to the DRC for review The DRC shall review each 82 application within 30 days after filing and shall make recommendations regarding the applications to the Planning and Zoning Commission and City Council A copy of all recommendations shall be provided to the operator The DRC may make recommendations regarding any aspect of the proposed gas well development including, but not limited to, recommendations wtth respect to the standards set forth m Section 35-505 of this Artmle (b) In connection w~th ~ts rewew of an appllcatmn for a Specific Use Permit or Planned Development Zoning District for the dulhng and production of gas wells, the DRC may determine that ~t ~s necessary to h~re a petroleum specmhst to assist the DRC ~n rewewmg the apphcat~on If such a determination ~s made, the DRC will prowde the operator a written "scope of work" that the DRC proposes for such speclahst The DRC and the operator will attempt to agree upon the "scope of work", however, the decision of the DRC shall control If required by the spemahst, the operator wall prowde a retmner, otherwise, the operator will pay for the services of the specIahst after they are rendered All work performed by the speclahst shall be ~temized on a daffy basis (including a description of the work and the mount of time spent), and such ltermzation shall be prowded to the operator w~th each request for payment (c) The DRC has the authority to establish guidelines to use m making recommendations for Gas Well Permits or by Specffic Use Permit or Planned Development Zomng Districts Gmdehnes shall be placed ~n the Gas Well Development Crzter~a Manual See. 35-507 Gas Well Permit Required (a) Any person, acting for himself or acting as an agent, employee, ~ndependent contractor, or servant for any person, shall not engage ~n the dnlhng and production of gas wells within the corporate hmtts of the City without first obtmmng a Gas Well Permit ~ssued under th~s Article An operator may apply for and obtmn a separate permit covenng each well or a "blanket" permit covenng multiple wells (b) When a Gas Well Penmt has been ~ssued covenng a well, the permit shall constitute authority for dulling, operation, production, gathenng of production, mmntenance, repmr, re-working, testing, rote preparation consisting of rigs or tank batteries, plugging and abandonment, and any other activity authorized by th~s Article associated w~th dnlhng or productmn by the operator and their respective employees, agents, and contractors A Gas Well Permit shall also constitute authority for the construction and use of all facIht~es reasonably necessary or convement in connectmn therewith, including gathenng hnes and d~scharge hnes, by the operator and tts respective employees, agents, contractors and subcontractors (c) A Gas Well Penmt shall not be required for exploratton for gas Exploratmn of gas means geologic or geophysmal act~wt~es, including, but not hm~ted to surveying and semmlc exploration, related to the search for off, gas, or other sub-surface hydrocarbons 9 83 (d) Any well that has been annexed ~nto the City shall be reqmred to meet the requirements of tins Article and shall apply for a Gas Well Permit on the effective date of the annexation Any well that has obtmned a Gas Well Permit issued by the Fire Marshal prior to the effective date of thru Article shall provide all mformat~on reqmred for Gas Well Permits under th~s Article unless the ~nformat~on has been previously provided to the F~re Marshal Gas Well Penmts ~ssued by the F~re Marshal prior to the effective date of thru Artmle shall comply w~th the following requirements (1) Standards for Gas Well Dnlhng and Production reqmrements of Sec 35-505 (2) Insurance and Security reqmrements of Sec 35-508 and Sec 35-509 (3) Penodm reports as reqmred by Sec 35-512 of thru Article (4) Road Maintenance Agreement unless already provided (5) Notme of Acttvlty reqmrements of Sec 35-513 (e) A Gas Well Penmt shall not, however, constitute authority for the re-entenng and dnlhng of an abandoned well Re-entry and dnlhng of an abandoned well shall reqmre a new Gas Well Permit (f) Apphcat~ons for Gas Well Permits shall be in writing, shall be on forms prowded by the Department, shall be signed by the Operator, shall ~nclude the apphcatmn fee, shall mclude a copy of the apphcable Specffic Use Permit or Planned Development Zomng D~stnct or Development Plat, and shall include the ~nformat~on reqmred by the Gas t~ell Development Crtterza Manual unless such information has been prewously provided to the C~ty See 35-$08 Insurance and Indemmfieat~on The operator shall prowde or cause to be prowded the insurance described below for each well for which a Gas Well Permit ~s issued, such insurance to continue untd the well is abandoned and the site restored The operator may provide the reqmred coverage on a "blanket bas~s for multiple wells" Such coverage shall be approved by the Rask Manager for the C~ty of Denton (a) General Reqmrements Indemmficatmn and Express Negligence Prov~smns (1) Each Gas Well Permtt ~ssued by the F~re Marshal shall include the following language Operator does hereby expressly release and discharge, all clmms, demands, actions, judgments, and executions whmh it ever had, or now have or may have, or assigns may have, or clmm to have, agmnst the City of Denton, and/or ~ts departments, it agents, officers, servants, successors, assigns, sponsors, volunteers, or employees, created by, or arising out of personal injuries, known or unknown, and Injuries to property, real or personal, or in any way ~nmdental to or m connectmn with the performance of the work performed by the operator under a gas well permit and the operator caused by or arising out of, that sequence of events which occur from the operator under the Gas Well Permtt and work performed by the operator shall fully defend, 10 84 protect, ~ndemmfy, and hold harmless the C~ty of Denton, Texas, and/or ~ts departments, agents, officers, servants, employees, successors, assigns, sponsors, or volunteers from and agmnst each and every claim, demand, or cause of actmn and any and all hab~hty, damages, obhgat~ons, judgments, losses, fines, penalties, costs, fees, and expenses ~ncurred ~n defense of the C~ty of Denton, Texas, and/or ~ts departments, agents, officers, servants, or employees, ~nclud~ng, w~thout hm~tatmn, personal ~njunes and death ~n connection therewtth whmh may be made or asserted by Operator, ~ts agents, asmgns, or any third part,es on account of, arising out of, or ~n any way ~nc~dental to or ~n connection w~th the performance of the work performed by the Operator under a Gas Well Permit and, the Operator agrees to mdemmfy and hold harmless the C~ty of Denton, Texas, and/or ~ts departments, and/or ~ts officers, agents, servants, employees, successors, assigns, sponsors, or volunteers from any hab~ht~es or damages suffered as a result of clmms, demands, costs, or judgments against the C~ty and/or, ~ts departments, ~t's officers, agents, servants, or employees, created by, or arising out of the acts or omissions of the C~ty of Denton occurnng on the dr~ll s~te or operation s~te ~n the course and scope of ~nspectmg and penmtt~ng the gas wells INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART PROM THE SOLE NEGLIGENCE OF THE CITY OF DENTON OCCLrRRNG ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE GAS WELLS IT IS UNDERSTOOD AND AGREED THAT THE INDEMINITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE CITY OF DENTON, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYES FROM THE CONSEQUENCES OF THENEGLIGENCE OF THE CITY OF DENTON, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH, AND/OR DAMAGE LIABILITY FOR THE SOLE NEGLIGENCE OF THE CITY IN THE COURSE AND SCOPE OF ITS DUTY TO INSPECT AND PERMIT THE GAS WELL IS LIMITED TO THE MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT (2) Ail pohmes shall be endorsed to read "th~s pohcy wall not be cancelled or non- renewed w~thout 30 days advanced written not,ce to the owner and the C~ty except when th~s pohcy ~s being cancelled for nonpayment of premium, m whmh case 10 days advance written notice is required" (3) L~abfl~ty policies shall be written by carriers hcensed to do bus~ness ~n Texas and w~th companies w~th A VIII or better rating ~n accordance w~th the current Best Key Rating Grade, or w~th nonadmltted earners that have a financml rating comparable to camers hcensed to do bus~ness ~n Texas approved by the C~ty (4) Llablhty pohc~es shall name as "Add~ttonal Insured" the C~ty and ~ts officials, agents, employees, and volunteers 11 85 (5) Certificates of insurance must be presented to the City evidencing all coverage's and endorsements required by th~s Section 35-508, and the acceptance of a certfficate without the required hmlts and/or coverage's shall not be deemed a wmver of these requirements (6) Clmms made pohmes will not be accepted except for excess pohcles or unless otherwise prowded by th~s Article (b) Reqmred Insurance Coverage's (t) Commercml General Liability Insurance (a) Coverage should be a minimum Combined S~ngle Limit of $1,000,000 per occurrence for Bodily InJury and Property Damage Th~s coverage must ~nclude premises, operations, blowout or explosion, products, completed operations, blanket contractual liability, underground property damage, broad form property damage, independent contractors protective liability and personal injury (b) Environmental Impmrment (or Seepage and Pollutmn) shall be either included in the coverage or written as separate coverage Such coverage shall not exclude damage to the lease site If Environmental Impairment (or Seepage and Pollutmn) Coverage is written on a "clmms made" basra, the policy must provide that any retroactive date apphcable precedes the effective date of the ~ssuance of the permit Coverage shall apply to sudden and non-sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkahs, toxic chemicals, hqmds or gases, waste material or other lmtants, contaminants or pollutants (2) Automobile L~abthty Insurance Mxmmum Combined Single Limit of $500,000 per occurrence for Bodily InJury and Property Damage Such coverage shall include owned, non-owned, and h~red vehicles (3) Worker's Compensation Insurance In addition to the minimum statutory reqmrements, coverage shall include Employer's Lxab~hty hmlts of at least $100,000 for each accident, $100,000 for each employee, and a $500,000 policy hm~t for occupattonal disease, and the xnsurer agrees to waive rights of subrogation against the City, its officials, agents, employees, and volunteers for any work performed for the City by the operator (4) Excess (or Umbrella) Llablhty Insurance Minimum hmlt of $10,000,000 covenng in excess of the preceding insurance pohcles (5) Control of Well Insurance (a) M~mmum hmlt of $5,000,000 per occurrence 12 86 (b) Pohcy shall cover the Cost of controlling a well that is out of control, Rednlhng or Restoration expenses, Seepage and Pollution Damage Damage to Property in the Operator's Care, Custody, and Control with a sub-llm~t of $500,000 may be added Sec 35-509 Securtty (a) A security ~nstmment that covers each well must be delivered to the Fire Marshal before the issuance of the Gas Well Permit for the well The instrument must prowde that it cannot be cancelled w~thout at least thirty 30 days' prior written notice to the City and, if the ~nstmment is a performance bond, that the bond cannot be cancelled without at least ten 10 days' prior written notme for non-payment of premium The ~nstrument shall secure the obhgatmns of the operator related to the well to (1) Repair damage, excluding ordinary wear and tear, if any, to public streets, including but not limited to bridges, caused by the operator or by the operator's employees, agents, contractors, subcontractors or representatives in the performance of any act~wty authorized by or contemplated by the Gas Well Permit, (2) Comply with the insurance and security provisions set forth ~n Sectmn 35-508 and Section 35-509 ofth~s Article, and (3) Pay fines and penalties imposed upon the operator by the City for any breach of the Gas Well Permit (b) The security instrument may be in the form of an irrevocable letter of credit or payment bond ~ssued by a bank or surety approved by the City The instrument shall run to the C~ty for the benefit of the City, shall become effective on or before the date the Gas Well Permit ~s msued, and shall remmn in effect until the well ~s abandoned and the site restored (c) A certificate of deposit may be substituted for the letter of credit or payment bond The certfficate shall be ~ssued by a bank in Denton County, Texas, shall be approved by the C~ty, shall be payable to the order of the C~ty to secure the obhgatlons of the operator described above, and shall be pledged to the bank with ewdence of delivery prowded to the D~rector of Planning and Community Development Interest on the certificate shall be payable to the operator (d) The security ~nstrument may be provided for mdlwdual wells or on a "blanket" basis for multiple wells The amount of the security shall be a mimmum of $50,000 for any single well and a m~mmum of $100,000 for multiple wells on a "blanket" basis 13 87 (e) The security will terminate when the Gas Well Permit is transferred, with respect to the operator-transferor and if the operator-transferee provides replacement security that complies with this section, when the well is abandoned and the site restored, and when the Fire Marshal consents in writing to such termlnatmn (f) An appeal of the determination of the amount of security required under this Article may be made to the Planning and Zoning Commlsaon for recommendation to the City Council for final determination of the amount of security See 35-511 Review Of Apphcations For Gas Well Permit (a) All applications for Gas Well Permits shall be filed with the Department who shall immediately forward all applications to the DRC for review Incomplete applications shall be returned to the applicant, in which case the C~ty shall prowde a written explanation of the deficlenmes if requested by the applicant The City shall retmn a processing fee determined by the D~rector of Planning and Development The City may return any application as incomplete if there is a dispute pending before the Railroad Comm~sslon regarding the determination of the operator (b) The DRC shall review each application within 15 days after fihng and shall determine whether the apphcatlon includes all of the information required by this Article, whether the appheatlon is in conformance with the applicable Gas Well Development Plat, applicable Specific Use Permit or Planned Development Zoning District and whether the appheatlon is m conformance w~th the insurance and security requirements set forth in Sectaon 35-508 and Section 35-509 of this Article The DRC shall forward a written report regarding ~ts determination to the Fire Marshal, w~th a copy provided to the operator (c) The F~re Marshal shall review the apphcat~on and the written report of the DRC and shall issue the Gas Well Permit after receiving the DRC report within 10 days unless he determines that the application is incomplete or that the apphcatlon ~s not in conformance with the applicable Gas Well Development Plat, apphcable Specific Use Permit, Planned Development Zomng District The Fire Marshal may employ a technical advisor under the Fire Code (d) The Fire Marshal may condmon the release of the approved Gas Well Permit upon the operator providing the security required by Section 35-509 of this Artmle and upon the operator entenng into a Road Repmr Agreement that will obligate the operator to repair damage excluding ordinary wear and tear, if any, to public streets, ~ncludlng but not limited to, bridges caused by the operator or by the operator's employees, agents, contractors, subcontractors or representatives m the performance of any activity authorized by or contemplated by the approved Gas Well Permit (e) The failure of the DRC or the Fire Marshal to review and issue a Gas Well Permit within the time hmlts specified above shall not cause the apphcatlon for the permit to be deemed approvetf 14 88 (f) Each Gas Well Permit issued by the Fire Marshal shall (1) Identify the name of each well and its operator, (2) Specify the date on which the Fire Marshal issued each permit, (3) Specify the date by which drflhng must commence on at least one well covered by the permit otherwise the permit expires (such date shall not be less than one year after the date of issuance) A one year extension of time may be granted ff existing condmons are the same, (4) Specify that ~f drflhng is commenced on at least one well covered by the permit before the permit expires, the permit shall continue until the wells covered by the permit are abandoned and the site restored, (5) Incorporate, by reference, the insurance and security reqmrements set forth in Section 35-508 and Section 35-509 of this Article, (6) Incorporate, by reference, the reqmrement for penodm reports set forth in Sectmn 35-512 of thru Article and for Notme of Activities set forth in Sec 35-513, (7) Incorporate the full text of the release of habfl~ty provisions set forth ~n Section 35-508(e)(1) ofth~s Artmle, (8) Incorporate, by reference, the conditions of the applicable Development Plat, apphcable Specific Use Permit or Planned Development Zoning D~stnct (9) Incorporate, by reference, the ~nformatlon contmned ~n the permit apphcatton, (10) Incorporate, by reference, the apphcable rules and regulations of the Rmlroad Comm~ssmn, including the applicable "field rules", (11) Specify that no drilling operations (including the constmctmn of internal private access roads) shall commence until the operator has provided the security required by Section 35-509 of thru Article, (12) Contain the name, address, and phone number of the person designated to receive notmes from the C~ty, which person must be a resident of Texas that can be served in person or by registered or certified mml, and (13) Incorporate by reference all permits and fees required by the Fire Code (g) The dec,stun of the F~re Marshal to deny an apphcatlon for a Gas Well Permit shall be provided to the operator in writing w~thin 10 days after the decision, including an 15 explanation of the basis for the decision, if requested by the operator The operator may appeal any such denial to the Construction Review Board (h) If an apphcation for a Gas Well Permit is denied by the Fire Marshal, nothing herein contained shall prevent a new permit apphcat~on from being submitted to the City for the same well See 35-512 Periodic Reports (a) The operator shall notify the Fire Marshal of any changes to the following information immediately, within one business day after the change occurs (1) The name, address, and phone number of the operator, (2) The name, address, and 24-hour phone number of the person(s) with supervisory authority over drilling or operations activities, (3) The name, address, and phone number of the person designated to receive notices from the City, which person must a resident of Texas that can be served in person or by registered or certified mail, and (4) The operator's Emergency Action Response Plan including "drive-to-maps" from public nghts-of-way to each drill site (b) The operator shall provide a copy of any "Inmdent reports" or written complaints submitted to the Ralkoad Commission or any other state or federal agency within 30 days after the operator has notice of the existence of such reports or complaints (c) Begmmng on December 31st after each well is completed, and continuing on each December 31st thereafter until the operator notifies the Fire Marshal that the well has been abandoned and the site restored, the operator shall prepare a written report to the Fire Marshal identifying any changes to the information that was Included in the apphcation for the applicable Gas Well permit that have not been previously reported to the City See 35-513 Notice of Aet~vmes Any person who intends to re-work a well using a dnlhng rig, to fracture stimulate a well after imtial completion, or to conduct seismic exploration revolving explosive charges shall give written notice to the City at least 10 days before the activities begin The notice shall identify where the activities wdl be conducted and shall describe the activities in reasonable detail, including but not limited to the duration of the activities and the time of day they will be conducted The notice must also provide the address and 24-hour phone number of the person conducting the activities The person conducting the activities will post a sign on the property giving the public notice of the activities, including the name, address, and 24-hour phone number of the person conducting the activities If the City determines that an inspection by the Fire Marshal is necessary, the operator will pay the City's customary charg'~ for the Inspection 16 90 Sec 35-514 Amended Gas Well Permits (a) An operator may submit an appheatlon to the Fire Marshal to amend an existing Gas Well Permit to commence dnlhng from a new drill site that ts not shown on (or incorporated by reference as part of) the existing permit, to relocate a drill site or operation site that is shown on (or incorporated by reference as part of) the existing permit, or to otherwise muend thc existing permit (b) Applications for amended Gas Well Permits shall be m writing, shall be on forms provided by the Department of Planmng and Community Development, shall be signed by the operator, and shall include the following (1) The application fee as set by City ordinance, (2) A description of the proposed amendments, (3) Any changes to the information submitted with the apphcatlon for the existing Gas Well Permit 0f such information has not previously been provided to the City), (4) Such additional reformation as ~s reasonably required by the Fire Marshal to demonstrate compliance wlth the applicable Development Plat, apphcable Specffie Use Pernut or Planned Development Zoning D~stnct, and (5) Such additional information as is reasonably reqmred by thc F~re Marshal to prevent imminent destruction of property or injury to persons (c) All apphcatlons for amended Gas Well Permits shall be filed w~th the Department of Planning and Community Development, and thc department shall ~mmedlately forward all applications to the F~re Marshal for review Incomplete applications may be returned to the applicant, in which case the City shall provide a written explanation of thc defimenmes, however, the City may retain a processing fee as determined by the F~re Marshal The C:ty may return any apphcat~on as mcompletc if there is a dispute pending before the Rmlroad Comm~smon regarding the determination of the operator (d) If the activities proposed by the amendment are not materially different from the actlmt~es covered by the ex:stlng Gas Well Permit, and 1£ thc proposed activities are m conformance w~th the applicable Development Plat, applicable Specific Use Permit, Planned Development Zoning District, then the Fire Marshal shall approve the amendment within 10 days after the apphcat~on ~s filed (e) If the actlwtms proposed by the amendment are materially d~fferent from the activities covered by the existing Gas Well Permit, and if the proposed activities are m conformance with the applicable Development Plat, apphcable Specific Use Permit or Plarmed Development Zoning D~strmt, then the Fire Marshal shall approve the amendment within 30 days after the application is filed If, however, the activities 17 91 proposed by the amendment are materially different and, In the judgment of the Fire Marshal, might create a risk of imminent destruction of property or injury to persons that was not associated with the actumtles covered by the exmtmg permit or that was not otherwise taken into consideration by the existing permit, the Fire Marshal may require the amendment to be processed as a new Gas Well Permit application (f) The failure of the Fire Marshal to review and issue an amended Gas Well Permit within the time limits specified above shall not cause the application for the amended permit to be deemed approved (g) The decision of the Fire Marshal to deny an amendment to a Gas Well Permit shall be provided to the operator in writing within 10 days after the decision, including an explanation of the basis for the decision The operator may appeal any such denial to the City Council Sec. 35-$15 Transfer Of Gas Well Permits A Gas Well Permit may be transferred by the operator without the consent of the City if the transfer is in writing signed by both parties, if the transferee agrees to be bound by the terms and conditions of the transferred permit, if all information previously provided to the City as part of the application for the transferred permit is updated to reflect any changes, if the transferee provides the insurance and security required by Section 35-508 and Section 35-509 of this Article The insurance and secunty provided by the transferor shall be released if a copy of the written transfer is provided to the City The transfer shall not relieve the transferor from any liability to the City arising out of any activities conducted prior to the transfer See 35-516 Remedies Of The City. (a) If an operator (or its officers, employees, agents, contractors, subcontractors or representatives) fmls to comply with any requirement of a Gas Well Permit (including any requirement incorporated by reference as part of the permit), the Fire Marshal shall give wntten notice to the operator specifying the nature of the alleged failure and g~ving the operator a reasonable time to cure, taking into conmderatlon the nature and extent of the alleged failure, the extent of the efforts required to cure, and the potential impact on the health, safety, and welfare of the community In no event, however, shall the cure period be less than 30 days unless the alleged failure presents a risk of imminent destruction of property or injury to persons or unless the alleged failure involves the operator's failure to provide penodm reports The Fire Marshal may issue a Stop Work Order under the Fire Code (b) If the operator does not cure the alleged failure w~thln the time specified by the Fire Marshal, the Fire Marshal may notify the Rmlroad Commission and request that the Railroad Commission take appropriate action (with a copy of such notice provided to the operator), and the City may pursue any other remedy avmlable under this Article 18 92 (c) If the operator does not cure the alleged failure w~thm the time specified by the Fire Marshal, the F~re Marshal may upon recommendatmn of the Construction Advisory Board (1) Recommend to the City council that the Gas Well Permit be suspended until the alleged failure is cured, or, (2) If the operator fails to ~mtlate and dthgently pursue a cure recommend to the C~ty counml that the Gas Well Permit be revoked (d) The decision of the Fire Marshal to recommend suspension or revocation of a Gas Well Permit shall be prowded to the operator in writing at least ten (10) days before any action by the City Counml (e) If a Gas Well Permit is revoked, the operator may submit an apphcatlon a new Gas Well Permit for the same well See. 35-517_. Enforeeraent, Paght of Entry The Fire Marshal is authorized and directed to enforce tbas Article and the provisions of any Gas Well Permit Whenever necessary to enforce any prowslon of tbas Article or a Gas Well Permit, or whenever there ~s reasonable cause to believe there has been a vlolatmn of th~s Article or a Gas Well Permit, the F~re Marshal, or bas designated representative, may enter upon any property covered by thru Article or a Gas Well Permit at any reasonable t~me to ~nspect or perform any duty imposed by this Article If entry is refused, the Ctty shall have recourse to every remedy provided by law and eqmty to gain entry See 35-518_ Penalty (a) It shall be unlawful and an offense for any person to do the following (I) engage m any act~mty not permitted by the terms of a Gas Well Permit ~ssued under flus Article, (2) fml to comply with any conditions set forth m a Gas Well Permit issued under tbas Article, or (3) wolate any provision or reqmrement set forth under this Article (b) Any wolat~on of tbas Article shall be punished by a fine of not more than Two Thousand Dollars ($2,000 00) per day, subject to applicable State law Each day a wolat~on occurs constitutes a separate violation SECTION 2 All rights and remedies of the C~ty of Denton, Texas, are expressly saved as to any and all vmlatmns of the provisions of any other ordinance affecting gas dnlhng and productmn wbach existed at the t~me of the effective date of this Article, and, as to such accrued v~olatlons and all pending ht~gat~on, both civil and criminal, whether pending in court or not, 19 93 under such ordanances, the same shall not be affected by th~s Artmle but may be prosecuted until final d~sposttmn by the courts SECTION 3 It ~s hereby declared the ~ntentmn of the C~ty Council that ~f any section, paragraph, sentence, clause, or phrase of th~s Ordinance ~s declared unconstitutional or otherwtse ~llegal by the vahd judgment or decree of any court of competent junsd,ct~on, such event shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of tlus , since the same would have been enacted by the City Councd w~thout such unconstitutional or ~llegal phrase, clause, sentence, paragraph, or section SECTION 4 Th~s Article shall be cumulative of all provlsmns of ordinances of the C~ty except where the prowsmns of th~s Article are mdtrect conflmt w~th the prows~ons of such ordinances, m whmh event the conflicting prows~ons of such ordinances are hereby repealed SECTION 5 Th~s Ordinance shall become effective 14 days from the date of~ts passage, and the C~ty Secretary is hereby d~rected to cause the caption of thts Article to be published twine ,n the Denton Record-Chromcle, a dmly newspaper publ,shed m the C~ty of Denton, Texas, w~ttun 10 days from the date of ~ts passage PASSED AND APPROVED this the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 20 94 AGENDA INFORMATION SHEET N0 AGENDA DATE: December 4, 2001 DEPARTMENT: Planning Department CM/DCM/ACM: Dave Hill, 349-8314~ SUBJECT - SI01-0011 (Gas Well -Subdtvtston Ordtnance) Hold a public hearing to consider an ordinance amending Chapter 34, Subdivision and Land Development Regulations of the Code of the City of Denton, Texas, to add regulations relating to gas well development The Planning and Zoning Commission recommends approval (5-0-1, Kelth abstained) BACKGROUND This item is being brought forward because of the recent advent of natural gas well development in the C~ty of Denton and its Extratemtonal Jurisdiction The existing regulations are ill suited to address this type of development and therefore, the Zoning Ordinance (See SI01-0011 - Gas Well Code Amendment Staff Report) and Subdivision Regulations will need to be amended ~ Subdivision Regulations. The current regulations require that all property within the city limits and division one ETJ be platted prior to development The mechanism currently being utilized for this type of development is the Development Plat Thc existing Development Plat regulations do not address the unique issues related to gas development, therefore staff is proposing the creation of a Gas Well Development Plat with specific regulations addressing gas well development In adchtlon to the general requirements of a development plat, the new regulations require additional information specific to gas development The proposed regulations also prohibit gas development in floodplains, ensure compatibility with future roadways, require a Road Repair Agreement and require the identification of all structure within 500 feet of the property ~ Notice of the public hearing was placed in the Denton Record-Chromcle on Saturday, November 17, 2001 OPTIONS I Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item RECOMMENDATION The Planning and Zoning Commission recommends approval (5-0-1, Kelth abstained) of this request w~th the following conditions 1 Rewse SEC 34-34(d)(4) to read, Reserve pits closer than 200' of a floodplain, lake, creek or stream shall be lined to prevent water pollution (Added "to prevent water pollution" to clarify the purpose of the lining ) 1 2 Revise SEC 34-34(d)(6) to read, Prior to approval of a gas development plat or permit, a Road Repmr Agreement, that w~ll obhgate the operator to repair damage to public streets including but not hmlted to bridges, caused by the operator (or by the operator's employees, agents, contractors, or representatives) ~n the performance of any actlwty authorized by or contemplated by the approved Gas Well Permit must be executed by the City of Denton The C~ty manager shall have the authority to enter into the Road Repmr Agreement (Added "or permit" to first sentence to provide additional flexibthty in timing of obtmnmg a road repmr agreement) The Planning and Zoning Commissions recommendations have been incorporated into the final draft ordinance ESTIMATED PROJECT SCHEDULE N/A PRIOR ACTION/REVIEW The following is a chronology of SI01-0011 related to gas well subdivision regulations November 14, 2001 Planning and Zomng Public Heanng FISCAL INFORMATION None ATTACHMENTS 1 Planmng and Zomng Commmmon Reports November 14, 2001 2 Planmng and Zoning Commission minutes from November 14, 2001 3 Draft Ordinance Respectfully submitted Director of Planmng and Development Prepared by t Director of Planning and Development Attacb. raent 1 Agenda Number- 01 0030 Agenda Item - # 18 Date - 11 14 01 S101.0011 (CODE AMENDMENTS) PLANNING & ZONING STAFF REPORT PURPOSE: Hold a pubhc hearing to consider making a recommendabon to C~ty Council regarding an ordinance amending Chapter 34, Subd~wsson and Land Development Regulations of the Code of the C~ty of Denton, Texas, to add regulations relabng to gas well development SUMMARY & ANALYSIS: Th~s ~tem Es the second of ~vo amendments to the Code of the Csty of Denton related to gas development On September 26, 2001 and October 10, 2001, the Planning and Zoning CommEss~on recommended approval of an ordsnance amending Chapter 35 "Zoning Ordinance" related to gas well development The proposed ordinance (Enclosure 1) amends Chapter 34, "Subdivision and Land Development Regulations" related to the platting of property assoc;ated w~th gas development The ex~stmg regulabons reqmre that all property w~thm the c~ty hm~ts and d~vsslon one ETJ be platted prior to development The mechamsm currently being ubhzed for th;s type of development is the Development Plat The ex~$tmg Development Plat regulations do not address the umque ~ssues related to gas development, therefore staff is proposing the creation of a Gas Well Development Plat w~th spec~flc regulabons addressing gas well development In adder;on to the general requ;rements of a development plat, the new regulations require additional ~nformat~on spec~flc to gas development The proposed regulations also prohibit gas development ;n floodplains, ensure compatlblhty w~th future roadways, require a Road Repair Agreement and require the identification of all structure w~thm 500 feet of the property ^ssum~ng that the Commission forwards a recommendation on the proposed ordinance, the amendments to Chapter 35 and 34 are tentatively scheduled for C~ty Council on December 4, 2000 The firm of Stasburger and Price, Attorneys at Law, has reviewed the attached ordinance and recommended minor changes that have been incorporated ~nto ordinance ALTERNATIVES: 1 Recommend approval as submitted 2 Reoommend approvalw~th conditions 3 Recommend demal 4 Postpone cons~derabon 5 Table ~tem ENCLOSURES: 1 Ordinance amending Chapter 34, Subdivision and Land Development Regulabons Attachment 2 M - -~, .... Page 191 I to make a moUon If thexe's 1 lookmg for tho property line, adJacent property owners, 2 2 and that type of reformation In addition, as I sald, the 3 ~o speak 3 truck routes, identify the ESAS and the flood plains And 4 ~ce 4 we are proposing still to mmntam that no development 5 t Zoning 5 occurs m the flood plain but flood plains, creeks, and 6 a s~te plan 6 streams can be crossed, and that that design be designed 7 7 to a ten-year storm That we get sufficient drainage 8 8 studies to indicate that it has been designed to the 9 9 ten-year storm and it's not going to affect any adjacent 10 10 properties 11 11 Show the location of structures within 500 12 12 feet Identify where the water is coming from Identify 13 the method of erosion control around these sites Provide 14 the typical well schematics of how they're going to be set In iix'or> that yell bnng us to Item No 15 up, how they're going to be developed Then identify any 16 18 on our Ag~&, ff I reid the right Agenda ~tem here 16 of the plpehues for the gas distnbutaon systems 17 Item No 18 ~s :o hold a public heanag and consider 17 The plat, It is anticipated -- the Code 18 makaag a recommendaUon to the City Councd regarding an 18 does give the authority to the Development Review 19 ordinance amerdmg Chapter 34, Subdivision and Land 19 Committee to approve minor plats And nnnor plats are 20 Development Ragulat~oas of the Code of the City of Denton, 20 identified as those plats that don't require public 21 Texas, to add regulauons related to gas well development 21 infrastructure We anticipate that the majority of these 22 Tbs is stol 0o: oas Well - Subd~visaon Ordinance Mr 22 will not, If not all of them, will not reqmre any 23 R~chhart will Fresent 23 Infrastructure nuprovements by the applicant, water, 24 Ma.r~Ic'mt.~? ?hankyou Wbenthegas 24 sewer, anddratnage So we anttctpate that they wfll he 25 well developmmt f'nm came forward, staff ~denufied two 25 approved at a staff level And I'd be happy to answer Page 190 Page 192 I secuoas of the Code flint would need to be ldentffied I any questions 2 Section 35 ~s the zo~aag that dealt wth the land use and 2 COMMISSIONER RISHEL comm~smoners, any 3 ~s Commissure has forwarded an ordinance to City Council 3 questions of -- Mr Mulroy, Commassioner Mulroy 4 regard]agtbeus¢ !,,r~d ase of gas development This 4 COMMISSIONERMULROY Yeah Larry, would 5 Section 34 relazs to ~ Subdivision Regulaaans And 5 you educate me a httle bit on the Item No 2, the roadway 6 currently m our regtthuons there Is a secUon regarding 6 component of the Mobility Plan9 I'm not familiar with 7 dexelopment plats 7 that What's the roadway component reqmre9 8 Staffs mrea'pmtaUon of gas development 8 MR REICHHART The map that Mr Salmon had 9 ~s that, one, u is de~.~lopment, but it ~s not thc 9 JUSt shown, it shows where the future roads will be And 10 ultnnata develoTmen~. And, typically, tins type of 10 one good example is the furore extenston of Loop 288 is 11 dex elopment does net require thc extension of water, 11 gmng through nght where a lot of flus gas well 12 sewer, or major mad ampmvemants But there am issues 12 development is currently proposed And what we're trying 13 that need to be ~maly~d for th~s developmeet One ts 13 to do is coordinate that development ~o that we don't have 14 adjacency to flccd plains, what ave the adjacent uses, 14 gas wells in the middle of a future right-of-way, if we 15 what roads yell oe uffl:zed to get th~ equ~pmeut and 15 can do that 16 tnlcks Into the s ~ m-e they constructed to such a 16 COMMISSIONER MULROY Okay Thank you 17 standard to w~l.~'mnd the rmpact of that transportauen? 17 Next, on Item 6, we have pnor to the approval of the 18 In tl~ enck~stue Is an orthnancc 18 development plat, the road repair agreement IS reqmred9 19 ~demffym8 wbe~ we'n~ Uymg to accommodate Basically, 19 Would that work as well or possibly a little better to put 20 what we're ask.~g for as that th~ development plat be 20 that, tie that with the penmt rather than the plat9 I 21 brought forward - time am some requa'ements, I already 21 mean, you may have an instance where someone does plat 22 ~denufied what ~ nxtuned m a preIenmavd plat, and 22 then' property and their potential well sites, but may not 23 that s what we'~ looking for, that level of detail 23 pull a permit for SlX months or a year 24 Typxaily there won't lm a need to show 24 MR SNYDER would a permit he required in 25 any ut~hties because none are proposed, but we ~e 25 the ETJ? I don't remember what the other ordinance said PLANNING AND ZONING COM~ [ 14, 2001 Page 189 - Page 192 4 CondcnsoltTM Page 193 Page 195 I MR REICHHART I don't believe that -- I pollution so that we qualify the hmng We're not 2 what we've required m the ETJ is the development plat 2 qualifying exactly what kind of hmng it has to be but it 3 MR SNYDER SO to answer your question 3 has to be sufficient to prevent -- 4 then, Conumsstoner Mulroy, would be that that would be a4 COMMISSIONER MUEROY Performance 5 problem m the ETJ to tie tt to the pernut because a 5 MR SNYDER TO attempt a performance 6 pernut wouldn't be required 6 standard hke that 7 COMMISSIONER MULROY okay Because I 7 COMMISSIONER KEI~ Okay Let's move on 8 beheve we have, m our perrmt language, we talk about the8 down to, okay, No 5 Why ts tlus -- okay, with the 9 road repan, agreement We require that as part of our 9 exception of vehicular access, no development ts allowed l0 perrmt and our ordnance requires it as part of the 10 m the flood plain Does this -- where did tins originate 11 permtt 1 1 out of9 12 MR SNYDER well, we could, I guess, 12 MR REICHHART well, I think the dlrecnon 13 mo&fy ttus language to say that for property located 13 that the Commprehenstve Plan set forth that we are trying 14 w~th~n the City, it would be at the time of permit ratber 14 to protect our ftood pitons, and one of the ways to do 15 than the trine of development plat 15 that ts not to allow development tn the flood plato and 16 COMMISSIONER MULROY I beheve that's 16 let them be utilized for what naturally has occurred is to 17 right 17 prevent flooding or that's the area the water goes dunng 18 MR REICHHART what we can do ls 18 aflood 19 coordtnat~ those And if the intent of the Commission is 19 COMMISSIONER RISHEL Not by right but 20 to delay that to a more appropriate time, we'l! take that 20 maybe as an sue, also 21 rote oon$1deratlon If we can tie tt back rote the 21 MR REICHHART well, this ts -- no, m the 22 pernut, we vail do that I would say give us the 22 ETJ, tt would not be pernutted 23 dn'ectton you want to go and we'll revise the ordinance 23 COMMISSIONER K~ITH Okay They wouldn't 24 accordingly 24 be allowed to drill even m the ETJ area? 25 COMMISSIONER MULROY okay I would look 25 MR REICHHART In the flood plains We Page 194 Page 196 I to the Char and other Commtssleners on then' ideas I beheve that we have thc ability to protect the water 2 Thank you 2 quality witlnn the Exl And that not allowing th~ 3 COMMISSIONER RISHEL comnussioner Ketth 3 development within flood plains m ETJS wll]- IS the 4 COMMISSIONER KEITH Thank you My 4 step t~wards that protection Recently in City Council 5 Relehhart, No 4 is on these reserved pits closer than 200 5 work sessions regarding the Development Code, City Council 6 fc~I to flood plain, lake, creek, stream, shall be lined6 has agreed ~o protect flood plains in tl~ ETJ With thc 7 Do you designate what the lmmg is going to be9 7 idea that eventually it will be wlthn the City and that 8 MR REICHHART NO, sn. 8 the preservation of water quality is a major issue that 9 COMMISSIONER KEITH Okay Should that be 9 needs to be addressed And tbs is one way to do it 10 requn.ed so they know ahead9 10 COMMISSIO~ K~mt ^nd I disagr~ with 11 MR KEICHHART We can certainly do that 11 you on ~t, but you say llus originated out of tl~ Council9 12 The intent was to leave it open-ended From my 12 I mean, is ttusa staff recommendation? 13 understanding, there are different mechanisms to do that13 M~. RE~CaHART yes, sa: 14 COMMISSIONER RISHEL I tlunk that's a good 14 COMMISSIONER KEITH staff rcconunendation9 15 qUs~StlOll 15 bill REICHHART It IS bassi on oar 16 MR REICHHART whether it's po[y-lmod, 16 conversations recently with City Cotmcd, but it's also 17 ,~ether it's other types that are permitted that typically 17 based in the pohmes and gmdehn~s of the Comprehensive I8 are used m the -- 18 Plan And I beheve the 19 COMMISSIONER RISHEL IS there an industry 19 COMMISSlONERR[SHEL we ve talked about it 20 standard that we need to be aware of? And standards 20 and discussed this several tunes in ~s body right here 21 change sometimes 21 COMMISSIONER MULROy If I may mtarrupt 22 MR SNYDER Can I make a suggestion? 22 in pnnclple and m fact, it's in our ordmanc© that we 23 Beck. use I have some suggested language here I'm not sure 93 forwarded The only dlff~r~nea in tins platting by 24 if tbs came from Mr Shupe or who tt came from, but we 24 repeating thc Ianguag~ in this plat, v~'vc takes that 25 could add the language just simply to prevent water 25 pnnclplc and moved it to thc ETJ SO It'S not a new idea PLANNING AND ZONING COIV~IISSION NOVEMBER 14, 2001 Page 196 5 CondensoltTM Page 197 Page 199 I that we haven't already coma to our consensus and vot~ and I we? And d~d I hear ~t wrong or 2 put m thc or/hnance 2 MR SN3'DF.R Yeah What I meant to say ~f 3 MR REICIm.,XRT That's carrot We have, 3 I didn't say it correctly is - 4 the orchnance docs Idcnofy that m thc existing Code 4 COMMISSIONF~{ POWELL Wall, maybe I heard 6 that, yes, I do recall that when wo were worlang on the 6 MR S~n'~Ea is under the zoning 8 City bmlt$ But now we're going outside thc l!TJ and tho 8 the City lmuts A permit is not allowed, we do not have 9 l~.TJ almost gces ~ the next county Andlthmkwc'rea 9 pcrautauthorltymthcEwJ That's why wc're say~ng that 10 httl¢ reaalttog bore is my point I think wa're reachng 10 there is some redundancy between that orthnanea and here 11 out And,parsonally I think, and from my stothcs and 11 because wa have to require the roadway unprovement 13 well dnlhng out thoro isn't going to be proposing as 13 because we don't reqmro a permit in the ETJ 14 quite tho problcm as -- and bo as much of a boogm mun as 14 COMMI~IONEg, POWELL Thankyou, sir I 15 a lot of p~ople think and am led to believe 15 guess I just I wasn't sure what I had heard thorn 16 T'ms is gas well dnlhng Now, if it was 16 Thank you vary much 17 mary heavy oil dnlhng, yes, there ought bo a 17 COMMI~tONER R~SH£L comaussioner Roy 18 possibility of coneaxa, and I undarscore the word 18 COMMISSIO~, soY t don't tlank we settled 19 poss~bthty, not probability, and lookang at it that way 19 on the road repair agreement about tho tm~mg of it I 20 But th~s ~S gas well dnlhng Tlus :s about one of thc 20 sugsest that we be consistent in ttmmg w;th tho recently 21 cleanest (~ploratton of natural r~ourocs that's 21 developed orthnunce That would be my recommendation for 22 undertaken So I think we're going a htde b~t far In 22 that 23 th~s area And I would ask Mr Shu!~ to ste9 down and 23 Secondl> I have just a general question 24 please comment on th~s Would ho bo wdhng to? 24 There's a lot of numhars m hare, a lot of specs und 25 COMMISSIONER RISHEL lught now, we're 25 comments Is there auyt~ung in th~s proposed ordmunce Page 198 Page 200 I addressing Mr Rochhart I that is at odds with the ordinance that we developed and 3 mwte Mr Shupe at the appropriate amc then 3 MR REICHHART l don't believe so 4 COMMI88£ON~RRIgHEL Thank you 4 COMMISSIONER ROY Tha~ you 6 this Okay Next, I'm gmng to drop down to No 7, Item 6 COMMISSIONER APPLE I've been Itt since way 7 F, No n, howovex we d~s~gnato that, labeled thstanea 7 before hun 8 between wells and structures within S00 feet If I 8 COMMISSIONER MULROY NO, my mtstake 9 rem~mb~ right, when we ware worlang on th~ orthnancc, we 9 COMMISSIONER RISHEL I've got the Agenda 10 ware discussing 400 fat 10 right here and I'm just ealhng them m thc order that I 11 MR REICHItA~T Tho ordinance that went 11 receive them Mr Snyder looks over my shoulder all thc 12 forward had 500 feet 12 t~me Commissioner Apple 13 ~OMMIS$1ONRR KIgITH R went forward -- 13 COMMISSIONER APPLE 1 jus~ wanted to say 14 okay So,that was changed? I was thtolnng ~t was 400 14 that I applaud these addmons I thank that they finn up 15 fact 15 some ambiguous potnts m the other document, espectally 16 MR, REICHHART I believe it was always 16 where the flood plain and environmentally sensit~ve areas, 17 500 I bebove it was 500 17 and they answer a lot of questions and problems that I 18 COMM~SS~O~):E~Ta ~twesS00 Okay I 18 had, qutlefrankly, wlth the document that we forwarded 19 stand corrected I just wanted -- I was loolnag at that 19 And so I'm pleased w~th t?as 20 as so accordtogly Okay Thank you very much 20 COMMISSIONER RISHEL I, too, um concerned 22 COMMISSIONF. R POWELt, Thank you, Mr 22 damaged from trucks and what xs pre-ex:stmg damage and 23 Chawamn IapolaglzoifIdon'thavamyacttogothar 23 what do you do to spht zt out between a well Youhavea 24 here but I hmrd the word p(rmut and I Igard tho word 24 roadway that's four mtles lena and you have th.rca 25 peraut and l~T,~ we can't r(xtun~o a permit in tho I~?J can 25 different wells being dulled on tlus and one of them ts a PLANNING AND ZONING COMMISSION NOVEMBER 14, 2001 e 200 6 CondcnseltTM Page 201 Page 203 I quarter tn]lo down tho road and ann of thwn is four miles I affecting As Mr Rclchhart mentioned, we've talked about 2 down the road, how do we go about assessing th~s and doing 2 videotaping the road prior to lssmng thc pcnmt or pnor 3 it fairly to everybody? And then was the road damaged 3 to approving the development plat And then going out and 4 before they got there and what sort of damag~ occurred 4 making an assessment of the road after thc initial well 5 since then and is it just a matter of retoppmg it, is it 5 construction has been completed 6 a matter of breakan8 it out and redoing the road bed I 6 I think the issue we're going to get into 7 just sm the way we have this 6 and I want to move this 7 that's probably going to be the most difficult is If we 8 through as b~ng a nightmare 8 get more than one development plat using the same road and 9 I hear figures in the County which say tha3~ 9 ifs a he did, but sha did and, no, we didn't do that, 10 have anywhere from $300 nulhoo dollars worth of damage on 10 they did And, you know, we get that sometimes now with 11 roads to $1 bllhon dollars worth of damage on reads And 11 developments, with contractors and we just have to sort 12 I don't know - I don't think thc County has that type of 12 those Issues out 13 dollars to work with I know we dea't So I'm really 13 I know our Legal Department is working on a 14 conc~ned about the load factors on these trucks and how 14 road maintenance agreement that I doo't ttunk has been 15 we go about assessing what these proporttooate tlungs 15 sohdified yet And some of tlus is going to be worked 16 mlghthe And I'm woodenng lf yoo or Mr Saknoaoang~ve 16 outmthat We're gemg to have to look at ench of thesa 17 me some information on how we're going to go about that 17 things individually as they come in, as development plats 18 MR RI~.ICHHART AS David's on his way 18 See what kind of roads they're going to be using, what thc 19 down -- 19 pavement thickness ss, what the bkehhood is that they're 20 COMMISSIONER RISHEL seldom do~ Mr 20 going to get tom up, and then get apprepnate bonding in 21 ROlehhar~ say, I need help 21 place to Insure that if we do have damage that there's 22 MR REICHHART That is a very difficult 22 some funding mechanism thcn'e 23 formula to try to come up with and I doo*t think there is 23 But I don*t flunk there's a good solid 24 eon set formula to do th~s It's gemg to be best 24 answer or formula that we can come up wlth, you know, 25 practiced based on the City staff ongmeenng going out 25 short of saying that we're going to have to evaluate each Page 202 Page 204 I and analyze the road prior to issuing tho pemut or I one of these things individually as we, you know, review 2 agreeing to that There Is ways that, you know, the road 2 the development plats 3 can be videolaped prior to development and then you go out 3 COMMISSIONER R1SHEL Yeah ! appreciate 4 and assess it after development to identify what the 4 what you're saying and I know it's a very d~fficult issue 5 damage as, if any 5 but I just don't feel like our taxpayers need to bear the 6 We've looked at a couple of different 6 burden of what the potential cost of repan's of those 7 formulas te try to detesanne if thero*s a fair mechanism 7 would be tf we fail as a eommumty and as a City to police 8 to try to ~t the financial means to repair the roads 8 It adequately, as it looks l~ke the County has failed to 9 after the e~foct, and I'm not sure where we sland That's 9 police ~t adequately, and then fine ~t and then collect 10 why I asked David to come down 10 it And I don't think that the citizens should be forced 11 COMMIseIONERRISHEL Yeah Andlses 11 to pay for that so lt concems me, even though I want to 12 other factors that could come into play here, oth~r types 12 move this along 13 of heavy eqmpment that might have been moved down the 13 MR SALMON well, I mean, ~t certainly as 14 road that may have nothing to do with the w~li opexauoos, 14 our mtontxon through the road maintenance agreement to 15 for some reason I don't know what that would be, but - 15 estabhsh what the conthtlon of the read ~s before they 16 MR SALMO~ well, I thank an light of all 16 start and then what the condition of the road is after the 17 the press that there's been about the sltuatmn tn tho 17 initial well construction 18 County, that's one of the reasons why we're so concerned 18 COMMISSIONER RISHEL Sure Commissioner 19 COMMIas[ONF~R RIS~tEL nad the lack of 19 Powell 20 policing and the lack of assessing 20 COMMISSIONER POWELL JUSt to add to the 21 MR S^t. MON correct I mean, what we want 21 problem, the developer probably ts not the one that is 22 to do, we want them to tdentnfy where they're gemg to bo 22 going to rum the road It's going to be the 23 earning in and out of the property at And that's one of 23 subcontractors that he uses, the truclong compames The 24 the reasons so that we can sort of identify what s~c'aons 24 trucking compames will go out and get an overweight 25 of read each particular development plat is going to be 25 pemut which makes them legal to carry a heavy load and PLANNING AND ZONING COMMISSION NOVEMBER 14, 2001 204 7 Cond~nseItTM Page 205 Page 20- I then, tra&txonally, they'll carry a heavier load than the 1 recogn~ that thc C~ty has got a leg~ttraate ~ntercst m 2 pcrnut allows And It just goes on and on and on And 2 reg~laung what goes on m the ETS and maybe tlus answers 3 there's a dtfferent trucl~ng company every day lean 3 yourquestaon, Mr Keith, and thc staff has done an 4 tell you I talked to the poor deputies that axe out there 4 extraordinarily fair job m denhng with not only us m 5 trytng to enforce the law It's very dffficult AllI'm 5 thcexibutothargasdcvelopments And what you scc 6 saying to you is that It's a barrel of snakes and I'm not 6 reflected m Larry's recommendanons here are basically 7 sure how anybody is going to do anytlung about tt 7 thc elements that we have already been mcluchng in gas 8 COMMISSIONER RISHEL Thank you 8 well development plats And those do, in fact, protect 9 Comwllsslonor Kelth 9 thc interest of the City 10 COMMISSIONER KEITH Yeah Mine Is .lust a 10 Like I say, we're at the end of a process 11 suggestinn to Mr Salman that whenever we're issuing a Il Th~s is thc last piece of the puzzle before n gees to 12 permlt for these -- that the roads, you said, would be 12 Council We've had a lot of I don't want to say 13 respected poor to well development, correct? 13 dlsagrecanents, a lot of thscussions in the past f~w months 14 MR SALMON That's correct ']'h¢ retention 14 but I think at one point I said, I want to make sum that 15 Is to inspect and videotape the road poor 15 the Commission and ultunatcly the Couocil understands that 16 COMMISSIONER KEITH Okay Yon put m the 1(5 an enormous amount of work has gone into this 17 wordvtdcotape That's what I was about to snggest That 17 WewdlprobablystlHcartysomcmsurancc 18 way you make a visual record Thank you, s~r 18 concerns end bonding, amount of bonding to Council But 19 COMMISSIONER RISHEL commlssl, oncr Mulroy 19 I'm not sum you have a pcxspective on how much your staff 20 COMMISSIONER MULROY Very briefly, w~ do 20 and Ms Holt -- Comnusslon~r Holt is not here -- how much 21 have r~.,ourse that can be tlsed as leverage In these 21 you know about this process, probably more than any other 22 negotiations, and that's theft Insurance company And 22 group of Commissioners or City Councilmen and I can speak 23 withIn the City lurers, and our pernuts, we'll have a bond 23 for a couple of other cities where we're working you've 24 that we vail have to use as leverage to help nuttgate 24 got a project or a process and an ord~nence, including 25 COMMISSIONER RISHEL Tbe Couuty has the 25 dus last piece of the puzzle, that I tl~nk protects your Page 206 Page 208 same tlung but they haven't policed it or enforced it I interests and I tlunk ~t's a fmr document And I don t 2 COMMISSIONER MULROY I think Commissioner 2 where's Larry? We've worked Larry a lot tn terms of 3 Powell camas a gun, doesn't he? 3 just making the process work And so our complunents 4 COMMISSIONER RISHEL Yeah But he hasn't 4 I do want to introduce you to Bill Penhall 5 shot one guy that needed to be shot for destroying roads, 5 From ume to time, venous membexs have asked questions 6 I know for sure Tlus is a public heanng Excuse me for 6 about, well, Ivhtcholl and now it's Devon -- and, Bill, 7 getting carried away ~lank you, Mr Relchhart and Mr 7 would you come down? I just wanted to introduce you 8 Sahnon This is a pubhc heanng and anyone who would 8 Th~r~ is a Devon face Although, Mark Stcphcnson from TI~ 9 l~kc to speak for or agmnst Item No 18, andIhaveat 9 Woodlands is here So therc is ~- sce, Ikeptsaymg 10 least one card, there may be other people that would l~ke 10 there's Mltahcll and Devon and M~tchcll and I~von But I 11 to speak, if you would just be on deck Mr Lk¢ Shtlpe and 11 wanted to lntroduc~ Bill You've had some questions 12 anyone else who would lrke to speak to follow If you'd 12 about, well, who the h~ck ts Devon? Ho is thew regional 13 give us your name and address and affiliation voth what 13 -- no Divisional Land Manager and I just wanted for h~m 14 company 14 to have an opportomty to speak to you And I certainly 15 MR SHUPE Good evening Ike Shupc, 1717 15 appreciate all thc time you've spent and I very much 16 Mum Street, Dallas, 75201, representing Mitchell Energy 16 appreciate the time staff has spent And, Ed you don't 17 And, Mr Charrman, Idon'ttlunkthere'salonghstof 17 gctthecretht, Dom~does So thaak you vccy much I 18 people here 18 app~clatc having worked on this with you 19 COMMISSIONER RISHEL And we probably know 19 COMMISSIONER RISHEL ThaRk yOU, M/c Shupe, 20 them all 20 for your kind words and for not bnngmg us another 21 MR SHUPE And you know thein all, although 21 potentml amendment No outburst 22 I do have someone I want to Introduce you to Tlus is the 22 Would you give us your name and address and 23 end of what's been about a five-inanth road on gas well 23 affihation, once again, with tho company? 24 development issues here in Denton And wanted to take an 24 MR P£NHALL sure Paght My name is 25 opportunity, particularly with regard to No 18, we 25 Bill Penhall My address is 20 North Broadway Oldaboma PLANNING AND ZONING COMMISSION NOVEMBER 14, 2001 .... ~ 20b 8 CondenseItTM Page 209 Page 211 I City I am D~viston Land Manager with Devon Energy 1 that wc have gone through and thc wonderful people that 2 Corporation I appreciate the opportunity to come and 2 have participated in this process with us and the City 3 briefly introduce Devon to you It's obvious to me, and 3 work that we put into it and the independent work and the 4 to Devon, as latecomers a bit to the process, that a 4 companies like yourself that have been a part of this $ tremendous amount of effort has been put rote the 5 And we feel that the process, m fact, does work for us as 6 revisions to the orthnances that you have undertaken, and 6 a community But after 45 years m the industry and 7 that's to be baghly commended 7 someone who understands where it has come from and the 8 Real briefly, just as a couple of comments 8 process, he said that you're on the nght track You need 9 about Devon and the transmon that we're looking at with 9 to have good ordinances And the things that were written 10 M~tcbell Dunng the process that you've been working on 10 30 and 40 years ago ere not adequate for us today And 11 these ordinances, Devon has spent a tremendous amount of' 11 I'm very proud of what we put together And, once again, 12 tLme getttng to know the Mitchell orgamzattnn, gattmg to 12 we appreciate your participation here and look forward to 13 know their people, getting to know their operations From 13 a long-lasting relattnnstup with you and your company 14 our standpotnt, these things all attracted us to M~tchel! 14 MR PENHALL Thank you and we do, too 15 tn the Fa'st place And as we've gotten to know them 15 COMMISSIONER RI~iHEL Thank you 16 more, their people and theu' operattnns, we find that 16 Commissioners, any further questions'~ And this is a 17 they're both very high quahty Those am attnbutcs that 17 public hearing Anyone else who would like to further 18 Devon values tremendously itself 18 address this Commission regarding Item No 18 on our 19 As just a comment for you to consider, I 19 Agenda~ Seeing no one else that would hke to address 20 think it ts fair for you to expect both the quality of 20 this Commission, I will dose the public beanng and ask 21 operations that Mttchell has shown to you tn the area 21 Mr Reichhurt to give us a summatton 22 Those will continue under Devon's watch Many of the 22 MR REICHHART staff recommends approval 23 people, ~f not most of the people that you've been dealtng 23 of the ordinance with the one revision regarding to 24 vath and have come to know through this proeess wlll also 24 prevent water solutlon for the hnmg That'sit 25 he the same people that you will continue to deal with 25 COMMISSIONER RI~iHEL comnusstnner Mulroy Page 210 Page 212 I So I'll be glad to answes any questions that you ha'~e, I COMMIS$1ONF~R MULROY I m ready to make a 2 but, again, I apprecmte the oppormney to be with you 2 motion 3 COMMISS~ONERRISHEL we appreniato you 3 COMMISSIONERRISHEL is~nooneclscwho 4 beang here and I'd ltkc to say that tho acqmsg~on of 4 would hkc to speak 5 M~tchcll ean~ as a shock to a lot of us m tbas area I 5 COMMISSIONER ROY EXCUSe me I don't know 6 know peeple that are in the industry kmd of saw tbls 6 if ~t's part of thc motion but we had a couple of other 7 coming We feel that th~ have been one of the pramer 7 things, didn't we? There was something on the road 8 developa's of the natural ~soarces m this area and 8 repair -- 9 they've done an exeellent job So you ri/lo on some 9 COMMISSIONER MULROY [ m golog to 10 wonderful coatlafls to como into tlas area I hope that 10 COMMISSIONER ROY YOU're going t~ put that 11 you can uphold their very strong r~utauon and good 11 In your motion? Okay Thank you 12 character that they ye had in our commanit~es, in Wise 12 COMMIseIONER MULROY Yes, sir 13 County and this area Mitchell, beang out of Houston, 13 COMMISSIONER RISHEL Thank ~'ou 14 has done a super job in the development of Texas resources 14 COMMISS[ONER MULROY i 11 make the motion 15 and being one of the safer companies 15 to recommend adoption of this ordinance to Oty Council as 16 And one of the things we've tried to 16 presented with two adchtions One is, as Mr Snyder 17 address wltlan our ordinances is not the Mltchells that 17 mentioned, on the liner, that's Item 4, that we add the 18 we're concerned about It's the ones that are lesser than 18 words "to prevent wa~' pollution" And on Item 6, that 19 Mltchells and lesser than D~vons that have greatly 19 we add "pner to approval of a gas development plat," we 20 eoocern~ us and we ni~.d to protect our p~ople and our 20 add the words "or permit" a road reparr agreement that :21 c~tlzens and what w~ have :21 wdl obhgate the operator, et cetera, et cetera Sothe 22 I would hl~ to make the comment, I was 22 adchtion of those two phrases and that's my motion 23 with a 8~ntleman who graduated from Texas A&M m 1946 or 23 COMIvlISSIONER APPLE second 24 '47 the other day and it was an oil and gas exploration 24 COMMISSIONER RISHEL It'S been moved by 25 person and sull is And I was explaining tho struggles 25 Coranussioner Mulroy and seconded by Comnussioner Apple PLANNING AND ZONING COMMISSION NOVEMBER 14, 2001 Page 212 9 Condcn~ItTM Page 213 1 Any further thscussion or clarlficaOon nc~xled? I Board, Library Board, Parks Board I will 2 COMMISSIONER ROY ! gU(~S I JUSt raise the 2 s on park property, U would probably a 3 quesoon to Mr Reichhart, does that make sense, tho 3 . through the City to 4 location of that worchng that's m the proposal? 4 than in a park 5 MR SNYt)mC we'll make it make sense I mean, we 5 Comm~ssion for 6 may have to do some wordsnutbang but we understand what fie 6 7 means 7 So is a 8 COMMISSIONER ROY YOU know what w~'ro 8 9 trying to do Okay 9 top of a proposed ga: it be onerous to the 10 COMMISStONER R~SHEL Any further comments? 10 proposed applicant, ff to be 11 Seeing nO further comments, Comnussioners, please vote 11 b~ddmg the process 12 Commissmner Keith, would you - 12 this afternoon about thc pubhc I3 COMMISSIONER KEITH I abstain 13 not~ce and he n and I don't want to 14 COMMISSIONER P~SHEL YOU abstained Okay 14 steal, that 15 Mooon comes 5-0 15 he was oftbe 16 (COMMISSIO'~'I~R KE[TH AB~TAININO ) 16 17 COMMISSIONTr. R APPLE With one abstention 17 we could do mail as 18 COMMISSlONF. R RISHEL I don't show an 18 we n ~ would so 19 abstention on my casting here It's verbal Thank you would be notified as they :20 :21 So every process, anytime there's 23 would be a pubhc process 'And that 24 s, you know, with that revision, I would recommend tho 25 we do that notification But that's what the ordinance m Page 216 I of the Code of the City of Denton, Texas ~ would do, would exempt the Ctty but still 2 by adding Secuon b 3 pubhc hearmgs 3 Oil Dnlhng Production 3 COMMISSIONER RISHEL JUSt In 4 Land ~ Item No 4 and be onl' 5 Re~chhart w~ll present 5 foot9 6 Thank you I tho 6 :ould recommend 7 dehberattons & Zoning 7 etther 8 Comausslon h ordinance, the land 8 Our dtseretton 9 use, Section 35, tl xemptm8 the C:ty 9 I mean, you could 10 I th~nk two 10 recommend etther ~ ~ and a 500 foot 11 persons sa~d tbe C~t~ 11 courtesy nottce, d -- you could reqmre the 12 the C~ty Council has 12 13 directed 13 the 200 and ~tmplcst way to do zt 14 I that ~s that m 14 15 enter Into a 15 SNYDER EXCUSe m~ one difference 16 contract on that has to go 16 that the notfficatton for ~/ ~ ts for the 17 out for a Tbem's not~ce 17 and not the Ctty But w~th 18 m the number of t~mes, I 19 thc then that's ,n that b~d COMMISSIONER RISHEL Right ; was not 20 Conumsstoner 21 b~ds and go out for another b~d t's done COMMISSIONER MULROY Ye8 22 fontm :rattonal that you just stated for us was 23 Prior to that happemng, of rattonal prewously presented t, ~4 property the proposal ~s on, ff ~t's tbe aa'pon property, 24 Commtsstoners tn a work sesston about these ~5 it's the Airport Adwsory Board It could be the Pubhc 25 pubhe processes, e~ther Parks Department, and we would PLANNINI3 AND ZONING COMMISSION NOVEMBER 14, 2001 '~age 216 10 ATTACHMENT 3 S \Our Documents\Ord~nanccs\Ol\Gas Well Development Plats Ord doe ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 34, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF DENTON, TEXAS, SECTION 34, DEVELOPMENT PLATS BY ADDING SECTION 34-34(D), GAS WELL DEVELOPMENT PLATS TO REGULATE GAS WELL DEVELOPMENT 1N THE CORPORATE LIMITS OR WITHIN DIVISION 1 OF THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON, TEXAS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, The C~ty of Denton, Texas, is a Home Rule Mumclpahty located in Denton County, Texas created m accordance with the prows~ons of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas, and WHEREAS, on November 16, 2001, the Planning and Zoning Commission concluded a pubhc heanng as required by law, after winch a motion to recommend approval of the request to amend the regulations for development plats to add provisions for gas well development plats to govern the development of gas wells within the corporate hm~ts or within Division 1 of the City's Extratemtonal Jurisdiction, and WHEREAS, the City Council of Denton, Texas, believes that oil and gas dnlhng activity, without proper regulations wltinn the corporate limits or within Division 1 of the City's Extratemtonal Jurisdiction, can pose health and safety hazards to the citizens of Denton, and WHEREAS, Pursuant to its authority to regulate subdivision development, Tex Loc Gov't Code {}212 001, utility service, Tex Loc Gov't Code {}402 001, watersheds, Tex Loc Gov't Code §401 002, and water pollution control and abatement Tex Utility Code §26 117, the City Council of Denton, Texas, deems it necessary to amend the regulations for development plats to add prowslons for Gas Well Development Plats to govern the platting and development of gas wells w~tinn the corporate limits or within Division 1 of the City's Extratemtonal Jurisdiction NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Gas Well Development Plats Section 34-34, Development Plats, of the Code of the City of Denton, Texas is hereby amended to add Section 34-34(d) to govern gas well development within the corporate limits of the Ctty or w~thm Division I of the City's Extraterntonal Jurisdiction, as follows SEC 34-34(d) Any person who proposes drflhng and gas production of natural gas on a tract of land located w~tinn the corporate limits or within Division 1 of the City's Extratemtonal Jurisdiction, and it is not required by Chapter 34 to prepare a preliminary plat or final plat, shall prepare a Gas Well Development Pl~,t tl (1) Gas Well Development Plats shall be processed and approved in accordance w~th Tex Loc Gov't Code Ann §§212 041 through 212 050 (Vernon 1999) and no new natural gas development may begin on property until the Gas Well Development Plat is filed and approved by the C~ty in accordance with Chapter 34 (2) All proposed gas well development shall be in compliance with the Roadway Component of the Mobility Plan (3) Erosmn control is reqmred and shall comply with all local, state and federal reqmrements The operator shall file a copy of the Stormwater Pollution Plan lfreqmred by the EPA (4) Reserve pits closer than 200' of a floodplmn, lake, creek or stream shall be hned to prevent water pollution (5) W~th the exception of vehicular access, no development as allowed ~n a floodplain (6) At the time of permit for property inside city hmlts, prior to approval of a Gas Well Development Plat or Permit, a Road Repaar Agreement that will obligate operator (or by the operator's employees, agents, contractors, subcontractors or representatives) ~n the performance of any act~wty authorized by or contemplated by the approved Gas Well Development Plat, must be executed by the City of Denton The City Manager shall have the authonty to enter into the Road Repmr Agreement (7) In adchtaon to the reqmrements of Section 34-16 (Contents of prehm~nary plat), if appheable, a Gas Well Development Plat shall a Identify truck routes and access points b Identify Environmentally Sensitive Areas (ESA's) including floodplains and any proposed floodplatn, creek and stream crossings All floodplain, creek and stream crossings shall be designed to a 10-year storm frequency All floodplmn crossings shall have no negative affects on surrounding property m A drainage study sufficient to substantiate 1 and n will be required as part of the submittal ~f crossings are proposed c Show the location and use of all structures within 500 feet of the property d Identify the proposed soume of water and any other public utilities reqarred e Id-entffy and show proposed method of erosion control f Identify the location of proposed lease lines and well locations Label distance between wells and property lines n Label distance between wells and structures within 500 feet of wells as measured from the property line Label distance between temporary holding ponds and floodplmns g Provide typical well site schematics showing layout dunng drilling and upon completion of drilling h Show location of all proposed underground pipelines As built drawings shall be filed with the City All pipelines proposed in public right-of-ways shall require a Pdght-of-Way Use Agreement Identify lfplpehnes connect with a Gas Distribution System SECTION 2 All rights and remedies of the City of Denton, Texas are expressly saved as to any and all violations of the provisions of any other Ordinance affecting oil and gas regulations, which have secured at the time of the effective date of this O~dlnance, and, as to such accrued violations and all pending litigation, both clwl and criminal, whether pending in court or not, under such ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by courts SECTION 3 It is hereby declared to be the intention of the City Council that ~f any of the sections, paragraphs, sentences, clauses and phrases of th~s Ordinance shall be declared unconstitutional or othem, me illegal by the valid judgment or decree of any court of competent junsthct~on, such event shall not affect any of the remalmng phrases, clauses, sentences, paragraphs, and sections of tlus Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional or illegal phrase, clause, sentence, paragraph or section SECTION 4 This Ordinance shall be cumulative of all provisions of Ordinances of the City of Denton except where the provisions of thru Ordinance are in direct conflmt w~th the provisions of such Ordinances, in which event the conflicting provisions of this Ordinance are hereby repealed SECTION 5 Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of thru ordinance is violated shall constitute a separate and distinct offense SECTION 6 This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chromcte, a dmly newspaper published in the City of Denton, Texas, w~thln ten (10) days of the date of its passage PASSED AND APPROVED ttns the day of _, 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY AGENDA INFORMATION SHEET AGENDA DATE: December 4, 2001 DEPARTMENT: Planning Department CM/DCM/ACM: Dave Hall, 349-8314 SUBJECT - SI01-0011 (Gas Well - Exemptmg the City) Hold a pubhc heanng to consider an ordinance amending Chapter 35, Zoning, of the Code of the City of Denton, Texas, Section 35, Division 2 Use Regulations, by adding Section 35-79, Oil and Gas Dnlhng and Production by Right on Municipal Land The Planning and Zoning Commission recommends denial (5-1, Kelth opposed) BACKGROUND This item ~s being brought forward because o£ redundant nature of' the public heanng reqmremcnts associated with developing gas wells on c~ty property Prior to the City entering into a contract for oil or gas dnlhng and production on city property, all requirements of Chapter 71 of the Texas Natural Resources Code must be met The code requires that notme be posted in the newspaper 3 times and a pubhc heanng held for consideration of bids Prior to the City Council public heanng, the board governing the faclhty or property in question (Parks Board, Public Utdlty Board or Library Board for example) must review the proposal and prowde a recommendation to council The city may then award the lease to the highest and best b~dder who submits a bid or reject all bids and re-advertise for additional bids The proposed gas well drilling and production ordinance provides for a public review process only if the zoning of the property ~s not Agricultural, Industrial or in a Planned Development or if minimum criteria cannot be met Therefore, after the public heanng process for the bid, it is conceivable that another series ofpubhc heanngs would be reqmred, thereby requmng the same body that started the process (C~ty Councd) approve the SUP assocmted with the gas well ordinance } Notme of the pubhc heanng was placed m the Denton Record-Ch~omcle on Saturday, November 17, 2001 OPTIONS 1 Approve as submitted 2 Approve w~th conditions 3 Deny 4 Postpone consideration 5 Table item RECOMMENDATION The Planning and Zonmg Commission recommends denial (5-1, Kelth opposed) of this request ESTIMATED PROJECT SCHEDULE N/A PRIOR ACTION/REVIEW The following is a chronology of SI01-0011, related to exempting the City ot Denton from the requirements of the Gas Well Ordinance November 14, 2001 Planning and Zomng Public Heanng FISCAL INFORMATION None ATTACHMENTS 1 Planning and Zoning Commisslon Reports, November 14, 2001 2 Planmng and Zoning Commlssmn minutes from November 14, 2001 3 Dra~ Ordinance Respectfully submitted Douglas '~ Powell, AICP Director of Planning anti Development Prepared by ~arr~rt~*Ichhart, ASL , Assistant Director of Planning and Development Attachment 1 Agenda Number- 01- 0030 Agenda Item # 1...~9 Date- 11-14 01 S101 0011 (CODE AMENDMENTS) PLANNING & ZONING STAFF REPORT PURPOSE: Hold a pubhc hearing to consider making a recommendation to City Council regarding an ordinance amending Chapter 35, "Zomng" of the Code of the C~ty of Denton, Texas, Section 35, D~v~s~on 2, Use Regulations, by adding Secbon 35-79, O~1 and Gas Dnlhng and Producbon By R~ght on Mumcipal Land SUMMARY & ANALYSIS: Prior to the C~ty entenng ~nto a contract for o~1 or gas dnlhng and production on c~ty property, all requirements of Chapter 71 of the Texas Natural Resources Code must be met The code reequ~res that notme be posted m the newspaper 3 t~mes and a pubhc heanng held for consideration of b~ds Pnor to the C~ty Council public heanng, the board govermng the fac~hty or property ~n question (Parks Board, Pubhc Utlhty Board or L~brary Board for example) must rewew the proposal and prowde a recommendabon to council The c~ty may then award the lease to the highest and best b~dder who submits a b~d or reject all b~ds and re-advertise for additional b~ds The proposed gas well dr~lhng and production ordinance prowdes for a pubhc rewew process only If the zomng of the property ~s not Agricultural, Industrial or ~n a Planned Development or ~f mlmmum cntena cannot be met Due to the rrequ~rements of the Texas Natural Resources Code, the C~ty Is reequ~red to provide not~ce and conduct a pubhc hearing Due to those requirements, C~ty Council has d~rected staff to prepare an ordinance allowing o~1 and gas dnlhng by right on mumc~pal land It should be noted that many c~tles exempt dnlhng of m~neral ~nterests on c~ty property from a c~ty's zoning ordinances The reason ~s based on the nobce, b~ddmg and pubhc heanng requirements of the Texas Natural Resources PUBLIC NOTICE: Notme was pubhshed ~n the Denton Record Chromcle on November 3, 2001 As of th~s writing, there have been no responses to the proposed amendments ALTERNATIVES: 6 Recommend approval as submitted 7 Recommend approval w~th conditions 8 Recommend demal 9 Postpone consideration 10 Table Item ENCI~OSURES: 1 Proposed Ordinance Attachment 2 Page 215 I t ~ thscusslon or clar~ficatmn needed? I Ut hty B~ard, L~brary Board, Parks Board I will mention 2 COMMISSIONER ROY I gUesS I JUSt Italse 1 2 that if it's on park property, it would probably reqmm a 3 Mr Re~chhart. does 3 referendum through tho City to get unytbang else other 4 wording that's in the 4 than park use in a park And if there isn't a board, it 5 MR ~ 5 would hkely come to the Planning & Zoning CommlsslOO for 6 may have to ~ wordsnuthm8 6 a reconunendation 7 means 7 So thc thought is that because this Is a 8 8 pubhc prooess, that to put potentially two prooesses on 9 trying to do Okay 9 top of a proposed gas development might be onerous to the 10 Any further comments? 10 proposed epphcant, if you will, whoever is going to be 11 Seeing ne 11 b~ddmg thc process In talking with Comrmssmner Roy 12 12 ~s afternoon, there was a concern about the public 13 I 13 not,ce and he made the recommendation, and I don't want to 14 ,. RISFII~L YOl Okay 14 steal your thunder or anything, and it didn't imply that 15 Motion c~ 15 he was going either way with this but one of the 16 16 additional conditions that we could put on here is that as 17 17 part of that pubhc notace, we could do certified mail as 280 COMMtaslOI~W-a RISHEL ~ don't show 18 we normally would so that we know anybody adjacent to llus 19 here It's verbal Thar~ 19 property would be unllfied as they would with an sup Okay That vail bnng us to Item No 19 20 process 21 Commissioners, 21 So every process, anytime there's - 22 whether it's pcrmit~ed by right or not, goes out to bid, ItcmNo 19 on oar Agenda ls huld a 23 ltwouldbcapubhcprocess And that proposed urthnance 24 pubhc heanng and consider making a recemmendataon to the 24 is, you know, with that rcv~sion, I would recommend that 25 City Council reganhng an ordinance amending Chapter 35, 25 we do that notification But that's what the ordinance in Page 214 Page 216 I Zoning of the Code of the City of Denton, Texas, Chapter I your backup would do, would exempt the City but still 2 35, Division 2, to regulations by adding Section b 35-79, 2 require adchtlonal public heanngs 3 Oil and Oas Dnlhng Production By R~ght on Municipal 3 COMMISSIONER RISHEL JUst in discussion, 4 Land 'this is Item No stol 0on oas Well Zoning 4 and would the public notice be only thc 200 foot or 500 5 Ordinance Mr Re~chhart vail p~ont 5 foot9 6 Ma ae~CH~r Thank you Dunng the 6 MR REICHHART I mean, you could recommend 7 dehberattons and the meeimgs that tim Planning & Zoning 7 either We could do a 200 foot -- 8 Comnasslen had regarding the proposed ordinance, the land 8 COMMISSIONER RISHEL Our discretion 9 usc, Sectien 35, the topic came up of exempting the C~ty 9 MR. REICHHART Yeah I mean, you could 10 from those regulations And this body, I think two 10 recomracnd either but we could do the 200 and a 500 foot 11 persons said the City should follow their own rules 11 courtesy notice, too, as we would -- you could require the 12 SubsequOnt to those mecUngs, tho City Council has 12 same notification as would be fuqua'ed for an sup which is 13 directed si.afl to lnv~llgato that possthdity 13 the 200 and 500 That would be the amplest way to do it 14 And the reasomng heh~nd that is that m 14 COMMISSIONER RISHEL conm~sstoner Mulroy 15 order for the City to do any development, enter Into a 15 MR SNYDER Excuse me The one difference 16 contract on property that the City owns, that has to go 16 Is. though, that the notification for the sup ts for the 17 out for a bid That's a public process There's unttae 17 P&Z public heanng and not the City Council But with 18 in the paper a number of titans, I beheve thrm notices in 18 that exception, you could do tt that way 19 thc paper and then the~'s pubho heanngs on that bid 19 COMMISSIONER RISHEL Right "fhat was not 20 Thc City, can then accept tho bid, revise the bid, reject 20 Commissioner Mulroy Commissioner Mu[roy 21 ail thc blds and go out for another bid But that's dooo 21 COMMISSIONERMULROY Yes Mr Relchhart, 22 in the pubhc forum 22 the ratmnal that you just stated for us was renlly a 23 Prior to that happening, &'pending on what 23 restatement of rational previously presented to the P&Z 24 propc~,,the proposal is on, if it's the an'port property, 24 Commissioners m a work session about these would be 25 It's the Airport Advisory Board It could be the Pubhc 25 public processes, either Parks Department, and we would PLANNINO AND ZONING COM ...... '~"~R 14, 2001 Page 213 - Page 21 ~ 4 Cond~nscltTM Page 217 Page 219 I have hearings and the bid process Correct me tf I'm understand how we would want to burden the apphcant mom 2 wrong but that's a restatement of mformattun that was put 2 than ha would be burdened if we adopted tlus ordinance as 3 m front of the Cormmsauners at a work session 3 presented I'm confused hem 4 previously? 4 MR REICHHART I don't understand the 5 MR REICHHART Yes 5 question 6 COMMIgSIONER MULROY okay And after 6 COMMISS[ONERROY well, I'm trying to 7 receiving that information, as you have stated tomght, 7 understand how the applicant is going to be doubled, is 8 the Corrmussloners m totality could find no ruttonale 8 going to be an increased burden on the apphcant 9 justifiable to exempt the City from tis own rules 9 M~ St, V/Dm ~ecause really what we're l0 MR REICHHART correct 10 talking about is thc burden, I guess, wasn't just on the 11 COMMISSIONER MULROY SO ts flus Groundhog 11 bidder but it's - the burden is collectively on both the 12 Day9 Let me say tlus, Larry 12 City and the bidder because we will have to go through two 13 MR REICHHART Let mo say this When we ! 3 public processes to make the detenmnation whether or not 14 are dtrected by Counml to bnng an ordmance forward, we 14 to usc th~s partlcular picce of property That'sthc 15 do that 15 argument 16 COMMISSIONER MULROY I understand that I 16 COMMISSIONER ROY SO there arc -- I'm 17 understand you're under direct/an of Council Now, was l! 17 ~rymg to understand that if the members of this 18 related to Council how strong the P&Z felt about tins 18 Conumsslon want to create more burden on thc applicant 19 issue9 19 I'm surprised if that's what our Commission is annmg to 20 MR REICHHART I don't know 20 do And it sounds hkc if we don't adopt this, then we're 21 COMMISSIONER MULROY Okay Well, what I 21 gumg to create more burden on the apphcant than if we 22 have to say and, Larry, please excuse, it's nothing 22 adopt ~s 23 personal to you and I appreciate the fact that you're the 23 MR sr, nroER wnll, I thank them really 24 bearer of the news, but I want to restate for record that 24 won't be any more harden on the applicant, per se, but it 25 flus was not now reformation We had received that 25 will be a collective burden on thc City and the apphcant Page 218 Page 220 1 information once and individually and then in totality of together because, m essence, what you'll have is you'll 2 individual opinions was it's really ill advised to oxanpt 2 have the City Council, through the bidding process, 3 the City from its own rules 3 already making a determmattun that it's appropriate to 4 And what's apparent to me is our processes, 4 use that particular piece of property for gas well 5 you know, have suffcnxl some, in my wow, subterfuge from 5 development by issuing the bid 6 staff And I'm just tembly dismayed that the 6 Then they have to go back -- then the 7 cre&bthty of all is so recklessly jenpardtzcd by thc 7 apphcant has to go back through, in essence, go through 8 actions of one or two pcopln And I'm not saying that 8 another process, a different process, a zunmg process, 9 you're the one or two I'm 3asr saying I understand I 9 where the ultimate determination is really to ratify what 10 know what and how it was related to City Council and I m 10 the Council has already done to begin with That's the 11 just sorry that it jeopardizes the credlblhty of a lot of I l point That's the point that I think was being made 12 other folks 12 COMMISSIONER ROY I Just dun~t dunk we 13 COMMIsatONER RISHEL conmussioner Roy 13 want to do that, create more problems' 14 COMMISSIONERROY I m a httle bit 14 COMMISSIONER RISHEL commissioner Powell 15 confused on th~s issue You talked about one of the 15 COMMISSIONER POWELL TO expand on my 16 masons for the ordinance was the extra burden on the 16 anginal uproar over releasmg the City from their own 17 applicant If we make them 8o through the pubhc process 17 regulations, it's not really whether we do or don't and 18 and then make the applicant follow the ordinance that w~ 18 it's not really the burden or not the burden, it's the 19 have adopted Is that correct? 19 perception Thc perception of government not going by thc 20 MZ RI~ICHHAR? The burden would probably 20 regulations they make the pubhc go by is atrocious We 21 be more mlated to a tune delay than anytlung 21 seettmCongress We see tt m the Stata House Now 22 COMM[SSIONm.-R ROY Did the applicant, is 22 we're seeing it in City Hall And it is unnecessary and 23 thc dcvcloI~r ~ eaer~y company? 23 unreasonable to g~ve out that perception again 24 MIL aEICHHART cort~t 24 We're citizens of this City, every one of 25 COMMIsa[OIgP~R ROY So I'm irons to 25 US, and none of us want the City of Denton to have the PLANNING AND ZONING COMMISSION NOVEMBER 14, 200 5 - Page 220 CondonsoItTM Page 221 Page 223 I perception that everybody else has to obey the law, but 1 they're building now because that property ~s owned 2 not the City And that's what w~'m deshng with hem 2 individually, but if they were to dull on thetr own 3 Perception becomes reahty We have faced for the last 20 3 property would they have to give notification? 4 years that I've hved hero the perception that Dgaton is 4 MR REICHHART NO 5 hard to deal vnth, that they don't want business, that 5 COMMISSIONER RISHEL okay Thank you 6 they throw away business And I don't know whether It's 6 sir Comnussioner Roy 7 true or not but the perception is consistent and 7 COMMISSIONER ROY I behove the City needs 8 persistent and w~'re going to add to it d we do th~s 8 to follow the ordinance, I mean, the d~slances, the 9 Thank you, Mr Chatrman 9 unt~fication, the hmng, all of these technical llungs 10 COMMISSlO~ mSHEL Thank you. Mr 10 that we have ag~ed And I behove the City will follow 11 Powell Commissioner Mulrey 11 that is my understanding But I hear you saying that 12 COMMISSIO~. MULRO¥ Yeah I'd Just hke 12 there will be an additional burden on the City and the 13 to make an additional comment, Mi- Chmr to respond to 13 applicant if we follow this, the hue of reasoning that's 14 Commissioner Roy We're not creating addl'aunal burden -- 14 coming from several of our Comm~ssion members now Do you 15 COMMISSIONER RISHEL If you would speak to 15 have any sug~sOons? You know what the objectives are 16 the whole group, it would be app~ecia~l 16 frnm the Commission And can you make a suggestion or can 17 COMMISSIONE~MULROY Excuseme IsaldMr 17 anyone on steff make a suggestlon on how we can g~t out of 18 Chair to t~spond to Mr Roy's comments Anyway We're 18 th~s? 19 not adthng an adtht~oual burden We're not crea~ng any 19 Ma RE[CHHART I defer to the attorney but 20 more work than anyone else would have to do We're just 20 maybe it's possible to structure an ordinance that as part 21 not exempting the City frem following its own rules I 21 of a bid process for an oil and ges well that you 22 mean, the process they would hase to go through, th~ 22 incorporate llg dual process Now, I don't know if we can 23 would have to go threugh Susthkewe'renotcreat~nga 23 dothat Imean, thenotlfiuauon, lfwer~xlturothe 24 new process for th~ City, it's just routine business 24 antlficat~on as part of the exemption, whether it would be 25 We're just not going to exempt them from thee' own reutane 25 permlRed by right or not, residents would bo notified Page 222 Page 224 1 business 1 which would M above and beyond the reqturemants m the 2 COMMI~IONER RISHEL Kea~ m nuad that 2 proposed Code 3 Mr Relclthart is the presenter here so he's not 3 What we need to -- what I'm hearing is what 4 necessarily -- 4 we need to ensure is that all of the reqmrements set 5 COMMISSIONER MULROY He has managed to 5 forth in that ordinance are met, is what we're saying 6 duck this Issue 6 And the only requirement that is adchuoanl is that you 7 COMMISSIONER RISHEL [ have a couple of 7 need an sup if you're closer than 500 feet You still 8 questions for you, though, Mr Reachhart If they were to 8 have to meet those reqmronents, but now it's a pubh¢ 9 diqll for od over between Ruddell and Woedrew Lane on the 9 heanng if you're closer than 500 feat I don't know if 10 prope'cty that's owned by tho County, would the County have 10 it can be sO'uctu~ed that, you know, those requu'emeats 11 to come before us end request a penmlt to dull? 11 would be met, you know, but through the sup process you ! 2 MR REICHHART I don't beh~ve so 12 can waive those reqturemants, certain requrt~nants if 13 COMMIS~tONF. R IUSHEt. Or would they have to 13 someone brought forward something else ~ 14 go thre~gh a notification process9 14 COMMISSIONER RISHEL conunlesloner Powell 15 MIL REICHHART NO, ~)y would not t5 COMMISSIONER POWELL Thank you, Mr 16 MRSNYDER They would he eaempt 16 Chairrnan I do want to ureation that havmg recently hcen 17 COMMISSIONER R~SHEL They would be exempt 17 through the process of coming before ~ City for permits 18 If the State, who owns multiple pleses of property in our 18 when we knew we were exempt, we being Denton County, we 19 community, were to come down and want to dull on thatr 19 didn't look at life that way We didn't want, the County 20 property, would ~ be asked to ERplemeat notification or 20 I'm tellang about when I say we, Denton County did not 21 unyllung ~lse~ anything more than by nghtv 21 want the l~reeption that they were going above the law 22 MR REICHHART NO, SIr 22 They came to the City for permits and they've gone through 23 COMMISSIONER RISHEL If the federal 23 all tho igrmg processes for the City I have personally 24 gowa~at owns ~MA, at least one location, maybe they 24 fought tlus City for the last two and a half years on the 25 may own multiple locations hare but not the one that 25 jail eonstructaon Some battles I won Some battles I PLANNIN~ AND ZONING COMMISSION NOVEMBER 14, 2001 Page 224 6 CondensoltTM Page 225 Page 227 I lost But the point I'm getting at is Denton County I urea, we'd like them to give us the courtesy of going 2 Commissioners Court and the Sbenff of Denton County and 2 through our process 3 this representative for the Shenff of Denton County did 3 And so the process that I was speaking of, 4 not feel that we were, that we could be perc~ved as bemg 4 I had a point m trying to bring out, because I reahze 5 above the law So we went through the process 5 that those were not controllable entities for us But I 6 And I can't sit here and vote on somaflung 6 do see that the County has done an excellent Job of trying 7 that ehrmnates the City from going through the process 7 to meet and comply with a lot of the things that they -- 8 I'm sowj, Mr Chau'man, for repeating myself but I think 8 m the processes that they thd not requtre to go through 9 it was necessary 9 So I would lflce to take us, have us take 10 COMMISSIONER alSl4ec You were eloquent 10 the first effort tn going out and seeing those people 11 Thank you 11 du'ectly and askmg them to understand that we have tried 12 MR. REICHaART I need to point out at this 12 to draft somethmg that's umque, that we feel gives our 13 tune, too, I mean, regardless of this ordmunce, which way 13 people and our City and our colra:auntty the best protection 14 it goes, I mean, the City with regards to platting and 14 avmlable to us, although we have a dynamic document, 15 zoning of properly, comes forward within the next, I 15 subject to change That I think if we could notify the 16 believe at the next public hearing, there is a zoning 16 State and the City and the County and the federal, that 17 apphcation brought forward by the City on a piece of 17 they would ail work with us to make sure that proper 18 property So we, too, endeavor to meet and exceed our 18 notification ~s adhered to m our commumty 19 regulations as far as I know It's not that I don't 19 Comintssxoner Ko,th 20 think we're trying to avoid I understand the perception 20 COMMISSIONER KEITH Thank you Mr 21 but 1 don't ~nk we're txymg to avoid the pubha input 21 Re~chhart, I'm going to read thts little excerpt from 22 or avoid the process There is a dual process that would 22 tins, then I'll ask my question City Courted has 23 take place and that Is what, instead of going double, 23 duected the staff to prepare an ordmanee allowing off 24 we're trying to do it in one step 24 and gas dnllmg by right on mumctpal land It should be 25 ~ SNYDER can I Just dovetail on that? 25 noted that many crees exempt dnlhng of mmeral Page 226 Page 228 1 And I'm not saying this to advocate one way or tho other 1 interests on city property from the city's zoning 2 It's your decision what to do But I think the 2 ordinance The reason is based on the notice, bidding, 3 distinction that can be drawn between the City and flus 3 and public beanng reqan'ements of the Texas natural 4 process and another governmental enUty would be that the 4 resources Okay The City has directed the staff to come 5 very governmental body that's making the decision to bei0n 5 up wlth an ordinance What was the City's flunking when 6 with whether to put a gas well on its prop~ty mak~ a 6 they directed you on this? 7 declslononth~frentendtodo~t, and then tums uround 7 MR REICHHART ldon'tknow Iwasnot 8 and makes a decision on the back end to affirm that 8 there 9 through a zomng process 9 COMMISSIONER KEITH okay Was anybody 10 The point ~s there's some redundancy there 10 here present at the meeting? Okay So they just simply Il that wouldn't be the~e if, say, the County was revolved or 11 gave you d~rection on this No plan of action 12 the school district or another governmental entity But, 12 Ma sweoea l m not sure I was at the 13 you know, we certainly, you know, respect your position on 13 meetang, but I think I've got second hand knowledge I 14 that point We're just saying that we just wanted to 14 think what happened was this come up dunng the 15 point out that there would be some redundancy there m 15 discussion, as you probably well know, the City is getting 16 that situation 16 ready to go out for bids on the airport I think it came 17 COMMISSIONER RISHliL Thank you, Mr 17 up in that context 18 Snyder I tYmnk I may have been rmspercelved in my 18 And it was pointed out to the Council that 19 statementthntImade, Mr Reichhurt Mypomtwas 19 thece would be somo redundancy ln that they'll beve to 20 exactly what we have brought up here I would like to see 20 have a public hearing to make the first decision, whether 21 us go beyond hke we have done with our smag uren 21 to go out for b~ds to put the gas well un the property 22 planning tlungs and being able to acer&nato with other 22 There will be a pubhc hearing for that And then there 23 people I would like to see us go out and mal~ burgaanng 23 will be, later on, a zoning case And it was our office 24 agreements with tho County, with the State, with the 24 that recommended that we look at thc exemption because of 25 federal, that we would like, If they want to drill in our 25 the fact of tho redundancy PLANNING AND ZONING COMMISSION NOVEMBER 14, 2001 - Page 228 7 CondonsoltTM Page 229 Page 231 I COMMISSIONER KE[TH okay I'm just lry~ng I COMMISSIONER RISHEL That's correct 2 to get a hendlo on, okay, w~ did send an ordinance up We 2 Commissioner Mukoy 3 made ~xtraordmat~ effort to say, okay, we as th~ Planning 3 COM~ntsstONER MULROY Yes I'd like to 4 & Zoning highly recommended that the City follow their law 4 thank Ed for his word mdundanoc That's correct It's 5 that they creete And now the Clty Councd that'sbeen 5 notenoxtraburden It's just if they follow the rules 6 adopted, hasn't n? 6 they'll have some redundant motions Nothing extra It's 7 MR REICItHART NO, SLr 7 Just some of their actions on behalf of tho City would be 8 COMMISSIONER KEITH It has not yet been 8 redundant 9 adopted? 9 And I want to get to - Ed has stated 10 MR REICHHART NO, sir 10 clearly that this was a suggestaoo made by staff to 11 COMMtssIONRR KEIa'H okay But they have 11 Council Okay And I have a httle heartburn that in 12 been taken through the steps of it, have they not, the 12 making that suggestaon to Planning & Zomng's unanimous 13 City Council? Where docs it set with tho Council at this 13 I'll use thc word, disposition towards thc City exempting 14 to'nc7 14 itself was not related to thc Council It was a 15 MR aEtCH~A~T WC have gene to a work 15 suggestlon tagged ooto a conversation, oh, by thc way, 16 scssien to identify where w~ vnw~ m the process Thc 16 tlus would bca good idea and will get us moving at the 17 outside legal review had to be conducted on that ordinance 17 aa'port So Council says, well yeah, maybe 18 that we sent out That was one of the r~commendunons of 18 And so now it comes to us as Council has 19 llus body 19 thrccted The word I used was subterfuge of our processes 20 It was also thought that it would be better 20 and I'll repeat that and stand by it And that's why 21 to bnng the previous ordmaoea that was recommended for 21 we're here at 12 00 o'clock at night revisiting something 22 approval and thc Land Usc Ordinance ~gether at thc samc 22 that we had firmly took a position on earlier 23 time They would be ready to go forward to City Council, 23 MR SNYDER well, since I think you 24 both the last ordinance subdivision and tho Section 35 24 dm:cted that towards me, I'm not going to argue the point 25 Land Use Zoning Orthnance would be ready December 4th 25 with you I'm just going to say that we know, our office Page 230 Page 232 I The question that I don't know end I don't 1 knew when we made the suggesUoo to the City Council that 2 have control of Is that's the ntght of the joint hearing 2 it would have to come back to you all for a 3 on the Development Code And I don't know if that ~s 3 recommendation So it wasn't like we're trying to, you 4 going to be the only thing on that Agenda or they're gomg 4 know 5 to take additional stuff But tt would bc ready to go 5 COMMISSIONER MULROY yeah, but, Ed, 6 forward December 4th Bamng that, tt would be December 6 someone in your office relished that type of prolonged 7 18th 7 running debate and I really don't So when we close - 8 COMMISSIONER KEITH okay I'm finding 8 I'll be ready to make a motion, Mr Chair, as soon as you 9 some interesting things This ts a suggestion, should we 9 close the heanng 10 bounce this out to you to go back to the Council end give 10 COMMISSIONER RISHEL Thank you, Mr 11 us a clarity of what their content and everything is? I 11 Mulroy Mr Relchhart, if tncr state of Texas decided 12 mean, I ttunk everybody m here is m a little bit of a 12 to drill a well at Mulberry and Avenue C or somctlung, 13 fog, are we not9 13 they den't have te make a pcmut to us, dry they? 14 COMMISSIONER RISHEL I think a simple yes 14 MR REICHHART If they owe that property 15 or no would probably suffice for them 15 no 16 COMMISSIONER KEITH Okay I'mjust -- 16 COMMISSIONERRISHEL if they own that 17 Wcll, I'mjustslttlngheresaylngthatwe'vedoneone 17 property Okay In tlg: process that wn've talhed about, 18 flung end all of a sudden we're getting a contradictory 18 who is going to repmr the roads that access that 19 sttoatlon 19 property? Do we have any right there at ail to assess the 20 COMMISSIONER RPSHEL Conumssloner Kexth, 20 road repmr? 21 enything further? 21 MR REICHHART The road tvpair agreement 22 COMMISSIONER KEITH well, I just find it 22 again, tho road would be assessexi to see If it's deelgned 23 -- well, I wdl say this, I .lust find tt interesting ff w~ 23 -- it really is anticipated I mean, some of the. so gas 24 do approve this or this gees through to the City Council, 24 development plats ar~ going to be g~mg acc.~s right off 25 you know, they could wind up dnlhng In flood plains [25 of University There won't be a road repair agreement in PLANNING AND ZONING COMMISSION NOVEMBER 14, 2001 - Page 232 8 CondcnsoltTM Page 233 Page 235 I that because that road ts designed -- 1 MR REICHHART 5th, I'm sorry December 2 COMMISSIONER RISHEL Can clLrl'y tho load 2 4th ~s the proposed joint heanng with City Conned on the 3 MR REICHHART Can carry that load So ff 3 Development Code 4 the roads, In your example were designed to carry the load, 4 COMMISSIONER RISHEL The 4th, and that 5 winch they probably are, there would be no road repair 5 meeting date starts at what tnv. e~ 6 agreement 6 MR REICHHART I believe 6 00 o'clock 7 COMMISSIONER RISHEL or probably are not 7 That's their normal starting tune so -- 8 Okay SO, normally, would they be requu'ed to carry $2 8 COMMISSIONER RISHEL Okay So we have a 9 nulhon dollars worth of insurance if somettung should 9 meeting on December the 4th, joint meeting with City 10 happen in that ne~ghborhood* 10 Council, a meeting on December the 5th of a regular P&Z 11 MR REICHHART NO They would have to 11 meeting, and a meeting on December the 19th al'ach ~s a 12 follow the Railroad Commission regulatmns and that's It 12 regularly sehaduled meeting, although these are ali skewed 13 COMMISSIONER RISHEL standard procedures* 13 from what our regular, regular scheduled meeting, are 14 MR REICHHART Yes 14 MR REICHHART BeCause of'the hohda)~ 15 COMMISSIONER RI~HEL Okay Yeah, that's 15 COMMISSIONER RISHEL The rewsed Agenda. 16 my point exactly Okay It enncems me that, as I say, I 16 okay I Just wanted to make sure everyone under~ood 17 think ~t makes xt even more of an issue that we go out and 17 that 18 we talk to the &fferent entities of the County and the 18 COMMISSIONER ROY And that was the last 19 State and tho federal and make sure that they're en board 19 meeting, December the 19th9 20 vath us oven though they don't have to, that we have a 20 COMMISSIONER RISHEL Yes 21 working i~gx~,"ment with thom, because we have a very 21 MR REICHHART For the year, yes 22 dtsproportaonate amount of property In our area that's 22 COMMISSIONER KEITH EXCUSe me '0/il! we 23 owned by those other ent~t~es and our C~ty that we need to 23 have any meetings between~Chnstmas and New 5 ears, any 24 be concerned about 24 holidays, anytlung m there* 25 Comnussloner Powell 25 MR REICHHART NO I would enttclpate the Page 234 Page 236 I COMMIS~IONERPOWELL lmsorry Iwasn't I firstmeeUngm excuse me -- next year a~ll be the 2 gomg to bring tlus up but I am now I'll eever forget 2 s~eond Wednesday of tha month Wn haven't set that .-~enda 3 when this first came up, v,~ were In the other room, the 3 yet but as soon as that Is set, you will gel copies But. 4 work room Wc had a different attorney them that night, 4 typically, thc first part of the year, it's thc second and 5 s~r It wasn't you But that attorney, after I brought 5 -- we go right mto the old schedule, second and fourth 6 the subJeCt up, g~ggled and said, oh, well, ~t doesn't 6 Wednesdays of thc month 7 matter, wo'lljusttake~ttoCouncll Well, bydamn, 7 COMMISSIONERKEITH Thankyou, Mr 8 they &d They just took ~t to Counml It didn't 8 Chawraan, for the mformahty of my aslang the question 9 matter, d~d it, that we said ananunously that we felt tho 9 COMMISSIONER RISHEL That's okay We Mx e 10 City should obey theu' own rules Thankyou 10 a motion oo thn floor now and a body to work vath Ii, 11 COMMI~IONF~ IUSH~L Thank you 11 been moved by Commissioner Mulroy and seconded bx - 12 Comnusslooer Mulroy, you said you had a motion you wanted 12 excuse me -- Comaussiooer Powell Thank you An> further 13 to place? 13 discussion regarding Item No 19 on our Agenda? And. 14 COMMISSIONER MULROY Yes I'm golng to 14 once again, would you restate your motion just for 15 move to deny and suggest we take 3ust a couple of minute 15 clarification being we had this short lnterrmsslon? 16 pause that my fellow Commissioner can get back here to 16 COMMISSIONER MULROY The motion is to 17 vote Bu~ I am looking for a second 17 tho ordinance 18 COMMISSIONERPOWELL second 18 COMM[SSIONERRISHEL Thankyou, s~r Aox 19 COMMISSIONER RISHEL That's fine It will 19 further thscusslon? Seeing none, please vote Motion 20 bemdiscusslonstege MaybcMr Re~chhart, mtha 20 camestodeayltemNo 19 on oar Agenda 5 1 21 meantune, will bnng us up to date with what oar msetmg 21 (COMMISSIONER KEITH VOTED IN OPPOSITION 22 schedule la between now and the end of the year Thc next 22 23 v~gelarly scheduled meeting is the 19th of December 24 MR R~ICHHART December 4th 25 COMMIselONER R[SHI*-L Deeamber 4th PLANNINO AND ZONING COMMISSION NOVEMBER 14, 200 - Page 236 9 ATTACHMENT 3 S \Our Documents\Ordmances\Ol\Ofl & Gas Exemption Ordmancee doc ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 35, ZONING, OF THE CODE OF THE CITY OF DENTON, TEXAS, SECTION 35, DIVISION 2 USE REGULATIONS, BY ADDING SECTION 35-79, OIL AND GAS DRILLING AND PRODUCTION BY RIGHT ON MUNICIPAL LAND, PROVIDING A SAVINGS CLAUSE, PROVIDING A CUMULATIVE CLAUSE AND PROVIDING AN EFFECTIVE DATE WHEREAS, The C~ty of Denton, Texas, ~s a Home Rule Munm~pallty located ~n Denton County, Texas created m accordance w~th the provm~ons of the Texas Local Government Code and operating pursuant to the enabhng legislation of the State of Texas, and WHEREAS, The City Council of Denton, Texas, must follow Chapter 7I of the Texas Natural Resources Code, which prowdes for pubhc not~ce and pubhc heanngs, when leasing mumc~pal land for off and gas dnlhng and production, and WHEREAS, The C~ty Council of Denton, Texas, deems it necessary to amend the zomng regulations for off and gas dnlhng and production to exempt mummpal land from zonmg regulations NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION1 That the Code of Ordinances of Denton, Texas is hereby amended by adding Section 35-79 to Chapter 35, Zomng, whmh reads as follows Sec 35-79 Oil and Gas Drflhng and Production By Raght on Mumc~pal Land Off and gas dnlhng and production within the corporate hmlts of the City of Denton shall be permitted by right on land owned by the C~ty of Denton and leased pursuant to Chapter 71 of the Texas Natural Resources Code Off and Gas dnlhng and productmn shall comply w~th all other prowsmns m the Code of Ordinances of the C l~y of Denton, Texas regulating the productmn of oll and gas w~tNn the C~ty of Denton, Texas SECTION 2 All rights and remedies of the City of Denton, Texas are expressly saved as to any and all vlolatmns of the prowmons of any other Ordinance affecting off and gas regulatmns, whmh have secured at the t~me of the effective date of thru Ordinance, and, as to such accrued wolatmns and all pending ht~gatmn, both c~wl and cnmmal, whether pending m court or not, under such Ordmanccs same shall not be affected by tNs Ordinance but may be prosecuted until final d~spos~tmn by thc courts SECTION 3 It ~s hereby declared to be the ~ntent~on of the Cny Council that ~f any of the sections, paragraphs, sentences, clauses and phrases of tNs Ordinance shall be declared unconstitutional or otherwise illegal by the vahd judgment or decree of any court of competent junsdmt~on, such event shall not affect any of the remmmng phrases, clauses, sentences, paragraphs and sections of tNs Ordinance, s~nce the same would have been enacted by the C~ty Council w~thout the ~ncorporatmn ~n tNs Ordinance ot' any such unconst~tutmnal or illegal phase, clause, sentence, paragraph or section 10 S \Our Docum~nts\Ordmances\01\O~l & Gas Exemption Ordmancee doc SECTION 4 This Ordinance shall be cumulative of all prowsmns of Ordtnances of the City of Denton except where the prov~smns of this Ordinance are m d~rect conflmt w~th the prows~ons of such Ordinances, in which event the conflicting prowsmns of such Ordinances are hereby repealed SECTION 5 Th~s Ordinance shall become effective ~mmed~ately from and upon ~ts approval PASSED AND APPROVED thxs the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY AGENDA INFORMATION SHEET AGENDA DATE December 4, 2001 DEPARTMENT Legal Department CM/DCM/ACM Ed Snyder, Deputy City Attorney SUBJECT. AN ORDINANCE APPROVING RESTRICTIVE COVENANTS BETWEEN THE CITY OF DENTON, JVC PARTNERS, INC AND MARRIOTT RENTALS, INC PERTAINING TO AN AGREEMENT IN LIEU OF ANNEXATION FOR LOT 2, BLOCK 1 OF THE MARRIOTT GARDENS ADDITION, LOCATED IN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON AND BEING GENERALLY LOCATED ALONG MASCH BRANCH ROAD, SOUTH OF HAMPTON ROAD AND NORTH OF HIGHWAY 380, AND PROVIDING AN EFFECTIVE DATE PREVIOUS ACTIONS. On this same agenda the City Council will consider the adoption on second and final reading of an Involuntary annexation of the subJeCt property under Annexation Case No A01-0004 At ~ts November 27, 2001 meeting the City Council postponed the final reading of the annexation ordanance m order to allow the City Attorney's office and the property owners an opportunity to finahze a restnctwe covenant agreement winch is being offered by the property owners in heu of annexation THE RESTRICTIVE COVENANTS: We have developed two proposed restnctlve covenant agreements The first form marked as Alternative No 1 ~s an agreement between the C~ty and the subject property owners The form marked as Alternative No 2 adds two nelghbonng property owners as parties to the agreement Both altematwes are identical in every other respect We prepared the two alternatives because we are uncertmn whether the nelghbonng property owners will agree to the restrictive covenants in heu of,annexation The Restrictive Covenants prowde for the following 1 The subject property will not be used for any use other than the ex~stlng uses and structures nor will the existing uses and structures be materially expanded unless the property is zoned to allow such other use after the property is annexed into the City or unless the City gives its prior written consent The existing uses and structures are specifically defined on Exhibit A wlueh contains both a narrative and a drawing Also the existing uses allow for the use ora one time only temporary concrete batch plant for production of concrete for use on the subject property only, winch will expire wlthm six months of the issuance of a permit from the Texas Natural Resources and Conservation Commission 2 The property owners watve all vested rights they have to use the subject property for a batch plant or similar uses, except for the exast~ng uses Upon executaon of the Restrictive Covenants by all partaes, the property owners shall wathdraw all apphcatlons for the batch plant on the property except for the temporary concrete batch plant 3 In exchange for the Restnctave Covenants the City agrees to dlsmass the annexation case and to the extent permatted by law the City agrees not to annex the subject property for a period of five years The agreement not to annex for five years as specffically made severable should a court determine that such promase ~s illegal or unenforceable The property owners agree that the dasm~ssal of the annexation case as by ~tself adequate conslderataon to support the Restnctave Covenants 4 The property owner represents and warrants that there are no ex~stmg hens affectang the subject property 5 The Restnctave Covenants may be enforced by any proceeding at law or ~n eqmty by the Caty and the property owners, and also by the ne~ghbonng property owners should Alternatave No 2 be executed Tbas means generally the Caty could obtain money damages or ~njunct~ve rehef to prevent or remedy a vlolataon of the Restnctave Covenants We have prepared a confidentml attorney-chent commumcat~on m your November 30, 2001 Status Report whmh prowdes you wath a legal analysas of the pros and cons between completing the annexataon or entering into the Restrictive Covenants ~n heu of annexataon OPTIONS' Your optmns are as follows 1 Approve Alternative No 1 Restrictive Covenants 2 Approve Alternative No 2 Restrictive Covenants 3 Approve neither alternative and proceed to the next agenda ~tem and approve the annexataon ordanance for Annexataon Case A01-0004 on its second and final readang Ed S~yder~t Depu~ity Attorney Page 2 S \Our Documents\Ordmances\Ol\Restnet~ve Covenants Mamott dec ORDINANCE NO AN ORDINANCE APPROVING RESTRICTIVE COVENANTS BETWEEN THE CITY OF DENTON, JVC PARTNERS, INC AND MARRIOTT RENTALS, INC PERTAINING TO AN AGREEMENT IN LIEU OF ANNEXATION FOR LOT 2, BLOCK 1 OF THE MARRIOTT GARDENS ADDITION, LOCATED IN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON AND BEING GENERALLY LOCATED ALONG MASCH BRANCH ROAD, SOUTH OF HAMPTON ROAD AND NORTH OF HIGHWAY 380, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton has lmtlated the annexation of certmn real property under Annexation Case No A01-0004 (the "Annexation Case"), and WHEREAS, the owners of the subject property have requested that the City dtsmms the Annexation Case and m heu of the armcxat~on have offered to enter into Resmct~ve Covenants, a copy of winch are attached hereto and made a part hereof by reference (the "Resmctlve Covenants"), and WHEREAS, the C~ty Cotmcd finds that the Resmctwe Covenants are m the public interest, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The remtals and findings contained tn the preamble of tins ordinance are ~ncorporated ~nto the body ofth~s ordinance as ~f fully set forth here~n SECTION 2 The Mayor of the City of Denton, or her designee, is hereby authorized to execute the Restrictive Covenants on behalf of the City of Denton SECTION 3 This orthnanee 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 A~ TO~LECflAL FORM BY Alternate No. 1 RESTRICTIVE COVENANTS STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON THESE RestncUve Covenants ("RestncUve Covenants") are made and entered into as of the day of ,2001, by and between the CITY OF DENTON, TEXAS (the "City'), JVC PARTNERS, INC, a Texas Corporation (the "Property Owner"), and MARRIOTT RENTALS, INC ("Marriott") WHEREAS, the Property Owner is the owner of an approximate 28 4215 acre parcel or tract of land located in the Denton County, Texas within the extraterritorial jurisdiction of the City as more particularly described as Lot 2, Block 1 of the Mamott Gardens Addition according to the plat thereof recorded as document number 97-R0041092 in the Plat Records of Denton County, Texas ("Property"), and WHEREAS, Mamott is a lessee on the Property and has made application with the Texas Natural Resources ConservaUon Commission CTNRCC") and Denton County to construct an asphalt batch plant on the Property, and WHEREAS, the City has initiated the involuntary annexation of certain real property which includes the Property, pursuant to Annexation Case A01-0004 (the "AnnexaUon Case"), and WHEREAS, the Property Owner has requested that the Annexation Case be dismissed ~n exchange for which they have agreed to enter ~nto these RestrieUve Covenants for the benefit of Property Owner, Marnott and the City NOW THEREFORE, in consideration of the covenants contained in these Restrictive Covenants, lnelu&ng the City's d~smissal of the Annexation Case, the receipt and sufficiency of which is acknowledged, the City, Mamott and Property Owner agree as follows 1 The Property Owner hereby declares that all of the Property shall be held, sold and conveyed subject to these Restrictive Covenants, which are for the purpose of protecting the value and desirability of, and wlueh shall run wah the Property and be binding on all parUes having any right, title or ~nterest in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of the Property Owner, City, and their successors, heirs and assigns 2 The Property Owner covenants and agrees with the C~ty that it will not use the Property for any use other than the existing uses and structures or materially expand the existing uses and structures as defined and shown on Exhibit "A" attached hereto and made a part by reference (the "Existing Uses") unless the Property is zoned to allow such other use after the Property xs annexed into the City or unless the Property Owner receives the prior written consent of City The term Existing Uses also mcludes the right to locate, one tame only, on the Property a temporary concrete batch plant for the production of concrete for use on the Property only, which right shall expire within SlX months after the TNRCC issues a permit for the temporary concrete batch plant (the "Temporary Concrete Batch Plant") Property Owner shall not commence construction or development or apply for any permits for uses other than the Existing Uses on the Property, unless the Property Owner first receives City's written consent, or unless the Property has been annexed into the City and as zoned to allow such use If Property Owner breaches its obhgataons hereunder by eommencmg construction or development or applying for a permit for a use not allowed hereunder, such actions shall be deemed a request for voluntary annexation by City and the Property shall, at the discretion of the City, be annexed into the City The Property Owner and all of its successors and assigns covenant and agree that such annexation as voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the tame of such annexation The Property Owner and Marnott hereby wave any and all vested rights including rights and clams that they may have under Section 43 002 and Chapter 245 of the Texas Local Government Code related to uses or potential uses of the Property, other than the Existing Uses Without limiting the foregoing, this waver and covenant includes any use of the Property for an asphalt batch plant or similar uses, except for the Existing Uses (the "Batch Plant") Upon execution of these Restrictive Covenants by all parties, the Property Owner and Marriott hereby agree to immediately withdraw all apphcatlons for the Batch Plant upon the Property currently pending with any governmental entity and agency Marriott agrees to abide by all of the covenants contained in this Section 2 Further, the Property Owner and Mamott acknowledge and agree that the terms, covenants and agreements contained in these Restrictive Covenants do not constitute actions of the City as contemplated by Subsection 2007 003(a)(3) of the Texas Government Code and the Property Owner and Marriott hereby wave any rights, remedies, claims, and causes of action that they may have under Chapter 2007 of the Texas Government Code aganst the City in connection therewith 3 In consideration of the covenants and agreements contamed hereto the City has agreed to dismiss the Annexation Case Further, to the extent permitted by law, so long as there is no breach of the terms or conditions of these Restrictive Covenants, the City agrees not to mvoluntanly annex the Property for a period of five years from the date of the dismissal of the Annexation Case The Property Owner and Marriott represent and warrant that they are represented by legal counsel, that they make these Restrictive Covenants voluntarily, and that the City's dismissal of the Annexation Case and the City's conditional agreement hereto not to mvoluntanly annex the Property are mdlvldually and collectively adequate consideration for the Property Owner's and Marrlott's promises and covenants herein The City's promise contained in this Section 3 regardxng not Involuntarily annexing the Property for a period of five years is hereby declared by the parties hereto to be severable If it is determined by a court of competent jurlsdacta0n to be void, voidable, or unenforceable the remainder of these Restrictive Covenants shall remam in full force and effect as if such provision were not contained herein 4 Any person who sells or conveys any portion of the Property shall prior to such sale or conveyance give separate written notice of these Restrictive Covenants to the prospective purchaser or grantee, along with a separate notice to the City including a copy of such written notice Notice to the City shall be addressed as follows Page 2 S \Our Document~\Contraets\01~RESTRICTIVE COVENANTS A01 0004 Alt I doe C~ty Manager Clty of Denton 215 E McKarmey Denton, Texas 76201 5 These Restrictive Covenants are to run with the land described hereto as the Property and shall be binding on all parties and all persons claiming under them, and any future owners of the Property for a period of fifty years from the date these Restrictive Covenants are recorded These Restrictive Covenants shall not be amended w~thout the prior written consent of the Caty 6 These Restrictive Covenants may be enforced by the Property Owner, the City, and their successors, heirs or assigns by any proceeding at law or m equity Fmlure by the Property Owner or the City to enforce any covenant shall in no event be deemed a wmver of the right to do so thereafter 7 Invahdation of any of the covenants or prowslons contained in th~s instrument by judgment or court order shall not ~n any manner affect any of the other covenants or prowsions here~n set forth and all such remmnmg prowsaons shall remmn ~n full force and effect 8 No subsequent change m the law shall in anyway affect the validity or enforceability of these Restrictive Covenants 9 Th~s instrument may be separately executed in any number of lndlwdual counterparts, and such counterpart s~gnatm'es, when assembled together, shall constitute one and the same instrument 10 The Property Owner represents and warrants to the C~ty that there are no ex~st~ng hens affecting the Property If flus representation and warranty ~s inaccurate it shall constitute a breach of the terms and conditions of these Restrictive Covenants The parties hereto have executed these Restrictive Covenants as of the date first above written JVC PARTNERS, INC By Name President Page 3 S \Our Docun~nl~\Contraet~\01\RESTRICTIVE COVENANTS A01 0004 Alt 1 doc MARRIOT RENTALS, INC By Name President CITY OF DENTON, TEXAS BY Eullne Brock, Mayor ATTEST Jenmfer K Walters Cxty Secretary APPROVED AS TO FORM HERBERT L PROUTY, CITY ATTORNEY BY Page 4 S \Our Documents\Contracts\01\RESTRlCTIVE COVENANTS A01 0004 Alt-I doc ACKNOWLEDGMENTS STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me on the _ day of _, 2001 by , the President of JVC Partners, Inc, a Texas corporation, on behalf of stud corporation Notary Public, in and for the State of Texas My Commission expires STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me on the __ day of ., 2001 by , the President of Mamott Rentals, Inc, a Texas corporation, on behalf of said corporation Notary Public, in and for the State of Texas My Commission expires STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me on the __ day of ., 2001 by Euhne Brock, Mayor of the City of Denton, Texas, on behalf of smd city Notary Public, m and for the State of Texas My Commission expires Page 5 S \Our Documents\Contracts\01\RESTR1CTIVE COVENANTS A01 0004 Alt 1 doc EXHIBIT "A" THE "EXISTING USES" The Exlstlng Uses are described as follows and are located in the structures or bmld~ngs as shown below 2281 Masch Branch Road ~s approximately ll,060 square foot bmld~ng used for Office/Warehouse purposes 2281 A Masch Branch Road Office Trmler The trmler serves as office 2281 B Masch Branch Road This as a building approximately 25,000 square feet designed and used for office/warehouse purposes 2281 C Masch Branch Road Th~s ~s a building approximately 25,000 square feet designed and used for office/warehouse purposes 2281 D Masch Branch Road Th~s ~s a braiding approximately 16,000 square feet designed and used for office/warehouse purposes 2281 E Masch Branch This ~s a building approximately 16,000 square feet designed and used for office/warehouse purposes 2277 Masch Branch Road and Parking Lot This ~s a bmldmg approximately 11,000 square feet designed and used for office/warehouse purposes 2275 Maseh Branch Road Thts is a bmldang approximately 12,000 square feet designed and used for office/warehouse purposes 2269 Masch Branch Road and Parkang Lot, Adjo~mng Fuel Island and Truck Parking Area Th~s ~s the ex~stmg truck shop owned by JTM Two (2) Asphalt Silos & Scales The silos are used for the storage of asphalt The scales are used to weigh the asphalt upon removal from the silos Scale House Th~s is a small office type structure used to store computer eqmpment and serves as an office Two (2) Cement Silos These are used for the storage of cement Guard Trmler This is a trailer used by a night watchman on the Property Page 6 S \Our Documents\Contraets\01\RESTRICTIVE COVENANTS A01 0004-Alt 1 doc Alternate No. 2 RESTRICTIVE COVENANTS STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON } THESE Restrictive Covenants ("Restrictive Covenants") are made and entered into as of the day of ,2001, by and between the CITY OF DENTON, TEXAS (the "City"), JVC PARTNERS, INC, a Texas Corporation (the "Property Owner"), MARRIOTT RENTALS, INC ("Marriott"), , and (collectively the "Neighbors") WHEREAS, the Property Owner is the owner of an approximate 28 4215 acre parcel or tract of land located m the Denton County, Texas within the extratemtonal junsd~etlun of the C~ty as more particularly described as Lot 2, Block 1 of the Mamott Gardens Additxon according to the plat thereof recorded as document number 97-R0041092 m the Plat Records of Denton County, Texas ("Property"), and WHEREAS, Mamott is a lessee on the Property and has made apphcat~on w~th the Texas Natural Resources Conservation Commission ("TNRCC") and Denton County to construct an asphalt batch plant on the Property, and WHEREAS, the Neighbors are the owners of real property near the Property, w~th 's property being particularly described as (" 's Property") and 's property being particularly described as (" 's Property") ( 's Property and 's Property are collectively called the "Neighbors' Property"), and WHEREAS, the City has initiated the involuntary annexation of certain real property which ln01udes the Property, pursuant to Annexation Case A01-0004 (the "Annexation Case"), and WHEREAS, the Property Owner has requested that the Annexation Case be thsmlssed m exchange for whxeh they have agreed to enter rote these Restrictive Covenants for the benefit of Property Owner, Mamott, Neighbors and the C~ty NOW THEREFORE, m considera0-on of the covenants contained in these Restrictive Covenants, mcluchng the City's d~smlssal of the Annexat~un Case, the receipt and sufficiency of which ~s acknowledged, the City, Neighbors, Marnott and Property Owner agree as follows 1 The Property Owner hereby declares that all of the Property shall be held, sold and conveyed subject to these Restrictive Covenants, which are for the purpose of protecting the value and des~rabihty of, and wlueh shall run w~th the Property and be b~ndmg on all parties having any right, title or interest m the Property or any part thereof, their he,rs, successors and assigns, and shall inure to the benefit of the Property Owner, Neighbors, City, and their successors, heirs and assigns 2 The Property Owner covenants and agrees with the City and the Neighbors that it wall not use the Property for any use other than the existing uses and structures or materially expand the ex~stmg uses and structures as defined and shown on Exhibit "A" attached hereto and made a part by reference (the "Existing Uses") unless the Property is zoned to allow such other use after the Property is annexed into the City or unless the Property Owner receives the pnor written consent of City The term Existing Uses also ~ncludes the right to locate, one time only, on the Property a temporary concrete batch plant for the production of concrete for use on the Property only, which right shall expire within sm months after the TNRCC ~ssues a penmt for the temporary concrete batch plant (the "Temporary Concrete Batch Plant") Property Owner shall not commence construction or development or apply for any penmts for uses other than the Existing Uses on the Property, unless the Property Owner first receives City's wntten consent, or unless the Property has been annexed into the City and ~s zoned to allow such use If Property Owner breaches its obligations hereunder by commencing construction or development or applying for a permat for a use not allowed hereunder, such actions shall be deemed a request for voluntary aunexat~on by C~ty and the Property shall, at the discretion of the City, be annexed into the City The Property Owner and all of its successors and assigns covenant and agree that such annexation ~s voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such aunexat~on The Property Owner and Marnott hereby wmve any and all vested rights including nghts and clmms that they may have under Section 43 002 and Chapter 245 of the Texas Local Government Code related to uses or potential uses of the Property, other than the Existing Uses W~thout limiting the foregoing, this wmver and covenant ~ncludes any use of the Property for an asphalt batch plant or s~mllar uses, except for the Existing Uses (the "Batch Plant") Upon execution of these Restrictive Covenants by all parties, the Property Owner and Mamott hereby agree to ~mmedlately w~thdraw all applications for the Batch Plant upon the Property currently pending with any governmental entity and agency Mamott agrees to abide by all of the covenants contmned in th~s Section 2 Further, the Property Owner and Mamott acknowledge and agree that the terms, covenants and agreements contmned ~n these Rastnetlve Covenants do not constitute actions of the C~ty as contemplated by Subsection 2007 003(a)(3) of the Texas Government Code and the Property Owner and Mamott hereby waive any rights, remedies, claims, and causes of action that they may have under Chapter 2007 of the Texas Government Code agmnst the C~ty m connection therewith 3 The Neighbors covenant and agree that they wall not use the Neighbors' Property for an asphalt batch plant or similar uses The Neighbors hereby declare that all of the Neighbors' Property shall be held, sold and conveyed subject to the restrictive covenants contmned in this Section 3, which are for the purpose of protecting the value and desirabdlty of, and whmh shall run with ~the Neighbors' Property and be binding on all pames having any right, title or interest an the N~lghbors' Property or any part thereof, their he~rs, successors and assigns, and shall inure to the benefit of the Neighbors, Property Owner, City, and their successors, heirs and assigns 4 In consideration of the covenants and agreements contained herein the City has agreed to &sm~ss the Annexation Case Further, to the extent permitted by law, so long as there Page 2 S \Our Docuraents\Contracts\01\RESTRICTIVE COVENANTS-A01-0004 Alt 2 doc is no breaoh of the terms or conditions of these Restrictive Covenants, the C~ty agrees not to ~nvoluntanly annex the Property for a period of five years from the date of the d~smlssal of the Annexation Case The Property Owner and Mamott represent and warrant that they are represented by legal counsel, that they make these Restrictive Covenants voluntarily, and that the C~ty's chsrmssal of the A~mexatlon Case, the C~ty's conditional agreement herem not to ~nvoluntanly annex the Property, and the covenants and agreements of the Neighbors' contmned ~n Section, 3 are m~hwdually and collectively adequate cons~deration for the Property Owner's and Mamott's promises and covenants here~n The City's promise contmned in th~s Section 4 regarding not involuntarily annexing the Property for a period of five years ~s hereby declared by the parties, hereto to be severable If xt ~s determined by a court of competent junsdmtlon to be void, voidable, or unenforceable the remmnder of these Restrictive Covenants shall remmn m full force and effect as if such prows~on were not contained herein 5 Any person who sells or conveys any port~on of the Property shall prior to such sale or conveyance give separate written notice of these Restrictive Covenants to the prospective purchaser or grantee, along w~th a separate notice to the C~ty including a copy of such written not,ce Notme to the City shall be addressed as follows C~ty Manager City of Denton 215 E MclOnney Denton, Texas 76201 6 These Restrictive Covenants are to run with the land described here~n as the Property and the Neighbors' Property shall be bmdmg on all parties and all persons clmm~ng under them, and any future owners of the Property and the Neighbors' Property for a period of fifty years from the date these Restrictive Covenants are recorded These Restrictive Covenants shall not be amended w~thout the prior written consent of the C~ty 7 These Restrictive Covenants may be enforced by the Property Owner, the Neighbors, the City, and their successors, he~rs or assigns by any proceeding at law or m eqmty Fmlure by the Property Owner, Neighbors or the City to enfome any covenant shall in no event be deemed a waiver of the right to do so thereafter 8 Invahdatlon of any of the covenants or pmwslons conttuned ~n this instrument by judgment or court order shall not m any manner affect any of the other covenants or provisions hereto set forth and all such remmmng provisions shall remmn in full force and effect 9 No subsequent change m the law shall ~n anyway affect the vahd~ty or enfomeabihty of these Restrictive Covenants 10 Tlus instrument may be separately executed ~n any number of ~ndivldual counterparts, and such counterpart s~gnamres, when assembled together, shall constitute one and the same,instrument Page 3 S \Our Documonts\Contracta\0 I\RESTRICTIVE COVENANTS-A01-0004-Alt 2 doc 11 The Property Owner represents and warrants to the C~ty that there are no ex~stmg hens affecting the Property If th~s representation and warranty is inaccurate ~t shall constitute a breach of the terms and conditions of these Restrictive Covenants The parties hereto have executed these Restrictive Covenants as of the date first above written JVC PARTNERS, INC By Name President MAR_RIOT RENTALS, INC By Name President CITY OF DENTON, TEXAS BY Eulme Brock, Mayor ATTEST Jenmfer K Walters City Secretary APPROVED AS TO FORM HERBERT L PROUTY, CITY ATTORNEY BY Name Neighbor Name Neighbor Page 4 S \Our Documents\Contracts\0l\RESTRICTIVE COVENANTS A01 0004 Alt 2 doc ACKNOWLEDGMENTS STATE OF TEXAS ) COUNTY OF DENTON ) Ttus instrument was acknowledged before me on the __ day of , 2001 by , the President of JVC Partners, Inc, a Texas corporation, on behalf of smd corporation Notary Pubhc, in and for the State of Texas My Commission expires STATE OF TEXAS ) COUNTY' OF DENTON ) This instrument was acknowledged before me on the _ day of , 2001 by , the President of Mamott Rentals, Inc, a Texas corporation, on behalf of said corporation Notary Pubhc, ~n and for the State of Texas My Commtsmon expires STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me on the __ day of ,2001 by Euhne Brock, Mayor of the City of Denton, Texas, on behalf of satd city Notary Public, in and for the State of Texas My Commission expires Page 5 S \Our Documont~\Contracts\01\RESTRICTIVE COVENANTS A01 0004 Alt 2 doc STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me on the __ day of , 2001 by Notary Pubh¢, m and for the State of Texas My Commission expires STATE OF TEXAS ) COUNTY OF DENTON ) Th~s lnstnmaent was acknowledged before me on the __ day of , 2001 by Notary Pubhc, ~n and for the State of Texas My Commission expires Page 6 S \Our Documents\Contracts\01~RESTRICTIVE COVENANTS A01 0004 Alt 2 doc EXHIBIT "A" THE "EXISTING USES" The Existing Uses are described as follows and are located in the structures or braidings as shown below 2281 Masch Branch Road is approximately ll,060 square foot building used for Office/Warehouse purposes 2281 A Masch Branch Road Office Tr~uler The trailer serves as office 2281 B Masch Branch Road This is a building approximately 25,000 square feet designed and used for office/warehouse purposes 2281 C Masch Branch Road This is a building approximately 25,000 square feet designed and used for office/warehouse purposes 2281 D Masch Branch Road This is a building approximately 16,000 square feet designed and used for office/warehouse purposes 2281 E Masch Branch Tbas is a bmldmg approximately 16,000 square feet designed and used for office/warehouse purposes 2277 Masch Branch Road and Parking Lot This is a building approximately 11,000 square feet designed and used for office/warehouse purposes 2275 Masch Branch Road This is a braiding approximately 12,000 square feet designed and used for office/warehouse purposes 2269 Masch Branch Road and Parking Lot, AdJoining Fuel Island and Track Parking Area This is the existing truck shop owned by JTM Two (2) Asphalt Silos & Scales The silos are used for the storage of asphalt The scales are used to weigh the asphalt upon removal from the silos Scale House This is a small office type structure used to store computer equipment and serves as an office Two (2) Cement Silos These are used for the storage of cement Guard Trailer This is a trmler used by a mght watchman on the Property Page 7 S \Our Documents\Contracts\01\RESTKICT1VE COVENANTS-A01 0004 Alt 2 doc Page 8 AGENDA INFORMATION SHEET AGENDA DATE: December 4, 2001 DEPARTMENT' Planning & Development CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT- A01-0004 (MaschBranchRoadAnnexatton) Z01-0005 (Masch Branch Road Zonmg) b Consider adoption of an ordmanee on second reading to involuntarily annex approximately 32 acres of land generally located along Masch Branch Road, south of Hampton Road and north of Highway 380, in the extraterritorial 3urlsdmUon (ETJ) of the City of Denton The Planning and Zoning Commission recommends approval (6-0) (.401-0004) c Continue a public hearing and consider adoption of an ordinance zomng approximately 32 acres of land generally located along Masch Branch Road, south of Hampton Road and north of Highway 380 to the Agriculture (A) zomng district classification The Planmng and Zomng Commission recommends approval (5-1) (ZOl-O005) BACKGROUND An ~nvoluntary annexation proceeding is being considered by the C~ty of Denton for the Masch Branch Road annexation In accordance wath the City's annexation pohcy plan, approved m June 1993, the City will "access on a case by case bas~s" the annexation of areas in the ETJ when significant developments are proposed ~' On November 27, 2001, C~ty Council was scheduled to consider adoption of the annexation ordinance on second reading and hold a public hemng and consider adoption of an ordinance zomng the subject property to the Agriculture (A) zonmg d~smct classfficatlon However, to allow additional tune to work on a restrictive covenant agreement ~n heu of annexation, the City Council continued the annexation proceeding and zomng hearing to their December 4, 2001 meeting Agenda Item "a" (provided as a separate staff report) identifies two proposed restrictive covenant agreement options If one of the options ~s approved, there will be no need to proceed with the annexation and zoning W~th the exception of this bullet item, the mformatmn contained in this report has not changed smee the November 27th meeting ~ On October 9, 2001, City Council considered adoption of the annexation ordinance on first reading No one spoke at the reading } On September 18, 2001, City Council held the second public hearing to consider th~s voluntary annexation No one spoke at the public hearing } On September 12, 2001, the Planning and Zoning Commission held a public hearing and made a reeommendaUon to City Council to approve the proposed involuntary annexation, service plan and proposed zoning to an Agriculture (A) zoning &strict The Agriculture zoning dlstrmt ~s the most restrictive district and will preserve the general conditions of the site, until the City 1 fimshes the c~tyvade rezonmg efforts that began in February 2001 The Agriculture zoning d~stnct ~s typically used as the first zoning d~stnct a property recexves upon annexation into the c~ty hm~ts On September 4, 2001, C~ty Council held the first pubhc hearing to consider th~s voluntary annexation No one spoke at the pubhc heanng The C~ty Council d~rected the c~ty attorney's office to develop an enforceable restrictive covenant agreement that restricts the use of the property instead of an agreement m heu of annexation Due to an insufficient vote to institute the annexation proceedings of the involuntary aunexat~on on June 5, 2001, the C~ty of Denton ~s re-untmtmg the aunexat~on proceedings for the properties as shown On February 27, 2001, City Council d~reeted staffto proceed w~th the annexation of 122 acres located along Masch Branch Road south of Hampton Road north of H~ghway 380 However, after further cons~deratlon, on Apnl 17, 2001, C~ty Council dec~ded to annex only Lot 2, Block 1, of the Marnott Garden Addition and the port~on of land along the east s~de of Masch Branch Road that accomphshes the 1,000 feet m~mmum w~dth requirement for legal annexations The new total area of the proposed annexatmn ~s approximately 32 acres On February 6, 2001, C~ty Council d~reeted staffto m~t~ate involuntary annexation proceedings for the subject s~te On February 27, 2001, C~ty Council dec~ded to include m the involuntary armexat~on approximately 90 acres along the east s~de of Maseh Branch to be m comphance w~th Section 43 054 of the Local Government Code which states that mumc~paht~es w~th a population of less than 1 6 mflhon may not annexed property unless the w~dth at ~ts narrowest point ~s al least 1,000 feet The total area of the proposed annexation was approximately 122 acres A batch asphalt plant has been proposed on Lot 2 Block 1, of the Mamott Garden Addition, located along the west s~de of Masch Branch Road The western port~on of the proposed annexation area encompasses an ex~st~ng sand and gravel processing plant and portion of the county road mmntenance facility The eastern port~on ~ncludes a slr~p of vacant land The Denton Comprehensive Plan 1999-2020 designates the western portton of the proposed annexatton area as an Employment Center and 100 Year Floodplain/Enwronmentally Sens~tave Area The eastern pomon is ldent~fied as an Ex~stmg Nelghborhood/Infill Compat~bthty area The proposed zomng designation under the Development Code ~s Neighborhood Residential-2 (NR-2) Th~s zomng designation will allow primarily resldentml uses w~th a maxamum density of 1 5 unats per acre The annexation area ~s also subject to the A~rport Compatibility Land Use Distract-2 (ACLUD-2) overlay d~strlet After the annexation of the subject property, any development shall be ~n eomphance w~th the regulation included ~n the C~ty of Denton Code of Ordinances, ~neludmg but not hmlted to zomng, subd~ws~on and land development regulations, parkland dedication, and landscape The Texas Local Government Code allows a mun~clpahty to annex mvoluntarlly 10% of the incorporated area as of January 1st of that year Addmonally, ifa munlclpahty falls to annex ~n a calendar year the 10% amount permitted, the mumc~pahty may carry over the unused allocation for use m subsequent calendar years A mume~pahty may not annex m a calendar year a total area greater than 30% of the incorporated area as of January 1st of that year o There were no mvoluntary aunexat~ons ~n 2000 Therefore, the 10% amount was earned over As a result of the carry over and the three annexations already approved 2 (Ryan/Country Club, US 377/I/35W and Blagg Rd), the City has the ability to annex 6,451 49 more acres o In 2001, the City of Denton had proposed to lnvolantanly annex a total of 2,989 acres (Masch Branch, Robson Ranch North, AGF Ranch South and TRIO) Notice of the proposed annexation and zoning designation was published in the Denton Record Chromcle on September 1, 2001 Twenty (20) property owners within two hundred feet were mmled legal notices and twenty-eight (28) residents within 500 feet were sent courtesy notices mformmg them of the proposed annexation and zoning designation As of this wnUng, there have been SlX (6) responses m favor of the proposed annexation and none in opposition OPTIONS 1 Approve as submitted 2 Approve w~th conditions 3 Deny 4 Postpone eonslderataon 5 Table item Separate motions are required for each action RECOMMENDATION The Planning and Zoning Commission recommends approval (6-0) of this annexation request and approval (5-1, Kelth opposed) of the zoning request ESTIMATED PROJECT SCHEDULE The annexation process will be completed by December 4, 2001 PRIOR ACTION/REVIEW The following is a chronology of A01-0004, commonly known as Masch Branch Road Annexation City Council Meeting February 6, 2001 City Council Work Session February 27, 2001 Neighborhood Meeting March 12, 2001 1st City Council Public Hearing April 17, 2001 Planning and Zoning Commission Public Hearing April 25,2001 2nd City Council Public Hearing May 1, 2001 Masch Branch Annexation Proceedings Stopped due to an insufficient vote to ~nttlate proceedings June 5, 2001 1st City Council Public Hearing September 4, 2001 Planning and Zoning Commission Pubhc Hearing September 12, 2001 2na City Council Public Hearing September 18,2001 1st Reading of Ordinance October 9, 2001 Ordinance Published October 13,2001 2na Reading of Ordinance November 27, 2001 FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district It will require no short-term public improvements that are the responslbdlty of the city 3 ATTACHMENTS 1 Location Map 2 Annexatmn Schedule 3 Property Owner Response 4 Annexatmn Ordinance 5 Zoning Ordinance 6 September 12, 2001 Planmng and Zoning Commission Minutes Prepared By Dedra DenSe Ragland, AICP Small Area Planmng Manager Respectfully Submitted ~Sgugla¢e/'given, AIC9 D~rectdr of Planmng and Development 4 Attachment I A-01-0004 (MASCH BRANCH ANNEXATION)NORTH LOCATION MAP Scale None Attachment 2 ANNEXATION SCHEDULE Masch Branch Rd. Annexation Area (A01-0004) Tuesday, September 4 City Council Conducts first pubhc hearing Wednesday, September 12 Planning and Zoning Commission pubhc hearings - make a recommendation to City Cotmcll regarding the proposed annexation and the proposed zoning Tuesday, September 18 City Counml Conducts second pubhc hearing Tuesday, October 9 First reading of annexation ordinance - City Council by a 4/5th vote institutes annexation proceedings Saturday, October 13,2001 Ordinance published in the Denton Record Chronicle Tuesday, November27 Second reading and adoption of annexation ordinance and public hearing for zone change request - City Council by a 4/5th vote takes final action on annexation City Conncll by simple majority vote takes final action of zone change request 6 Attachment 3 Sep 4 2001 3 40Pg [,'o 87~4 ,o I/I NOTT. CE OF PUBL]:C HEAR]:NG A-01-0004 (Mash Branch Road Annexation) The CILy Council of the Ob/of Denton will hold the first of two public hearings on Tuesday, September 4, 2001, to consider annexing approximately 32 acres into Lo t~e corpera~e orb/lima of t~e Oty of Denton, Texas. The property Is located alon~ Hasch Branch Road north of Highway 380 south of Hampton Road as shown shaded In the enclosed map Enclosed for your informat~0n is the annexa~n and zone Change request schedule, wldch notes all the required meebng$ 7~e and Zonln~ C. omml~'lon v/#l hold separate pubhc heartng~ on b~e same properbes, on W~dn~sday~ ~ml~er l~ ~OOZ~ ~ ¢onsIdnr maldn~ a recommemdaff~n ~o City Council ~agatd/n~ the ptopo~d ann~atton andzontn~ the unzoned prope~. The public hearings will start at 6 p r~ in t~e City Council Chamber~ of City Hall located at 2~5 E McK~nnet Street, Denton, Texas Because you own property *v#hln tha proposed annexa#on area or w~ln two hundred (200) fea~ of t~e subject pmpe~t~ the C~ty Council would llke to hear how you aboutttasannexarlonandzon(no~hanoereoues~andlnvltesyoutoat~end~epubhchearlng~ Public hearings are designed to provide oppor~unlUes for cK~zen ~n¥olvement ~nd commen: ~n erder for your option to be taken into account, please return the enclosed form wl~ your comments prior to t~e date of the public headng( rha In no way prohlb~t~ you from attending andpat~'dpa~ng In the publichearlnG) You ~ay ~x It to the number located at the bottom, mall fc to the address below, or drop It o~f In-person' Planning and Development Department 221 N. Blm ST DenEon~ Texa~ Attm Oedra Denee Raglend, A~¢P, Case Manager Pieaae circle one: Opposed to reque~ Comments: Telepl~o~e Number q'~-/~ ' $'~,Go I~'$~J CI7YOFDENTON~ TEXAS CrrCHACLV~ST · DENTON TEXAS 7620~ 940~4g~150 - (F)940~4aT?07 7 NOT CE OF PUBLIC HEARIN A-O:I.-0004 (Mash Branch Road Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, September 4, 2003., to consider annexing approxima~y 32 aces into to the corporate city limits of the City of Denton, Texas The property Is located along Mesch Branch Road north of Highway 380 south of Hampton Road as shown shaded in the enclosed map Enclosed for your Information Is the annexation and zone change reque~ schedule, which notes all t~e required meetings The and Zo#ln~ Commi.~$1on will hold separate puUic heanngs~ on the same properb'e~ on Wednesday~ Nep~ember ~ 200~ to consider maldn~ a recommendation to City Council regardln~ the proposed annexation and zonln9 the unzoned property, The public hearings will start at 6 pm. in the City Co,.ndl Chambers of City Hall located at 215 E McKinney Street, Denton, Texas E~cao~e you o~n prcperb/ ~rth/n the proposed ann~abon am~ or w/th/~ two hundred (~) feet o£ the mbJact pro~, ~'e ~ Couno/ wou/d //ke ~ beer how you aboutthls~nnexa#on~#dzonlnachanaereauea~andm,~te~youtoattendthepubhcheadn~s Public hearings are designed to provide opportunities for cit~ ~z~n involvement and comment ~n order for /our opllqlon to be taken Into account~ please ret~m ~ enclosed form with your comments prior to the date of the public hearing. ( Th/$/n/70 v~a?proh/b~s ~u from attend#Lo and/ ~ ~ubllchearlng,) You may fax It to the number located ~ the bcx~om, mall It to ~he~~ drop It off In-person' Planning and Development Department ~ ~, O 22~. N. Elm ST ,~ c= ~_u Denton~Texas 76201 ~ e. . Attn: Dedra Denee Ragland, A[CP, Case Manager ~1~, e~ Please circle one' '=: Neutral to request Opposed to .~, Comme , o. Printed Name ~liR~",# ~.. ~ i~ ~)o~.~(~h V Mailing Address / ~'/.~ Ja,~ R IA't' ~.~ ci~y, state zip. ~]¢m-Fa,v.'~x. · e ephone Number. S '/- Physical, Address ofProperL~ wlthtn 200 feet ClTYOPDENTON, TEXAS CITYHALLWEST * DENTO,~TEXA$ 76201 * 9403498350 · (F)9403497707 8 NOTT.¢E OF PUBL]:¢ HEARTN& A-01-0004 (Mash Branch Road Annexation:) I'he City Coundl of the City of Denton wlll hold the first of two public heatings on Tuesday~ September 4~ 2001, to consider annexing approxir.~ately 32 acres into to the corporate city limits of the City,of Denton, Texas. The property Is located alon§ Hasch Branch Road north of Highway 380 south of' Hampton Road es shown shaded In the en¢osed rasp Enclosed for your Information Is the annexation and zone chsnge request schedule, whlc~ notes all the required meetings 7~e and Z~nin~ ~mmisslon ~III hold separate ~ubllc hearings, on the same propertlos, on w~lnesdaY~ ~p~mb~r I~ 2001/~o consider meMnv a r~'ommendation to City Council t~ardln~ the proposed annexation and xonlnv the unzonedpropet~y. HcK~nney Street Denton, Tevas Because you own property within the proposed annexabon ama or w/thh~ two hundred (200) feat of the subJect proper~ the Ob/Coundl would like to hear how you feel about this _annexat/on and zonlno chanae moue.et andlnvitos you to attend the public headng$ Public hearings are designed to provide opportunities for crdzen Involvement and comment /n order for your opinion to be taken Into account~ please return the endesed form with your comments prior to the date of the public hearing (7~is/n no way p~5'~/~' you ~'~m atte~d/~g m ~ .r~:~.oa..~. pub//chear//lF,) Y;oOU. may fax It to the number located at the bottom, mall it to 1 dro.,to ,n ers n Attn. Ded~aOeneeRagland, A~CP, CaseHanager mi ~ I~/ · (~n favor of request ~ Neutral to request Opposed ~.~e~ commenta."'"'----~ / ~' Signature ~ / Printed.Name Mailing Address: .~ ~// Ci~, S~te Zip: ~ Telephene Number: ~i~ OF DENTON, TEXAS cl~ ~LL ~ST. De,TON, T~ 76201 · 940 ~9 8350 · (~ ~0 ~e 7707 9 NOTICE OF PUBLIC HEARIN A-01-0004 (Mash Branch Road Annexation) The City Coundl of the City of Denton will hold the first of two public hearings on Tuesday~ September 4t 2001, to consider annexing approximately 32 acres Into to the corporate db/~-nlts of the City of Denton, Texas. The property Is located along Masch Branch Road north of H~gh~=y 380 south of Hampton Road as shown shaded In the enclosed map Enclosed for your Information Is the annexation and zone change request schedule, which notes ali the required meat~ngs The l~/a#n~ng and Zonln~ Comnl/~lo# will hold separate pub/lc hearings, on the same property, on J4/~dne~dayz ~ptember ~2v 200~t ko consider maMng a recommendaUon to City Coundl re~ardinv the pmpo~d annexation and zoning the unzoned propetty, The public hearings will start at 6 p m In the City Council Chambers of City Hall located at 215 E McKInney $~°el~ Denton, Texas Beca/~ee you own properly w/th/n the proposed annexe#on area or within two hundred (ZOO.) ~ of the subj~c~ pmp~ the E~y Co und/wouldlIke to hear how about ~h/s ann~--~n and zonlna chanae re~ue~k and lnvlte~ you to attend the publlc heanngs P~5lic hearings am designed to provlde opportunttles for dflzen Involvement and comment ]~n or'Jet for your oplnlon to be taken into account~ please return the enclosed form with your comment~ prior to the date of the public hearing ( 2'h~' In no wayprohlb/~ you t~rom attending and pe.r.#.dpet/n~ /n ,the pub//cheaffn~.) You may fax It to the number located at the bottom, mall I~ ~ ~ w, or drop it: off tn-person Planning and Development Department 22~. N. Elm ST Denton~ Texas 7620:L Attm Dedra Dense Ragland~ A[CP~ Case Manag; Please circle one. - r Neutral to request Oppo., i request zz Commen~s~- -- ~c~::~ Telephone Number '~ ~ O O0 ~ ~/ Ph~(slcal Address of property within 200 feet. CITY OP DENTON, TEXAS C~TY HALL WEST · DENTON, TEXAS 78201 · 0403408350 · (F)g40349TT07 10 August 23, 2001 Aun Dedm Denee Ragland, AICP C~ mar~ Pl~g ~ De~lo~t ~IN ~ST D~to~ T~ 76201 ~ A-01-~ ~h B~ ~ U~o~ely my ~ ~d I ~ ~ ~le ~ a~d ~e pubhc h~ but ~d ~p~ate it Myou ~d 16 ~ p~ ~ow of o~ ~on We ~ m favor of~e ~exa~on of~e l~d id~2fl~ ~ ~ l~on ~ pw~d~ ~ ~uon offs l~d ~o~d ~low ~ C~V ~o pm~ i~ ~sid~ ~m ~t~ ~d~es ~g b~lt m ~s ~ ~h ~ A~t Pl~ts, ~ wo~d ~ow for ~ ~n~l of ~o~ b~ ~d md~es ~ do e~ m ~e ~opos~ Pl~e ~ ~ ~you ~ for ~ to ~ pre~t ~ ~ve ~y queaion~ S~ly, D~e E. Yea~ L~ E Y~ 2~1 ~a~ Ro~ 2001 ~ Ro~ ~o~ Te~ 76207 D~W~ Tex~ 76207 PLANNING & DEVELOPMENT I1 ---" NO'I"J:¢E OF PUBL'r¢ HEAR'rN A-01-0004 (Mash Branch Road Annexation) The City Council of' the Ob/of Denton ~1i hold the first of two public hearings on Tuesday, September 4~ 2001, to consider annexin; approximately 32 acres into to the corporate db/limlts of the City of Denton, Texas The pmperb/b located along Masch Branch Road north of Highway 380 south of Hampton Road as shown shaded ~ the endosed map Enclosed for your Information Is the annexation and zone change request schecble, which notes all the requlred meetings 77~e and Zonln~ Commission will hold s~pa~te public he~rlngs, on the same properties, on ~Vednesday~ September ~2~ 200~ to con~lder ma#in~ a recommendation to ¢i~/ Council re~ardln~ t~e proposed annexation and zonlng the unzoned properky. The public hearings will start at 6 p m In the Clb/Council Chambers of Cib/ Hall located at 215 E McKInney Street, Denton~ Texas Becau~ you om ~perly within the proposed an~m~-a,~on area or within ~ hundred(200) feat o£the subJectpropert~, the Cl~y Council would like to hear how you feel aboutthl$#l~/lexnttonandxonlnachanaemau~andlnvlZ~syoutoattendthepubllchearlngs Public hearings are designed to provide opportun'~es for dtizen Involvement and comment In order for your opinion to be taken into account, ple~e return the end0sed form with your comments prior to the date of the public hearing ( ~/$ In ~ way ,~roh/b/~ you If~m altead/n~ and pe~t/c/~a#n.q In the pub//ch~a#n.~) You may fax It to the nurr,~er located at the bottom, mall it to the address below, or drop It off In-persom Planning and Development Deparb 221 N. Elm ST Denton~ Texas 7620L Attn.' Dedra Denee Ragland~ AICP, Case P~ease circle one~ PLANNING & DEVELOPMENT ~ Neutral to Opposed to request request Comments: Printed Name: ('') --~c~e: f'P~ 5. t.!~.~. Mailing Address: ~c~ ~,/~e'r' 0 rJ~t~ ~St~l o~, s~ z¥, ~ ~ ~ ~oq TeiephoneNumber. ~ - ~ - ~5C~ Ph~si~l ~r~ of Prope~ wl~ln 200 fee~ ~M~ CI~ OF DENTON, TE~$ C~ST. D~ON T~8 76201 , g40~98350 · (F)~0~97707 ]2 NOT]:CE OF PUBLIC HEAR]:NG A-0:L-0004 (leash Branch Road Anne(ab]on) i The City~Council of the City of Denton will hold the first of two puba¢ hearings on Tuesday, September 4, 200;L, to conside~ annexing approximately 32 acres Into t: the corporate cID/limits of the CID/of Denton, Texas The pmperD/Is located along Masch Branch Road north of Highway 380 south of Hampton Road as sl~wn shaded In the endosed map Enclose: for your Information is the annexation and zone ohange request schedule, which notes all the required meetings ~e and Zo#lnv Commi~lon w~ hold ~parate public hear/ng~, on the same propeddes, on 141~dn~day~ S~p~mb~r l~ 200~ ~o con. Idac makin~ a re~ommendalYon to City Council ravardln~ ~h~ propo~d annexa~fon and zonln~ th~ unzoned pmp~ty. ~lc~dnnay, $~reet~ Denton, Tex~s Bec~u~-e you own propert,/w/~/n Dgeyropo.eedannexat/on area or within two hundred (200) (eet o£ ~ge subJec~ properb/, the C~y Counol wold Y~ke t~ hear how you about 6915 ~nnexa#on and zomno chan~e re~ue~ and In~te~ you ~o at.nd the pubhc hearings the dats o~ the punic hasd~ ~ ~hls In no wayprohlblts you from a#en.~ng andpar#clpa#ng In the Planning end Development Department 22~ N. Elm ST Denton, Texas 7620:L Attn: Dedra Denee Ragland~ AZCP, Case Man,er Please circle one: [n favor o~reque.~ Opted to request Telephone Number ~ ~( ~-- '~ ~? ~/~ ~ ? ~( O ~IT~ OI= D~ITON, TEXAS cmr ~LLWEST · D£~rro~. TEX~S ?e~o~ · ~o ~ ~.~o · (~ ~o ~,~ ~o? Attachment 4 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 31 53 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED ALONG MASCH BRANCH ROAD SOUTH OF HAMPTON ROAD NORTH OF HIGHWAY 380 IN THE S HUIZAR SURVEY, ABSTRACT NO 514 AND W BRYAN SURVEY, ABSTRACT NO 148, DENTON COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE (A01-0004) WHEREAS, on July 24, 2001, the City Council directed staff to lmtlate the annexation proceedings for annexation ofapproxlmately 31 53 acres of land, and WHEREAS, on September 12, 2001, the Planning and Zomng Commission recommended approval of the annexation, and WHEREAS, the City Council finds that the area being annexed contains fewer than 100 separate tracts of land on whtch one or more residential dwellings are located on each tract, and WHEREAS, this annexatton is being made under Subchapter C-1 of Chapter 43 of the Texas Local Oovemment Cod~, and WHEREAS, the City Council finds that all reqtured notices were given m the ttme and manner required by law, and WHEREAS, public hearings before the City Council were held in the Council Chambers on September 4, 2001, and September 18, 2001, (both days being on or after the 20t~ day but before the 40th day of the date of the mst~tutaon of the proceedings) to allow all interested persons to state their views and present evidence bearing upon th~s annexation, and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on October 9, 2001, and WHEREAS, this ordinance has been published in full one time in the official newspaper of the Ctty of Denton after annexation proceedings were instituted and 30 days prior to City Council taking final act~en, as required by City Charter, and WHEREAS, the City Council finds that the annexation vail allow the ctty to ensure development consistent vath The Denton Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS 14 SECTION I The tract of land descnbed m Exhibit "A", attached hereto and incorporated by reference, is annexed to the City of Denton, Texas SI~¢TION :~ The service plan attached as Exhibit "B", and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance The service plan was made available for public inspection and explanation to the inhabitants of the area being annexed at the above described public hearings SI~CTION 3 Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remmmng portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all the real property described m Exhibit "A" regardless of whether any other part of the described property is hereby effecUvely annexed to the City If any pan of the real property annexed is already included within the city limits oft.he C-hty of Denton or within the lwalts of any other city, town or village, or is not v~ttun the City of Denton's junsdlction to annex, the same is hereby excluded from the territory annexed as fully as ffthe excluded area were expressly described in this ordinance SECTION 4 This ordinance shall become effecUve lmmechately upon its passage and approval PASSED AND APPROVED flus the __. day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM 15 EXHIBIT "A" All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the W Bryan Survey, Abstract Number 148 and the S Huizar Survey, Abstract Number 514 and also being Lot 2, Block 1 of the Marriott Gardens Addition as recorded in Cabinet N, Page 230, Plat Records, Denton County, Texas, and being more particularly described as follows BEGINNING at a point being the southwest comer of Lot 2, Block 1, of said Marriott Gardens Addition and being in the present Denton city limits as established by Ordinance No 86-23, THENCE North along the west line of Lot 2, Block 1, of smd Marriott Gardens Addition, a distance of 1,371 66 feet to the northwest comer of Lot 2, Block I, of said Marriott Gardens Addition, THENCE South 89 degrees 48 minutes 00 seconds East along the north line of Lot 2, Block 1, of soad Marriott Gardens Addition, passing the west right of way line of Masch Branch Road as dedicated by smd Marriott Gardens Addition at a distance of 901 47 feet and continuing for a total distance of 1,000 01 feet to a point for comer, THENCE South for a distance of 1,375 44 feet to a point for comer, THENCE North 89 degrees 35 minutes 00 seconds West for a distance of 98 53 feet to a point lying in the west right of way line of smd Masch Branch Road as dedicated by said Marriott Gardens Addition and continuing along the present Denton city limits as established by Ordinance No 86-23, and also being the south line of Lot 2, Block 1, of said Marriott Gardens Addition for a total distance 1,000 03 feet to the POINT OF BEGINNING and containing 31 53 acres of land 16 EXHIBIT "B" CITY OF DENTON ANNEXATION SERVICE PLAN FOR A01-0004 (Maseh Branch Road) L AREA ANNEXED The annexation area is located in the western pomon of Denton's Extratemtor~al Junsdmtton and contmns approximately 31 53 acres along Masch Branch Road south of Hampton Road north of Highway 380 I1. INTRODUCTION Tills service plan has been prepared xn accordance with the Texas Local Government Code, Sections 43 021, 43 065, and 43 065(b)-(o) (Vernon 1999, as amended) Mumelpal facflltxes and servmes to the annexed area described above wall be provided or made avmlable on behalf of the City m accordance wath the following plan The City shall provide the annexed tract the levels of serwce, ~nfrastmcture, and infrastructure mmntenance that are comparable to the levels of servme, ~nfrastmcture, and infrastructure mmntenance avaalable in other parts of the mty with s~mdar topography, land use, and population density III. AD VALOREM {PROPERTY OWNER} TAX SERVICES A. Pohee Protection, Code Enforcement, and Animal Control Police service, mcluchng patrolhng, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using emst~ng personnel and equipment Code enforcement and ammal control services will also be provided to the property upon the effective date of the annexation B Fire Protection Fire protection (wathln the limits of ex~stlng hydrants) and emergency medmal services will be provided to the property upon the effecttve date of the annexation The estimated emergency response time m this area is 10 nnnutes, which is s~mflar to responses for surrounding properties w~th~n the c~ty limits The City of Denton will provide emergency medical services ("EMS") C. Roads and Streets Roads and streets, which have been properly platted, duly dedmated, and accepted by the City of Denton and/or Denton County shall be malntmned by the City of Denton on the effective date of the annexatton Installation and mmntenance of street s~gns, street hghttng and traffic control dewces will be mmntained by the C~ty of Denton on the effective date of the annexatmn D. Parks and Recreation Faeihtles Parks and recreational facfllttes ~n the area to be annexed will beg~n upon the effecttve date of the annexatton according to the 2000 Parks and Recreation Master Plan No parks are currently located within the proposed annexatmn area Denton neighborhood park famhttes are located wahln reasonably close distance of the 17 proposed annexation area Residents of the proposed annexation area will be able to use existing C~ty of Denton park and recreation facilities and programs E. L~brary Services Library services will be made available on the effective date of the annexatxon on the same basis and at the same level as s~mflar hbrary facilities are maintmned throughout the c~ty F. Building Inspections and Consumer Health Services Building mspectmns and consumer health services will be made available on the effective date of the annexatmn on the same bas~s and at the same level as similar facflmes are mmntmned throughout the C~ty Both servmes are prowded on a "cost recovery" bas~s, and permit fees offset the costs of services delivered Incomplete constmctmn must obtain building permits from the Building Inspections Department of the C~ty of Denton G Planning and Development Services Planning and development services will be made available on the effective date of the annexatmn The Planmng and Development Department currently servmes this property by way of adm~mstratinn of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulatmns City Cotmcfl adopted The Denton Plan, the mty's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999 Thc Future Land Use Plan addresses both land m the c~ty and ~ts ETJ, and the subject tracts contmn Existing Ne~ghborhood/Infill Compatibility Areas, Employment Centers, and 100 year Floodplain/Envlronmantally Sensitive Areas The Denton Plan designates future land uses to manage the quahty and quantity of growth by organizing the land use patterns, by matching land use ~ntenslty with available Infrastructure, and by preserwng floodplmns as enwronmental and open space corridors Thc Denton Plan will be used as a basis for final zoning classffications after the properties are annexed IV. UTILITY (RATEPAYER) SERVICES A. Sohd Waste Collection The City of Denton ~s the exclusive residential and commermal sohd waste service prowder in the City The Department ~s an entirely fee based operation and received no resources from taxes Sohd waste collection servme will be prowded to the property upon the effective date of the annexation using emst~ng personnel and eqmpment Residents have the option to choose between a private company or serrate w~th the C~ty of Denton The City of Denton Sohd Waste Department will honor emstmg contracts w~th private sohd waste service providers after the effective date of this armexataon in accordance with Texas Local Government Code, Section 43 056(o) (Vernon Supp 2000) To receive sohd waste collection service, the customer must contact the Cxty of Denton Customer Service Office and submit a request/apphcat~on for service Currently the s~te contains 3 res~dentml umts, a sand and gravel processing plant, and county road maintenance famhty 18 B Water/Wastewater Faeihties Mmntenance of water and wastewater faclhtles in the area to be annexed that are not wathm the service area of another water or wastewater utlhty vall begin upon the effective date of the annexation using existing personnel and equipment Currently, the majority of the area to be annexed ~s provided with a private water well and a private wastewater system A City of Denton waterline exists m the annexation area Addmonal water and sewer hnes are located along the boundaries of the annexation area The C~ty shall provide a level of water and wastewater service, infrastructure, and infrastructure mmntanance that is comparable to the level of services, infrastructure, and infrastructure mmntenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area C. Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation The Caty shall provide a level of drainage services, infrastructure, and infrastructure maintenance that Is comparable to the level of services, infrastructure, and infrastructure mmntenance avmlable m other parts of the city with topography, land use, and population density s~nnlar to those reasonably contemplated or projected in the area D. Electrical Services Denton Municipal Electric is certified by the State and is obhgated to provide electric utility service to the annexation area should a request be made by a property owner Electrm utility service will be made avmlable on the effectxve date of the annexation on the same basis and at the same level as similar famhtles are mmntamed throughout the city Denton Municipal Electric is the current electric service provider for flus site V. OTHER SERVICES Other services that may be provided by the City, such as municipal and general admmxstratton will be made available on the effectxve date of the annexation The Cxty shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, mfrast~mcture, and xnfrastmcture maintenance available in other parts of the City vath topography, land use, and population density similar to those reasonably contemplated or projected in the area VI. CAPITAL IMPROVEMENTS PROGRAM (CIPJ No new construction of addltxonal water, sewer, street, and drainage facilities is contemplated w~thur the annexed area as a result of this annexation because the annexed area on the date of annexatxon will have a level of full mumclpal services equal to other areas wlthm the CRy having similar characteristics of topography, land use, and population density Thus, no construction of public improvements xs contemplated as a result of this annexation that would begin w~thm two and a half (2 ½) years after the effective date of the annexation The City shall consider construction of other public improvements as the needs dmtate on the same basra as such public improvements are considered throughout the City for areas having similar characteristics of topography, land use, and population density 19 VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing ~n th~s plan shall reqmre the C~ty to prowde a uniform level of full mumclpal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service VIII. TERM This service plan shall be valid for a term often (10) years Renewal of thc serwc¢ plan shall be at the d~scret~on of C~ty Council IX. AMENDMENTS The service plan may be amended if the City Council determines at a pubhc hearing that changed cond~tions or subsequent occurrences make this service plan unworkable or obsolete The Cxty Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43 056 (Vernon Supp 2000) 20 Attachment $ ORDINANCE NO. 2001- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF LAND, COMPRISING APPROXIMATELY 32 ACRES IN THE CITY OF DENTON TO THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION; THE TRACT BEING GENERALLY LOCATED ALONG MASCH BRANCH ROAD, SOUTH OF HAMPTON ROAD AND NORTH OF HIGHWAY 380, IN THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION; PROVIDING A PENALTY CLAUSE AND AN EFFECTIVE DATE (Z01-000~). WHEREAS, the City of Denton has mllaated the original zoning for an approximate 32 acres of land being annex into the City of Denton, to Agricultural (A) zomng chstnct classification and use; and WHEREAS, on September 12, 2001, the Planning and Zomng Comrmsslon recommended approval of the requested zomng, and WI-IEREAS, the City Council finds that the zomng is consistent w~th the Comprehensive Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1. The zoning dlsmct classification and use designation of the approximate 32 acre property as described m the legal desenphon attached hereto and incorporated hereto as Exbablt "A" is hereby zoned to the Agricultural (A) zoning district classification and use designation under the eompreheuslve zomng ordinance of the City of Denton, Texas SECTION 2, The City's official zomng map is amended to show the change m zoning district olassifieataon. SECTION 3 Any person violaUng any provision of this ordinance shall, upon conwctaon, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance ~s violated shall constitute a separate and distract offense SEC~ON 4 Tlus ordinance shall become effective fourteen (14) days from the date of its passage, and,the City Secretary is hereby directed to cause the caption of flus ordinance to be pubhshed twice in the Denton Record-Chromele, a dmly newspaper pubhshed in the City of Denton, Texas, witlun ten (10) days of the date of~ts passage 21 PASSED AND APPROVED tlus the day of ., 2001 EULINEBROCK, MAYOR ATTEST JENNIFERWALTERS, C~Y SECRETARY BY APPROVED AS TO LEGAL FORM' HERBERT L PROUTY, CITY ATTORNEY EXHIBIT "A" All that certain lot, tract or parcel of land lying and being s~tuated ~n the County of Denton, State of Texas, and being part of the W Bryan Survey, Abstract Number 148 and the S Hmzar Survey, Abstract Number 514 and also bemg Lot 2, Block 1 of the Mamott Gardens Addition as recorded ~n Cabinet N, Page 230, Plat Records, Denton County, Texas, and being more particularly described as follows BEGINNING at a point being the southwest comer of Lot 2, Block 1, of smd Marriott Gardens Addition and being ~n the present Denton c~ty hm~ts as estabhshed by Ordinance No 86-23, THENCE North along the west hne of Lot 2, Block 1, of smd Mamott Gardens Addition, a d~stance of 1,371 66 feet to the northwest comer of Lot 2, Block 1, of smd Marriott Gardens Adcht~on, THENCE Soath 89 degrees 48 minutes 00 seconds East along the north hne of Lot 2, Block 1, of smd Marriott Gardens Adchtxon, passing the west right of way hne of Masch Branch Road as dedicated by smd Marnottl Gardens Addition at a d~stance of 901 47 feet and cont~nmng for a total d~stance of 1,000 01 feet to a point for comer, THENCE South for a d~stance of 1,375 44 feet to a point for comer, THENCE North 89 degrees 35 m~nutes 00 seconds West for a d~stance of 98 53 feet to a point lying ~n the west right of way hne of smd Masch Branch Road as dedicated by smd Marnott Gardens Addition and contmu~r~g along the present Denton c~ty hunts as estabhshed by Ordmance No 86-23, and also bexng the south hne of Lot 2, Block 1, of smd Marnott Gardens Addition for a total d~stance 1,000 03 feet to the POINT OF BEGINNING and contmmng 31 53 acres of land 23 Attachment 6 Planning and Zomng Commission Minutes September 12, 2001 7 Hold a pubhc heanng regarding the proposed involuntary annexation, servme plan and proposed zoning for approximately 32 acres of land generally located along Masch Branch Road, south of Hampton Road and north of H~ghway 380, in the extraterntorml junsdlctmn (ETJ) of the C~ty of Denton A batch asphalt plant as proposed (A01-0004 Masch Branch Road Annexation & Z01- 0005 Masch Branch Road Zoning, Dedm Ragland) a Consider making a recommendation to C~ty Council regarding the proposed armexatlon (A01-0004, Masch Branch Road Annexation) Motion by Vmkt Holt and seconded by Susan Apple to recommend approval to C~ty Council *Dascussxon of atom as ~ncluded m the Court Reporter's transcript attached to this set of m~nutes (Page 29) Motion carries 6-0 - Commissioner Joe Mulroy excused himself from this pubhc hearing due to conflict of interest b Consider making a recommendauon to C~ty Council regarding the proposed zomng to an Agriculture (A) zomng d~stnct (Z01~0005, Masch Branch Road Zomng, Dedra Ragland) Motion by V~cka Holt and seconded by Salty Rashel to recommend approval to City Council *Discussion of atom as included m the Court Reporter's transcript attached to th~s set of minutes (Page29) Motion carries 5-1-Commissioner Joe Mulroy excused himself from this pubhc heanng due to a conflict of interest Commissioner Ball Keath opposed Coati,asciiTM Page 29 Page 31 I re,~ta~ that mo~ In any ~, s~ or r~ ~ ~ I A bat~ ~p~t pl~t ~s propo~d St~f ~s mco~dmg 7 st s suU an issue, ~'11 bring tt up at ~t time ~ ~c~ ~ pr~ 9 ~sslo~ ~ ~c~ iai ~ls n ~ ~ ~u ~k 9 ~ ~W~a TMnk you, Mr ~ Could 10 ~u,~ ~ I0 y~ ~ a ~ ~ ~c~ng ~d ou~m~ w~t's going to ~ 11 ~l~on~daisl~No 7 I1 ~x~on ~h~skctchthcm~ I'mconfu~ 12 andit's~ldap~blic~ng~pm~s~ 12 ~m ~G~D what'sgol~~ 13 lnvolun~ ann~, ~c~ phn, and p~pos~ ~nmR 13 ~ ~ 14 ofapp~ly32ac~ofland~l~l~al~al~g 14 ~lR ~Wa-- Okay ~ankyou You~ 15 ~sch B~nch Roa~ ~ of Hamp~n Road. ~d n~ of 15 ~m~ ~out a fl~ ~d I w~ c~fu~ but 1 probably 16 Ht~y )80 tn ~ ~1 j~&cgon of ~ 16 J~ ~'t ~d wha you 17 Cuyof~n~n Abawhasp~ltp~t~ ~ 17 ~5 ~G~D well.~yo~map, l~leve 20 ~cus~ n~ ~ ~s i~ 20 ~ ~ ~xt~ m~ to ~m 21 M~ ~ISH~ anyono o~ ~t n~ to ~c~ 21 ~m ~wi~ oh, I ~ what you ~ I 22 ~fmm&tsl~? ~a~you,~ Mu~ It's 22 ~'t~uce~t ~ankyouve~m~h 23 ~n~by~¢oun~l~t~op~up~of~ 23 ~ ~tOL&~9 YOU'~I~ 24 ~tt~8 ~d so 8mg~ A of ~s la const~ maMng a 24 ~ ~H~ C~sston~ Roy 25 ~tlon to CIW ~ofl ~ ~ pm~ 25 ~LZ ROY ~- ~ sl~ n~ ~ is f~tlltl~ P~e 30 Page 32 I an~ati~ And ~t is A01~4, Masch B~nch R~ I ~ ccm~on And ~ ~nox ~s and o~ngo it to 2 an~aa~ Andl~No Bisconsl~a 2 ~,'ahatmp~s~thefacdltl~t ~ 3 mo~tt~ ~ C~W ~noil ~i~ ~ prop~ 3 c~ &~ It .~tln~s, tM cons~c~on of 4 mmngm~cul~,A zon~ ~d~t~uld~ 4 5 Z01 ~05~ ~sch Bm~h R~d ~nmff And ~ Raghnd ~ 5 ~ LR ~HEI Mr Re~c~ would like to 6 p~m 6 ~ on ~t for you ~' ~ ~ ~ ~~o~ ~ ~' Y ,m. ~C~.~T They would ~ ~1~ ~ mmntam 8 ~a~g~nd,~all~Phnmng~ Asindlca~ 8 ~f~'Ittl~ ~dmgonw~tthcy~,~y~y 9 ~n~k ~'m~ ~ ~M pubM ~ on ~ ~sch 9 n~ ~ ~te to ~la~ them In ~ fu~, but ~ would 10 Brach m~olun~ ~n~flon and ~ Masch ~n~h ~g 10 ~ ~n~ ~ p~ng n~fo~mg 12 ~S ~ i~s ~s Is ~ lnvol~ a~at~n 12 ~e ~e * m ~ ~s &nd t~ ~der futm d~velopm~t, 13 ~fo~ ~ apph~m is ~ Ct~ of ~u 13 ~'d ~e to ~c0~ to t~ ~nlng r~l~ts 14 ~ ~ahon of ~ ~b~t pmj~t ss 14 ~LZ ~HEt If they wanted to exp~d, t~'d 15 p~M~ ~ ~ ~ ~d a~o m ~ bac~p ~ p~ 6 1~ 16 I woMd ~ ~ poMt o~ ~, ~s is a ~ ~ 16 ~L~ROY I7 Smcc~pflnflngofyo~smff~s~si~ 17 _ 1~ ~c~:~lmnatu~and~r~nwho 18 ~ and ~s ~p~on ~t ~ pubhs~ m ~ 1~ b~t ~ ~d ~ ~1o to contm~ to o~t6 ~ m 19 ~n ~.C~mo~ aM ~ ~ p~ o~m We'~ 19 ~ wa3 ~t ~ h~ ~d~ wh~ h~ ~d b~ll~ng 20 ~ ~at lns~d of a ~ s~ p~ wMoh I 20 21 ~ ~, W~t's ~own t~ y~ may. ~t ts ~al~ a 21 ~ ~G~9 22 ~rpl~e We'voconsul~wi&~al~d~ 22 ~a ROY ~kyou 23 sgll -- ~ ~ ~1 ~n~ f~ ~ ~on 23 ~ ~HEL Co~sstonem, any f~r 24 ~s ~g~ is ~ mM~a~ d~ ~ an 24 q~lon- of ~ 25 msuff~ vo~ by ~ CiW ~ncil ~ ~ 5~, 2~1 25 ~ PO~ Ye~ one PLA~ A~ ZO~O CO~S81ON SE~ I~ 2001 Page 29 - Page 32 25 Cond. e~soltTM ' ~ ~33 Page 35 I M~ Rlglf~l, commissioner ~1 1 b~Jldtng a hmld~ ~ ~d ~'s ano~ building, 2 ~ ~L ~CU~ ~n ~ls 2 l'mnots~ff~'sM~n~a'sbut ~ M~o~ 4 ~m it ann~ ~ w~t ~ ~ ~n? 4 ~n M~Ot~ Bm ~ Mahou wnn~ ~ pm an esprit 7 M~ ~WELL ~d ' ~Vl ~ 7 WO app~m~ all ~ effo~ and wo& ~l you 8 M~ ~ISH~L O~ ~t~, ~lS IS a pubic 8 hav~ ~nc and ~s ~s 9 ~ng ~nk y~ ~ ~ would h~ ~ s~k f~ 9 ~ton ~s a ~t place to hve and ~'d love to k~ it 10 anmxal~ tf I co~d ~ ~ come t~ at ~as 10 ~tway l I ~ ~S ~ ~ ~lh ~ ~nl~g a~ ~ 11 MR R~HEL. Thank you, Ms ~yo ~y 12 an~auon ~ 12 ~tmns, Co~sion~s, of Ms ~? ~ ~u Anyone 13 Mg~V~ ~mL~yo Ilt~at~913 13 d~once~m ~tismfav~of~lnvol~ 14 Hat~ I~ ~ P~m~ ~'s ap~x~ ~S ~m 14 ann.,on? An~e ~s~ m ~ au~ ~t is m favor 1~ m~lwoliv~l~ A~dI'm~ask~u~ Ii of~mvolunta~ann~a~on? S~ngnooneg~who 17 a~d zono ~ ~ a~ Ma~ B~h P~d 17 is ~ anyono w~'d ~ ~ s~k ~mst ~ 21 ~llution f~m an asp~t phm ~t ~ o~ ~ 21 ~nff 22 M~y ol~ ~p~ ~ ~ ~l~ probl~a a~ s~ ll c{osv ~ pubhc ~rmg for bo~ 23 china wl~ ~ous a~a p~b~s 11~ m ~ 23 ~omng and I will ask Ms R~land Io ~ us ~ Ci~'s 24 Es~ 24 closl~ ~k8 P~c 34 Page 36 I As~m~o~ offi~ tn DaB~ and ~ as~m ~ ~t ~ I ap~val for ~ ~ a~hon and ~ ~nmg 2 po~on f~ ~ a~t p~m w~ld ~ ~1 ~ ~ 2 Ma sm~r ~nd, ~n~:ssmn 4 vola~ ~ o~n~un~ ~t c~ ~m ~l, w~ ~ 4 M~ POWELL ihav¢ a qu~uon of s~ff and I $ co~ m co~t wt~ ~ s~ f~ ~d ~1 $ don t kn~ whtch stuff m~ ~uld ~ ~t I'm ~nd of 6 ~o~ ~aHof~k~ow~'~a~dyoutof 6 l~gat~a~anddown~lsway Howw~M~ 7 ~mphan~ wi~ o~ ~ l~el o~ ~s ~b ~ 7 C~ hm~t an asp~k p~nt 8 ls 8 ann~ and if ~t ~s ~ zonm~ D~ ~t ~ an 9 ~ a ~/~1 ~, ~ iS also 9 asp~h plant coMd not go ~ ~ wo~d Mw ~ go ~ 12 ~I ~on ~s in ~ ~ ~ ~n~ ~ 12 want Io build an esprit 13 con~tna~ Ach~isn~by, aO~lS~t 13 MZ~O~ r~asp~tp~ntlsnot 15 ~aBofy~kn0wifyou'v~B~on$~ 1~ ~pmp~n~ So~t'stl~e~ Wccould 16 ~sa~Yam~p~b~on3~ ~d~ 16 pro~b~tg~fromputtmg~asphaltp~nt I'mnot 17 a~asp~l~agksmtMtw~d~tl~m~ 17 _s~wMt~nmgclass*ficatmn~'dn~ ~bably 18 of ~t - o6 ~t ~. W~'m also c~ ab~t ~ 18 L~gM ~dmmal 19 val~ of o~ pm~, but o~ ~1~ ~s m~ of a con~ 19 m~ ~ow~cc t~ you v~ much 21 I ~ ~an ana~ a q~on You ~ 21 MR KE~ V~ ~at's On ~ p~ no~ 22 as~ wh~ ~ ~n ~ ~s a ~l 22 ~ ~ any s~c~ ~ an~ng on ~ n~ 24 ~a pm~y gO ~ Bd~ ~d ~ on 3~ ~k 24 ~e p~ of bufl&~g PLATO A~ ZO~ co~SSION SEP~ER 12, 2001 P~e 33 - P~e 36 26 CondonseltTM Page 37 Page 39 I have they got th~ foundation poured > 'riley got the I 6-0 wnh Mr Mulray having excused huns¢lf Thank you 2 braiding up~ I l~n, what's the c~t 2 Co~mm~smnc~s 3 MR RISHEL what ~'m building Is ~ 3 l~m B ~s still on our Agunda ~ur~ng 4 offi~ f~lllty 4 A~lcultmal zoning Is t~ a lnotloll9 Commissioner 5 MS ~O~D Oh, o~y l'mso~ 5 Holt 7 M~t I'm~ ~at'sthat~m~ 7 of Z01~005 8 MR, S~DER A8 I ~d ~t m talking to 8 MS A~PLL. ~ond t0 couple of e~ls~ b~ldmgs ~ the site t~t they ~ for l0 Holt and s<ond~ by Conmusqmr~r Apple Aay qu~uons 11 some ty~ Of busings and ~at t~y ~ building an 11 conmleots* If oat pl~se voz ~ank you ~maa{ss~on~s 12 additmn~ budding or two on t~ st~ But tho~ 12 And ~ vote e~:~ 5 I w~ Comm:ssmnm Mukoy having 13 b~tIdmgs, aa I ~nde~t~d it, Mv¢ no~{ug to do ~ file 13 excused hm~tl ~ank you Comnussmnm 14 aaphult plant ~ey'r¢ ali t~-t~e buddings 14 (COMMI~IONtm KEt III MYt ED IN Op~S['l ION ) 15 MR KEI~ okay J~solfwechange~e ~ ~ ~ ~1~ ~ll~l~n ~A~a~ 16 /~mng h~ ~ ~n't ~ c~tmg any 1~ ~obla~s l~r 16 [tcnll No 8 and It I~ hold a public h~rmg ~aMmg ~c 17 ~ w~th t~ having a work In p~% wo~ld ~ 17 proposO volunta~ anncxaUon servlc~ plan and propos~ 18 MR S~DER qhat q~*tlo~ wo~ ~ked fl mactut 18 zoning of approxlnlatcly 2 226 acres of had ~n~ally 19 agoandMr Ret¢~swe~dltco~ctly h'sa 19 I~atcdsouthof[~t'qagm~dwcstofI35W no'of Robson 20 non~nf~n~ u~, legfl nonconformmg u~ so ~¢y can 20 Ranch Road partmlly m~t of t~ Robson ~nch devel~m~n 22 /~amg oMln~ce If th*y ~ to expand ~e ~, then 22 I~l~dlctlon d tl~ Cuy of ~nlon 23 they would have to ~lnO m ~d m~ne it or c~e it to a 23 Oas ~lls ~ propos~ And th~s Is a Pail A 24 dlffe<nt ~, ~y woMd hale to c~ m and ~zone it 24 and a PaaB Part A Is consld~ making n ~<onanen~aon 25 MR KE~I[ Okay ~ZatImsmf~mg~s 25 toC;wCouncfl~aMmgflmpropos~ann~at~on And Pa~ ~8 Page 40 2 of 2 ~Mmg tho pmpos~ zomng to an Agrlcult~a] zomng 7 you m ~mtl~ to lhal ~e so long as you didn t do n m 7 mcomt m your ~mff ~oH 8 bad hl0~ · you knc~' ~ mm<sm~on was cmmng and you 8 locat~ on pa~ 8 sn your backup and also pmm~l on 10 continue Butdyou~d~tmg~fatfl:,youcan 10 OnJuneSflx 2001 C~Councdd~t~ 12 Con~ts~lon~, of ~ff ~t~ ~1~ ~ au~aflon ~ 12 tt~ apphcant a~ to file a votunm~ ~tmon and to 13 ~dmg ~ monin~ And I aoffid a~k ~at whm w~ 13 qublmt a leu~ smang ~at they would not submit any 16 individually ~m~lssmn~ Apple 16 mmmam~g tins annexatmn A~ C o~mmssmn~ Rss~l 17 MS meLe~ ok I'm sam t 7 ~ ~rt~ gas wells am ~mg prop~ 19 of stuff or a matron? Commlsaen~ Holt 19 ~onm~ds approwl 21 approval of A01~04 21 stall is ~on~nendmg that ~ pmpos~ pm~y once 22 us ae~ ~ond 22 annex~ be zon~ ~ncul~al 23 MR. RISHm Rwasmx~byCo~sston~Holt 23 MRmSUEt {hankyou Me Ragland 24 and ~ond~ by C~samn~ App~ Any f~* qumtmn~ 24 Comnus~:oner Roy 25 or clanficahon? ~ no[ pl~ vel~ ~ vot~ passm 25 Ma ROY I m a httlc confu*~ w,h t~ color PLANNINO A~ ZO~G CO~]88ION SEP~ER 12, 2001 Page 37 - Page 40 27 AGENDA INFORMATION SHEET AGENDA DATE. December 4, 2001 DEPARTMENT C~ty Manager's Office CM M~ke Conduff, C~ty M~ager SUB.CT Consider nominations ~d appo~ntmems to the C~ty's Bo~ds ~d Comm~smons BACKGROUND The following ~s a hst of c~em Bo~Comm~ss~on vac~c~es/nomlnat~ons Robe~ T~ersley on ~e Traffic Safety Comm~ssxon has resigned Th~s ~s a nomination for C0~cxl Member Phdhps If you reqmre ~y fu~her mfo~atmn, please let me know Respectfully submitted J~fer W~ters C~ty Secret~ DENIA ACKNOWLEDGEMENTS The creation of the Den~a Neighborhood Small Area Plan was made possible by the cooperabve efforts of concerned citizens, c~ty staff, and elected and appointed officials The primary objective of thru small area planning document ~s to address ~mportant ~ssues and concerns ~n the Dema neighborhood in greater detail than the Denton Plan The Small Area Planning Section of the C~ty of Denton's Planning and Development Department w~shes to thank the many people, organizations and departments for their efforts ~n providing h~stoncal data, d~rect~on, insight and constructive cnt~c~sm ~n the formulation of the Dema Neighborhood Small Area Plan Special Recogmtlon to the CITIZENS OF DENIA and Mayor and City Councd Mayor Euhne Brock Council Member Mark Burroughs Mayor Pro-Tam Ron~ Beasley (Former) Mayor Jack M~ller Council Member Raymond Redmon (Former) Council Member Carl G Young, Sr Council Member Jane Fulton (Former) Council Member Ne~l Durrance Council Member M~chael Ph~lhps (Former) Council Member M~ke Cochran Council Member Perry McNe~ll (Former) Council Member Sandy Knstoferson Planmng and Zomng Comm~ssion Chair Salty R~shel Commissioner Joe Roy Commissioner Bob Powell (Former) Chmr Perry McNe~ll Commissioner B~II Ke~th (Former) Commissioner Carl W~lhams Comm~ss~oher Susan Apple (Former) Commissioner Ehzabeth Gourd~e Commissioner V~ck~ Holt (Former) Commissioner Ruby Moreno Commissioner Joe Mulroy C~ty Staff M~ke Conduff, C~ty Manager M~ke Jez, (Former) C~ty Manager Dawd H~II, Assistant C~ty Manager, Development Services C~ty Departments City Manager's Offme Eng~neenng Planning and Development Parks and Recreation Community Development Rre Department Pohce Department Transportabon Dema Small Area Plan We also give a very special thanks to the Small Area Planning Section of the Planning and Development and members of the Small Area Planmng Team for their effort in the coordination, collaborabon, contnbut~on and expertise to the planning process For, w~thout their dedlcabon and hard work, The Denla Neighborhood Small Area Plan would not exist The Small Area Section of the Planning and Development Department ~. Doug Powell, AICP ~' Chns Hatcher, Director, Small Area Planner I, Planning and Development Planning and Development >. Larry Re~chhart, AICP ~' Stephen Cook Assistant D~rector, Comprehensive Planner II, Planning and Development Planning and Development > Dedra Denee Ragland, AICP > Jess~ca Warchol Small Area Planning Manager, Planning Intern Planning and Development Planning and Development Small Area Planmng Team Members > L~nda Rathff, ~' Dawd Salmon, D~rector, Assistant D~rector, Community Development Eng~neenng ~' Lon Shelton, > Dale Hoelt~ng, Economic Development Coordinator, Drainage Engineer, Community Development Englneenng > Barbara Ross ~. Jerry Clark Commumty Services Administrator, F~eld Services Manager, Community Development Engineering >. John Hudson ~, Ed Hodney, Emergency Management Coordinator, D~rector, F~re Department Parks and Recreabon > Stanley Nixon ~. Robert T~ckner Pubhc Transportabon Manager, Supenntendent of Parks Planning Transportation Parks and Recreabon Particular Thanks and Regards Mrs Carol Brantley, DACG President Mr John Weber, DACG (former) President Dema Small Area Plan TABLE OF CONTENTS DENIA INTRODUCTION THE REVIEW PROCESS 1 PROJECT GOALS AND OBJECTIVES 2 RELATIONSHIP TO THE DENTON PLAN 2 HOW TO USE THIS DOCUMENT 3 NEIGHBORHOOD DESCRIPTON BOUNDARY 4 HISTORY 5 NEIGHBORHOOD PROFILE DEMOGRAPHIC AND SOCIO-ECONOMIC PROFILE 7 POPULATION 7 EDUCATION 8 OCCUPATION 9 INCOME 9 HOUSING 10 EXISTING CONDITIONS 11 INFRASTRUCTURE 11 HOUSING STOCK 12 PROPERTY CONDITIONS AND CODE ENFORCEMENT 12 LAND USE 12 ZONING 13 FUTURE LAND USE AND ZONING 14 DEVELOPMENT ACTIVITY 14 PUBLIC SAFETY 15 COMMUNITY RESOURCES AND LEADERSHIP 15 THE PLANNING PROCESS NEIGHBORHOOD PARTICIPATION 16 Dema Small Area Plan PURPOSE OF THE PLAN 16 PLAN ORGANIZATION 17 NEIGHBORHOOD PLANNING PRINCIPLES 17 DENIA NEIGHBORHOOD VISION 17 PLAN GOALS AND OBJECTIVES 18 COMMUNITY AND ECONOMIC DEVELOPMENT 18 PLANNING AND DEVELOPMENT 18 INFRASTRUCTURE 18 PLAN ISSUES AND RECOMMENDATIONS COMMUNITY DEVELOPMENT ISSUES 20 NEIGHBORHOOD PARTICIPATION AND ACTION 20 PHYSICAL AESTHETICS 20 HOUSING 21 PARKS AND RECRATION 22 PUBLIC TRANSPORTATION 23 ECONOMIC DEVELOPMENT ISSUES 23 FUTURE DEVELOPMENT 23 PLANNING AND DEVELOPMENT ISSUES 24 LAND USE 24 EMERGENCY MANAGEMENT 25 INFRASTRUCTURE ISSUES 25 TRAFFIC AND CIRCULATION PATTERNS 25 PEDESTRIAN CIRCULATION AND SAFETY 27 DRAINAGE 28 PARKING 28 IMPLEMENTATION STRATEGY AGENDA 30 APPENDIX A RESIDENTIAL DEVELOPMENT GUIDELINES APPENDIX B PLAN GRAPHS Denla Small Area Plan DENIA THE REVIEW PROCESS A small area planmng document ~s produced to address areas ~n greater detail Small area planmng ~s a process that than the Denton Plan and to cover ex~st~ng prowdes analys~s, recommendations, and charactensbcs, trends, ~ssues, and ~mplementat~on gmdehnes for specific areas opportumbes for the area wdh~n the Cdy of Denton THE PLANNING PROCESS STEP I IDENTIFY ISSUES ETEP E AND OPTIONS ADMINISTER IMPLEI~ STRATEGY STEP 2 STATE GOALS, OBJECTIVES AND PRIORITIES ETBP E REVIEW AND ADOPT BTRATEOY ETEP S COLLEOT AND INTERPRET DATA STEP ? REVIEW AND ADOPT PI.~N ETEP 4 PREPARE PLAN ETEP E EVALUATE OF PLAN ETEP E DEVELOP PLAN ETRATEGY IMPLEMENTATION ETRATEGY Figure 1 Dema Small Area Plan Through a rewew process w~th residents, intended to guide C~ty capital ~nvestment, business owners and other stakeholders of private development, pubhc pohc~es and a specific area, a framework of commumty actions in the Denla recommendations on future land use, neighborhood ~n ways that fulfill the transportation, and pubhc ~mprovements community's ws~on for ~ts future The small are formulated Th~s framework w~ll assist area plan prowdes the context and rationale dec,sion-makers ~n making decisions and for these pnnclples and recommendations wdl guide the case-by-case development of The broad set of recommendations an area contained m the plan w~ll require commumty ~mt~at~ve and new, ~nnovabve partnerships A small area plan may be for a between commumty groups, businesses, neighborhood, a bus~nessd~stnct, a corndor the City and private c~tlzens In some or a new pubhc facd~ty s~te Requests for cases, the recommendations wdl require small area plans may come from many further analys~s by the C~ty and community sources ~nclud~ng C~ty Council, the Planmng before specific ~mplementatlon strategies and Zoning Commission, and c~t~zens can be ~dent~fled Once a conceptual small area planning document ~s developed and presented for PROJECT (~OALS AND OBJECTIVES public comment, ~t will be forwarded to C~ty Councd for review and adoption by There are a number of goals and objectives resolution for the small area planmng process The goals and objectives relate to the planmng C~tlzens are ~nvolved m the small area process and not the actual plan They are planmng process from the earhest stages · Assist residents and businesses ~n C~t~zens have the best understanding of the developing priorities and strategies to strengths and weaknesses of their stimulate rewtahzatlon and re~nvestment neighborhood The small area planmng ~n the area process prowdes c~t~zens w~th an opportunity to present ~nformat~on and facts · Involve c~tlzens ~n a community planning to the City Council, Planning and Zomng process that fosters active participation Commission, and other appointed boards and leadership and commissions that they m~ght not · Present ex~st~ng conditions and trends otherwise have to prowde a p~cture of the planning area · Identify strengths and concerns of The development of small area plans also residents, merchants and other allows the pubhc an opportumty to become stakeholders w~th~n the area better educated about the planmng · Enable stakeholders to share ~deas and process Small area planning ~s an ~nterd~sclphnary approach to planmng, suggestions aboutthelr commumty which rehes on the cooperation of all C~ty of · Promote understanding of the process Denton departments and other and enthusiasm for further participation governmental ent~t~es The success of any ~n later stages of problem solving and small area plan depends on the plan ~mplementat~on ~nvolvement of residents, business owners, landowners and other stakeholders RELATIONSHIP TO THE DENTON PLAN The Den~a Neighborhood Small Area Plan The Dema Neighborhood Small Area Plan ~s a set of pnnc~ples and recommendations Is the third ~n a series of specific commumty 2 Dema Small Area Plan plans to build on the work of the Denton Goals cannot be achieved w~thout a clearly Plan 1999.2000 The Denton Plan 1999- defined plan of action Therefore, the Plan 2000, adopted December 7, 1999, is the contains a broad set of recommendations, City's comprehensive plan It prowdes the many of which will require community basra frarrtework for guiding growth and ~mt~abve and new, ~nnovabve partnerships development ~n the C~ty of Denton over the between community groups, businesses, next twenty years While the Denton Plan the C~ty and private c~t~zens In some 1999-2000,, focuses on regional growth cases, the recommendabons w~ll require management, ~t also emphasizes the need further analys~s by the C~ty and commumty to support and ~mprove the local conditions before specific ~mplementabon strategies and charactenstms of Denton's can be ~dent~fled neighborhoods One of the ma~n components of the c~ty's comprehensive The Dema Neighborhood Plan ~ncludes plan ~s the provision to prepare Small Area · A brief h~story of the Denla or Neighborhood Plans The small area ne~ghborhood'sdevelopment, plans supplement the comprehensive plan · A rewew of ex~st~ng cond~bons ~n the w~th more detail necessary to guide Dema neighborhood, community development decisions · Goals and recommendabons to fac~htate area ~mprovements, and HOW TO USE THIS DOCUMENT · An "action plan" ~dent~fy~ng specific This document is the Denla ne~ghborhood's projects and funding sources for area ~mage of its future It was prepared w~th the improvements involvement and help of the Dema Area Community Group (D^CG) neighborhood In order to foster commun~ty-w~de support assoc~abon DACG members, other and effectwe maintenance of the plan and neighborhood residents, property owners, ~ts goals, continued ~nvolvement of area and other concerned Denton residents stakeholders and Denton c~t~zens ~s cnbcal All Denton residents must know that the shared their evenings to help craft a meamngful document Th~s plan represents concerns and ~ssues addressed ~n th~s plan their combined efforts to enhance and are not solely concerns and problems of the Dema neighborhood, separable from the preserve the Dema neighborhood area rest of Denton They are everyone's Th~s plan contains goal statements, which concern The Den~a Neighborhood Small Area Plan ~s designed to prowde reahsbc deal w~th drainage, englneenng, planmng, and feasible recommendabons for the economic and community development, rewtahzat~on of the area However, to be transportabon, safety, aesthetics, character, and culture ~n the neighborhood These reahst,c, the plan recogn,zes the goals ~dentlfy what the commumty wants to hm,tatmns of pubhc fmanc,ng resources achieve Goal statements of nelghbonng and the need for new partnersh,ps bet~veen publ,c agencms and the small area plans are taken into account in commun,ty, ,n wh,ch the community the formulation of goals for a new small area plan study area Ne~ghbonng takes a greater responsibil,ty for ,ts commun~bes usually share some of the rev,tal,zat,on same issues and concerts 3 Denla Small Area Plan DENIA BOUNDARY The study area boundary was defined by Denla residents at the first Denla The study area for the Dema Neighborhood Neighborhood Small Area Plan meeting Small Area Plan is bounded by 1-35 E to the The Den~a neighborhood Is located one north, Fort Worth Dnve and the T&P railroad southwest of downtown Denton, directly tracks to the east, Roselawn Dnve to the across 1-35 E from the University of North south, and Bonme Brae to the west (F~gure Texas The Den~a study area covers 2a, 2b, 2c ) approximately 936 acres of land I~ Denia Neighborhood Boundary ' II UNT ] [ F~gure 2a 4 Dema Small Area Plan Location Map City/Metroplex Context Of the 9~6 acre~ ~n the study area, 49 9 serve the area's growing population In the remains undeveloped experienced a growth ~n non-residential development to support the area's growing HISTORY populabon Th~s non-res~denbal development included a number of service- The Dema neighborhood takes ~ts name onented businesses to serve the needs of from the Denla Recreahon Center and Park the growing res~denbal commumty Retad, located ~n the neighborhood Mr Newton commercial, hght ~ndustnal, and other non- Rayzor, a large property owner ~n the area, residential estabhshments were developed donated land for the recreabon center and along the Fort Worth Drive and 1-35 E park s~te The recreation center and park corridors were named after Mr Rayzor's w~fe, Mrs Eugema P Rayzor, whose mckname was Dema _ Denia Early ~ ~ Davelopmer4 Dunng the late 1800s and early 1900s, the Denla area was characterized by scattered _'~ farming\ranching homesteads The first substantial residential development ~n the :!~:~' ,~'~ Den~a area took place in 1946 when lots ~n ~.~ the R E Ford Addition were subdivided and sold (Figure 3) Subsequent res~denbal subdivisions ~nclud~ng, the Denworth Addition (1947), Wdhe H Barnes Addition (1948), and Taylor Park Subd~ws~on (1959) developed east of McCorm~ck Street Over , the next 30 years, residential development [ ', i , expanded to the north and west over vacant farmland Figure 3 Increasing res~denbal growth brought about Den~a's growth also brought about the need the need for businesses and services to for more neighborhood services to serve the 5 Dema Small Area Plan aroa In 1965, the City of Denton dedicated Oaks subd~ws~ons offer housing options Denla Park to serve as a place to relax and ranging in price from $106,000 to $210,000 play for residents of Denla and southwest Presently Denla is made up of 27 residential Denton In 1979, the City constructed the subdivisions, offenng a great diversity of Den~a Recreation Center adjacent to Den~a housing Housing options In Den~a range Park Both Den~a Park and Recreation from small cottages to large custom built Center have undergone expansion and homes renovation ~n recent years Today, Den~a Park covers at total of 25 acres w~th playgrounds, multi-use courts and parking Den~a Recreation Center has an ~ndoor basketball/volleyball court, weight room, game room, and meeting rooms The Park and Recreation Center are important elements in ne~ghborhood's fabric, providing safe and well-maintained places for neighborhood residents to enjoy In 1969, the Denton Independent School D~stnct open Frank Borman Elementary School ~n Dema The school ~s also an ~mportant element ~n the ne~ghborhood's fabric Currently Borman's enrollment ~s 560 students Borman's service area ~ncludes Den~a, Bent Creek Estates, and the southwest port~on of the Denton Independent School D~stnct In the 1950s, 1-35 E (Denla's northern boundary) was constructed as part of the National Interstate H~ghway System 1-35 E served as a barner, somewhat ~solatmg Den~a from The University of North Texas and other adjacent neighborhoods to the north Th~s ~solat~on allowed Denla to develop ~ndependently from the university and other neighborhoods Today, Den~a ~s a well-estabhshed residential neighborhood Residential growth over a forty-year period (1950-1990) has prowded the neighborhood w~th a diverse housing stock New residential development has taken place w~th~n Den~a in recent years in the form of scattered ~nfill development and multiple lot subd~ws~ons The newly developed Tremont and Leshe 6 Den~a Small Area Plan DENIA DEMOGRAPHIC AND SOCIO-ECONOMIC PROFILE , W~th any pl~nmng activity, it ~s preferable to rewew currant conditions ~n order to determine trends taking place By doing so, the City canlface future ~ssues and problem areas to be addressed ~n a small area plan The most complete and rehable source of demographm ~nformat~on is the U S Departmen~ of Commerce, Bureau of Census Enqmerat~on The Census Bureau prowdes ~tsmost comprehensive package of population land demographic informat~on Figure4 every ten years Geographical areas known as standard metropohtan stabstmal areas The demographic and soc~o-economm (SMSA), consohdated metropohtan statlsbcal profile presented ~n th~s plan is a compilation areas (CMSA), block numbering areas of estimates based on selected 1990 (BNA), and census tracts are used to group Census data, data from the 2001 Denton, census data Census tract data Is further Texas Demographm Profile furnished by the aggregated to a block group level Denton Chamber of Commerce, and 2000 property data from the Denton County The Dema neighborhood ~s located CentralAppra~sal D~stnct Th~sdemographlc southwest of downtown Denton and ~s profile ~s ~ntended to be used as a tool for part~ally located m Census Tract 208, block companng the Den~a neighborhood relative group 3, C~nsus Tract 209, block group 2, to the C~ty of Denton as a whole Only the and Census~Tract 210, block 4 (Figure 4) most s~gmflcant findings are presented Census tra~t block group data ~s the most POPULATION aggregated idata available from the Bureau of Census Enumeration Because the Denia Between 1990 and 2000 Dema experienced neighborhood ~s part~ally located in three a population increase of 1 1% or 23 Census Tiacts, a completely accurate residents, Th~s is s~gn~flcantly less than the demographic profile of the Dema C~ty of Denton's population increase of ne~ghborho0d Is not possible Another 21 5% over the same ten-year period d~fficulty In~ provid~ng the most accurate (F~gure 5) Denla's slow growth rate may be demographic profile ~s that Census 2000 a result of the decreasing number of soc~o-economm statlstms at the census tract younger residents ~n the neighborhood level have not been released Between 1990 and 2000, Den~a residents between the ages of 18 and 24 years old decreased by 5 3% (F~gure 7) This dechne ~n the ne~ghborhood's younger population 7 Dema Small Area Plan was offset by new residential construction ~n populabon, the largest increase of any of the the neighborhood nelghborhood's m~nonty groups H~span~cs also had the largest populabon ~ncrease among mlnor~bes in the C~ty of Denton (See Ftgure 7) Figure 5 S~m~lar to the C~ty of Denton, the Den~a neighborhood remains a predom~nately Figure 7 Caucasian neighborhood Although the percentage of Caucasian residents in both Between 1990 and 2000 the proportion of the C~ty of Denton and Den~a declined people within the age groups of 40-64 and between 1990 and 2000, they account for 65 and over saw substantial ~ncreases In the vast majonty of the ne~ghborhood's and Den~a (F~gure 8) Dema residents between City's total population (F~gure 6 and 7) 18 and 24 years of age decreased by 5 3% over the same ten-year period F~gure 6 Figure 8 Den~a experienced a shght ~ncrease ~n the number of American Indians, African- EDUCATION Americans, H~span~cs, and other mmonbes Educabon attainment of Den~a residents ~s I~wng ~n the neighborhood between 1990 representabve of education attainment and 2000 (F~gure 6) Den~a's H~span~c c~tyw~de (F~gure 9) At the pnmary and population experienced a 10% ~ncrease m 8 Den~a Small Area Plan secondary education levels, education 1990 and 2000 Den~a's total population attainment of Denla residents was slightly grew by only 23 residents dunng the same higher tharl residents c~tyw~de The ten-year penod These figures suggest that percentage bf Den~a residents, w~th a post- children below working age in 1990, entered secondary educat~ondegreewaslowerthan ~nto the workforce during the ensuing residents c~tywide decade, thus adding to Denla's total work force INCOME The median income level of Den~a households grew from $26,176 to $27,761, a 61% increase between 1990 and 2000 (F~gure I I ) C~tyw~de, the median household ~ncome level saw a 153% ~ncrease over the same ten-year period OCCUPATION Dema's 2000 population by occupation was determined for workers 16 years of age and older Over 45% of Den~a's working age populabon I~s employed ~n professional, managenal, l and adm~mstrat~ve support pos~bons (Figure lO.) Den~a's total workforce glew by 360 workers between Figure '11 Average ~ncomes of Den~a households also grew The number of Dema households w~th average incomes between $5,000-$24,999 decreased by 16 2% and households between $25,000-$49,999 decreased by 10 3% In contrast, households with average ~ncomes between $50,000-$99,999 ~ncreased by 34 4% and household between $100,000-$149,000 increased by 651% (Figure 12 ) Figure 10 9 Dema Small Area Plan F,gure 12 Figure 14 HOUSING S~ngle-famdy housing un,ts accounted for 88% of the ne~ghborhood's total housing Property data collected from the Denton un~ts (Ftgure 15) N~nety-s~x percent of County Central Appraisal D~stnct ~nd~cates Den~a's housing was budt after 1940 Den~a had a total of 914 housing umts m 2000 Of those 914 umts, 96% were occupied (F~gure 13) Figure 16 In 2000, the median pnce for a house ~n the F,gure 13 Denla neighborhood was $64,326, up from $60,300 In 1990 (F~gure 16) Of those occupied un~ts, 48% were owner occupied and 52% were renter occupied (Figure 14) 10 Den~a Small Area Plan peak traffic hours, making a left or right turn onto Fort Worth Drive from Acme Street ~s both t~me-consummg and dangerous The presence of a major radroad corndor along Dema's southeast boundary hm~ts the possibility of providing the neighborhood w~th an additional outlet to Fort Worth Drive south of Acme Street Bonme Brae, whmh forms Dema's western boundary, and Roselawn Dnve which forms ~ts southern boundary, are both substandard local arteries Bonnie Brae provides access to the Unwers~ty of North Texas, 1-35 E and I- F~gure 16 35 W EXISTING CONDITIONS Vehicular c~rculabon patterns w~th~n The demographic and soclo-econom~c Den~a are not la~d profile reveals that Denla ~s a stable out ~n a trad~bonal neighborhood, both economically and gnd pattern socially To sustain the nelghborhood's C~rculat~on ~n Dema stabd~ty wdl require ~mprovements to Denla's ~nfrastructure, rehabilitation of ~ts existing ~s accomphshed WlllowwoodStreet housing stock, a coordinated plan for future through the use of growth, and strong neighborhood leadership one pnmary north-south artenal road and Addressing these ~ssues wdl be a great one primary east-west arterial road challenge facing the neighborhood in the McCormick Street ~s the pnmary north-south coming years artery providing d~rect access to the , Umvers~ty of North Texas Bernard and INFRASTRUCTURE H~ghland Park are also heawly traveled Access ~nto and out of Dema ~s hm~ted and north-south streets ~n the neighborhood at t~mes problematic, especially dunng peak W~llowwood Street ~s the pnmary east-west traffic hours Major vehicular transportation artery ~n the neighborhood Wdlowwood corndors, 1-35 E to the north and Fort Worth begins ~n the east, at Bernard Street, and runs the full length of the neighborhood to Drive to the east, restrict neighborhood ingress andlegress opportumtles Avenue D Bonme Brae A network of secondary (local) and McCdrm~ck Street are the only streets feed into the pnmary artenal roads neighborhood streets that prowde d~rect but generally do not ~ntersect other outlets to the University of North Texas and secondary streets Neighborhood streets other destinations north of 1-35 E Acme are generally ~n good cond~bon, however a Street and the 1-35 E Access Road serve as few streets are ~n need of repair and Dema's only direct outlets to Fort Worth maintenance Hazardous intersecbons at Drive The removal of the four-way traffic various locations ~n the neighborhood signal at the Acme Street and Fort Worth require improved line of sight for drivers and/or add~bonal traffic control devices Dnve ~ntersect~on by the Texas Department of Transportation has aggravated ~ngress Vehicles traveling at excessive speeds on and egress problems at th~s Iocabon Dunng neighborhood streets are a major safety 11 Dema Small Area Plan concern Speed control dewces are needed replacement of s~d~ng and physical at various locations throughout the aesthetms I~ke pambng and landscaping neighborhood PROPERTY CONDITIONS AND CODE ~PodostnanorculatlOnENFORCEMEN~ and safety is a major concern Pedestnan Properly mantenance ~n c~rculabon m Dema the study area ~s ~s d~sjo~nted due to ~no:x~slsta~ and some m~ss~ng s~dewalks properties agn~canfly throughout the study detract from the Bonnie Brae Pedestrian area Many existing overall neighborhood Traffic sidewalks are not Knight St Property character The vast level or straight and majonty of property are m need of repair The need for an maintenance ~ssues ~n Dema result from the ~nterconnected s~dewalksystem ~s ewdent dumping of trash and debns, overgrown grass and weeds, and abandoned or junk HOUSING STOCK vehicles parked ~n yards and on neighborhood streets Code v~olat~on data The housing stock ~n furmshed by the C~ty of Denton Code the study area ~s Enforcement Dw~slon shows that over a stable and ~n three-year penod, from January 1998 overall good oondt~on through January 2001, a total of 403 code Substandard s~ctures v~olat~ons were reported ~n the study area data furnished by Trash and debns wolabons accounted for House on Kendolf the C~ty of Denton 44% of all v~olat~ons reported Overgrown Street Budding Inspecbon grass and weeds accounted for 39% and D~ws~on ~nd~cates abandoned or junk vehicles accounted for that currently there are no substandard 13% of all reported wolat~ons (Table l) residential structures located within the Dema study area The Budding Inspections D~v~s~on ~s responsible for lhe ~ of various c~ty codes and ordinances ~nclud~ng building codes and m~nlmum housing standards Although no substandard housing ~s present ~n Dema, the need for repair Table l and rehab~htabon of ~' ,*"~"ff~' the ne~ghborhood's LAND USE Houee on Lindsey housing stock IS Existing land uses in the Denla study area street evident The fall ~nto one of s~x categones residential, majonty of rehabd~tatwe efforts to Den~a's commercial, general retad, recreation, housing stock should focus on the repair of ~nst~tut~on, agnculture, and m~nor nonstructural elements such as the vacant/undeveloped (See Extstmg Land Use Map) Land located north of Parv~n and 12 Den~a Small Area Plan WHIowwood iStreets and south of 1-35 E ~s S~ngle-Fam~ly Res~denbal ~s the dominate predominantly developed, w~th single-family zoning d~str~ct ~n the developed port~on of the res~denbal being the primary land use Denla study area Property zoned Single (Table 2) ~ Commercial and other non- Family-7, 10, and 16 (SF-7, SF-10, SF-16) residential land uses are concentrated along accounts for 272 8 acres of the 467 the 1-35 E and Fort Worth Drive corridors, developed acres in the study area (Table whmh form~ the northern and eastern 3) Some of the permitted uses ~n the boundaries of the study areaRecreational S~ngle-Fam~ly Residential D~stnct ~nclude uses include Dema one-family detached dwelhngs, churches, Park and ~'~-~ '~'~'--'~ public and pnvate schools, parks, and Recreation ' Center~ recreation centers ~n southeast Dema and the Univers~ty Duplexes s~t on the only Two-Family (2F) of North TeXas Golf zoning d~stnct w~th~n the study area which is Course, whmh compnsed of eight consecubve lots located on the northwest corner of the occupies a large Denla Perk Playground tract of land along Area Parv~n/Bernard Street ~ntersect~on the northwest boundary or, the neighborhood Inst~tubonal uses ~n the neighborhood include Borman Elementary ~chool, Liberty Chnst~an Church School, and a few neighborhood churches Undeveloped land is generally located south of Parv~n and WiIIowwood Streets and north of Roselawn Dnve Land m this undeveloped portion of the Dema study area ~s predom~rlantly vacant and ~s presently zoned for =rlcultural uses Table 3 The Two-Family zomng d~stnct accounts for 1 9 acres of the 467 developed acres ~n the study area Some of the permitted uses ~n the Two-Family zomng d~stnct ~nclude one- Table 2, family detached dwellings, two-family dwellings, churches, pubhc and private ZONING schools, parks, recreation centers, and The pattern of land use ~n the Den~a study group homes area ~s rep¢lesentat~ve of the ex~sbng zomng Multi-Family Residential (MF-1 and MF-2) pattern Ex~stmg zoning ~n the Dema study zoning d~stncts account for 158 2 acres of area ~s d~wUed into several zoning d~stncts the 467 developed acres ~n the study area covenng bdth res~denbal and non-residential Property zoned MF-land MF-2 ~ncludes the development (See Existing Zoning Map) 13 Denla Small Area Plan Umvers~ty of North Texas Golf Course, the w~ll be zoned Neighborhood Res~denbal 3 Wlllowwood and Sycamore Four apartment (NR-3), Neighborhood Resldenbal 4 (NR-4), complexes located on the northwest corner Neighborhood Residential M~xed Use of the Bernard/W~llowwood Street (NRMU), or Neighborhood Resldenbal M~xed mtersecbon, and property between Use 12 (NRMU-12) (See Future Zoning McCorm~ck and Kmght Street near 1-35 E Map) These zomng d~stncts are characterized by existing neighborhoods Non-res~denhal w~th inflll development compabb~hty The zoning d~stncts ~n purpose of the NR-3, NR-4, and NRMU-12 the study area d~stncts ~s to preserve and protect ex~st~ng ~nclude Commercial neighborhoods and to ensure that any new (C), General Retail ~nflll development ~s compabble w~th ex~sbng (GR), Light land uses, patterns, and design standards Industrial (LI) and Exlsbng non-res~denbal developments w~ll Office (O) These non-resldenbal Ft Worth Drive be zoned Neighborhood Center M~xed Use (NCMU), Community Mixed Use General dlstncts account for 30 acres of the 467 (OM-G) or Commumty M~xed Use developed acres ~n the study area, and are Employment (CM-E) These d~stncts, located along the major corndors (I-35 E and concentrated along the 1-35 E and Fort Fort Worth Drive)Inthestudyarea Worth Drive corndors, will provide the Four hundred s~xty-mne acres (51%) of the necessary shopping, servmes, recreation, total 936-acre study area ~s zoned employment, and ~nsbtutlonal fac~hbes that Agncultural (A) The vast majonty of th~s are required by Denm and surrounding agnculturally zoned property ~s undeveloped communlbes Permitted uses m the Agncultural Zoning Ex~st~ng agricultural and vacant undeveloped D~stnct ~nclude, but are not hm~ted to, the land w~ll be zoned Neighborhood Center production, raising, breeding or maintenance Residential 2, 4, or 6 (NCR-2, NCR-4, NCR- of plants and ammals 6) These zomng d~stncts w~ll be Dema's FUTURE LAND USE AND ZONING new res~denbal neighborhoods encouraging an appropriate mix of housing w~th The C~ty of Denton ~s ~n the process of supportive commercial uses prepanng a new development code to support the goals and objecbves of the DEVELOPMENTACTIVlTY Denton Plan 1999-2020 A primary function ~ New res~denhal of the new development code will be to i development act~wty encourage the most appropnate use of land, ~n the study area has buildings and other structures throughout the taken place over the C~ty Under the proposed development last four years Two code, all developed land in the study area major developments, w~ll retain ~ts ex~st~ng use (See Future Land Use Map) The majonty of vacant Tremont Sign the Tremont and Leslie Oaks subdivisions, undeveloped land will be designated for ~ntroduced a combined total of forty-five future residential use s~ngle-famdy lots to the neighborhood Inflll Under the proposed Development Code, housing development has also occurred ~n ex~st~ng resldenbal developments ~n Dema recent years and more ~nflll opportumt~es 14 Dema Small Area Plan LEGEND Land Use Bounda~, ~ A~r,c,,,tura, I----I Mu,t,p, e Fam,,y Streets Commercial/Gen. Retail Mobile Home ~ Extraterritorial Jurisdiction Railroad Office mi Industrial ~ Recreational ~ Instit~ional ~-~} Single Family ~ Vacan~Ufldevelo~d ~ Transpodation S [ Denia NeighborhLood Existing Land Use ..N~o~te.~T~h~e, ~n f,o~r_m_a!,_o8 provl?ed.on !hms.map represents the current data h'~ the Denton GIS st/stem. It is not an offimal ..... ,+h~ ¢ LEGEND '~ Boundary [~ Single Family-10 I Heavylndustrial ~ Streets / P~anned Development ~ General Retail , , ~ , , ' Railroad ~ Parking Extraterritorial Jurisdiction / Office / Central Business District [7 Parcels ~ Neighborhood Services ~ Commercial Zoning Districts ~ UultipleFamily-R ~ Agricultural I--~ Single Family-7 ~ Multiple Family-2 ~-~] Two-Family ~ Single Family-16 I Multiple Family-1 N '\,, W '~ E D ' Neighborhood Existing Zoning eIlla . Note Fhe mformahon provided on this map r~pres~nts tho curront data in the Denton GIS system. It is not an official map of the ~ty of Denton LEGEND i~____~.__~T Future land Use ~ Boundary Neighborhood Centers ~ Regional Mixed Use (:enters Streets Downtown Uni~fersity Core Employment Centers ', ....... Railroad ~;~t~ ..% ~.~ Industrial Centers Existing Land Use --........ ~ Parcels Community Mixed Use Centers Environmentally Sensitive Area Denia Neighborhood h~mre LEGEND RCC-N NCR-4 RCC-D ~: '. '.:: '.:: Railroad NCR-6 RCR-2 Future Zoning Districts NCR-12 ~ CM-E NRMU-12 ~ DC-G ~; IC-G [ D ' N 'ghborhood Furore Zoning Nolo The infol matron provided on this map represents the current data In the Denton GI S system. It is not an officmal map of the Cmty of Denton I ,, LEGEND Streets ~ Existing Park l ' Existing Sidewalks Streams "' '" "" ° Proposed Sidewalks Floodplain Pedestrian and Bicycle Trails Denia Park Elementar Denia Pedestrian Neighborhood I ~N,~o~, ~Tnho~ ~; f~)~em~ tclcOun raP;;V~;ndd~dtsh ,~f n~ asPu [veeP~er~ea;t s ~ lesCmU r;; n tread ~ t~,i~t ~h, ~ eDr~onJ~ ~ nGdl So mS iysS:7or ~ ~, I t ,s notan official map o-'~'h~ C irc ul afl o n ex~st ~n theI study area Large-scale non- through DACG The group pubhshes a residential development ~n the study area has monthly newsletter that ~s sponsored by the / not occurred in the C~ty of Denton Parks and Recreation area s~nce the m~d Department The group ~s ~n the process of 1980s /~ ~ncrease ~n developing a neighborhood webs~te DACG msldentJal development has estabhshed a good relationship w~th the ~s certain, g~ven the C~ty Th~s relationship must continue and amount of developable strengthen ~n order to achieve the overall land n the area quahty of hfethe neighborhood desires Leslie C Improvements to the ne~ghborhood's ~nfrastructun ~, must be undertaken to adequately ,eryc th~s future development The majont~ of neighborhood residents are supportive c ! future residential development and growth ~ls long as it ~s properly planned and coord~nl ~ted PUBLIC SAFE FY Pubhc safetl ~s currently not a major ~ssue ~n the study alsa Neighborhood groups and residents ha ye a good relationship w~th local law enfol cement officials The ne~ghborhocd must build upon th~s positive relabonsh~p to obtain neighborhood goals and objectives idenbfled ~n th~s Plan In the future, Dena residents must continue to work w~th r e~ghborhood pohce officers to address n(ighborhood ~ssues, such as detenorabn, housing, abandoned vehicles, and res~den~ ~al traffic problems COMMUNITY, ~ESOURCES AND LEADERSHIP The Den~a ~rea Community Group (DACG) ~s one of th( strongest assets that the Dema ne~ghborho¢ J possesses DACG, was originally or! amzed ~n 1992 In 1994,,three ~ndependen neighborhood groups merged with DACG an effort to resist the rezon~ng of a res~den :iai property for commercial use Today, this !lrass-roots orgamzat~on ~s led by a group of c 3ncerned residents ded~ca led to enhancing the quahty of life in their ne~ghborho(,d DACG Is well organize and very act~v~ Various neighborhood programs nd initiatives are coord,nated 15 Denla Small Area Plan DENIA NEIGHBORHOOD PARTICIPATION worked together w~th C~ty staff to formulate Plan goals and objechves, Work began on the Den~a Neighborhood develop a wsmnlng statement, and Small Area Plan m the W~nter of 2001 ~denhfy and prmrR~ze neighborhood Neighborhood residents prowded valuable msues and concerns ~nput to the planning process by parhclpabng ~n a neighborhood survey, PURPOSE OFTHEPLAN attending several neighborhood meebngs, and participating ~n sub-committee Th~s Plan ~s the result of the Den~a workshops ne~ghborhood's desire to ~mprove the quahty of life for Its residents and at the same t~me In the early stages of the planning process, plan for the challenges of future growth The a neighborhood survey was marled to 559 C~ty of Denton ~s predicted to grow by over households ~n the study area Of the 559 one hundred thousand ~nhabltants over the surveys marled, a total of 120 or 21 5% next twenty years The ~mpact of such rap~d were returned The survey asked residents growth will have an effect on neighborhoods to ~denbfy neighborhood strengths and throughout theCity weaknesses Survey respondents ~dentff~ed accessibility, a safe enwronment, Th~s planning document will prowde the good neighbors, trees and atmosphere, and ws~on and the foundabon for residents of Dema to provide constructive and consistent Den~a Park and Recreation Center as major strengths of the neighborhood Major d~rect~on to the C~ty Council, Planmng and neighborhood weaknesses ~dentff~ed were Zomng Commission, City staff, developers, street and s~dewalk cond~bons, traffic and and any other orgamzabon or person that c~rculat~on patterns, parking, and plays a role ~n the growth and development of the Dema Neighborhood More speeding specifically the Plan will serve as During the extent of the 1 a focus for neighborhood pohcy adoption, planting process, decision making and pnonty setting, neighborhood 2 a central theme for the organizing of meetings and neighborhood programs and efforts, workshops 3 a statement of neighborhood objecbves were ubhzed for businesses and organ~zabons to gatherand ~nterested ~n locating ~n the Dema classify Neighborhood, neighborhood 4 a tool for the C~ty to prowde to apphcants ~nput In these who w~sh to develop m the meetings, neighborhood, and neighborhood 5 a framework for the C~ty to use ~n residents approwng projects and expenditures ~n and other the Dema Neighborhood stakeholders 16 Dema Small Area Plan PLAN ORGANIZATION which are valued, and permit new growth opportunities in a coordinated and controlled Issues ~dentlfied ~n the planmng process are manner The following are guiding principles organized ~nto three general categories of th~s Plan Community and Economic Development, Planning and Development, and 1 Improve the overall appearance of the Infrastructure The Commumty and Dema neighborhood, Economic ' Development category 2 Maintain and rehabllltateex~stmg housing encompasses a w~de range of ~ssues stock, relating to physical aesthebcs, property 3 Improve coord~nabon of social and rehab~lltabon and maintenance, commumty service prowders that will homeownersh~p programs, public result in effic~ent use of I~m~ted resources transportation, parks and recreation, and to meet the needs of neighborhood the recru~t~dg of commercial businesses residents, The Planning and Development category 4 Enhance pedestrian c~rculatlon network ~ncludes ~ssues related to the physical throughout thecommumty, development of the built environment such 5 Support exlsbng businesses while as land use, zoning and emergency seeking to attract new businesses to management The Infrastructure category servethe neighborhood, ~ncludes ~ssues relating to traffic, 6 Promote coordinated neighborhood c~rculat~on, pedestrian pathways, drainage, growth and expansion, and parking Each category has specific 7 Prowde adequate infrastructure to help neighborhood goals and objectives that make the neighborhood a safe and reflect the priorities of the Den~a pleasant place tohve, and neighborhood 8 Acquire more parkland/open space for neighborhood recreation and enjoyment Goals are general statements of values that prowde a target or a cond~bon of I~fe DENIA NEIGHBORHOOD VISION the neighborhood w~shes to achieve STATEMENT Obsectlves' are specific short-term The following ws~on statement has been measurable benchmarks that are adopted by the Dema neighborhood to serve ~mplement~ng actions for specific guiding as a conceptual guide in helping the principles neighborhood obtain the quality of hfe it desires NEIGHBORHOOD PLANNING PRINCIPLES "Through broad partlc~pabon of our The Dema i neighborhood recognizes that neighbors, the Dema Neighborhood w~ll be a rehab~htat~ve efforts must be undertaken to neighborhood umted together for pnde and rejuvenate pockets of the neighborhood progress well ~nto the future Our expenenc~ng deterioration and decline The neighborhood w~ll retain ~ts res~denbal ne~ghborho0d must also prepare for future character w~th a safe, healthy, pleasant and growth and ,expansion ~nto Its undeveloped sustainable enwronment Our neighborhood areas and at the same t~me, preserve the w~ll be committed to shaping ~ts own future, character of~ ~ts established areas Th~s Plan developing leadership m residents of all ~s a stater~ent of how the neighborhood ages, and serving the/nterests, needs and wants to rewtal~ze ~ts depressed areas, values ofth~sandfuturegeneret/ons" protect those elements of the neighborhood 17 Den~a Small Area Plan PLAN GOAL AND OBJECTIVES Objective 7 Redevelop the ex~st~ng retail and commercial areas ~n and around the COMMUNITY ANDECONOMICDEVELOPMENT neighborhood ~nto attracbve and v~brant areas for residents and v~s~tors Goal Improve the appearance of the neighborhood by ma~ntamlng and PLANNING AND DEVELOPMENT rehab~l~tabng the ex~st/ng housing stock to stabilize res/denbal areas and preserve Goal Protect the residential Integrity of the affordablllty, helping market nelghborhood neighborhood and encourage development to new homebuyers, and helping to spur that supports Den/a's ~dentlty as a res/denbal economic development m the community, neighborhood and developing a pedestrian c~rculatory network throughout the commumty Objective 1 Encourage the expansion of neighborhood-oriented services and retail ObJective '1 Estabhsh a neighborhood- businesses along ex~st~ng commercial and w~de clean-up program and create a retail corridors (I-35 E Access Road, Fort property maintenance cooperative to Worth Dr~ve and Bonnie Brae) promote the general maintenance of vacant lots and to assist property owners who are Objective 2 Discourage non-residential unable to maintain their properties encroachment and development that adversely ~mpacts neighborhood Object,ye 2 Encourage better ubllzabon of ~nfrastructure, facilities, and services rehablhtat~on programs for s~ngle-fam~ly homeowners and rental property owners, Object,ve 3 Momtor development south of homebuyer and homeowner programs W~llowwood and north of Roselawn to insure that a full range of urban services (streets, Object,ve 3 Promote an affordable ~nflll- water, sewer, utilities and adequate storm housing program that encourages water runoff) are in place to accommodate homeownersh~p new development * Inf~ll-hous~ng/s the planned conversion of Object,ve 4 Develop an emergency empty lots, underused or rundown evacuabon plan of action that ~s s~te specific buildings for use as sites for res~denbal to the Den~a neighborhood dwellings iNFRASTRUCTURE Objective 4 Market Den~a neighborhood as a s~ngle family residential community to Goal Prowde adequate pub#c attract quality, well integrated ras~dent~al ~nfrastructure to help make the development nelghborhood a safe, pleasant and walkable neighborhood Object,ve $ Enhance the pedestrian c~rculabon network (s~dewalks, nature tra~ls, ObJective 1 Improve traffic c~rculabon etc) throughout the neighborhood, wh~le patterns and street connect~wty ~n the ~mprowng pedestrian character and safety neighborhood on all neighborhood streets ObJective 2 Make Streetscape Object,ve 6 Promote new open space ~mprovements area-w~de, which ~ncludes and the expansion of Den~a Park adding curbs, gutters and s~dewalks where they are m~ss~ng and w~den~ng major traffic 18 Den~a Small Area Plan arteries wlth~n the neighborhood to adequately carry expected increases ~n traffic Object~ve 3: Improve drainage to ehm~nate flooding and standing water on local streets throughout the neighborhood Objective 4' Encourage adequate traffic s~gnals and s~gnage at appropriate locations Objective $ Promote more off-street parking to faclhtate traffic flow and ~mprove the ~mage of neighborhood streets Objective 6' Work w~th other neighborhood associations ~n the City to address issues of common ~nterest and concern 19 Den~a Small Area Plan DENIA Th~s section idenbfles ~ssues that are of The Denla Area Community Group (DACG) concern to the residents of the already serves the neighborhood ~n th~s neighborhood, and provides recommended capacity, but the group needs more acbons for addressing these concerns The participation from neighborhood residents issues are categonzed by topm ~nto the three general categories d~scussed ~n the Plan RecommendedAct~on Orgamzahon secbon The order ~n whmh > Dema Area Commumty Group should ~ssues and recommended actions are aggressively recruit neighborhood presented does not necessarily correspond residents to join and parbclpate ~n the to their relative degree of ~mportance For a neighborhood organization more detailed description of funding > Conduct an assessment of commumty methods, t~mel~nes, and the vanous assets w~thln the neighborhood Publish agencies responsible for ~mplementmg each and d~stnbute the results from the recommended action, see the assessment and estabhsh strategies for IMPLEMENTAION STRATEGY AGENDA orgamz~ng ~nd~wduals presented in the final section of th~s > Encourage area bus~ness owners, document churches, organlzabons to partm~pate In COMMUNITY DEVELOPMENT ISSUES neighborhood actlwt~es and events (e g, neighborhood p~cnlcs, part~es, fund NEIGHBORHOOD PARTICIPATION AND ACTION raisers, etc ) ~, Work w~th other neighborhood Issue 1 Identify, orgamze, and ut~hze the assoc~abons ~n the C~ty to address ~ssues, knowledge, skill, and energy of of common ~nterest and concern neighborhood residents PHYSICAL AESTHETICS Den~a residents recogmze that the C~ty alone cannot address all of the ~ssues and Issue 1 Encourage neighborhood residents concerns that ex~st within the neighborhood and property owners to maintain their homes Many ~ssues must be dealt w~th by the and properties residents of the neighborhood themselves The character of a neighborhood ~s reflected One strategy that many neighborhoods have ~n the maintenance and upkeep of homes used successfully ~s to capitalize on the and yards w~th~n ~t Well-maintained homes willingness of residents to contribute their and yards enhance the aesthetic appeal and ~nd~v~dual t~me, effort, and ab~l~t~es towards charm of a neighborhood Dema ~mprowng the safety, appearance, and encourages ~ts residents and property sense of commumty w~thln the owners to show pnde ~n their neighborhood neighborhood Examples ~ncludeorgamzmg through the practice of good property neighborhood clean-up and beaubflcat~on maintenance and the upkeep of the entire projects, neighborhood fund raising events, neighborhood and volunteering to assist elderly residents 20 Dema Small Area Plan RecommendedActmn to assist property owners who are unable to maintain their properties ~. Educate residents and property owners ~. Develop methods to ~dent~fy absentee about the ~mportance of maintaining their property owners ~n the neighborhood so homes and properbes that they may be held accountable for ~ EstabhshI a Good Neighbor Program to property maintenance and code recognize residents and property owners wolat~ons that clean up and ~mprove their homes > Work w~th the C~ty to explore the and/or properbes poss~b~hty of estabhsh~ng new regulations Issue 2 Promote good property requ~nng rental properties to be maintenance and clean-up trash and junk periodically inspected and properly throughout the neighborhood maintained Study s~m~lar regulations requ~nng owner-occupied properties to The C~ty's Trash and Debris, Grass and be maintained Weed, and Junk Vehmles Ordinances HOUSING benefit the neighborhood by requ~nng property ow ers to clean up lots that are P Issue 1 Preserve and enhance the overgrown w~th grass and weeds, httered ne~ghborhood's ex~sbng housing stock w~th garbage and debris, or possess vehmles that are not ~n work~ng cond~bon or Enhancing the quality of Den~a's housing that have been abandoned The Dema stock ~s one of the top pnont~es of the Neighborhood supports these nuisance neighborhood The C~ty of Denton has an ordinances and desires to workwlth the City existing home ~mprovement program, to enhance, their enforcement and make available through the Commumty them more effective Development Department, which prowdes assistance to property owners wanting to Recommended Action rehablhtate their properties >, Increase~ enforcement of the C~ty's Trash Recommended Actmn and Debris, Grass and Weed, and Junk Vehmles Ord;nances, and other ex~stmg > Advertise and promote the C~ty's ex~sbng regulations ~ntended to ensure that Home Improvement Program--and properties are properly maintained advocate new programs (e g, grants, > Volunteers orgamze a neighborhood loans, techmcal assistance)--for acbon committee to conduct regularly providing assistance to ~nd~vlduals and/or schedulbd neighborhood audits of groups for the purpose of restonng and neglected properties Committee w~ll rehablhtat~ng housing in the Dema work w~th Code Enforcement Department neighborhood to determine what the audits should focus on, identifying Results of audit w~ll Issue 2 Ensure that ~nflll-housmg development ~s consistent w~th the be sub~nitted to Code Enforcement officers !or follow-up action surrounding architectural character of the ~, Estabhsl~ a ne~ghborhood-w~de clean-up neighborhood program and create a property On vacant ~nfill lots, the ne;ghborhood maintenance cooperative to promote the encourages building new smgle-fam;ly general maintenance of vacant lots and homes that are compabble w~th ex~st~ng homes ~n the vm~mty All new ~nflll-houslng 21 Dema Small Area Plan should be compabble ~n terms of neighborhood People who have ~nvested architectural style, materials, scale, and money and bme In property generally are orientation w~th ex~st~ng homes m the dedmated to ma~nta~mng the value of their ~mmed~atewcm~ty ~nvestment Wh~le ~t remains ~mportant to RecommendedActmn prowde a variety of housing opbons, homeownershlp creates a greater sense of > Create a standing "Housing Review involvement and dedication ~n the Committee" of the Den~a Area neighborhood Commumty Group Duties of the Recommended Action committee would include the following · Inventory potential s~tes for new ~' Estabhsh a renters association to housing and make site-specific disseminate ~nformatlon for and prowde recommendations for the appropnate assistance to neighborhood renters type ofhous~ng, ~' Maximize awareness of programs to · Develop criteria for newly constructed promote home ownership sponsored housing, relocated housing, and through the C~ty's Commumty major housing rehab~htat~on projects Development Department, The Denton · Make criteria known to developers, Housing Authority, and other ~nvestors, and public agencies that orgamzatlons have e~ther dec,sion-making authority ~' Consider sponsonng a homebuyer or resources available to assist ~nformabon seminar for neighborhood development residents Inwte lenders and mortgage · Work w~th potential developers early experts to provide advme ~n the process PARKS AND RECREATION Issue 3 Neighborhood renter households in Issue 1 Acquire and develop additional the City of Denton do not have a place parkland for playground and open space where they can obtain assistance wKh tenant Issues, hke ~nadequate property expansion (non-athlebc uses) of Denm Park maintenance Currently, Denla Park is the only pubhc open Year 2000 estimates show that renters space w~th~n the neighborhood Den~a Park ~s 25 acres, of whmh roughly 3 acres ~s account for 52% of Dema's resident dedicated to playgrounds, p~cnm fac~ht~es, population In many cases, neighborhood and a mulb-use court Th~s figure excludes renters are at the mercy of absentee the recreation center If the adjacent school property owners and landlords who are not grounds are included ~n the total open properly maintaining their properties space/recreabon land, the neighborhood Therefore, tenants must be knowledgeable (est population of 2,027) presently meets about their rights as renters and the City's adopted standards for owner/landlordrespons~b~hty neighborhood and commumty parkland Renters should also be ~nformed about the However, Dema is the only park m the various homebuyer programs that are neighborhood Rather than acqu~nng available An increase m homeownersh~p is add~bonal land to expand Dema Park, ~t will desirable ,n the Dema neighborhood be more advantageous to evenly dlstnbute because It helps to ~ncrease the stablhty, park land/open space throughout the safety and general appearance of the neighborhood Presently, growth ~s slow ~n 22 Dema Small Area Plan the Den~a planning area However, vacant service from the Den~a neighborhood to the land to the west and south of Dema Park w~ll LINK's central station downtown be the target of new development ~n the Recommended Act~on future Some of these lands are ~denbfled ~n the Denton Comprehensive Plan as ESAs > Prowde bus shelters w~th seating at (enwronmentally sensitive areas) and major stops in the neighborhood floodplain I~nds that present opportumt~es > Ensure bus stops are easily wslble from for preservation and recreational use as the road development occurs Strategies should be ~. Prowde route maps at pubhc use places developed to preserve these opportun~bes in the neighborhood, ~ e, Dema Recreation Center and Borman Recommended Action I Elementary School ~> Explore 0pportumties for the acquisition > Den~a Area Community Group should and development of a small park closer appoint a representative to serve as the to the' m~ddle of the ex~st~ng neighborhood contact to the C~ty of neighborhood ~n order to ~mprove the Denton Transit System (LINK) Th~s d~stnbut~on of neighborhood park representative w~ll be responsible for fac~ht~es commumcat~ng all transit related ~ssues to Den~a residents Issue 2 Acquire land south of Den~a Park for a green belt and neighborhood tra~l ECONOMIC DEVELOPMENT ISSUES system FUTURE DEVELOPMENT Recommended Action Issue 1 Develop an economic strategy to > Develop strategies to preserve targeted attract commercial, retail and office ESAs aRd floodplain for use as open development along the Fort Worth Drive and space, neighborhood tra~ls and pubhc 1-35 E corridors Neighborhood residents recreation land, ~n accordance w~th the also ~denbfled Bonme Brae and Roselawn adopted IDenton Plan, Parks Master Plan Drive as areas where they would hke to see and Tra~ls Plan objectives future commercial and res~denbal ~* Developl a neighborhood trail following development take place In their current the ex~stlng drainage easement that runs state, Bonme Brae and Roselawn Drive or parallelto McCorm~ckStreet substandard local roads that are hm~t~ng ~. Den~a neighborhood work w~th the Parks factors ~n the recruitment of businesses and Recreation Department and considering locating ~n the area Drainage D~ws~on to prepare a new Improvements to Bonnie Brae and Roselawn master plan for neighborhood parks and w~ll make the area more attractive for future a neighborhood trail system development that upon ~mprovement PUBLIC TRANSPORTATION In order to preserve the future wtahty of the Issue 1 Maintain adequate bus service to neighborhood, and the availability of services, ~t ~s advantageous for the the ne~ghbo'rhood neighborhood to encourage the attraction The Den~a ine~ghborhood ~s served by one and retention of local neighborhood based C~ty of Der~ton Transit System (LINK) bus commercial act~wty route LINK Route 8 provides roundtnp 23 Dema Small Area Plan RecommendedAct~on · Environmental improvement such ~ Create an ~nventory of available s~tes for as nde-shanng, LINK shelters, commercial and office uses along Fort composbng, tree plant~ng, trad head Worth Drive, 1-35 E and Bonnie Brae and enhancements Roselawn Dnve upon their ~mprovement > Idenbfy s~ngle-famdy homebudders and w~th contact names and other ~nformat~on ~nwte them to consider the area for to be used for referrals when development projects commercial/office developers are looking PLANNING AND DEVELOPMENT ISSUES for land ~ When detaded 2000 Census ~nformat~on LAND USE ~S available, use the data to create a neighborhood demographics package as Issue 1 Evaluate the Impact of future part of the marketing plan to attract development upon neighborhood commercial and office development infrastructure, pubhc facd~t~es and services dehvery Issue 2 Develop economic development strategy to attract quahty single-family Future development should not negatively res~denhal development ~mpact or overload neighborhood ~nfrastructure, pubhc fac~ht~es, and C~ty Denla residents reahze that w~th the services dehvery capac~bes The Den~a abundance of undeveloped land w~thm the neighborhood des~ras to maintain neighborhood, future development ~s certain concurrency between new development and Throughout the planning process, Denla the level of neighborhood ~nfrastructure, residents expressed their desire to attract facd~bes and services by 1) Performing quahty s~ngle-famdy residential development traffic generation studies for proposed to the neighborhood developments w~th neighborhood ~nput, 2) Recommended Action Addressing all negative traffic and c~rculat~on problemshmpacts before construction of > Attract quahty s~ngle-famdy res~denbal proposed development, and 3) Assessing development by ~mprowng neighborhood the proposed development's ~mpact on aesthehcs and ~nteracbon Th~s can be fac~l~bes and services, I e, Borman accomphshed by uhhz~ng Neighborhood Elementary School, Dema Recreation Empowerment Programs which prowdes Center, Den~a Park, etc match~ng grants for Recommended Action · Youth improvements such as small play areas, basketball court/hoops ~' A Traffic Impact Analysis ~s already · Neighborhood identity such as required for land developments that are s~gnage, entrance beaubflcat~on expected to generate a threshold level of · Public art or amemty such as 1,000 tnps per day, or more, or are benches, sculptures, gardens expected to generate 100 tnps per peak · Traff, c safety such as speed humps hour ~mpact as determined by the C~ty's or traffic calming amembes Engmeenng Department Traffic Impact · Capital equipment purchases such Analys~s may also be performed for land as neighborhood bulletin boards, and developments that ~mpact a sensitive neighborhood pmn~c areas area, ~ssue, or a known pubhc concern 24 Dema Small Area P~an ~ Den~a Area Community Group request RecommendedActlon Eng~neerm Department to perform traffic ~mpact analys~s for land developments ~ Development of an emergency that fall below the expected traffic evacuabon plan for the neighborhood is in process If evacuations are performed generation threshold of 1,000 tnps per there must be adequate power supphes, day or 100 trips per peak hour bathroom fac~ht~es and food available ~ Den~a Area Community Group w~ll work w~th the Parks and Recreation · Hazardous Material Sp,lls - Most hkely will call for ~n-house protection Department and agencies independent of ~nstead of evacuation the C~ty,, l e, Denton lSD to assess a proposed development's ~mpact on · During Severe Weather - Dema Recreation Center and Park Evacuation to Den~a Recreation capacity and Borman Elementary School Center, Borman Elementary School, neighborhood churches and buildings capacity ~, The Planning and Development w~th adequate fac~hbes Department w~ll send a courtesy > Emergency sirens are outdoor warning nobflcat~on to the Den~a Area Community systems only The s~rens are not Group of any proposed development intended to warn residents ins~de their w~th~n the neighborhood boundary homes of oncoming danger Residents > Dema ,&tea Community Group should are encouraged to obtain a National estabhsh a Development Momtonng Oceanm and Atmospheric Adm~mstrabon Committee Th~s committee will be (NOAA) weather radio for their homes or businesses Residents are also responsible for updating residents on proposed development acbvlt~es so that encouraged to obtain scanners w~th the neighborhood w~ll be ableto make an frequency 146 920 to hsten to the informed decision about the SKYWARN network (Storm Spotters) development's compabb~llty with the when ~t ~s activated SKYWARN talks to neighborhood (the Housing Review the National Weather Service and has Committee may assume these the very latest weather reformation respons~blht~es) > Imbate a neighborhood emergency management workshop program The EMERGENCYIMANAGEMENT workshop program w~ll focus on the purpose of emergency management and Issue 1 Develop an emergency evacuation ~ts benefits to the commumty In the plan for the neighborhood workshops residents w~ll receive Dema residents expressed concerns about handouts and partm~pate ~n not hawng a neighborhood evacuation plan demonstrabons on the use of D~saster ~n place for'emergencies In add~bon to an Supply K~ts, building safe rooms, and emergency evacuation plan, residents safety t~ps and facts for all emergencies expressed ,the need for stationary (non- INFRASTRUCTURE ISSUES rotabng) emergency s~rens and ne~ghborho0d workshops on emergency TRAFFIC AND CIRCULATION PATTERNS evacuation plan procedures L~sted below are vanous traffic concerns that have been ~dent~fled by the neighborhood For each ~ssue, one or more possible solutions have been idenbfled It ~s 25 Denla Small Area Plan understood that each ~ssue and possible solution wdl need to be analyzed m greater Issue 2 Prevent automobdes from speeding detail by the C~ty's Eng~neenng Department, w~thm the neighborhood both md~wdually and ~n relahonsh~p to other Drivers traveling at excessive speeds pose a potenbal ~mprovements, as well as to the senous danger to other dnvers and traffic system as a whole pedestrians Unfortunately, many drivers Issue 1 Reinstall traffic I~ght at Acme Street ~ncludmg neighborhood residents operate and Fort Worth Dnve their vehicles at speeds ~n excess of the lawful speed I~m~t Specific problem areas The intersection of Acme and Fort Worth that have been ~denbfled ~nclude McCormmk Drive ~s considered to be dangerous by between 1-35 E and Wdlowwood, H~ghland many neighborhood residents W~th no Park, and W~llowwood between McCorm~ck traffic I~ght ~n place to regulate the flow of and Bonnie Brae traffic at the mtersecbon, accessing Fort Worth Drive from Acme Street ~s both t~me- RecommendedAct~on consuming and dangerous The C~ty has ~ Identify strategic locations for ~nstall~ng I~mlted opbons ~n resolving th~s ~ssue Fort traffic calming dewces such as speed Worth Drive (U S 377) ~s a state road that ~s humps, traffic c~rcles, and stop s~gns regulated and maintained by the Texas > Post additional speed hm~t s~gns at Department of Transportation (TxDOT) The strategic locations throughout the traffic light was removed to reduce the neighborhood dangerous action of dr~vers trying to access ~ Increase enforcement of speed I~m~t Fort Worth Drive by maneuvenng their regulabonsw~th~nthe neighborhood vehicles through stacked vehicles travehng ~ Establish a neighborhood-based program north and south TxDOT has the ulbmate to educate residents about the authonty of deciding when and ~f traffic importance of hononng speed limits and volume at the Acme and Fort Worth Drive controlled ~ntersecbons w~th~n the ~ntersect~on warrants a new traffic hght neighborhood RecommendedAct~on Issue 3 Idenbfy and remedy dangerous ~ W~den Fort Worth Dr~ve by adding ~ntersect~ons and street conditions w~th~n the additional north and south bound lanes neighborhood from the radroad trestle north to 1-35 E Although not representing the same ~, Re-stripe Fort Worth Dr~ve from the magnitude of danger as the ~ntersect~on at Acme Street Intersecbon to 1-35 E sothat Fort Worth Drive and Acme, other motorist can clearly ~dent~fy the Intersect~ons within the neighborhood are ~ntersecbon and turning lanes potentially dangerous The Underwood and ~' Momtor traffic patterns at the Acme/Fort Avenue D ~ntersecbon ~s considered Worth Drwe ~ntersecbon to determine ~f a dangerous by neighborhood residents, traffic light ~s warranted If the traffic because there are not enough stop s~gns study results ~nd~cate that a traffic I~ght Is present to properly regulate the flow of traffic warranted, request TxDOT to reinstall a at the three-way intersection The curve at traffic light H~ghland Park and Underwood (by the pond) >' Explore alternatwe solubons for ~s also considered hazardous by ~mprov~ng traffic and safety condlbons at neighborhood residents, especially when the Acme/Fort Worth Dr~ve ~ntersecbon dr~vers try to negotiate the curve at 26 Dema Small Area Plan excessive speeds Other ~ntersect~ons and > Conduct an ~nventory of pavement streets corts~dered dangerous include conditions within the neighborhood and Kendolph a0d W~llowwood, H~ghland Park repair or resurface as required and Laurel,Avenue D and 1-35 E Access > Establish better hnes of commumcat~on Road, and the stretch of Bonme Brae from between the Englneenng Department, A~rport Roadl to W~llowwood contractors, ubht~es and neighborhood residents ~n the scheduhng and Recommend~dAction coordination of street repair and ~ resurfac~ng project > Perform e traffic study of the Underwood and Avei3ue D ~ntersection to ~dent~fy PEDESTRIAN ClRCULATIONANDSAFETY possible isolut~ons for ~mprowng traffic and safety conditions at that location !ssue 1 Increase pedestrian c~rculat~on and ~. Install all~-way stop s~gns at the H~ghland safety to and from the neighborhood Park andl Laurel Street intersection > Install a flashing 20 MPH caution s~gnal The ne~ghborhood's pedestrian c~rculat~on to warn Idnvers of dangerous curve at system ~s very d~sjomted The pedestrian c~rculat~on system's lack of conbnu~ty ~s due H~ghland Park and Underwood > Ehm~nate bhnd intersection at Kendolph to the detenoratmg conditions of ex~st~ng and W~lldwwood s~dewalks and the general absence of > PerformI study to see ~f H~ghland s~dewalks and crosswalks w~th~n the Park/Underwood curve can be neighborhood H~gh pnonty s~dewalk redesigned ~nstallabon and repair projects ~dent~fled by > W~den attd resurface Bonnie Brae from the neighborhood ~nclude A~rport Rd to W~llowwood 1) Install s~dewalk on Bernard from W~llowwood to Parv~n, ~ Developlalternat~ves for m~tlgatlon (ie, stop s~grls, traffic c~rcles, speed humps, 2) Install s~dewalk on H~ghland Park from etc ) as part of a comprehensive strategy W~llowwood to Underwood, for ~mp~'owng traffic safety ~n the 3) Install s~dewalk on Underwood and Avenue D, neighborhood 4) Install crosswalks at the Underwood Issue 4 , Improve the condition of and Avenue D and Underwood and ne~ghborho0d streets Kendolph ~ntersecbons ~) The neighborhood has expressed the need Nelghborho d residents identified several for an ~nterconnected sidewalk system to streets ~n ~the neighborhood that need ~nsure the safety of pedestrians, especially ~mprovemer~t and resurfaclng Specific children streets ~dentlfied include W~llowwood, H~ghland P~rk, and Bernard RecommendedAct~on Recommended Action Cltywlde s~dewalk installation and repair projects are funded through a m~scellaneous > W~lloww~.od ~s ~n the process of being s~dewalk fund S~dewalk projects are ~mprove(~ The ~mprovement to ~dent~fled wa c~bzen input, C~ty staff W~lloww0od from Bernard to McCorm~ck ~nvest~gabon, and planning for projects hke ~s corflpleted Improvements to schools, park, etc S~dewalk proJects that W~lloww00d from McCorm~ck to Bonme are ~dent~fled are then presented to the Brae ar~ scheduled to begin between the summerland fall of 2001 27 Den~a Small Area Plan S~dewalk Oversight Committee for > Investigate standing water at Texaco consideration near the fire station to determine ~f storm sewer ~s clogged or Iow point exists ~n > Submit s~dewalk ~nstallabon and repair the street project ~dent~fled above to the S~dewalk ~' Design ~s currently underway to enlarge Oversight Committee for funding the box culverts under Bonme Brae, cons~derabon north of Liberty Christian School, and to > Conbnually monitor and ~dent~fy possibly enlarge the drainage d~tch on neighborhood s~dewalk ~mprovement the east s~de of Bonme Brae Obta~ning prlonbes and ~nlbate repairs as required drainage easements on the golf course (present to S~dewalk Oversight wdl d~ctate the level of d~tch Committee for cons~derabon) ~mprovements > Develop a comprehensive strategy for > Coordinate w~th L~berty Christian School the ~mprovement of pedestrian traffic and to resolve drainage problems created by safety~nthene~ghborhood the school's recent grading of the DRAINAGE drainage d~tch and ~nstallat~on of driveway culverts Issue 1 Ehm~nate stormwater drainage deficiencies w~th~n the neighborhood PARKING The majority of drainage deficiencies Issue 1 Manage Parking on neighborhood ~dent~fled by the neighborhood are due to streets for safety and appearance inadequate drainage features (e g, curb and Adequate off-street parking is not prowded gutter, storm sewers, or drainage channels ~n many locations w~th~n the neighborhood and ditches) Street and drainage The lack of off-street parking in this ~mprovements to Wdlowwood are currently m predom~nately s~ngle-famdy neighborhood Is progress and should remedy all drainage a comb~nabon of poor design and changing deficiencies idenbfled along that stretch of bmes Many of the older homes ~n the road Another major drainage problem ~s the neighborhood prowde off-street parking for McCormick drainage channel Erosion of one, maybe two vehicles These homes the channel next to its concrete bottom has were not designed to accommodate parking allowed grass and weeds to grow along the for today's two and three car households channel bed Growth of vegetation along Therefore, residents park their cars on the the channel bed has resulted ~n standing or street or ~n their front yards Where on- stagnant water which ~s an ideal breeding street parking ~s utilized, ~t is not done ground for mosquitoes Other drainage efficiently An effort should be made to problems ~denbfled ~nclude standing water maximize the efficiency of on-street parking around the Texaco gas station and flooding where ~t exists, and to ehm~nate pedestrian on Bonme Brae dunng heavy rains and automobde safety hazards Recommended Acbon Recommended A ctlon > Redesign and reconstruct only the > Develop parking ordinance restricting on- port~on of the McCormick drainage street parking on Bernard Street to one channel that ~s earthen and add a drop s~de of the street Monday through Friday structure to reduce h~gh velocity water from 7am to 5pm flow that has caused the channel erosion 28 Dema Small Area Plan Stnpe on.street parking ~n key areas to maintain, orderly parking, as well as max~m~z~ parking use Perform feaslblhty study for developing an ordinance to prohibit the parking of vehicles ~n front yards or fred suitable alternabve to front yard parking The Implementation Strategy Agenda on the following pages summarize, ~n table format, the ~ssues and recommended acbon steps ~denbfled ~n the prewous section Additional ~nformabon ~dent~fy~ng who ~s responsible for ~mplement~ng the acbon steps, the relabve cost, funding source, and project ~mplementation t~mehne ~s also provided Den~a Small Area Plan 29 , DENIA )abon and Acbon Issue 1 Identify organize and ubhze the knowledge skdl and energy of neighborhood residents Acbon Step Aggressively DACG $0 NotAppgcable Immad~atsly Ongmng recruit neighborhood residents Carom Branthy to Jo~n and partlopate DACG $0 Not Appgcoble Immediately Ongoing Actmn Step Conduct CarolSraatlay assessment of community assets pubhsh and distribute assessment results and develop strategies for orgamzlng Individuals Physical Aesthetics Issue 1 Encourage neighborhood residents and Action Step EstabhshGood Neighbor Program to recogmze homes and/or properties 30 Den~a Small Area Plan Issue 2 promote proper~ up trash and junk thrqughout the neighborhood Acbon Step Increase CedeEnforcemenl StaffT~me GeneralFund Immedmtely Ongoing enforcement of all City Dabble Branham are intended to ensure safe healthy and aesthebcally pleasing property mmntenance Acbon Step Workw~th volunteers to setup , Code Enforcement Staff hmo GeneraIFund Immedinlely Ongoing neighborhood audg program of gebbM Branham neglected properties Mona Torres Actmn Step Establish netghborhood w~rle clean up ~rogram and cooperative to DACg $0 Not Apphcable Immediately OngoJag promote general maintenance Carol Branlley o maintain their properties Acbon Step DevelOp methods Code Enfercernent Staff T~me General Fuad Immedmtely Ongmng to tdenttfy absentee property Oeltble Branhnm owners so they may be helrl Maria Torres accountable for property OACG mmntenance and code Coral Brantley Building Insgertioas Action Step Explor~ the Grog MDchelt establmhment of new (ode Enlorcement Stall Time General Fund ImmedmtMy Ongmng regulaeons requ~nng owner gabble Branham to be penod~caily respected and properly mamtmned Housing Issue 1 Preserveandenhance the nmghborhood s exmtmg houmng stock SI OOO SI 5gOfer Acbon Steo Advettlseand adveresemants ,remote the C~ty s e~mGng Program casts vary CDgG HOME Oenlon County Immedmbly gage,ag (Untd funds me no home ~mprovement program Community Development longer avadabla) prowdmg assistance to property Current budget owners for the rehabd~tabon of approximately housmg $450,000 31 Dema Small Area Plan Issue 2 Ensure that ~nhll housing development ~s consistent wdh the surrounding architectural character of the neighborhood ^ctmn Step Estabhsh Hous~n Rewew Committee responsible BACG $0 Not Applicable Immed~ely {]ngmng for Inventory of potenbal Inhll Carol Brantley housing sites Developing criteria for new construction and major rehab~dabon projects and work~ng w~th developers Issue 3 Nelghborhoodrenter households do not have a place where they can obtain like Inadequate property DA£G $1 500 to $2 SO0 ~n CDBG/ItOME Immediately O~ssemlnate Informat*on and ~nformatlon for and prowde Barbara Ross November 2gOI ff sulflciant 32 Den~a Small Area Plan .Parks anc I ssL~ Acquire and develop additional parkland for expansion (non-athletic u~es) of develop lanti for mall parks 33 Den~a Small Area Plan Pubhc Transportabon Issue I Mmntan adequate bus ser~ce to the neighborhood Future Development Issue 1 Develop economic strategy to attract commemal retad and office development along the Fort Worth Dr and I 35E Corridors a~ld Bonnie Brae and Rose,awn upon Improvements Action Step Createmventoryof available sites for commerctal and offices along Fort Worth Economsc Development Staff hme General Fund Immediately January 2002 are looking for land 34 Dema Small Area Plan development strategy ho attract quahty single famdy res~denhal development Action Step AttfactqiJnlgysinple lamdy restdenhal development by tmprownfl neighborhood aesthetics Nmghborhood Empowerment small plop areas basketball court/hoops · Neighborhood idenlily sulh ns OA($ or olher nmghborhnod Unknown et th~s hmo Neighborhood Empowerment Immediately Ongoing humps or trnll~c calming such es nmghborhoed bullehn boards and neqghborhood picnic such ns ride sharing, LINK 34 Denla Small Area Plan Land Use 35 Dema Small Area Plan Emergency ement Islue 1 Develop an emergeflcy neighborhood must be adequate power supphes person lo help develop help to help develop 36 Denla Small Area Plan Traffic and Qrculat~on Patterns 37 Den~a Small Area Plan s~gns at H~ghland Park al~d Laurel Jerry (lark study Achon Step Ehmmate bhnd Tronspoltation Engineering Peri of WJllowwood Wdlowwood S~reet (ap~lal Current Lale Summer 2001 Wdlowwood Fundm§ ~flhgl~land Park/Undefdood curve OawdSalmon study $20~ $3000 funds 2001 02 Implementahon and lundin0 of ~demffmd Wdlowwood 2002 Achon Step Work wilh field allernal~ves for miOgot[on (I e stop DACG $0 Not gpphcabie Immedlalely Ongoing strategy for ~mprowng kaffk safety in lhe neighborhood Issee 4 Improve Ihe cbndltion of appfox~matley $900 000 funding avadabiilty and nmghborhood *n the scheduimg 38 Dema Small Area Plan Pedestrian Qrculat~on and Safety Illun I Increase pedostrmn tho nmghborhood Achon S~ep Submd Ihe following · Install sidewalk on H~ghland Jerry Clerk for 2U02 subled to Oversrght Underwood · Inslallcrosswalksatthe cons~derahon) accomplished ~hrough the Dra~naoe nmghborhood L,berry Christian School and to Dale HoBIhng depending on scope of 39 Den~a Small Area Plan Parking 40 Den~a Small Area Plan The followng pages contain neighborhood design examples taken from the Denton Plan 1999- 2020 These broad examples of neighborhood design focus on ~nflll development, neighborhood centers (new development), resMentml densR~es, connect~wty, and street sections The examples ~n Appendix A are to be used as a basic point of reference when residential development takes place ~n the Dema Neighborhood For more ~n depth gu~dehnes about ne~grlborhood design, refer to the Denton Plan 1999-2020 or contact the Planning and Development Department Appendix A Denln Small Ama Plan also to fh,e comm, unlly as a whole Before Inflll development Is allowed, its compatibility with the surrounding neighborhoods will be addressed. Compatlb#ity Includes building shapes, sfyles, helgnt and use Issues A-1 Denla Small Area Plan transit Neighborhood Centers are based on traditional neighborhood designs Sidewalks that lead fo neighborhood-oriented facilities, free-lined sfree~s, and slower to roads and buses, neighborhood traffic provide sate, i fo compqtible livable spaces neighborhood.oriented refall and sewlce, can be made avc~ll<3ble to bicycles and pedesfrians A--2 Denla Small Area Plan Mu f Residential Densiflel houses You ~nd these close fo main ~enfers ,r transit corridors Pecan Place Re#rement Apaffment$ fake only about 1/3rd of an acre but have a workable density of 70 units fo an acre In downtown Denton A recently.built four- ~ A typical multi- plex In Denton These family apartment are 14 - 16 units per complex that has acre a density of about 21 units per acre Mixed. Use Development Mixing uses Is not a new ~ Vlctorla Idea, but Is as old as Denton Square on itself Many Downtown Locust houses buildings supporl retail or residents, a offices on the ground Boor restaurant and and apartments and offices some offices on the second Boor Thls building on Bell Avenue mixes offices, retail and a convenience store ~.~3 Den]a Small Area Plan New n~lhbOfllOOds lho~]d be de,Moped so ~ ~ hndsh~ ~ ~n~ on a mM~ W m~ uMs Denla Small ~ea Plan k)wnhom~ 8u~mul# rarely A-5 Denla Small Area Plan Primary and se~.ondary Arl~a~s A-6 Denla Smafl Area Plan C/L ,o,,~,,,ow., o~o,,,., o,.,.., Remaining Access Wldh ~ Feet M~ one car l& Feet~ ~o ca~ A-7 Denla Small Area Plan Appendix B ] Denla SrnallAma Plan Figure 4. Figure 5 B-1 Denia Small Area Plan Figure 6. Figure 7 B-2 Dema Small Area Plan Figure 8. Figure 9 B-3 Denia Smell Area Plan Figure t0. Figure 11. B-4 Denia Small Area Plan Figure 12. Figure 13 B-5 Dema Small Area Plan Figure 14 Figure 15 B-6 Denia Small Area Plan Honorable Mayor and Members of the Council and Members of Planmng and Zoning My name is Ed Wolsk~ I am a physician w~th my office at 2436 1-35E, Suite #336 ~n Denton I hve at 2301 Hollyh~ll ~n Denton I have been a resident of Denton for the past 21 years I am very concerned about the zoning changes proposed on the following properties 1 ) 270 acres - Loop 288 & W~ndsor Dnve Extension 2 ) 37 acres - Loop 288 & H~ghway 380 (Southwest Corner) 3 ) 84 acres - Loop 288 & Sherman Dr (Southwest Corner) 4 ) 5 7 acres- Loop 288 & Stuart Rd (Northeast Corner) 5 ) 1 7 acres - Loop 288 & Stuart Rd (Southeast Corner) 6 ) 120 acres - 1-35E & M~lam Rd (Southeast Corner) 7 ) 120 Acres -- J~m Christal & Masch Branch Roads (Southeast Corner) 8 ) 2 lots Carroll Boulevard at Eagle Drive Any planned developments and final plats are wiped out after 2 years Th~s ~s not reahsbc It ~s tremendously expensive to do a planned development To develop a property may take 10 or more years I feel that ~f a property owner spends thousands of dollars to plan and engineer a project, the zomng plan should be vahd for much longer than proposed What ~s going to be the effect on lenders? Is a bank going to loan money on a project whose approval w~ll expire quickly, and may not be renewed by a d~fferent council? I also feel that the prows~on that any zoning changes be apphed for at least 90 days prior to only 4 P & Z meetings a year ~s burdensome to property owners Th~s w~ll mean any zomng change w~ll take at least s~x months, and probably much longer Most property owners are unable to wa~t that long What ~s the purpose of hawng businesses on the first floor of apartments on NCMU, CM-G, CM-E and RCC-D??? Who would want to hve over Albertson's or a p~z~a store? I am very concerned about the zoning changes proposed on the following properties 1 ) LOOP 288 & WINDSOR DRIVE EXTENSION - (approximately 270 Acres) Th~s is the property south of Kings Row on both sides of the loop It ~s north of the railway track where Safety Clean Is I was ~mt~ally very concerned about the proposed zomng on th~s property, which would allow a density of only 2 un~ts per acre In exam~mng the proposed zomng map, I not~ced that my tract of land has the lowest density of any tract on Loop 288 In fact, I have the same zoning as land out "~n the m~ddle of nowhere" ~n the country The nearest subd~ws~on (Deerwood) has 4 umts per acre The mlmmum lot s~ze ~s almost two and half bmes b~gger than the nearest subd~ws~on When I asked the planning staff why the z0nlng was so bad on this tract of land, I was told ~t was the result of a "computer ghtch" because th~s land ~s currently zoned Agncultural However, ~n looking at other tracts in the c~ty that were Agncultural, they have been g~ven new zomng that appears to be appropnate for their locations Despite numerous meebngs w~th the planmng staff, the "ghtch" was never fixed and ~t ~s st~ll zoned at 2 umts per acre What is the purpose of hawng half acre lots next to the busy Loop 288 and next to Safety Clean'~ I am also concerned about the proposed designation of 53 acres of th~s tract as "Enwronmentally Sensitive" When I asked staff ~f other property owners wewed th~s as a confiscation of their land, I was told that the ~dea was to compensate the landowners by allowing h~gher density zomng on the remainder of their property I don't see where a density of 2 umts per acre ~s a fair compensation for the loss of 53 acres of wooded land Th~s tract of land ~s at the location of the proposed W~ndsor Dnve overpass and d~amond ~nterchange There is $500,000 committed to des~gmng this ~nterchange It should be appropriate to have commercial type uses at this major ~nterchange, both to prowde convemence to the residents ~n th~s area and to ~ncrease the non-residential tax base Th~s northeast quadrant contains the greatest concentration of commermally underserved residents ~n the enbre C~ty of Denton Uses such as banks, grocery stores, restaurants, and professional offices are appropriate and much needed ~n th~s part of town Hawng these uses convemently located in their neighborhood would both increase the residents' convenience and reduce traffic on roads such as Loop 288 and Umvers~ty Dr~ve Addlbonally, th~s land area ~s bisected by Loop 288 (a primary truck route) It ~s bordered on the South by the railroad tracks and existing businesses such as Safety-Kleen I feel that increased denslbes are necessary to buffer the undes~reb~hty of hawng s~ngle-fam~ly homes ~mmed~ately adjacent to Loop 288 and ~ndustr~al parks I would hke to downzone part of the proposed EC-1 zomng to the north of the railway track to NRMU and NRMU-12 Th~s down zoning would allow the conservation of large areas of trees on the property The no~se generated by trucks on Loop 288 and by the railroad makes residential development of oversized lots unfeasible In fact, d~scusslons with homeowners ~n the area have ~nd~cated a desire for mulb-story buildings along the Loop to buffer them from the no~se they are currently experiencing from the traffic on Loop 288 I am appeahng to you to change the "computer ghtch" zoning on th~s property to zomng that ~s comparable to similar land on Loop 288 I would hke zoning that allows needed neighborhood services in areas that are very undes~reble for residential homes on large lots The c~ty and school d~stnct w~ll be able to get more property tax dollars and sales tax dollars from this type of development than from the Iow-dens~ty "urban sprawl" zoning proposed I have apphed for rezomng of th~s property I made apphcat~on ~n August, but at the request of staff it was delayed for their further review I have spent a lot of t~me and effort doing the studies they required I was very surprised when it was suddenly placed on the agenda three months later w~th no not~ce to me I was not notified that th~s was going before council even though the status was d~scussed with planning staff the day before the council meeting I would hke for my apphcat~on for rebel from the ~ntenm res~denbal ordinances to be reconsidered and approved so that I may proceed w~th my zoning and development request I feel that I have done everything requested of me by staff, ~nclud~ng the expenditure of large sums of money ( i e traffic study, tree surveys, eng~neenng, land planmng, etc ) and I would at least hke to be able to present ~t to you for your consideration 2 ) SVV CORNER OF LOOP 288 & 380 - (37 Acres) Th~s ~s the land behind Z~mmerer's Kubota It Is on the west s~de of the loop, north of Audra Lane and south of H~ghway 380 This ~s the bus~est corner ~n the eastern port~on of the c~ty I purchased th~s property because of the ex,sting zoning Th~s zomng allowed a grocery store, fast food restaurants, gas stations, and 314 residential umts, ~nclud~ng a 200-unit apartment complex Now, the new development code ~s trying to remove the ex~st~ng zoning, which w~ll decrease the value of th~s property The current proposed zomng doesn't allow the braiding of a grocery store of the s~ze needed to be commercially wable, nor ~n the location ~t needs to be The new September Development Code only allows a grocery store that ~s 40,000 square feet for NCMU zomng (where the original draft allowed 55,000 square feet), However a modern grocery store needs to be 60,000 to 65,000 feet A grocery store needs to be at the back of th~s property due to the power hnes running across the front of the property, and because V~rg~ma Street needs to be extended through the m~ddle of this property The current proposed zomng ~n the back of th~s property does not allow a grocery store In addition, no fast food restaurants, gas stabons, or apartments are allowed Th~s property has the worst proposed zomng of the 4 corners of th~s ~ntersecbon despite ~t being the only tract that can be easily developed The other 3 corners can't be built on very easily because they are ~n the floodplain of Cooper Creek Developing the other corners w~ll ~nvolve fllhng the floodplain which would cause flooding upstream Also the prior zomng allowed apartments The new zoning requires businesses to be built on the bottom floor of the apartment units Th~s ~s not reahst~c or financially feasible I am asking for zomng that w~ll restore uses that were allowed on the pnor zoning Th~s type of zoning would allow a development that would generate more sales tax dollars and property tax dollars for the c~ty 3 ) SW CORNER OF LOOP 288 & SHERMAN DRIVE - (84 Acres) Th~s IS the "going home" corner of th~s major ~ntersect~on Th~s is across Loop 288 from the proposed Natatorium and Water Park There are only 3 acres of CM-G here What ~s really needed here ~s a grocery store Th~s ~s the best location for a grocery store because ~t is the "going home corner" of a major ~ntersect~on on Loop 288 Allowing grocery stores on the Loop would reverse the flood of traffic going to Umvers~ty Dnve and to the Mall Th~s ~s because people would be able to shop for groceries and eat at restaurants ~n their own neighborhood I am asking that the CM-G zoning be increased to 15 acres, which is an area that ~s large enough to allow building of a grocery store The other 2 corners at this ~ntersect~on are zoned CM-G also, but one corner ~s 10 acres, and the other corner ~s 25 5 acres 4 ) NE & SE CORNERS OF LOOP 288 & STUART ROAD - (5 7 Acres) Th~s ~s another case of "computer ghtch" zomng Stuart Road has supposedly been scheduled for closing, greatly decreasing the value of this property for off~ce and retail uses Also, the northeast property has been given 4 umts to the acre zoning despite being adjacent to Loop 288, which ~s a ma]or (and noisy) truck route This property ~s surrounded by land that ~s proposed to be an athletic complex and water park The property on the southeast corner has been g~ven NCMU I am asking that both of these properties be zoned NRMU, which would allow residential uses 5 ) SE CORNER OF 1-35E & MILAM ROAD - (120 Acres) Th~s IS the intersection of 1-35E and the proposed Tollway Extension The proposed zoning ~s NCR-2 Again, 2 units an acre zoning at a major Interstate H~ghway ~nterohange, adjacent to an ex~st~ng truck stop, does not make any sense at all I am requesting a change from "m~ddle of nowhere" zoning to a Regional M~xed Use zomng 6 ) SE CORNER OF JIM CHRISTAL & MASCH BRANCH ROADS - (120 Acres) Th~s property adjacent to the Denton Municipal ^~rport was previously zoned ~ndustnal and ~s proposed for IC-G zoning Th~s zoning ~s acceptable to me, however I am concerned about the Enwronmentally Sens~bve Areas located on th~s tract S~nce more than half of th~s property (about 60 acres) ~s designated ESA, '1 feel th~s property ~s being "confiscated" by the C~ty w~thout just compensation Because of the ~ndustnal nature of th~s property, I w~ll be unable to ~ncrease density on the remainder, thus resulbng ~n "de facto confiscation" I am appealing to you to prowde me some rehef from th~s s~tuabon Perhaps you could prowde for some form of rights transferab~hty for th~s ESA to other properbes that I own 7 ) 2 LOTS ON CARROLL BLVD AND EAGLE These are zoned s~ngle family Th~s ~s ~n a heawly commercial area Zomng that allows office, retail, restaurants, or a gas station would be more appropriate I would hke to request DC-G zomng (which ~s the zomng of adjacent property) In closing, I thank you for your consideration of the concerns I have expressed, and would appreciate any assistance you can prowde ~n addressing these problems Yours truly, Ed Wolsk~ MD President Bill Allen December 4, 2001 V~ce President Glenn Carlton R D Marbn '~.~ of Denton Secretary 21 $ East McKmney Car~ Anderson Treasurer Denton, Texas 76201 Harry Hall Directors Lloyd Bailard The Board of D~rectors of the North Texas State Fear Association Robert r~oll respectfully asks that the Comprehensive Land Use Plan be amended M~ck~e Blsgg allowing our 21 acre slte to be included In Community Mixed Use Jerry Cobb Mark Foster Centers category and be zoned CM-O City planning staffadvlses us Fred Harper that we could operate legally with this zoning and a SUP rather than be Dale Irwin non-conforming as we are now-- 'Apparently this is the only' feasible Wayne Johnson zoning class that would accomplish this Jeff Krueger Troy LaGrone We feel that the inclusion of our property into the Community Mixed Weldon Lutes Use Centers land use is consistent w~th the Comprehensive Land Use Dale McKnlght James Roden Plan Our eleven acre tract of land to the north, which is proposed as Scott Richter NRMU-I 2, provides a buffer for the resldentlal property in that area Ex Officio Directors K~rk W~ison Thank you for your attentiveness and consideration County Judge Mmhael Jez t City Manager Chuck Carpenter, BI]I Allan President of Chamber of Commerce Executive D~rector Ken Burdock ~2217 NORTH CARROLL P 0 BOX 1695 DENTON, TEXAS 76202 (940) 387 2632 FAX (940) 382 7763 '~.~,.~ www {a0rthtexasstatefalr corn Real Estate, Government parents of the twins The trial court toed the matter without a jury & signed a decree terminating the mamage, dlwdmg ~'~ CtO~ of Glenn Heights v Sheffield Development the marital estate, determining that W & H are the parents of Co., Inc the twins, & providing for conservatorshlp, visitation & Waco - October 24, 2001 - 10~99-232-CV child support The decree contained a finding that H gave no Fastback#10565, 36 pages written consent to artificial insemination but ratified & (Concurrence dissent) consented to It by filing his answer & counterclaim On appeal, W argued that the trial court erred in refusing to Takings Case City Was Liable To Landowner For admit evidence on the issue of paternity during the trial on The Adverse Effect That A Development the merits Held Reversed & remanded W's pleading & Moratorium & Downzonlng Had On The Value Of testimony created fact questions on the issues of The Property ratificat~on of the assisted conception The trial court's Regulatory takings case in which the Court of t ruhngs probably prevented W from fully presenting her dec=dad that the government ~s required to pay the proposed evidence& therefore probablypravented her from landowner for the adverse effect of zoning regulations, properly presenting her case on appeal including a temporary moratorium Shortly afier P purchased the undeveloped 194 acres of Planned lit the Interest of Smith, a Child Development District l0 (PD Ia), D-City enacted a San Antonio- October 31,2001 - 04-01-00532-CV moratormm on the approval of development applications Fastback#10558, 3 pages The purpose at the moratorium was to eliminate the poss~bdity that potentially affected property owners, like P,Child Custody W Failed To Prove Indlg®ncy &, would file a plat or development permit apphcatlon & Therefore, Her Rlghf To Appointed Appellate "lock-m" their respective development rights Fifteen Counsel months later, the moratorium was terminated On the same W-appellant tn this "private custody matter" filed her not,ce date, the property was downzoned to minimum 12,000 of appeal, affidavit of ~ndigency, & motion to abate the square foot lots P sued, asserting that the moratorium & appeal pending resolution of her affidawt of indigence & downzomng violated due process, equal protection, & for the record to challenge the trial court's order takings clauses of the Texas Constitution & violated H's contest to her affidawt of ~ndlgence common law r~ghts under the doctrines of promissory ~,lthough the Family Code does not specifically prowde for estoppel, latches & vested rights The trial court datermmed counsel in th~s instance, this Court of Appeals that the downzoning, but not the moratorium, was a taking appeared to agree with the Tenth Court of Appeals that an of P's property without compensation & awarded P in&gent parent whose parental rights were ~n jeopardy of $485 000, plus interest Held Affirmed in part, reversed & being terminated should be represented on appeal remanded ~n part P must also be compensated for the Nevertheless, the Court of Appeals in this case found, as did ,takmgcausedbythemoratormm the trial court, that W is not truly indigent but ts intentionally unemployed It ordered her to file, within 15 Procedure days, evidence that she has made arrangements for payment of the record on appeal & the filing fee, or the Court wdl In the Matter of the Marriage of M C & R.$. & dismiss for failure to prosecute this appeal lit the Interest of J C & C.C., Minor Chddren Amarillo - November l, 2001 - 07-00-O546-CV Jotres v Jones Fastback#10556 9 pages El Paso - November 1, 2001 - 08-99-00373-CV Parental Rights Court Erred In Refusing To Admit Fastback#10564, 8 pages Testimony Rebutting H's Alleged Ratification Of Divorce Trial Court Abused Its Olscretlon In Assisted Conception Denying This Incarcerated H's Motion For W appealed from a d~vorce decree that established the Continuance parent-chdd relationship between H & 2 children born W filed for d~vorce m 9/98 H filed a pro se answer in 11/98, during the marrlage H & W were roamed in 7/99, & ceased m which he requested that no hearing be conducted poor to hying together m 12/99 In 1/00, W gave birth to twin boys hfs scheduled release from a federal pemtent~ary In 4/99, m In 2/00, she filed a petition for d~vorce, ~n which she denied order that he be allowed "an opportunity to appear & be that H was the father of the twins She attached copies of heard" The docket sheet reveals an entry captioned "arty DNA Parentage Test Reports that showed the probability of request bench warrant" on 1/15/99 It is unclear whether this H being the father of e~ther chdd as zero percent H was a requ~, L,~,-H, & thus a mistake since he was answered, counterclauned, & asserted that he & W are the appearing pro se, or whether W's counsel sought the rehef JOINT CITY COUNCIL AND ~ ZONING COlVIIVIISSlON HE~a~JNG Ik~:~r 4, 2001 Hold a joint pubhc he~n~ of tho Ctty Council and the Planning and Zomng Commission for{ the purpose of considenng pubi,c ,nput to the proposed Denton development Code and the rezomng of all property w,thm the ¢~y hm~ts of the C~ty of Denton pursuant to tbe Denton Plan 1999-2020 and the proposed Denton Development Code. Mayor Brook, Ladies and Gentlemen: My name is Kay Wilkinson. I have hved at 182:5 Tnmty Road on the southwest corner of Tnnity' Road and Hishway 380 East since 1973. Under the proposed Denton Development Code, there is undeveloped acreage on th~ northwest corner of Highway 380 East and Tnmty Road to be designated NCR-12 (located on the Code map as E-13) The acreage currently is zoned Agricultural. Father proposals of the Code designated it as NCR-2 (2 houses per acm), the same as the surrounding acreage in the neighborhood I do not know ff there have been any changes made in the deflmtion of this designation. The last ~nformauon I have states that NCR- 12 is a mix of more intense housing types and compauble COMMERCIAL uses, res~denual denslUes Will average up to 12 umts p~r acre. It is my recollecuon that the undeveloped acreage Is 15 acres. The change from NCR-2 to NCR-12 was made at the request of the property owRer I and the no~ghborhood are oppogd to the classification of NCR-12. A peuton w~th slgnature~ of approxlmetely 50 ¢~tizen~ opposing NCR-12 was prevlousiy submitted to Staff and the City Council. 1. Up to 12 units is too dense and NOT compatible with the NCR-2 designation of the other resldene~s and acreage. Although the permitted uses Include single family dwellings and duplexes, it also provides for multi.family dwellings (apartments) 2. Compauble commercial uses. What are considered compatible commercial uses? 3 Will this acreage be under the guidelines proposed by Staff that no site plan will be put before the public m a hearing? Staff will decide what is appropriate for our neighborhood without any input from the neighborhood? NCR-12 is too broad The owner has stated It Is not feasible to~ develop single-family dwellings on this property -- that leaves us with duplexes and apartments Duplexes would be more appropriate for this acreage and the neighborhood than apartments. However, under these proposed guidelines, the decision for the development could be left to the owner and Staff What would you do if you were the developer -- you would go after the most money, which could well be apartments. 4. NCR-12, being too dense, will create additional problems for the neighborhood a Tbere is no city water or sewer on the acreage b. Flshtrnp Road behind the acreage, parallel with Highway 380, which will pwhably be the man artery In and out of the site, has a history of flooding with heavy rmn c. The Trimty Road intersection with Highway 380 East will not accommodate addiuonal traffic without becoming b_sT~rdous to the public c. Additionally, there is a history of apartment buildings being sold and resold and eventually creating problems within a neighborhood because of tenants and physical condltionl of the proper~y. -2- S At on~ of the work sessions I attend~l, there was discussion to change NCR-4 (4 houses per agre) to perrmt duplexes with restn'cuons to lot size and appearance, and possibly include duplexes in NCR-6 (6 houses per acre). I do not know if this change was ever made There was,also discu~sion that NCR-12 would include nursing homes, to be redefined as assisted hwng and/or [ndapendent cam This would be mom appropriate with the neighborhood as it would no~ create as much of a traffic problem since the residents would not be as mobil as apartment,dwellers However, I am not sure that the elderly would desire to live along the highway ~)mdor. Moreover, without the site plan being bwught to a public heanng and decided by Staff, how can the citizens know what will actually be built on this acreage, which will ultimately affect the value of their property. We would appreciate the Council, the Commission, and Staff to review this undeveloped acreage and give It a designation with less density than NCR-12 -3- oa,kinney $ ~CE pA.~K A pLANNED pi:LOFESSIONAL OFFICE DEVELOPMENT 2225 East McKmney Street Denton, Texas Plan your office to suit your needs in th~s beautiful new office park located in a wooded setting on four acres ~e prope~y ~s projected for bus~ness ten~ts, such as ~to~ D~s~ ~ T~tle Comp~es ~,~ ~ ~. ~, Appmls~ A~m~ Mo~gage Compames ~' St~kbrokem ~ ~ht~ Bmldem/~velo~m ~c Co~raO~ Offi~s at~ on McK~ey Street (FM Road 426), 1/4 mile east of the Denton County Courthouse, th~s property ~s being Psycholo~sts develop~ ~th four separate buildings from 2500 square feet to Coua Re~e~ A~ 7500 square feet ~ere ~s a large common ~een ~ fountain Fm~Admsom ~d gardens, off street parhng, and l~dsca~d ~ounds All or Advising Comp~ Su~eyom pa~ of bmld~ngs may be lms~ Computer Semces Coumem East McK~nney Street ~s prolected to expand to four lanes Pe~olem ~velo~t beginning 2004 It ~s a h~gh traffic east-west thoroughfare R~to~ connecting domtom Denton to Loop 288 East En~n~ T~ Semces ~, etc ,~'/~r more reformation, contact D~ck and Ann Kelsey 940-$82.9370 940-.~87.9551 206 R~dgecrest C~rcle Denton, Texas 76205 rhke/seyl 2-t@earthlmk net DAHC * Denton Affordable Houeing Corporation Re Proposed Rezoning of 4 3 a'erfi located at 406, 408 and 414 Mockangblrd Lane Demon Affordable Housing CorporaUon (DAHC) respectfully requests that you change the proposed zoning des(gna(ton for several parcels of undeveloped "infill" land, totaling apprommately 4 3 acres m size, located at 406, 408, and 414 Moel~ngbtrd Lane (situated tm the east side of Mockingbird. at the intersection with Pmsley) (Maps attached) This area is proposed to be designated NR-3 m the draR Denton Development Code, but we request it be changed to aa NRMU-12 designation This entire stm'oundmg neighborhood ts currently zoned SF 7 and is completely built out except for these few remathmg parcels In an NR-3 zoning deslgnauon, lot sizes would average over 14 500 sq Il,, over twice the size of the 7,000 sq ft lots m the surrounding area Since the purpose pt the Ex(sting Nelghborhoods/lnfill ('ompattbthty land use Is to preserve and protect existing neighborhoods and to ensure that any new lnfill development is compatible with the ems(rog development pat(ems, we would suggest that an NRMU- 12/0rang deslgnatlnn is more compatible, consistant, and, therefore, more appropriate Although our intent ~s to develop single-family, dot,ached homes at a far lower density than NRMU-12 will allow, the next zoning category (NP,-4) is still ton Iow m its density requu'emants, malang it impossible to develop affordable homes on thcsc parcels Yhc homes to Ix. bruit will comply with all of the residential design standards of thc new Development C~xie and vail be sold to chg~ble first-time homebuyers In summary wi. make this request lor the £ollowmg reasons · Ibc hit size reqmremeatq allowed in an NILMU- 12 zoning designation are Iht more compatible ruth the existing ,urroundmg neighborh(xxl (qee attached plat map pi area) lhe protx'}sed NR-3 designation calls lor lot sizes that will ,more than double the size pt the neighboring lots · Ibc parcels m qu~tmn are on a transitional linc between a very large tract of land. currently zoned agricultural and ,,onll to Ix./pried NCR-2, and the e, mgmg Oaks SF-7 residanual neighborhood We lc'el the NRMIJ-12 ,'(mc wimld act a.s a bullet between the cms(rog residantlal neighborhood to the south and thc new nc~ghborh{xxl center resulent~al zune to the north · I)AI lC ha.s intended to construct apprordmately 20-24 smglc-f, umly units on the parcels totahng 4 3 acres in a mannor that is compatible with thc existing surrounding neighborhood An NRMU-12 zoning deslgmatlon will enable tis to do that · Because two pt these mhll parcels are land-locked and set back off the sweet, DAHC w~ll have to install a city qrcct curb,, gutter~ sldcvcalks sewer and water lines and all necessary lnlrastructure when the [otq arc planed and developed Fhe cost pi th~s mlrastrut.ture would be prohibitively expensive If It has to be qpread across (inly three lots per acre · IXnton Affordable l lous~ng Corporannn acquired these parcels with the intent to build affordable housing for low-to-moderate income households It would be ~mpossthle to ke~p the housing "affordahl~ ~l minimum lot ,,i/cs had to be 14 $00 sq It or more · I)AI IC has already incurred substantial expense in preparing a drmnage plan for these parcels that has b~cn accepted by the C~ty Wurk ha.s also I-a. gon on pl,lttlng thc propcn'ty lot sm~e-lamfly homcs · Il thc/onmg de.signature ts lell at NR-3 we feel it would be impossible to sell these parcels of land because no other developer would be re(crested m braiding on very large lots because the pnee o! those homes would so tar exceed thine pi the immediate area · It is currently extremely difficult to find mhll lots in Denton that arc gtxxi bmldmg It)ts yet arc still 'affordable' DAIIC has been coon(rog on getting at least 5-6 dwdlmg units p~r acre on thc propctty in question Financially, we ,,imply could not develop this land al'we were r~'lcted to fewer units per acre Fbi,, would lx~',c a severe hardship lot the organization and our mission to increase the supply ol affordable hou.smg lot lower-income residants tn lX'nton A descnptmn ul DAIIL nur m,ssion and our progr,uns ~s attached Our track record demimstrates our commitment to developing g{xxl sound, attractive and wcll~buth hou,,mg lot thc OF DENTON T2525 T2525 T2527 ~STEWA TER ENGINEERING ~., T245.T2469 SHOWN IN APPROXIMATE LOCATION C~ty of Denton Maps Page I of I ' lnteractive Maps Map Results Chcklnff on map will ~ Recenter (' Recenter & Zoom In C' Move/Add Point (" Query a Parcel Add to the MeQ , [-- January 2000 Aerial Photos P' Parcels ~ Map Legend F" Zoning (view leqend) ,~. City Bounder) ~ Shaded C' Outhne = Freeways Future Zoning (DRAFT) Arterials __ Radroads (wew legend PDF) Budding Footpnnts Points of interest Water Lines ~ Sewer Lines ~ Lakes Streams Floodplains ['- Habitats Go To A Point of Interest ISetact From the List Below C*tyofDentonHomePage I C~tyof~en_tonPlannmg&Development DISCLAIMER This data has been compded for the C~ty of Denton Vat'lOU$ official and unofficial sources were used to gather th~s information Every effort was ~de to ensure the accuracy of this data however r~o guarantee is given or imphed as to the accuracy of sa~d data An ~,ommun~y powered by dfwmaps com Number of Maps Created Since Oecember 21 2000 92309 http//www dentonmaps com/scnpts/esnmap dllgname=Denton&Left=2396231 42439634 11/26/2001 Denton Affordable Housing Corporation Denton Affordable Housing Corporation (DAHC) is a commumty-b~sed nonprofit organ~atlon whtch began operating tn 1995 to address the need for affordable housing m Denton DAHC's mlsstc~ is to merease the supply of affordable housing m the Denton area through a variety of means, including acqtusluon, construction, renovation, promotion, flnancmg, support, development, management, and/or operation and maintenance of both rental and owned~occupied housing for persons of lirmted financial means The pronary populations targeted for assistance include ftrst-~ne homebuyers, persons wxth disabthttes, elderly persons, and mdiv~duals and farmhes m need of safe adequatO, and affordable housing DAHC is also committed to ccoperatmg w~th and prov~thng support to orgamzations vnthm the comm~uty that encourage housing assistance acuv~ues, and to assist generally in the allexaat~on or,the shortage of decent housing for low- and moderate-income persons throughout the Denton area. DAHC offers several programs wtuch are funded or financed through a variety of sources, including the City of Denton ItOME funds, Denton County Housing Finance Cca'pomuon, the Federal Home Loan Bank of Dallas, the Texas Department ol Housing and Community Affan's, ~he Texas Housing Trust Fund, ttUD, interim- and long- term financing through the Fu'st State Bank of Texas, a local conventional lender, and contribuuons from private foundations and donors These programs provide benefits to citizens of Denton County, particularly low- and moderate-income famthes and households w~th special needs HOMEOWNERSHIP PROGRAMS · . Affordable Homeownershtp Opportunity Program (AHOP) DAHCN AtK)P program provides an optX~rtunity lot mcome-ebg~ble buyers to parchase their first home DAHC acquires rattiest smgle-lamdy homes thronghoul Denton County and prepares them ~'or sale to qualified famthc", A pro£cssional m',l~ctor is ret,uned to determine what repmrs arc necessary DAHC contracts out the reqtarcd rcnovatlons The homes are marketed and sold in ready-to-move-m conthtion, at affordable prices to thc Iow-income buyer As a quahfied nonprofit, DAHC is approved by IIUD to participate in their 1 ,unlly D~slX~,,It~on Pre,gram ,md many o£these homes have been acquired through t IUD [ii ~rdcn' 1o qualify lor Al K)P, the homebuyer must (1) meet the income ehgthihty gmdelines (e g., typically have an income .It or below 80% ofthe Area Me,ban Income), (2) not have owned a home in the pa~t three years (3) plan to live in the AIIOP home for at least five years, and (4) qualify For morlgage financing through a partlclpanng lender Depondmg on the income level oFthe homebuyer, DAHC can also provide lmanclal assistance with up-front costs, which include up to hall' o£ the down-payment and cluslng cest~ ~ucb as appraisal eredlt relx~rt, lender's origination lee legal documentation survey costs, inspection lees and a portion ol tax and insurance pr~nntums In addmon, tor very low-income homcbuyers, I)AHC may bc able to prowde "gap financing" to reduce the prmclpul amount ul the buyer's loan thereby reducing Ihelr monthly payments Ill the past live years, DAHC has acquired renovated, and ~old nearly 80 ~lngle-lamdy homes to brst-tlme homebuycr,, andcn' thc AIIOP pr~.~ram Thc average c~,t ol renovations rangc~ lrom approximately $10 O(X) - $15,000 The average sales Once ol tile houses I~ less than $75 000 Affordable New Conntructlon lnfill Program, DAHC has recently expanded the AIIOP program include the construction ot new slngle-lamdy homes in ex~stmg residential neighborhoods It is hoped that thef,~, homes can Ix. kept m¢~'e affordable by utfiizang mlill lots that have becn donated ~: made available at nor~mal pnce~ from thc City's inventory o£vacunt or abandoned properties In addition, I)AHC wdl ~con embark on a malor construction project, which began when a local couple donated a small parcel ol vacant land to I)AHC, DAHC has assembled nearly four and a halfacre.s o£1and for a planned subdiwsion ol 20 lo 24 detached ~lngle-famlly homes lor fir, t-time homcbuycrs Construction ~s scheduled to beggn in thc coming year AFFORDABLE RENTAL PROGRAMS' DAHC curreetly owns and manages a portfoho of 66 rental umts, prunanly earmarked for spectal needs populcatons These umts are located on scattered sites throughout the City of Denton The umts are configured m one 4-plex, 18 duplexes, 14 smgle-farmly-homes, and a 12-umt townhouse complex Affordable Rental Units DAHC currantly owns an apartment complex -- Coronado Condomuuum cons~stmgofl2rentalumts Flveofthe 12 omts are avmlable at below-market rents to quahfy~ng low- and meditate-income people The romammg mats are market-rate umts The complex was purchased m 1996 tron~ the RTC/FDIC and remains fully occupied most of the tune Transitional Housing for Homeless Families ruth Children DAHC currendy owns and manages ten renal antis that are leased to famthes parumpatmg m the Transitional Housing Program admunstered by HOPE, lac, a fellow nonprofit corporation tn Denton HOPE provides comprehensive case management lot the clients during the two-year pertod they participate m the program and reside tn these units The goal ot the program is to enable homele',s families to achieve stabthty tn their h¥cs and, ultimately, self- surf tunney The ten dints are configured m four duplex structures and two single-fanuly homes on scat ered sites Affi rdable Rental Unttn for the Physically Disabled. DAHC has a portfolio o! 13 fully handicapped acco ~,,lblc unit,, otlered at very affordable rents to persons vnth physical chsabilmc,, Fight of thc 13 offer sub~ ~dlzed rent~ to the very-low-mcome d~sabled tenants Although DAttC does not prowde chrcct case mar agcment or s~x~lal ser-nce~ to these tenants, it works closely w~th Ideal serwcc providers to ensure that th{. oeed~ of thine tenants arc mci Affi ,rdable Rental Umtn for the Mentally and Developmentally Disabled DAHC has acqmrcd 29 umt,, ,,cat ired throughout the commantty that are leased to the Denton County Mental Ilcalth Mental Ret, rdatlon I)cpar~ment (ur their ,~ubcontractur) for persons wth developmental dv, abthttcs l yplcally lorn of these mdtxadualq bye together as a family vnth a full-omc caretaker ~l~ Tr~ nsitmnal Hau,~mg for Vict~ms of I)omeqtlc Vmlence I)AHC ts in thc proccs,, {71 ~tructurmg thc lm ~anctng to braid 12 addttmnal rental umts at three sites on parcels ol land it has already acqmrcd umt! wdl be re,,erved lot families rclerred irom the Friends ol thc I amdy domestic violence prol Tam is a colla}x~rative effort among several Ideal nenproht agencies DAIIC w~ll develop, own and mal ge thc units, Friends ot thc I amlly v~ll refer the forints and proxnde ongoing sup,p,~rt~vc IlO ~ In¢ wall provide case management and social sermcc coorthnalmn ~hrough their Framtttonal Ihn [ng Program and the IX.'nton 110ttsmg Authority wall provide umt-bascd %ectmn 8 rental a.ss~qancc to k~.c 1 thc units very affordable Affordable daycare ,,erv~ccs are being mcorlx/rated mid thc progr,an plan It t, expected that these 12 anlt,~ wll be avmlable by the tall ol 2002, bringing DAIIC s rental porlloho 78, mits LAKEVIEW RANCH TERRA/BAIN INC December 4, 2001 Mayor Eutme Brock C~ty Council Members Planmng & Zomng Commissioners C~ty of Denton 215 E Mcgauney Denton, Texas 76201 Re Lakewew Ranch Zunmg Map Dear Mayor, Council Members and Comnussmners We continue to work vnth the Denton Independent School Dastnct on an elementary school sate w~thm Lakewew Ranch To date, sates B & C have been shown to the chsmct (see the attached maps) S~te B as an 8 acre m~ct w~th qmte a bat oftopo, however ~t as not large enough Sate C is a pretty sate bounded by Cooper Creek, again the 12 acre sate, only about 8-10 are usable, ~s not large enough They are foeosmg on stte A as shown on the map This site will front on Lakeview Bird to the west and our spree road to the east Across the street to the east we are planmng a pomon of the open space and mul~ The topo as fiat compared to some of the land an the area and appears to be more statable for a school The D I S D consultant as now studying the s~te for the thstnct For reference, I am attaetung a copy of the proposed zoning map for tlus section Ama A ~s planned for NCR-12 and appears to be 16 7 acres On the other hand, sates B & C whach are planned to be NCR-4 consast of approximately 8 acres each It appears that the NCR-12 ~s planned around the NCMU along Lakevaew Blvd By way of thas letter we are requesting a change an the zomng map by moving the NCR-12 to s~tes B & C and replacing ~t ~th NCR-4 Tl~s will be anet zero change but vnll allow us to g~ve the school the better silo A letter from the D I S D suppomng tlus request is forthcoming If you have any questaons please call me at 817-540-3993 Again, thank you for you help pmerely' Il Terra/Barn, Inc. 2740 Fuller Wiser Rd. * Euless, Texas * 76039 * 81%5403993 * Fax 817-540-5422 / / ...... P~:vAT~ DRAFI Zonin~ - City of Donton N NOVEMBER 200~ Planning and Development Depa~ment 221 N ~m This m~p regresents {he current info~ation Denton, Texas 76201 within ~ne C~y of Denton GIS system. It is not 1:600 (940) 349-8350 an official map of the C~y of Denton and should ~.cityofdenton.com not be used for engineering purposes. It may contain erro~ and omissions. LAKEVIEW RANCH TERRA/BAIN December 4, 2001 Mayor Euline Brock City Counofl Members Planning & Zomng Commissioners C~ty of D~gton 215 E McKmney Denton, Texas 76201 Re The Donton Development Cod~ I appreciate the Ume and effort your office has put ~nto the developmem code We beheve there may be a few items that have inadvertently affected Lakevaew Ranch I have attached for your revtew those ~tems m quesUon Our behef ~s that the outhned changes, wlule nunor, vail make a posmve ~mpact on development and home braiding industry Thank you m advance for your considerauon Sincerely, MPS/ss Attachment Terra/Bain, Inc. 2740 Fuller Wiser Rd. * Euless, Texas * 76039 * 81%540-3993 * Fax 817-540-5422 ** 35 5.2.3 General Regulatmns Subd~wsions over 2 acres Minimum bmlchng separation for non-attached buflchngs NCR-4 is 12' feet Recommend 20% of lot vadth or 12' feet whichever is easier Maximum lot coverage NCR-4-40% 7,000 sflot NCR-4 typical 60'x117' -- 7,000 sf driveway 22'w x 20' deep = 440 sf walkway 20x4 = 80 sf 40% of 7,000 = 2.800 sf less driveway = 440 sf less sidewalk = 80 sf 2,280 sf- maramum 1~ floor less garage = 506 1,774 sf- mammum AC lst floor 5,000 sf lot NCR-6 typw. al 50'x100' = 5,000 sf driveway 22'w x 20' deep = 440 sf walkway 20x4 = 80 sf 50% of 5,000 = 2,500 sf less driveway = 440 sf less sidewalk = 80 sf '1,980 sf less garage = 506 1,474 sf- maximum AC 1~t floor The analyms of 5,000 sflots m NCR-4 became of EIS area 40% of 5,000 = 2.000 sf less driveway = 440 sf less sidewalk = 80 sf 1,480 sf less garage = 506 974 sf- maramum AC ls~ floor The effec~ of coverage then forces smaller homes Coverage vail make svang-m garages less desirable because of more dnveway pavement Porches vail also act as a penalty Praeucal House Ist floor AC maxtmum 2,000 sf maramum Plus garage 506 Plus chuvcway 440 Plus s~dewalk 80 :~,026 sf or ,60% maximum coverage I request changing NCR-4 lot coverage to 50% unless density Iransfer is being used along vnth EIS and then ~t should be 60% NCR-6 lot coverage should be 60% OR, define coverage as mr conchUoned first floor structure as relation to the total gross ama of the lot PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM TO CITY COUNCIL ~qD PLANNING & ZONING COMMISSIOiTN~ FROM DOUG POW~:*.I I-_ DIRECTOR PLANNING & DEVELOPIVtENT SUBJECT Cu~r RESPONSE TO DEVELOPMENT CODE DATE 12-04-01 CC MncE CONDUFF, C[~¥' MANAGER DAVE ~rrr .1.. ASSISTANT CITY MANAGER Prewous Ptlblic Input The first round of pubhc meetings regarding the Denton Development Code began an November 2000 Staff held eleven meetings an winch maps of the proposed zomng were made avmlable In January and February of 2001, two pubhc heanngs were held by the Plarmmg and Zoning Conumssaon and two pubhc heanngs were held by the Caty Courted Throughout tins tmtial review penod, 645 requests for mformataon / comments were submatted to staff Of those, approxanately 164 were basra mqulnes as to the nature of the new zomng vathout any comment The remainder of the comments were address through, staff recommendations, Planning and Zomng Cornnusston recommendataons and recommendations from the City Council As a result, many changes wen: made to the code and the zomng map Current Level of Public Inqun'y Sance the notfficatmn of the December 4, 2001 Joint Pubhc Heanng, staff has received additional mqumes regarding the Development Code Over 130 mqumes have been made to staff dunng the past two w~eks Of the 130 [nqumas, approxnnately 65 are basac questions as to what as the current zomng, and what w~ll the new zoning be, many of these were phone mqumes an winch the caller dadn't or wouldn't gave thear name 20 of the mqumes address issues winch were subrmtted dunng the prevmus round of pubhc input There are approxtmately 45 anqmnes that may ancinde a need for' further anvestagatmn Attached ag a copy of all letters, faxes and comment cards receaved by planmng staff dunng this round of pubhc input. These mclude basac anqmnes, full rezomng requests on tndavtdual propemes and comments regarding the text of the Development Code Frem From Dr Edwolski To Douglass Powell Page 1/5 Date 12/4/01 105040AM FAX COVERPAGE To From SubJect Denton Zoning Draft - From Ed Wolsl~ This fax was sent from Wol+Med Please contact us at (940) 484-7000 for questions From From Dr Ed wolski To Douglas S Powerl Page 2/5 Date 12'4/01 10 5041 AM FAX TRANSMISSION To From SubJect Denton Zoning Draft - From Ed Wolskl This fax was sent by GFI FAY, mai(er for Exchange Message Attentmn Doug Powell From Ed Wolsk~ Dear Mr Powell I was working with Nancy McBeth She sa~d she was going to get some changes implemented However, I understand she quit so I got stuck with the same poor zoning Sorry for my long ema~l, but I am I am very concerned about the zoning changes proposed ¢~ the following properties 1 ) 270 acres - Loop 288 & Windsor Drive Extension 2 ) 37 acres - Loop 288 & Highway 380 (Southwest Corner) 3 ) 84 acres - Loop 288 & Sherman Dr (Southwest Corner) 4 ) 5 7 acres - Loop 288 & Stuart Rd (Northeast Corner) 5 ) I 7 acres - Loop 288 & Stuart Rd (Southeast Corner) 6 ) 120 acres - 1-35E & Milam Rd (Southeast Corner) 7 ) 120 Acres -- Jim Chnstal & Masch Branch Roads (Southeast Comer) Also I am concerned that planned developments are w~ped out after 6 months Th~s is not reahsfic It Is tremendously expensive to do a planned development To develop a property may take 10 or more years I feel that ~f a property owner spends thousands of dollars to plan and engineer a project the zomrg plan should be valid for much longer than proposed What is going to be the effect on ler~lers? Is a be~k E:lng to loan money on a project whose approval will expire quickly, and may not be renewed by a drfferert council? I also feel that the provision that any zoning changes be apphed for at least 90 days pno¢ to only 4 P & Z meetings a year Is burdensome to property owners This w~ll mean any zoning change ~nll take st least slx months, and probably much longer Most property owners are unable to wart that I~ng I am I am very concerned about the zomng changes proposed on the following proFertles I ) LOOP 288 & WINDSOR DRIVE EXTENSION - (approximately 270 Acres) Th~s ~s the property south of Kings Row on both sides of the loop It is north of the railway tr~k where Safety Clean Ps I was initially very concerned about the proposed zoning on th~s property, which wculd allow a density of only 2 units per acre In examining the proposed zoning map, I noticed that rny tract of land has the lowest density of any tract on Loop 288 In fact, I have the same zoning as land out 'm the middle of nowhere' ~n the country The nearest subd~vision (Deerwood) has 4 un~s per acre The m~r~mum lot s,~e is This fax was sent from Wol+Med Please contact us at (940) 4~-7000 for quest~ons From From Dr Ed wolsk~ To Douglas S Powell Page 3/5 D;,te 12/4/01 10 50 41 AM almost two and half times bigger than the nearest subd~wsion When I asked the planning staff why the zoning was so bad on th~s tract of land, I was told it was the result of a "computer glitch" because th~s land ~s currently zoned Agncultural However, m looking at other tracts in the city that were Agncultural, they have been given new zoning that appears to be appropriate for their locations Despite numerous meebngs with the planning staff, th~ "glitch" was never fixed and it Is still zoned at 2 umts per acre What ~s the purpose of having half acre lots next to the busy Loop 288 and next to Safety Clean? I am also concerned about the proposed designation of 53 acres of this tract as "Enwronrnentally Sensitive" When I asked staff if other property owners viewed this as a confiscstmn of their land, I was told that the idea was to compensate the landowners by allowing higher density zoning on the remainder of their property I don't see where a density of 2 units per acre Is · fair compensation for the loss of 53 acres of wooded land Th~s tract of land Is at the location of the proposed Windsor Dnve overpass and d~amond interchange There is $500.000 committed to designing this interchange It should be appropnate to have commercial type uses at this major interchange, both to provide convenience to the residents in this area and to increase the non- residential tax base This northeast quadrant contains the greatest concentratmn of commercially underserved residents in the entire City of Denton Uses such as banks, grocery stores, restaurants, and professional offices are appropriate and much needed In this part of town Having these uses conveniently located in their neighborhood would both Increase the residents' convenience and reduce traffic on reads such as Loop 288 and Umvers~y Drive Additmnally, this land area is bisected by Loop 288 (a primary truck route) It ~s bordered on the South by the railroad tracks and existing businesses such aa Safety-Klean I feel that increased densities are necessary to buffer the undesirability of having single-family homes immed~ately adjacent to Loop 288 and industrial parks I would like to downzona part of the proposed EC-1 zomng to the north of the railway track to NRMU and N RMU-12 This down zoning would allow the conservatmn of large areas of trees on the property The no.se generated by trucks on Loop 288 and by the railroad makes resldentml development of oversized lots unfeasible In fact, discussions w~th homeowners In the area have indicated a desire for multi-story buildings along the Loop to buffer them from the noise they are currently expenencing from the traffic on Loop 288 I am appealing to you to change the "computer glitch" zoning on this property to zoning that is comparable to s~m~lar land on Loop 288 I would hke zoning that allows needed neighborhood services ~n areas that are very undesirable for rasldential homes on large lots The c~ty and school d~stnct wdl be able to get more property tax dollars and sales,tax dollars from this type of development than from the Iow-density "urban sprawl" zoning proposed I have apphed for rezonlng of this property I made application in August, but at the request of staff ~t was delayed for their further review I have spent a lot of time and effort dmng the studies they required I was very surprised when it was suddenly placed on the agenda three months later with no notice to me I was not notified that this was going before council even though the status was discussed with planning staff the day before the council meeting I would I~ke for my application for relief from the interim residential ordinances to be reconsidered and approved so that I may proceed with my zoning and development request I feel that I have done everything requested of me Iby staff, including the expenditure of large sums of money ( I · traffic study, tree ~urveys, engineering, land planning, otc ) and I would at least hke to be able to present it to you for your consideration 2 ) SW CORNER OF LOOP 288 & 380 - (37 Acres) This is the land behind Zlmmerer's Kubota It is on the west side of the loop, north of Audra Lane and south of Highway 380 This is the busiest comer in the eastern portion of the mty I purchased this,property because of the existing zoning Th~s zoning allowed a grocery store, fast food restaurants, gas~stations, and 314 residential units, including a 200-umt apartment complex Now, the new development code is trying to remove the existing zoning, whmh wdl decrease the value of this prope~'3/ This fax was sent from Wol+Med Please contact us at (940) 484-7000 for quesbons From From Dr Ed wolsk~ To Douglas S Powe[I Page 4~5 Date 12/4101 10 50 41 AM The current proposed zoning doesn't allow the building of a grccery sto~e of the size needed to be commercially viable, nor in the location ~t needs to be The new September Development Code only allows a grocery store that Is 40,000 square feet for NCMU zoning (where tf~e o~ginal draft allowed 55,000 square feet) However a modem grocery store needs to be 60,000 to 65,00[: fee~ A grocery store needs to be at the back of this property due to the power lines running across the front of ~ property, and because Virginia Street needs to be extended through the middle of this property The currerr:, prc~posed zomng m the back of th~s property does not allow a grocery store In addition, no fast food restacrants, gas stations, or apartments are allowed Th~s property has the worst proposed zoning of the 4 comers d this intersection despite it being the only tract that can be easily developed The other 3 corners can't be bull: on very easily because they are in the floodplain of Cooper Creek Developing the other comers will nvotve fill~ng the floodplain which would cause flooding upstream I am asking for zoning that will restore uses that were allowed on the pnor zoning I would be vailing to donate the land for the extension of Virginia Street This type of zon~n~ would allow a development that would generate more sales tax dollars and property tax dollars for the cry. 3 ) SW CORNER OF LOOP 288 & SHERMAN DRIVE - (84/-cres) This is the "going home" corner of this major intersection This is across Loop 288 from the proposed Natatorium and Water Park There are only 3 acres of CM-G I'ere VV~at ~s really needed here is a grocery store This ~s the best location for a grocery store because It is t~e 'going home corner'' of a major intersection on Loop 288 Allowing grocery stores on the Loop would reverse the flood o' ,h'affic g~mg to Umvers~ty Drive and to the Mall This is because people would be able to shop for groceries an: eat at restaurants in their own neighborhood I am asking that the CM-G zoning be increased to 15 acres, ~,ch is an area that is large enough to allow building of a grocery store The other 2 comers at this intersect, on are zoned CM-G also, but one corner is 10 acres, and the other corner Is 25 5 acres 4 ) NE & SE CORNERS OF LOOP 288 & STUART ROAD - ~ 7 Acres) This is another case of "computer glitch" zoning Stuart Roao has supposedly been scheduled for closing, greatly decreasing the value of this property for office and retal uses AJso, the northeast property has been given 4 un~ts to the acre zomng despite being adjacent to Loot 285, which is a major (and noisy) truck route Thls property is surrounded by land that is proposed to be an ~:hleClc complex and water park The property on the southeast corr~er has been given NCMU I am asking that b~th of these properties be zoned NRMU, which would allow residential uses 5 ) SE CORNER OF 1-35E & MILAM ROAD - (120 Acres) This ~s the intersection of 1-35E and the proposed Tollway Ext~,~s~on The proposed zoning is NCR-2 Again, 2 units an acre zoning at a major Interstate Highway interchange adijacent to an existing truck stop, does not make any senselat all I am requesting a change from "middle of nowhere" zoning to RCC-D zoning 6 ) SE CORNER OF JIM CHRISTAL & MASCH BRANCH RCAD$ - ~120 Acres) This property adjacent to the Denton Municipal Adrport ~vas previously zoned industrial and is proposed for IC-G zoning This zoning is acceptable to me, however I am concerned about the Enwronmentally Sensrhve Areas located on th~s tract Since more than half of ~s property (about 60 acres) Is designated ESA, I feel th~s property is being "confiscated" by the CRy wrth~t just compensation Because of the This fax was sent from Wol+Med Please conta~ us a~ (gz.o) 484-7000 for questions From From Dr Ed wolsk~ To Douglas S Powell Page 5/5 Date 12/4101 10 50 42 AM industnal nature of this property, I will be unable to Increase density on the remamc~er, thus resulting in "de facto confiscation' I am appealing to you to provide me some rebel from th~s situatmn Perhaps you could provide for some form of rights transferabllrty for this ESA to other properties that I own In closing, I thank you for your consideration of the concerns I have expressed I would appreciate any assistance you can provide in addressing these problems to reach a fair resolution Yours truly, Ed Wolski MD This fax was sent from Wol+Med Please contact us ~. (940) 484-7000 for questions 12/04/01 09 $1 ~9940349~235 CITY OF D~I'O~ [~0Ol 12/03/01 ~[ON ~? 33 FA~ ~14 745 $S64 ~{$&~ DALLAS FLOC~R 54 I~0ol du-cc! ~ 214 745 5149 F~ CO~R S~ET 178 9999~-12~ ~ ~~o. i co~ ] ~.o~o ~o. DOUG PO~L C~ OF D~oN 940 349~S0 ~ 940 349.8236 ~MESSAGE: T~mberglen Company / Oa~ont ~oM JASON C. ~LL P~O~ NO 214 745~149 DA r~' DKCEMBKR 3, 2001 TI~ ~: NO. OF PAGES 2 INCL~ING CO~R S~ET ~c mdivxdu~l or m~ a~od abow If ~e ~ of ~ mcs~ ~ ~t ~ ~d~ t~ ot ~e ~loy~ or ag~t c~tblc m dchv~ xtm ~c m~dcd ~p~t, you ~c ~by no~ ~ ~y ~oc ~b~on or copra8 of~is coercion ~s a~fly~h~b~d If~u ~ ~ ~x m ~r pl~ i~*a,~y ~ ~ by telephone and ~m &e ~eal m~a&e ~o ~ at ~c ad~s ~l~v ~a ~e U S e~l Se~ O~G~AL ~L NOT FOLLOW 12/04/01 09 32 ~'99403498236 CIT~ OF DF, NTON ~00l 12/0~/01 M0N 17 34 FAX 214 745 g864 WS&~ DALLAS FLOOR $4 STEAD Dcccrabcr 3, 2001 da'oct daal 214 745 5149 jmatshal~wms~ead corn Via Fax 940,349 8236 Mr Doug Powell D~r~tor of Planning ~d D~velopm~n~ Ct~ of Denton 215 E~t Mc~cy D~nton, Texas 76201 Re T~mber~en Comply / Rezonmg of Pl~ed D~vclopment Dlsmct Nos 111 ~d 12 ~o NCR-4, ~-3 ~d RCK-I Dear Mr powcU Oar chen~, r~rencad ~ove, h~ re~tv~ ~o~ce ~om ~e Ct~ of D~ton t~t th~ ~ove- descnb~ prope~ may be ~zoned ~ p~ of ~ new development code ~u~ to o~ dtacuaa~ons w~th the CIW A~om~y's O~, we have been info.ed ~at the Ctty ~11 allow ex~s~ng pl~ned d~wlopmea~ to ~on~u~ wt~out zoning chugs, upon ~ueat of ~e p~p~ owner to allow such conanued developmen~ By ~ts le~r we ~e aahng ~t ~e Ct~ of Denton allow ~e a~ve~e~b~ plann~ deve]opm~t to ~n~nue un~r lxs c~e~t re~la~ons ~d concept pl~, ~d ~at ~e pro~ not be rezon~d ~ propos~ by ~e C~ty We are requesting ~a~ a continu~ of ~h~a pl~ development be ~o~ ~n ~he ~w ~vel~ment co6e Thank you for your a~ennon ~o thh ma~ Plebe feel ~e to call ~f you ~ve ~y queitt~i Smce~ly, ICM/ns cc Arthur J Anderson (of the ~'trm) Mr Joe Sulhvan 12/04/01 09 32 ~'99403498236 CITY OF DENTON ~003 12/O5~01 ~ON 17 52 F~X 21~ 74S $864 W$&M DALL/~S FLOOR $4 ~00! chrect cha! 214745 F COVER SHEET Crr¥ 0v DENTON ~MESSAGE: Pulte / F~to~ J~o~ C. ~L PHo~ No: 214 745.$149 D~TE DECgMa~ ~, 2001 NO OF PAGES ~ ~G COVER S~ET. ~ indsvid~ ot m~ n~ ~ If ~ ~ of O~G~AL ~L NOT FOLLOW 12/04/0! 09 33 ~99403498235 CITI OF ~E~I~IIN ~1004 12/03L0! WON 17 32 FAX 2~4 745 5664 WSr~l( DALLAS FLOOR 54 1~1oo2 WiNSTEAD December 3, 2001 dtre~ d~l 214 '/45 -~149 .tmarshall~vnn~--~a.~om Vl~ F~ 940 349 ~ Doug Powell D~re~or of Plums ~d Development C~ty of D~ton 215 ~st Mc~y Denro~ Texas 76201 ~ ~m Hom~ Co~ Te~ / Propos~ R~om~ of PD ! 11 to Dc~ ~ Pow~ll, ~ chont, r~forcnced a~ve, ~s rece~v~ non~ ~ ~e Cl~ of D~ton that ~e ~s~b~ prop~ may b~ ~zon~ ~ p~ of ~e new ~velo~ent ~do ~su~r ~o dtscussio~ ~ ~e Ct~ A~omeyz ~ce, we haw b~ ~o~ed that ~c Ci~ ~H ~low ~xlst~$ ~)snngd developmen~ ~o c~n~nue without ~g ~ge, upon request of tho propo~ o~ to ~ow s~h ~n~uod dcvelo~t By ~s le~er we ~e ~kmg that ~c CtW of D~n ~o~ ~e abovc-des~b~d pl~cd dewlopment m contmu~ ~ x~ ~ ~gula~ons ~d ;o~pt pl~ ~d that the propo~ not be rezoned ~ proposed by thc CIW We are requesnng ~t a con~u~ce of ~s planed development be no~ m ~e new developmen~ code ~ you for your a~tion to t~s manet Pl~e f~cl ~c ~o call ~f you have qu~tto~ Smc~ty, SCM/ns Arthur $ Aaderson (of the Mr. foe Sullivan CENTER POINT MOBILE HOME COMMUNITY 2212-163 FORT WORTH DRIVE DENTON, TEYe. AS 7620~ 940/387-9914 November 3, 2001 Mr Douglas Powell C~ty Hall~Weat-221 N Elm Denton, Texas 76201 Dear Mr Powell Thank you for your response to my expressed concern ~md for bringing me a revised copy of th.e proposed code Section 35 10 5.2 "Appheation for license" Since you were present at the Fort Worth Neighborhood Assoclahon meetmg held on Thursday, November 1, 2001, you are aware that several members requested changes to the proposed zoning map, which vnll accommodate their needs As I discussed with you then, it is also my desire to change my property zunmg (see attached zoning map) from EC-C that does not permit Manufacturing Housing to NCR-6 that permits it under SUP As you know, on August 7, 2001, C~ty Councils approved a SUP Z-01-0016 for Center Point MHC which corrected the confusion of the prior SUP//164 issued in May 1983 Your opmwn is appreciated that it is more beneficial fcr my property to be zoned EC-C rather than NCR-6 I respectftflly dlsegree that such zoning will devaluate the proper~y (see attached zonmg map) At the meeting, we also discussed the poss~bdi~y of elmamatmg the hcensmg reqmrement for Manufactunng Housmg commtunt~os smce hcensmg ~s not reqmred for apartment braidings m this clty You then stated that the mare purpose of hcensmg is to prowde the city vnth the names and addresses of the owner and manager There is no doubt that thls mformat~un could be easily end willingly provided at the aty request Thank you for your special attention to this matter S~ncerely, Rene CaS,sar CC/Mayor E Brock and all City Councils Attachment related zonmg map D~cvla.O~ CODE INFO~k~&TION RI~Q~o ~o,*T PL]~'E P~ ~ ~Po~o~ D~te Pa~ck O~oole ~ ~& Co, Rea~tom, Inc ~aar~, 2611 CedarSpdngs, ~00 T~ (214) 2~0~ o~ Dallas s~ ~ ~ 75201 95 6 ~ ~ ~de ~ ~nle B~, ~ ~ ~ and IH~5 ske / Pro~c~ Ad~s We mspe~ully request that the C~ Council re.ns;der the ~mm~dat~on of the Planmng and Zomng Commission for the RD-5 zoning d~stnct on ~e a~ve referenced s~te Th~s 95 acres was onginally pa~ of a 188 acre ~a~ We ~;d ~e ~uthem half of th~s s~te in order for ~ to develop as s;ngle family res~den~l, ~m~i;~ to what we envisioned for the enbm 188 acres at one time We sb;l desire for ~ e~re ama to be developed as s;ngle family ms;dentrol, however, ~ere are now ~ p~pe~ owne~ ;nstead of one When we sold the southern ha~ of ~e s~te, we ginned the proper ubhW easements on the above mferen~d s~e for utilizes ~ ~ e~nded to the southern half for ~ts development We learned the P&Z recommended that our s~te be rezoned to R~5 b~ [e~ the NR~ zoning proposed for the southern half of the original site ~;s has ~used great con~m as our site was onginaliy brought to the Commission as a h~gher dens~ res;denflal zomng It ;s our understanding that ~e Planning an~ ~n;~; Commission recommended that ~ be R~5 bemuse they thought th;s ~e had ~nfrastmcture access~bili~ issues w~th ~ The C~'s adopted Uob~l~ Plan ~en~s a four (4) lane d~wded road that will be conne~Jng 1-35 to 377 In addfl~on, as ~t~ in the above paragraph, water and sewer will be e~ended through our s~te ~n o~e~ to ~et the utfl~t;es to the sfle to the south Agmn, this has already been ach~ev~ ~ fi~ easement documen~ w~h the Coun~ Therefore, th~s s~e does not have any ~s~ure ;ssues associated w~h ~ that would wa~nt a more r~nct~ve zoning ~t~o~ ~an the s~te ~mmedmtely to our south, which has a recommended zoning of Thank you for your time and ~ns;demt~on of our ~uest to the NCR~ d~stnct on our s~e TOTHL P OZ ,/OEOROE 19 K~qNE~HIRO HONOLULU PHI31~ ND 81~8+834 4477 Ho,, 27 21~31 10.07RI9 P1 GEORGE M. KANESHIRO --14~ Ale Puumalu'Stmet * Honolulu, Hewafl ,~6~.i8-1541 · Phone (808) 834 ~s8 - Fax (808) ~ 4~77 Norther 27, ZOO1 Mr. Doug Powell, AIC~ Via FAX to 940-349-7707 Director- Pl~_p~mg and Development C~cy af Denton Total of~ pa~es Ph. 940-349-8350 ~ Your letter dated 11/19/01 re: Denton Development Code ~,e~onin~ Of Planned Development INstrtcts 3901 Morse St., Denton, Texas Golden Trian~e Industrial park PH $, Bloclc 1, Loc 2D Aloha! Enclosed herewith are the following. I A copy of your letter dated 11/19/01 referenced herein above. l~xlubit 'A' - Page I)-27 from a~ appraisal repor~ 3 Bxhibit 'B' - Zon/n8 map from an appraisal report Based on Exhibit A & B, her~ln enclosed, it is our understanding that our properw located at 3901 Morse Street is currently zoned 'LI' (Hsht Indus .t~tal Dis ~t~i_ct..) Your letter of,11/19/01 indicated h'~a[ 3901 Morse Street is currenuy zonea and will be rezoned 1~C-1. I would apprecmte receivIn8 a clariflcaxion on the above matter, after your ofl~ce verifies whefl~er the current zonins iS 'PD-41" or 'LI~ If current zoning is what would be the new zo"tng designation? Should you have any questions, please contact me at (Fax 80B-83ar'4477) or (voice 808-834-4466). Aloha & Mahalo, George M. I~neshiro enclosures ~OI:L:'t~ Fi. KI.~ECj~iIRO ~ULU PHI]HE HO E~D+FJ34 4477 Hov, :'7 2001 :].0 07~'1 P2_ ~'~'i ~1. ELM STREET DENTON. TEXAS o (940.~ 349.,83~0 · FAX ig40) 349-7707 PLANNING & DEVELOPMENT DEPARTMENT November 19, 2001 K, AN]~SHIR. O, GEORGEMTR "~/4 -~ t/5/~Oa/< // Z*7' 2.2) 1459 ALA PULrlV~LU ST HONOLULI2 HI 961118-1 $41 Re. Denton Development Code Rezovfng of Planned Development Districts The City of' Denton is m the l~cess of adopting a new development code which will replace the current zoning and subdlvtston regulations All properly vathm the Ctty of Denton vail be rezoned as part of' thts process Tlus letter is to not~ you that your property cur~ntly zoned as PD 41 will be rezoned as part of this process Yom pzoperty vail be de,lEarned as EC-I Enclosed ~vith this letter is a page with a qmck reference guide to the new zom~g chstncts Detmled descnptlons and maps of the new zomng classlficanons may be found on the City of Derlton webslte WWW.Cltvofdenton corn/code and W',lffA'.denlollmavs coin or m the offices of the City of Denton Planning and Developmenl Department located in City Hall West, 221 lq Elm, Denton, Texas We would be happy to discuss the~e changes regarding your zoning wtth you You are mv~r~i to attend a lomt public hearing of the C~ty et Denton City Council and the C~ty of Demon Plalmmg and Zoning Comnusston regarding the Denton Development Code The meeting vail be held on Tuesday, December 4, 2001 at 6 00pm in thc City Council Chambers located at 215 If/. Mclilnne~ m Denton. If you have ques~ons regarding this notice, please contact the City of Denton Planm~g and Development Dep&rtment at (940) 349-8350 Doug Pow¢IL .P~ICP Ehmctor- Plar~,~g and Development GEORO~ M. I~qNESHIRO HONOLULU PH~I~ I~0 8~]B+~4 4477 Jt~ 27 ~)1~1~1 18'1~I~P/4 ~ ZONING AND P..~TRICTIONS Thc subJeCt prolite' el~m~l sub~uon, rite ~u~, ~-s~ ~, ~h~e business o~, ~lf ~on, c~ w~h, auto ~nnn~ ~ r~, ~ ~on, re~ sto~s con~mn$ 4,~ ~d h~vy ~chine~ ~d (~lb~ r~uimmcn~ Mmzmum ~zmum R~ Y~ I0 f~ ff~j~nt m smgle-~nuly ~l~mum ~e subj~ ~p~em~U ~n~n a~n~y 112 ~ m~ ~ng ~ floni ~e n~h ~udt, ~d ~t s[d~ of~e tmp~ A~mg ~ ~e p~t~sly menUon~ ~ing ordm~ In addition, ~e s~j~t im~en~ ~' m ~t d~e fem~mng ~ui~ts u~ ~ ~nmg r~ctmn h~t thc of the r~dons D-~7 K.~GEOR~ M K~'SHIRO HONOLULU PHONE NO ' ~8+8~4 4477 Hov ~ ~-~01 lO ~8k~1 P4 ZONING MAP Steph,en ~00k- C,~ of~ ~nt~on ~ij~ ~.:nCerns.::. :. ',::::~ ~ Page 1 From Stephen Cook To RGga~l@aol corn Subject C~ty of Denton Website Concerns Mr Galliard, Thank you for your ~nterast in the proposed Development Code As you have read the Denton Plan, you know that document was adopted in December 1999 The new Development Code which replaces our outdated zoning and subdivision regulations w~ll have a pubhc heanng on December 4th w~th the C~ty Council and Planning and Zomng Commission I am sorry about the dentonmaps corn s~te g~ving you a "server busy" response That particular webs~te ~s hosted threugh a joint venture through the North Central Texas Council of Governments It was designed to be as a supplement to our ~nformation resources I'm not the webmaster of that s~te, but I suspect that has had more traffic than normal which caused the server to send out that message Draft zoning maps are located ~n both pubhc libraries, C~ty Hall at 215 East McK~nney, C~ty Hall East at 601 E H~ckory and within our offices at 221 N Elm ~n C~ty Hall West We w~ll attempt to rectify the server problems, but I encourage you to come and look at one of our maps ~f you have further problems Thank you again for your inquiry Stephen A Cook, AICP Planner II C~ty of Denton Planmng and Development Department 221 N Elm Denton TX 76201 sacook~citvofdenton,com (940) 349-8356 <Attached~ message follows> I found the maps regarding ra-zon~ng m Denton worse than useless I've READ the Denton Plan What I'd hke to see are the proposed REZONINGS If ~t's on your webs~te someplace, then you need help ~n the design of the s~te and the usage,d~rechons And then just as I THOUGHT I had something, I got a window telhng me the server was busy Surpnsel A lack of response from the city Yours truly, Richard Galliard, 1208 Oak Valley, Denton, 76209 (940) 382~6107 CC Shelley Shay stephen Cook-Rez0ne!~g ~0!,.~i~ca~t)~n, .... Page 1 I From <RGgail@aol com> To <webmaster@cltyofdenton com> Date Saturday, November 24, 2001 4 35PM Subject Rezoneing notificabon Having fa~led yesterday to find any ~nformation on the ~ndmated webs~te, I tried again today Not only do the web commands not function, but the only response I get ~s "server busy" Of COURSE, the server is busy D~dn't you people planjon this before you ma~led out the notices? Being unable to achieve anything productive through the c~ty website, I went to the pubhc hbrary to find the informabon I wanted Surpnse agaml The hbrary ~s closed for the hohdays Does it strike anyone as strange that you would close the library on the very days when the pubhc would have the most bme available to use it? R~chard Galliard DEC-03-2001 15.37 TRUSTED ~J~UICE ~72 ~31 11~ P ~2 WEA;THERFORD CO. CO.V~ER¢IAL RL4,L ESl'ArE Decembe~ 3, 2001 Larry Rtkart City 0fDenton 221 H. Elm D~nton, Texas '/6201 RE Neaghbofoood Center lVhxed-Use As I undexstand, thc above zomng claasfficatton vail have a hm~t as to thc size ofn grocery store 'to 40,000 sq it If there is a way to increase that to 55,000 - 60 000 sq ft there,will be mmiy more choices of grocery store~ available Very f~w grocery stores bmld a 40,000 sq fi store I would urge the Council to constder gus lO]ease call me xf you have any questions Sincerely, PLANNING & DEVELOPMENT 4005 Umvcrmty Blvd - Dallas · Texas 75205 o Telephone 214 521 701 i - Fax 214 528 5016 · Mobile 214 728 128 TOTRL P ~ 12/03/0! 08 $3 '~'940 898 $604 DE~TTO~ SHERIFF Office of th~ty Sheriff Captain R. L"Bob" Powell Ad~v~tnt-qtratlon / Specialt~ Units A R Date: December 3, 2001 To: Douglas S. Powell, AICP 940/349-7707 From: Captain R. L. "Bob" Powell, Admimstration/Specialty Umt~ Attached 2 page request from Mr, Robert Pruett This request was sent to me at the S.O. It appears to be more in your bailiwick. You should receive 3 page(s) including ~hl~ cover sheet. If you do not receive ~ pages, please call me at 940-898-5622 11~/03/0! o8 153 ~'940 898 gt'104 DFa'qTol~ SHERIFF [~oo2 2001 C,.,.,...ml~ii~' BOb W~ow 7~01 a~ ~ :s NCR 6 2114'~o,'1h ]r~lra Trail ~ Texas 76~01 940~0 9132 05xl~ '00 O0 ~ ID'L~NIE~PY~500 F~>< F'~E PETER C. KERN I 1636 St. Johns Road Pilot Point, TX 76258 December 3, 2001 Doug Pow¢ll, AICP DIreclor Planning and Development C~ty Hull 221 N Elm Street Denton. Texas 76201 Seflt Via Facsimile (940) 349-7707 Re- Denton Development Code Rezoning of Planned Development Dlswicrs Dear Mr I)owell I h~n lett~ is to notdy you of my p~otc~t to th~ pmpos~/onmg change fbr my propo~y ~3~6) ~u~entlv/~ned ~ PD I w~th a~roposed chan~c to CM-G. After a ~v~ew of your webstte, www clWOfdonton gem/code, and Propos~ Zomng D~stncts D~nton Development Cod~, I ~ m agreement that to help promote the lutul~ el'thc Clly oI Dc~lton a zoning ch,mgc ts nccdcd However, w~th thc cuncnt dev~lopmenh ~unoundmg my plol~xy [ beheve Ihe Code NRMU would be a ~ttcr cholee ~lis would allo~ a structure thai would prosaic and protect the ex~stmg n~lghbo~ood by pmwd~ng a m~x to he compatible with the ~hoppmg center residential neighborhood and ~c a~tstcd hying lacdlttc~ that su~ound my pmpcRy Your consideration of NRMU Zoning Code ~s appreciated Thank you for the invllatlon to altered the.total pubhc hcanng on Tuesday, December 4, 2001 at 6 00pm I or a repr¢~entaUve thereof, will he there I may be ~.onta~,ted at (940) 680-6070 PLANNING & DEVELOPMENT Development Depm~ment D~ S~r or Madam lamverycon~emedabomlh~propos~drezoni~ofmyproperty I own99acres a~ The Southeas~ quadran~ ofLoop 2~$ & M~Kmney Str~. Wh~nl purchased this property ~t was zoned for mul~o~lY d~'vclop _w~_ _ r In fa~ ii ts currenily under contra~; to a mul~f~,-..~y d~v~lop~r. As/t appears that the proposed zo~g of CA~A~ do~s not allow mul~e~mfly uses, I am wonled tha~ I wB1 lose fl~s sale along with d~ousands of dollars in alc~rrexi expenses (survcy~ env~o,~ental stu&es, etc ) along with potenttal habilay to lhe pal~y wh~.h has it under conua~ who has also recurred large expenses I do not objec! lll pri~lplz to ~ new zoning, only that i~ cx¢~d~ ~'s ~he use for w~'~lh I put, hazel The property and for which I have paid p~operty taxes on for 10 years If my ex~s~m$ m~lti~family us~ is preserved, however, I would have no obJe. chon ~o the CM-(~ (972) 691-1116 L~I DEC o 3 2OOl 1~.~ 3LANNING & DEVELOPMENT LAKEVIEW RANCH TERRA/BAIN INC December 3, 2001 D~rector of Plaunmg DEC 0 ,':l ~00~ C~ty of Denton Ctty Hall West 221 N Elm PLANNiNll & DEVELOPMENT Denton, Texas 76201 Re Lakcvie~s Ranch Remapmg Dear Doug Thank you for yotlr time in going over the proposed changes to the zomng on Lakeview Ranch As ,ne d~scussed, we are stffi wodang vath the school dismct on an elementary school site w~ttun _l akesaew Ranch We showed them sites B & C as shown on the attached maps Site B is an 8 acre tract w~th qmte a bit oftopo, however it is not large enough Site C is a pretty site bounded by Cooper Creek, agmn the 12 acre site, only about 8-10 are usable, is not large enough The) are now focused on site A as shown on the map Tlus site vall front on Lakeview Blvd to the west and our spin road to the east Across the street to the east we plan part of our open space and trails The tope is flat compared to some of the land in the area and appears to be more statable for a school The D I S D consultant is now studying the site for the d~stnct I have attached a copy of that part of the proposed zomng map Area A is planned for NCR-12 and appears to be 20 acres On the other hand, sites B & C consisting ofapproxtmately 8-10 acres are planned to be NCR-4 It appears that the NCR-12 is planned around the NCMU along Lake,new Blvd By way of flus letter we are requesting that the map be changed moving the NCR-12'to sites B & C and replacing it vnth NCR-4 This vail be a net zero change but vail allow us to g~ve the school the better site A letter bom the D I S D supporting tl~s request is forthcoming If you hame any questions please call me at 817-540-3993 Again, thank you for you help Terra/Bain, Inc. ** 2740 Ful~r Wiser Rd. * Eules~ Texas * 76039 * 817-540-3993 * Fax 817-540-5422 ** Martin-New Zoning 11/30/2001 Page 1 Robertson R27468 NRMU & Street 1 of 3 NR-3 Robertson R27497 Street 2 of 3 Robertson R 27779 Street 3 of 3 R30446 DC-G 35E Hilltop R 36443 Bandera & 1-35 R34525 RCC-D Martin- New Zoning 11/3012001 Page 2 5ernard R34088 CM-G I35E Carroll 619 & R28379 NR-3 623 Cra'roll 702 R28379 NR-3 Carroll 706 R28407 NR-3 Martin- New Zoning 11/30/2001 Page 3 11 Colher St 1001 P,34741 )C-G 12921&923C°lher St I P-,34732 DC-G~~ ! Eagle Dr R36410 DC-G Ft Worth Dr 419 P,36288 EC-C Ma~ia- New Zoning 11/~0/2001 P~e 4 Ft Worth Dr ] C ~ DC-(} M¢Co,,-,-uck & 13:5 R35291 O NRM-L:12 lof2 1502 Greenlee McCorrmck & I35 R35348 O NRMU-12 2of2 1201 NI35 Myrtle 805 1133472 C DC-G Martin -- New Zo~*-~ 11/30/2001 Page $ 20 F,TLo~ust 2319 R34220 l~I-R.-3 21 St621 R30451 22 S~lm 621 K26895 23 712 R145533 DC-G University East NCMU 2912 Martin-'New Zoning 11/30/2001 Page 6 25 Umverslty CM-G West 1911 Umvers~ty CM-(} West 400 W R34325 DR-2 Sycamore lof3 R34366 Sycamore 2of3 R34368 DR-2 Sycamore 3of3 Martin - New Zoning 11/30/2001 Page 7 D£NTON PROPERTI ES LOCATION IPROP ID *DENTON-ROBERT$1)N STREET (1 OF 3) 'R 27468 ~ ZB 6-E-~-O~J--~5'E (Hllltop)(~"~-2)' - ~P~36445 : S&G DENTON-EAGLE ~ ........... WORTH DR 419 ~6288 6~ON: MC CO,HICK A 6~IT~:MY~T["~ 805 R 35472 Z6 DENTON-S ELH 712 R 14553~ ZB DENTON- UNIVERSITY WEST 19 DE~TO[J~YCAHORE (S~vetG~rg) ~1 of S) R ~4~5~ ~&~-_~. ;CD~NTO~ZJARE~STREET (2~2) .... -R 5469~ Z6 Company' Add~ess Tel CO~E~ Please ~e~ a~ fo~s to. Development Co~e ~1 H E~ Den~n~ Tel..~.~F~x COMMENT Ple~e ~ ~ fo~s to' Development ~de ~1 N. E~ Denton, ~ 76~1 ' ~ ~ ~ DEC 0 3 ZOO1 COM~ Pleas~_temm ?ll~ forms to. Developm?t Code 221 N. Elm Denton~ TX 76201 PI'-~-ASE PRINT ALl COMME~ Please ~e~ ~ fo~s to D~elopment Code ~ N. E~ Denton, ~ 76201 2201 and 2205 N Bonme Brae South of Cathohe Church Proposed map shows NR3 for 18 -+- acre tract which we believe is an error as it lsthe only parcel v~th 3 umts per acre We are requestmg NCR 12 which is proposed to ~ south on Rayzor Property which adjoins it on the south Currently zero lot line and the Catholic Church border on the north To smgle out th~s property for less than surrounding property down grades Its use It as asking us to furnish the neighbors who have small lots w~th a neighborhood of large single-family lots In addmon another street ~s being designated across our small parcel further encroachmg upon its tunefulness. We beheve this has been created ~n error and ask to have the NCR12 deslgnalaon as our neighbor has. DEC 0 3 2001 PLANNING & DEVELOPP_:NT SITE CO~E~ Please ~ ~ fo~s to D~elopm~t Code ~1 N E~ Denton, ~ 7~1 . s / Site / Project Add.ssl (Loc. silo '~ Pzolect Name COMMENT Pl~se ~ei~m all fom~s to Development Code 221 N Elm Denton~ TX 76201 Add~ess Fax. EmaiL P~o~ect Name COMMENT Please return all forms to. Development Co~le ~ N Elm Denton~ TX 76201 ~Ec-n]-01 17 a? From'G~,RDEI~ +Zl49994906 T-Gl? P ZZ/DZ Jol~-GS4 D~ar Ma)or Bro~k and C~ty Council M~mb~ In the earhor proposals of the Denton Development Code, NCR-I zomng was demgnated for ulldcvcloped acreage (currelltly tk~rleillttiral) on the l'4or/hwest comer of I-h~hway 32/I _1%,~ and Tnmty Road Dunng file review process a~ld previous heanngs, the owner of that propcrty requested a BICR-I 2 In lvlalch 2001, Ihe neighborhood did not feel this designlmon was appropriate for th~s acreage since surrolmchng acrcal/c m~d residences were to be classified as NCI~-2 A petition was signed by 48 persons, their opinion has not cl~ged NCR.-2, or somc~huT8 else less dense than HCR-12, such as NCR-4 or NCR-6 should be the proper zomn8 for this area It seems vow strange tha~ lqCR-12 for mulTi-family would be dropped m the middle o f lqCl:~,-2 r~,,ndentlal zoning Please r¢con~dcr thc zonlng ior th~s undeveloped acreage O'u anothcr matter, n appears there will bca reduction m ~he rczonmg rcwew cases heard by P&Z Commission and City Councg This does not seem to bca democratic process for 5u~ff to be malang these type of dec~sions wghout input from the c~lzens and rcvmwed by P~r.Z Conumss~on and the C~ty Council I-Iow do we continue "govcrnmcrit by thc people" whcll "thc people" have no voice Although the Staff may be competem individuals, they canno~ be aware of all the problems alld features of a particular neitIhborhood when ti comes up for rezon~-t Many hines Staffhas b~en enlightened by thc r~idents of a particular neighborhood I am not against business in Denton or future developments, however, futur~ dcvelopments.ln Dcnt~n need to be for the ~ood of the ozite, ms ~lr~ady residing In tho C~ty of D~nton, and therefor~ l/Icy should also have a voice in the process Many t~mes the c~nzcns have felt fi,at City Government has ranuned things down their throats, flus perc~ption vail cc~xamly bc more readily felt without cll~en pa~iclpatum Kay M Wtli~-,on 1825 North Tnmty Road Denton, Texas 76208 CHAMBER OF COMMERCE~ November 26, 2001 Mr Carl Williams 2116 Burmng Tree Lane Denton, Texas 76201 Dear Carl We commend the Planning & Zoning Commission for its continued dedication to the development of a long-term plan to effectively manage and direct local growth We especially appreciate the ~nvolvement of our sub-committee from the Denton Chamber of Commerce, which was duly authorized by the board of directors to seek clarification and make recommendations on behalf of all citizens of Denton The members of our sub-committee have been meetmg weekly with the City Plann)ng Department staff since August 2000, and we feel that the exchange of ~nformatlon and recommendations has been mutually beneficial for the community This has evolved ~nto a collaborative process, bringing d)verse expertise and experience together Based on the mntent of the document, and good faith d)scusslons, we endorse the DentOn Development Code as proposed Because of the complexity, and far-reaching scope of th~s document, it will impa~t ex~st)ng and future land use in many different ways Although we were able to reach consensus on the majority of issues ~dent~fied, our endorsement of the Denton Development Code does not necessarily represent the unammous agreement of every individual chamber member on each and every item The chamber board, however, has resolved to make the Development Code Review Sub-Committee a full, standing committee during the Chamber Year beg~nmng April ,1, 2002, w~th the ~ntent of continuing to work w~th City staff to help identify and solve unanticipated issues as the pohcles of this code are )mplemented Respectfully, (~ Ellen, M Painter rvlarty R~vers, Chair Cha~¢ of the Board Development Code Rewew Sub-Committee 414PARKWAY ° PO DRAWER P * DENTON, TEXAS76202-1719 · (940) 382-9693 DEVELOPMENT CODE INFORMATION REQUEST DATE November 4, 2001 MY NAME DALTON ALLEN RESIDENCE ADDRESS 111 LEXINGTON LANE, DENTON, TX 76205 PROPERTY ADDRESS {SITE), 722 WEST OAK STREET, DENTON, TX 76201 SUBJECT . MODIFICATION TO THE PROPOSED ZONING The property site at 722 W Oak Street ~s a wonderful hlstoncal building w~th a stamped copper ce~hng, s~x fireplaces mostly ongmal intenor door handles and much moro This fac~hty has been used as a pnvata school and preschool facility for over twenty years Groat Cato has been taken to maintain the buildings original h~storical appearance and functionality The proposed zon;ng of NR - 3 ~s especially restnct~ve s~nce many of the lots around the s~ta are e~ther apartments or professional offices currently This location especially lends ~tself to a better use than requmng all surrounding lots to strictly be s~ngle-fam;ly residences Th~s area appears to fit perfectly as part of the "Downtown University Core" which would allow DR-2 zoning Thero does not appear to be a vahd roason to support this area being zoned NR-3, except that a pnor c~ty council member hves inside the subject zomng area and was able to cut out an aroa ;n the 1999 Comprehensive Plan around h;s property and estabhsh ~t as resident;al even though the remainder of the area on each s;de ~s "Downtown Univers~ty Core" The current zoning ~s mult;fam~ly, but the use of the subJect property as stnctly a mult~famlly fac~hty would require me to convert it into a four-plax (easily done and unseen from the outside), or use ~t as a rooming house for college students The three rental units ;n the back could stand-alone as rental umts also The property would support rune to ten students (and fnends?) w~th sufficient off street parking It would also create a serious disruption ~n the ne;ghborhood with much moro traffic and an ~nappropnate use of a wonderful facihty Th~s ~s not the best use for th~s fac;hty Under current zomng regulabons ~t would be s~mple to obtain a zoning change to offices or even certain rota~l uses wh~le ma~nta~mng the nght to use the buildings in back for rental ~ncome I am asking for nothing less It seems unreasonable to require me to go through a zoning change after the fact when the most reasonable and best use for that location is as I have indicated The c~ty ;s changing the zoning on th~s parcel I respectively request that it be changed to something that w~ll be compatible w~th and conducive to the surrounding area, that can also be used as a residence ~f someone w~shes to The school has moved It ~s currently being used as mult~ family housing on a very small scale pending resolu~on of this request Please consider eatabllshing the zoning of DR -2 or DC - G ff the comprehensive plan can be changed to allow this zoning, or NRMU.12 which will easily fit Into the neighborhood concept ff you determine to leave the plan alone I w~ll be happy to d~scuss ~n moro detail this request at any t~me Please adwse me of your dec;s~on My phone number ~f needed ~s 940-382-7669, thank you for your consideration Sincerely, Dalton E Allen City of Denton Maps Page 1 of I ' [ lnteractive Maps Map Results Cllokingonmapwlll (~ Recentar (~ Recenter&Zoomln ('~ MovelAddPolnt (~ Querya Parcel Add to the MaD r'~ January 2000 Aerial Photoe r'~ P~rcele ~ Map Legend r~ Zoning (ylew legend) ~ city Bounder~ (~/ 8hedad ~ Outline ~ A.eflats FutureZonlng (DRAFT) ~-~ Rlflirceda [~ (view legend PDF) · ,. City Etj [] Building Footprints J-Ia Polnte of Interest [] Water Llnel F'~ Sewer Lines Floodplains Habitats Oo To A Point o! 722 W OAK BT ALLEN CHARLOTTE F 111 LEXINGTON LN 111 LEXINGTON LN Owner City & State - DENTON TX Ow~erZip 76205 5473 8ubdiv!~len Name Class MF-I Case No H6 Total Tax Appraleel - $158 846 ;urrent Zoning MF 1 =uture Zoning IDRAFT} NR.3 (~Jtv of Denton Home Paae [ C~ofDentonP~annine&Develo=ment DISCLAtMER This dats has been oomplled for the City of Denton Various effi~iel snd unoflloial sources were used to gether this information Ever/effort w~e made to eneure the ecaJm~'/of thi~ date however, no guarantee is given or Implied es to the eceuraoy of said date A~ ~..ommunlty powered by dfwma~s.com NumdarofMap~¢rsstsdBInce De~ember21 2000 100982 http//www dentonmaps com/scnpts/esnmap dll?name=Denton&Left=2383839 80561244 12/4/2001 C~ty of Denton Maps Page Iot I ' lnteractive Maps Map Results Cllcklngonmapwill (" Re(enter (" Recenter&Zoomln (" Move/AddPoint (~ Query a Parcel {i~11tOI1 Add to the ~ -- ~-r'~ JanuarYParcets r-'"12000 Aerial Photos Map Legend [-- Zoning (v~ew lecjend) ~, C~y Boundar~ ~ Shaded ~' Outline w Freeways ArSenals Future Zoning (DRAFT) Railroads ~' (vmw legend PDF) . C~ EtJ r- Building Footprints [-- Polnta of Interest r- Water Lines g r- Sewer Lines -- [-- Lakes r'- Streams [-- Floodplains F- Habitats ~ Update Map I {3o To A Point of Interest [Select From the List Below ~ Selected Parcel Informatmn ~ ~ Address 722 W OAK ST Owner ALLEN CHARLOTTE F Owner City & State DENTON TX Owner Zip 762055473 Subdivision Name Class MF 1 Case No H6 Total Tax Appraisal $159946 Current Zoning MF 1 Future Zoning IDRAFT) NR-3 C~ty o~[_De_nton Home Paj~e j C~ty ofDenton Planmng & Development DISCLAIMER This data has been compiled for the City of Denton Various officml and unofficial sources were used to gather tths information Every effort waa made to ensure the accuracy of this data however no guarantee ~s given or ~mphed as to tha accuracy of said data An/Community powered by c~fvvrnaps corn NumberofMapaCreatedSince December21 2000 100972 ht[p//www dentonmaps com/scnpts/esnmap dllgname=Denton&Left=2383839 80561244 12/4/2001 President B,II Allen December 4, 2001 V~ce President Glenn Carlton R D Uart~n '--' ~)'C'I*- of Denton Secretary 215 East McKlnney Carl Anderson Treasurer Denton, Texas 76201 Harry Hall D~rectors Lloyd Ballard The Board of Directors of the North Texas State Fair Association Robert Bell respectfully asks that the Comprehensive Land Use Plan be amended Mlckle Blagg allowing our 21 acre site to be included in Community Mixed Use Jerry Cobb Mark Foster Centers category and be zoned CM-G City planning staff advises us Fred Harper that we could operate legally with this zoning and a SUP rather than be Dale Irw,n non-conforming as we are now Apparently this is the only feasible wayne Johnson zoning class that would accomplish this Jeff Krueger Troy LaGrone We feel that the inclusion of our property into the Community Mixed Walden Lucas Use Centers land use is consistent with the Comprehensive Land Use Dale McKmght James Redan Plan Our eleven acre tract of land to the north, which is proposed as Scott Richter NRMU-12, provides a buffer for the residential property in that area Ex Off,cra D~rectors K~rk Wilson Thank you for your attentiveness and consideration County Judge Michael Jez /~ C~ty Manager ~ Chuck Carpenter Bill Allen President of Chamber of Commerce Executive D~rector Ken Burdlck 2217 NORTH CARROLL P 0 BOX 1695 DENTON TEXAS 76202 (940) 387 2632 FAX (940) 382 7763 WWW northtexasstatefalr com December 3, 2001 Denton City Councd and Planning and Zoning Commission RE Reclassification of I 118 Collms St Denton Texas 76201 Dear Council and Comm~ssion members I have owned tbe subject property for about 10 years Tbe property is located about two blocks south of the intersection of Eagle Dr~vo and Welch Street, well within walking distance to the University of North Texas The property contained three old rental umts which I have subsequently demolished The structures were similar to those m the immediate neighborhood and needed to be removed I have learned multlfamlly development would be wholly prohthlted under the proposed classification DR-1 Therefore, I request that the subject property be reclassified from DR-I to DR-2 to allow multffamdy development of the property Reclassification would promote the intent of the current plan by enhancing the current status of the neighborhood and by mcreasmg tax revenues while mm~m~zmg the nnpact on city services The neighborhood consists of old, poorly maintained single family rentals, non conforming uses, and one well kept apartmem bmldmg I do not believe any oftbe properties adjacem to the subject property are owner occupied In your packet yon w~ll f'md photographs of the adjacent properties and the~' locations Mulufamlly development would increase the number of rental units within walking distance to the University of North Texas while providing non- students easy access to 1-35 and major neighborhood services Multlfamlly development Reclassification would increase tax revenues for the subject property while minimizing the unpeet on city services The subject property is currently vacant Under DR-I, the best use of the property consistent with the neighborhood would be single family dwellings The shape and size of the parcel would only allow for two single family homes A multlfamlly project developed aocordmg to current regulations would provide greater tax revenue while maintaining the residential status of the neighborhood Finally, the propefej unmedmtely to the east of the subject property is classified as DR-2 For the forgoing reasons, I respectfully request that you reclassify 1118 Collins St Denton Texas to DR-2 under the proposed development plan Raspect~_ l~ly, / Chris Watts ~.~ mFANNiN /~, A~ENUE A VICINITY MAR WATTAM ADDITION No'~ ?o s¢~T,. VOLUME 86, PAGE 526 FANNIN STREET D.R./D.C T. I I I I I I I ,oT4 I ,oT3 I ,°2 ,o~, o61 Iq ~_1 COMMENCINGI~ POINT OF I~ BEGINNING COLLINS STREET THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663 21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH 1NTFRESTS lN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONF1GURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING LOT 6 AND THE WEST ½ OF LOT 7, IN THE WATTAM ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED 1N VOLUME 86, PAGE 526, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF LOT 5 OF SAID ADDITION, WHICH IS THE NORTH LINE OF COLLINS STREET AND THE EAST LiNE OF AVENUE A, THENCE NORTH 89 DEGREES 17 MINUTES 22 SECONDS EAST WITH THE SOUTH LINE OF SAID LOT 5 AND THE NORTH LINE OF SAID COLLINS STREET, A DISTANCE OF 107 50 FEET TO THE POINT-OF-BEGINNING OF THE HEREIN DESCRIBED TRACT, THENCE NORTH WITH THE EAST LINE OF SAID LOT 5 AND THE WEST LINE OF SAID LOT 6, A DISTANCE OF 208 00 FEET TO THE NORTHWEST CORNER OF SAID LOT 6, THENCE EAST WITH THE NOR] H LINE OF LOT 6 AND THE NORTH LINE OF LOT 7, A DISTANCE OF 161 25 FEET, THENCE SOUTH WITH THE MIDDLE OF LOT 7, A DISTANCE OF 206 00 FEET TO THE SOUTH LINE OF LOT 7 AND THE NORTH LINE OF SAID COLLINS STREET, THENCE SOUTH 89 DEGREES 17 MINUTES 22 SECONDS WEST WITH THE SOUTH LINE OF LOT 7 AND THE SOUTH LINE OF LOT 6, AND WITH THE NORTH LINE OF SAID COLLINS STREET, A DISTANCE OF 161 26 FEET TO THE POINT-OF-BEGINNING AND CONTAINING 1N ALL 0 766 ACRE OF LAND THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663 21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGUARATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED Lot 1 Lot 2 Lot 3 Lot 4 Lot~ LOT 6 and 1/2 of 7 1/2 of Lot 7 and Lot 8